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IP #944
PROJECT NO. 944 Xylon Avenue Streetscape Improvements Item 11.3 12/15/14 Mayor Hemken introduced for discussion Item 11.3, Discuss cost and funding options for the Xylon Avenue Streetscape Improvements (improvement project no. 944). Res. 2015‐33 02/23/15 Resolution authorizing preparation of plans and specifications for public improvement project no. 944 (Phase one City Center infrastructure and streetscape improvements). Item 8.2 02/23/15 Motion directing Ehlers to proceed with necessary steps to finance City Center infrastructure and streetscape improvements for 42nd Avenue, Xylon Avenue, and 45th Avenue (improvement project no. 944) with $4.9 million bond issue. Item 11.4 02/17/15 Discuss phase one City Center infrastructure and streetscape improvements (project no. 944). Item 11.7 03/16/15 Discuss street lighting for 45th/Xylon Ave streetscape Res. 15‐46 03/23/15 Resolution approving plans and specifications and ordering advertisement for bids for Public Improvement Project 944 (Phase One City Center infrastructure and streetscape improvements) Res. 15‐52 04/13/15 Resolution ratifying an agreement with Xcel Energy for the burial of the overhead utility lines along Xylon Avenue from 42nd to 45th Avenues at a cost of $64,051.66 (improvement project no. 944) Res. 15‐55 04/13/15 Resolution awarding contract for 2015 City Center Streetscape Enhancement LED Light Project with WH Services (improvement project no. 944) Res. 15‐57 04/13/15 Resolution to prohibit parking on Xylon Avenue and 45th Avenue, from 42nd Avenue North and Winnetka Avenue (improvement project no. 944) Item 11.9 4/20/15 Discuss City Center Streetscape Improvements and Branding Efforts (improvement project no. 944). Res. 15‐72 04/27/15 Resolution awarding contract for construction of public improvement no. 944 (Xylon Avenue North & 45th Avenue North Infrastructure Improvements Project) Res. 15‐73 04/27/15 Resolution approving plans and specifications for the electrical/lighting and vertical elements, and ordering advertisement for bids for public improvement project no. 944 (Phase one City Center infrastructure and landscape improvements) Res. 15‐74 04/27/15 Resolution providing for the sale of General Obligation Improvements Bonds, Series 2015A (improvement project 944) Res. 15‐101 06/15/15 Resolution awarding contract with Artistic Stone and Concrete for construction of vertical elements and lighting improvements for public improvement no. 944 (Xylon Avenue North & 45th Avenue North Infrastructure Improvements Project) $1,114,630.50 Item 11.5 10/19/15 Discuss maintenance needs for Xylon Avenue Streetscape elements (project no. 944) Item 6.6 10/26/15 Motion accepting the permanent easement for construction and maintenance of public improvement, drainage and utilities (project no. 944). Item 6.5 11/23/15 Motion accepting the Temporary Easement for construction of public improvement (project no. 944) 2015‐190 12/14/15 Resolution approving change order No. 1 for Artistic Stone and Concrete for Public Improvement Project No. 944 – Xylon Ave. N. 2015‐191 12/14/15 Resolution approving change order No. 2 for Artistic Stone and Concrete for Public Improvement Project No. 944 – Xylon Ave. N. 2015‐192 12/14/15 Resolution approving change order No. 3 for Artistic Stone and Concrete for Public Improvement Project No. 944 – Xylon Ave. N (Project No. 944) 2016‐65 04/11/16 Resolution approving construction change order no. 1 for Geislinger & Sons, Inc. contract for public improvement project no. 944 ‐ Xylon Avenue North (City Center infrastructure improvements) 16‐98 7/25/16 Resolution accepting the street light portion of the 2015 City Center Streetscape Project and authorizing final payment of $8,312.35 to W/H Services (improvement project no. 944) 2016‐137 11/28/16 Resolution approving contract for snow removal and maintenance services with Nelson Lawn and Landscape, LLC (project no. 944) 2017‐19 2/13/17 Resolution approving change order no. 2 for Geislinger & Sons, Inc. contract for public improvement project no. 944 ‐ Xylon Avenue North (City Center Infrastructure improvements) 2017‐20 2/13/17 Resolution approving the final pay request under Geislinger & Sons, Inc. contract for public improvement project no. 944 ‐ Xylon Avenue North (City Center Infrastructure improvements) Item 11.3 3/20/17 Discussion regarding charging liquidated damages against Artistic Stone & Concrete Item 6.7 12/12/17 Motion approving final pay request for Artistic Stone and Concrete contract for public improvement project no. 944 – Xylon Avenue North (City Center infrastructure improvements) Request for Action February 13, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution approving the final pay request under Geislinger & Sons, Inc. contract for public improvement project o. 944-�,Xylon Avenue N. (City Center infrastructure improvements) Requested Action Staff requests the City Council approve the attached resolution, approving the final payment to Geislinger & Sons, Inc. in the amount of $301,206.51. The final payment will include the Change Order No. 2 request, and will conclude the construction of the Xylon Avenue street infrastructure. Policy/Past Practice It is the practice of the city to require the approval of Motions authorizing the final payment for contracted services employed by the city. Background At the April 27, 2015, City Council meeting, the Council awarded the contract for the construction of Xylon Avenue to Geislinger & Sons, Inc. (Geislinger) at a low -bid amount of $4,181,767.00. The project included the complete reconstruction of Xylon and 45th avenues, including installation of new underground utilities. The project also included two alternatives. The first was the reconstruction of Xylon Avenue between 45th and 46th avenues, and the second was the installation of the retractable bollards in Xylon Avenue in front of City Hall. This project was a huge coordinated effort between Geislinger, the contractor for the vertical elements (Artistic Stone), all of the subcontractors, the City of New Hope and Hy -Vee. This project began during the construction of Hy -Vee, so coordination with their contractors was also essential. With so many moving parts, it was no surprise that there were some delays in getting this project completed in time. There were many times when Geislinger had to wait for other contractors to finish their job before Geislinger could finish theirs. At one point, staff considered penalizing Geislinger with liquidated damages due to the overrun in the time it took to complete the project. However, after many conversations with Geislinger, it became apparent that the delays were not solely caused by poor time management, rather conflicts in working around, alongside and with other contractors in the area. As a result, staff will not request any liquidated damages against Geislinger for this project. At this time, all improvements have been completed, and Geislinger is requesting the final payment for their work. Recommendation Staff recommends approval of the motion. Attachments • Resolution • Contractor's Request for Final Payment • Stantec Memo I:\RFA\COMM DEV \Development\Q -Approve Geislinger Final Payment 2-13-17,doex City of New Hope RESOLUTION NO. 2017- ZO RESOLUTION APPROVING FINAL PAY REQUEST UNDER GEISLINGER & SONS, INC. CONTRACT FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center infrastructure improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the final payment request from Geislinger & Sons, Inc. ("Geislinger") relating to the contract for Xylon Avenue North Infrastructure Improvements ("Geislinger Contract'); WHEREAS, the City finds that Geislinger has completed the work in accordance with the Geislinger Contract plans and specifications and the final payment request is reasonable and the City Engineer recommends final payment be made under the Geislinger Contract; and WHEREAS, the City Council has considered this request for final payment under the Geislinger Contract relating to City Project No. 944 at its meeting of February 13, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that final payment of $301,206.51 to Geislinger under the Geislinger Contract is approved and the City accepts the project which is now complete. Dated the 13th day of February, 2017. Kathi H en, M y Attest: �L�iOTtR— Valerie Leone, City Clerk Co Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: December 7, 2016 For Period: 8/26/2016 to 12/7/2016 Request No: 11/FINAL Contractor: Geislinger & Sons, Inc., 511 Central ave. S., P. O. Box 437, Watkins, MN 55389 CONTRACTOR'S REQUEST FOR PAYMENT XYLON AVE. N. & 45TH AVE. N. INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO, 193802810 CITY PROJECT NO, 944 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: STANTEC Approved by Contractor: GEISLINGER & SONS, INC. e� �t Specified Contract Completion Date: 193802810RFP11 FINALA.m 11 /FINAL 12,938.62 0.00 $ 4,181,767.00 $ 4,194,705.62 $ 4,233,896.37 $ 0.00 $ 4,233,896.37 $ 0.00 $ 4,233,896.37 $ 3,932,689.86 $ 0.00 $ 301,206.51 Approved by Owner: CITY OF NEW HOPE *����,�.� Mill MCDon" city •Mwiab...\. Date: (3 193802810RFP11 FINAL.xlsm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 200000.00 1 $200,000.00 2 CLEARING TREE 13 400.00 20 $8,000.00 3 GRUBBING TREE 13 200.00 20 $4,000.00 4 REMOVE RETAINING WALL LF 180 25.00 180 $4,500.00 5 REMOVE WATER MAIN LF 3252 2.00 3168 $6,336.00 6 REMOVE SEWER PIPE (SANITARY) LF 1172 2.00 1102 $2,204.00 7 REMOVE SANITARY SERVICE PIPE LF 150 1.00 191 $191.00 8 REMOVE SEWER PIPE (STORM) LF 1932 12.00 2048 $24,576.00 9 REMOVE CONCRETE CURB AND GUTTER LF 5405 4.00 5405 $21,620.00 10 REMOVE CONCRETE PAVEMENT SY 1150 7.00 1150 $8,050.00 11 REMOVE BITUMINOUS PAVEMENT SY 11370 4.00 11370 $45,480.00 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 506 4.00 506 $2,024.00 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 270 5.00 253 $1,265.00 14 REMOVE CONCRETE SIDEWALK SY 3000 5.00 3044 $15,220.00 15 REMOVE HYDRANT EACH 6 250.00 5 $1,250.00 16 REMOVE VALVE EACH 10 100.00 13 $1,300.00 17 REMOVE MANHOLE (SANITARY) EACH 6 550.00 6 $3,300.00 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EACH 22 250.00 19 $4,750.00 19 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 150 7.00 150 $1,050.00 20 SAWING BITUMINOUS PAVEMENT LF 250 5.00 238 $1,190.00 21 SALVAGE BENCH EACH 3 100.00 3 $300.00 22 SALVAGE TRASH RECEPTACLE EACH 1 100.00 1 $.100.00 23 SALVAGE SIGN TYPE C EACH 18 100.00 18 $1,800.00 24 SALVAGE FIRE STATION OPTICON TRAFFIC CONTROLLER LS 1 2500.00 1 $2,500.00 25 SALVAGE SIGN TYPE SPECIAL EACH 2 100,00 2 $200.00 26 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 450 30.00 50 $1,500.00 27 COMMON EXCAVATION CY 11050 14.00 11296 $158,144.00 28 SUBGRADE EXCAVATION CY 1500 10.00 94 $940.00 29 SELECT GRANULAR BORROW MOD (CV) CY 8979 19.00 8038 $152,722.00 30 CONSTRUCT ACCESS ROAD LS 1 10000.00 1 $10,000.00 31 GEOTEXTILE FABRIC TYPE V SY 11450 3.00 11450 $34,350.00 32 STREET SWEEPER (WITH PICKUP BROOM) HOUR 20 125.00 72 $9,000.00 33 AGGREGATE BASE CLASS 5 TON 10595 18.00 10548 $189,864.00 34 AGGREGATE SOILS CY 896 40.00 596.72 $23,868.80 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 480 3.00 610 $1,830.00 36 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 830 75.00 701.22 $52,591.50 37 TYPE SP 12.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 106 110.00 149.93 $16,492.30 38 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1940 65.00 1699.26 $110,451.90 39 IMPROVED PIPE FOUNDATION LF 160 6.00 800 $4,800.00 40 30" RC PIPE APRON EACH 1 1600.00 1 $1,600.00 41 4" PERF PVC PIPE DRAIN LF 6537 7.00 5370 $37,590.00 42 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 57 75.00 46 $3,450.00 43 8" PVC PIPE SEWER (SANITARY) LF 69 120.00 239 $28,680.00 44 10" PVC PIPE SEWER (SANITARY) LF 1087 120.00 1108 $132,960.00 45 12" RC PIPE SEWER DES 3006 CL V LF 101 50.00 176 $8,800.00 46 15" RC PIPE SEWER DES 3006 CL V LF 375 60.00 461 $27,660.00 47 18" RC PIPE SEWER DES 3006 CL V LF 334 75.00 336 $25,200.00 48 24" RC PIPE SEWER DES 3006 CL IV LF 294 80.00 282 $22,560.00 49 30" RC PIPE SEWER DES 3006 CL IV LF 81 95.00 125 $11,875.00 50 42" RC PIPE SEWER DES 3006 CL IV LF 641 150.00 647 $97,050.00 51 36 EQUIVALENT ARCH RC PIPE SEWER DES 3006 CL V LF 309 160.00 292 $46,720.00 52 SANITARY SEWER BYPASS LS 1 5000.00 1 $5,000.00 53 10"X6" PVC WYE EACH 8 750.00 8 $6,000.00 54 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 8 1500.00 5 $7,500.00 55 6" PIPE PLUG (SANITARY) EACH 4 100.00 4 $400.00 56 8" PIPE PLUG (SANITARY) EACH 1 100.00 1 $100.00 193802810RFP11 FINAL.xlsm 193802810RFP11 FINAL.ASm Contract Unit Current Quantity Amount ` No. Item Unit Quantity Price Quantity to Date to Date 57 CONNECT TO EXISTING SANITARY SEWER EACH 1 7500.00 58 CONNECT TO EXISTING MANHOLE (SANITARY) EACH 3 1 $7,500.00 59 CONNECT TO EXISTING STORM SEWER 8500.00 3 $25,500.00 60 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 11 3500.00 11 $38,500.00 EACH 1 5000.00 1 $5,000.00 61 6" PVC SANITARY SERVICE PIPE LF 298 50.00 239 $11,950.00 62 6" PVC SANITARY SERVICE RISER LF 30 50.00 63 SANITARY SEWER INSPECTION 46 $2,300.00 64 TEMPORARY WATER SERVICE LF 1525 3.00 1141 $3,423.00 65 IRRIGATION SYSTEM LS 1 16000.00 1 $16,000.00 66 WATERMAIN OFFSET LS 1 95000.00 0.08 1.08 $102,600.00 67 CONNECT TO EXISTING WATER MAIN EACH 3 5000.00 3 $15,000.00 68 CONNECT TO EXISTING WATER SERVICE EACH 3 3000.00 2 $6,000.00 EACH 9 750.00 9 $6,750.00 69 HYDRANT EACH 7 5000.00 7 $35,000.00 70 12" BUTTERFLY VALVE & BOX EACH 5 2500.00 6 $15,000.00 71 4" GATE VALVE & BOX EACH 1 1500.00 3 $4,500.00 72 6" GATE VALVE & BOX EACH 17 1700.00 13 $22,100.00 73 8" GATE VALVE & BOX EACH 5 2000.00 4 $8,0o0.00 74 6" PIPE PLUG (WATERMAIN) EACH 1 100.00 1 $100.00 75 8" PIPE PLUG (WATERMAIN) EACH - 3 100.00 1 $100.00 76 4" PVC WATERMAIN LF 135 40.00 151 $6,040.00 77 6" PVC WATERMAIN LF 447 60.00 373 $22,380.00 78 8" PVC WATERMAIN LF 186 65.00 186 $12,090.00 79 12" PVC WATERMAIN LF 2484 95.00 2482 $235,790.00 80 HYDRANT BARREL ADJUST LF 5 500.00 2 $1,000.00 81 DUCTILE IRON FITTINGS LB 3146 5.00 3146 $15,730.00 82 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 4 6500.00 4 $26,000.00 83 CONSTRUCT DRAINAGE. STRUCTURE DES SPEC 2'X3' EACH 10 3000.00 11 $33,000.00 84 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 10 3400.00 85 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 3 3800.00 13 $44,200.00 3 $11,400.00 86 CONSTRUCT DRAINAGE STRUCTURE DES SPEC & WITH 3' SUMP EACH 1 4000.00 1 $4,000.00 87 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 7 4500.00 88 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 2 5400.00 6 $27,000.00 89 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' WITH 3' 1.5 $8,100.00 SUMP EACH 1 6000.00 1 $6,000.00 90 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 8' EACH 3 6500.00 91 RANDOM RIPRAP CL III CY 56 75.00 2 $13,000.00 92 5" CONCRETE WALK 56 $4,200.00 SF 37007 7.00 43657 $305,599.00 93 5" CONCRETE WALK SPECIAL (COLORED CONCRETE BANDS) SF 2821 20.00 2972 $59,440.00 94 7" CONCRETE SF 20054 9.00 17951 $161,559.00 95 7" CONCRETE WALK SPECIAL 1 (COLORED CROSSWALK) SF 4892 20.00 4838 $96,760.00 96 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP Sr 2530 12.00 3534 $42,408.00 97 SPECIAL SURFACE (INFORMAL SEATING AREA) SF 550 50.00 98 CONCRETE CURB & GUTTER DESIGN B618 LF 5530 17.00 S0.00 6495 $110,415.00 99 CONCRETE CURB DESIGN V6 (LANDSCAPE 6" PLANTINGS CURBING) LF 790 35.00 692 $24,220.00 100 TRUNCATED DOME PANEL SF 610 62.00 541 $33,542.00 101 TRASH RECEPTACLE EACH 4 2000.00 4 $8,000.00 102 BENCHES EACH 10 2400.00 10 $24,000.00 103 TABLES EACH 3 7000.00 3 $21,000.00 104 BIKE RACKS EACH 6 800.00 6 $4,800.00 105 PRECAST CONCRETE PAVERS SF 2530 14.00 2530 $35,420.00 106 BLOCK RETAINING WALL SF 120 50.00 747 $37,350.00 107 REMOVE LOOP DETECTORS LS 1 2500.00 1 $2,500.00 193802810RFP11 FINAL.ASm ALTERNATE NO. 1: RETRACTABLE ROAD BOLLARDS 137 7" CONCRETE WALK SPECIAL 1 SF 150 50.00 138 RETRACTABLE ROAD BOLLARD EACH 10 3000.00 TOTAL ALTERNATE NO. 1: RETRACTABLE ROAD BOLLARDS ALTERNATE NO. 2: XYLON AVENUE N. (45TH TO 46TH) 139 MOBILIZATION 140 CLEARING 141 GRUBBING 142 REMOVE WATER MAIN 143 REMOVE SEWER PIPE (SANITARY) 144 REMOVE SEWER PIPE (STORM) 145 REMOVE CONCRETE CURB 146 REMOVE BITUMINOUS PAVEMENT 147 REMOVE BITUMINOUS PAVEMENT 148 REMOVE CONCRETE WALK 149 REMOVE HYDRANT 150 REMOVE VALVE 151 REMOVE MANHOLE OR CATCH BASIN 152 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 153 SALVAGE SIGN TYPE C 154 SALVAGE SIGN SPECIAL 155 COMMON EXCAVATION 156 SUBGRADE EXCAVATION 157 SELECT GRANULAR BORROW MOD (CV) 158 GEOTEXTILE FABRIC TYPE V 159 STREET SWEEPER (WITH PICKUP BROOM) 19380281ORFP11 FM L.Asm Current Quantity Amount Quantity to Date Contract Unit No. Item Unit Quantity Price 108 INSTALL & PRIVACY FENCE LS 1 20000.00 109 CHAIN LINK SAFETY FENCE LF 150 50.00 110 TRAFFIC CONTROL LS 1 7500.00 111 DETOUR SIGNING LS 1 8000.00 112 SIGN PANELS TYPE C SF 130 45.00 113 INSTALL SIGN SPECIAL EACH 2 300.00 114 DECIDUOUS TREE 6' HT B&B TREE 114 550.00 115 DECIDUOUS SHRUB NO 5 CONT SHRB 476 60.00 116 PERENNIAL NO 1 CONT PLT 634 25.00 117 TREE GRATES & FRAMES (5' SQUARE) EACH 11 2500.00 118 TREE GRATES & FRAMES (3'X5') EACH 11 2300.00 119 SILT FENCE, TYPE MS LF 1000 5.00 120 STORM DRAIN INLET PROTECTION EACH 48 200.00 121 STORM OUTLET PROTECTION EA 2 300.00 122 STABILIZED CONSTRUCTION EXIT LS 1 5000.00 123 PLANTING TOPSOIL BORROW CY 58 40.00 124 BOULEVARD TOPSOIL BORROW CY 643 28.00 125 SODDING TYPE LAWN SY 1480 10.00 126 MULCH MATERIAL TYPE 6 CY 180 50.00 127 WATER FOR DUST CONTROL MGAL 600 15.00 128 GRANITE ROCK CY 50 100.00 129 PAVt MSSG (LT ARROW) PAINT EACH 2 150.00 130 PAVF MSSG (RT ARROW) PAINT EACH 2 150.00 131 PAVF MSSG (RT-THRU ARROW) PAINT EACH 1 180.00 132 PAVt MSSG (LT-THRU ARROW) PAINT EACH 1 180.00 133 4" SOLID LINE WHITE PAINT LF 280 1.00 134 24" STOP LINE WHITE PAINT LF 70 6.00 135 4" DOUBLE SOLID LINE YELLOW PAINT LF 2350 1.20 136 CROSSWALK MARKING PAINT SF 378 6.00 TOTAL BASE BID ALTERNATE NO. 1: RETRACTABLE ROAD BOLLARDS 137 7" CONCRETE WALK SPECIAL 1 SF 150 50.00 138 RETRACTABLE ROAD BOLLARD EACH 10 3000.00 TOTAL ALTERNATE NO. 1: RETRACTABLE ROAD BOLLARDS ALTERNATE NO. 2: XYLON AVENUE N. (45TH TO 46TH) 139 MOBILIZATION 140 CLEARING 141 GRUBBING 142 REMOVE WATER MAIN 143 REMOVE SEWER PIPE (SANITARY) 144 REMOVE SEWER PIPE (STORM) 145 REMOVE CONCRETE CURB 146 REMOVE BITUMINOUS PAVEMENT 147 REMOVE BITUMINOUS PAVEMENT 148 REMOVE CONCRETE WALK 149 REMOVE HYDRANT 150 REMOVE VALVE 151 REMOVE MANHOLE OR CATCH BASIN 152 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 153 SALVAGE SIGN TYPE C 154 SALVAGE SIGN SPECIAL 155 COMMON EXCAVATION 156 SUBGRADE EXCAVATION 157 SELECT GRANULAR BORROW MOD (CV) 158 GEOTEXTILE FABRIC TYPE V 159 STREET SWEEPER (WITH PICKUP BROOM) 19380281ORFP11 FM L.Asm Current Quantity Amount Quantity to Date to Date 1 $20,000.00 233 $11,650.00 1 $7,500.00 2.89 $23,120.00 130 $5,850.00 2 $600.00 121 $66,550.00 489 $29,340.00 875 $21,875.00 11 $27,500.00 11 $25,300.00 400 $2,000.00 19 $3,800.00 LF $0.00 1 $5,000.00 57 $2,280.00 1112 $31,136.00 5321 $53,210.00 180 $9,000.00 3.00 $0.00 50 $5,000.00 3 $450.00 3 $450.00 2 $360.00 2 $360.00 280 $280.00 70 $420.00 2350 $2,820.00 414 $2,484.00 250.00 $3,711,506.50 150 $7,500.00 10 $30,000.00 $37,500.00 LS 1 35000.00 1 $35,000.00 TREE 3 400.00 4 $1,600.00 TREE 3 200.00 4 $800.00 LF 662 2.00 85 $170.00 LF 40 2.00 40 $80.00 LF 40 12.00 490 $5,880.00 LF 984 4.00 1129 $4,516.00 SY 1631 3.00 1631 $4,893.00 SY 1631 3.00 $0.00 SY 239 5.00 390 $1,950.00 EACH 1 250.00 1 $250.00 EACH 2 100.00 2 $200.00 EACH 8 250.00 8 $2,000.00 LF 85 4.00 86 $344.00 EACH 5 40.00 $0.00 EACH 1 60.00 $0.00 CY 1650 14,00 1650 $23,100.00 CY 1518 10.00 $0.00 CY 815 1900 700 $13,300.00 SY 1631 3.00 1631 $4,893.00 HOUR 10 125.00 10 $1,250.00 193802810RFPi 1 FINAL.Asm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 160 AGGREGATE BASE CLASS 5 TON 1294 18.00 1148 $20,664.00 161 BITUMINOUS MATERIAL FOR TACK COAT GAL 85 3.00 75 $225.00 162 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 155 75.00 177.15 $13,286.25 163 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 206 65.00 206 $13,390.00 164 IMPROVED PIPE FOUNDATION. LF 100 6.00 $0.00 165 4" PERE PVC PIPE DRAIN LF 1236 7.00 1000 $7,000.00 166 CONNECT INTO DRAINAGE STRUCTURE (STORM) EACH 6 5000.00 6 $30,000.00 167 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 14 50.00 11 $550.00 168 8" PVC PIPE SEWER LF 70 120.00 30 $3,600.00 169 10" PVC PIPE SEWER LF 20 120,00 60 $7,200.00 170 12" RC PIPE SEWER DES 3006 CL V LF 66 50.00 70 $3,500.00 171 15" RC PIPE SEWER DES 3006 CL V -Lf 115 60.00 119 $7,140.00 172 24" RC PIPE SEWER DES 3006 CL V LF 63 75.00 63 $4,725.00 173 30" RC PIPE SEWER DES 3006 CL IV LF 297 95.00 277 $26,315.00 174 42" RC PIPE SEWER DES 3006 CL IV LF 208 150.00 208 $31,200.00 175 SANITARY SEWER BYPASS LS 1 1000.00 1 $1,000.00 176 8" PIPE PLUG EACH 1 100.00 1 $100.00 177 CONNECTTO EXISTING SANITARY SEWER EACH 2 7500.00 2 $15,000.00 178 CONNECT TO EXISTING STORM SEWER EACH 2 3500.00 2 $7,000.00 179 WATERMAIN OFFSET EACH 1 5000.00 1 $5,000.00 180 CONNECT TO EXISTING WATER MAIN EACH 3 3000.00 3 $9,000.00 181 HYDRANT EACH 2 5000.00 2 $10,000.00 182 6" GATE VALVE & BOX EACH 1 1700.00 2 $3,400.00 183 8" GATE VALVE & BOX EACH 6 2000.00 4 $8,000.00 184 6" PVC WATERMAIN LF 23 60.00 23 $1,380.00 185 8" PVC WATERMAIN LF 648 65.00 642 $41,730.00 186 DUCTILE IRON FITTINGS LB 402 5.00 572 $2,860.00 187 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 1 6500.00 1 $6,500.00 188 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 4 3000.00 4 $12,000.00 189 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 3 3400.00 3 $10,200.00 190 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 4 3800.00 4 $15,200.00 191 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 1 5400.00 1 $5,400.00 192 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 1 6500.00 1 $6,500.00 193 5" CONCRETE WALK SF 837 6.00 837 $5,022.00 194 CONCRETE CURB & GUTTER DESIGN B618 LF 984 18.00 984 $17,712.00 195 TRUNCATED DOME PANEL SF 16 62.00 40 $2,480.00 196 TRAFFIC CONTROL LS 1 1000.00 1 $1,000.00 197 DETOURSIGNING LS 1 1200.00 1 $1,2.00 198 SIGN PANELS TYPE C SF 100 44.00 74 $3,256.00 199 INSTALL SIGN TYPE C EACH 10 125.00 10 $1,250.00 200 INSTALL SIGN TYPE SPECIAL EACH 10 300.00 $0.00 201 STORM DRAIN INLET PROTECTION EACH 18 200.00 $0.00 202 STABILIZED CONSTRUCTION EXIT LS 1 2500.00 $0.00 203 BOULEVARD TOPSOIL BORROW CY 61 30.00 61 $1,830.00 204 SODDING TYPE LAWN SY 543 10.00 837 $8,370.00 205 WATER FOR DUST CONTROL MGAL 200 15.00 $0.00 206 CROSSWALK MARKING PAINT SF 150 6.00 90 $540.00 TOTAL ALTERNATE NO. 2: XYLON AVENUE N. (45TH TO 46TH) $471,951.25 CHANGE ORDER NO. 2 1 ALL RELATED COSTS FOR ADDITIONAL WORK TO COMPLETE WELLS FARGO ROOF DRAIN DISCHARGE RE- CONNECTION LS 1 12938.62 1 1 $12,938.62 TOTAL CHANGE ORDER NO.2 $12,938.62 193802810RFPi 1 FINAL.Asm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date TOTAL BASE BID: $3,711,506.50 TOTAL ALTERNATE NO, 1: RETRACTABLE ROAD BOLLARDS $37,500.00 TOTAL ALTERNATE NO. 2: XYLON AVENUE N. (45TH TO 46TH) $471,951.25 TOTAL CHANGE ORDER NO.2 $12,938.62 TOTAL WORK COMPLETED TO DATE $4,233,896.37 193802810RFP11 FINAL SI PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 944 STANTEC PROJECT NO. 193802810 CONTRACTOR GEISLINGER & SONS, INC. CHANGE ORDERS No. Date Description Amnunt PAYMENT SUMMARY No. From To Pavment Retainnna cpm. Io+a t 1 3/10/2016 This Change Order provides for adjustments to 296,464.60 15,603.40 312,068.00 completion dates and has no payable value. See 06/09/2015 07/03/2015 371,150.09 Change Order, 702,752.30 2 12/6/2016 This Change Order provides for additional work on this $12,938.62 46,494.27 929,885.30 project. See Change Order. 09/10/2015 Total Change Orders $12,938,62 PAYMENT SUMMARY No. From To Pavment Retainnna cpm. Io+a t 1 05/01/2015 06/08/2015 296,464.60 15,603.40 312,068.00 2 06/09/2015 07/03/2015 371,150.09 35,137.62 702,752.30 3 07/04/2015 09/09/2015 215,776.35 46,494.27 929,885.30 4 09/10/2015 10/06/2015 354,399.88 65,146.89 1,302,937.80 5 10/07/2015 10/29/2015 597,058.85 96,571.04 1,931,420.80 6 10/30/2015 12/14/2015 1,131,442.20 159,804.84 3,196,096.80 7 12/15/2016 02/26/2016 142,237.04 167,291.00 3,345,820.00 8 02/27/2016 05/17/2016 419,285.35 189,358.65 3,787,173.00 9 05/18/2016 08/01/2016 309,961.01 205,672.39 4,113,447,75 10 08/02/2016 08/25/2016 94,914.50 210,667.89 4,213,447.75 11/FINAL 08/26/2016 1 12/07/20161 301,206.51 4,233,896.37 Material on Hand Total Payment to Date $4,233,896.37 Original Contract $4,181,767.00 Retainage Pay No. 11 /FINAL Change Orders $12,938.62 Total Amount Earned $4,233,896.37 Revised Contract $4,194,705.62 193802810RFP11 FINAL.Asm December 5, 2016 Chris Long RE: Xylon Ave, New Hope Chris: GEISLINGER AND SONS, INC. General Contractors 511 Central Ave. S. PO Box 437 Watklns, MN 55389 Phone -320.764.2006 Fax -320.764.2007 In reference to the meeting held at the New Hope City Hall, this letter will briefly identify some of the issues that affected the completion of the project. • The primary contributor was too many contracts and or contractors on the project that were not under our control. • Volume of contractors on project working together at one time slowing production • Differing schedules of contractors. At times contractors could not work because they were waiting on one or more contractors to complete work. Some could wait one or two weeks to start work in a specific area. • Re -do work already completed. West side of Xylon Ave was regraded three times by pool area after city contractors did work but did not restore the area worked on. Later in the same area, we had to wait for Kilmer Electric to relocate the fiber optic before we could install bollards. On the east side of Xylon Ave, waited for the poles to be moved. It was mid -summer before this was completed. Later Hy -Vee changed the parking lot design and so the irrigation lines had to be relocated. • North side of 456 Ave had the wrong gas size main installed. We had to wait for correct size to be installed. • We changed our schedule to accommodate getting the Hy -Vee gas stationed opened in their timeline. I hope this helps to better understand the project. Sincerley, Gary Luebben Geislinger & Sons, Inc. 5 Stantec January 4, 2017 File: 193802810 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Avenue North and 451h Avenue North Infrastructure Improvements - Final Payment City Project #944 Dear Jeff, Enclosed find the final pay request and the IC -134 forms for the Xylon Avenue North and 45th Avenue North Infrastructure Improvements project. The contractor, Geislinger & Sons, Inc., has completed the work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $301,206.51 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 $4,181,767.00. The contract was amended to include two change orders, resulting in a Revised Contract Amount of $4,194,705.62. Change Order No. 1 provided for adjustments to the completion dates and had no payable value. Change Order No. 2, in the amount of $12,938.62, provided additional payment for repairing the road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank. The Final Construction Amount is $4,233,896.37, which is $39,190.75 over the Revised Contract Amount. This over run was primarily due to additional street improvements required, including additional concrete, bituminous, retaining wall, and sod restoration work. Previous payments to the contractor identified liquidated damages due to the work not being completed on contract milestone and completion dates. The final payment does not reflect assessing any liquidated damages as the contractor encountered several delays outside of their control during the progress of the work (see attached letter from Geislinger & Sons, Inc. dated December 5, 2016). If you have any questions or require further information, please call me at (651)604-4808. Design with community In mind C"I" January 4, 2017 Mr. Jeff Sargent Page 2 of 2 Reference: City Project #944 - Xylon Avenue North and 45th Avenue North Infrastructure Improvements - Final Payment Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Attachments: Final Pay Request & IC -134's C. Kirk McDonald, Valerie Leone - New Hope; Adam Martinson, Ann Dienhart, Kellie Schlegel - Stantec. c:� DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 0.158-942-528 Submitted Date and Time: 17 -Jan -2017 1:31:39 PM Legal Name: GEISLINGER AND SONS Federal Employer ID: 26-0591820 User Who Submitted: geislinger Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number. Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 1940111360 9061277 CITY OF NEW HOPE 944 01 -May -2015 30 -Aug -2018 XYLON AVE N & 45TH AVE N $4,194,705.62 Name ID Affidavit Number BITUMINOUS ROADWAYS 8225235 2141667328 GEYER SIGNAL 3502133 432193536 FRENCH LAKE CURB CO 3825384 324714496 CAPITAL CONCRETE 5893965 1491451904 BLACKSTONE CONTRACTORS 9381216 764526592 MAORGOLIS CO 8259877 1820018640 SAFETY SIGNS 5139558 651018240 Important Messages A copy of this page must be provided to the contractor or govemment agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Pleasemu it thispaQe for your records using the print or save functionality built into your browser. 1, r _t m ---- /^I- r_- A•_.n..�__utr nt, .rc_.on_t_.._n Page 1 of 1 1 11 ^ /nrN'1 Page I of t DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Air davit has been approved. Confirmation Summary Confirmation Number: 2-070.305-086 Submitted Date and Time: 3 -Jen -2017 11:47:10 AM Legal Name: BITUMINOUS ROADWAYS WC Federal Employer to: 41-0646804 User Who Submitted: Cindy Ladmn Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 2141667328 Minnesota to: 8226235 Project Owner: CITY OF NEW HOPE Projecl Number: 944 Project Begin Date: 01Jun-20ffi Project End Date: 02 -Sep -2016 Project Location: NEW HOPE - XYLON AVE N & 45TH AVE N ProjeclAmount: $217,633.98 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 051-282-9999, (toll-free) 800.857-3594, or (email) wilhhoWing.toQatale.mn.us. Business hours are 8:00 a.m. -4:30 p.m Monday- Fdtlay. Please print thea nage for your records using the print or save funcdonatlry, bunt Into your browser. https://www.mndor.state.mn.usltpleservices/_/Retrieve/0/c-IGgOcKLaRz) VLMWvgxKggF... 1/3/2017 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your COntm0torAiBdavlt has been approved. Confirmation Summary COMirmeOon Number: Submitted Date and Time: Lepel Name: Federal Employer ID: User 1Mto Submilded- Type of Request Submitted: Affidavit Summary Affidarh Number. Minnesota ID: Project Damer. Pmjed Number. Protect Begin Date: Project End Date: Project Location: ProjectAmount Suboontractors: 0-184-088-912 18-Deo2018 10:53:08 AM GEYER SIGNAL OF ST CLOUD INC 41-1883858 9eysig Contractor A8ldwIt 432193538 3502133 CITY OF NEW HOPE 944 12 -May -2015 12Jul-2018 NEW HOPE $44,588.84 No Subcontractors Important Messages A copy of this Pepe must be provided b the oonCeCtorarpeYlrferlBM agency Met hbed you. contact Us If you need further assistance, domaa our 41A8Molding Tax Division at 851.282-8090, (toll-free) floo415T-3594, or (ameg) a41htioldlnp.h xQstete.mn.us. Swaim" hours am 8:00 8.m. -4:30 P.M. Monday - Friday. Please gfnt Ida 08cO for your record$ using the pint or save tunctlOrlaiBy, built into your bmw"r. ^986 "SRR SBg�e 5 ami 3Qx E C 00 N L Z C NQ U LU aV d Z C Q� c cu - CII C9 G i y� G W y W+� �8 i 6 tiyv LU ez d m'�o? Boit W LL 00 m a r e a a` oil g a E z to 3 E 2 a a E m N Q r9i, H g d W E E ^' N N9 2 c .P A ESO i t 9 O V Q W N n n ?�¢G O yq va 9 0 v« q LW a E m i y� G W y W+� �8 i 6 tiyv LU ez d m'�o? Boit W LL 00 m a r e a a` oil g a E M1mAd�.,Mlmdi DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has boon approved. Confirmation Summary Confirmation Number. Submitted Dete and Time: Legal Name: Federal Employer ID: Veer Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota to' Project Owner; Project Number: Project Begin Oats: Project End Date: Project Locatlon: Pmjeot Amount: Subcontractors: 0.306-926764 4,tan-2017 10:45:10 AM CAPITAL CONCRETE INC 01-0627479 fgncretecapital Cnntracror Affidavit 1491461904 5893965 CITY OF NEW HOPE 944 01 -May -2015 01-00-2015 NEW HOPE MN $351,521.05 No Subcontractors Important Messages A copy of this page must be provided ro the contractor or government agency Ih Contact Us Iryou need further aeeistante, contact our Withholding Tax CivWon at 651.282= wlthholding.tax"ate.mn.w, Business hours fire 6;00 a.m. - 4:30 p.m. Monday Please odmthis pane (or yotir records using 1ho print or save functionality built https://www.m.udor.state.mn.us/tp/eservices/_/Re EA 71C iVH ONT 313MONCO -IGl ICJV0 you. (email) 0=86CHE 1/4/2017 EV:ZZ LLOZ/E0/I0 Page I of l DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you. your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: D-422-431-040 Submitted Date and Time: 4-dan-2D17 9:17:44AM Legal Name: BLACKSTONE CONTRACTORS LLC Federal Employer ID: 26-1629924 User Who Submitted: blackstonecontractors Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner. Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 764626592 9381216 CITY OF NEW HOPE 944 21 -Aug -2015 15-13 G2015 XYLON AVE AND 45TH AVE NEW HOPE MN $51,935.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651.282-9999, (toll-free) 800-657-3594, or (email) withhalding.taxaslate.mn.us. Business hours are 8:00 a.m. -4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality bulk Into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/0/c-/hQhUMIktYJ7bRKOr3CNwFQ... 1/4/2017 1/5/2017 http$J/www.mridorstate.mn.us/oleservtcea/,/Retriev0Vc-/QOONQD3PxP(LgvivY8CKubg_?FILE_ Print2 DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-450-170.688 Submitted Date and Time: 5 -Jan -2017 11:52:52 AM Legal Name: MARGOLIS CO Federal Employer ID: 41.0662175 User Who Submitted: MargoTax Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1820016840 Minnesota ID: 8259877 Project Owner: CITYOFNEWHOPE Project Number: 944 Project Begin Date: 19 -Oct -2015 Project End Date: 31 -May -2016 Project Location: NEW HOPE, MN ProjectAmount $238,752.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need fur0ter assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 800 a.m. -4:30 p.m. Monday -Friday. Please print this pane for your records using the print or save functionality built into your browser. haps:#Www.mndw.stata.mn.usltp/esemicm/ /Reriwe/0/ /O00NQD3PxKLgwivY8CKubg_?FILE_=Pr1nt2 1/1 01/05/2017 17:19 9524696689 SAFETY SIGNS PAGE 01/02 Page 1 of 1 Myr DEPARTMENT ■ � ■ OF REVENUE Contractor Affidavit Submitted Thank you, your Condector Affidavit has been approved. Confirmation Summary Confirmation Number Submitted Date and gime: Legal Name: Federal Employer ID: User Wnc Submitted: Type of Raquesl Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner. Project Number Project Begin Dale: Project End Date: Project Local on: Project Amount: Subcontractors: 4629-136-880 5 -Jan -2017 5:15:21 FM SAFETY SIGNS LLC 41-1991774 sue blanchard Contractor Af8da%61 651010240 5139558 CITY OF NEW HOPE NA 15-Maf-2016 19-Mey-2016 XYLON AVE 8 45TH AVE 860,570.00 No Subcontractors important Messages A copy of this page must be proMded to the contractor or govemment agency that hired you, Contact Us If you need further assistance, contact our Wlhholding Tax Olosion at 651.202-9999. (toll-free) 800037-3594, or Jarrell) withholding.tax@state.mn.us. Business hours aro 5:00 a.m. - 4:30 p.m. Monday - Friday. please odnllhis oaoe for your records using the prim or save functlonality, built into your browser. I— .,.__._rnr_ r.,<,_:.r111.v.arTon.,,ncnrtrrr, 1/5/2017 DEPARTMENT 4F REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Con8rmalton Number: Submitted Date and Time: Legal Name: Federal Employer ID: Leer Who Submitted: 0-126362-944 17 -Jan -2017 4:27:10 PM C & L EXCAVATING INC 41-1815334 blackdirtl Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number. Minnesota 10: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount Subcontractors: 1334951938 3881660 CITY OF NEW HOPE 944 21 -Sep -2016 01 -Oct -2016 NEW HOPE MN $107,675.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (loll -free) 800.857-3594, or (email) withholding.tax0slate.mn.us. Business hours are 8:00 a.m. - 4:30 p m. Monday - Friday, Please pant this pais for your records using the print or save functionality built Into your browser. wo Request for Action February 13, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution approving change order No. 2 for Geislinger & Sons, Inc. contract for public improvement Project No. 944 - Xylon Avenue N. (City Center infrastructure improvements). Requested Action Staff requests approval of the resolution approving the change order No. 2 for Geislinger & Sons, Inc. in the amount of $12,938.62, to provide additional payment for repair of the re -occurring road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank. Policy/Past Practice It is a past practice for the City Council to require the approval of resolutions approving change orders for contracted services employed by the city. Background Upon completion of Xylon Avenue, it was discovered that there was some severe settling adjacent to Wells Fargo Bank, that resulted in the buckling of the road and the creation of potholes. When filled and patched, the settling reoccurred. When inspected, it was discovered that the reoccurring settling was caused by an unknown roof drain discharge pipe from the Wells Fargo Bank building. It was determined that the original roof drain had been connected to the existing storm sewer system on Xylon Avenue. The roof drain discharge was not observed during construction or during the removal of the existing storm sewer system. For this reason, the roof drain pipe was never reconnected to the storm sewer system, causing underground flooding and the failure of the roadway in this area. Geislinger corrected the issue and is requesting payment for the work done. Recommendation Staff recommends that the Council approve the resolution approving the change order for Geislinger & Sons, Inc. Attachments • Resolution Construction Change Order No. 2 Stantec Memo I:\RFA\COMM DEV\Development\Q & R - Geislinger Change Order No. 2 2-13-17.docx City of New Hope RESOLUTION NO. 2017-19 RESOLUTION APPROVING CHANGE ORDER NO.2 FOR GEISLINGER & SONS, INC. CONTRACT FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center infrastructure improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the request for Change Order No. 2 from Geislinger & Sons, Inc. ("Geislinger") relating to the contract for Xylon Avenue North Infrastructure Improvements ("Geislinger Contract"); WHEREAS, Geislinger's Request for Change Order No. 2, relates to increased costs of $12,938.62 for additional work to correct a re -occurring road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank; and WHEREAS, upon investigation Geislinger determined that the area of road settlement was caused by an unknown roof drain discharge from the Wells Fargo Bank building; and WHEREAS, the City finds that the Change Order No. 2 is reasonable and the City Engineer recommends this increase in costs under the Geislinger Contract; and WHEREAS, the City Council has considered this request for Change Order No. 2 to the Geislinger Contract relating to City Project No. 944 at its meeting of February 13, 2017, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Change Order No. 2 to the Gieslinger Contract which increases the cost by $12,938.62 is approved, but in all other respects the Geislinger Contract shall remain in full force and effect according to its terms. Dated the 13th day of February, 2017. T� 7 Kathi en, M yor Attest: Valerie Leone, City Clerk ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 6, 2016 Contractor: Geislinger & Sons, Inc. 511 Central Ave. S., PO Box 437 Watkins, MN 55389 Bond Company: The Guarantee Company of North America USA, Bond No: 16120196 One Towne Square, Suite 1470, Southfield MI 48076-3725 CONSTRUCTION CHANGE ORDER NO. 2 XYLON AVE N. & 45TH AVE N. INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193802810 CITY PROJECT NO. 944 Description of Work This Change Order provides for payment for all related costs incurred to correct a re -occurring road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank. Upon investigation, it was discovered that the area of road settlement was caused by an unknown roof drain discharge from the Wells Fargo Building. It was determined that the original roof drain had been connected to the existing storm sewer system on Xylon Avenue. The roof drain discharge was not observed during construction and during the removal of the existing storm sewer system; therefore, the roof drain discharge was not re -connected to the new storm sewer system. The correction of the settlement and connection of the roof drain to the new storm sewer system required a roadway patch, replacement of curb and gutter, additional 6" PVC storm sewer and connnection to a nearby catch basin. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 2 ALL RELATED COSTS FOR ADDITIONAL WORK TO LS COMPLETE WELLS FARGO ROOF DRAIN DISCHARGE RE -CONNECTION TOTAL CHANGE ORDER NO. 2 193803185CH02,AI . $12,938.62 $12,938.62 $12,938.62 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: Completion of Xylon Ave from Sta. 0+00 to 13+50 Substantial Completion for remaining work (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: GEISLINGER & SONS, INC. Date cc: Owner Contractor Bonding Company Stantec 193803185CH02.xism Date: Approved by Owner: CITY OF NEW HOPE Date $4,181,767.00 $0.00 $12,938.62 $4,194,705.62 May 27, 2016 June 17, 2016 July 29, 2016 4' Stantec January 3, 2017 File: 193802810 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Ave. N. and 45th Ave. N. Infrastructure Improvements - Change Order No. 2 Dear Jeff: As requested, we have prepared Change Order No. 2 to provide additional payment to Geislinger and Sons for repair of the re -occurring road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank. Upon investigation, it was discovered that the area of re -occurring road settlement was caused by an unknown roof drain discharge pipe from the Wells Fargo Building. It was determined that the original roof drain had been connected to the existing storm sewer system on Xylon Avenue. The roof drain discharge was not observed during construction and during the removal of the existing storm sewer system; therefore, the roof drain discharge was not re -connected to the new storm sewer system. The correction of the settlement and connection of the roof drain to the new storm sewer system required a roadway patch, replacement of curb and gutter, additional 6" PVC storm sewer and connection to a nearby catch basin. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Design vitth community in mind 5 January 3, 2017 Mr. Jeff Sargent Page 2 of 2 Reference: Xylon Ave. N. and 45th Ave. N. Infrastructure Improvements - Change Order No. 2 Attachments: Change Order No. 2 c. Kirk McDonald, Valerie Leone - New Hope; Kellie Schlegel, Adam Martinson, Ann Dienhart - Stantec. Design wiih community in mind ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 6, 2016 Contractor: Geislinger & Sons, Inc. 511 Central Ave. S., PO Box 437 Watkins, MN 55389 Bond Company: The Guarantee Company of North America USA, Bond No: 16120196 One Towne Square, Suite 1470, Southfield MI 48076-3725 CONSTRUCTION CHANGE ORDER NO. 2 XYLON AVE N. & 45TH AVE N. INFRASTRUCTURE IMPROVEMENTS x. . STANTEC PROJECT NO. 193802810 x l CeP CITY PROJECT N0.944 Description of Work This Change Order provides for payment for all related costs incurred to correct a re -occurring road settlement located in the southbound right lane of Xylon Avenue, adjacent to Wells Fargo Bank. Upon investigation, it was discovered that the area of road settlement was caused by an unknown roof drain discharge from the Wells Fargo Building. It was determined that the original roof drain had been connected to the existing storm sewer system on Xylon Avenue. The roof drain discharge was not observed during construction and during the removal of the existing storm sewer system; therefore, the roof drain discharge was not re -connected to the new storm sewer system. The correction of the settlement and connection of the roof drain to the new storm sewer system required a roadway patch, replacement of curb and gutter, additional 6" PVC storm sewer and connnection to a nearby catch basin. No. Contract Unit Total Item Unit Quantity Price Amount CHANGE ORDER NO.2 ALL RELATED COSTS FOR ADDITIONAL WORK TO COMPLETE WELLS FARGO ROOF DRAIN DISCHARGE RE -CONNECTION TOTAL CHANGE ORDER NO. 2 193803185CH0 AI. LS 1 $12,938.62 $12,938.62 $12,938.62 Original Contract Amount $4,181,767.00 Previous Change Orders $0.00 This Change Order $12,938.62 Revised Contract Amount (including this change order) $4,194,705.62 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Completion of Xylon Ave from Sta. 0+00 to 13+50 May 27, 2016 Substantial Completion for remaining work (days or date): June 17, 2016 Ready for final Payment (days or date): July 29, 2016 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: GEISLINGER & SONS, INC. Date cc: Owner Contractor Bonding Company Stantec 193803185CH02.xlsm Date: Approved by Owner: ,CjTY OF NEW HO E C7 �. Date February 15, 2017 Geislinger & Sons, Inc. 511 Central Ave. S. PO Box 437 Watkins, MN 55389 Subject: Change Order No. 2 for Project No. 944 At its meeting of February 13, 2017, the New Hope City Council authorized change order no. 2 for $12,938.62 for project 944. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Bernie Weber, acting 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 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Leone Valerie From: Steven Sondrall <SAS@jspwlaw.com> Sent: Friday, May 26, 2017 10:54 AM To: Weber Bernie; McDonald Kirk; Leone Valerie Subject: FW: WH and City of New Hope Attachments: Term Agree New Hope WH Services final 5-15.pdf Flag Status: Flagged Attached is the agreement signed by both parties. Sci aLF — 6tf ("t/ &T(J--7 i w 4 Steven A. Sondrall 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Voice (763) 424-8811 Direct (763) 201-0211 Fax(763)493-5193 sas@ispwlaw.com JENSENSONDRALL PERSELLIN WOODS P.A., ATTORNEYS AT LAW �f ,Phn- �-lvtac,�-.t.E a�t.atrusu�) APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, From: Alisha Helgeson [mailto:a.heigeson@pemlaw.com] Sent: Tuesday, May 23, 2017 3:56 PM To: Steven Sondrall Cc: Kent Mattson Subject: RE: WH and City of New Hope Mr. Sondrall, Attached is a fully signed New Hope termination. From: Kent Mattson Sent: Tuesday, May 23, 2017 3:15 PM To: Steven Sondrall <SASCcD4spwlaw.com>; Alisha Helgeson <a.helaeson(Gpemlaw.com> Cc: kmcdonald@ci.new-hooe.mn us; Weber Bernie <bweber(@ci.new-hone.mn.us> Subject: RE: WH and City of New Hope Thank you. Z= Kent D. Mattson, Attorney Pemberton, Sorlie, Rufer & Kershner, PLLP 110 North Mill Street, Fergus Falls, MN 56537 Phone: 218-736-5493, ext. 118 Direct: 218-998-9413 Fax: 218-736-3950 k.mattson@oemlaw.com "Attorney Client Privileged Document" Your agreement to accept e-mail communications constitutes your consent to the use of electronic communications and the risks thereof. This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. From: Steven Sondrall [mailto:SAS@ispwlaw.comj Sent: Tuesday, May 23, 2017 3:13 PM To: Alisha Helgeson <a.heleeson@oemlaw.com> Cc: Kent Mattson <k.mattson@oemlaw.com>; kmcdonald@ci.new-hooe.mn.us; Weber Bernie <bweber@ci.new- hooe.mn.us> Subject: RE: WH and City of New Hope Kent and Alisha —attached is the termination agreement for WH Maintenance Services signed by our city manager. This is in follow up to your recent e-mail attaching the signed agreement by WH Services. Steve Sondrall, New Hope city Attorney Steven A. Sondrall 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Voice (763) 424-8811 Direct (763) 201-0211 Fax(763)493-5193 sas(@isi)wlaw.com APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, From: Alisha Helgeson [mailto•a helgeson(aloemlaw com] Sent: Monday, May 15, 2017 11:15 AM To: Steven Sondrall Cc: Kent Mattson Subject: RE: WH and City of New Hope Attaches is the updated Termination Agreement signed by our client. From: Kent Mattson Sent: Monday, May 15, 2017 9:24 AM To: SAS@ispwlaw.com Cc: Alisha Helgeson <a.helaeson@pemlaw.com> Subject: WH and City of New Hope Steve Per our call, we will update the Termination Agreement, attach the exhibit and I will forward the document to you signed by my client. You can then collect a City signature and we can close this out. Call or email with questions. Kent. Kent D. Mattson, Attorney Pemberton, Sorlie, Rufer & Kershner, PLLP 110 North Mill Street, Fergus Falls, MN 56537 Phone: 218-736-5493, ext. 118 Direct: 218-998-9413 Fax: 218-736-3950 k.mattson@pemlaw.com "Attorney Client Privileged Document" Your agreement to accept e-mail communications constitutes your consent to the use of electronic communications and the risks thereof. This e-mail and any attachments are confidential and are intended solely for the individual or entity to which they are addressed. If you receive this e-mail in error, destroy it immediately. MAINTENANCE SERVICES TERMINATION THIS MAINTENANCE SERVICES TERMINATION (this "Termination") is made as of May 15, 2017, by and between WH Services ("Contractor") and the City of New Hope ("City"). Contractor and City are sometimes each referred to as a "Party" and collectively as the "Parties" herein. RECITALS A. Contractor and City entered into a Contract for 2015 City Center Streetscape Enhancement LED Project (New Hope Project Number 944) dated April 15, 2015 (the "Contract') which was based, in part, upon a proposal letter from Contractor dated April 9, 2015 (the "Contractor Letter"). A copy of the Contractor Letter is attached hereto as Exhibit A collectively. B. The Contract, which was based upon the Contractor Letter from WH, related to certain lighting installations. The Contractor Letter, in part, also proposed a potential maintenance, repair, replacement, and other services arrangement which would commence post completion of the Contract project and on expiration of any warranty, and the Contractor Letter referred to a proposed 15 -year "Maintenance Contract". C. Contractor is winding -up its business operations, and desires to secure a confirmation from City that any maintenance, repair, replacement or other maintenance services specified in the Contractor Letter (the "Maintenance Services") were not consummated by the parties, and in any event, are terminated and released by mutual agreement. D. The Parties desire to document their agreement, and release each other from any further performance relative to Maintenance Services. AGREEMENT In consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated into and made a substantive part of this Termination. 2. Termination. The Maintenance Services, and applicable provisions of the Contractor Letter including any proposed Maintenance Contract, as they pertain to the Maintenance Services, have not been entered into between the parties, and in all events shall be 1 deemed, by mutual written agreement of the Parties, to be terminated and released, null and void, and of no further force or effect. 3. Effect of Termination. Each of the Parties shall not be required to make any payments or performance under the Contract or Contractor Letter as they pertain to Maintenance Services and each Party is released by the other Party from all contractual requirements as they pertain to the Maintenance Services. Provided, any warranties under the Contract remain unaffected by this Termination. 4. Successors and Assigns. This Termination shall inure to the benefit of and be binding on the Parties and their respective legal representatives, successors, and assigns. 5. Entire Agreement. This Termination sets forth the entire agreement between the Parties with respect to the termination of the Maintenance Services, and no subsequent agreement, amendment, change or addition to this Termination shall be binding on any Party unless reduced to writing and signed by the Parties. 6. Severability. If any provision in this Termination is deemed invalid, then the remaining provisions will continue in full force and effect and will be construed as if the invalid provision had not been a part of this Termination. 7. Counterparts; Electronic Signatures. This Termination may be executed in one or more counterparts, which when combined shall have the same force and effect as an original containing the signatures of all Parties. This Termination may be signed and delivered by facsimile transmittal or other electronic communication of a signed document. Facsimile or electronic copies shall be enforceable. 8. Authority. Each person signing this Termination on behalf of a limited liability company, corporation, municipal entity, or other legal entity, represents and warrants that he or she has all requisite right, power, and authority to do so and to bind such Party or entity to each and all of the terms hereof. [Remainder of page intentionally left blank. Signature page follows.] 2 [Signature Page to Maintenance Services Termination] Dated this day of�� (A.� __, 2017. CONTRACTOR: WH Services Dated this day of 2017. By: UV. ,1 lL Name: 'jJ10hG�E. t IL Title: CITY: City of New Hope By: Name: Title: [Signature Page to Maintenance Services Termination] Dated this day of 2017• CONTRACTOR: WH Services By: Name: Title: Ai q� Dated this / r day of !V J, 2017. CITY: City of New Hope By: Nam( Title: EXHIBIT A CONTRACTOR LETTER [See Attached] A-1 WASERVICES WFtsem.isa ovmj :wtmd�yarwv&-H MRM Coopmtioe EkUticAuod aa+, pmdfidM> B'" Qt&A.L�,rL.p Aww"MN April 9th, 2015 Mr. Bob Paschke Director of Public Works , Qm%MN, v e°" City of New Hope, MN 55428 W A4N Re: Proposal for the design -build of proposed 2015 New Hope City Center Streetscape Enhancement project ° TmnthyL Young A�daF IdN Dear Mr. Paschke: . awOiLq. cmdm�La. nr.tinv •Ea WH Services is pleased to present this proposal to provide the layout, Ab,,S HaadLsd� AfMN installation and maintenance of an LED Street lighting system for the City Center Streetscape Enhancement project. P MN City of New Hope's Scone of work •Do ALm,, AW Gm� MV In order to complete our scope of work we will need the City to provide 'a3a}ndw:, the following: 1. Provide a designated project contact person. B Q0 2. Provide answers to specific project questions, provide requested °Made F. vcgq A=wA*MN information and make decisions regarding lighting types, and pole spacing. 3. Provide time frames and completion dates. WH Services Scope of Work The proposed LED lighting system includes a total of 26 light (including one (1) twin fixture) and 25 pole assemblies (poles, concrete bases, mast arms and fixtures, one (1) service cabinet and all required wiring, conduit and junction structures. Attached is a layout showing proposed locations of pole assemblies. The service cabinet location to be determined at a later date. The pole assembly types as follows: L Twenty five (25) stand-alone street light assemblies 2. One (1) single pole with twin fixture Detailed information for the proposed pole assemblies and service cabinet is enclosed. Also enclosed is a lighting layout showing the 6800 E]ectrk DM • PA. Box 330 - Rod66rd MN 55373-0330• wwm.whe.org Metro (763) 477-3000 • TOR-Fme (sub) 943-2667. Fa (763) 477-3054 WAS VICES WH Sul islub yorvmd .ubs dwy of Wh&44==p, soafma. • Chas A ImUC. chair Am=" MN • ibn B. blak V= Omic M*h Gmu, MN • Dak F.J,m, Sc-w7-Tk bg6b,MN • 7Lmdq L Young, A..4, MN • BuwhL I;mmrel,e, moohl q MN • Bm R Hots* H"Wilafi, MN xemem J. HwbeA Phi, MN • Domld A Lxas, AW Gmr, MN • Hd J. Hem, Cmm&MN approximate spacing between the poles. The following information summarizes the design details of the proposed pole assemblies. Proposed LED Lighting system components Stand Alone Street Light Assemblies- • 16' Holophone SiteLink poles CHA 16 L5J 16 P07 ABG BK Charleston Aluminum pole, 16 feet, L51 5itelink 5.25 inch fluted, .25 wall, 16 inch Round base, 3X3 Tenon, anchor bolts, galvanized steel, powder coat paint finish bronze, weather proof receptacle and banner arms. o Granville Premier It LED -Fixtures - (GPD) Granville & 174; II LED (GVD), 80W 400ma driver, 4000series CCT, auto sensing voltage (120-277), modern style -swing open design, bronze, asymmetric Type 111, ribs and bands painted cast aluminum, full cover. 0 24x72" concrete anchor bases H2& F. v All street light bases shall be 24"x6'concrete units installed 4' back of Aw.,d*MN curb to the front of pole base. Bases located in boulevard areas shall be installed so the elevation of the top of the base is 2 -inches above the top Of the adjacent curb. Bases located in green spaces shall be installed so the elevation of the top of the base matches the existing ground elevation All poles fixtures and mast arms shall be painted with high quality polyester powder coating following manufacturer's recommendation for application. The color shall be determined at a later date before ordering Aluminum conductors will be used and properly sized to maintain voltage for the requirements of the fixtures. All wiring shall be placed in 2"and 3" non-metallic conduit. Conduit shall be installed by trenching and/or boring methods in conjunction with road project. Conduit, wire and junction structures shall be installed 4 -feet behind curb. Conflicts with existing utilities may require some offset, which must be approved by the City. 6800 Electric Drive • P.O. Box 330 • Rockford MN 55373-0330 • www.whe.org Metro (763) 477-3000 • Toll -Free (800) 943-2667 • Fax V63) 477-3054 WASERMES WH Smiw k a wh* named aubodayotWegkr-lim pm Co°P—Igmdcc Awxwwa. Backford Mnmaom. BowdOivdm ofisA.r chak T'he service cabinet shall be made of stainless steel and meet the A".dA MN specifications and dimensions shown on enclosed detail plate. Stainless B.vas steel shall be properly prepared for adhesion and the paint shall be high C,.4 quality urethane applied per manufacturer's recommendations. The • service cabinet will be mounted on a 3'x2'x 18" concrete pad. The color � B46F.JsngSmcutr-Tmm¢r awgAOd of the paint shall be forest , P green; Service cabinet shall be installed on the City's right-of-way a safe distance from vehicle traffic yet where they are ,''MN easily accessible for maintenance and repairs. Shop drawings and redline as- built drawing will be provided. •aad,w Imdeafeka, AfNAA MN WH Services will be responsible for obtaining a right -of way permit from Bum= PL Lra.mntr�AIN the Cit of New Hoe prior to beginning work within the City's right of Y P P � g� g way. ROW fees will be waived by the City for this project Fye Air One spare pole, mast arm, and fighting fixture of each type shall be Domld~L=k M*kC'MV provided to the City at the end of the project to allow for a 72 hour replacement of any assembly that is knocked down. The City will store • Bd& J. H6m, cxangmv the spare parts, and WH Services will be responsible for replacing at our cost any spare parts used to repair the knock down assembly. The costs P, °M0 for the parts must be accounted for in the estimated construction costs. • Mack F. Vag, A` wkk,d°'7 A 15 year maintenance proposal covering all aspects of physical damage shall be provided. The maintenance contract will begin after the 1 year construction warranty expires (in which all parts and labor are the sole responsibility of WH Services with the exception of Acts of God and accidents).The maintenance contract shall include an opt out clause allowing the City to cancel its obligation upon one (6) month advanced written notice. Schedule Following authorization from the City, WH Services can order materials; the estimated delivery time of poles and fixtures is 6- 8 weeks. Installation of conduit, wiring and anchors can be coordinated with road project prior to receiving the poles and fixtures. The installation time and dates of the poles and fixtures will be determined at a later date. 68W Bectric Drive • P.O. Box 330 • Roddcrd MN 55373-0330 • www.whe org Metro (763) 477-3000 • ToB.Free (800) 943-2667 • Fax (763) 477-3054 WASERMES WH savien a a Vb* owned AwdWw, BnddnrA hrm enwd0hubm •ChdsA.S.ww.(hah Aavm" MN •]iw B. Mads, v=Chi, M*k Cwwr, MN • nate F Jw, sir-T� Blab, MN • 7kaothr L Yong, Aad MN •BSA rmdmWw, Mm k%6 MN • Burt=K Hcncb� H--dL-%MN >cmne&J.I& PhMV4 MN Mqd Gm MN HdakJ. Heinz, COMM MN Prnw c&Cpa • Mad; F. vcgs Aw=" MN Cost Estimate The estimated costs to complete the scope of work referenced in this letter is $255.027.00 WH services will require progress payments for labor and materials upon delivery of materials and percentage of work completed and approved by the City. A 15 year maintenance contract referenced in the scope of work has also been attached to this tetter. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need any additional information. SHISCW1 • ilip J e Service Manager WH Services 6800 Electric Drive • P.O. Boz 330 • Rockford MN 55373-0330 • www,whe org Metro (763) 477-30o0 • Toitfree (800) 443-2667 • Fax (763) 477-3054 Request for Action Agenda Section Consent December 11, 2017 Approved by: Kirk McDonald, City Manager Item Number Originating Department: Community Development 6.7 By: Jeff Sargent, Director Agenda Title Motion approving the final pay request for Artistic Stone and Concrete contract for public improvement project No. 944 - Xylon Avenue N. (City Center infrastructure improvements) Requested Action Staff requests the City Council approve a motion, approving the final payment to Artistic Stone and Concrete in the amount of $6,053.04. The final payment will includes a deduction in payment for a fiber conduit repair of $686.56, and a deduction for liquidated damages of $24,500 for not completing the work by the revised substantial completion date. Policy/Past Practice It is the practice of the city to require the approval of motions authorizing the final payment for contracted services employed by the city. Background Artistic Stone and Concrete secured the bid for the construction of the vertical elements along the Xylon Avenue streetscape improvement project. Some of these elements included the electronic reader board sign, the colonnade, the pergolas and the blade signs placed intermittently along the Xylon Avenue corridor. The Original Contract Amount as indicated on the Contractor's Request for Payment was $1,144,630.50. The original contract was amended to include three change orders approved by the City Council totaling $36,602.50. This increased the contract amount to $1,150,232.70. During construction, it was determined that additional quantities of materials would be needed. Due to additional electrical and fiber material quantities required to complete the vertical element installations, the final construction amount was increased to $1,161,710.50. Given pay requests that were already granted, and deducting $686.56 for a fiber conduit repair and $24,500 in liquidated damages for failure to complete the project by the revised substantial completion date, the total amount owed to the contractor as a final payment is $6,053.04. Please refer to the Stantec memo and supporting information on details regarding the final pay request, and please refer to the March 20, 2017 Request for Action (RFA) and supporting minutes from the March 20, 2017 work session meeting where discussion was held regarding the liquidated damages. Recommendation Staff recommends approval of the motion. Attachments • Stantec Memo • Contractor's Request for Final Payment • March 20, 2017 RFA • March 20, 2017 work session minutes I:\RFA\COMM DEV\ Development\ Artistic Stone Final Payment 12-11-17\Q -Approve Artistic Stone Final Payment 12-11-17.ciocx Stantec consulting services Inc 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Stantec Fax: 16511636-1311 December 4, 2017 File: 193803185 Attention: Jeff Sargent, Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting Improvements - Final Payment City Project No.: 944 Dear Jeff, Enclosed find the final pay request and the IC -134 forms for Xylon Avenue Streetscaping Vertical Element and Lighting Improvements project. The contractor, Artistic Stone and Concrete, has completed the work in accordance with the contract plans and specifications; therefore, it is recommended that final payment of $6,053.04 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 $1,144,630.50. The contract was amended to include three change orders, resulting in a Revised Contract Amount of $1,150,232.70 as shown in the table below: Contract Summary Table Original Contract Amount $1,114,630.50 Total Change Orders (1,2,3) $35,602.20 Revised Contract Amount $1,150,232.70 The Final Construction Amount is $1,161,710.50. Due to additional electrical and fiber material quantities required to complete vertical element installation, the Final Construction Amount is over the Revised Contract Amount of $1,150,232.70. Although, the final payment includes a deduction in payment for a fiber conduit repair ($686.56), and for liquidated damages ($24,500) for not completing the Work by the revised substantial completion date. The table on the following page provides the details of the final payment summary. Design with community in mind (3 December 4, 2017 Mr. Jeff Sargent Page 2 of 2 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting Improvements - Final Payment Final Payment Summary Table Final Construction Amount $1,161,710.50 Less Fiber Conduit Repair $686.56 Less Liquidated Damages $24,500.00 Less Amount Paid Previously $1,130,470.90 Total Amount Due for Final Payment $6,053.04 Total Project Payment to Contractor 1 $1,136,523.94 As shown above, the total project payment provided to the contractor is $1,136,523.94, which is $13,708.76 less than the Revised Contract Amount of $1,150,232.70. If you have any questions or require further information, please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Attachments: Final Pay Request & IC -134's c. Kirk McDonald, Valerie Leone - New Hope; Adam Martinson, Kellie Schlegel, Ann Dienhart, Jacob Burgstahler- Stantec. Design with community in mind Stantec uC�RT"M A Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: November 6, 2017 For Period: 1/31/2017 to 11 /6/2017 Request No: 7/FINAL Contractor: Artistic Stone and Concrete, 815 E. Co. Rd, 75, P. O. Box 250, St. Joseph, MN 56374 CONTRACTOR'S REQUEST FOR PAYMENT XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 CITY PROJECT NO. 944 1 Original Contract Amount $ 1,114,630.50 2 Change Order - Addition $ 35,602.20 3 Change Order - Deduction $ 0.00 4 Revised Contract Amount $ 1,150,232.70 5 Value Completed to Date $ 1,161,710.50 6 Material on Hand $ 0.00 7 Amount Earned $ 1,161,710.50 8 Less Retainage $ 0.00 9 Subtotal $ 1,161,710.50 10 Less Amount Paid Previously $ 1,130,470.90 11 Parsons Invoice No. 610903 - Fiber Conduit Repair Deduct $ 686.56 12 May 3 to June 20, 2016 - Liquidated Damages - 49 days @ $500 per day $ 24,500.00 13 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 7/FINAL $ 6,053.04 Recommended for Approval by: STANTEC y G� Approved by Contractor: ARTISTIC STONE AND CONCRETE Air or Specified Contract Completion Date: 193803185RE07FI NAL.Asm Approved by Owner: CITY OF NE HOPE Date: No. Item BASE BID: 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BANNER COLUMN 4 GATEWAY ENTRY SIGN W/ READER BOARD 5 GATEWAY COLONNADE 6 CIVIC EVENT PERGOLA 7 ORNAMENTAL FENCE 8 FENCING PILASTER 9 ILLUMINATED BOLLARD 10 LIGHT BASE DESIGN E MODIFIED 11 SERVICE CABINET SECONDARY TYPE LI MODIFIED 12 EQUIPMENT PAD B MODIFIED 13 DIRECT BURIAL RECEPTACLE POST 14 TREE GRATE RECEPTACLE 15 RECEPTACLE PEDESTAL 16 ELECTRICAL CONDUIT SYSTEM 17 ELECTRICAL WIRING SYSTEM 18 FIBER OPTIC CABLE TOTAL BASE BID: Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 31478.00 LS 1 3272.00 EA 6 16645.00 EA 1 103726.00 EA 1 89841.00 EA 3 64102.00 LF 225 166.00 EA 18 2285.00 EA 11 5355.00 EA 11 1785.00 EA 1 21816.00 EA 1 1091.00 EA 31 1309.00 EA 22 1091.00 EA 4 1091.00 LS 1 10908.00 LS 1 327240.00 LF 650 10.95 CHANGE ORDER NO. 1 1 FIBER REPLACEMENT FROM FIRE STATION TO CITY HALL LS 1 11816.00 TOTAL CHANGE ORDER NO, 1 CHANGE ORDER NO. 2 1 VERTICAL ELEMENT PRECAST DESIGN ALTERATION FOR UPLIGHTING (CIVIC EVENT PERGOLA, BANNER COLUMN, AND GATEWAY COLONNADE STRUCTURES) LS 1 4736.00 TOTAL CHANGE ORDER NO. 2 CHANGE ORDER NO. 3 1 EXCAVATION AND REMOVAL OF CONCRETE RUBBLE 2 HAULING EXCESS MATERIAL FROM 42ND/XYLON 3 EXCAVATION OF EXCESS MATERIAL DUE TO POOR SOIL CONDITIONS 4 ADDITIONAL IMPORTED FILL MATERIAL DUE TO POOR SOIL CONDITIONS 5 HAND DIGGING PRIVATE UTILITIES TOTAL CHANGE ORDER NO.3 TOTAL BASE BID: TOTAL CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO.2 TOTAL CHANGE ORDER NO.3 TOTAL WORK COMPLETED TO DATE 193803185REQ7FINAL, xlsm LS 1 2200.00 LS 1 1850.00 YD 190 15.00 TON 180 30.00 EA 10 675.00 1 $31,478.00 1 $3,272.00 6 $99,870.00 1 $103,726.00 1 $89,841.00 3 $192,306.00 225 $37,350.00 18 $41,130.00 11 $58,905.00 11 $19,635.00 1 $21,816.00 1 $1,091.00 31 $40,579.00 22.39 $24,427.49 4 $4,364.00 1.181 $12,882.35 0.00169 1.01429 $331,916.26 1052 $11,519.40 $1,126,108.50 1 $11,816.00 $11,816.00 1 $4,736.00 $4,736.00 $2,200.00 $1,850.00 190 $2,850.00 180 $5,400.00 10.00 $6,750.00 $19,050.00 $1,126,108.50 $11,816.00 $4,736.00 $19,050.00 $1,161,710.50 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO, 944 STANTEC PROJECT NO. 193803185 CONTRACTOR ARTISTIC STONE AND CONCRETE CHANGE ORDERS No. Date Description Amount 1 12/3/2015 This Change Order provides for adjustments to this $11,816.20 9,892.11 197,842.10 project. See Change Order. 09/11/2015 2 12/8/2015 This Change Order provides for adjustments to this $4,736.00 3 12/10/2015 project. See Change Order. 115,588.62 3 12/8/2015 This Change Order provides for adjustments to this $19,050.00 05/12/2016 175,608.29 project. See Change Order. 829,543.29 Total Change Orders $35,602.20 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 08/01/2015 09/10/2015 187,950.00 9,892.11 197,842.10 2 09/11/2015 12/09/2015 308,232.65 26,151.01 523,020.22 3 12/10/2015 03/25/2016 115,588.62 32,234.62 644,692.45 4 03/26/2016 05/12/2016 175,608.29 41,477.16 829,543.29 5 05/13/2016 08/17/2016 315,033.47 58,057.87 1,161,157.46 6 08/18/2016 01/30/2017 28,057.87 30,000.00 1,161,157.46 7/FINAL 1 01/31/2017 11/06/2017 6,053.04 1,161,710.50 Material on Hand Total Payment to Date $1,136,523.94 Original Contract $1,114,630.50 Retainage Pay No. 7/FINAL Deduct for Invoice $686.56 Change Orders $19,050.00 Deduct for Liquidated Damages $24,500.00 Change Orders $35,602.20 Total Amount Earned $1,161,710.50 Revised Contract $1,169,282.70 193803185REQ7FINAL.xlsm Request for Action March 20, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Section Work Session Item Number 11.3 Agenda Title Discuss potential liquidated damages against Artistic Stone & Concrete in conjunction with the Xylon Avenue Streetscape (improvement project no. 944) Requested Action Staff would like to discuss the assessment of liquidated damages against Artistic Stone & Concrete for failure to comply with the construction contract by not finishing the project in a timely manner. It should be noted that a representative from Artistic Stone & Concrete will most likely be in attendance. Policy/Past Practice It is a practice of staff to discuss liquidated damages against a contractor prior to assessment. Background On June 8, 2015, the City Council accepted the low bid from Artistic Stone & Concrete for the construction of vertical elements and lighting/electrical improvements for the Xylon Avenue streetscape improvement project at the bid price of $1,114,630.50. Artistic Stone was responsible for the installation of the vertical elements, i.e. the banner columns, the colonnade entry sign, the digital electronic reader board sign, the pergolas and the ornamental fence, along with all lighting and electrical elements associated with these structures. On December 14, 2015, the City Council approved three change orders in conjunction with the project. As a part of Change Order 2, the contractor requested a change in the substantial completion date for the work contracted for. The original substantial completion date was October 30, 2015. Due to delays in the overall project not caused by Artistic Stone & Concrete, they were unable to achieve their preliminary timeline for completion of October 30. The request was for a new substantial completion date of May 2, 2016, which was approved. Liquidated Damages Artistic Stone & Concrete substantially completed the project on June 20, 2016, which was 49 days past the agreed-upon substantial completion date of May 2, 2016. The construction contract states that the city may impose a fine of $500.00 per day for each day past the substantial completion day, if warranted. Given those numbers, the liquidated damage amount would be $24,500.00. In this case, the liquidated damages are warranted, due to the extra time spent by Stantec employees monitoring construction and inspecting the work completed throughout the 49 days. It should be noted that Artistic Stone & Concrete is still not 100% completed with the project, as they still have punch list items to complete, including: repair of three lights within the entrance sign colonnade, repair of damaged electrical receptacles and other minor items. Artistic Stone & Concrete stated that since they were the ones that chose the substantial completion date, which they felt was an arbitrary date, they should not be held to that date. Staff explained that when the date was I:\RFA\COMM DEV\Development\ WS -Discuss LDs for Artistic Stone 3-20-17.docx Request for Action, Page 2 chosen it was then approved by City Council and memorialized in a resolution. Artistic Stone & Concrete also argued that they had to reorder banner column precast pieces in May due to a misunderstanding of the plans and inaccurate shop drawings produced. Staff feels that this delay was not caused by any city action and that it was a function of the contractor realizing an error in the product too late. Recommendation Staff recommends that the City Council agree to impose the liquidated damages in the amount of $24,500.00. If agreed upon, staff will take the final pay request by the contractor to an upcoming City Council meeting for approval. The $24,500.00 fine will be taken from the final amount owed to the contractor. Attachments • December 14, 2015 City Council RFA re: Change Order Request • Construction Change Order No. 2 Mr. McDonald stated the cities are adopting a three -city cooperative resolution that outlines the importance of working together for flood mitigation measures and to seek additional outside funding sources to implement storm water improvements. Council supported the resolution and directed staff to place it on a future agenda for adoption. IMP. PROJECT 944 1 Mayor Hemken introduced for discussion item 11.3, Discuss potential liquidated Item 11.3/// damages against Artistic Stone & Concrete in conjunction with the Xylon Avenue Streetscape (improvement project no. 944). Mr. Jeff Sargent, community development director, stated in 2015 the city entered into a contract with Artistic Stone & Concrete for $1,114,630.50 for construction of vertical elements and lighting/electrical improvements for the Xylon Avenue streetscape improvement project. He explained the original substantial completion date was October 30, 2015, and a change order changed this to May 2, 2016. He reported the project was substantially completed on June 20, 2016, which was 49 days past the agreed-upon completion date, and liquidated damages of $500/day is $24,500. Mr. Chris Long, city engineer, stated the city was not made aware of the delay due to the contractor's inability to get pre -cast materials from the subcontractor. He stated the plans were redesigned because the contractor felt the design was too thin and could potentially crack. Mr. Bill Zebro, project manager of Artistic Stone & Concrete, was recognized. He explained he does not believe liquidated damages should be charged for several reasons. He stated the shop drawings were inaccurate, the pre -cast columns were made wrong, and it required 30 days to redesign and ship new columns. He pointed out they did not charge the city for the time and effort to redesign the plans. He stated they were cooperating and trying to complete the project timely. Mr. Long stated the city has not approved the final pay request. Mr. McDonald stated the city is pleased with the end product, and staff and the contractor have had candid discussions regarding the issue of liquidated damages. He stated Council is being involved to determine if there is any room for compromise. Council Member London noted contractors have a responsibility of holding their subcontractors to timelines as well. Mr. Sargent stated staff recommends assessing the full $24,500 for liquidated damages based on the fact that the city incurred additional costs for project oversight. Council concurred with staff's recommendation. CIP — PARKS AND Mayor Hemken introduced for discussion item 11.4, Discussion regarding the city's RECREATION AND capital improvement program (CIP) for parks and recreation and public works PUBLIC WORKS departments for 2016-2020. Item 11.4 City Council Work Session March 20, 2017 Page 3 Jul 22.16 05:57p Moister Plasha Excavation 7634343833 P.1 MINNESOTA• REVENUE Contractor Affidavit IC134 This Contractor Affidavit must be certified by the Minnesota Department of Revenue before the state of Minnesota or any of its subdivislons can make final payment to contractors. For more detailed information, seethe instructions on the back of this form. Please type or print clearly. This Information will be used for returning the comploted form. Company name v ` ` " ` "` — —'Daytimtax e phone Minnesota to number Meister-Plasha Excavation i 763 434 9026 5536388 address '@ralconuaciamount MgndyyearrgtH began �" 541 Andover Blvd. N.W. ( $43847.15 06/23/2015 GtVSfeta PCDtla ' NnWn— istlte d.V6j6eaY Wolk.' cd Andover_ _ _ _ — Mn. 55304 _ �' $ 2192.36 09/20/2015 Pr.ject 'umbel Project l¢petian e 0 5-507000 Rockford Road and Xylon Ave. N. m. A Prq¢ggvner ndaress Gly State 21Pccd[ o City of New Hope 4401 Xylon Ave. N. New Hope MN 55428-4-W 65 Did yvu have employaea work w this prajact? © Yes 0 No. Ifne. Who did thu work? Check the box that describes your involvement In the project and fid in all Information requested. ❑ Sole contractor Subcontractor Noma of epanaMrwhp aired you �- r W. Gohman Constructions Address — P O Box 250 St Joseph, Mn. 56374-0250 run ❑ Prime cordractor—If you subcontracted out any work on this project, all of your subcontractors must submit their own Contractor Z, Affidavits and have them certified by the Department of Revenue before you can subm tyour Contractor Affidavit. For each `e subcontractoryou had, fill in the information below and attach a copy of each subcontractor's certirfled Contractor Affidavit. If you need more space, attach a separate sheet C ausmes nnamo Addre95 Desna/effica --" O V i declare that an fnformatian i nave ailed in on tots fan is true and comp7ere to the best ofmyhnowledge, and beset /authorize the Department of Revenue to m.- WscrosepeRinent/ofomraflon mrstingtc this project inNudingaandingmplesoffors form,fethe prmecontracta iflamasabcontrecro,and toany subcon- x UDMIS if I am a prime contractor, and to the contracUngagency. M" - fbnt"=, . atgnaw, `h Title Dale President _ 07/21/2016 Mailto: Minnesota { enue, Mail Station 6610, St. Paul, MN 55146-6610 Phone: 651-282-9999 or 1-804657-3594 (TTY: Call 711 for Minnesota Relay). Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractorwho has signed this Contractor Affidavit has fulfilled all the requirementsof Minnesota Statutes 290.92and 270C.66 concerning the withholding of Minnesota Income tax from wages paid to employees relatingto contract services with the state of Minnesota and/of Is subdivisions. Daparonenrar Rwa'Wappnwal r W Dare //' Page 1 of 1 MINNESOTA• REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 1-960-894-016 27 -Sep -2016 11:06:18 AM W GOHMAN CONST CO 41-1293367 Wgohman Contractor Affidavit 291946496 5086391 CIN OF NEW HOPE 50700 08 -Jun -2015 27 -Sep -2016 NEW HOPE XYLON AVENUE N STREETSCAPING, NEW HOPE, MN $1,161,157.46 Name ID Affidavit Number GENERAL RAILROAD SPECIALISTS INC 5536388 2118598656 CENTURY FENCE COMPANY 8678834 596951040 ESS BROTHERS 8 SONS INC 8205836 2050932736 WALKER SIGN HOLDINGS INC 2815548 2098708480 KILLMER ELECTRIC CO INC 6718331 1174937600 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax®stale.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this oaae for your records using the print or save functionality built into your browser. https://www.mndor. state.mn.usltpleservices/_/Retrieve/0/c-IJ9fdBTOgXG l OAtE_N_kPHQ... 9/27/2016 MN e -Services Page 1 of 1 Contractor Affidavit Submitted Enter lnfigmuclon Ret Nand submit Complete Minnesota tO: 5536308 Pro(ed Dena, Thane you. roar Coniraalw Afldavl hes been approved Pro7ed Number. 5.60700O Projed Begin Date: Confirmation Summary Proled End Date: 2045eP-2016 Proles Locegon: ROCKFORD ROAD AND XYLON AVE N. Confirmation Number. 1-053-ST4.9" subconbadoB: Na SuboanbadaB Submitted Date and tune: 22,1.2MlG 1230:18PM tW� Lagal Name: GENERAL RAILROAD SPECIALISTS INC t' Fetlerel Employer ID: 41-1343627 \ 'Mu,' vAt "5 1`- Q,qa Y ` g i "-" -'� User Vfio Submitted OM"P Type or Rowed Submitted. CoMBdor Affidavl Affidavit Summary Affidavit Number: 21105986sa Minnesota tO: 5536308 Pro(ed Dena, CITYOFNEWHOPE Pro7ed Number. 5.60700O Projed Begin Date: 23-Jut,2O15 Proled End Date: 2045eP-2016 Proles Locegon: ROCKFORD ROAD AND XYLON AVE N. Project Amounih $43,047.15 subconbadoB: Na SuboanbadaB Important Messages A copy dNis page must Its provided to the wnbasw or government agency that h' ed you Contact Us If you r%etltudhar ssoistwW. cwaact" WifgwMing Tax Division at Gut -282-9300, 5oll9ree) SDU5741594, w (email) wllha'dirtg,Wx+�stala nmus. Busmess hoursaru 8:00 a.m. -4:30 p.m. Monday-FfMay How to View and Print this Request You can see copies of your muests by going to Uro IfistoryTab, or by clicking the link below. To Pdnt or emal a copy of this confirmation page. old, one of the budons below. Cork here tnR9J2 the FuSlnry Tih P4mer Friendly Emel Me _Goss Contac[Us About Va Taxpayer R:ghts 011ier Language Pnvacy SSecmity Uaooflnformafar Lmt Poly Mmnoaotagoy Fraud Mort Ste Help Relalad Sttas Careers QI https://www,umdor.state.nm.us/tp/eservices/_/ 7/22/2016 9127/2016 htlps:IM".mndor.state.mn.ushpleswvlcesljRetrieve0IL5EPSBAWsRU1LTswVu6LrO_?FILE_ Print2 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor ARdavit has been approved Confirmation Summary Confirmation Number: 1-682-660-928 Submitted Date and Time: 27 -Sep -2016 9:56:07 AM Legal Name: CENTURY FENCE COMPANY Federal Employer ID: 39-0203700 User Who Submitted: CENTFENCE Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 596951040 Minnesota ID: 8678834 Project Owner CITY OFNEW HOPE Project Number: 5.507 Project Begin Dale: 23 -Jun -2015 Project End Date: 31 -Aug -2016 Project Location: NEW HOPE, MN ProjectAmount: $16,395.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us Iryou need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 am, - 4:30 p.m. Monday - Friday. Please grim mis trace for your records using the print or save functionality built Into your browser. hnps:flWww.mndor.state.mn.usltpreservlces/jRelrieveoO iL5EPSBAWSRUtLTswVu6Lra_9FILE=Prin12 try Page I of I MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 1-782-340-160 Submitted Date and Time: 28 -Jun -2016 7:40:58 AM Legal Name: ESS BROTHERS & SONS INC Federal Employer ID: 41-0637715 User Who Submitted, Itelroy Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 2050932736 Minnesota ID: 8205636 Project Owner: CITY OF NEW HOPE Project Number: XYLON AVE STREET SCAPE Project Begin Dale: 14 -Mar -2016 Project End Dale: 19 -May -2016 Project Location: XYLON AVE N., NEW HOPE MN Project Amount: $152,187.43 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) wlthhoiding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p,m. Monday - Friday. Please Print this one for your records using the print or save functionality built into your browser. https://www.mndor.state.mn.usltpleservices/_/Retrieve/0/c-lw4dw9dYDwT8n A34WcRx,.. 6/28/2016 717/2016 hltps:ftwww.mndor.state.mnusftploservicesl /Retrievel0/c-(2011r56YnN8uP9MDnjcZ0_?FILE_=Print2 MINNESOTA- REVENUE Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-467-963-968 7 -Jul -2016 9:48:52 AM WALKER SIGN HOLDINGS INC 46-1561502 2712Walker Contractor Affidavit 2098708480 2815548 CIN OF NEW HOPE 5-507 13 -Jul -2015 23 -Jun -2016 XYLON AVE NORTH $144,193.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. 114 Contact Us If you need further assistance, contact our Withholding Tax Division at 651.282-9999, (toll-free) 800-657-3594, or (email) wllhholding,lax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday- Friday. Please nmiht& nr for your records using the print or save functionality built Into your browser. hltpsa/www.mndocstale.mn.uslVmervicesl lRetrievelOte-12fitr58YnN8uP9MDnjcZQ_?FILE= Print2 1!1 MINNESOTA• REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary https:/A%�vw.mndDr.state.inn.tis/tp/eset-vices/_!Retrieve/0/c-AiG VL... 1-473-763-904 6 -Jul -2016 3:13:40 PM KILLMER ELECTRIC CO INC 41-1250710 bfbakk Contractor Affidavit 1174937600 6718331 CITY OF NEW HOPE 944/50700 08 -Jul -2015 16 -Jun -2016 XYLON AVENUE NORTH STREETSCAPING $492,351.00 Name ID Affidavit Number COMLINK MIDWEST 9886412 1824899072 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please pript,thispage for your records using the print or save functionality built into your browser, I of 1 - 7/6/2016 3:14 PM Request for Action April 11, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Section Development & Planning Item Number 8.1 Agenda Title Resolution approving construction change order No. 1 for Geislinger & Sons, Inc. contract for public improvement Project No. 944 - Xylon Avenue N. (City Center infrastructure improvements). Requested Action Staff requests approval of the resolution approving the change order for Geislinger & Sons, Inc. to establish new substantial completions dates for the Xylon Avenue infrastructure improvements project. Policy/Past Practice It is a past practice for the City Council to require the approval of resolutions approving change orders for contracted services employed by the city. Background On April 27, 2015, the City Council approved a resolution awarding the contract for construction to Geislinger & Sons, Inc. for the Xylon Avenue infrastructure improvement project in the amount of $4,181,767. This bid included two alternates: one for the installation of retractable bollards in the street and a second for the complete reconstruction of Xylon Avenue between 45th and 46th avenues. The original contract with Geislinger & Sons, Inc. required that the substantial completion of the project would occur on October 16, 2015. Due to some construction and weather delays, the contractor was unable to meet this deadline. The City has imposed $70,000 in liquidated damages against the contractor for failure to complete the work by the time agreed upon in the original contract. The proposed change order establishes new substantial completion dates for completion of the project. All work along Xylon Avenue between 42nd and 46th avenues will be completed by May 27, 2016, and all work along 45th Avenue between Xylon and Winnetka avenues will be completed by June 17, 2016. This change order does not provide for additional compensation to the contractor, nor does it relinquish previously established liquidated damages. Pertaining to new liquidated damages, the proposed change order establishes that the contract shall pay $2,000.00 per day for each day that expires after the specified substantial completion dates. Recommendation Staff recommends that the Council approve the resolution approving the change order for Geislinger & Sons, Inc. Attachments • Resolution • Construction Change Order No. 1 • Stantec Memo I: \RFA\COMM DEV\Development\Q & R - Geislinger Change Order No. 14-27-16.docx RESOLUTION NO. 2016-65 RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR GEISLINGER & SONS, INC. CONTRACT FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center infrastructure improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the request for Change Order No. 1 from Geislinger & Sons, Inc. relating to the contract for Xylon Avenue North Infrastructure Improvements ("Geislinger Contract") to extend certain "milestone" dates; WHEREAS, Geislinger's Construction Change Order No. 1, prepared by the City Engineer is attached hereto as Exhibit "A" and requests that the following "Milestone Dates" be extended: Substantial completion of Xylon Avenue from Sta. 0+00 to 13+50: May 27, 2016 Substantial Completion for remaining work including alternates: June 17, 2016 Final Payment Completion: July 29, 2016 WHEREAS, the City finds that the Change Order No. 1, extending the Milestone Dates is reasonable and the City Engineer recommends these extensions; and WHEREAS, the City Council has considered this request for Change Order No. 1 to the Geislinger Contract relating to City Project No. 944 at its meeting of April 11, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Change Order No. 1 to the Gieslinger Contract is approved, but in all other respects the Contract shall remain in full force and effect according to its terms. Dated the 11th day of April, 2016. Kathi emken, Mayor Attest: Valerie Leone, Ci y Clerk \\jspserver\data\Attorney\SAS\l Client Files\2 City of New Hope\99-11383 City Center Infrastructure - Streetscape Improvements\aesolution approving Change Order I to Geislinger project - 4-5-16.docx 4' Stantec April 5, 2016 File: 193802810 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent, Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Ave. N. and 45th Ave. N. Infrastructure Improvements - Change Order No. 1 Dear Jeff: As requested, we have prepared Change Order No. 1 to extend the milestone completion dates for Geislinger and Sons. The new Substantial Completion date for all work on Xylon Ave from Sta. 0+00 to 13+50 will be May 27, 2016. The new Substantial Completion date for all work to be completed on the remainder of the project including the Alternates is June 17, 2016. Final Payment Request shall be prepared and completed by July 29, 2016. This Change Order does not provide for additional compensation to the Contractor for this change in dates. This Change Order does not relinquish previously established Liquidated Damages, which currently total $70,000. If Contractor shall neglect, refuse, or fail to complete the remaining work after each Substantial Completion Milestone and/or Final Payment Milestone specified above, Contractor shall pay Owner $2,000 for each day that expires after each Milestone date specified. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Attachments: Change Order No. 1 c. Aaron Chirpich, Jeff Alger- New Hope; Kellie Schlegel, Adam Martinson, Megan Albert, Jacob Burgstahler- Stantec. Design with community in mind April 14, 2016 Geislinger & Sons, Inc. 511 Central Ave. S. PO Box 437 Watkins, MN 55389 Subject: Change Order No. 1 for Project No. 944 At its meeting of April 11, 2016, the New Hope City Council authorized change order no. 1 for project 944 regarding a change in the completion dates. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Jeff Sargent, director of community development 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 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date March 10, 2016 Contractor: Geislin er & Sons, Inc. 511 Central Ave. S., PO Box 437 Watkins, MN 55389 Bond Company: The Guarantee Company of North America USA, One Towne Square, Suite 1470, Southfield MI 48076-3725 Bond No: 16120196 CONSTRUCTION CHANGE ORDER NO. 7 XYLON AVE N. & 45TH AVE N. INFRASTRUCTURE IMPROVEMENTS STANTEC PROJECT NO. 193802810 CITY PROJECT NO. 944 C'IT' Description of Wark This Change Order provides for the following Milestone date extensions. The new Substantial Completion date for all work on Xylon Ave from Sta. 0+00 to 13+50 will be May 27, 2016. The new Substantial Completion date for all work to be completed on the remainder of the project including the Alternates is June 17, 2016. Final Payment Request shall be prepared and completed by July 29th, 2016. This Change Order does not provide for additional compensation to the Contractor for this change in dates. This Change Order does not relinquish previously established Liquadated Damages. If Contractor shall neglect, refuse, or fail to complete the remaining work after each Substantial Completion Milestone and/or Final Payment Milestone specified above, Contractor shall pay Owner $2,000 for each day that expires after each Milestone date specified. Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Increase of this Change Order: Completion of Xylon Ave from Sta. 0+00 to 13+50 Substantial Completion for remaining work (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: GEISLINGER & SONS, INC. Date cc: Owner Contractor Bonding Company Stantec 19380318SCHOI xlsm $4,181,767.00 $0.00 $0.00 $4,181,767.00 May 27, 2016 June 17, 2016 July 29, 2016 Date: Approved by Owner: CliYbF IEYW HOPE Date �nH Request for Action July 25, 2016 Approved by: Kirk McDonald, City Manager Originating Department: Public Works By: Bob Paschke, Director Agenda Section Consent Item Number 6.6 Agenda Title Resolution accepting the street light portion of the 2015 City Center Streetscape Project and authorizing final payment of $8,312.35 to W/H Services (improvement project no. 944). Requested Action Staff is recommending Council pass a resolution to accept and make the final payment of $8,312.35 to W/H Services for the street lighting system installed for the City Center Streetscapes Project 944. Policy/Past Practice The City Council routinely considers public infrastructure improvement projects to improve the level of service to the community by using innovative and efficient technology systems. Background Council has shown an interest in an efficient technology for lighting. Several designs were researched for the best application in the City Center project. Staff was concerned with longevity and efficiencies of lighting systems regarding annual and future operational costs. The Light Emitting Diode (LED) systems that have been researched provide a 5.4 -year payback from High Pressure Sodium (HPS) systems. Current HPS systems have an operational cost 40% to 50% more than LED; also HPS has a limited 5 -year life with degrading lighting levels which require frequent service. Therefore, staff proposed to utilize a firm that designs, constructs and provides maintenance for the development of a project at hand as well the future needs of the city. Per Minn. Stat. §471.345, subd. 13, an open public hearing was held on April 13, 2015 for comments or questions regarding an energy efficient lighting contract between the city of New Hope and WH Services, who is a subsidiary of Wright -Hennepin Cooperative Electric Association. Also the same evening after the public hearing, council awarded a contract with WH Services, to furnish and install a decorative LED lighting system on Xylon and 45th avenue. WH Services has contracts in neighboring cities, including Golden Valley and staff has worked with WH Services in the past with very good results and service. The general purpose of the contract was for the design, installation and maintenance of the LED street lighting system in concurrence with the City Center Streetscape Enhancement Project No. 944. The contract included 26 in-service Holophane Granville Premier II LED light fixtures on Holophane Site Link pole assemblies (pole at fire station has two light fixtures), one service cabinet and all required labor, wiring, conduit, junction structures and pole bases to complete the system, as well one complete spare streetlight unit for inventory (27 total). l:\RFA\PUBW0RKS\20l6\944 Final 2015 Street lighting for Streetscapes project Staff identified lighting needs on 45th but omitted specific units from the project specification units until further development occurred. Later in the project staff discussed the issue further and it was agreed that there was the need for 3 additional lighting units. The city engineer requested a quote for the additional lighting. Staff then requested WH Services to proceed with the additional installations. The cost of the change order was $22,693.43. Funding Several funding options and tax impact scenarios were prepared by Ehlers and presented to the Council for the Xylon / 45th avenue and streetscape improvements. At the February 17 work session the Council supported the funding scenario by option four with the primary source of funding provided by new bond revenues of $4,912,000. Hy -Vee is contributing approximately $50,000 toward the street lighting of its frontage on the east side of Xylon Avenue Originally the street lighting budget estimate within the streetscape project was $320,000. The total cost fox the completed street light system was quoted at $255,027. Later an additional 3 lights on 45th avenue were requested by city staff for an additional cost of $22,693.43, for a project total of $277,720.43. Attachments • Resolution • Letter of request for change order (email from city engineer) • Location of additional Streetlights • Change order • Final Payment request City of New Hope Resolution 2016- 98 Resolution accepting the street light portion of the 2015 City Center Streetscape Project and authorizing final payment of $8,312.35 to W/H Services (improvement project no. 944). WHEREAS, the city entered into a contract with WH Services, a wholly owned subsidiary of Wright - Hennepin Cooperative Electric Association for the installation and maintenance of the 2015 City Center Streetscape Enhancement LED Light Project No. 944; and, WHEREAS, all materials have been supplied and all work has been satisfactorily completed and inspected by staff recommends that final payment be made to WH Services; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the project and approve final payment in the amount of $8,312.35 to WH Services; NOW, THEREFORE, BE IT RESOLVED, 1. That the City Council approves the change order, accepts the project and order the final payment of the contract with WH Services related to project No.944 2. That the city manager is hereby directed to authorize the final payment of $8,312.35 to WH Services. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 25th day of July, 2016. Attest: City Clerk Mayor Leone Valerie From: Paschke Bob Sent: Tuesday, July 19, 2016 11:31 AM To: Paschke Bob Subject: FW: 45th Avenue - Additional Street Lights Attachments: Street Light Add -45th Ave.pdf From: Long, Chris[mailto:Chris.Lona(astantec.com] Sent: Friday, November 13, 2015 3:50 PM To: Phil Glawe, Service Manager, Energy Services Cc: Nick Bischoff (nbischoffCadesignelect.com); Paschke Bob (bpaschkeCaci new -hope mn us); isargent(aci.new hope.mn.us; Albert, Megan; Martinson, Adam; Schlegel, Kellie Subject: 45th Avenue - Additional Street Lights Phil, The city has decided to install an additional 3 street lights on 45th Avenue (see attached). These were originally labeled as future street lights on the plans. Please provide the additional costs to install these 3 lights this year, as I understand it may be possible to install all lights yet this year. Please note the 3rd sheet shows installing the 2 east lights, north of 45th, to the north side of the sidewalk. The other future light shown on the south side of the road will be installed in the future to the south side of the walk. Feel free to give me a call with any questions. Thanks! Associate Stantec 2335 Highway 36 West St. Paul MN 55113-3819 Phone: (651) 604-4808 Cell: (651) 492-7747 Fax: (651) 363-1311 Chris. Long@stantec.com 4, Stantec The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Please corsider'he onvironmenl before priming this email, Tnisemail -nay contain information that is canfidential or anorney-client pdvlleged and may constitute inside information. The contents of this email are intended only for the recipien(s) listed above. If you are not the intended recipient, you are directed not to read, disclose, distribute or otherwise use this transmission. if you received this email in error, please notify the sender immediately and delete the transmission, Dellvery of the message is riot intended to waive any applicable priv+leges. ----- I Yu --------- _ = v. D, L m� Z w z L 9 2 _ 'p3 g5 99 sd e V v NEW HOPE, MINNESOTA �".r:;"aR�A. ® Stat'ltec ?$$ XYLON AVE N.&45TH AVE N. INFRASTRUCTURE IMPROVEMENTS CITY PROJFCI N0.9GC XPRVSCAPE PIAN-<SiH AVENVE NORlX SEELREf LLO] 9 s - o Z 3 N � D 1 r r .. r v � G _ m Z I _ 3 a s �a z � - a a r r _ n 47 _ ,. _$ `®z EIS -€ s NEW HOPE, MINNESOTA NE p o n ` C XYLON AVE N. & 45TH AVE N. INFRASTRUCTURE IMPROVEMENTS CRY PROJECT NO. 944 .�-� Z(��� p tl i' �V XAFD APEPIAN- 45THAVENUENORTH i O * rZOJ z—Z --� OF= 0Oy , Oro�.Ao => o ZmOm�Or 0Z m x T e � _ v WINNETKA AVE N Pi H D K p.ti _ p - m • O* r Z W Z z O HO mp ON Tl y (, K Or0`2m ;-I a` Q WINNETKA AVE N D m �j • O* r Z W Z z O HO mp ON (, Or0`2m ;-I _ F 4 n 0 r Z m ME L m I a � moo"�" Stantec - - 10MDEN R LON AVE N.&45tH AVE N. INFRASiR=URE IMPROVEMENR MPROJECT NO.9M s E Q WINNETKA AVE N NEW HOPE, MINNESOTA+::4"a moo"�" Stantec R LON AVE N.&45tH AVE N. INFRASiR=URE IMPROVEMENR MPROJECT NO.9M NAROSCAPE PWN-45TH AVENUE NORTH MSERVIC" E 5/12/2016 6800 Electric Drive Prepared by Phil Glawe Rockford, MN 55373 763-477-3096 800-943-2667 Change Order 2015 - City Center Streetscape Enhancement LED light project material & install pricing to add 3 LED lights to 45th Ave City of New Hope Contact 5500 International Parkway Bob Paschke New Hope, MN 55428 Director of Public Works Comments or special instructions: Per your request -pricing fora additional LED lights on 45th Ave QTY Description Unit Price Amount Material Pricing 15' Holophane Sitel-ink poles CHA 16 LSJ 16 P07 ABG BK Charleston Aluminum pole, 16', 3 U%Sitelink 5.25" fluted, .25 wall, 16" round base, 3x3 Tenon, anchor bolts, galvanized steel, powder coat paint finish black $2,500.00 $ 7,500.00 0 Crossarm for twin fixture $ 1,000.00 $ - 0 Flag pole holder (FPH): FPHl/BO/BK 1-1" bolt-on holder, black $ 150.00 $ - Banner arm aluminum (BA) BA 24 SO H 4 BK Top and bottom arem, 1.24", bolt on 0 banner arm, half sphere, 1" diameter black $ 350.00 $ - 0 Weather proof receptacle (FG) FGIUS S SK small in use wet location cover black $ 130.00 $ Street sign frames (ST) STRC 1 BO BK rectangular street sign frame, cast aluminum, 0 single large frame, bolt on black $ 350.00 $ - 0 lirrigation provision (irrigation by others) $ 236.00 $ - 0 Speaker provision (speaker by others) $ 236.00 $ - Glass Post top fixture Granville II LED (GVD) GVD 80 4K AS M B 3 R 5 FCVR B Granville & 174; II LED (GVD), SOW 400ma driver, 4000series CCT, auto sensing voltage (120-277), 3 modern style-swing open design, black, asymetric type III, non-painted cast aluminum standard black, full cover black $ 2,125.00 $ 6,375.00 Total materials $ 13,875.00 Tax (7.275%) $ 1,009.41 Bond $ 214.35 Total materials, tax and bond $ 15,098.76 HOLOPHANE: This quote is valid for 90 calendar days from date of quote. Shipment lead times begin the day after the order is released and are based on working days only. Shipments are FOB Shipping Point on all orders. Holophane shall pay freight on orders of 53,000 or more ($750 for replacement ballast kits) to all points In the continental United States and Canada. Upon release of your order, poles and non -standard material cannot be cancelled or returned. Terms are subject to reylslon, Items with "Hold" status have not been allocated any labor, material, or scheduled production time. The lead time to shipment will begin when Holophane receives your clarification or approval to release your purchase order ition(s) from "Hold" status. Prices in this acknowledgement are firm for release within a period of six months from the date of order. At the end of six months, Holophane, at its option, shall either increase prices by 5% or renegotiate pricing. Thereafter, escalation of 1-1/2% per three month period will be added. In the event of an extraordinary change in raw material costs, Holophane reserves the right to renegotiate pricing. Pricing will be reevaluated and confirmed upon receipt of your clarification or approval to release the purchase order itern(s) from "Hold" status. QTY Description Unit Price Amount Installation Pricing 3 Install poles $ 539.00 $ 1,617.00 3 Install bases $ 657.00 $ 1,971.00 481 Furnish and install 2" Non metallic conduit $ 4.33 $ 2,082.73 2431 Furnish and install #2 AL wire $ 0.74 $ 1,798.94 Bonding $ 125.00 Total installation cost $ 7,594.67 Price includes inspection fees and subcontractor bond Traffic control, staking/surveying and utility fees not included. CO Grand Signature of Acceptance: Total $ 22,693.43 Certified by Archltect/Entinvf I Date ' t V:Qeslgn and Constmction':Payment ReaUeSl Fofms\Co;wacrOr Rennes; fc' Paynurr CI 1-t 320:1 WORD e C PROJECT NO. New Hope Project # 944 Code# AMOUNT VVH Services CONTRACTOR REQUEST FOR PAYMENT w �� City of New Hope, 5500 International Parkway, New Hope -MN 55428 Attn: Bob Pasch ke-Director of Public Works Coded Date Name and Location of Project 2015 New Hope City Center Streetscape Enhancement LED Light project — Name and Address of Contractor (-BidPackageNo. u WH Services, PO Box 330, 6800 Electric Drive, Rockford MN 55373--.— Request No R6.1 For Period Final 7/13/16-7/18/16 ANALYSIS OF CONTRACT AMOUNT TO DATE Original Contract Amount $ 255.027.00 t1) Net Amount of Change Orders through CO# ($22.881-08 -add 3lights on 45" Ave) $ 22.693.43 (2) Adjusted Contract Amount (Line 1 +Line 2) $ 277,720.43 (3) ANALYSIS OF WORK PERFORMED Value of Work Performed from Column 3 of Estimate Breakdown $ 277,720.48 (4) Less Amount Retained Net Amount Earned to Date $ 277.720.43_- (6) Less Previous Payment applied for $ 269.408.08 (7) BALANCE DUE THIS PAYMENT (Line 6 - Line 7) $ 8,312.35 (8) CERTIFICATION OF CONTRACTOR: i I certify that the foregoing is just and correct and the amount claimed is legally due after showing all just credits. Certified by Date 7-19-2016 Contractor Philip J Glawe 1 certify that i have inspected the above work, that to the best of my knowledge it is in accord with contract 1. requirements and that the estimated quantities are correct. Certified by Constr!ua7ri Manager l Date Certified by Archltect/Entinvf I Date ' t V:Qeslgn and Constmction':Payment ReaUeSl Fofms\Co;wacrOr Rennes; fc' Paynurr CI 1-t 320:1 WORD e C Page I of 1 C4. MINNESOTA- REVENUE Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number. 0-026-540-608 Submitted Date and Time: 2 -Aug -2016 10:15:11 AM Legal Name: WH RESPONSE LLC Federal Employer ID: 20-3548423 User Who Submitted: WHRpayrcll Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 876134400 Minnesota 10: 9561325 Project Owner: CITY OF NEW HOPE Project Number: 944 Project Begin Date: 13 -Apr -2015 Project End Date: 20 -Jul -2016 Project Location: CITY OF NEW HOPE Project Amount: $277,720.43 Subcontractor Summary Name ID Affidavit Number DESIGN ELECTRIC INC. 6387590 1223434240 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 Wthholding Tax Division at 651-282.9999, (toll-free) 800-657-3594, or (email) withholding. tax@state.mn.us. Business hours are 8:00 a.m. -4:30 p.m. Monday • Friday. Please unnt this nage for your records using the print or save functionality built into your browser https:Hwtivw.mndor.state.mn. us/tpleservices!_/Retrieve/O/c-ISuQbphOyH_bCM9gbCdp V OQ... 8/2/2016 Page l of 1 MINNESOTA- REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number. 1-418 840-B32 Submitted Date and Time; 27 -Jun -2018 3:16:46 PM Legal Name: COMLINK MIDWEST LLC Federal Employer ID: 284519216 User Who Submitted: 9686412 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1824899072 Minnesota to: 9886412 Project Owner: CITY OF NEW HOPE Project Numbec 944/50700 Project Begin Date: 01 -Jun -2016 Project End Date: 27 -Jun -2016 Project Location: XYLON AVENUE NORTH STREETSCAPING ProjectAmount: $2,984,22 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency tial hired you. mat-�-- �t�i Contact Us If you need further assistant, contact our Withholding Tax Division at 051-262-9999, (!oll-free) 800857-3594, or (email) wilhhoiding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print itsPag for your records using the print or save functionality built Into your browser, https://www.Tnndor.state.mn. us/tp/esetvices!_lRetrieve/0%-/JIFp4sl g4yxaQNQaoEbOGw_... 6/27/2016 COUNCIL A �...� Request for Action Originating Department Approved for Agenda Agenda Section Community Development December 14, 2015 Development and Planning Item No. By: Jeff Sargent, Director of CD By: Kirk McDonald, City Manager 8.6 Resolution approving change order No. 1 for Artistic Stone and Concrete for Public Improvement Project No. 944 — Xylon Ave. N.; Resolution approving change order No. 2 for Artistic Stone and Concrete for Public Improvement Project No. 944 — Xylon Ave. N.; and Resolution approving change order No. 3 for Artistic Stone and Concrete for Public Improvement Project No. 944 — Xylon Ave. N (Project No. 944). Requested Action Staff is recommending that the Council approve three change orders in the total amount of $35,602.20 to the contract with Artistic Stone & Concrete, for additional work that was necessary to complete a portion of the streetscape improvement work along Xylon Avenue N. Policy/Past Practice It is the practice of the city to require the approval of resolutions approving change orders for contracted services employed by the city. Background On June 8, 2015, the City Council accepted the low bid from Artistic Stone & Concrete for the construction of vertical elements and lighting/electrical improvements for the Xylon Avenue streetscape improvement project at the bid price of $1,114,630.50. Artistic Stone is responsible for the installation of the vertical elements such as the banner columns, the colonnade entry sign, the digital electronic reader board sign, the pergolas, and the ornamental fence, along with all lighting and electrical elements associated with these structures. Change Order 1 is a request for an additional $11,816.20, and provides for additional work to replace approximately 600 feet of 48 -strand single -mode fiber optic cable along the west side of Xylon Avenue, between the fire station and police station. This change order also provides for the installation of a new handhole, two 1-1/4" PVC conduits (one as a spare for future or emergency use), as well as the work to Motion by /�L Q_ �. l 4 l Cl , — (L�{lG:� t b lS- / IO(C Dl) To; D,Rln/vl i C�.o- /`C-�1Ji a1 D l S- j`� l C Q > Z /iJ AG 15- C16 # 3 I:\RFA\COM MM DEV\Develo ment\Q&RArristic Stone Change Order 12-14-15.doc Request for Action December 14, 2015 Page 2 directional drill new conduit under the two southern City Hall driveways. The fiber optic cable required replacement due to several conflicts encountered during construction with the illuminated bollard locations and other streetscaping elements. This change order provides for all labor and materials to complete this work. Change Order 2 is a request for an additional $4,736.00, and provides for the design alteration to remove the inside precast within the lighted vertical element channels for the civic event pergolas, banner columns, and the gateway colonnade structure. The design alteration maintains the original design intent of uplight within the channel, and also removes the potential for precast cracking within the channel. This Change Order also amount provides for all labor and materials to complete the work. As a part of Change Order 2, the contractor is also requesting a change in the substantial completion date for the work contracted for. The original substantial completion date was October 30, 2015. Due to delays in the overall project not caused by Artistic Stone, Artistic Stone has been unable to achieve its preliminary timeline for completion. The request is for a new substantial completion date of May 2, 2016. Staff feels that this new date is justified. Change Order 3 is a request for an additional $19,050.00, and provides for additional work to complete a number of unknown conditions that were encountered while excavating pits for the footings of the vertical elements on the contract. The conditions encountered were as follows: 1. Concrete rubble and footings were discovered below grade at the corner of 42nd and Xylon avenues. The footings were excavated and removed. 2. Due to a delay in schedule for private utility relocation at 42nd and Xylon, a large pile of fill material required removal and was imported back onsite for finish grading once the private utility was relocated. 3. Due to poor soil conditions encountered, excess fill was required to be removed from the job site. 4. Where the excess poor soil was removed, additional clean fill was required to support the vertical element footings. 5. An unknown telephone line was discovered during excavation. Hand digging was required to locate the telephone line in 10 locations. Funding On September 8, 2014, the Economic Development Authority (EDA) approved a resolution authorizing an interfund loan for advance of certain costs in connection with the City Center Redevelopment Tax Increment Financing (TIF) District, for an amount up to $8 million. Being that the streetscape improvement project is adjacent to the City Center TIF District, Stacie Kvilvang from Ehlers affirmed that this change order request would be an eligible expense and could be paid from EDA funds through the approved interfund loan. Recommendation Staff recommends approval of the attached resolutions, approving change orders No. 1, No. 2 and No. 3 in the total amount of $35,602.20, in relation to the construction of the vertical elements for the Xylon Avenue North Request for Action December 14, 2015 Page 3 street improvement project. Stantec has reviewed all the change order requests and has negotiated with Artistic Stone for the amounts presented to the City Council. Staff and Stantec feel that the requested change orders are valid and necessary for the completion of the project. Staff also recommends that the City Council approve the substantial completion date, as outlined in Change Order No. 2. The original demolition contract amount was $1,114,630.50. The proposed revision to the contract would be for a total amount of $1,150,232.70, should change orders be approved. It should be noted that the City Attorney has also reviewed the requested change orders and drafted the resolutions needed to approve them. Attachments • Change Order Resolutions • Construction Change Order No. 1 • Stantec Memo Re: Change Order No. 1 • Construction Change Order No. 2 • Stantec Memo Re: Change Order No. 2 • Graphics for Change Order No. 2 • Construction Change Order No. 3 • Stantec Memo Re: Change Order No. 3 • 9/8/14 EDA Resolution RESOLUTION NO. 2015-1 go RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR ARTISTIC STONE AND CONCRETE FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center streetscaping vertical elements and lighting improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the request for Change Order No. 1 from W. Gohman Construction Co. d/b/a Artistic Stone and Concrete relating to the contract for Xylon Avenue North Streetscaping Vertical Elements and Lighting Improvements ("Artistic Stone and Concrete Contract') to replace approximately 600 feet of 48 -strand single -mode fiber optic cable along the west side of Xylon Avenue North, between the fire station and the police station; and WHEREAS, the City Engineer has prepared a Memorandum dated December 3, 2015 recommending Change Order No. I to the Artistic Stone and Concrete Contract and noting that the fiber optic cable required replacement due to the several conflicts encountered during construction with the illuminated bollard locations and other streetscaping elements; and WHEREAS, in light of the issues encountered by Artistic Stone and Concrete during construction, the City finds that Change Order No. 1 is warranted; and WHEREAS, the City Council has considered this request for Change Order No. I to the Artistic Stone and Concrete Contract relating to City Project No. 944 at its meeting of December 14, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Change Order No. 1 to the Artistic Stone and Concrete Contract is approved, but in all other respects the Contract shall remain in full force according to its terms. Dated the 14th day of December, 2015. Kathi Hemken, Mayor Attest: C� J 21L Valerie Leone, City Clerk RESOLUTION NO. 2015-_19j RESOLUTION APPROVING CHANGE ORDER NO.2 FOR ARTISTIC STONE AND CONCRETE FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center streetscaping vertical elements and lighting improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the request for Change Order No. 2 from W. Gohman Construction Co. d/b/a Artistic Stone and Concrete relating to the contract for Xylon Avenue North Streetscaping Vertical Elements and Lighting Improvements ("Artistic Stone and Concrete Contract') to alter the design to remove the inside precast within the lighted vertical element channels for the civic event pergola, banner column, and gateway colonnade structures; and WHEREAS, Artistic Stone and Concrete has also requested in Change Order No. 2 for extensions of time for "Substantial Completion Date" to May 2, 2016 and "Final Completion Date" to June 6, 2016 but with no additional compensation to Artistic Stone and Concrete for the extension of dates; and WHEREAS, the City Engineer has prepared a Memorandum dated December 8, 2015 recommending Change Order No. 2 to the Artistic Stone and Concrete Contract and noting that the best solution to avoid potential cracking within the lighted vertical element channels is to alter the design as proposed in Change Order No. 2; and WHEREAS, in light of the issues encountered by Artistic Stone and Concrete during construction, the City finds that Change Order No. 2 is warranted; and WHEREAS, the City Council has considered this request for Change Order No. 2 to the Artistic Stone and Concrete Contract relating to City Project No. 944 at its meeting of December 14, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Change Order No. 2 to the Artistic Stone and Concrete Contract is approved, including the extension for Substantial Completion Date to May 2, 2016 and Final Completion Date to June 6, 2016, but in all other respects the Contract shall remain in full force according to its terms. Dated the 14th day of December, 2015. Attest: fQ_ Valerie Leone, City Clerk U ale e Kathi Hemken, Mayor RESOLUTION NO. 2015- 192 RESOLUTION APPROVING CHANGE ORDER NO.3 FOR ARTISTIC STONE AND CONCRETE FOR PUBLIC IMPROVEMENT PROJECT NO. 944 — XYLON AVE. N. (City Center streetscaping vertical elements and lighting improvements) BE IT RESOLVED by the City Council in and for the City of New Hope as follows: WHEREAS, City staff have reviewed the request for Change Order No. 3 from W. Gohman Construction Co. d/b/a Artistic Stone and Concrete relating to the contract for Xylon Avenue North Streetscaping Vertical Elements and Lighting Improvements ("Artistic Stone and Concrete Contract') to compensate Artistic Stone and Concrete for additional work caused by unknown conditions that were encountered while excavating pits for the footings for the vertical elements including discovery of concrete rubble and footings, poor soil conditions and an unknown telephone line; and WHEREAS, the City Engineer has prepared a Memorandum dated December 9, 2015 recommending Change Order No. 3 to the Artistic Stone and Concrete Contract and noting that the conditions encountered by Artistic Stone and Concrete were unknown and increased the cost of the work by $19,050.00; and WHEREAS, in light of the issues encountered by Artistic Stone and Concrete during construction, the City finds that the Change Order No. 3 is warranted; and WHEREAS, the City Council has considered this request for Change Order No. 3 to the Artistic Stone and Concrete Contract relating to City Project No. 944 at its meeting of December 14, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Change Order No. 3 to the Artistic Stone and Concrete Contract is approved, but in all other respects the Contract shall remain in full force according to its terms. Dated the 14th day of December, 2015. Kathf Hemken, Mayor Attest: Valerie Leone, ity Clerk ® stantec Owner: City of New Hope, 4401 X Ion Ave. N., New Ho e, MN 55428 Date December 3, 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75, P.O. Box 250, St. Joseph, MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center, OH, 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 1 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 CITY PROJECT NO. 944 Description of Work Change Order No. 1 provides for additional work to replace approximately 600 feet of 48 -strand single -mode fiber optic cable along the west side of Xylon Avenue North, between the fire station and police station. This Change Order also provides for the installation a new handhole, two 1-1/4" PVC conduits (one as a spare for future or emergency use), as well as the work to directional drill new conduit under the two southern city hall driveways. The fiber optic cable required replacement due to the several conflicts encountered during construction with the illuminated bollard locations and other streetscaping elements. This Change Order provides for all labor and materials to complete this work. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 FIBER REPLACEMENT FROM FIRE STATION LS 1 $11,816.20 $11,816.20 TO CITY HALL TOTAL CHANGE ORDER NO. 1: 193803185CHOL x]. $11,816.20 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): 15 percent deduct to approximately 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 Date: Approved by Contractor: Approved by Owner: ARTISTIC STONE AND CONCRETE CITY OF NEW HOPE Date cc: Owner Contractor Bonding Company Stantec 193803185CHOI Am Date $1,114,630.50 $0.00 $11,816.20 $1,126,446.70 October 30, 2015 December 4, 2015 Stantec December 3, 2015 File: 193803185 Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent, Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting Improvements - Change Order No. 1 City Project No.: 944 Dear Jeff: As requested, we have prepared Change Order No. 1 to compensate Artistic Stone and Concrete to replace approximately 600 feet of 48 -strand single -mode fiber optic cable along the west side of Xylon Avenue North, between the fire station and police station. The fiber optic cable required replacement due to the several conflicts encountered during construction with the illuminated bollard locations and other Streetscaping elements. If you have any questions or require further information please call me at (651)604-4808. Regards, STANTEC CONSULTING SERVICES INC. Christopher W. Long, P.E. Attachments: Change Order No. 1 c. Rich Johnson, Aaron Chirpich, Jeff Alger - New Hope; Kellie Schlegel, Megan Albert, Jacob Burgstahler, Adam Martinson - Stantec. Design with community in mind ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 8, 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75, P.O. Box 250, St. Joseph, MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center OH 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 2 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 CITY PROJECT NO. 944 Description of Work Change Order No. 2 provides for the design alteration to remove the inside precast within the lighted vertical element channels for the civic event pergola, banner column, and gateway colonnade structures. A visible steel core will instead be provided which will be painted dark bronze to match the other vertical element structure metals. The design alteration maintains the original design intent of uplight within the channel, and also removes the potential for precast cracking within the channel. This Change Order provides for all labor and materials to complete this work. This Change Order also provides for a substantial completion date extension to May 2, 2016, and a final completion date extension to June 6, 2016. This Change Order does not provide for additional compensation to the contractor for this change in dates. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 2 1 VERTICAL ELEMENT PRECAST DESIGN LS 1 $4,736.00 $4,736.00 ALTERATION FOR UPLIGHTING (CIVIC EVENT PERGOLA, BANNER COLUMN, AND GATEWAY COLONNADE STRUCTURES) TOTAL CHANGE ORDER NO. 2: $4,736.00 193803185CH02,xI Original Contract Amount $1,114,630.50 Previous Change Orders $11,816.20 This Change Order $4,736.00 Revised Contract Amount (including this change order) $1,131,182.70 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): October 30, 2015 Ready for final Payment (days or date): December 4, 2015 15 percent deduct to approximately Increase of this Change Order: Substantial Completion (days or date): May 2, 2016 Ready for final Payment (days or date): June 6, 2016 Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Date: Approved by Contractor: Approved by Owner: ARTISTIC STONE AND CONCRETE CITY OF NEW HOPE Date cc: Owner Contractor Bonding Company Stantec 193803185CH02.xlsm Date ® Stantec December 8, 2015 File: 193803185 Stantec consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent, Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting Improvements - Change Order No. 2 City Project No.: 944 Dear Jeff: As requested, we have prepared Change Order No. 2 to compensate Artistic Stone and Concrete for the design alteration to remove the inside precast within the lighted vertical element channels for the civic event pergola, banner column, and gateway colonnade structures (see attached graphic). A visible steel core will instead be provided which will be painted dark bronze to match the other vertical element structure metals. The design alteration maintains the original design intent of uplight within the channel, and also removes the potential for precast cracking within the channel. This Change Order provides for all labor and materials to complete this work. Since August of 2015, we have worked with Artistic Stone and Concrete to explore alternate solutions to remove the potential cracking that could occur to the precast within the channel. We have explored upsizing all vertical elements, to reviewing different light locations or material solutions. Although the vertical elements could be constructed as originally designed, we believe the best solution to provide the best end product, and limit cracking potential within the channel, is with the design alteration as proposed. This Change Order also provides for a substantial completion date extension to May 2, 2016, and a final completion date extension to June 6, 2016. This Change Order does not provide for additional compensation to the contractor for this change in dates. If you have any questions or require further information please call me at (651)604-4808. Design with community in mind (3 December8, 2015 Mr. Jeff Sargent Page 2 of 2 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting - Change Order No. 2 Regards, STANTEC CONSULTING SERWCES INC. Christopher W. Long, P.E. Attachments: Change Order No. 2; Graphic for Revised Vertical Channel Location c. Aaron Chirpich, Jeff Alger - New Hope; Stacy Woods - City Attorney; Kellie Schlegel, Megan Albert, Jacob Burgstahler, Adam Martinson - Stantec. Design with community in mind Gateway Elements Gateway Entry Sign PRECAST CHANNEL ORIGINAL DESIGN REMAINS FOR ENTRY SIGN; LARGER SIZE COLUMNS DO NOT REQUIRE A CHANGE. New Hope, MN - Streetscape Enhancement Project 04.22.2014 0� Stantec Streetscape Elements Civic Event Pergolc New Hope, MN - Streetscape Enhancement Project 04.22.2014 Stantec ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 8, 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75, P.O. Box 250, St. Joseph, MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center, OH, 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 3 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 CITY PROJECT NO. 944 Description of Work Change Order No. 3 provides for additional work to complete a number of unknown conditions that were encountered while excavating pits for the footings of the vertical elements on the contract. Costs for all labor and materials to complete this additional work is listed below: 1 Concrete rubble and footings were discovered below grade at the corner of 42nd and Xylon. The footings were excavated and removed. 2 Due to a delay in schedule for private utility relocation at 42nd and Xylon, a large pile of fill material required removal and was imported back onsite for finish grading once the private utility was relocated. 3 Due to poor soil conditions encountered, excess fill was required to be removed from the job site. 4 Where the excess poor soil was removed, additional clean fill was required to support the vertical element footings. 5 An unknown telephone line was discovered during excavation. Hand digging was required to locate the telephone line in 10 locations. 193803185CH03.xl. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 3 1 EXCAVATION AND REMOVAL OF CONCRETE LS 1 $2,200.00 $2,200.00 RUBBLE 2 HAULING EXCESS MATERIAL FROM LS 1 $1,850.00 $1,850.00 42ND/XYLON 3 EXCAVATION OF EXCESS MATERIAL DUE YD 190 $15.00 $2,850.00 TO POOR SOIL CONDITIONS 4 ADDITIONAL IMPORTED FILL MATERIAL DUE TON 180 $30.00 $5,400.00 TO POOR SOIL CONDITIONS 5 HAND DIGGING PRIVATE UTILITIES EA 10 $675.00 $6,750.00 TOTAL CHANGE ORDER NO. 3: $19,050.00 193803185CH03.xl. 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): 15 percent deduct to approximately 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 Date: Approved by Contractor: Approved by Owner: ARTISTIC STONE AND CONCRETE CITY OF NEW HOPE Date cc: Owner Contractor Bonding Company Stantec 193803185CH03.xl. Date $1,114,630.50 $16,615.32 $19,050.00 $1,150,295.82 August 29, 2014 October 31, 2014 May 2, 2016 June 6, 2016 ® Stantec December9, 2015 File: 193803185 Stantec consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651) 636-4600 Fax: (651) 636-1311 Attention: Jeff Sargent, Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting Improvements - Change Order No. 3 City Project No.: 944 Dear Jeff: As requested, we have prepared Change Order No. 3 to compensate Artistic Stone and Concrete for additional work to complete a number of unknown conditions that were encountered while excavating pits for the footings of the vertical elements on the contract. The total cost of Change Order No. 3 is $19,050.00 and includes all labor and materials to complete this additional work as described below: 1. Concrete rubble and footings were discovered below grade at the corner of 42nd and Xylon. The footings were excavated and removed. 2. Due to a delay in schedule for private utility relocation at 42nd and Xylon, a large pile of fill material required removal and was imported back onsite for finish grading once the private utility was relocated. 3. Due to poor soil conditions encountered, excess fill was required to be removed from the job site. 4. Where the excess poor soil was removed, additional clean fill was required to support the vertical element footings. 5. An unknown telephone line was discovered during excavation. Hand digging was required to locate the telephone line in 10 locations. If you have any questions or require further information please call me at (651)604-4808. Design with community in mind (3 December 9, 2015 Mr. Jeff Sargent Page 2 of 2 Reference: Xylon Avenue Streetscaping Vertical Element and Lighting - Change Order No. 3 Regards, STANTEC CONSULTING SERVICES INC. W, Christopher W. Long, P.E. Attachments: Change Order No. 3 c. Aaron Chirpich, Jeff Alger - New Hope; Stacy Woods - City Attorney; Kellie Schlegel, Megan Albert, Jacob Burgstahler, Adam Martinson - Stantec. Design with community in mind NEW HOPE ECONONOMIC DEVELOPMENT AUTHORITY CITY OF NEW HOPE HENVEPIN COUNTY STATE OF MINNESOTA Commissioner Elder introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-15 RESOLUTION AUTHORIZING AND RATIFYING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN CONNECTION WITH THE CITY CENTER REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED by the Board of Commissioners (the "Board") of the New Hope Economic Development Authority (the "Authority"), as follows: Section 1. Back ound. 1.01. The Authority and the City of New Hope (the "City") have created the City Center Redevelopment Tax Increment Financing District (the "TIF District") in order to provide a funding source to assist in the redevelopment of certain real property in the City (the "Property"), which Property has been acquired by the Authority. 1.02, The Authority previously adopted resolutions authorizing interfund loans using other funds of the Authority to pay for certain costs related to the Property consisting of demolition of buildings located on the Property, administrative expenses, including but not limited to fees of attorney and financial advisors, and interest, which costs were financed on a temporary basis from Authority funds available for such purposes. 1.03. The Authority intends to enter into a Purchase and Development Agreement with Hy - Vee, Inc., to purchase the Property under which the purchase price to be paid by Hy -Vee to acquire the Property is less than the amount paid by the Authority. 1.04. tinder Minnesota Statutes, Section 464.178, Subd. 7, the Authority is authorized to advance money from the Authority's general fund or any other fund from which such advances may be legally authorized, in order to finance the Qualified Costs. 1.04. The Authority intends to establish a new interfund loan combining the interfund loans previously authorized by the Authority and advances made by the Authority to acquire and prepare the Property for redevelopment to the extent that such advances exceed the purchase price to he paid to the Authority for the Property and for expected future public improvements required to allow redevelopment to commence (all of which costs are collectively referred to herein as the "Qualified Costs"). Section 2. Terms of Interfund Loan. 2.01. The Authority hereby establishes an interfund loan in the amount of up to $8,000,000 from funds of the Authority or so much thereof as may be paid as Qualified Costs, The Authority shall be reimbursed for such advances together without interest. 2.02. Principal ('Payments") on the Interfund Loan shall be paid semi-annually on each August 1 and February 1 (each a "Payment Date") commencing on the first Payment Date on which the Authority has Available Tax Increment (defined below), or on any other dates determined by the Authority's Executive Director, through the date of last receipt of tax increment from the TIF District. 2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, tax increment available after other obligations have been paid, or as determined by the Executive Director, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the Authority by Hennepin County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1799, all inclusive, as amended. Payments on this Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interf and loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum payable under this Interfund Loan are pre-payable in whole or in part at any time without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. 2.05. This Interfund Loan is evidence of an internal borrowing by the Authority in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City and Authority. Neither the Stats of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal on this Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal on this Interfund Loan or other costs incident hereto. The Authority shall have no obligation to pay any principal amount of the Interfund Loan, which may remain unpaid after the final Payment Date. 2.06. The Authority may amend the terms of this Interfund Loan at any time by resolution of the Board of Commissioners, including a determination to forgive the outstanding principal amount to the extent permissible under law. 2.07. The Interfund Loan established by this Resolution is intended to replace the interfund loans established by any prior Resolutions of the Authority establishing interfund loans with respect to expenditures made in connection with the acquisition and preparation of the Property and administrative costs related thereto. Section 3. Effective Date. This resolution is effective upon the date of its approval. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner HQff e and upon a vote being taken thereon, the following voted in favor thereof; Hemken, Elder, Hoffe, Lammle, Stauner and the following voted against the same: None Approved by the Board on September 8, 2014. President, Kathi Hemken ATTEST: Executive Director, Kirk McDonald ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 3, 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75, P.O. Box 250, St. Joseph, MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center, OH, 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 1 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANT PROJECT NO. 193803185 C A Ili V COPY CITY PROJECT NO. 944 Description of Work Change Order No. 1 provides for additional work to replace approximately 600 feet of 48 -strand single -mode fiber optic cable along the west side of Xylon Avenue North, between the fire station and police station. This Change Order also provides for the installation a new handhole, two 1-1/4" PVC conduits (one as a spare for future or emergency use), as well as the work to directional drill new conduit under the two southern city hall driveways. The fiber optic cable required replacement due to the several conflicts encountered during construction with the illuminated bollard locations and other streetscaping elements. This Change Order provides for all labor and materials to complete this work. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 FIBER REPLACEMENT FROM FIRE STATION LS 1 $11,816.20 $11,816.20 TO CITY HALL TOTAL CHANGE ORDER NO. 1: 193803185CHOl..Ism ,816.20 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) Mr-IMC321til[8161111k slaIId,1:61 Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): 15 percent deduct to approximately 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: ARTISTIC STONE AND CONCRETE Date cc: Owner Contractor Bonding Company Stantec 193803185CH01.xIsm Date: Approved by Owner: CITY -QF NEW HOPE Date $1,114,630.50 $0.00 $11,816.20 $1,126,446.70 October 30, 2015 December 4, 2015 ® Stantec Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date December 8, 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75, P.O. Box 250, St. Joseph, MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center, OH, 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 2 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 .ty's C CITY PROJECT NO. 944 i Description of Work Change Order No. 1 provides for the design alteration to remove the inside precast within the lighted vertical element channels for the civic event pergola, banner column, and gateway colonnade structures. A visible steel core will instead be provided which will be painted dark bronze to match the other vertical element structure metals. The design alteration maintains the original design intent of uplight within the channel, and also removes the potential for precast cracking within the channel. This Change Order provides for all labor and materials to complete this work. This Change Order also provides for a substantial completion date extension to May 2, 2016, and a final completion date extension to June 6, 2016. This Change Order does not provide for additional compensation to the contractor for this change in dates. Contract Unit No. Item Unit Quantity Price CHANGE ORDER NO. 2 1 VERTICAL ELEMENT PRECAST DESIGN LS 1 $4,736.00 ALTERATION FOR UPLIGHTING (CIVIC EVENT PERGOLA, BANNER COLUMN, AND GATEWAY COLONNADE STRUCTURES) TOTAL CHANGE ORDER NO. 2: 193803185CR02.dsm Total $4,736.00 $4,736.00 Original Contract Amount $1,114,630.50 Previous Change Orders $11,816.20 This Change Order $4,736.00 Revised Contract Amount (including this change order) $1,131,182.70 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): October 30, 2015 Ready for final Payment (days or date): December 4, 2015 15 percent deduct to approximately Increase of this Change Order: Substantial Completion (days or date): May 2, 2016 Ready for final Payment (days or date): June 6, 2016 Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC � Date: Approved by Contractor: ARTISTIC STONE AND CONCRETE /jz- Dat cc: Owner Contractor Bonding Company Stantec 193803185CH02.xlsm Approved by Owner: CITY OF NEW HOPE r Date ® Stantec Owner: City of New Hope 4401 Xylon Ave. N. New Hope MN 55428 Date December 8 2015 Contractor: Artistic Stone and Concrete, 815 E. Co. Rd. 75 P.O. Box 250 St. Joseph MN 56374 Bond Company: Ohio Farmers Insurance Company, 1 Park Circle, PO Box 5001, Westfield Center, OH, 44251-5001 Bond No: 4143353 CONSTRUCTION CHANGE ORDER NO. 3 XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS STANTEC PROJECT NO. 193803185 " COPY CITY PROJECT NO. 944 Description of Work Change Order No. 3 provides for additional work to complete a number of unknown conditions that were encountered while excavating pits for the footings of the vertical elements on the contract. Costs for all labor and materials to complete this additional work is listed below: 1 Concrete rubble and footings were discovered below grade at the corner of 42nd and Xylon. The footings were excavated and removed. 2 Due to a delay in schedule for private utility relocation at 42nd and Xylon, a large pile of FII material required removal and was imported back onsite for finish grading once the private utility was relocated. 3 Due to poor soil conditions encountered, excess fill was required to be removed from the job site. 4 Where the excess poor soil was removed, additional clean fill was required to support the vertical element footings. 5 An unknown telephone line was discovered during excavation. Hand digging was required to locate the telephone line in 10 locations. 193803 1 85CH03A. Contract Unit Total No. Item Unit Quantity Price Amount CHANGE ORDER NO. 3 1 EXCAVATION AND REMOVAL OF CONCRETE LS 1 $2,200.00 $2,200.00 RUBBLE 2 HAULING EXCESS MATERIAL FROM LS 1 $1,850.00 $1,850.00 42ND/XYLON 3 EXCAVATION OF EXCESS MATERIAL DUE TO YD 190 $15.00 $2,850.00 POOR SOIL CONDITIONS 4 ADDITIONAL IMPORTED FILL MATERIAL DUE TON 180 $30.00 $5,400.00 TO POOR SOIL CONDITIONS 5 HAND DIGGING PRIVATE UTILITIES EA 10 $675.00 $6,750.00 TOTAL CHANGE ORDER NO. 3: $19.050.00 193803 1 85CH03A. Original Contract Amount $1,114,630.50 Previous Change Orders $16,615.32 This Change Order $19,050.00 Revised Contract Amount (including this change order) $1,150,295.82 CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): August 29, 2014 Ready for final Payment (days or date): October 31, 2014 15 percent deduct to approximately 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): May 2, 2016 Ready for final Payment (days or date): June 6, 2016 Recommended for Approval by: STANTEC Approved by Contractor: ARTISTIC STONE AND CONCRETE Date cc: Owner Contractor Bonding Company Stantec 193803185CH03xlsm Date: Approved by Owner: CITY OF --NEW HOPE � - 6 Date December 22, 2015 Artistic Stone and Concrete 815 E. Co. Road 75, PO Box 250 St. Joseph, MN 55637 Subject: Change Order No.1 for Project No. 944 At its meeting of December 14, 2015, the New Hope City Council authorized change order nos. 1, 2, and 3 for project 944. Enclosed are signed change order documents. Please forward one copy to your bonding company. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Jeff Sargent, director of community development 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 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action —rqo, Originating Department Approved for Agenda Agenda Section Community Development June 8, 2015 Development & Planning Item No. By: Jeff Sargent, Director of CD By: Kirk McDonald, City Manager 8.2 Resolution awarding contract with Artistic Stone and Concrete for construction of vertical elements and lighting improvements for public improvement no. 944 (Xylon Avenue North & 451h Avenue North Infrastructure Improvements Project) Requested Action Staff requests the City Council to approve the attached resolution to award the contract for construction to Artistic Stone and Concrete for the Xylon Avenue streetscape improvements, which include the electrical/lighting and vertical elements portion of the project. The bids were opened on June 2, with the lowest responsible bidder being Artistic Stone and Concrete with a bid of $1,114,630.50. Policy/Past Practice It is a policy of the city to have the City Council approve the acceptance of bids/quotes for construction projects. Background At the April 27 meeting, the City Council approved the plans and specifications and approved the ordering of advertisement for bids for the vertical elements and lighting improvements for public improvement project No. 944. The bids were opened on June 2. The City Engineer's Opinion of Probable Costs for this portion of the project was $780,000, and the lowest bid amount was $1,114,630.50. Given the time of year that the bids were sought and the amount of construction activity occurring in the Twin Cities area, it is not surprising that the bids came in higher than the estimated cost. The major funding source for this project is revenue generated by the sale of general obligation (GO) bonds. At the May 26 City Council meeting, the Council approved a resolution authorizing the issuance and awarding the sale of $5,960,000 of bonds to fund the entire Xylon/45th Avenue street reconstruction project, including streetscaping. When the bond amount was sized, it took into consideration the Engineer's Opinion of Probable Costs for the vertical elements and lighting improvements of $780,000. Because the bid came in higher than the estimated cost of construction, the overall project is approximately $485,000 short in funding, assuming the funding would be solely dependent on the revenue generated by the sale of the GO bonds. Motion by (X((lYliwy p, Second by To: I:\RFA\COMM DEV \Develo ment\Q & R - Bid Award Xylon Streetsca e Vertical Elements 6-8-15.doc Request for Action June 8, 2015 Page 2 Funding The City will have the ability to make up the approximate $485,000 shortfall in funding for this project by looking into alternate funding sources. First, it should be noted that the City Engineer has built in a 20% indirect cost contingency into the bid for the project. The City Engineer indicated that Stantec will do what it can to ensure that the full 20% is not used in order to save some money on the project. Other potential funding sources could include a combination of: • Existing EDA funds • TIF revenue generated by other TIF districts • Revenue generated by the sale of redevelopment properties • Possible use of State Aid advanced funding Stacie Kvilvang from Ehlers has submitted a memo outlining some of these options. Staff will have further discussion of these options at the City Council meeting. Recommendation Staff recommends that the City Council approve the resolution awarding the contract with Artistic Stone and Concrete for construction of vertical elements and lighting improvements in the amount of $1,114,630.50. Although the bid came in considerably higher than the estimate, staff feels that the results would be no different if the Council decided to reject the low bad and restart the process. Rejecting the bids would also hamper the timing of the construction of the project and would most likely delay completion until the spring of 2016. Attachments • Resolution • Stantec Memo and Bid Tab Sheet • Ehlers Memo RESOLUTION NO. 15-101 RESOLUTION AWARDING CONTRACT TO ARTISTIC STONE AND CONCRETE FOR CONSTRUCTION OF VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS FOR PUBLIC IMPROVEMENT NO. 944 (XYLON AVENUE NORTH & 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS PROJECT) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, city staff has identified the need for infrastructure improvements; and WHEREAS, plans and specifications for the Xylon Avenue North & 45th Avenue North Infrastructure Improvements project No. 944 have been prepared by consultant engineers, Stantec, and approved by Council; and WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the Xylon Avenue North & 45th Avenue North Vertical Elements and Lighting Improvement project; and WHEREAS, the total base bid in the amount of $1,114,630.50 by Artistic Stone and Concrete is the lowest responsible bid submitted; and WHEREAS, funding is available in the Economic Development Authority funds, TIF District proceeds, as well as new bond revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract of public improvement no. 944, the Xylon Avenue North & 45th Avenue North Vertical Elements and Lighting Improvement project, is awarded to Artistic Stone and Concrete in the amount of $1,114,630.50. 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 8th day of June, 2015. Attest: Zee� Valerie Leone, City Clerk Kathi hernken, Mayor ® Stantec June 2, 2015 Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Xylon Avenue North Streetscaping Vertical Elements & Lighting Improvements City Project No. 944 Stantec Project No. 193803185 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on June 2, 2015. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 4 Bids. The following summarizes the results of the Bid received: The low Bidder on the Project was Artistic Stone and Concrete with a Total Base Bid Amount of $1,114,630.50. This compares to the Engineer's Opinion of Probable Costs of $700,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Artistic Stone and Concrete should be awarded the Project on the Total Base Bid Amount of $1,114,630.50. Should you have any questions, please feel free to contact me at (651) 604-4808. STANTEC CONSULTING SERVICES INC. Christopher PE Enclosure Design with community in mind Contractor Total Base Bid Low Artistic Stone and Concrete $1,114,630.50 #2 Meisinger Construction Co., Inc. $1,394,200.00 #3 Blackstone Contractors, LLC $1,456,825.00 #4 LS Black Constructors, Inc. $1,697,685.00 The low Bidder on the Project was Artistic Stone and Concrete with a Total Base Bid Amount of $1,114,630.50. This compares to the Engineer's Opinion of Probable Costs of $700,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Artistic Stone and Concrete should be awarded the Project on the Total Base Bid Amount of $1,114,630.50. Should you have any questions, please feel free to contact me at (651) 604-4808. STANTEC CONSULTING SERVICES INC. Christopher PE Enclosure Design with community in mind J O u 41 C s Z •-�ti btitimrytititi 1•1N P.y .vb hh�666�-966n969w!2h�3 w 0 0 z F J n ffi � G w> a a£ 3 Wi�a� w w t �froww � Go"�oza� d 0 o�aLL oo�aa� s33W �owo=`s� � a u W�LLz33 Tu'a� s ��mig EEO H 3Ff �l�tgi�oud7inwa��ww�� m osso888sss eoS bos'o o'ss$ 00805�QS I�N ryrySry��10/I00�0�pp0p Rm mb w o �N^ � p p p O 8 O O O S S Op O Sp S S S S Op h p p p p p OOOOSSrTbNON��O/f S �SmP Nm i0/1pp« V yy C VqN ^^^ J•v Nbb NNU m•y p S S S O Op Op O O O S O S 8 8 S S S S p O m m O O m M O O G G G G e U MNNwM»'"ow C�MNNNN r e •y V1 N«M -n N N J _ TO S S o o O S O O O O O s O S S S S S r vMmf 8 z .... 8n88'o88NcooN 888�� Nom�,00mb888« § zNr°`w vof^� .. � a w»rvm poN. w«`NrvJNN"oo N N N N«»^@N na�Y o FsR sssssssssss8sosss e sssso��gss�s�sTsgs�e nS �wm m•On �.�+.riMN-�N«�MNpMry F M N« N NN N U N« M N M N s p 8s c00000gs s8S888.. J,2 oc G •C pN»Mb« NM «NN«•!�N «N N N V 61��'-y �1 � NN N_ E � 9 98S4 -re 0 E .N. Sie nE�cm.. soosso�e ss888888888 ai rioN.pp: nooun PN�rOl �+IM SbbO ry M % Mmom�rippiN mry«�pS.�iMrY $ f w yay N pn spa s � pp p O O s e Os.so O O 8 8 O O 8 SP ,,o o a C C C A ztiNE r` qqp�p� p••� oo n I� C N Q ti 6 N m m O M O O N ti PNb1� NI•'lnm pE fm N L0 �j Q V •nh 6 .iM �pmmd MN«�««•ti ,OnN ww«MMa N NM. -i NN .Y� 62 t� ff a Jry N am Nmmio>m.. Z •-�ti btitimrytititi 1•1N P.y .vb hh�666�-966n969w!2h�3 w 0 0 z F J n ffi � G w> a a£ 3 Wi�a� w w t �froww � Go"�oza� d 0 o�aLL oo�aa� s33W �owo=`s� � a u W�LLz33 Tu'a� s ��mig EEO H 3Ff �l�tgi�oud7inwa��ww�� m Memo To: Kirk McDonald — City Manager From: Stacie Kvilvang - Ehlers Date: June 8, 2015 Subject: Funding for Xylon Avenue Vertical Streetscape Elements On May 26, 2016 the City sold bonds to pay for the reconstruction of Xylon and 45th Avenues. At the time of the sale, the bids for the above referenced elements were not yet received. The City had estimated the costs for these to be $650,000. With the allocation of 20% for indirect costs (engineering/overhead) of $130,000, the total is $780,000. The City has bond proceeds in this amount in the construction fund to go toward these elements/costs. The final bids came in and the actual costs are $1,144,630 (excluding engineering/overhead). This is approximately $464,630 more than expected. The City had an additional $9,100 in bond proceeds that were deposited into the construction fund and can be utilized to offset these increased costs. In addition, Stantec has lowered the indirect costs to 14%, or $160,000. Based upon this, following is the estimated gap: Bid Amount $1,114,630.50 Indirect (Engineering/overhead) $160,000.00 Bond Proceeds (For Streetscape) ($780,000.00) Bond Proceeds (Rounding) ($9,146.99) Net Funds Needed $485,483.51 The remaining $485,484 can be paid from either fund balance in one of the existing TIF Districts (85-1, 85-2 or 86-1) or from EDA funds. In either case, we will have the EDA and City approve an interfund loan for this amount and as TIF becomes available from the City Center TIF district, we will repay the giving fund accordingly. Please contact me at 651-697-8506 with any questions. EHLERS LEADERS IN PUBLIC FINANCE www.ehlers-inc.com Minnesota phone 651-697-8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville, MN 5511 3-11 22 toll free 800-552-1171 Stantec Consulting Services Inc. .T ....,... �.. 2335 Highway 36 West, St. Paul MN 55113 June 9, 2015 Mr. Denis Anderson Artistic Stone and Concrete 815 East County Road 75 St. Joseph, MN 56374 Re: City of New Hope, Minnesota Xylon Avenue N. Streetscaping Vertical Elements and Lighting Improvements City Project No. 944 Stantec Project No. 193803185 Notice of Award/Contract Documents Dear Mr. Anderson: You are notified that your Bid dated June 2, 2015 for the above -referenced Project has been considered. You are the successful Bidder and are awarded a Contract for the amount of $1,114,630.50 for the Total Base Bid. Enclosed are four Contract Documents between you and the City of New Hope covering the above -referenced Project. Please complete Specification Document 00 52 10 Agreement Form, Document 00 61 13.13 Performance Bond, and Document 00 61 13.16 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, the City will distribute the Contracts as follows: 2 copies Artistic Stone and Concrete (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Stantec, Attention: Chris Long Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre -construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, W. Christopher W. Long, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steve Sondrall, City Attorney ON ■ ■ GORDON L. JENSEN' MELANIE P. PERSELLIN°' STEVEN A. $ONDRALL STAGY A. Wows' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW June 25, 2015 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELEFAX (763) 493-5193 vwvwjspwlaw.com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@Jspwlaw.com personal delivery Re: Xylon Ave. N. Streetscaping Vertical Elements and Lighting Improvements City Project No. 944 Our File No.: 99.10030 Dear Val: Enclosed please find four copies of the contract with W. Gohman Construction Co., d/b/a Artistic Stone and Concrete. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. jySinrely, A. Woo , Asststant City Attorney, Cityof New ope Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer Ajit �V I S i1C �y GOHMAM ;w.wnn. To: Steve Sondrall Jense n So nd ra II Pe rsel li n& Wood s 8525 Edinbrook Crossing Suite 201 Brooklyn Park, MN 55443-1968 Subject: Contract Documents WE ARE SENDING YOU ry Attached r Shop drawings r Prints r Copy of letter r Change order PO Box 250 St. Joseph, MN 56374-0250 Ph :(320)363-7781 Letter of Transmittal Transmittal #: 1 Date: 06/16/2015 Job: 5-507000 NEW HOPE STREETSCAPING r Under separate cover via None the following items: r Plans r Samples r Specifications r Other Document Type Copies Date No. Description r 4 r Approved as noted r Submit _ Contract Documents with Performance & Payments Bonds and Certificates of Insurance r 1 r Returned for corrections r Return _ Letter from Stantec r For review and comment THESE ARE TRANSMITTED as checked below r For approval r Approved as submitted r Resubmit _ copies for approval r For your use r Approved as noted r Submit _ copies for distribution r As requested r Returned for corrections r Return _ corrected prints r For review and comment r Other r FOR BIDS DUE r PRINTS RETURNED AFTER LOAN TO US Remarks: Please review and return signed copies of the contract document per direction in the Stantec letter. Thank you. Copy To: From: MICHAEL GOHMAN Signature: If enclosures are not as noted, kindly notify us at once. Page 1 of 1 June 26, 2015 Mr. Denis Anderson Artistic Stone and Concrete 815 East County Road 75 St. Joseph, MN 56374 SUBJECT: Xylon Ave N. Streetscaping Vertical Elements & Lighting improvements City Project 944 At its meeting of June 8, 2015, the New Hope City Council approved the contract with your company for project no. 944 for $1,114,630.50. Enclosed please find two contract documents. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long at Stantec at 651-604-4938 if you have any questions regarding the project. Sincerely, 1-9 Valerie Leone City Clerk, CMC Enclosures - Contract, IC -134 cc: Bob Paschke, director of public works Jeff Sargent, director of community development Chris Long, city engineer Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 Request for Action Originating Department Approved for Agenda Agenda Section Community Development April 27, 2015 Development & Planning Item No. By: Jeff Sargent, Director of CD By: Kirk McDonald, City Manager 8.2 Resolution awarding contract for construction of public improvement no. 944 (Xylon Avenue North & 45th Avenue North Infrastructure Improvements Project) Requested Action Staff requests the City Council to approve the attached resolution to award the contract for construction to the lowest bidder for the Xylon Avenue streetscape improvements, which include the base improvements for the project only. This consists of the street, utilities and streetscaping without the electrical/lighting and vertical elements. The bids were opened on April 24, so the specific lowest bid was not known at the time this report was drafted. The Council may recall that the bid package included two alternates, one for the retractable bollards for the convertible street section of Xylon Avenue, and the second for the complete reconstruction of Xylon Avenue between 45th and 46th avenues. The attached resolution has been intentionally left blank, as staff did not know who the lowest bidder was at the time of this report was written. Stantec will provide a memo outlining the bid results, as well as the bid tabulation and will present it to the Council at the time of the meeting. Depending on the outcome of the bid results, the resolution will be written to reflect which contractor the Council selects and whether one, both, or neither of the alternates will be included. Policy/Past Practice It is a policy of the city to have the City Council approve the acceptance of bids/quotes for construction projects. Background At the March 23 meeting, the City Council approved the plans and specifications and approved the ordering of advertisement for bids for public improvement project No. 944. The bids were opened on April 24. The plan set prepared for plans and specifications did not include the following elements, as these will be designed and constructed through separate project contracts: Motion by �Jjw� Second by To: /U/i ao 15- 1� - �, S N/A 16 7 - . �t& /tea I:\RFA\COMM DEV\Develo ment\Q&R-Bid Award X Ion Streetsca e4-27-15.doc Request for Action April 27, 2015 Page 2 • Streetscaping electrical/lighting and vertical elements (City Contract) o LED custom lighting such as lighted bollards, banner column lighting, gateway reader board sign, and all other non -street light electrical items o Electrical conduits and wiring o Banner columns, gateway entrance columns, arbor structures • Decorative LED street lights (Wright Hennepin contract) • Bury Overhead Utilities (Xcel Energy and Comcast agreement) • 42nd Avenue Streetscaping (Hy-Vee/Anderson Companies) Funding The funding for this project will come from street infrastructure, water, sewer, storm water improvement and temporary financing funds, as well as new bond revenues. It should be noted that per the 2015 budget, the concrete apparatus drive for the fire department improvements would be paid for from the temporary financing fund. Attachments • Draft Resolution RESOLUTION NO. 15- 72 RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT NO. 944 (XYLON AVENUE NORTH & 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS PROJECT) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, city staff has identified the need for infrastructure improvements; and WHEREAS, plans and specifications for the Xylon Avenue North & 45th Avenue North Infrastructure Improvements project No. 944 have been prepared by consultant engineers, Stantec, and approved by Council; and WHEREAS, the city has received acceptable bids and the Council does hereby determine to proceed with the Xylon Avenue North & 45th Avenue North Infrastructure Improvements project; and WHEREAS, the total base bid plus Alternate 1 and Alternate 2 from in the amount of $4 .181.767 is the lowest responsible bid submitted, and WHEREAS, funding is available in street infrastructure, water, sewer, storm water improvement and temporary financing funds, as well as new bond revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract of public improvement no. 944, the Xylon Avenue North & 45th Avenue North Infrastructure Improvements project, is awarded to Geislinger & Sons in the amount of $ 4,181,767 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 27th day of April, 2015. O Attest: Valerie Leone, City Clerk " Kath' Hemken, Mayor Item 8.2 4/27/15 Council Meeting Stantec April 27, 2015 Stantec Consulting services Inc. 2335 Highway 36 West, St. Paul MN 55113 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Xylon Avenue North and 45th Avenue North Infrastructure Improvements City Project No. 944 Stantec Project No. 193802810 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on April 24, 2015. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 1 Bids. The following summarizes the results of the Bid received: Contractor Total Base Bid Alternate 1 Alternate 2 Total Base Bid with Alternate 1 and 2 Low Geislinger &Sons, Inc. $3,640,108.00 $37,500.00 $504,159.00 $4,181,767.00 The low Bidder on the Project was Geislinger & Sons, Inc. with a Total Base Bid Amount of $3,640,108.00. The Total Base Bid Amount plus Alternate 1 and Alternate 2, is $4,181,767. This compares to the Engineer's Opinion of Probable Costs of $3,600,000. This Bid has been reviewed and found to be in order. Contract Award Options: If the City Council wishes to award the Project to the low Bidder, then Geislinger & Sons, Inc. should be awarded the Project on the Total Base Bid Amount of $3,640,108.00. If the City Council wishes to award the Project to the low Bidder, Geislinger & Sons, Inc., on the Total Base Bid Amount plus Alternate No. 1, then the Adjusted Total Bid Amount would be $3,677,608.00. If the City Council wishes to award the Project to the low Bidder, Geislinger & Sons, Inc., on the Total Base Bid Amount plus Alternate No. 2, then the Adjusted Total Bid Amount would be $4,144,267.00. pec=nn v: itl�ccrn^i:;rd}y '�n mind April 27, 2015 Page 2 of 2 Reference: Xylon Avenue North and 45th Avenue North Infrastructure Improvements Bid Results If the City Council wishes to award the Project to the low Bidder, Geislinger & Sons, Inc., on the Total Base Bid Amount plus Alternate No. 1 and Alternate 2, then the Adjusted Total Bid Amount would be $4,181,767.00. Should you have any questions, please feel free to contact me of (651) 604-4808. STANTEC CONSULTING SERVICES INC. fI(}. 70 Christopher W. Long, PE Enclosure ® Stantec Project Name: Xylon Ave N.&45th Ave N. Infrastructure Improvements Owner City of New Hope, Minnesota City Project No.: 944 193801810-e.nao.xmm BT -1 Bid Opening: Friday, April 24, 2015 at 10 A.M., CDT Stantec Project No.: 193802810 l hereby certify that this is an exact tMroductron ofbids nrerved Christopher W. Long, RE, lire No. 47105 Bidder No. 1 BID TABULATION Geislinger & Sons, Inc. Item Num Item Units Qtv Unit Price Total BASE BID: 1 MOBILIZATION t5 1 $200,000.00 $200,000.00 2 CLEARING TREE 13 $400.00 $5,200.00 3 GRUBBING TREE 13 $200.00 $2,600.00 4 REMOVE RETAINING WALL LF 180 $25.00 $4,500.00 5 REMOVE WATER MAIN IF 3252 $2.00 $6,504.00 6 REMOVE SEWER PIPE (SANITARY) IF 1172 $2.00 $2,344.00 7 REMOVE SANITARY SERVICE PIPE LF 150 $1.00 $150.00 8 REMOVE SEWER PIPE (STORM) LF 1932 $12.00 $23,184.00 9 REMOVE CONCRETE CURB AND GUTTER LF 5405 $4.00 $21,620.00 10 REMOVE CONCRETE PAVEMENT SY 1150 $7.00 $8,050.00 11 REMOVE BITUMINOUS PAVEMENT SY 11370 $4.00 $45,480.00 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 506 $4.00 $2,024.00 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 270 $5.00 $1,350.00 14 REMOVE CONCRETE SIDEWALK SY 3000 $5.00 $15,000.00 15 REMOVE HYDRANT EACH 6 $250A0 $1,500.00 16 REMOVE VALVE EACH 10 $100.00 $1,000.00 17 REMOVE MANHOLE (SANITARY) EACH 6 $550.00 $3,300.00 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EACH 22 $250.00 $5,500.00 19 SAWING CONCRETE PAVEMENT (FULL DEPTH) IF 150 $7.00 $1,050.00 20 SAWING BITUMINOUS PAVEMENT LF 250 $5.00 $1,250.00 21 SALVAGE BENCH EACH 3 $100.00 $300.00 22 SALVAGE TRASH RECEPTACLE EACH 1 $100.00 $100.00 23 SALVAGE SIGN TYPE C EACH 18 $100.00 $1,800.00 24 SALVAGE FIRE STATION OPTICON TRAFFIC CONTROLLER LS 1 $2,500.00 $2,500.00 25 SALVAGE SIGN TYPE SPECIAL EACH 2 $100.00 $200.00 26 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 450 $30.00 $13,500.00 27 COMMON EXCAVATION Cy 11050 $14.00 $154,700.00 28 SUBGRADE EXCAVATION C 1500 $10.00 $15,000.00 29 SELECT GRANULAR BORROW MOD (CV) Cy 8979 $19.00 $170,601.00 30 CONSTRUCT ACCESS ROAD LS 1 $10,000.00 $10,000.00 31 GEOTEXTILE FABRIC TYPE V SY 11450 $3.00 $34,350.00 32 STREET SWEEPER (WITH PICKUP BROOM) HOUR 20 $125.00 $2,500.00 33 AGGREGATE BASE CLASS 5 TON 10595 $18.00 $190,710.00 34 AGGREGATE SOILS CY 896 $40.00 $35,840.00 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 480 $3.00 $1,440.00 36 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 830 $75.00 $62,250.00 37 TYPE SP 12.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 106 $110.00 $11,660.00 38 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1940 $65.00 $126,100.00 39 IMPROVED PIPE FOUNDATION IF 160 $6.00 $960.00 40 30" RC PIPE APRON EACH 1 $1,600.00 $1,600.00 41 4" PERT PVC PIPE DRAIN LF 6537 $7.00 $45,759.00 42 CONNECT DRAIN TILE TO DRAINAGE STRUCTURE EACH 57 $75.00 $4,275.00 43 8" PVC PIPE SEWER (SANITARY) LF 69 $120.00 $8,280.00 44 10" PVC PIPE SEWER (SANITARY) LF 1087 $120.00 $130,440.00 45 12" RC PIPE SEWER DES 3006 CL V LF 101 $50.00 $5,050.00 46 15" RC PIPE SEWER DES 3006 CL V LF 375 $60.00 $22,500.00 47 18" RC PIPE SEWER DES 3006 CL V LF 334 $75.00 $25,050.00 48 24" RC PIPE SEWER DES 3006 CL IV LF 294 $80.00 $23,520.00 49 30" RC PIPE SEWER DES 3006 CL IV LF 81 $95.00 $7,695.00 50 42" RC PIPE SEWER DES 3006 CL IV IF 641 $150.00 $96,150.00 51 36 EQUIVALENT ARCH RC PIPE SEWER DES 3006 CL V LF 309 $160.00 $49,440.00 52 SANITARY SEWER BYPASS LS 1 $5,000.00 $5,000.00 53 10"X6" PVC WYE EACH 8 $750.00 $6,000.00 54 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 8 $1,500.00 $12,000.00 55 6" PIPE PLUG (SANITARY) EACH 4 $100.00 $400.00 56 8" PIPE PLUG (SANITARY) EACH 1 $100.00 $100.00 57 CONNECT TO EXISTING SANITARY SEWER EACH 1 $7,500.00 $7,500.00 58 CONNECT TO EXISTING MANHOLE (SANITARY) EACH 3 $8,500.00 $25,500.00 59 CONNECT TO EXISTING STORM SEWER EACH 11 $3,500.00 $38,500.00 60 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1 $5,000.00 $5,000.00 61 6" PVC SANITARY SERVICE PIPE LF 298 $50.00 $14,900.00 62 6" PVC SANITARY SERVICE RISER LF 30 $50.00 $1,500.00 63 SANITARY SEWER INSPECTION LF 1525 $3.00 $4,575.00 64 TEMPORARY WATER SERVICE LS 1 $16,000.00 $16,000.00 65 IRRIGATION SYSTEM LS 1 $95,000.00 $95,000.00 66 WATERMAIN OFFSET EACH 3 $5,000.00 $15,000.00 67 CONNECT TO EXISTING WATER MAIN EACH 3 $3,000.00 $9,000.00 68 CONNECT TO EXISTING WATER SERVICE EACH 9 $750.00 $6,750.00 69 HYDRANT EACH 7 $5,000.00 $35,000.00 70 12" BUTTERFLY VALVE & BOX EACH 5 $2,500.00 $12,500.00 71 4" GATE VALVE & BOX EACH 1 $1,500.00 $1,500.00 193801810-e.nao.xmm BT -1 Item Num BID TABULATION Item Units Qty Bidder No. 1 Geislinger & Sons, Inc. Unit Price Total 72 6" GATE VALVE & BOX EACH 17 $1,700.00 $28,9( 73 8" GATE VALVE & BOX EACH 5 $2,000.00 $1010( 74 6" PIPE PLUG (WATERMAIN) EACH 1 $100.00 $1( 75 B" PIPE PLUG (WATERMAIN) EACH 3 $100.00 S3( 76 4" PVC WATERMAIN LF 135 $40.00 $5,4( 77 6" PVC WATERMAIN LF 447 $60.00 $26,8: 78 B" PVC WATERMAIN LF 186 $65.00 $12,OE 79 12" PVC WATERMAIN LF 2484 $95.00 $235,9E 80 HYDRANT BARREL AD3UST LF 5 $500.00 $2,5( 81 DUCTILE IRON FITTINGS LB 3146 $5.00 $15,7? 82 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 4 $6,500.00 $26,0( 83 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 10 $3,000.00 $30,0( 84 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 19 $3,400.00 $34,0( 85 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 3 $3,800.00 $11,4C 86 CONSTRUCT DRAINAGE STRUCTURE DES SPEC T WITH T SUN EACH 1 $4,000.00 $4,0C 87 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 7 $4,500.00 $31,5C 88 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 2 $5,400.00 $10,8C 89 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' WITH T SUN EACH 1 $6,000.00 $6,00 90 CONSTRUCT DRAINAGE STRUCTURE DES SPEC S' EACH 3 $6,500.00 $19,5C 91 RANDOM RIPRAP CL III Cy 56 $75.00 $4,2C 92 5" CONCRETE WALK SF 37007 $7.00 $259,04 93 5" CONCRETE WALK SPECIAL (COLORED CONCRETE BANDS) SF 2821 $20.00 $56,42 94 7" CONCRETE SF 20054 $9.00 $180,48 95 7" CONCRETE WALK SPECIAL 1 (COLORED CROSSWALK) SF 4892 $20.00 $97,84 96 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 2530 $12.00 $30,36 97 SPECIAL SURFACE (INFORMAL SEATING AREA) SF 550 $50.00 $27,50 98 CONCRETE NRB & GUTTER DESIGN B618 LF 5530 $17.00 $94,01 99 CONCRETE CURB DESIGN V6 (LANDSCAPE 6" PLANTINGS CURE LF 790 $35.00 $27,65 100 TRUNCATED DOME PANEL SF 610 $62.00 $37,82 101 TRASH RECEPTACLE EACH 4 $2,000.00 $8,00 102 BENCHES EACH 10 .$2,400.00 $24,00 103 TABLES EACH 3 $7,000.00 $21,00 104 BIKE RACKS EACH 6 $800.00 $4,80 105 PRECAST CONCRETE PAVERS SF 2530 $14.00 $35,42 106 BLOCK RETAINING WALL SF 120 $50.00 $6,00 107 REMOVE LOOP DETECTORS LS 1 $2,500.00 $2,50 108 INSTALL 8' PRIVACY FENCE LS 1 $20,000.00 $20,00 109 CHAIN LINK SAFETY FENCE LF 150 $50.00 $7,50 110 TRAFFIC CONTROL LS 1 $7,500.00 $7,50 111 DETOUR SIGNING LS 1 $8,000.00 $8,00 112 SIGN PANELS TYPE C SF 130 $45.00 $5,85 113 INSTALL SIGN SPECIAL EACH 2 $300.00 $60 114 DECIDOUIS TREE 6' HT B&B TREE 114 $550.00 $62,70 115 DECIDIOUS SHRUB N05 CONT SHRB 476 $60.00 $28,56 116 PERENIAL NO 1 CONT PLT 634 $25.00 $15,85 117 TREE GRATES & FRAMES (5' SQUARE) EACH 11 $2,500.00 $27,50 118 TREE GRATES & FRAMES (37(5') EACH 11 $2,300.00 $25,30 119 SILT FENCE, TYPE MS LF 1000 $5.00 $5,00 120 STORM DRAIN INLET PROTECTION EACH 48 $200.00 $9,60 121 STORM OUTLET PROTECTION EA 2 $300.00 $60 122 STABILIZED CONSTRUCTION EXIT LS 1 $5,000.00 $5,00 123 PLANTING TOPSOIL BORROW Cy 58 $40.00 $2,32 124 BOULEVARD TOPSOIL BORROW Cy 643 $28.00 $18,00 125 SODDING TYPE LAWN SY 1480 $10.00 $14,80 126 MULCH MATERIAL TYPE 6 Cy 180 $50.00 $9,00 127 WATER FOR DUST CONTROL MGAL 600 $15.00 $9,00 128 GRANITE ROCK Cy 5D $100.00 $5,00 129 PAVT MSSG(IT ARROW) PAINT EACH 2 $150.00 $30' 130 PAVE MSSG(RT ARROW) PAINT EACH 2 $150.00 $30 131 PAVE MSSG (RT-THRU ARROW) PAINT EACH 1 $180.00 $181 132 PAVE MS5G (LT-THRU ARROW) PAINT EACH 1 $180.00 $181 133 4" SOLID LINE WHITE PAINT LF 280 $1.00 $281 134 24" STOP LINE WHITE PAINT LF 70 $6.00 $421 135 4" DOUBLE SOLID LINE YELLOW PAINT LF 2350 $1.20 $2,821 136 CROSSWALK MARKING PAINT SF 378 $6.00 $2.26' TOTAL BASE BID $3,640,108 ALTERNATE #1: RETRACTABLE ROAD BOLLARDS 137 7" CONCRETE WALK SPECIAL 1 SF 150 $50.00 $7,501 138 RETRACTABLE ROAD BOLLARD EACH 10 $3,000.00 $30.001 TOTAL ALTERNATE #1 $37,500 ALTERNATE #2: XYLON AVENUE N. (45TH TO 46TH) 139 MOBILIZATION LS 1 $35,000.00 $35,001 140 CLEARING TREE 3 $400.00 $1,201 141 GRUBBING TREE 3 $200.00 $601 142 REMOVE WATER MAIN LF 662 $2.00 $1,32, 143 REMOVE SEWER PIPE (SANITARY) LF 40 $2.00 $81 144 REMOVE SEWER PIPE (STORM) LF 40 $12.00 $461 145 REMOVE CONCRETE CURB LF 984 $4.00 $3,931 146 REMOVE BITUMINOUS PAVEMENT SY 1631 $3.00 $4,89: 147 REMOVE BITUMINOUS PAVEMENT SY 1631 $3.00 $4,89. 148 REMOVE CONCRETE WALK SY 239 $5.00 $1,193 149 REMOVE HYDRANT EACH 1 $250.00 $25( 150 REMOVE VALVE EACH 2 $100.00 $20( 151 REMOVE MANHOLE OR CATCH BASIN EACH 8 $250.00 $2,00( 152 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LF B5 $4.00 $34( 153 SALVAGE SIGN TYPE C EACH 5 $40.00 $20( 193802810-8arab,&m BT -2 Item Num Bidder No. 1 BID TABULATION Geislinger & Sons, Inc. Signed By: Jeff Geisling Title: President Bid Security: Bid Bond Addenda Acknowledged: I, 2, 3, 4, 5 19MO O ffi rabsm BT -3 enlH 1 $bU.UU $E COMMON EXCAVATION CY 1650 $14.00 $23,1( SUBGRADE EXCAVATION CY 1518 $10.00 $15,1f SELECT GRANULAR BORROW MOD (CV) CY 815 $19.00 $15,4E GEOTEXTILE FABRIC TYPE V SY 1631 $3.00 $4,85 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 $125.00 $1,25 AGGREGATE BASE CLASS 5 TON 1294 $18.00 $23,25 BITUMINOUS MATERIAL FOR TACK COAT GAL 85 $3.00 $25 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 155 $75.00 $11,62 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 206 $65.00 $13,35 IMPROVED PIPE FOUNDATION LF 100 $6.00 $6C 4" PERF PVC PIPE DRAIN LF 1236 $7.00 $8,65 CONNECT INTO DRAINAGE STRUCTURE (STORM) EACH 6 $5,000.00 $30,OC CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 14 $50.00 $712 8" PVC PIPE SEWER LF 70 $120.00 $8,40 10" PVC PIPE SEWER LF 20 $120.00 $2,40 12" RC PIPE SEWER DES 3006 CL V LF 66 $50.00 $3,30 15" RC PIPE SEWER DES 3006 CL V LF 115 $60.00 $6,90 24" RC PIPE SEWER DES 3006 CL V LF 63 $75.00 $4,72 30" RC PIPE SEWER DES 3006 CL IV LF 297 $95.00 $28,21 42" RC PIPE SEWER DES 3006 CL IV LF 208 $150.00 $31,20 SANITARY SEWER BYPASS IS 1 $1,000.00 $1,00 8" PIPE PLUG EACH 1 $100.00 $10 CONNECT TO EXISTING SANITARY SEWER EACH 2 $7,500.00 $15,00 CONNECT TO EXISTING STORM SEWER EACH 2 $3,500.00 $7,00 WATERMAIN OFFSET EACH 1 $5,000.00 $5,00 CONNECT TO EXISTING WATER MAIN EACH 3 $3,000.00 $9,00 HYDRANT EACH 2 $5,000.00 $10,00 6" GATE VALVE & BOX EACH 1 $1,700.00 $1,70 8" GATE VALVE & BOX EACH 6 $2,000.00 $12,00 6" PJC WATERMAIN LF 23 $60.00 $1,38 8" PVC WATERMAIN LF 648 $65.00 $42,12 DUCTILE IRON FITTINGS LB 402 $5.00 $2,01 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 1 $6,500.00 $6,50 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 4 $3,000.00 $12,00 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 3 $3,400.00 $10,20 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 4 $3,800.00 $15,20 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 1 $5,400.00 $5,40 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 1 $6,500.00 $6,50 5" CONCRETE WALK SF 837 $6.00 $5,02 CONCRETE CURB & GUTTER DESIGN B618 LF 984 $18.00 $17,71 TRUNCATED DOME PANEL SF 16 $62.00 $99 TRAFFIC CONTROL LS 1 $1.000.00 $1,00 DETOUR SIGNING LS 1 $1,200.00 $1,20 SIGN PANELS TYPE C SF 100 $14.00 $4,40 INSTALL SIGN TYPE C EACH 30 $125.00 $1,251 INSTALL SIGN TYPE SPECIAL EACH 10 $300.00 $3,001 STORM DRAIN INLET PROTECTION EACH 18 $200.00 $3,601 STABILIZED CONSTRUCTION EXIT LS 1 $2,500.00 $2,501 BOULEVARD TOPSOIL BORROW C/ 61 $30.00 $1,831 SODDING TYPE LAWN Sy 543 $10.00 $5,431 WATER FOR DUST CONTROL MGAL 200 $15.00 $3,001 CROSSWALK MARKING PAINT SF 150 $6.00 $901 TOTAL ALTERNATE #2 $504,159 BID SUMMARY: TOTAL BASE BID $3,640,101 TOTAL ALTERNATE NO. 1 $37,501 TOTAL ALTERNATE NO. 2 $5D9,151 Contractor Name and Address: Geislinger & Sons, Inc. 511 Central Ave. S., PO Box 437 Signed By: Jeff Geisling Title: President Bid Security: Bid Bond Addenda Acknowledged: I, 2, 3, 4, 5 19MO O ffi rabsm BT -3 Item 8.2 4/27/15 Council Meeting WIM April 27, 2015 Stantec Consulting Services Inc. 2335 Highway 36 West, St. Paul MN 55113 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Xylon Avenue North and 45th Avenue North Infrastructure Improvements City Project No. 944 Stantec Project No. 193802810 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on April 24, 2015. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of 1 Bids. The following summarizes the results of the Bid received: Contractor Total Base Bid Alternate 1 Alternate 2 Total Base Bid with Alternate 1 and 2 Low Geislinger &Sons, Inc. $3,640,108.00 $37,500.00 $504,159.00 $4,181,767.00 The low Bidder on the Project was Geislinger & Sons, Inc. with a Total Base Bid Amount of $3,640,108.00. The Total Base Bid Amount plus Alternate 1 and Alternate 2, is $4,181,767. This compares to the Engineer's Opinion of Probable Costs of $3,600,000. This Bid has been reviewed and found to be in order. Contract Award Options: If the City Council wishes to award the Project to the low Bidder, then Geislinger & Sons, Inc. should be awarded the Project on the Total Base Bid Amount of $3,640,108.00. If the City Council wishes to award the Project to the low Bidder, Geislinger & Sons, Inc., on the Total Base Bid Amount plus Alternate No. 1, then the Adjusted Total Bid Amount would be $3,677,608.00. If the City Council wishes to award the Project to the low Bidder, Geislinger & Sons, Inc., on the Total Base Bid Amount plus Alternate No. 2, then the Adjusted Total Bid Amount would be $4,144,267.00. Design with community m,, mind ® Sta ntec Project Name: Xylon Ave N. & 45th Ave N. Infrastructure Improvements (938015(0-emran.&m BT -1 Owner City of New Howe Minnesota City Project No.: 944 Bid Opening: Friday, April 24, 2015 at 10 A.M., CDT Stantec Project No.: 193802810 1 hereby cerNy that thIs& an er t 00' X,7i reprvdnctbn ofbids rcreived, Christopher W. Long, P.E. Lkense No. 47196 Bidder No. 1 BID TABULATION Gelslinger & Sons, Inc. Item Num Item Units Qtv Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $200,000.00 $200,000.00 2 CLEARING TREE 13 $400.00 $5,200.00 3 GRUBBING TREE 13 $200.00 $2,600.00 4 REMOVE RETAINING WALL LF 180 $25.00 $4,500.00 5 REMOVE WATER MAIN LF 3252 $2.00 $6,504.00 6 REMOVE SEWER PIPE (SANITARY) LF 1172 $2.00 $2,344.00 7 REMOVE SANITARY SERVICE PIPE LF 150 $1.00 $150.00 8 REMOVE SEWER PIPE (STORM) LF 1932 $12.00 $23,184.00 9 REMOVE CONCRETE CURB AND GUTTER LF 5405 $4.00 $21,620.00 30 REMOVE CONCRETE PAVEMENT SY 1150 $7.00 $8,050.00 it REMOVE BITUMINOUS PAVEMENT SY 11370 $4.00 $45,480.00 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 506 $4.00 $2,024.00 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 270 $5.00 $1,350.00 14 REMOVE CONCRETE SIDEWALK SY 3000 $5.00 $15,000.00 15 REMOVE HYDRANT EACH 6 $250.00 $1,500.00 16 REMOVE VALVE EACH 10 $IOOAO $1,000.00 17 REMOVE MANHOLE (SANITARY) EACH 6 $550.00 $3,300.00 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EACH 22 $250.00 $5,500.00 19 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 150 $7.00 $1,050.00 20 SAWING BITUMINOUS PAVEMENT LF 250 $5.00 $1,250.00 21 SALVAGE BENCH EACH 3 $100.00 $300.00 22 SALVAGE TRASH RECEPTACLE EACH 1 $100.00 $100.00 23 SALVAGE SIGN TYPE C EACH 18 $100.00 $1,800.00 24 SALVAGE FIRE STATION OPTICON TRAFFIC CONTROLLER LS 1 $2,500.00 $2,500.00 25 SALVAGE SIGN TYPE SPECIAL EACH 2 $100.00 $200.00 26 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 450 $30.00 $13,500.00 27 COMMON EXCAVATION CY 11050 $14.00 $154,700.00 28 SUBGRADE EXCAVATION CY 1500 $10.00 $15,000.00 29 SELECT GRANULAR BORROW MOD (CV) CY 8979 $19.00 $170,601.00 30 CONSTRUCT ACCESS ROAD LS 1 $10,000.00 $10,000.00 31 GEOTEXTILE FABRIC TYPE V SY 11450 $3.00 $34,350.00 32 STREET SWEEPER (WITH PICKUP BROOM) HOUR 20 $125.00 $2,500.00 33 AGGREGATE BASE CLASS 5 TON 10595 $18.00 $190,710.00 34 AGGREGATE SOILS CY 896 $40.00 $35,840.00 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 480 $3.00 $1,440.00 36 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 830 $75.00 $62,250.00 37 TYPE SP 12.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 106 $110.00 $11,660.00 38 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1940 $65.00 $126,100.00 39 IMPROVED PIPE FOUNDATION LF 160 $6.00 $960.00 40 30" RC PIPE APRON EACH 1 $1,600.00 $1,600.00 41 4" PERF PVC PIPE DRAIN LF 6537 $7.00 $45,759.00 42 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 57 $75.00 $4,275.00 43 8" PVC PIPE SEWER (SANITARY) LF 69 $120.00 $8,280.00 44 10" PVC PIPE SEWER (SANITARY) LF 1087 $120.00 $130,440.00 45 12" RC PIPE SEWER DES 3006 CL V LF 101 $50.00 $5,050.00 46 15' RC PIPE SEWER DES 3006 CL V LF 375 $60.00 $22,500.00 47 18" RC PIPE SEWER DES 3006 CL V LF 334 $75.00 $25,050.00 48 24" RC PIPE SEWER DES 3006 CL IV LF 294 $80.00 $23,520.00 49 30" RC PIPE SEWER DES 3006 CL IV LF 81 $95.00 $7,695.00 50 42" RC PIPE SEWER DES 3006 CL IV LF 641 $150.00 $96,150.00 51 36 EQUIVALENT ARCH RC PIPE SEWER DES 3006 CL V LF 309 $160.00 $49,440.00 52 SANITARY SEWER BYPASS LS 1 $5.000.00 $5,000.00 53 10"X6" PVC WYE EACH 8 $750.00 $6,000.00 54 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 8 $1,500.00 $12,000.00 55 6" PIPE PLUG (SANITARY) EACH 4 $100.00 $400.00 56 8" PIPE PLUG (SANITARY) EACH 1 $100.00 $100.00 57 CONNECT TO EXISTING SANITARY SEWER EACH 1 $7,500.00 $7,500.00 58 CONNECT TO EXISTING MANHOLE (SANITARY) EACH 3 $8,500.00 $25,500.00 59 CONNECT TO EXISTING STORM SEWER EACH 11 $3,500.00 $38,500.00 60 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1 $5,000.00 $5,000.00 61 6" PVC SANITARY SERVICE PIPE LF 298 $50.00 $14,900.00 62 6" PVC SANITARY SERVICE RISER IF 30 $50.00 $1,500.00 63 SANITARY SEWER INSPECTION LF 1525 $3.00 $4,575.00 64 TEMPORARY WATER SERVICE LS 1 $16,000.00 $16,000.00 65 IRRIGATION SYSTEM LS 1 $95,000.00 $95,000.00 66 WATERMAIN OFFSET EACH 3 $5,000.00 $15,000.00 67 CONNECT TO EXISTING WATER MAIN EACH 3 $3,000.00 $9.000A0 68 CONNECT TO EXISTING WATER SERVICE EACH 9 $750.00 $6,750.00 69 HYDRANT EACH 7 $5,000.00 $35,000.00 70 12' BUTTERFLY VALVE & BOX EACH 5 $2,500.00 $12,500.00 71 4" GATE VALVE & BOX EACH 1 $1,500.00 $1,500.00 (938015(0-emran.&m BT -1 Item Num 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 BID TABULATION COMMON EXCAVATION Cy 1650 SUBGRADE EXCAVATION Cy 1518 SELECT GRANULAR BORROW MOD (CV) Cy 815 GEOTEXTILE FABRIC TYPE V SY 1631 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 AGGREGATE BASE CLASS 5 TON 1294 BITUMINOUS MATERIAL FOR TACK COAT GAL 85 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 155 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 206 IMPROVED PIPE FOUNDATION LF 100 4" PERF PVC PIPE DRAIN LF 1236 CONNECT INTO DRAINAGE STRUCTURE (STORM) EACH 6 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 14 8" PVC PIPE SEWER LF 70 30" PVC PIPE SEWER LF 20 12" RC PIPE SEWER DES 3006 CL V LF 66 15" RC PIPE SEWER DES 3006 CL V IF 115 24" RC PIPE SEWER DES 3006 CL V LF 63 30" RC PIPE SEWER DES 3006 CL IV LF 297 42" RC PIPE SEWER DES 3006 CL IV LF 208 SANITARY SEWER BYPASS LS 1 8" PIPE PLUG EACH 1 CONNECT TO EXISTING SANITARY SEWER EACH 2 CONNECT TO EXISTING STORM SEWER EACH 2 WATERMAIN OFFSET EACH 1 CONNECT TO EXISTING WATER MAIN EACH 3 HYDRANT EACH 2 6" GATE VALVE & BOX EACH 1 8" GATE VALVE & BOX EACH 6 6" PVC WATERMAIN LF 23 8" PVC WATERMAIN LF 648 DUCTILE IRON FITTINGS LB 402 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 1 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 4 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 3 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 4 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 1 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 1 5" CONCRETE WALK SF 837 CONCRETE CURB & GUTTER DESIGN 8618 LF 984 TRUNCATED DOME PANEL SF 16 TRAFFIC CONTROL LS 1 DETOUR SIGNING LS 1 SIGN PANELS TYPE C SF 100 INSTALL SIGN TYPE C EACH 10 INSTALL SIGN TYPE SPECIAL EACH 10 STORM DRAIN INLET PROTECTION EACH 18 STABILIZED CONSTRUCTION EXIT LS I BOULEVARD TOPSOIL BORROW Cy 61 SODDING TYPE LAWN SY 543 WATER FOR DUST CONTROL MGAL 200 CROSSWALK MARKING PAINT SF 150 TOTAL ALTERNATE #2 BID SUMMARY: TOTAL BASE BID TOTAL ALTERNATE N0, 1 TOTAL ALTERNATE NO.2 Contractor Name and Addn Phc En Signed T Bid Sews Addenda Acknowledc Bidder No. 1 Geislinger & Sons, Inc. $14.00 $10.00 $19.00 $3.00 $125.00 $18.00 $3.00 $75.00 $65.00 $6.00 $7.00 $5,000.00 $50A0 $120.00 $120.00 $50.00 $60.00 $75.00 $95.00 $150.00 $1,000.00 $100.00 $7,500.00 $3,500.00 $5,000.00 $3,000.00 $5,000.00 $1,700.00 $2,000.00 $60.00 $65.00 $5.00 $6,500.00 $3,000.00 $3,400.00 $3.800.00 $5,400.00 $6.500.00 $6.00 $18.00 $62.00 $1,000.00 $1,200.00 $44.00 $125.00 $300.00 $200.00 $2,500.00 $30.00 $10.00 $15.00 linger It Sons, Inc. Central Ave. S., PO Box 437 1, 2, 3, 4, 5 18380281"e ae.x6m BT -3 JENSENSONDRALL PERSELLIN&W00DS $525 PARK, DINBROOK 4 -.261 ` BROOKLYN PARK, MINNESOTA 55443-19F>$ L _ 1 TELEPHONE (763) 424-8$11 ■ TELEFAX (763)493-5193 P.A., ATTORNEYS AT LAW wvvwJspwtaw.corn GORDON L. JENSEN' MELIWIE P. PERSELLIN°' STEVEN A. SONDRALL STAGY A. WOODS, 'Real Properly Law Specialist Certified By The Minnesota State Bar Association Licensed in Minors/Coloradc 30ualifiad Neutral Mediator under Rule. 114 May 12, 2015 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Xylon Ave. N. and 45`a Ave. N City Project No. 944 Our File No.: 99.10030 Dear Val: Writer's Direct Dial NO.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Infrastructure Improvements Enclosed please find four copies of the contract with Geislinger & Sons, Inc. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificate of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Si .rely, Stacy A. W ds, Assistant City Attorney, City of Ne Hope Enclosures cc: Steven A. Sondrall, City Attorney Bob Paschke, Public Works Director Chris Long, City Engineer 5111(2015 https:Hmblspoctal.sos.state.mn.usBLisiness/SearchDetai ls?5lirgGuid=28493029-9044-e011-a886-0D1ec941fe7f Minnesota Business and Lien System, Office of the Minnesota Secretary of State 3usiness Record Details » Minnesota Business Name Geislinger & Sons, Inc. Business Type Business Corporation (Domestic) File Number 2438970-2 Filing Date 07/25/2007 Renewal Due Date 12/31/2016 Number of Shares 100,000 Chief Executive Officer Jeff Geislinger 511 Central Ave S Watkins, MN 55389 USA Filing History Filing History MN Statute 302A Home Jurisdiction Minnesota Status Active / In Good Standing Registered Office Address 36854 654th Ave Watkins, MN 55389 USA Registered Agent(s) (Optional) None provided Principal Executive Office Address 511 Central Ave S Watkins, MN 55389 USA Select the item(s) you would like to order: Order Selected Copies Filing Date Filing Effective Date https:/Imblsportal.sm.state.mn.mBLisiness/SearchDetails?fi li ngWd=28493029-90d4e011-a88G001ec94ffe7f 112 5.1112015 hffps://mdsportal.sos.state.mn.islBusiness/SearchDetails7rilingGuid=28493029-9od4-eo11-a886-001ec94fFe7f 07/25/2007 Original Filing - Business Corporation (Domestic) 2/25/2013 Administrative Dissolution - Business Corporation (Domestic) 3/1/2013 Annual Reinstatement - Business Corporation (Domestic) Copyright 2015 1 Secretary of State of Minnesota I All rights reserved Mips l/m bisportal.sos.state.mn.usBisiness/5earchDetails?kl ingGuid=28493029-9044-e011-aBB& 001 ec94ffe7f 212 May 6, 2015 GEISLINGER AND SONS, INC. General Contractors Steve Sondrall Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443-1968 RE: Xylon Ave N & 45th Ave N infrastructure Improvements, New Hope, MN Dear Steven Sondrall.: 511 Central Ave. S. PO Box 437 Watkins, MN 55389 Phone — 320.764.2006 Fax — 320.764.2007 Enclosed are four (4) signed copies of the Contract Agreement and Performance Bonds/Payment Bonds. Also you will find our Certificates of Insurance. We look forward to working with you on a successful project. Please let me know if you have any questions. Sincerely, Geislinger and Sons, Inc. Jeff Geislinger President May 15, 2015 Mr. Jeff Geislinger Geislinger and Sons, Inc. PO Box 437 Watkins, MN 55389 SUBJECT: Xylon Ave N & 45th Ave construction - project 944 At its meeting of April 27, 2015, the New Hope City Council approved the contract with your company for project no. 944 for $4,181,767. 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 651-6044938 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Jeff Sargent, director of community development Chris Long, city engineer Shawn Markham, contract manager CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 h e e 4n �414culty&rands Company Charleston Aluminum Pole Granvillel� Premier 11 LED (GPD) Description The lighting post shall be all aluminum, one-piece construction, with a classic tapered and fluted base design. Materials The base and fluted tapered cast shaft shall be heavy wall, cast aluminum produced from certified ASTM 356.1 Ingot per ASTM B -179-95a or ASTM B26-95. The straight shaft shall be extruded from aluminum, ASTM 6061 alloy, heat treated to a T6 temper. The tapered shaft shall be extruded from aluminum ASTM 6063 alloy, spun to a tapered shape, then heat treated to a T6 temper. All hardware shall be tamper resistant stainless steel. Construction The shaft shall be double welded to the base casting and shipped as one piece for maximum structural integrity. The shaft shall be welded inside the base casting at the top of the access door, and externally where the shaft exits the base. All welding shall be per ANSIIAWS. Dimensions The post shall be X' -XX" in height with a 12" or 16" diameter base. At the top of the post, an integral tenon with a transitional donut shall be provided for luminaire mounting. Installation The post has an option to have four L -Type hot dip galvanized anchor bolts shipped with it. A door shall be provided in the base for anchorage and wiring access. A grounding screw shall be provided inside the base opposite the door. FIXTURE ATTRIBUTES. General The Granville® Premier II LED is designed for ease of maintenance with the electrical module common to Holophane's original GranVille Series. A percision optical system that maximizes post spacing while maintaining uniform illumination. Features and Benefits o Engineered LED system for maximum performance and reliability o Designed for use with original globes and housings maintaining familiar appearance o Optimized to meet existing lighting standards o Asymmetric and Symmetric distributions offer application design flexibility o Simple access to electronic driver and components for ease of maintenance Typical Applications o City Streets o Parks o Residential Areas o Campuses P Walkways o Parking Lots Finish/Material The luminaire Is finished with polyester powder paint, and, the luminaire housing is cast of aluminum. Luminalre Mounts to P07 (3X3) Tenon Configure Entire Pole Package Assmembly For Pole and Arm Combinations Catalog KHA 16 L5I 16 P07 LAB BZ R50A GPD 60 4k AS M Z 3 R C Z FCVR Z FGIUS_S DB Dwg. a HLP -36102 Page: 1 or 3 �A I11uf.>�Hnvrf e1�'i An "cultyBranus Cwrtpanp SPECIFICATIONS FIXTURE Grenville® Premier II LED (GPD) -(GPD 80 4K AS M Z 3 R C Z FCVR Z) Prefix: Gmn~ Premier It LED (GPD) Source 6 Wattage: BOW 400mA Driver Color Temperature: 4000 Series CCT Voltage'. Autc-Sensing (120-277V) Housing'. Modem Style - Swing Open Design Finish Bronze Optics. Asymmetric Type III Tmn. Ribs 6 Bands Finial: Clear Acrylic 3" Trim Finish: Bronze Covers: Full Cover Cover Finish: Bronze Dimming Driver: None Photoom"I Receptacle. None Dimming: None Photoconevis. None ROAM Dimming'. None Prewired Leads: None Decorative Bands: None House Side Shields: None Luminaire EPA. 1.26 Luminaire Weight: 47 POLE Charleston Aluminum Pole -[CHA 16 1-5J 16 P07 LAB 8Z R50A] Prelim Charleston, Aluminum Pok Height 16 feet (Actual Height. 1"') Shah Style: L5J Silel-ink 5.25 inch Fluted 25 wag Base. 16 inch Round Base Tenor. 3 X 3 Tenon Pok Mounting: Less antler bolts Finish Powder Coat Paint Finish, Bronze Breakaway Kit: None Breakaway Kit Finish: None Base EPA: 4.26066666667 Base Weight 50 ACCESSORY Weatherproof Receptacle, Height Mounted at 4'-2" -IFGIUS S DB] Receptacle Type: Small, In -Use Wet Location Cover Finish: Dark Bronze Your Assembly Wnd Load status. Paas Passed for wind speed: 90 MPH For further derails. review the Stwchnal Analysis Report, Catalog Number CRA 16 L6J 16 P07 LAB BZ R60A GPO 60 4K AS M Z 3 R C Z FCVR Z FGIUS S OR Type: Notes 11 Charleston Aluminum Pole Granville® Premier II LED (GPD) "0' '6_ _ -a- 90' 315` 45' Hand Hole is at 0 deg. 0' Cust �pDro_val: ( Job Name: Product Basket <---A IM1��f`(� /2 [�C _` ` \ �I' J J Client Name: si9nelvre data Created By: Brandon Smith Date: 12 -May -15 Catalog 4CHA 16 W 16 P07 UB BZ R50A GPD BO 4K AS M Z 3 R C Z Dwg. # HLP -36102 Page: 2 of 3 FCVRZ FGIUS SDe A HOLAPFIAM ��,pIF i, Ii�n,�i.�. `�,,, i An 114culty8rands Compaoy "HeiDht < 2' Onenlegon Feature Description 0' FGIU6 5 Da Recepladc The hand hole is located at zero (0) degrees. Height from bottom of base I anchor plate. Post Height CHA 16 L5J 16 P07 LAB BZ RSOA IF6'-0" CREEMT&8C®R ORKWOHO AnchoranelOrientation Plan Cuslb roval: �.y/ £� Job Name: product Basket 2ko 5 Client Name: signature We Created By. Brandon Smith Date: 12 -May -15 Cablog #CBA 16 "116 P07 U6 62 R50A GPD 60 4K AS X Z 3 R C Z CWg. # HLP -36102 Gage: 3 of 3 F R Z FGIUS_SIDE An "cuityBrands Company Charleston Aluminum Pole Annapolis Crossarm Granvilleg Premier 11 LED (GPD) POLE ATTRIBUTES. Description The lighting post shall be all aluminum, one-piece construction, with a classic tapered and fluted base design. Materials The base and fluted tapered cast shaft shall be heavy wall, cast aluminum produced from certified ASTM 356.1 Ingot per ASTM B -179-95a or ASTM B26-95. The straight shaft shall be extruded from aluminum, ASTM 6061 alloy, heat treated to a T6 temper. The tapered shaft shall be extruded from aluminum ASTM 6063 alloy, spun to a tapered shape, then heat treated to a T6 temper. All hardware shall be tamper resistant stainless steel. Construction The shaft shall be double welded to the base casting and shipped as one piece for maximum structural integrity. The shaft shall be welded inside the base casting at the top of the access door, and externally where the shaft exits the base. All welding shall be per ANSI/AWS. Dimensions The post shall be X' -XX" in height with a 12" or 16" diameter base. At the top of the post, an integral tenon with a transitional donut shall be provided for luminaire mounting. Installation The post has an option to have four L -Type hot dip galvanized anchor boles shipped with it. A door shall be provided in the base for anchorage and wiring access. A grounding screw shall be provided inside the base opposite the door. OROSSARM ATTRIBUTES. CONSTRUCTION The crossarms and wall brackets shall be one-piece construction. The arms shall be welded to a center spool. For wall brackets, the arms shall be welded to a flat wall plate. All welding shall be per ANSI/AWS D1.2-90. All welders shall be certified per SNSI/AWS D1.2-90 Section 5. MATERIALS The arms, finials, and center spool tenons, shall be heavy wall, cast aluminum produced from certified ASTM 356.1 ingot per ASTM B -179-95a or ASTM B26-95. The center spool and wall bracket mounting plate shall be aluminum, ASTM 6061 alloy, heat-treated to a T6 temper. All hardware shall be stainless steel. All exterior hardware shall be tamper resistant. INSTALLATION The crossarms shall slip -fit a post top tenon and attach with socket screws. The center finial shall be removable. The wall bracket shall have four 9/16" diameter holes for mounting to the wall. (Bracket mounting hardware furnished by others.) Both crossarms and wall bracket shall have 3" O.D. tenons for Luminaire mountingiRequires P08 Tenon FIXTURE ATTRIBUTES: General The GranVille® Premier II LED is designed for ease of maintenance with the electrical module common to Holophane's original GranVille Series. A percision optical system that maximizes post spacing while maintaining uniform illumination. Features and Benefits o Engineered LED system for maximum performance and reliability o Designed for use with original globes and housings maintaining familiar appearance o Optimized to meet existing lighting standards o Asymmetric and Symmetric distributions offer application design flexibility o Simple access to electronic driver and components for ease of maintenance Typical Applications o City Streets o parks o Residential Areas o Campuses o Walkways o Parking Lots FinishlMaterial The luminaire is finished with polyester powder paint, and, the luminaire housing is cast of aluminum. Luminaire Mounts to P07 (3X3) Tenon Configure Entire Pole Package Assmembly For Pole and Arm Combinations Catalog #CHA 16 L53 16 PD8 LAS BZ R50A GPO 80 4K AS M Z 3 R C 2 FCVR Z FGIUS 5 DB ACA/2 CA DBH Dwg. # HLP -36103 Page: 1 of 3 HOLOPHA II414�III \rRF l l' ' An "WityBrands Canpany SPECIFICATIONS FIXTURE Granville® Premier II LED (GPD) -[GPD BO 41K AS M Z 3 R C Z FCVR Z) Prefer: Granvilel) Premier II LED (GPD) Source 8 Wattage: BOW 400mA Driver Calor Temperature: 4000 Series CCT Voltage: Auto -Sensing (120-2T7V) Housing: Modem Style- Swing Open Design Finish: Bronze Optics: Asymmetric Type 111 Trim: Ribs 8 Bends Finiek Clear Acrylic 3" Tom Finish: Bronze Coven: Full Cover Cover Finish: Bronze Dimming Driver: None Pholocontral Receptacle: None Dimming: None Photocontrds: None ROAM Dimming: None Prewired Leeds: None Detonative Bands: None House Side Shields: None Luminaire EPA: 1.26 Luminaire Weight: 47 ARM I MOUNTING BRACKET Annapolis Series Crossarm; Oriented at 0 degrees. -[ACA/2 CA DBH) Prefix: ACA/2 (Two at 180) Material Type: Cast Aluminum Finish: Dark Bronze Optional Finial: None Arm EPA: 1.32 Arte Weight: 16 POLE Charleston Aluminum Pole •ICHA 16 L5J 16 POB LAO BZ RSOA) Prefix: Charleston, Aluminum Pole Height: 16 feet (Actual Height: 16'-0") Shaft Style', L5J SiteLink 5.25 inch Fluted..25 wall Base. 16 inch Round Base Tenon: 3 X 6 Termn Pole Mounting: Less anchor bolts Finish: Powder Coat Paint Finish, Bronze Breakaway Rit: None Breakaway Kit Finish: None Base EPA: 4.26066666667 Base Weight: 50 ACCESSORY Weameryroof Receptacle. Height Mounted at 4'-2" •[FGIUS S DBI Receptacle Type: Small, In -Use Wet Location Cover Finish'. Dark Bronze V Catalog Number CHA 16 LSJ 16 P08 LAB BZ RSDA GPD 80 4K AS M Z 3 R C Z FCVR Z FGIUS_S DS ACAJ2 CA DBH Type- Notes Charleston Aluminum Pole Annapolis Crossarm Granville® Premier 11 LED (GPD) 0 Hand Hole ie at 0 deg. 0' Job Name: Product Basket Client Name. 917 dale Created By: Brandon Smith Date: 12 -May -15 QIZI g #CHA 1615116 PDB U 1 a2 RSOA GPD 80 4K AS M 2 3 R C 2 FCVR Z FGFUS S DS Arra/2 G DSR Dwg. #HLP -36103 Page: 2 of 3 IiOL+OPMANE' UL4UI:k I% LRd❑ No xq t910vI An SlcultyBrands Company 'Height a' 2• Onenlabon Feature Desapton o FGIUS a DS Receptacle The hand hole is located at zero (0) degrees. Height from bottom of base / anchor plate. Post Height CHA 16 L5J 16 POS LAB BZ R50A Job Name' product Basket Client Name: ORIER"TA DOV DRAWENGs AncAoraee/Orlerltatlon Plan 164' T615 D' slB . M. Created By: Brandon Smith Date: 12 -May -15 CaMIo SCM 16 L57 16 PDB tA8 SZ RSOA GPD RD U A3 M 2 3 R C 2 Dwg. k HLP -36103 Page: 3 of 3 KVRZ FG[US_S DB ACA/2 CA DBH Maximum weight - 64 lbs m,5.z5 Maximum effective projected area - 1.38 sq. ft. 0 FIN A (OPTIONAL? , , 1 }� PRISMATIC J •® GLASS REFLECTOR •ti CAST ALUMINUM RIBS IovnoNa) � � L 98fN' CUBS REFRACTERNEIGHT �HEIGHTLM )FIZ�R HOUSINGSETSCREWS9.IP <F O� GPD 80 4K AS M Z 3 R C Z FCVR Z U =) G.^D ---186— 51E--AS hf 8-..-.--_.—_ #_ __ —9 G w Q Z HouslHc Y GPD FPREMILERER UTIL ILRY AS•AVTOSENSNG ® VOLTAGE �z SWRCEA WATTAGE 120THRUZTTV HOUSING COLOR OPTICS NIAI Fn¢ at BALLAST (lED DRIVER) NII ` OSENSI A • AS SPECIFIED 3.IES TYPE III • BALL VOLTAGE E 0 100•t00W[325m4� B=BUCK dSTRBUIION •GLEN BO • BU W IO2ulw1 (30T THRU dB0 V) LL ! N: GREEN • • EAGLE . w dTOrlw Dt • 130, 30BV DLC u p Z nu 1 1 2: =FLOWER APPROVED IN ASTIAMETRIC d0=OOWI2f5,n4) 8•ASYMMETRIC =NONEDE•240,2TNDLC APPROVED LUNAR OPTIC -PAMN i,(AVAILABLE =CROSS=STANDARDCMORTEMPERATURE HOOMN ONLY) • ROM CROSS >< O3K- WDKCCT• E �&•SYMMETRIC W�F Q. ILK= 4WD NCg SWNG OPEN SIGN] LUNAROPTIC COLOR R8 Q SK=5005KCCT T•LEAFSTYLESWNG (AVAILABLE A=ASSPECIFIED P OPEN DESIGN INSOVl.S1N, B•BUCK —W ONLY) G.G= Z•BRONZE C 4yzn �� $�� pp �a +L�-xTRMw1Oc;,[M W FINIAL G�i�C� �g E} TRIM CaEx� lit YE CB6�35�LOi y $CEO iip ES■Y���•ya• 7£ I F=FULL COVER €`� R (I W W AB, AH VOLTAGE 40, 60, 00W AB WLTA6E ONLY) 66B 3 F Mm 1M OPTIONALCOVER qg y• >< NEW, X • NEIN TWISROLK PNOTOCONTROL RECEPTACLE 23€ d �3BFB PND - BLU CONTROL PROVIDED FOR PARTNIGHT dMMING IOMN. SOW, AND SOON I3 M ONLY) PCS • DTL TWISTLOCK PHOTOCONTROL FOR SOLID STATE PBC = SHORTING CAP LIN • I A FEET OF PREWIRED LEADS L03.3 FEET OF PREWIRED LEADS LI0 a 10 FEET OF PREWIRED LEADS LW- W FEET OF PREWIRED LEADS L25.25 FEET OF PREWIRED LEADS ACCESSORIES 00. W FEET OF PREWIRED LEADS GVBANDX I DECORATIVE SAND INSERT TRIM RMSH FOR •I DE - RWM CONCIERGE DIMMING CONTROL a C3 GVOHSS1p•HWSE SIDE SHIELOSOLIDWDEGREE VE=ROAMVIEWDIMMING CONTROL •- d GVOHSSI2 = HOUSE SIOE SHIELD SOLID 120 DEGREE Q. GVDHSSIS • HOUSE SIOE SHIELD SOLID ISO DEGREE = N Uj 0 M i! J z2 # W p W Q 0 O 0 0 0 1 oft RIBS 4 SANDS WYFIELDCOVER NO TRIM OPTIONS FULL COVER MAYFIELD COVER NO TRIM NO TRIM FINIALS f� A PAWN CAS' til STANDARD ROMAN CROSS RA11_ CLEAR EAGLE FLOWER Specifications GENERAL DESCRIPTION The GranVille It LED Utility is designed for ease of maintenance with the plugdn electrical module Common to each of the luminaires in Holophane's Utility Luminalre Series. The traditional Boom shaped luminaire, while reminiscent of the 1920'6, conlalns a precision optica system that maximizes post spacings while maintaining uniform illumination. OPTICAL SYSTEM The optical system Consists of a precisely molded thermal resistant borosilicate glass refractor and top reflector mounted within the decorative aluminum housing. The glass top reflector redirects over 50% of the upward light Into the controlling refractor white allowing a soft upllght component to define the traditional acorn shape of the luminalre. Two decorative aluminum covers are available. The lower refractor uses precisely molded prisms to maximize pole spacings while maintaining uniform illuminance. Two refractors are available, designed for I.E.S. type III and V distributions. Lunar optics shielding is available for asymmetric and symmetric distributions. LUMINAIRE HOUSING The luminaire housing, cast of aluminum, provides an enclosure for the plugdn electrical module. Four uniquely designed stainless steel spring dips enclosed in a dear polyvinyl chloride sleeve and adjusted by hex head 1/4-20 bolls securely Cradle the prismatic glass refractor. The same 1/4-20 bolts support the decorative rib and banding assembly. The slipidter will accept a 3' by 2.7/8' to 3.1/8' O.D. tenon. LUMINAIRE HOUSING I DOOR Cast of aluminum, the housing opens with minimum use of tools and is retained on a hinge. For units with an E.E.I: N.E.M.A. twist lock photocell receptacle, the housing contains a "window' to allow fight to reach the cell. ELECTRICAL MODULE The electrical components are mounted on a aluminum plate that is removable with minimum use of tools. A matching five conductor plug Connects to the receptacle In the luminaire housing to Complete the wiring. For photoelectric Operation, the electrical module is provided with an E.E.I: N.E.MA. twist lock photocell receptacle. FINISH The luminalre Is finished with polyester powder paint to Insure maximum durability. WARRANTY Limited warranty located at www.acuitybrands.com/CustomerResources?erms_and_mndi8ons.aspx NOTE Actual performance may differ as a result of end-user environment and application. Actual wattage may differ by +10% 1-10% at operating temperature. 60W 347. 80V version wattage may differ by +14%1-14% at operating temperature. Specification subject to change without notice. 13 J r MINES ®w\ W tri \V L 0 T- 1 40" 011.5" - Z CH O � Pmt W 0 CR%Guide Q U.Z I it. LW 8 LW Bue Orly Shah Style O 4.5" L4E 4" Dia. Smooth 3"4" Dia. Tapered S4C & SO T4C r 5.25" L5J 5" Dia. Smooth 3"-5" Dia. Tapered S5J T5C '.Ikwj / .a Fluted Dia. Fluted A POvI•`PULE CAP P12: 3' O.D. X IT LG, ABC Aruba, Bowe BK=Bleck GR-GW (TMP4i0) o P13.7 O.D. X 8' LG, crr I s Ma7raiM He t Shah S LAB • Less Anchor A•AMritum SL • SIN., F INA .125Wetl P09.3'O.D.%SLG. P15.3.5'O.D.Xa'LG. O9.9 W DlA.FIaIN F/J • 4' dA FMN. ]5 Wee p MPn05) 10. 1g FW • 5- dA Fluted, 2!5 Well =D1r•aeprtl9esd GN•Green 11.11' 19%19' L4E % Sw•L1nk4.SFMN,_ 1MWaw S PT1 • VOC Nate 2.12 20.20' 1rgy) (ITBaa O3.13' 21.21' LSJ • • ffi' wall n 14 • 14. 22.22 W • SwalM 5.75' FMN, 23' Mall Iru.b.•crest s¢Le x/roJar Base F Tenon S4C•4 dASmodh,.125Wall S4J • /' DIA Smooth .25 Well SW S' dA. moMh, 25 We11 T4C • 3-b 4' DIA Teperod..125 Wan TSC • 3-b 5' DIA Tapered.. t25 Mound Finbh 12. 1T Round POvI•`PULE CAP P12: 3' O.D. X IT LG, ABC Aruba, Bowe BK=Bleck GR-GW (TMP4i0) • P13.7 O.D. X 8' LG, crr BD • Oad Nus PP. Mme PetnW L/E • TMP4gp01 NI iO'D. X Y LO- P14. 3. O.D. X A' LG. LAB • Less Anchor B2 • 8— SL • SIN., 16. 1SRaMM P09.3'O.D.%SLG. P15.3.5'O.D.Xa'LG. BW GH %GreDNle WH•Wnwe MPn05) P09.3'OA.%SLG. P18. 4,5' O.D.XISLG. =D1r•aeprtl9esd GN•Green TMP4 P1O. 3' O.D. X P LG. PT1 • VOC Nate GMvadxd • St" Pit • 4.390.0. x 17 W. (1T Base • AD8B= Iru.b.•crest s¢Le x/roJar (16"Be. -ADSWIN options SPECIFICATIONS • rg�ovisiowem.. DESCRIPTION WDAPBRKWYKITX%•BREAKAWAY KR RXXXY' • fleupWde goHeian. The gghling post shall be a1 alur inum, 0n"lem construction, with a classic tapered and fluted base design. stoo w • anew prwlw°n MATERIALS Fall• Gin receptacle in base The base and fluted tapered rest Shah shad be heavy wall, test aluminum produced from cerglled ASTM 356.1 Ingot par ASTM &179-95a or ASTM 826-95. The straight shafts Mail be extruded from aluminum, ASTM 6061 alloy, heat treated to a TG temper. The tapered shaft shall be extruded from aluminum, ASTM 6063 alloy, spun to a tapered shape, then heat treated to a T6 lemper. All hardware Shag be tamper resistant stainless steel. Anchor bolls to be completely hot dip gahranized. CONSTRUCTION The shah shag be double "load to the base casting and shipped as one piece for maximum structural Integrity. The shah shag be welded frokle the base casting at the top of the access door, and externally where the shaft exits the base. All welding shall be per ANSIJAWS DIMENSIONS The post shall be X -XX- in Might with a W' or t 6" i iamear base. The shaft diameter shall be W. At the top of toe poet, an intagal tenon with a transitional donut shall be provided for luminaire mounwng. INSTALLATION The post shall be provided with four, trot dip galvanized L -type anchor bogs. A door stall be provided In the Was for anchorage and wiring access. A grounding screw shall be provided inside the base opposite the door. Replau'XXX- van height I. Brod. anted.), can be up 10 3 dgita. Must use whda numbers. taadyg a•rM are not used. Replace Y Wm dbMalun true, land hde (A=O. 6.90. C•180. D•270). AN mulB(Je provlMmR ere necessary bcpver each lacalbn. Must vMidate EPA restrictions fpr banewe �K qEi HIM,844g>pa Flo C4dELeip ��k 61101 ANCHORAGE GUIDE 160` 017.5" 06.0" BOLT -CIRCLE 06.0" OL / OPENING v V 1 Q.I 270" - - 90` � as I 2" � •~ L4E SHAFT HANDHOLE PROFILE CHA 111 U Q LOCATION 12" �-.-! Hot Dip Galvanized L -type Anchor Bolls (4 per Post) +�+ L � 80' 012" ` O 016" BOLT -CIRCLE Q 09" OPENING / ® zc I oVP If 270 -+— -so Ff 0yy�8 I / / �f I � :' JaO HANDHOLE LOCATION �� BOLTO-CIRCLE T CHA t6" 016" }$k �•ppsz 0" Hol Dip Galvanized£3'2'B L -type Anchor Bottse}pja (4 per Post) $�g� I�¢ ev�HyM$ �aSays��� k p. n€yi 016" 180° 07'Boll Circle E BASE$,g H / 11 270 - I - 90' co \\ s. co S2J r' � X00 Y 09" SileLink 16" a HANDHOLE 0 OPENING," l D 0 3/4" or 1" m Z 3 (D LOCATION Hot Dip Galvanized p p. L -type Anchor Bolts O o Q O 3 o (4 per Post) 2 Of z ow H� x U d F4C H F4J FW L4E S4C 8 S4 55J T4C T5C t5 00 U Q Q oma s�? �Q= R e EDw �e@yyygQ 33 iiga. [�4�f�{yFe i --i- 0,60' �°tlge}°FSB F4C 6 F4J FW SIC 8 54J SSJ T4C TSC ..'e i € e491511We (lift ty YY (�L g FXL:Sm.11H�:� h Q = M U J' Yea w CLi .. U e+e.m o1 o�000 S 3of3 • Ground Fault Circuit Interrupter Receptacles. • Test/Reset buttons on face of receptacles. • All Cast Aluminum Covers. Not Plastic. (Paintable to match post color). • Weatherproof "While in Use" covers in two sizes. Post Shaft Duplex Receptacle with ... - ,rtupter 2 318" 33/8' r 1 3/4" Wet Location when dosed Cover Duplex Receptacle with Ground Fault Interrupter Small, Wet Location while in use Cover (for use with two 318" max. dia, cords) Duplex Receptacle with Ground Fault Interrupter 'j Large, Wet Location while in use Cover (for use with two 1/2" max. dia. cords) Weatherproof Receptacles External, Post Shaft Location External receptacles are typically installed above pedestrian level for special event uses and docorative seasonal lighting. *Receptacle with Wet Location While Closed Cover Catalog part # FG-SXXH 2 7/8" SPECIFICATIONS 1 A 20 amp, 125 volt, ground fault circuit interrupter duplex receplade T shall be mounted in the post The receptacle shall be UL Listed 41/2- according to E-48380 and UL 943 Class A and UL 498. The receptacle shall have a cast aluminum, UL Listed cover that is �) suitable for wet locations while not in use. The receptacle and cover _ shall mount to an outlet opening, in the post shaft, with a gasket and stainless steel screws. o Receptacle with Small In -Use Wet Location Cover Catalog part # FGIUS-SXXH A 20 amp, 125 volt, ground fault circuit interrupter duplex receptacle shall be mounted in the post. The receptacle shall be UL Listed according to E-48380 and UL 943 Class A and UL 498. The receptacle shall have a cast aluminum, lockable, UL Listed cover that is suitable for wet locations while in use and complies with NEC Article 410-57(b). The cover shall accept most common cord sets up to 3f8" diameter (14/3). The receptacle and cover shall mount to an outlet opening, in the post shaft, with a gasket and stainless steel screws. -Receptacle with Large In -Use Wet Location Cover Catalog part # FGIUL-SXXH SPECIFICATION A 20 amp, 125 volt, ground fault circuit interrupter duplex receptacle shall be mounted in the post. The receptacle shall be UL Listed according to E-8380 and UL 943 Class A and UL 498. The receptacle shall have a cast aluminum, lockable, UL Listed cover that is suitable for wet locations while in use and complies with NEC Article 410-57(b). The cover shall accept most common cord sets up to 112" diameter (12/3). The receptacle and cover shall mount to an outlet opening, in the post shaft, with a gasket and stainless steel screws. A NOLOPHANE'xAn "4cuityBrandsCompany LEADER W LIGHTING SOLUTIONS 214 OAKWOOD AVENUE -NEWARK, 019043055 For information on specifying orientation and mounting heights see Orientation Guide in the back of the Accessories section in the catalog. US -2407 - �,\���.\ S �/ It 'eRhke"'� ELECTRICAL EXIT byHOLOPHANE AFTER INSTALLATION DELIVER THIS 2 INSTALLATION MANUAL TO OWNER IMPORTANT SAFETY WARNING - READ THESE INSTRUCTIONS CAREFULLY BEFORE ATTEMPTING TO INSTALL OR MAINTAIN THIS FIXTURE. WORK MUST BE DONE BY QUALIFIED PERSONNEL. WARNING - BE CERTAIN THAT ALL ELECTRICAL POWER IS DISCONNECTED FROM THE FIXTURE BEFORE INSTALLING OR MAINTAINING THE FIXTURE. FAILURE TO FOLLOW THESE WARNINGS MAY RESULT IN DEATH, INJURY OR SIGNIFICANT PROPERTY GR40079 1 INTRODUCTION 1.1 Product Description. • Electrical exit casting to allow wiring into interior channels of pole. • Provide wire exit from auxiliary channel (3" radius on cord up to .27" diameter). 1.2 Alternate Information Sources. Holophane Field Service Department P.O. Box 3004 Newark, OH 43058-3004 (666)759-1577 Installation Manual 2.1 Tools and Materials Required. TABLE 1. Installation Tools and Materials DESCRIPTION USE 5/32" Hex security driver Mounting screws 8" Crescent wrench Cord Grip Fish tape Running wire Debuning tool Deburr #7 Drill bit Mounting holes 'h"-20 Tap Mounting holes 7/8" Drill bit Wire hole 2.2 Arm Assembly Installation 2.2.1 Make a copy of the template in figure 5. Measure the dimensions shown in figure 5. Verify the template is to scale and cut it out. Fold slightly along dotted line in center of template, for easier positioning in corner. If dimensions are not accurate, use dimensions as a guide to manually locate hole positions. 2.2.2 Position template so that the large hole is where you want the wire to exit/enter the pole. Mark the location of the Iwo mounting holes, drill and tap to Y4"-20 UNC -213, see figure 1. Mark and drill the wire hole to 7/8" diameter. Deburr both inside and outside of the wire hole. Figure 1 NTING D UNC -26 HOLE GR4UNU 2.2.3 Remove the backing from the gasket and attach it to the backside of the casting (side marked with "PT40014"), see figure 2. Be sure to align the mounting holes and the center hole should be down. IM40O13 Figure 2 OR40001 2.2.4 Align the casting to the pole with the top facing up. Attach the casting to the pole with the two mounting screws, see figure 3. Tighten both screws until the back of the casting contacts the pole. This will provide the appropriate gasket compression. Figure 3 Figure 4 RUT IR IR4 GRIP GRW82 GR40003 2.2.5 The threaded end of the cord grip installs into the threaded hole in the casting, see figure 3. It can be tightened using the crescent wrench. 2.2.6 Loosen the knurled nut on the end of the cord grip, see figure 4. Pull cable through cord grip and tighten knurled nut. Figure 5 4.13 1.20—►{ Gn40084 Ilk— sitEiln�K0 ARURY 1.101HIM Group. Inc. 214 Oakwood Ave., Newark, OH 43055 IM400131107 W007 Acuity Ugtding Group Inc. wslr our web Sae el www.hONNNU . Printed in USA IM40013 Street Sign Bracket The Custom Street Sign Bracket attractively secures larger street name signs in a manner that allows viewing from either side and takes advantage of existing post structures. The Custom enhanced wing bracket provides horizontal support 24 inches along the blade versus 14 inches with our standard #8 wing bracket. It features a slot wide enough to accomodate both flat and extruded street name signs. Signs are secured with three 5/16" standard set screws at critical points along the sign. The bracket also features a wider contact area where the bracket mounts to the pole, and channels to accomodate up to two trac nuts �'onZ� Co ion 2M An ileultyaiands Cainpany I bj 1wty-Z)eD bj� aUai A wr► BeloO Ai• a �nmc sm r r mn.. Orientation Drawing For pole styles: (A) Barrington (20" CI) Delaware Bradford Dunwoody Charleston Grovetown Chesapeake Hamilton Columbia Kentwood Manchester Princeton Mount Vernon Rockford Nicoma Park South Gate North Yorkshire Wadsworth teo' 225' 535' 27V D - �, 315' 15' Catalog Number/Description Height Orientation Basic Pole # CRA 16 L5J 16 P07 LAB BZ Pole Height Catalo # 16FT Sign CUSTONIMOPROVAL( Date Order # Type Catalo # FGIUS-BZ 50" 0 DEG Description IN USE RECEPTACLE - BRONZE ...__._.....__. Catalo # HANDHOLE LOCATION 0 0 DEG Descri tion Catalo # Descri tion Catalo # Descri lion ...._.._....... Catalo # Descri tion Catalo # ...................... Desai tion Basic Pole # CRA 16 L5J 16 P07 LAB BZ Pole Height Catalo # 16FT Sign CUSTONIMOPROVAL( Date Order # Type Maximum weight - 64 lbs 015,25- Maximum effective projected area - 1.38 sq. ft. roll FINULL '--; t (OPTIONM) L PRISMATIC Belo ME GLASS REFLECTOR eels LAST ALUMINUM RIBS eee� (OPTIONAL) O¢ W w1. PRISMATIC eee� 39 GU55 REFRACTER INA NOMINAL HEIGHT i L LUMINAIRE HOUSING rvn SET SCREWS W ` N / LL • SLI FOR FOR 3.0 < O TENON OGPD804KASMZ5RCZFCVRZ P S O HOUSING O IIPREMIER UT— F AS •AUT0.AENS8IG ~ a VOLTAGE SOURCES WATTAGE 1201NRU 2TrV HOUSING COLOR OPTICS AL Ep d. BMLAST ILEDGRMER) µ• RCFSEENS2M A=AS SPECIFIED 3=IES TYPE III c5 0 t0U=IWW525rM B=90W(42pmy WTHRU 480 V) U. N=GREEN 5•IESTYKV �bffzbOwDt•120,208VDLC OiSTRIBVTNHi FLOWER40 APPROVED tR •40 W 1215m4) .wNONEOMPROVE2TNDLL PANT!Z LUNAR OPTIC (AVAILABLE CROSSCOLORTEMPERATURE MIDMDW IN W W. W W. R HOUSWG40W ONLY) ROMCROSS r 3K•30W NCCT • 8-SYMMETRX4K- W MKCCT SWING OPEN DESKiN LUNAR OPTIC COLOR �Qg SK=SOW NCCT O T-LEAFSME (AVAILABLE A•AS SPEGFlED qq OPEN DESIGN IN WW, BOW, B=BLACK yy 40W ONLY) G • GOLD N•GREEN B 2 2•BRaaE g£g• ND FMIM �sISEgi4�Ya @@@ yz 7 TRIMJR=RIBSABAXD``�FQ 8 Y; a�iSBB' MUMPS F•'IAL DOVER p��wFS R (Ip AS. AH VOLTAGE 40, W, BOW A5 VOLTAGE ONLY) OPTO CR M • MAYFIELD 1R OVE p( e H= NEMA TWISTLOCK PHOTOCONTROL RECEPTACLEYdSBi;'38 PING - BLC2 CONTROL PROVIDED FOR PART GHT DIMMING (QW, WW, AND 80W 120.2M ONLY) PCS • DTL T WISTLOLK PXOTOCONTROL FOR SOLID STATE PBC= SHORTING CAP LIH • 1S FEET OF PREWIRED LEAGS LIM - 3 FEET OF PREWIRED LEADS 1.10.10 FEET OP PREWIRED LEADS 1.20 = 20 FEET OF PREWIRED Lf:ADS 1.25.25 FEET OF PREWIRED LEADS ACCESSORIES L3D• W FEET OF PREWIRED LEADS GVBAND% a DECORATIVE BAND I..A1 IPu FIMS FOA%I DE=ROAM CONCIERGEDIMTNG CONTROL GVDHSSSO= HOUSE SIDE SHIELD SOLID W DEGREE V 0 DIMMING VE = ROAMWEW DIMMING CONTROL GVDX5512 •HOUSE SIDE SHIELD SOLID 120 DEGREE OVDHSSIB - HOUSE GIDE SHIELD SOLID 1 W DEGREE = 7 N � � # J W W W 2 3ui� a o o 0 1 of 2 FINIALS A W PAWN J r— •r_ jr_ CLEAR CROSS agar. L •ate a� ^T STANDARD EAGLE w RIBS 6 BANDS BAND ONLY 4 FULL COVER HAYFIYFI COMEELD COVER �� I/�1 taan� FLOWER ROMAN V CROSS W O O wO ® �[ Cp NO TRIM OPTIONS FULL LOVER MAYFIELD VER NO TRIM NO TRIM NOTRIM Specifications �UU(ddr GENERAL DESCRIPTION C f� The Gran Ville II LED Utility is designed for ease of maintenance with the plug -In electrical module common to each of the luminaires in Holophane's Utility Luminaire Series. The traditional atom shaped luminaire, P while reminiscent of the 1920'x, contains a precision optica 6¢ system that maximizes post spacings while maintaining uniform illumination. OPTICAL SYSTEM Y i The optical system consists of a precisely molded thermal resistant borosilicate glass refractor and top reflector mounted within the decorative aluminum housing. The glass top reflector redirects over 50% of the upward light into the controlling refractor while allowing a w soft uptight component to define the traditional atom shape of the luminaire. Two decorative aluminum covers am available. The lower refractor uses precisely molded prisms to maximize pole spacings while maintaining uniform illuminance. Two refractors are available, designed for I.E.S. type III and V distributions. Lunar optics shielding is available for asymmetric and symmetric distributions. LUMINAIRE HOUSING Els K �gt���®g s9a EJje)? z The luminaire housing, cast of aluminum, provides an enclosure for the plug-in electrical module. Four uniquely designed stainless steel spring clips enclosed in a dear polyvinyl chloride sleeve and adjusted by hex head 1 M-20 bolts securely cradle the prismatic glass The g �"8•g �$L refractor. same 1/4-20 bolts support the decorative rib and banding assembly. The slipt'itter will accept a 3' by 2-Vll" to 3-1/8"O.D. LUMINAIRE LUMINAIRE HOUSING J DOOR Cast of aluminum, the housing opens with minimum use of toils and is retained on a hinge. For units with an E.E.I: N.E.M.A. twist lock 9 MINI MINI Y photocell receptacle, the housing contains a'window to allow light to reach the cell. E 1 ELECTRICAL MODULE The $ 3HIM electrical components are mounted on a aluminum plate that is removable with minimum use of tools. A matching five conductor @g plug connects to the receptacle in the luminaire housing to complete the wiring. For photoelectric operation, the electrical module is provided with an E.E.I: N.E.M.A. twist lock photocell receptacle. Fd8€ i FINISH 3@ The luminalre Is finished with polyester powder paint to insure maximum durability, WARRANTY Limited warranty located at www.awitybrands.wmICustmerResourms/Terms-arid-mndkions.aspx NOTE Actual performance may differ as a result of end-user environment and application. Actual wattage may differ by +10% /-10% at operating temperature. 60W 347-480V version wattage may differ by +14%/-14% at operating temperature. Specification subject to change notice.3 N ap O without 0. Yoi 6Lii3 J 000 2 AFMA[ OUS Series Crossarms & Wall Bracket (}—I T O.D. a 3- 11 4.5- f -I High Tenon (tygwD w.'enlel/wl one ❑ ACA12 two 0 ACA12T x t2' �6'Wee 0 ACA13 three aaidetW four 0 ACAM Mwho, 10.6' five pate (4)5'16' 0 Hoke O--0 aiewerron 20' Imo— is Cerner Firtial —7+' I 12' 0" D wNnfagon ACA/2 (two at 180") ACA13 (three at 120°) ACA/4 (tour at 904) 1- 135' 11 AWB (one way wall mount) (Nola: Dhhii vons 0-0-0 bpcp fix A Series). ACA12T (two at 180° w/ one at center) r�I ACA13T (three at 120° w/one at center) r —L ACA14T (four at 90" w/ one at center) CONSTRUCTION The crossarms and wall brackets shall be one-piece construction. The arms shall be welded to a center spool. For wall brackets the arms shall be welded to a flat wall plate. All welding shall be per ANSI/AWS D1.2-90. All welders shall be certified per ANSUAWS D1.2-90 Section 5. MATERIALS The arms, finials, and center spool tenons. shall be heavy well, cast aluminum produced from certified ASTM 356.1 ingot per ASTM B -179-95a or ASTM B26-95. The center spool and wall bracket mounting plate shall be aluminum, ASTM 6061 alloy, heat treated to a T6 temper. All hardware shall be stainless steel. All exterior hardware shall be tamper resistant. INSTALLATION The crossarms shall slip -fit a post top tenon and attach with socket set screws. The center finial shall be removable. The wall bracket shall have four 9/16" iia. holes for mounting to the wall. (Bracket mounting hardware furnished by others.) Both crossamis and wall bracket shall have 3" O.D. tenons for luminaire mounting. For finish specifications and color options see "Finish" section in catalog. ORDERING GUIDE Arms & Bracket Number of Catalog V Luminaires Reguired O AWB one ❑ ACA12 two 0 ACA12T three 0 ACA13 three 0 ACA13T four 0 ACAM four ❑ ACA14T five Material / Finish 0 -CA/BK astAWmlAlack 0 -CA/DB Cast Bronze -Cast ast Alumivarrk een 0 -CAIPP Cast Alum/Pnme Painted 0 -CA/CC Cast Alum/Custom Color LEADERIN LIGHTING SOLUTIONS An RticullyBrandsCompany 214 OAKWOOD AVENUE -NEWARK, OM0 4)055 US2001 44" 2 CH 0 QPost 0 cit • cn.ros LL Z 44' 015" (.. LW s LW Base Orgy 3••4•' Dia. Tapered T4C 5" Dia. Smooth S5J 3"-5" Dia. Tapered T5C 4" Dia. Fluted F4C & F4J z 0 W x U A Shaft Style LSJ ABG a A.W, Scale 4.5" L4E 4" Dia. Smooth OMP -0) S4C & S4J 3••4•' Dia. Tapered T4C 5" Dia. Smooth S5J 3"-5" Dia. Tapered T5C 4" Dia. Fluted F4C & F4J z 0 W x U A P01 •POLE CAP LSJ ABG a A.W, Scale BK -Bleck SW = s• DM. Smooth, SS WY OMP -0) P05.3.0.1). X P LG MefeDal rx�"' JShaft S TSC • 3• m DI s' DIA. Tapered. A.125 wY i6 L LAB B2 u A=NlmAlum 08.6 18.16 F4C= a• DlA gibd..125 Was Tenon Mountin FMkn 09.9 1 FU• 4•DIAFbb4,.25WY Wn•NnI1e (TMP-106LdAtAjjj�) 10.19 18.18' FW- W DIA Fasted, M Wal Odse�bbdweaae GN=Green 11.11• 19.16 L4E• SseLwd 4.6 FIesed'. 158 Was TL PT1=VGCRNs 12:17 20.20' 17 Sees Ori i 13.13 21.21' d IT Be •ADBBIR2 14.14 22. 2Y 15 .15' LaJ • 53.75' F50etl, 26• W g 12.17Round P01 •POLE CAP $4C• 4 DDS Srmdlr..125 Wes Ill 4' DIA. Smooth..25 WY ABG a A.W, Scale BK -Bleck SW = s• DM. Smooth, SS WY OMP -0) P05.3.0.1). X P LG TOC = 3• b 4• A. Tp ed. 2WY — 0 BO.Oek Bide TSC • 3• m DI s' DIA. Tapered. A.125 wY i6 L LAB B2 tAB•LaesA —� SL•81Dw 16. 1P.7..d Tenon Mountin FMkn 12.17Round P01 •POLE CAP P12• r O.D. X IS LG. ABG a A.W, Scale BK -Bleck GR•Gives, OMP -0) P05.3.0.1). X P LG P13. 3.O.D. X r I.G. — 0 BO.Oek Bide PP • PrYrr P.ma t LA TW POT • 3- OM. X 3• L.G. P4=3.O.D.X WLD. tAB•LaesA SL•81Dw 16. 1P.7..d P15.3.6.O.D.XB'lG Bads .moi Wn•NnI1e (TMP-106LdAtAjjj�) G. P16. 4.5.O.D. X IT LG. Odse�bbdweaae GN=Green G�ADI P10.rOA.XW1G. PT1=VGCRNs Gainul Steel i P11.4.3SOO x17LG IT Be •ADBBIR2 tro.o.. scree s¢s6szFcwt i FGIUS-BZ t se ) D9 Baaee ADBB1R4) O ileus SPECIFICATIONS EJ Ys• Provision far eye bdl Accessories UO(XY'=tarye wovbbn. DESCRIPTION WM17MKMKITM-BREAKAWAY KIT OXY'=Recepwe provision. The lighting post shall be at aluminum, one -place sw conda ion. with clasClassicre taped and 6tlietl base Design. 6XXXY• = Small pmvlebn. MATERIAFGS • GR receptsde M base The base and fluted tapered met shaft shall be heavy wall, cast aluminum produced from mrtllled ASTM 356.1 Ingot par ASTM 8.179-9Se or ASTM 826.95. The Straight share shall be extruded from aluminum, ASTM 6061 ahoy heat treated to a T6 temper. The tapered shaft shall be extruded Iron aluminum, ASTM 6063 alloy. spun to a uttered shape, than heat treated to a T6 temper. AN hardware Shall be Pamper resistant stainless steel. Anchor bolts to be completely hot dip galvanized. CONSTRUCTION The shaft Shall be double welled to the base mating and shipped as one piece for maximum structural integrity. The shah shall be welded made the base mstlllg at the top o1 the access door. and externally where the shaft exits the base. All welding shall be per ANSDAWS DIMENSIONS The post shall be X' -XX' in height with a 12- or 16" diameter Was. The Shah diameter shall be XX AI the top 01 tie post, an integral tenon with a transitional donut Shall be provided for luminaire mounting. INSTALLATION The post shall be provided with four, hot dip galvanized L -type enchw bons. A door shag be provided in the base for anchorage and wiring access. A grounding screw shall be provided inside the base opposhe the door. e - R4ples, 118D cosh (l) ASom grade plumes), ran aB up a 3 , wv Must use cored. nunibws. LaeEn9 taros en rmt usetl. banners, Y wan Clfmblb. horn nand note (All), B•W. C•190, D•2T01. Add nxxage provisions as rteCessery b coves aKn locatlon. Mw1 veWab EPA reaaklbna for brutes. B 41 : olvea I,- RINSS R-1,111 Spa H li111 ,51 SCsfx�§�t�' ANCHORAGE GUIDE 160° 911.6' T- BOLT-CIRCLE z / 96.0" OPENING O tL Qw 270° — + — W �y 90° L4E SHAFT HANDHOLE PROFILE CHA 12" U Q LOCATIONT 0°. �. •• 0 314" Hot Dip Galvanized L-type Anchor Bolts (4 per Post) 0 7 �O 016" ,Bo° 91r � Q BOLT-CIRCLE • 09 OPENING gg I cm= ns I 12-A oV@ Cq� 270° — — — — 90° Y cm� // aim \ I F W C �T ¢R HANDHOLE LOCATION �/ 01I BOLT-CIRCLE r '° CHA 16" E' 0` 0374" Hot Dip Galvanized L-type Anchor Botts s 5 (4 per Post)is q Ok .9 gifaj 016" 180° 01'Boll Gree�?3ff EY BASE I�'S / millCe-� Xa , I 270 - —{— - 90° n I n x 3�UI M J T Yea 09• Sitel-ink 16" HANDHOLE LOCATIION D` OPENING, 0 314" or 1" Hot DIp Galvanized ! K p a Z 3 ui L-type Anchor Bolts O O a (4 per Post) 2 of 3 z ov H� x� U d 011.5' F4C 8 F4J FW UE 54C & SU SSJ T4C T5C t5 0 20 Q O ze F is 0 xx•-xx• � o � z� pOH J L�q 0 F �tY �Qe R 6 F--�{— 016.0' =�,93Kya F4 F4J F5J S4C6 SCJ SSJ T4C TSC Spg@�P�S33C'OZ?� 88x1��g�aR�pc �g g g Y HIM pEp xx-xx- � i U Yea ii o a .. 3 i--T— 016 0" Y y O L5J L6J O O 3of3 H oloppase""Vn •"� rt�ae Barrington (20" CI) Bradford Charleston Chesapeake Columbia Orientation Drawing For pole styles: (A) Delaware Manchester Princeton Dunwoody Mount Vernon Rockford Grovetown Nicoma Park South Gate Hamilton North Yorkshire Wadsworth Kentwood Descri tion ion, m �' Ahcp6rs no• DI� � or 315' IS' P Cataloo Number/Description Heiaht Orientation P08 Basic Pole# CHA 16 L57 16 P07 LAB BZ Pole Height Catalo # 16FT Sign CUSTO E PROVAL Date �. 0 ��/ lS Order # Type Catalog # FGIUS-BZ 50" 0 DEG Description IN USE RECEPTACLE - BRONZE ,,, Catalo # HANDHOLE LOCATION 0 0 DEG Descri tion Catalo # .................. Description Catalo # Description _.............-.. Catalog # Description Catalog # Description P08 Basic Pole# CHA 16 L57 16 P07 LAB BZ Pole Height Catalo # 16FT Sign CUSTO E PROVAL Date �. 0 ��/ lS Order # Type Street Lighting 41 �•, y, •�� � rh, 7iIR j ljOa 4 , i z R Project Manual For Xylon Avenue N. Streetscaping Vertical Elements and Lighting Improvements Prepared for: City of New Hope, Minnesota City Project No. 944 011V Stantec May 2015 Stantec Project No. 193803185 Al Rbr CERTIFICATE OF LIABILITY INSURANCE s�ii�20Di5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jan Herzog (320) 253-1122 FAX . (655) 927-6655 Apollo Insurance AgencyPNONE 622 Roosevelt Road DpAIE .janh@apolloinsurance. com INSURERS) AFFORDING COVERAGE NAICN Suite 240 INSURER A:Cincinnati Insurance Company 10677 St Cloud MN 56301-6363 INSURED INSURERS The Builders Group Of MN 38970 INSURERC: W Gohman Construction Co INSURER D: dba Artistic Stone And Concrete E: 815 County Rd 75 EINSURER INSURER F: St Joseph MN 56374 COVERAGES CERTIFICATE NUMBER:2015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MMIDD LIMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY A E RENTED $ 500,000 A CLAIMS -MADE XI OCCUR X PPOS19938 /1/2015 /1/2016 MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 X GA233 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE UMIT APPLIES PER: PRODUCTS - COMP/OP AGG E 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE UABILITY OMBI tlED SINGLE LIMIT 110 00 000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS PA0819938 /1/2015 /1/2016 BODILY INJURY (Per accident) $ HIREDAUTOS NON-0WNED AUTOS PROPERTY DAMAGE $ (Per accident) PIP -Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB CLAIMS MADE DED RETENTIONS $ PPO819938 /1/2015 /1/2016 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE (MandailM,nNH EXCLUDEDT ( rY ) NIA 30001625 /1/2015 /1/2016 X WC STATU- OTH.- IMIT9 FIR E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE E 100,000 If under E.L. DISEASE- POLICY LIMIT E 500,000 Dyes, RIPTIOe DESCRIPTION OF OPERATIONS Celow DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, AddlUmal Remarks Schedule, N more space is required) Project: New Hope Xylon Ave N Streetscaping Vertical Elements and Lighting improvements; City of New Hope and Stantec Architects are additional insureds with regard to general liability per policy provisions when required by written contract. (763)531-5136 City of New Hope 4401 Xylon Ave N New Hope, MN 55428 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Eskra/APOJAH ©1988-2010 ACORD CORPORATION. All rights reserved. I NS029 mm nnT 01 The Ar.nPn normo and Innn an r.niefnrnd mark. of Arman DOCUMENT 00 91 13 ADDENDUM 1 XYLON AVENUE NORTH STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA May 28, 2015 Number of Pages: 44 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name 0 2015 Stantec 1 193803185 Date ADDENDUM 1 009113-1 DOCUMENT 00 41 10 -BID FORM 1. Delete this Document in its entirety and add the attached Document 00 41 10(R). SECTION 10 14 00 - SIGNS 1. Add new Section 10 14 00. SECTION 10 14 63 - ELECTRONIC MESSAGE SIGNAGE 1. Add new Section 10 14 63. DRAWINGS 1. ALL DRAWINGS - SAP number does not apply. SAP Number Removed from sheets. Drawing G0.01 1. Remove and Replace with the attached Revised Drawing. Drawing L8.01 Changed note for mortar joint at precast concrete to 3/8". 2. Removed note to prepare mockup of all GFRC concrete elements. Drawings 1.8.02-1.8.09 1. Remove Notes and replace with: NOTES: 1. REFER TO SHEET L8.10 FOR STRUCTURAL NOTES. 2. PROVIDE STAINLESS STEEL DOWEL CONNECTIONS OR APPROVED ALTERNATIVE BETWEEN PRECAST CONCRETE PIECES. 3. PROVIDE 3/8" MORTAR JOINT AT ALL PRECAST CONCRETE CONNECTIONS. ALL DOWELS SHALL BE SET WITH OVERSIZED HOLES AND 2 -PART EPDXY ADHESIVE. 4. ANCHOR PRECAST CONCRETE TO STEEL STRUCTURE WITH APPROVED, SHOP APPLIED, CONNECTORS. 5. CONTRACTOR TO PROVIDE FULLY DETAILED SHOP DRAWINGS FOR FABRICATION AND INSTALLATION. 6. CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND DIMENSIONS PRIOR TO FABRICATION AND INSTALLATION. 7. REFER TO CORRESPONDING DETAIL SHEET (L8.03/L8.05/L8.07/L8.09) FOR STEEL SIZES AND WELD INFORMATION. 8. UNLESS INDICATED OTHERWISE, COLOR FOR ALL PAINTED AND POWEDERCOATED ELEMENTS SHALL BE BRONZE TO MATCH STREET LIGHT POLES. ELECTRICAL NOTES: 1. PROVIDE CODE REQUIRED DISCONNECTS FOR ALL SIGNAGE. 2. PROVIDE HANDHOLES AS REQUIRED AT THE BOTTOM AND TOP OF ALL STRUCTURES AS REQUIRED FOR WIRING ACCESS. COORDINATE HANDHOLE AND CONDUIT REQUIREMENTS DURING SHOP DRAWINGS. 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY LIGHTED SIGNS. ADDENDUM 1 0 2015 Stantec 1 193803185 0091 13-2 Drawings 1.8.0248.09 1. Design Note: Structural design for the metal components of the vertical elements is based on using steel for the entire assemblies. Contractors may, at their option, fabricate all or portions of the vertical elements out of aluminum. If the Contractor chooses to use aluminum for the entire metal vertical elements assemblies, Contractor shall submit fully engineered shop drawings. If the Contractor chooses to use aluminum forjust the exposed sign elements (such as the exposed sign elements with integral lettering, lighting, or message board) then the Contractor shall submit connection details to the vertical steel tubes showing attachments and separation methods between dissimilar metals. All connections shall be concealed from view. Drawings 1.8.02-1.8.03 1. Added note that Gateway Entry Sign is Dual Sided 2. Custom plate graphics shall be 3/4" thick flat cut material stud mounted with full color City Logo. Drawings 1.8.04-1.8.05. 1. Remove and Replace with the attached Revised Drawings. Changes include: • Revised Sign Structure • Revised Lighting Method • Custom plate colored lettering shall be'/:' thick flat cut material stud mounted. Drawings L8.06-1.8.07 1. Added note that Banner Column is Dual Sided 2. Custom plate colored lettering shall be 3/4" thick flat cut material stud mounted. Drawings L8.08 -L8.09- Remove and Replace with the attached Revised Drawings. Changes include: 1. Revised Pergola Structure Drawing E1.01 1. Remove the E1.01 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E1.02 1. Remove the E1.02 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E1.03 1. Remove the E1.03 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. ADDENDUM © 2015 Stantec 1 193803185 009113-3 Drawing E7.04 1. Remove the E1.04 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E1.05 1. Remove the E1.05 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.01 Remove the E6.01 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.02 Remove the E6.02 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.03 1. Remove the E6.03 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.04 1. Remove the E6.04 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.05 1. Remove the E6.05 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.06 1. Remove the E6.06 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E6.07 1. Remove the E6.07 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E7.01 1. Remove the E7.01 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. Drawing E8.01 1. Remove the E8.01 drawing and replace with the attached revised plan sheet. The revisions are as shown on the drawings clouded. ADDENDUM 1 0 2015 Stantec 1 193803185 0091 13-4 LIST OF ATTACHMENTS 1. Document 00 41 10(R) - Revised Bid Form. 2. Section 10 14 00 - Signs 3. Section 10 14 63 - Electronic Message Board 4. Revised Drawing G0.01 5. Revised Drawing 1-8.04 6. Revised Drawing 1-8.05 7. Revised Drawing L8.08 8. Revised Drawing 1-8.09 9. Revised Drawing E1.01 10. Revised Drawing E1.02 11. Revised Drawing E1.03 12. Revised Drawing E1.04 13. Revised Drawing E1.05 14. Revised Drawing E6.01 15. Revised Drawing E6.02 16. Revised Drawing E6.03 17. Revised Drawing E6.04 18. Revised Drawing E6.05 19. Revised Drawing E6.06 20. Revised Drawing E6.07 21. Revised Drawing E7.01 22. Revised Drawing E8.01 END OF DOCUMENT ADDENDUM © 2015 Stantec 1 193803185 0091 13-5 This Page Left Blank Intentionally 4 StanteC BIDDER: DOCUMENT 0041 10 REVISED BID FORM REVISED BY ADDENDUM NO. XYLON AVENUE N. STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS PROJECT NO. 193803185 CITY PROJECT NO. 944 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and 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 exnrP.Wv renuired by the Riddinn Documents to he emnloved by Ridder. and snfety nrernutiom and F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 0 2015 Stantec 1 193803185 REVISED BY ADDENDUM NO. 1 00 41 10 - 41RI REVISED BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. BASE BID 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BANNER COLUMN 4 GATEWAY ENTRY SIGN W/ READER BOARD 5 GATEWAY COLONNADE 6 CIVIC EVENT PERGOLA 7 ORNAMENTAL FENCE 8 FENCING PILASTER LS 1 $ $ LS 1 $ $ EA 6 $ $ EA 1 $ $ EA 1 $ $ EA 3 $ $ LF 225 $ EA 18 $ 0 2015 Stantec 1 193803185 REVISED BY ADDENDUM NO. 1 DO 41 10 - 51R1 REVISED BID FORM 0 1 No. Item Units Qty Unit Price Total Price 9 ILLUMINATED BOLLARD EA 11 $ $ 10 LIGHT BASE DESIGN E MODIFIED EA 11 $ $ 11 SERVICE CABINET SECONDARY TYPE Ll MODIFIED EA 1 $ $ 12 EQUIPMENT PAD B MODIFIED EA 1 $ $ 13 DIRECT BURIAL RECEPTACLE POST EA 31 $ $ 14 TREE GRATE RECEPTACLE EA 22 $ $ 15 RECEPTACLE PEDESTAL EA 4 $ $ 16 ELECTRICAL CONDUIT SYSTEM LS 1 $ $ 17 ELECTRICAL WIRING SYSTEM LS 1 $ $ 18 FIBER OPTIC CABLE LF 650 $ $ TOTAL BASE BID $ 02015Stantec 1 193803185 REVISED BY ADDENDUM NO, 1 00 41 10- 6(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § I6C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. (name of the person, partnership or corporation submitting this proposal) address) (City, State and Zip Code) Signed (Bidder or authorized representative) Date ©2015 Stantec 1 193803185 REVISED BY ADDENDUM NO. 1 00 41 10 - 41R1 REVISED BID FORM 9 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. t SUBMITTED on If Bidder Is: A Corporation Corporation Name: 2015. State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Email.: Fax No.: ®2015Stantee 1 193803185 REVISED BY ADDENDUM NO. 1 0041 10-4(R) REVISED BID FORM An Individual Name (typed or printed): By: (Individual's signature( Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: A Partnership Partnership Name: By: Name (typed or printed): Fax No.: (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Email.: Fax No.: END OF DOCUMENT (SEAL) 02015Stantec 1193803185 REVISED BY ADDENDUM NO. 1 0041 10-5(R) REVISED BID FORM SECTION 10 14 00 SIGNS PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Illuminated Gateway Entry sign. 2. Illuminated Banner Column sign. 3. Illuminated Banner Column Emblem sign. 4. Illuminated Colonnade sign. 5. Illuminated Pergola Emblem sign. 6. Remote mounted transformers for lighting. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for signs. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. Standard for Electric Signs, UL and CUL recognized. 1. Signs shall be designed and manufactured for wet location use. B. National Electric Code 1.04 SUBMITTALS A. 2 samples of each sign material. 1. Provide 36" by 36" by 6" deep mock-up sample of Gateway Entry sign aluminum light box with letter example, perforated metal backing, acrylic backing and lighting element for approval. B. Complete sample sets of colors and finishes available for approval by Landscape Architect. C. Submit shop drawings showing product dimensions and connection details. Indicate sign locations by way of detailed plans, elevations and cross sections of each sign. Indicate joints, reveals and details at unit face, edges, corners and connection / anchorage points. Indicate transformer locations. D. Show locations and tolerances of hardware to be attached to structural members, including wind loading tolerances. E. Show locations, source and type of channel, strip and backlit LED lighting elements. Cabinets shall allow access to lighting elements and/or transformers for maintenance as required. SIGNS © 2015 Stontec 1 193803185 101400-1 1.05 QUALIFICATIONS A. Sign manufacturer shall: 1. Have been in the business of manufacturing permanently mounted outdoor illuminated signs for a minimum period of five (5) years prior to the contract bid date. 2. Have in operation a minimum of fifty (50) permanently mounted outdoor illuminated signs as defined above. Each of these signs shall have operated successfully for a minimum period of one (1) year prior to the contract bid date. 3. Have been in business under the same corporate name for a period of no less than 5 years prior to the contract bid date. PART 2 PRODUCTS 2.01 GATEWAY ENTRY SIGN LIGHT BOX AND LOGO A. Gateway Sign Logo shall be custom sign graphic of City logo provided by Jerry Beck, City of New Hope, ibeck@ci.new-hoae.mn.us 1. Emblem logo shall be equal to Gemini, Inc. Cast Aluminum #514 Alloy. 2. Emblem logo shall be suitable for exterior use. 3. Finish: Painted. Sprayed with a 2 -part hardened polyurethane, bead -blasted returns, baked finish. 4. Color: Reflex Blue: CMYK=100/93/15/12 and RGB: 37/52/123 5. Size: 3/8 inch thick. See drawings for height. 6. Mounting: Surface mount. B. Perforated metal backing: 16 Ga. Metal panel. 3/16" perforation size and 1/4" spacing. Provide sample. C. Steel or aluminum light box with translucent opal acrylic waterproofing backing panel. See drawings for size. Powder -coated finish. Color to be selected. 2.02 BANNER COLUMN LETTERS AND LIGHT BOX (6 TOTAL) A. Letters shall be equal to Gemini, Inc. Cast Aluminum Letters #514 Alloy. 1. Letters shall be suitable for exterior use. 2. Provide dual face lettering. B. Finish: Painted. Sprayed with a 2 -part hardened polyurethane, bead -blasted returns, baked finish. C. Color: Reflex Blue: CMYK=100/93/15/12 and RGB: 37/52/123 D. Style: Arial. E. Size: 4-5/8 inches high by 3/4 inch thick: 1. Text: CITY CENTER F. Mounting: Stainless steel stud mounted with 1/2 -inch aluminum spacers. G. Perforated metal backing: 16 Ga. Metal panel. 3/16" perforation size and 1/4" spacing. Provide sample. SIGNS @ 2015 Stantec 1 193803185 101400-2 H. Steel or aluminum light box with translucent opal acrylic waterproofing backing panel: See drawings for size. Powder -coated finish. Color to be selected. 2.03 BANNER COLUMN EMBLEM AND LIGHT BOX (12 TOTAL) 2 PER COLUMN. A. Emblem shall be custom sign graphic as shown on drawings. 1. Emblem logo shall be equal to Gemini, Inc. Cast Aluminum #514 Alloy. 2. Emblem logo shall be suitable for exterior use. 3. Finish: Painted. Sprayed with a 2 -part hardened polyurethane, bead -blasted returns, baked finish. 4. Color: Reflex Blue: CMYK=100/93/15/12 and RGB: 37/52/123 5. Size: 3/8 inch thick. See drawings for height. 6. Mounting: Surface mount. B. Perforated metal backing: 16 Ga. Metal panel. Perforation size and spacing to be selected by Landscape Architect. Provide sample. C. Steel or aluminum light box with translucent opal acrylic waterproofing backing panel: 13" dia., powder -coated finish. Color to be selected. 2.04 COLONNADE CAST ALUMINUM LETTERS AND LIGHT BOX (1 TOTAL) A. Letters shall be equal to Gemini, Inc. Cast Aluminum Letters #514 Alloy. 1. Letters shall be suitable for exterior use. B. Finish: Painted. Sprayed with a 2 -part hardened polyurethane, bead -blasted returns, baked finish. C. Style: Arial. D. Color: Reflex Blue: CMYK=100/93/15/12 and RGB: 37/52/123 E. Size: 12 inches high by 3/4 inch thick: 1. Text: NEW HOPE CITY CENTER F. Mounting: Stainless steel stud mounted with 1/2 -inch aluminum spacers. G. Perforated metal backing: 16 Ga. Metal panel. 3/16" perforation size and 1/4" spacing. Provide sample. H. Steel or aluminum light box with translucent opal acrylic waterproofing backing panel: See drawings for size. Powder -coated finish. Color to be selected. 2.05 PERGOLA EMBLEM AND LIGHT BOX (6 TOTAL) 2 PER PERGOLA. A. Emblem shall be custom sign graphic as shown on drawings. 1. Emblem logo shall be equal to Gemini, Inc. Cast Aluminum #514 Alloy. 2. Emblem logo shall be suitable for exterior use. 3. Finish: Painted. Sprayed with a 2 -part hardened polyurethane, bead -blasted returns, baked finish. 4. Color: Reflex Blue: CMYK=100/93/15/12 and RGB: 37/52/123 5. Size: 3/8 inch thick. See drawings for height. 6. Mounting: Surface mount. SIGNS 0 2015 Stantec 1 193803185 101400-3 B. Perforated metal backing: 16 Ga. Metal panel. 3/16" perforation size and 1/4" spacing. Provide sample. C. Steel or aluminum light box with translucent opal acrylic waterproofing backing panel: 13" dia., powder -coated finish. Color to be selected. PART 3 EXECUTION 3.01 INSTALLATION A. Field -verify surface conditions before installing signs. If surfaces are unsuitable for the fastener type specified, notify Landscape Architect in writing before proceeding with the installation. B. All signs must be securely installed plumb, level, and in the proper location. C. Review locations with Landscape Architect prior to installation. END OF SECTION SIGNS © 2015 Stantec 1 193803185 101400-4 SECTION 10 14 63 ELECTRONIC MESSAGE SIGNAGE PART 1 GENERAL 1.01 SECTION INCLUDES A. LED message centers B. Control software 1.02 REFERENCES A. Standard for Electric Signs, UL and CUL recognized. B. Standard for Control Centers for Changing Message Type Signs. C. Federal Communications Commission Regulation Part 15. D. National Electric Code. 1.03 SUBMITTAL A. The electronic LED display manufacturer shall provide a complete technical submittal within 60 days of contract award and shall not proceed with LED Matrix manufacture until the Engineer has approved the submittal. B. Submit: 1. All LED display manufacturer qualifications, as specified herein. 2. LED display shop drawing. 3. LED display Riser diagram. 4. AC Site Power Requirements, including legs and Amps per leg. 5. LED display control software operator's manual. 6. LED display installation and maintenance manual. 1.04 QUALIFICATIONS A. LED Display Manufacturer shall: 1. Have been in the business of manufacturing permanently mounted outdoor displays for a minimum period of five (5) years prior to the contract bid date. An "LED" display contains pixels constructed solely of high-intensity discrete LEDs. These outdoor displays must utilize a sign cabinet meeting NEMA 3R design requirements. 2. Have in operation a minimum of one hundred (100) large outdoor permanently mounted LED displays as defined above. Each of these LED displays shall have operated successfully for a minimum period of one (1) year prior to the contract bid date. 3. Have been in business under the some corporate name for a period of no less than five (5) years prior to the contract bid date. 4. Utilize a documented in-house quality management procedure that has been in place for no less than two (2) years prior to the contract bid date. ELECTRONIC MESSAGE SIGNAGE © 2015 Stantec 1 193803185 101463-1 5. Provide a toll-free help desk number that will be manned during normal business hours. Documentation that proves the LED display manufacturer complies with these requirements shall be provided with the LED display manufacturer's pre -build technical submittal. This submittal shall also include references and project information for all five (5) of the systems referenced above, including: 1. Equipment owner/operator agency name. 2. Contact person name, telephone number, fax number, and e-mail address. 3. Display system name and location of operations control center (project name / number). 4. Display quantity. 5. Display commissioning date (First date of successful on-site operation). 6. LED display size (pixel lines by pixel columns) and type (full LED display, line LED display, or discrete character. 7. Display housing access. 8. Type of communications backbone used (Ethernet, fiber optic, etc.). C. Experience with manufacturing the following types of electronic sign products shall not satisfy the requirements of this LED display specification: 1. Indoor displays of any size or type. 2. Back -lit (internally illuminated) displays. 3. Split -flap displays. 4. Any type of display that is not pixilated and cannot be programmed to show a nearly infinite quantity of messages. 5. Displays that have a pixel technology comprised of something other than high-intensity light emitting diodes (LED). Examples of unacceptable technologies are incandescent lamp, liquid crystal, fiber optic, flip disk, flip -fiber combination, and flip -LED combination. 1.05 QUALITY ASSURANCE A. Source Limitations: Obtain electronics displays and equipment through one source from a single manufacturer. B. UL and CUL recognized. C. NEC compliant. D. FCC Class A Compliant. E. Designed to UBC or IBC standards. 1.06 WARRANTY A. Provide 5 years of parts coverage. B. Provide toll-free service coordination. C. Provide technical phone support during business hours. ELECTRONIC MESSAGE SIGNAGE 0 2015 Stantec 1 193803185 101463-2 PART 2 PRODUCTS 2.01 MANUFACTURER A. Daktronics, phone: (888) 325-7446, email: commercial@daktonics.com 1. Product (or approved equal): Daktronics Galaxy 100x100-15.85mm 2.02 CABINET A. Construction 1. Display housing dimensions shall not exceed 68" inches tall by 66" inches wide. The front -to -back housing depth shall not exceed 6 inches per display face with spacing between faces shall not exceed 4" for a total depth not to exceed 16". 2. Maximum display power shall not exceed 1500 watts per face when 100% of the pixels are operating at their maximum possible drive current. 3. Display shall operate from the following power sources: 120 VAC, 60 Hz single-phase, including neutral and earth ground. 4. The display housing shall meet NEMA 3R standards. 5. Display shall operate in a minimum ambient temperature range of -40 to +120= (-40 to +50=) and to a 95% humidity. 6. Internal display component hardware (nuts, bolts, screws, standoffs, rivets, fasteners, etc.) shall be fabricated from stainless steel, aluminum, nylon, or other durable corrosion -resistant materials suitable for the signage application. 7.° Electrical display components shall be 100% solid-state. 8. The presence of ambient radio signals and magnetic or electromagnetic interference, including those from power lines, transformers, and motors, shall not impair performance of the display system. The display system shall not radiate electromagnetic signals that adversely affect any other electronic device. 9. The display shall contain a full LED matrix measuring a minimum of 100 pixel rows high by 100 pixel columns wide. The LED display shall display messages that are continuous, uniform, and unbroken in appearance. B. Housing Frame 1. To meet the anti -corrosive, degradation, and oxidation requirements, the display housing aluminum sheet quality shall be no less than the properties of alloy 5052-H32. 2. Adequate ventilation shall be provided through convection or with fans with intake location across the front bottom and exhaust across the front top. 3. Steel mounting points that can be used for mounting purposes shall be provided with the display and have the ability to be adjusted for alternative mounting methods. 4. Shall include lifting supports that can be removed after installation. C. Exterior Finish 1. The LED display border pieces shall be coated with an automotive -grade acrylic urethane paint. D. Front Face Construction 1. To meet the display readability requirements, the front face must be constructed in such a manner that it provides high contrast, low sunlight reflection and durability in all weather and site conditions. 2. Minimum features of front face shall: a. Provide UV resistance to prevent discoloring. b. Include louvers for contrast enhancement. ELECTRONIC MESSAGE SIGNAGE @ 2015 Stantec 1 193803185 101463-3 c. Use surface materials in the active LED area, such as metal, plastic, or other face materials, designed for low sunlight reflectivity. d. Provide water shedding ability (designed to meet NEMA 31? Standards) E. Serviceability 1. The display housing shall provide safe and convenient front service access for all modular assemblies, components, wiring, and other materials located within the housing. 2. All internal components shall be removable and replaceable by a single technician with basic hand tools. 3. Service access shall be easily obtained by removal of one or more modules in front of the associated internal component. 4. Displays shall be designed with service features that minimize potential bodily harm. 2.03 DISPLAY COMPONENTS A. LED display modules shall be constructed for good readability, long life, and ease of service. Each display module shall be constructed as follows: 1. Each module within the product family shall be designed with the same physical footprint of 12.5" by 15.6" allowing for potential upgrades from one pixel pitch to another. 2. All modules and their components shall be fully encapsulated and sealed to provide protection from the environement. 3. An LED module shall consist of LEDs with all drive electronics mounted on a single Printed Circuit Board (PCB). 4. LEDs shall be auto -inserted in order to maintain quality and uniformity of the LEDs within each LED module. 5. All PCBs shall be wave -soldered to ensure uniformity, quality, and durability of all solder joints. 6. All PCBs shall be cleaned in a manner so as not to contain more than 2 parts per million contaminants. 7. Module signal and electrical connections shall be of the positive locking and removable type. Removal of a module from the display shall not require a de -soldering operation. 8. Module signal shall be redundant in that the signal can reach the module from multiple directions in the event of a loss in signal path from either direction. 9. All LED display modules in a single display shall be identical in construction and interchangeable throughout the display. 10. All module rows shall include louvers for sunlight shading and enhanced contrast. 11. Modules shall be individually attached to the cabinet frame. 12. Removal of one or more modules shall not affect the display's structural integrity. 13. The distance from the center of one line of pixels to the center of all adjacent lines shall be not exceed 16mm (0.63" inches) both horizontally and vertically. 14. The failure of a single pixel, module or shall not cause the failure of any other pixel or module in the display. 15. All modules shall have no less than a 70 degree vertical and 140 degree horizontal half -intensity viewing angle and a readability angle of 90 degree vertical and 160 degree horizontal. 16. The transition of the viewing intensity shall be consistent throughout the viewing cone. B. Pixels shall be constructed with discrete LEDs, and these discrete LEDs shall conform to the following specifications: ELECTRONIC MESSAGE SIGNAGE 0 2015 Startec 1 193803185 101463-4 I . LEDs shall be non -diffused, ultra -bright, solid-state light emitting diodes. 2. The red LEDs shall be constructed of AIInGaP technology and the green and blue LEDs shall be constructed of InGaN technology. 3. The LED lens diameter shall be 0.157 inches (4 mm). 4. Each color of LEDs used in ail LED displays provided for this contract shall be from the same bin. 5. LED half-life shall be an estimated minimum of 100,000 hours. 6. Display shall have a minimum intensity of 12,000 cd/m2 for RGB maximum light output. C. Power Supply 1. Auto -ranging AC to DC power supply shall be used to power the LED modules and protect the LED pixel, LED display, and driver circuitry in the event of power spikes or surges. 2. Each power supply and their connectors shall be fully sealed to protect from corrosive environmental factors. D. Internal Wiring 1. Wiring for LED display modules and other internal components shall be installed in the housing in a neat and professional manner. 2. Wiring shall not impede the removal of display modules, power supplies or other display components. 3. Wires shall not make contact with or be bent around sharp metal edges. 4. Module power and signal wiring shall be cut to a length, labeled and installed such that it is not possible to connect a module to the wrong set of wires. 5. All wiring shall conform to the National Electric Code. E. The display shall be protected from electrical spikes and transients. F. The manufacturer shall provide an earth ground lug in the display. 2.04 DISPLAY PERFORMANCE A. Display Capability I . The display shall contain a full LED matrix measuring a minimum of 100 pixel rows high by 100 pixel columns wide. 2. The LED display shall present messages that are continuous, uniform, and unbroken in appearance. 3. The LED display shall be capable of producing over 144 quadrillion shades of color. 4. Each display pixel shall be comprised of RGB LEDs for full color. Other pixel technologies, such as fiber optic, flip disk, combination flip disk fiber optic, combination flip disk LED, liquid crystal, and incandescent lamp will not be accepted. 5. The centers of all adjacent rows and columns shall be spaced 15.58mm (0.61 inches) apart, both vertically and horizontally. 6. The LED display shall be capable of displaying alphanumeric character fonts ranging in height from 4"-61". 7. The display shall be able to display messages composed of any combination of alphanumeric text, punctuation symbols, graphic images, and pre -canned video files. 8. Video and message files shall have up to a 30 frame per second playback capability. 9. Displays shall be legible under the following conditions: a. 24 hours per day and inmost normally encountered weather conditions. b. During dawn and dusk hours when sunlight is shining directly on the display face or when the sun is directly behind (silhouetting) the display. ELECTRONIC MESSAGE SIGNAGE © 2015 Stantec 1 193803185 101463-5 B. Controller 1. The controller shall be able to run independently from the controlling computer allowing the display to operate even when the computer is unhooked or turned off. 2. Controller shall be an IP66 sealed enclosure with no internal moving parts. 3. All signal inputs shall be optically or magnetically isolated. 4. Communication protocol shall support other products from the vendor such as other outdoor or indoor displays of varying sizes and/or colors. 5. Controller shall be capable of receiving RSS data feeds. 6. The controller shall be able to operate via Wireless Ethernet communication. 7. Each controller shall be connected to a light sensor allowing each LED display to automatically adjust to a minimum of 100 levels of brightness according to display direction and lighting conditions. 8. The controller shall allow connection to a temperature sensor that provides accurate site temperatures. 9. The controller shall have the capability of being connected to an NTP Server to support company -wide time systems. 10. Active presentations, stored presentations, schedules, display configuration, time and date shall be stored in non-volatile memory. No external power or battery backup will be required to maintain this data. 11. Controller can be configured with a unique name for the display. C. Control and Communications 1. Each single -face display shall be controlled and monitored by its own LED controller. 2. A single LED controller shall control double -face displays. 3. The LED controller shall be a stand-alone processor, which does not require continuous communication with control software in order to perform all functions. 4. The LED controller shall be able to receive instructions from and provide information to a computer containing control software using the following communication modes: a. Ethernet - Via l Obase-T, 100base-T Ethernet connection, l Obase-T Wireless Ethernet Bridge connection, or fiber optic l Obase-FL. Controller shall auto -negotiate between 10-100base T for copper based Ethernet systems. 2.05 CONTROL SOFTWARE A. General Software Features 1. The control software for the displays shall be Windows® based. 2. Software shall have the ability to automatically detect and configure displays within a local area network or configure displays with the use of a Display Creation Wizard. 3. Software shall provide features for creating, editing, scheduling, publishing, and deleting presentations. 4. Software shall include profanity protection. 5. Software shall include password protection capability and assign each user specific rights. 6. Software shall manage presentations and schedules on displays. 7. Software shall have the ability to create dynamic data fields in presentations to display dynamic content (time, date, temperature, and Real Time Data). 8. Software shall be able to display RSS data feed. 9. Software shall allow access to an on-line media kit allowing the user to download pre - created content for any size of display. User shall be able to select specific content from a pre -defined list or choose to download all or updated content from the pre- defined list. ELECTRONIC MESSAGE SIGNAGE 0 2015 Stantec 1 193803185 101463-6 Messaging 1. Software shall have the ability to create and edit presentations with ease in a graphical representation of the display. 2. Software shall have the ability to preview entire presentations or schedules before being displayed. 3. The display shall have the ability to store approximately 16 GB of display content. 4. Presentations can be varied by 0.1 second intervals with variable zoning restrictions applied to individual frames. 5. Presentations shall run in a continuous playlist. 6. The software shall have the ability to schedule up to 200 presentations in a single schedule. 7. Software shall use visual effects in presentations for entry frame transitions. 8. Software shall have the ability to schedule presentations to run and stop by defining a starting time/date and an ending time/date. 9. The contents of a text box shall be capable of being left, center or right justified horizontally. 10. Text shall have several possible display modes, including outline, drop shadow, bold, italic, and underline. 1 l . Software shall have the ability to copy and paste text from most Windows® applications. 12. Software shall have the ability to import images in AVI, GIF, PNG, BMP, MOV, WMP, and MPG file formats. 13. Presentations may be retrieved from the display for editing. 14. Presentations shall consist of a series of layouts, each containing a set of elements. 15. Each layout may have an image in the background with the ability to overlay text, graphics, and video elements. 16. Windows may be placed free form at any location within the frame. 17. Windows may be overlapped. 18. Text windows have a transparent background. C. Display of Alphanumeric Text 1. For presentation creation, the display shall be supplied with a minimum of 5 ASCII English alphanumeric character font sets. 2. Each font shall include the following characters at a minimum: a. The letters "A" through "Z" in both upper and lower case. b. Decimal digits "0" through "9". c. A blank or space character. d. Punctuation marks:. , 1 ? - ...... e. Other characters, such as: # & * + / (] [ ] < > f. Interface to a full character map. 3. Font files shall include data that provides inter -character spacing and inter -paragraph spacing. D. Time, Date, Temperature, and RTD Fields 1. The software shall have the ability to display time and date in common standard and military formats within a presentation. 2. The software shall be able to program the controller to automatically adjust time zone offsets by: a. Automatically synchronizing with PC time. b. Setting controller by current location based on GMT. 3. The software shall have the ability to accurately display local temperature from an installed temperature sensor in both Fahrenheit and Celsius. ELECTRONIC MESSAGE SIGNAGE © 2015 Stantec 1 193803185 101463-7 4. A feature will be included to calibrate the temperature sensor up or down in the range +/- 9 degrees C (+/- 16 degrees F). E. Display of Graphic Images 1. The display and control software provided for this contract shall have the capability of displaying image flies that can be formatted to fit any size of LED display by either cropping or resizing the original image. Presentation Modes 1. Entry Modes a. Change / Instant. b. Dissolve. c. Gradient. d. Scroll. e. Roll. f. Wand. g. Unveil. h. Page Turn. i. Venetian. j. Rotate. k. Zoom. I. Splice. m. Slot Machine. n. Radar Wave. G. Display Communication and Protocol. All communications between the display control software and display(s) shall be accomplished using a protocol meeting the following specifications: 1. Communications shall include multi -layer protocol consisting of data -link and application layers at a minimum. 2. The data -link protocol will use a check summing technique to guarantee packet integrity. Packets must be discarded if the packet's check sum is not valid. 3. Each display on the network will be assigned a unique IP address. 4. Each display must respond to every packet addressed to it, except in the case of broadcast addressing. Displays must never initiate communication on the network. Each response will indicate the success or failure of the display to act upon the received packet. 5. A software address may be assigned to each display. The address will override the physical address. 6. Broadcast addressing will allow multiple displays to receive a single packet. H. Diagnostics and Status Information. The software shall be capable of displaying operational status of each display. This shall minimally include the following information: 1. Display Name - Name of the display as entered by the operator. 2. Address - An identification number associated with a specific sign by which the software locates the sign to establish communications. 3. Communications Status - Pictorially represented as "Normal" or "Failed". 4. Current Message - As {name of message being displayed} or "Blank". 5. Time and Date - As running on the display. 6. Last Reset - Date and time of last communications with sign. 7. Available Memory - Pictorially and numerically represented memory available in the LED controller. ELECTRONIC MESSAGE SIGNAGE © 2015 Stantec 1 193803185 101463-8 8. Brightness - The intensity control of the LEDs at which the display is currently operating, set as "Automatic" or "Manual". 9. Firmware Version - Current firmware version of the LED controller. 10. Schedule Status - Indicates if a schedule is active at the display. PART 3 EXECUTION 3.01 EXAMINATION A. Mounting structure to be installed by contractor to support desired displays in all locations. Verify that separate conduit is in place for power and data to display, unless fiber is being used. Verify that all control equipment has access to 120 VAC. 3.02 INSTALLATION A. Support structure design depends on the mounting methods, display size, and weight. The structure design is critical and should be done only by a qualified individual. It is the customer's responsibility to ensure that the structure and mounting hardware are adequate. B. It is the customer's responsibility to ensure that the installation meet local standards. The mounting hardware shall be capable of supporting all components to be mounted. All mounted displays must be inspected by a qualified structural engineer. C. Possible power and signal entrances are designated by etched markings. Separate conduit must be used to route the power, signal in wires, and signal out wires. D. Displays must be grounded according to the provisions outlined in Article 250 of the National Electrical Code. The display must be connected to earth -ground. Proper grounding is necessary for reliable equipment operation and protects the equipment from damaging electrical disturbances and lightning. END OF SECTION ELECTRONIC MESSAGE SIGNAGE © 2015 Stantec 1 193803185 101463-9 This Page Left Blank Intentionally R PUBLIC CITY I BID 62ND PVEWE Nd(M N VICINITY MAP ® 0 1300 24D0 4J cle-2 CITY OF NEW HOPE �f XYLON AVE NORTH A STREETSCQPING VERTHCAL $sf g ELEMENTS AND LIGHTING ®X_� IMPROVEMENTS = :: PROJECT LOCATION " I CITY PROJECT NUMBER 944 u a UTILITY INFORMATION: FACE UTILITY INFORMATION ON THIS PIAN 15 SHOWN TO UTILITY EL D IN ACCORDANCE WITH LEGEND PROVIDED BELOW. THIS QUALITY UERMINED ACCORDING TO THE GUIDELINES OF Cl/ASCE 38-02, AN DARD GUIDELINES FOR THE OOLLECITON AND DEPICTION OF 3SURFACE UTILITY DATA. QUALITY LEVELS: - INFORMATION COMES SOLELY FROM EXISTING UTILITY RECORDS. - SURVEYING ABOVE GROUND UTILITY FACILITIES, SUCH AS MANHOLES, 3OXES, ETC; AND CORRELATING THIS INFORMATION WITH EXISTING RECORDS. - THE USE OF SURFACE GEOPHYSICAL TECHNIQUES TO DETERMINE THE EXISTENCE AND HORIZONTAL POSITION OF UNDERGROUND UTRITIES. LEVEL A - THE USE OF NONDESTRUCTIVE DIGGING EQUIPMENT AT HORIZONTAL AND VERTICAL POSITION OF UNDERGROUND UTILITIES, AS WELL AS THE TYPE, SEE, CONDITION, MATERIAL AND OTHER CHARACTERISTICS. PRIVATE UTILITIES ARE SHOWN IN THE LOCATIONS PROVIDED BY THE OWNER PRIOR TO CONSTRUCTION. 2015 SHEET INDEX G0.01 TITLE SHEET 11.01-11.04 HARDSCAPE PIAN - X WN AVENUE NORTH L8.01 ORNAMENTAL FENCING DETAILS 18.02 -IS 03 GATEWAY ENTRY SIGN DETAILS -8.04-18.05 GATEWAY COLONNADE DETAILS 18.06-18.02 BANNER COLUMN DETAILS L8.08 -L8.09 CIVIC EVENT PERGOLA DETAILS L8.10 STRUCTURAL NOTES E0.01 ELECTRICAL SYMBOLS SHEET El 01 E1.06 ELECTRICAL PIAN -&LON AVENUE NORTH E6.01 -E6.08 ELECTRICAL DETAILS E7.01 -E2.02 ELECTRICAL ONE LINE DIAGRAMS E8.01 ELECTRICAL SCHEDULES 33 -SHEETS TOTAL KATHIHEMKEN JOHN ELDER ANDY HOFFE ERIC LAMMLE JONATHAN LONDON KIRK McDONALD BOB PASCHKE STEVE SONDRALL MAYOR COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY MANAGER PUBLIC WORKS DIRECTOR CITY ATTORNEY NO REVI9 N DATE m ns SuRvv OP.\WNjcaljp, G0K Ro; G0.01 EQ. 12'-3" 10' -54"T -6z EQ. 1'5" 12" EQ. 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A�== EQ.-..---�-•- EQ.• • •'�w .. 4 - 90 DEGREES OF COLONNADE SHOWN AS STRAIGHT ' " UPLIGHT IN CHANNEL, SEE ELECTRICAL ,. 4 4" COLONNADE I 24 I RiT-8" - RIS'6"- R19'-10" CUSTOM SIGN FEATURE, SEE DETAIL D/18.04 & C/US05 PRECAST CONCRETE CAP, SEE DETAIL H/18.05 PRECAST CONCRETE COLUMN CLADDING JOINT PRECAST CONCRETE COLUMN CLADDING SEE DETAIL G/18.05 CLADDING SEE DETAIL F/1-8.05 GRADE SEE DETAIL EVUS.05 PRECAST CONCRETE: CLADDING SEE DETAIL E/18.05 CONCRETE FOOTING, SEE DETAILAJU&05 CAST CONCRETE SEATWALL DOING (BELOW) DETAIL A/18.04 & E/1-8.05 ICRETE SEATWALL (BELOW) CAST CONCRETE SEATWALL CAP, TYP DETAIL A/UB04 & 8/1-8.05 FRONT PRECAST CONCRETE SEATWALL GAP SEE DETAIL B, U3.05 - PRECASE CONCRETE SEATWALL CLADDING ?. MORTAR ® Q SEE DETAIL E/ .OS 1. 2 FINISH GRADE 4I 140 1'-10" CONTINUOUS SEATIAUL 2p❑ g PEDESTAL gYK 4 2'-2" CONTINUOUS PEDESTAL • e 4 0" FOR PRECAST SUPPORT `O _ - #S VERTS.@121, O.C. B.F. �^„�p?F 1 #5 HORIZ @12"O.C. 3' CONTINUOUS B.F. #S DOWELSF.O.C. PE'oo CONTINUOUS B.F. .B.F. � T 4 - 4•'I GENERAL FILL TO mads & n 98% COMPACTION /ALL CAP #5 DOWELS @12" O.C. CONTINUOUS 3<� W/ STD HOOK - 32" PROJECTION - MIN 3Ol1R - 3'-6" WIDE FOOTING W/ _ #5 @12" O.C. E.W. CONTINUOUS ffi 6. STRUCTURAL FILL &ipf FRONT a° a COMPACTED OR UNDISTURBED „ SUBGRADE u R SEATWALL SECTION ' NTS x d a 20' —PRECAST CONCRETE COLUMN, TYR SEEDETAILA/IB.05 , CONCRETE FOOTING (BELOW) t EQ. gp. � \ GROUT JOINT, EO 1 EQ. Z T o 0 w 23" �¢ GATEWAY( 2" B NTS z U w 0 a P CUSTOM SIGN FEATURE = SEE DETAIL AD/L8.04& C/U8.05 EL U COLONNADE I 24 I RiT-8" - RIS'6"- R19'-10" CUSTOM SIGN FEATURE, SEE DETAIL D/18.04 & C/US05 PRECAST CONCRETE CAP, SEE DETAIL H/18.05 PRECAST CONCRETE COLUMN CLADDING JOINT PRECAST CONCRETE COLUMN CLADDING SEE DETAIL G/18.05 CLADDING SEE DETAIL F/1-8.05 GRADE SEE DETAIL EVUS.05 PRECAST CONCRETE: CLADDING SEE DETAIL E/18.05 CONCRETE FOOTING, SEE DETAILAJU&05 CAST CONCRETE SEATWALL DOING (BELOW) DETAIL A/18.04 & E/1-8.05 ICRETE SEATWALL (BELOW) CAST CONCRETE SEATWALL CAP, TYP DETAIL A/UB04 & 8/1-8.05 FRONT PRECAST CONCRETE SEATWALL GAP SEE DETAIL B, U3.05 - PRECASE CONCRETE SEATWALL CLADDING ?. MORTAR ® Q SEE DETAIL E/ .OS 1. 2 FINISH GRADE 4I 140 1'-10" CONTINUOUS SEATIAUL 2p❑ g PEDESTAL gYK 4 2'-2" CONTINUOUS PEDESTAL • e 4 0" FOR PRECAST SUPPORT `O _ - #S VERTS.@121, O.C. B.F. �^„�p?F 1 #5 HORIZ @12"O.C. 3' CONTINUOUS B.F. #S DOWELSF.O.C. PE'oo CONTINUOUS B.F. .B.F. � T 4 - 4•'I GENERAL FILL TO mads & n 98% COMPACTION /ALL CAP #5 DOWELS @12" O.C. CONTINUOUS 3<� W/ STD HOOK - 32" PROJECTION - MIN 3Ol1R - 3'-6" WIDE FOOTING W/ _ #5 @12" O.C. E.W. CONTINUOUS ffi 6. STRUCTURAL FILL &ipf FRONT a° a COMPACTED OR UNDISTURBED „ SUBGRADE u R SEATWALL SECTION ' NTS x d a 20' —PRECAST CONCRETE COLUMN, TYR SEEDETAILA/IB.05 , CONCRETE FOOTING (BELOW) t EQ. gp. � \ GROUT JOINT, EO 1 z 0 O d E z Q H � 0 Lu v°Bi a fi.l Z Z a' EQ. Z T o 0 w 23" _ z z 0 O d E z Q H � 0 Lu v°Bi a fi.l Z Z a' EQ W� EQ. a' 1 SEATWALLILL ® �� - _3„_. UPLIGHT IN CHANNEL TYP TVP. ELECTRICAL NOTES: Pne SEE ELECTRICAL \, 42'-6-1. PROVIDE CODE REQUIRED DISCONNECTS FOR ALL SIGNAGE. ��. oanwN /ce 2 /x . PROVIDE HAN DHOLES AND CON DUIT AS REQUIRED AT TH E BOTTOM . . AND TOP OF ALL STRUCTURES AS REQUIRED FOR WIRING ACCESS. oescrrlo su. 3'-10”—+I -- COORDINATE HANDHOLE REQUIREMENTS DURING SHOP DRAWINGS, eREeeEn coT _ 24 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY sm 23'-8" - nPPaortD c SECTION B LIGHTED SIGNS. PROI..W. 1938NI35 C GATEWAY COLONNADE SOUTH ELEVATION D COLONNADE SECIIONS NTS L8.04 Z T o 0 w 23" _ z 2" � �: 90" z U w 0 LLJ EL U \ \ PRECAST CONCRETE SEATWALL CAP (BELOW) O > S R17'4' Z 0 w EQ. R1 > > ? Q R19' R19, -2' z ti R20'-2' LL EQ. 3 Z CUSTOM SIGN FEATURE, SEE DETAIL A/U3.04 &C/18.05 2 10 0 HSS 6x6xJq",T1P. -` - Y X 20'-Z' ~'l NO FEVISION DALE PODENDUmI 5/36/I5 , SECTION A EQ W� EQ. a' 1 SEATWALLILL ® �� - _3„_. UPLIGHT IN CHANNEL TYP TVP. ELECTRICAL NOTES: Pne SEE ELECTRICAL \, 42'-6-1. PROVIDE CODE REQUIRED DISCONNECTS FOR ALL SIGNAGE. ��. oanwN /ce 2 /x . PROVIDE HAN DHOLES AND CON DUIT AS REQUIRED AT TH E BOTTOM . . AND TOP OF ALL STRUCTURES AS REQUIRED FOR WIRING ACCESS. oescrrlo su. 3'-10”—+I -- COORDINATE HANDHOLE REQUIREMENTS DURING SHOP DRAWINGS, eREeeEn coT _ 24 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY sm 23'-8" - nPPaortD c SECTION B LIGHTED SIGNS. PROI..W. 1938NI35 C GATEWAY COLONNADE SOUTH ELEVATION D COLONNADE SECIIONS NTS L8.04 . I F q� 9 12" HEIGHT, 2q" PLATE STUD MOUNTED LETTERING 10, ® DOWEL COLUMN CLADDING INTO BASE 1'-10" CONTINUOUS SFATWALL CUSTOM SIGN FEATURE, SEE DETAIL A/18.04&C/L8.05 ` PRECAST CONCRETE CAP CONNECTION, PEDESTAL '< 1 2'-2" CONTINUOUS PEDESTAL �,� FOR PRECAST SUPPORT SEE DETAIL 418.05 (8)#5 VERT5.@12"O.C. GROUT AT )DINT, TYP. #4 TIES @ 10" O.C. CONTINUOUS W/ HSS 6x6.1" © - —GEDOWELS@12"O.C. CONTINUOUS PRECAST COLUMN CLADDING GENERAL FILL TO METAL FLASHING & WEEPS 98% COMPACTION W/ CONNECTION TO HSS 12'-3' r- CONTINOUS W/ STD HOOK 6 � - 37' PROJECTION IN 'J 3 C� VA 3-6" CONTINUOUS FOOTING W/ i #5 @12" O.C. E.W. CONTINUOUS - - STRUCTURAL RLL HSS AND FOOTING CONNECTION COMPACFED OR UNDISTURBED ^ COL ONNADE SECTION SUBGRADE Q 1 ENLARGEMENT, SEE DETAIL D/1-8.05 FINISH GRADE FRONT Y ' Y DOWEL COLUMN CLADDING INTO BASE 1'-10" CONTINUOUS SFATWALL � ( PEDESTAL '< 1 2'-2" CONTINUOUS PEDESTAL �,� FOR PRECAST SUPPORT W/ CONNECTION TO HSS (8)#5 VERT5.@12"O.C. GROUT AT )DINT, TYP. #4 TIES @ 10" O.C. CONTINUOUS W/ I" CHAMFER (3) - #4 TIES @ 4" O.C. AT TOP - —GEDOWELS@12"O.C. CONTINUOUS PRECAST SEATNALL CAP, SEE B/18.05 GENERAL FILL TO METAL FLASHING & WEEPS 98% COMPACTION �- (8)#5 DOWELS @ 12" O.C. r- CONTINOUS W/ STD HOOK 6 � - 37' PROJECTION IN 'J 3 C� VA 3-6" CONTINUOUS FOOTING W/ i #5 @12" O.C. E.W. CONTINUOUS - - STRUCTURAL RLL 8 COMPACFED OR UNDISTURBED ^ COL ONNADE SECTION SUBGRADE Q 1 NOTE. r. s PROJECTION AT PROVIDE 6 a" X 3 16" NOTCH AT COLUMNT COLUMN CONNECTION HSS PENETRATIONS. SEE DETAIL D/L8.04 & 4 5•• J 2" A/L8.05 FOR HSS PENETRATION LOCATIONS. 8 3 V TYPICAL SECTION R1T-6" J a R r R20' tel" CHAMFER 3. 1 6.. i T-111163" PLAN - RADIUS CAP PLAN - END CAP PRECAST CONCRETE SEATWALL CAP NTS 1% SLOPE, TYP. 11-B12" 12" TVP. 4 FRONT FRONT COLLAR EOR 'PLIGHT, TYP. SEE ELECTRICAL 6" a" ' 1 -SIDED LIGHT BOX WITH } PLATE CUSTOM SIGN GRAPHICS AND PERFORATED METAL BACKING WITH TRANSLUCENT WATERPROOFING PANEL STRIP LIGHT PER ELECTRICAL 1Ox10xi" 1„ R TYP. HSSI 6 8, — —j" PLATE, TYP. I - - 1/a TV. SEALANT W/ BACKER ROD 11 SEECAH, RETE CAP, 6, SEE DETAILH, L8.05 8 A PLAN DOWEL CAP INTO COLUMN CLADDING WITH STAINLESS STEEL PINS I9" CHAMFER i CHAMFER DRIP EDGE, TYP. 1 -02" 4" }'GROUT O ]DINT f4HSS6X6X}" RECAST CONCRETE COLUMN I CLADDING W/ CONNECTION TO H55 a p ETE CAP CONNECTION ELEVATION A SECTION B PRECAST CONCRETE BASE CLADDING vftECAST CONCRETE COLUMN 1 cNTS CLADDING W/ CONNECTION TO HSS — — — — — — — — — — — p-24' DOWEL COLUMN CLADDING INTO BASE CLADDING WITH STAINLESS STEEL PINS a" VOID, TVP. PRECAST CONCRETE BASE CLADDING NO REVI$ W/ CONNECTION TO HSS -----}" GROUT AT )DINT, TYP. I" CHAMFER 1/4 PRECAST SEATNALL CAP, SEE B/18.05 DRAWN METAL FLASHING & WEEPS ELEVATION PROVIDE 22" SQ. RECESS IN CONCRETE FRONT/BACK AT COLONNADE CONNECTIONS A # 3/4" BASE PLATE x 12"x12" 1" t GROUT (4) - a" ASTM F155Y GU6 d HEADED ANCHOR RODS W/ \' d 12"EEMBEDMENT -9"C/C SPACING \\�-V-10' CONTINUOUS SEATWALL a 'p' 1'-10"�+ PRECAST SEATNALL CLADDING, SEE DETAIL E/18.05 c c 2-2' EXPANSION MATERIAL, TVP. n n d 2'-2" CONTINUOUS PEDESTAL FOR PRECAST SUPPORT ^ GENERAL FILL TO /, ^ ,CAST CONCRETE BASE CONNECTION 98% COMPACTION PRE NTS rR19' 8" ]6" 38••TYP. R19'-00' 0 NOTES: 1. REFER TO SHEET 1-8.10 FOR STRUCTURAL NOTES. 2. PROVIDE STAINLESS STEEL DOWEL CONNECTIONS OR APPROVED ALTERNATIVE BETWEEN PRECAST CONCRETE PIECES. 3. PROVIDE 3/8" MORTAR JOINT AT ALL PRECAST CONCRETE CONNECTIONS. ALL DOWELS SHALL BE SET WITH OVERSIZED HOLES AND 2 -PART EPDXY ADHESIVE. 4. ANCHOR PRECAST CONCRETE TO STEEL STRUCTURE WITH APPROVED, SHOP APPLIED, CONNECTORS. S. CONTRACTOR TO PROVIDE FULLY DETAILED SHOP DRAWINGS FOR FABRICATION AND INSTALLATION. 6. CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND DIMENSIONS PRIOR TO FABRICATION AND INSTALLATION, ELECTRICAL NOTES: 1. PROVIDE CODE REQUIRED DISCONNECTS FOR ALL SIGNAGE. 2. PROVIDE HANDHOLES AND CONDUIT AS REQUIRED AT THE BOTTOM AND TOP OF ALL STRUCTURES AS REQUIRED FOR WIRING ACCESS, COORDINATE HANDHOLE REQUIREMENTS DURING SHOP DRAWINGS. 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY LIGHTED SIGNS. SECTION - FLAT CLADDING SECTION - END CLADDING SECTION - RADIUS CLADDING PROJECTION AT COLUMN CONNECTION T 3'-916" ------ ELEVATION -FIAT CLADDING ELEV. - END CUDDPlG �l 8, 2 3'-108, 8, ELEVATION -RADIUS CLADDING TYPICAL SECTION 1'_2�, 8, 3.. 8. CHAMFER �" w3 -� ��i� 16 c g PLAN 1•_B• up„S _ 000 16 .i3f 2^ }” CHAMFER 4" £ D _ a< B 1-421 6- Noz 5 6" g ELEVATION ' . A16 R �R CHAMFER 6�tK L'gDD y DF F 3 B g• 4•• �'Pw SECTION nov„ V R oo fiPRECAST CONCRETE CAP NTS = T' 4 1 N W O 16 16 � q. A Z l Q ~=U' 0 O O 3" W tioZ {� Z Z oN Z e �1'2I'� C '�' z0 L q w w U ) LLU p ¢ CL 3 TYPICAL PRECAST CLADDING - SECTION 0 >-0 = LD U l'-2'-4. t]p U W 7— LN w OJ EQ. 3- �I 1._2.. H \\\ EQ I `UPL HT IN BASE G TYPICAL COLUMN SECTION CLADDING, TYP. (BELOW) 4 B - SIDE NO REVI$ DRAWN ELEVATION A - FRONT/BACK ELEVATION P.l. RR CHECKED sM PRECAST CONCRETE CLADDING 19-8--0-5 G N.T I J 32'-02'" 3' a" 1 1 1 1 1 ORIC EVENT PERGOLA PLANNTS WX81", W/ CAP PLATE EACH END 60.j", W/ CAP PLATE EACH END 6AXx ', W/ CAP PLATE EACH END SOLA COLUMN BELOW NOTES: 1. REFER TO SHEET L8.10 FOR STRUCTURAL NOTES. 2. PROVIDE STAINLESS STEEL DOWEL CONNECTIONS OR APPROVED ALTERNATIVE BETWEEN PRECAST CONCRETE PIECES. 3. PROVIDE 3/8" MORTAR JOINT AT ALL PRECAST CONCRETE CONNECTIONS. ALL DOWELS SHALL BE SET WITH OVERSIZED HOLES AND 2 -PART EPDXY ADHESIVE. 4. ANCHOR PRECAST CONCRETE TO STEEL STRUCTURE WITH APPROVED, SHOP APPLIED, CONNECTORS. 5. CONTRACTOR TO PROVIDE FULLY DETAILED SHOP DRAWINGS FOR FABRICATION AND INSTALLATION. 6. CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND DIMENSIONS PRIOR TO FABRICATION AND INSTALLATION. Z. REFERTOSHEET -8.09 FOR STEEL SIZES AND WELD INFORMATION. �N ELECTRVIDE iEaO < le Lo<� 1. PROVIDE COODD E REQUIRED DISOR ALL CONNECTS ANDT 2. PROVIDE HANDHOLES AS REQUIRED AT THE BOTTOM AND TW OF ALL QUIRE AT ' x STRUCTURES AS REQUIRED FOR WIRING ACCESS. COORDINATE a' w <na HANDHOU AND CONDUIT REQUIREMENTS DURING SHOP DRAWINGS. 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY LIGHTED SIGNS. a❑ oY� R <a 4 &FiE PERGOLA LATTICE, J 22 SEE DETAIL G/LS.08 a-2< zos?i = R 3' 4" Coon .......... ..,..._.....,.... iia= � ° 3 C NTSVy D NTS y E NTS V � i LAD Ervo�M1 amis� DRAWN se. jD DESIGrv® SM CXECSSO GD Im PROD WJ.D 193833183 L8.08 B a" VOI HSS 8x8x 44. 4 J PLAN T -541 - CLADDING i (8) #5 DOWELS W/ STD HOOK - 37" PROJECTION , Q 1" BASE PL x 12'x12" d i' B" NHN 3',8" SQ. FOOTING W/ d °° 1" t GROUT 1 3 CLR #5 @12" O.C. E.W.I; 1 EXPANSION MATERIAL AND .. C -a SEALANT, TYP. - d T9::::(4) - o" ASTM F155Y GR36 HEADED ANCHOR RODS W/ 8 _ d _ 12"EMBEDMENT -9"C/C SPACING I _ o I' 1'-8" SQ. PEDESTAL 7�GENERAL FlLL TO 96%COMPACTION A CMC EVENT PERGOLA SECTIONS S AND FOOTING CONNECTION NTS NTS / C ,PRECAST CONCRETE BASE CLADDING NTS LIGHT BOX WITH CUSTOM SIGN GRAPHICS AND PERFORATED METAL BACKING _u _ WITH TRANSLUCENT PERGOLA LATTICE, WATERPROOFING PANEL SEE DETAIL G/L8.08 CUSTOM GRAPHIC 6-21'.2'. PERGOLA MOUNT ON COLUMN, " �- 18" TYP. SEE DETAIL C, E/IB.OS PERGOLA IATTICE,144 ` SEE DETAIL G/I8.08 SEALANT W/ BACKER RODPRECAST 1 CONCRETE CAPPRECAST CONNECTION, SEE DETAIL C/L8.09SEE CONCRETE CAP, DETAIL H/L8.09 CUSTOM EMBLEM LIGHT,SEE DETAIL B/L8.09F1ATEHSS EDGE"GROUT 8x8XJ/8"DRIP AT JOINTPRECAST COLUMN CLADDINGOWEL CAP INTO COLUMN CLADDING W/ CONNECTION TO HSSITH STAINLESS STEEL PINS H55 8x8.PRECAST CONCRETE CLADDING, RECAST CONCRETE COLUMN CONNECTION ENLARGEMENT, CLADDING W/ CONNECTION TO HSS SEE DETAIL D/113.09 PRECAST CONCRETE CAP CONNECTION 9 1 g- PRECAST BASE CLADDING 2 ` W/ CONNECTION TO HSS AND FOOTING CONNECTION ASS AND FOOTENT, 1-04 1 ENL 4�. 4�' - SEE DETAIL E/L8.09 PRECAST CONCRETE COLUMN ` CLADDING W/ CONNECTION TO HSS o HSS 8x8xa" DOWEL COLUMN GADDING INTO BASE CLADDING WITH STAINLESS STEEL PINS i" GROUT AT JOINT, TYP. FINISH GRADE I VOID, TVP. PRECAST CONCRETE BASE °I- 8 8 CLADDING W/ CONNECTION TO HSS s' '� I'-8" SQ. PEDESTAL ' •' PRECAST CONCRETE CLADDING CONNECTION v 4'0. e 1 NTS (8)-#S VERTS. HSS 8x8.3/8" #4 TIES @10 OC W/ V-8^ TYP. - (3) - #4 TIES @ 9 O.C.AT TOP 5/16 i .' GENERAL FILM PRE CAST CONCRETE BASE ° 98% COMPACTION -' METAL FLASHING & WEEP FINISH GRADE a" VOI HSS 8x8x 44. 4 J PLAN T -541 - CLADDING i (8) #5 DOWELS W/ STD HOOK - 37" PROJECTION , Q 1" BASE PL x 12'x12" d i' B" NHN 3',8" SQ. FOOTING W/ d °° 1" t GROUT 1 3 CLR #5 @12" O.C. E.W.I; 1 EXPANSION MATERIAL AND .. C -a SEALANT, TYP. - d T9::::(4) - o" ASTM F155Y GR36 HEADED ANCHOR RODS W/ 8 _ d _ 12"EMBEDMENT -9"C/C SPACING I _ o I' 1'-8" SQ. PEDESTAL 7�GENERAL FlLL TO 96%COMPACTION A CMC EVENT PERGOLA SECTIONS S AND FOOTING CONNECTION NTS NTS VOID, TYP. 816 13" ROUND LIGHT BOX, SEE ELECTRICAL TYP. aid '^ 1 VAI III VA—III PRECAST CONCRETE COLUMN CLADDING W/ CONNECTION TO HSS CUSTOM EMBLEM LIGHT NTS COLLAR FOR UPLIGHT, TYP. SEE ELECTRICAL 3.. 4 CHAMFER COLLAR -- COLLAR FOR UPLIGHT, TYP. SEE - - - ELECTRICAL L E 3" Ll CHAMFER ELEVATION A SECTION B / C ,PRECAST CONCRETE BASE CLADDING NTS LIGHT BOX WITH CUSTOM SIGN GRAPHICS AND PERFORATED METAL BACKING _u _ WITH TRANSLUCENT 4" 1 2 WATERPROOFING PANEL PLATE SURFACE MOUNT CUSTOM GRAPHIC 6-21'.2'. " �- 18" TYP. VOID, TYP. 816 13" ROUND LIGHT BOX, SEE ELECTRICAL TYP. aid '^ 1 VAI III VA—III PRECAST CONCRETE COLUMN CLADDING W/ CONNECTION TO HSS CUSTOM EMBLEM LIGHT NTS COLLAR FOR UPLIGHT, TYP. SEE ELECTRICAL 3.. 4 CHAMFER COLLAR -- COLLAR FOR UPLIGHT, TYP. SEE - - - ELECTRICAL L E 3" Ll CHAMFER ELEVATION A SECTION B / C ,PRECAST CONCRETE BASE CLADDING NTS ///--- 116 TYPICAL PRECAST CLADDING - SECTION 8" 3" e.. EO. r B 1 4a 0_ 2--3- L: ' 3" CHAMFER PLAN — p�3 p-7444" 1„ i6 2 o" CHAMFER 4" ILS�,I 1 -7 r-74• E EVgTHAN 14' -----�-- j"CHAMFER 14 1g � E2" 8q" �I DRIP EDGE, P. SECTION A NOTES. 1. REFER TO SHEET 0.10 FOR STRUCTURAL NOTES. 2. PROVIDE STAINLESS STEEL DOWEL CONNECTIONS OR APPROVED ALTERNATIVE BETWEEN PRECAST CONCRETE PIECES. 3. PROVIDE 3/8" MORTAR JOINT AT ALL PRECAST CONCRETE CONNECTIONS. ALL DOWELS SHALL BE SET WITH OVERSIZED HOLES AND 2 -PART EPDXY ADHESIVE. 4, ANCHOR PRECAST CONCRETE TO STEEL STRUCTURE WITH APPROVED, SHOP APPLIED, CONNECTORS. 5. CONTRACTOR TO PROVIDE FULLY DETAILED SHOP DRAWINGS MR FABRICATION AND INSTALLATION. 6. CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND DIMENSIONS PRIOR TO FABRICATION AND INSTALLATION. ELECTRICAL NOTES', 1. PROVIDE CODE REQUIRED DISCONNECTS FOR ALL SIGNAGE. 2. PROVIDE HANDHOLES AS REQUIRED AT THE BOTTOM AND TOP OF ALL STRUCTURES AS REQUIRED FOR WIRING ACCESS. COORDINATE HANDHOLE AND CONDUIT REQUIREMENTS DURING SHOP DRAWINGS. 3. INTEGRAL LED LIGHTING SHALL BE PROVIDED FOR ALL INTERNALLY LIGHTED SIGNS. 816 TYPICAL COLUMNAE COLUMN 5�8'J VOID e �ELEVATION A - FRONT/&ICK ELEVATION SIDE PRECAST CONCRETE COLUMN CLADDING NTS DATE Sl'RVP PBR NESGNE Ce SMK L8.09 n. 0+00 o N tt' H� �U f A WELLS FARGO BANK 00O 31,1'--- _. _.. 11 GENERALNOTES: 1, REFER TO A/E601 AND 0/E601 FOR DETAILS RELATED TO THE TREE GRATE RECEPTACLES. , CONDIAT AND WIRE 3OEDLR.E: A. 1.5"C-5a6,1k6G 1 •4•6k65 TRANDMUL-DMODFOT G' L t 1 5"C -NYLON PUCC CA6lE `� ■ U d 4J C to +J �m Q 0 V) Lu z z ji W 0- 0 LU W z si 01 FA w a �1 ! a 10' ME SAP 1e2-104-004 bRA'Nu MTF Mff GMEci. 9ss PPVCvm B55 vvo - m:nomro E1.01 1 NEW HOPE FIRE STATION \ \ IFA- \ I l I I I I a 1 i t (_ FKISIIIIG NANpeKKE ND0D NEW F NEW EMST4IG NANW AND CITY HALENflN EXLSIING INNQtOUCE N CITY NM11L XYLONAVE N ' ( CONREfTNNWI PROW0E0B OMER(MC C0NIMClOR 4IALL VROVfDE TU W10.1NG p5 �y � j SXOWN FITXE DRRWMCd.NNIR4Ns AS OWN 1 TO neN RASL CDNIXRI'NNNECTRINS AS SFpLYN I { grn�zuwuas. 1 EDPOST �PJUL { `" — — -- e C4 z A _ va ,Ne xW CL rh Lu 11 -------------------- 41, . Jul _. — 1 Iv tl'. FFFFFFFFFF 1 1 4 II Z CONDUIT AND WIRE SCHEDULE: Q. A. 1.5"C -5#6,1#6G sly C. 1.I"a°°C�hND MULTI- MODE FIBER OPTIC CABLE ,�, 1`2S C -NYLON PULLCOR - - ..�......� ►I i Q DATE Ye,s �� DR+WN Mr0 OESIGNEO MEF U 10' 20' - EceE3 esr uxrsrm ars ml �o Irxorzmo SAP 132-104-004 E1.02 �li�r s `kip NEW HOPE POOL -- - ._ • • • » i NLL�NEW FIBER t�O.r ,s1sTRl4T OJNOUfi M10VmFl) RY OTIER (NIC). ,.. , � � _ CONiAAON THE DMWIN IOE THE WIRING AR Q W _ LON AV ON EO�RAW N6 WiNGS �— --`1 " p G ui I Z ---..-. ;111-- ........ TO MVS flNEt CON WR CONNEClIM6 AS 5X614}1 Z N4 Wi GCi WP 9ta is Get 1 N9 �R{I x w ° LLj CL Z&z _.--- - = vlr�- > — rvg II Lu S u A, vi RFi�AC1E rCAMY.TAt `� YPG OFEACN - - .Y--. Ii—� ...--._._.. _'_ _ . ..._ _ sTREEr;T ueaiTlucet�u!!niEr✓ z — 1 t LU , I BVY7RlGHF•NEltpi;:P tLZ URLLfY TRANSFORMER -.7,11-7 DAIF I I :A 1.5"65#6,10691 IZ neva rsR C. 4"C -EMM (FUTURE DATA TOREADER BOARD) '^— —` c D. 1.5"C -2#6,1#6G o FE., Y'C-3#6,392,1#2C 16' 20' � cveeKeo NEW HOPE CITY HALL PARKING LOT � 4J aqs „� sxoze+o srn+wnw E 1.03 1 SAP 182-169-664 1 TV .Y -t,,N c Ill! __' o wj I --.-C__L_- NLL�NEW FIBER t�O.r ,s1sTRl4T OJNOUfi M10VmFl) RY OTIER (NIC). ,.. , � � _ CONiAAON THE DMWIN IOE THE WIRING AR Q W _ LON AV ON EO�RAW N6 WiNGS �— --`1 " p G ui I Z ---..-. ;111-- ........ TO MVS flNEt CON WR CONNEClIM6 AS 5X614}1 Z N4 Wi GCi WP 9ta is Get 1 N9 �R{I x w ° LLj CL Z&z _.--- - = vlr�- > — rvg II Lu S u A, vi RFi�AC1E rCAMY.TAt `� YPG OFEACN - - .Y--. Ii—� ...--._._.. _'_ _ . ..._ _ sTREEr;T ueaiTlucet�u!!niEr✓ z — 1 t LU , I BVY7RlGHF•NEltpi;:P tLZ URLLfY TRANSFORMER -.7,11-7 DAIF I I :A 1.5"65#6,10691 IZ neva rsR C. 4"C -EMM (FUTURE DATA TOREADER BOARD) '^— —` IT D. 1.5"C -2#6,1#6G o FE., Y'C-3#6,392,1#2C 16' 20' � cveeKeo Rss Alll ' m M aqs „� sxoze+o srn+wnw E 1.03 SAP 182-169-664 I Ll ' �� Dt4iiW U d C CITY HALL. ASSUME IN ffft MFIMARR.mNrRnaoRs'wL.rTan 4J ATDATBlE AT DFMPAK FOR TTIMMARON1 ) O1TI815. 1 v , NEW HOPE CITY HALL -EXBNMFIBERT i NEW FlTO t \\ 1 x Q o O Z U w LU o < •1_,•� <.zz Lii w >,2 '`,{A, W v U _'_`'r-.--�`•"` �-�: ) �"�` \ :`via, �L°/ Z w h > Z J CONDUIT AND WIRE SCHEDULE Q A. 1.5"C -5#6,1#6G B. 1.5'C -3#6,1#6G C. 1.5"C -2#6,1#6G Mi( 0 IO' 20' �.AfcKeo exe �� cpm BSS. ��o Inxbem SAP 182-104-004 E 1.04 ij 1 \ 1 1 1 INSiREEi CDNDUIT>RONDFD BY OTTER (W C). —'' CDNiaACTCR ENALLPRDVIDETNTWIRING AE SHDNN ON TIE dNWP1CS. CDNfaKIDR MAY NEED TO NAME Fl CDNDDIUCDNNECIIONSASStK(WN OMWEDRAWi L u --_..------ _ ' \ --------------------------- L , r ——_ .,�FLZ.5. I— x , E I� r� � � lr � 1� t•I i� l� l� � � � �I:.�°� - SEE SHEET E#. CONDUIT AND WIRE SCHEDULE: OO � id' 20' A. 1.5"C-5A6,IA6G u d m v =9� C Ml aeic.n Mlr cvee.o oss nrvacv� ess ma n0 iexomiv sn +uww E1.05 i CONDUIT SEE SITE PIAN FOR DETAILS 7 HN I 12%I7k12 CONOUITAND WIRE SCHEDULE: r ril�(ii A. NOI"USED 0, 1.5'C -TBG I jt C. 0.75Y-2#6,-2N6,1=5G FIXTURE TYPE OAR TRANSFORMER. D. 0,75'G -i FIXTURE CABLE r r r GROUND r f Fq EWTTM TIGRADE. VERIFY EXACT IG SIGN WITH LIGHT BOX. T'l I}''^� I DURING CONSTRUCt70N. REFER TO LANDSCAPE , 0. Z S GENERAL NOTES DRAWINGS FOR V i I. SEE DRAWING E7.01 AND E7.02 FOR W1R!NG DETAILS, DETAILS, PROVIDE FINAL CONNECTIONS. { 2. ALL WIRING SHALL BE CONCEALED INSIDE STRUCTURE. t,' ! COORDINATE INSTALLATICH REQUREMEN7'S DURING j 51; t CONSTRUCTION. 1 � FIXTURETYPE OAR TRANSFORMER. GROUND MOUNTED FLUSH WITH GRADE. VERIFY EXACT LOCATION � r �„+"`✓\\� DURING CONSTRUCTION. {�J FIXTURE TYPE DAB TRANSFORMER `\ GROUND MOUNTEDiLUSH, WITH %GRADE. VERIFY EXACI LOCATION DURING CON$TRitCTyON,Nr Z j t FIXTURE TYPE CAB TRANSFORMER. +\ N "l\1\ GROUND MOUNTEDFWSH WITH •.� GRADE. VERIFY EXACT LOCATION FIXTURE TYPE OAR DURING CONSTRUCTION, TRANSFORMER. GROUND MOUNTED X.� RUSH WITH GRADE. VERIFY EXACT —.I LOCATION DURING CCONSTRUCTION. -, C ------- B — lJ GATEWAY COLONNADE — PLAN VIEW CO DUI PLAN FOR DETAILS V SAP 182-104-FYz .� Z V/ NEW HOPE CITY CENTER 1. i rt n FIXTURE TYPE OAS TYPICAL GATEWAY COLONNADE ELEVATION _ NOT TO SCALE SIGN WITH INTEGRAL LIGHT BOX, SEE LANDSCAPE DRAWINGS FOR DETAILS. PROVIDE FINAL CONNECTIONS. SAP 182404-004 u 4J c m (4J ig Q F- LU LU Q LLI z CZ G LL d 0 T W Z T, Z > Q NGF `ON nalF CONDUIT SEE SITE PLAN '— --- FOR DETAILS -- — j-OA9 SIGN WITH INTEGRAL LIGHT BOX. SEE O j LANDSCAPE DRAWINGS FOR DETAILS, PROVIDE FINAL CONNECTIONS. SIGN WITH INTEGRAL LIGHT BOX. SEE DRAWINGS FOR DETAILSPROVIDE h\ II /—LANDSCAPE FINAL CONNECTIONS. 0.7YC-2#6,1#6G _ SIGN WITH INTEGRAL LIGHT BOX. SEE FIXTURE TYPE DAB O LAN DSC APE DRAWINGS FOR DETAILS. N ROUND TMOUNTED FLUSH WITH IDAB 111' PROVIDE FINAL CONNECTIONS. — LOCATION WRING -- CONSTRUCTION. CONDUCEBANNER COLUMN PIAN VIEW SEE SITE PIAN FOR FOR DETAILS a 2 - WITH INTEGRAL T BOX. SEE ,$CAPE DRAWINGS DETAILS. PROVIDE L CONNECTIONS. 1 NAB SIGN WITH INTEGRAL LIGHT BOX. SEE LANDSCAPE DRAWINGS FOR DETAILS. PROVIDE FINAL CONNECTIONS. BANNER COLUMN - GLI-VATION LIGHTING RENDERING 'ACE i0 $CASE GENERAL NOTES 1. SEE DRAWING E7.01 AND E7.02 FOR WIRING DETAILS. 2. ALL WIRING SHALL BE CONCEALED INSIDE STRUCTURE COORDINATE INSTALLATION REQUIREMENTS DURING CONSTRUCTION. u aD Ln Q H 0 Lu W Z Z W ZO11- 0 W Z N v .'w', DAIS IAf SAP 182-104-004 E6.05 FIXTURE TYPE OAB TRANSFORMER R GROUND MOUNTED FLUSH WITH ; GRADE. VERIFY EXACT LOCATION 52 DURING CONSTRUCTION. TYPICAL s"o FOR DETAILS ------ - it i BOLLARD FIXTURE TYPE BOL TYPICAL ------------ H�.... _'. 7 7. .. ._. _. A CIVIC EVENT PERGOLA #1 - PLAN VIEW - _..........___..___._-- G B' I' -t Yb'- BTB SEE SITE PIAN FOR DETAILS CIVIC EVENT. PERGOLA. #2 '- PLAN VIEW FIXTURE TYPE DAB TRANSFORMER,. �D--------------- ---- ---- ERIFYE ACT LO WITH lY,__._______.___ ___________.____-------- [_�___.�'' _ ------------------- GROUND(��)_/__} _ CONDUIT GRADE. VERIFY EXACT LOCATION LL _ s—/ -- ' ---4^; I i ` FSEE OR SITEDETPLAN DURING CONSTRUCTION. TYPICAL 47 GENERAL NOTES I. SEE DRAWING E7.01 AND E7.02 FOR WIRING DETAILS 2. ALL WIRING SHALL BE CONCEALED INSIDE STRUCTURE. COORDINATE INSTALLATION REQUIREMENTS DURING CONSTRUCTION. CONDUIT AND WIRE SCHEDULE: A. S.S"C-3#6,i#6G B. 1.S"C-2#6,1#6G C. 0.75"C -2#6,1#6G D. 0.75"C-1 FIXTURE CABLE PLAN ,ILS Z w w O K 2 Q W Q�r r� W Lu U `Z �o L<O� LL Zwa W - V IL Z. U O W w 2 FC W � Z Q ;. _ er P €� CONDUIT SEE SITE PLAN FOR DETAILS _ c�GVIC o n as --_ == ------------85 A __ CONDUIT t_ HH SEE SRT PLAN FOR DETAILS . --. EVENT PERGOLA 13 PLA P. v' -W sK� �� SAP 162 -IW -004 suevn eaa oe.av mn otsro,+r mn eam vo nxoaem E6.06 u n l �o w S S� gU8 H Z W W } D! CdC Q < H W O — H CIVIC EVENT PERGOLA — ELEVATION LIGHTING _RENDERING Lu U z o P � Z4 W U Z�< W— .0& TYPICAL PE HIM O J FIXTURE TY �y1 n-. Iw wry _FIXTURE TYPE HB6 Lu o TYPICAL ll RE TYPE HB6 RA ` SIGN WITH INTEGRAL } SIGN WITH INTEGRAL TNS ORMR, VERIFY SIGN WITH INTEGRAL }Q EXACT LOCATION DURING LIGHT OX, SEE LIGHT 80X. SEE zLIGHT BOX. SEE SHOP DRAWINGLANDSCAPE DRAWINGS LANDSCAPE DRAWINGS LANDSCAPE DRAWINGS O FOR PROVIDE "* s� FOR DETAILS. PROVIDE T t - •�' FOR DETAILS. PROVIDE "vI DETAILS. FINAL CONNECTIONS, FINAL CONNECTIONS. FINAL CONNECTIONS- X FIXTURE y ^ FIXTURE TYPE OAS TYPE OAS TYPICAL TYPICAL a+TE �CI✓iC EVENT PERGOLA ELEVATION G CNIC EVENT PERGOLA — ELEVATION y�p ou rr•—�_-_- r,� � a, Ana , t SAP 182-104004 E6.07 QUI fS� 238£ I ov�o PATHWAY LIGHTING WIRING DETAIL GENERAL NOTES rN0 SG4UE 1. NOTE THAT THE GROUND WIRES ARE NOT SHOWN IN THE i./ SCHEMATIC ABOVE. a DATE 0R�WN MIF a�ireo MTF OVm 65S PROI.NC '9:"b',:810 SAV 182-104-004 E7.601 N E LUMINAIRE SCHEDULE �- FI%iUgE ID OA8 DESCRIPTION LEOINGgAOE DELIGHT LUMINAIRE N HY VfARGREP BgSR OF 0E51GN HYDREI 81RCH LAMPTVPE ONE Ll HIGH OUTPUT Lf D5, 3000K POW E0. 6VA VOLTAGE 12V ! BALLASijDflIVEP{ RANSFOPMEN REMOTE I2VACTRANSFORMFRARANSFORMEP, SMALL POLYMERIC COMBO 00%IIOUSINGTHE TRANSFORMER SUITABLE FOR DIgECi dUPN1 WATTAGE AS REQUIRED FOR LOADS SERVED CONDUIT ENTRIES AS SHOWN ON THE DRAWINGS 120VAC HOUSING BODY AND TUBE MACHINED FROM AWMINUM: FACEPLATE DI CAST FROM ALUMINUM, BRASS STAINLESS STEEL FACEPLATE SHALL BE SELECTED DUPING SHOP DRAWINGS LENS BOAOSILICATE GLASS OPTICS NARflOW SWT - FINISH SELECTED DURING SHOPI DRAWINGS FROM STANDARD FINISHES -.y.�.._�.._..�_ MOt!NIING RECESSED CONCRETE LISTINGS UL LISTED WE( LOCATION NOTES SEE DRAWINGS FOR MOUNTING, PROVIDE CONCRETE POUR PINK, PROVIDE CORD LENGTH AS PEOU IRE IF -- 2 .RECEPTACLES 9 RECEPTACLE PEDESTAL 2 HB6 LED RECESSED LIGHTING FIXTURE WAGNER ARCHITECTURAL. LEOPOD NL LED, 302LM, 3000K SIVA 24V REMOTE 24V DPNERITRANSFORMER. WATTAGE AS REQUIRED FOR LOADS SERVED. CONDUIT ENTRIES AS SHOWN ON THE DRAWINGS. 120VAC LEOPOD ASSEMBLY, 135' DIAMETER GLASS SYMMETRICAL SELECTED DUPING SHOP DRAWINGS FROM STANDARD FINISHES RECESSED COORDINATE DURING SHOP DRAWINGS UL LISTED SEF.ORAWINGS FOP MOUNTING 14 RECEPTACLES 16 BOLLARDS, PERCiJLAS 11 1000 20A,1P 19I 1000 ' BOL LED SQUARE LOUVERED... FLATTOP BOLLARD HYDREL 3140 LEO 60VA mVOLT WIRED FOR 120V INTEGRAL LED DRIVER ALUMINUM FROSTED GLASS SYMMETRICALLOUVERS - SELECTED DURING SHOP DNAWINGSFPOM STANDARD HNISNES MOUNTED iOACON[PETE BASE ULLISTED PAINTED TO UVERS AI NATURE X ZOA,iP 26 SPARE BANNERCOLUMN PANEL MAN AMPS 308 MI S LOCATION. SERVILE RINGS OAKE0. O. BUS AMPS 488 MARS LUGS ONLY .FED FROM'. VT1L]'fY TRANSFORMER TRANSFORMER SEAL PHASE 3 III 4 VOETi'. 110l248Y CABINET MOUNTED CIRCUIT DESCRIPTION CC. MAKERS N0.150A,2P4800 BUS I BREAKERS I CKT. ORCU70ESCRIMON N0. R C LOAD TRIP RECEPTACLE PEDESTAL #1 1 3 IF 1800 30A,2P % 1980 2 .RECEPTACLES 9 RECEPTACLE PEDESTAL 2 5 20 % 900 30A,2P X 900 6 RECEPTACLES B RECEPTACLE PEDESTAL #3 9 0 110 X 900 30A,2P %900 1DRECE TACLEE 12RECEPTACLE PEDESTAL #4 13 0 15 I 4800 X 1080 30A,2P % 1000 14 RECEPTACLES 16 BOLLARDS, PERCiJLAS 11 1000 20A,1P 19I 1000 X 1060 KIP % 500 20,1P IS R. IRRIGATION CABINET 28 IR. IRRIGATION CABINET GATEWAY ENTRY SIGN LIGHTING 21 20A,SP 1800 % 500 20A,1P 22 JUGHTING CONTROL WTEtVAY Ci7TRY SIGN TV 23 20AiP 1000 %-20A,IP 24 SPARE GAFCL{AY COLONNADE 25 2 A,SP 1000 X ZOA,iP 26 SPARE BANNERCOLUMN D 2OA,IP 500 % 20q,IP 28 SPARE BANNER COLUMN 29 20A.IP 500 1XI 20A,IP 30 SPARE maim. CAUL 31 20A,1P 500 1 Ix 20A,1P 32 SPARE BMRYER COWAN 33 201 500 % 20A,1P 34 SPARE OUI SPIE 35 X 36 BUSSED SPACE IID59En SPACE 37 X1 38 BUSSED SPACE BUSSED SPACE 39 % 40 BUSSED SPACE tGTALCONNC=WL%0PR51�A 29460INOTE5e -=LIGHTS R=RECEPTACLE PROVIDE INTEGRAL SPD 'HACK RATED BREAKER -ISOLATED GROUND CIRCUIT "••GECI RATED BREAKER TOTAL.Ct}MUX�TED LAAO PHASE B 21560 TOTAL CQNNECTF9 LOAD PH1W A,B,C 51020 TOTAL CONNECTED AMPS 237.6 TACLE PEDESTAL(GERRARI 26800 EPTACLE{DEMPN I 105600 4 td;TING ) 0750 TOTAL DEMAND LOAp PHASEA,B,C1 48110 TOTAL DEMAND AMPS1 200.5 ouA Cl 'p «i f �o g Eoo g zi a -<S 2 o SAP 102-204-004' E8.01 MTF WE ms SAP 102-204-004' E8.01 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. W. /W , Christopher W. Long, P.E. Date: May 7, 2015 License # 47106 ELECTRICAL 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. LANDSCAPE ARCHITECT 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 Landscape Architect under the laws of the State of Minnesota. Stuart M. Krohn Date: May 7, 2015 License # 40002 STRUCTURAL 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. Bryon S. Schmidt, P.E. Phillip J. Caswe .E. Date: May 7, 2015 License # 51544 Date: May 7, 2015 License # 19204 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2015 Staniec 1 193802810 0001 05-1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Not Used Divisions 03 - Concrete 03 1000 Concrete Formwork 03 20 00 Concrete Reinforcement 03 30 00 Cast In Place Concrete 03 45 00 Architectural Precast Concrete 03 60 00 Grout Division 04 - Masonry 0405 13 Masonry Mortaring 04 05 19 Masonry Anchorage and Reinforcing 04 05 23 Masonry Accessories 04 05 31 Cavity Wall Flashing/Drainage System TABLE OF CONTENTS © 2015 Stantec 1 193803185 00 01 10 - 1 Division 05 - Metals 05 1200 Structural Steel Division 07 - Thermal and Moisture Protection 07 92 00 Joint Sealants Divisions 08 to 14 - Not Used FACILITY SERVICES SUBGROUP - Not Used SITE & INRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 2300 Excavation and Fill 31 23 13 Subgrade Preparation Division 32 - Exterior Improvements 32 11 23 Aggregate Base Courses 3231 19 Ornamental Fence System Division 33 to 35 - Not Used Division SL - Electrical Lighting Systems Roadway END OF SECTION TABLE OF CONTENTS © 2015 Stantec 1 193803185 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Tuesday, June 2, 2015, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: XVlon Ave N Streetscaping Vertical Elements and Lighting Improvements - City Prosect No 944 In general, Work consists of the installation of streetscaping vertical elements, lighting, receptacles, and associated conduits and wiring. 5,000 LIN FT Conduit 25,000 LIN FT Wire 6 EACH Banner Columns 1 EACH Gateway Entry Sign w/ Reader Board 1 EACH Gateway Colonnade 4 EACH Civic Event Pergola 225 LIN FT Ornamental Fence 18 EACH Fencing Pilaster 11 EACH Illuminated Bollard 31 EACH Power Receptacle in Landscape 22 EACH Power Receptacle and Mount at Tree Grates 4 EACH Power Pedestal in Landscape Along with associated streetscaping LED lights, footings, and correlated appurtenances. Complete digital Bidding Documents are available at www.ciuestcdn.com for $20 by inputting QuestCDN eBidDoc #3882290 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS 0 2015 Stantec 1193803185 0011 13 - 1 This Page Left Blank Intentionally 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 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. 2.02 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to 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. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. I 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). INSTRUCTIONS TO BIDDERS © 2015 Stantec 1193803185 0021 13 - 1 B. Copies of reports and drawings referenced in Paragraph 4.0l .A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803185 0021 13-2 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data;' and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;' consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the 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 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 INSTRUCTIONS TO BIDDERS 020155fantec 1 193803185 0021 13-3 sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 A Pre -Bid Conference will not be held for this project. 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. 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. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1193803185 0021 13-4 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 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.021f 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. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803185 0021 13-5 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 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. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803185 0021 13-6 D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the some manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803185 0021 13-7 19.03 More than one Bid for the some Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.041n 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. 19.051n evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. 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. INSTRUGIIUNS IU 131UUtRD © 2015 Stantec 1 193803185 0021 13-8 ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § I6C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with §16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803185 0021 13-9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. American Engineering Inc., Subsurface Boring Log, dated August 13 and 14, 2014. C. Bidding Documents for the Xylon Avenue North and 45th Avenue North Infrastructure Improvements project, which opened bids on April 24, 2015 and was awarded to Geislinger and Sons, Inc., are available for review at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION 0 2015 Stantec 1 193803185 0031 00-1 This Page Left Blank Intentionally W. Gohman Construction Co. ® Stantec BIDDER: dba Artistic Stone and Concrete DOCUMENT 0041 10 REVISED BID FORM REVISED BYADDENDUM NO. 1 XYLON AVENUE N.STREETSCAPING VERTICAL ELEMENTS AND LIGHTING IMPROVEMENTS PROJECT NO. 193803185 CITY PROJECT NO. 944 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding 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 Secunty. 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 caretulN studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date 05/28/2015 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidderls familiarwith and is satisfied as to all federal, state, and local Laws and Regulations that mayaffect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to exisfing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and. procedures of construction exnmssiv reauimd by the Blddina Documents to he emnloved by Bidder. and safety nrecautions and F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 0 2015 Stantec 1 193803165 REMISED BY ADDENDUM NO. I 0041 10- 4(RI REVISED BID FORM H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings idenfified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to Indicate and convey understanding of all terms and conditions for the performance of the Work for which This Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualificalions before awarding a contract. Bidder herebywaives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions. Bidder acknowledges thatestimated quantifies are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. BASE BID 1 MOBILIZATION 2 TRAFFIC CONTROL 3 BANNER COLUMN 4 GATEWAY ENTRYSIGN W/ READER BOARD 5 GATEWAY COLONNADE 6 CIVIC EVENT PERGOLA 7 ORNAMENTAL FENCE 8 FENCING PILASTER ®2015 Stantea 1193803185 REVISED BY ADDENDUM NO. 1 0041 10- 5(R) REVISED BID FORM LS 1 $3, a7` X $ 31, i� EA 6 $ $ �$?, EA 1 $ 72� $. (Q�Ule EA 1 $ 5�lg/egj_ µ $2%%G}/'Ta EA 3 $ _�11_✓_,l— �7(t s I q-00 b LF 225 $ $ 37✓5y' EA 18 $�a � $.Wll30, ®2015 Stantea 1193803185 REVISED BY ADDENDUM NO. 1 0041 10- 5(R) REVISED BID FORM n 9 ILLUMINATED BOLLARD 10 LIGHT BASE DESIGN E MODIFIED 11 SERVICE CABINET SECONDARY TYPE LI MODIFIED 12 EQUIPMENT PAD B MODIFIED 13 DIRECT BURIAL RECEPTACLE POST 14 TREE GRATE RECEPTACLE 15 RECEPTACLE PEDESTAL 16 ELECTRICAL CONDUITSYSTEM 17 ELECTRICAL WIRING SYSTEM 18 FIBER OPTIC CABLE $ q 30 TOTAL BASE BID EA 11 $�-_ $ ✓u d �� EA - 11 $ 17QO5' $ 110S. EA 1 $-,2131 $ pl 116, EA 1 $ 1091 $ tog/. EA 31 $ -30i S 9 $ `4�� EA 22 $ 1 V i1 • (( $ O2 ov EA 4 $ 1 071 $ q 30 LS 1 $_( iDk $ ID l?9 LS 1 $ 32U a Nu $ 3JVVOv� LF 650 $ �. J'� $ 7 11-7,5 V $ rrl q, P3D.;10 ®2015 SIanfe 1153SCL3185 REVISED BY ADDENDUM NO. 1 0041 10 - 6(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes§16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verity that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the projector to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false slatement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor That makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, Denis Anderson (typed or printed name), VP of Project Administration (title) certify that I am an owner or officer of the company and do verify under verity under oath that my company is in compliance with each of the minimum criteria listed in the law. W. Gohman Construction Co., dba Artistic Stone and Concrete (name of the person, partnership or corporation submitting this proposal) 815 E County Road 75, PO Box 250 (business address) St. Signed 06/02/2015 Date ® 2015 Stanfec 1 193803125 REVISED BY ADDENDUM NO. 1 00 41 10 - 4 (R1 REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar I days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. I 8.01 The terms used In this Bid with Initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SLIBMTIED on June 2 , 2015. W. Gohman Construction Co. Corporation Name: dba Artistic Stone and Concrete State of Incorporation: Minnesota Type (Ge eral Busin ss, Professional Service, Limited Liability): General Business By: / (Signature) Name (typed or printed): Denis Anderson Title: Vice President of Project Administration Attest -& O & —(CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 815 E County Road 75, PO Box 250, St. Joseph, MN 56374 Phone No, 320-363-7781 Fax No.: 320-363-7207 Email.: denis(Wvvgohman.com 02015 Stantec 1193803185 REVISED BY ADDENDUM NO. 1 0041 10- 4(RI REVISED BID FORM W. Gohman Construction Co. dba Artistic Stone and Concrete Responsible Contractor Verification (MNStat 16C.285 ) Proposed List of Subcontractors (SubdS - subject to change) Project: Xylon Ave. N. Streetsacping Vertical Elements and Lighting Improvements New Hope, MN Bid Date: 06/02/2015 at 10:00 AM Section Subcontractor Division 4 Masonry Division 5 Metals 1 —5 Division 7 Thermal & Moisture Protection Division 31 Earthwork Division 32 Exterior Improvements Division SL Electrical Lighting Systems Roadway I OHIO FARMERS INSURANCE COMPANY Westfield Group® 1 Park Circle, P O Box 5001, Westfield Center, Ohio 44251-5001 Document A310TM —2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) OHIO FARMERS INSURANCE COMPANY W. Gohman Construction Co.DBA Artistic Stone and 1 Park Circle, PO Box 5001 815 E. Co Rd 75 Concrete Westfield Center, OH 44251-5001 St. Joseph, MN 56374 OWNER: (Name, legal status and address) City of New Hope 4401 Xylon Avenue North New Hope, MN BOND AMOUNT: Five Percent of Bid Amount ---------------(5%) PROJECT: (Name, location or address, and Project number, if any) Xylon Ave. N. Streetscaping Vertical Elements, and Lighting Improvements - City Project No. 844 City of New Hope, MN The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in thejurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been TUMISned to Comply With a Statutory or other legal requirement In the location CT the Project, any provision In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 2nd day of Witness A 2015 W.Gohman Construction Co. (Pnf cipal)' D/ 4 Artistic rte and Concrete (Seaq Bv:L Y Denis Anderson, Vice -President OHIO FARMERS IIN%SURANCE COMPANY By: C od r r 1. / � (Seal) Bv: Anita M. Ficker, Attorney -In -Fact (Title) Document A310*" — 2010. Printed In cooperation with Tne American Institute of Architects (AIA) by Westfield Group. Westilela Group vouches that the language in the document conforms exactly to the language used in AIA Document A310T 2010. BD5084 OFWTVN (07/10) General POWER NO. 2260812 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Cerner, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as '•Companies," duly porganized and existing under thtitute andelawsof the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these Mint ARK A. GRESSERSAN TA M. ?1901KER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MN its true and lawful Adomey(s)-in-Fact with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE UUMU RTES, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate sealofthe applicable Company and duly attested by itsointment is made under and bSecretary,Secretaryy, hereby ratifyingg and confirming all that the said Atiorney(s)-in-Fact may do in theWESTFIELD INSURANises. Said CE COMPANY, WESTFIELD NAT18NAL INSURA CE COMPof the ANY and OHIO Fresolution A MERed S NSURANCEthe Board FDirectors COMPANY: each of the "Be It Resolved, that the President any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fac[ may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted ata meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D., 2014 . CorporateyY fl4 s - ""S\,,.....,6y' "'"•••,, WESTFIELD INSURANCE COMPANY Seals ��� ••-•-..•'t4`F>.a ,'�a?•• SL ; WESTFIELD NATIONAL INSURANCE COMPANY Affixed jvi w p c o;• •--R • t, OHIO FARMERS INSURANCE COMPANY S; ` Is yl1ARTEgfgSEAL iPt� State of Ohio " yDennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS7NSURANCE COMPANY, the companies described in and which executed the above instrument, that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he;��si�ignnLeedd his /name thereto by like order. Notarial .+.•„•. �" �1,��� Seal •A'�Ett4 L S Affixedr`\\111/%%1y David A. Kotnik, Attorney at Law, Notary Public State of Ohio m MY o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: 1, Frank A. Carrfno, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct coppy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, me resolutions of me Boards of liirectors, set out In the Power of Attorney are in full force and effect In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 2nd day of June AQt;,-2016 «,- t1►r,r,:::.".!OF a BPOAC2 (combined) (06-02) .. .........:::SSL i #'` •• ' :;!•7, •q' 6NLqTERf Vp 5UL aa: SEAL ;M ° -._ Spry -E =y`•. a 1848 .s. .ip ,�Jj:, ;° Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hone, Minnesota (hereinafter called Owner) and Artistic Stone and Concrete hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Xylon Avenue N. Streetscaping Vertical Elements and Lighting Improvements for the City of New Hope, Minnesota. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Furnishing and installing and/or constructing various vertical streetscaping elements, including banner columns, gateway entry sign with reader board, gateway colonnade, civic event pergola, ornamental fence with pilasters, and associated electrical and lighting along Xylon Avenue North for the City of New Hope, Minnesota. ARTICLE 3- ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Substantial Completion includes completion of all work. B. The following Milestones, as defined, will be completed by the following dates: 1. Interim Completion Milestone, including all footings and foundations and backfilling to enable infrastructure contractor to complete sidewalk paving: August 7, 2015. 2. Substantial Completion: October 30, 2015. 3. Final Completion: December 4, 2015. 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 AGREEMENT FORM © 2015 Stantec 1 193803185 005210-1 with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices 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 One Million One Hundred Fourteen Thousand, Six Hundred Thirty Dollars and Fifty Cents ($1,114,630.50) for the Total Base Bid. ARTICLE 6- PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.0235 of the General AGREEMENT FORM © 2015 SYantec 1 193803185 005210-2 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. AGREEMENT FORM © 2015 SYantec 1 193803185 0052 10-3 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: Xylon Avenue N. Streetscaping Vertical Elements and Lighting Improvements. 7. Addendum No. 1. 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 AGREEMENI FORM 0 2015 Stantec 1 193803185 005210-4 that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: I . "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'ot indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2015 Stantec 1 193803185 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 i / akw P 2015 (which is the Effective Date of the Agreement). Owner: City of -td w Hope, (Minnesota By. V \� Attest: Address fWaWw: .CITY OF NEW HOPE 4401 XYLON AVE NO. NEW HOPE, MN 55428 Designated Representative: Name KIRK t • ` ' MANAGER— Address: 4 ,.dd - 4 ON AVE NO Phone: 7 - 6 00 Facsimil an rr Contractor: Artistic Stone a d Concrete By: u--- Attest: Address for giving notices: J0 l3v x 2 sv s-, j6A ,0.0 S_637y License No.: (Where Applicable) Designated Representative: Name:nr✓JtGGAC� &L -1r40 Title: { (YJ.. r Address: a5 -D S I Jo�2�� Mti 5637V Phone: 320 - 363'77'( Facsimile: 320 -3(03-?Q0_7 END OF SECTION AGREEMENI FURM 0 2015 Stantec 1 193803185 005210-6 CONTRACTOR (name and address): W. Gohman Construction Co. dba Artistic Stone and Concrete 815 E. Co Rd 75 St. Joseph, MN 56374 PERFORMANCE BOND OWNER (name and address): City of New Hope 4401 Xylon Avenue North New Hope, MN SURETY (name and address of principal place of business): Ohio Farmers Insurance Company One Park Circle Westfield Center, OH 44251 CONSTRUCTION CONTRACT Effective Date of the Agreement: June 15, 2015 Amount:One Million One Hundred Fourteen Thousand, Six Hundred Thirty Dollars and Fifty Cents Description (name and location): ($1,114,630.50) Xylon Avenue N. Streetscaping Vertical Elements and Lighting Improvements BOND City of New Hope, MN Bond Number: 4143353 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): June 15, 2015 Amount:One Million One Hundred Fourteen Thousand, Six Hundred Thirty Dollars and Fifty Cents Modifications to this Bond Form: ® None ❑ See Paragraph 16 ($1,114,630.50) Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL W. Gohman Construct In Co. dba Artistic Stone an !Concrete (sea/) Contractor's Name d C `porate Seal By: I �— Signature Michael Gohman Print Name President Title 1,., Attest:Ali, W ignature Title SURETY Ohio Farmers Insurance Company Surety's raa Name and Corporate Seal (it - By: da M Signature (attach power of attorney) Anita M. Ficker Print Name Attorney -In -Fact Title Attest: f/� ALI:26 -- Signature Title Agent Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shol/be considered plural where applicable. E1CDC' C-610, Performance Bond Copyright ® 2013 National Society of Professional Engineers, American Council or Engineering Companies, and Am crican Sodety of Civil Engin cars. All rights rcccrvcd, lof3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for they. 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 when applicable to participate in. a conference as provided in Paragraph 3. 3. If there is no OwnerDefaultunder the Construction Contract, the.Surety's obligation under this Bond shall arise after: 3.1 The Owner first: provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a, conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may; within five (5) business days after receipt of the Owner's notice; request such conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any. conference requested under this Paragraph 3.1 shall be held. within ten (10) business days of the. Surety's receipt of the Owner's notice. If the Owner; the Contractor, and the Surety agree, the Contractor shall be allowed areasonable time to perform the Construction Contract, but such an agreement shall - not waive the Owners right,. if any; subsequently to declare a, Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordancewith the terms of the Construction Contract to the Surety or to a contractor selected to: perform the Construction Contract. 4. Failure on the part of the Owner to comply with. the. notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual. prejudice. S. 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: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and, complete the Construction Contract itself,, through its agents or independent contractors, 5.3 Obtain -bids or negotiated proposals from quallfled contractors acceptable to the Owner for a contract for performance and completion of the .Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners 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 7 in excess of the Balance of the Contract Price Incurred by the Owner as a result of the Contractor Default, or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new. contractor, and with (reasonable promptness underthe circumstances: 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,-makepayment to the Owner, or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceedas provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be In default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety performits 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 Paragraph 5.4, and the Owner refuses the payment 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. 7. If theSuretyelects to act under Paragraph 5,1, 5.2, or 5.3, 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. -Subject to the commitment by the Owner to pay the Balance of the: Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and. completion of the: Construction Contract; 7.2 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 5, and 7.3' liquidated damages, or if no _liquidated_ damages are specified in the Construction Contract; actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4,. the Suretys liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance oftheContract Price shall not be reduced or set off on account of any such unrelated: obligations. No right of action shall accrue on this Bond toany person or entity other than the Owner or its heirs, executors, administrators,successors, and assigns. 10. 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: E1CDCe C-610, Performance Bond Copyright® 2013 Natlanal Sodety of Professional Engineers; American Coundl of Engineering CompaNas, mdAmoriwnSedoty&Ft IEnS1nccry Allrighbreaor d. aefa CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OFSTEARNS On the 15th day of June , 2015 , before me, personally appeared Michael Gohman ,to me known, who being by me duly sworn, did depose and say that (s)he resides in St. Cloud MN- that (s)he is the President of W. Gohman Construction Co. BA�4,pAgc Stonthe corporation described in and acra which executed the foregoinginstrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. MAXINE M WO D3 (Notarial NOTARY PUBLIC -MINNESOTA MYCommissbnExpires Jan.31,2020 (Nota Signature) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF STEARNS On the 15th day of June , 2015 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (slhe is the aforesaid officer or attorney in fact of theOhio Farmers Insurance Comogny r 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 afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. MELISSAANNANDERSON NCTAgY PUBLIC. MMEBOTA MY C°'n B�L'et Jrl. 31, IOp (Notarial Seal) (Notary re) ....4,. r,..� e �..., A P ,n .'� � t.r.: _ ,,. .�. THI$ POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER tt AND ISSUED PRIOR TO 12/27/10, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2260812 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint MARK A. GRESSER, ANITA M. FICKER, CHRISTINA GRESSER, STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, t0 execute., acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - • - • • - - • - - - - - - - • - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - -- - - -- - . -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE U0AiFA1=, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(,,). in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in.Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognlzances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be. valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted ata meeting held on February a, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010. . c Seal a ."u11.T } o•'•ti�Nn�f r•' WESTFIELD INSURANCE COMPANY Seale d" "'""•"••Yd(`; WESTFIELD NATIONAL INSURANCE COMPANY Affixed •Y. : O:' �*'' �} � - •';F � � OHIO FARMERS INSURANCE COMPANY SEAL •'' `� �sy`t,� t� "s '•• :•'7 Y{is��i1:• 1646 �F i • `� Wv, • y •!' i B State of Ohio a"'^"^""•"" y oDennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the.. above inStrumpm; that he.. knows the Seals of said Companies; that the se-nis affixed to Said irstrumpnt are such corporate. sells; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like Order. Seal (qlx AlfixedWilliam J. Kahelin, A rney at Law, Notary Public State of Ohio My Commission Does Not Expire (Ser.. 147.03 Ohio Revised Code.) County of Medina Ss.: I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY. do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center. Ohio, this 15th day of June A,D„2015 SEAL , M BPOAC2 (combined) (06-02) SEAL =mss: �,„ktutRfp''•�� 9 � , '�' t�8= S'acmary 1846.:�i Frank A. Carrino, Secretary CONTRACTOR (name and address): W. Gohman Construction Co. dba Artistic Stone and Concrete 815 E. Co Rd 75 St. Joseph, MN 56374 PAYMENT BOND OWNER (name and address): City of New Hope 4401 Mon Avenue North H pe , rvMI CONSTRUCTION CONTRACT SURETY (name and address of principal place of business): Ohio Farmers Insurance Company One Park Circle Westfield Center, OH 44251 Effective Date of the Agreement: June 15, 2015 Amount: One Million One Hundred Fourteen Thousand, Six Hundred Thirty Dollars & Fifty Cents Description (name and location): ($1,114,630.50) Xylon Avenue North Streetscaping Vertical Elements and Lighting Improvements BOND City of New Hope, MN Bond Number: 4143353 Date (not earlier than the Effective Date of theAgreement of the Construction Contract): June 15, 2015 Amount: One Million One Hundred Fourteen Thousand, Six Hundred Thirty Dollars and Fifty Cents Modifications to this Bond Form:X❑ None ❑ See Paragraph 18 ($1,114,630.50) 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 n W. Gohman Const r 'ction Co. and Cenrrafa .(seal) Contractor's Na/r�t/�VCorporateSeal V2 Signature Michael Gohman Print Name President Title f Attest: ' t ) 5ignatu re f Title SURETY Ohio Farmers Insurance Company _ (seal) Surety's Name a / � 1nd Corporate SeeaI �' By: (.f/V(i(-Kz M. ckel�U Signature (attach power of attorney) Anita M. Ficker Print Name Attorney -In -Fact Title Attest:9i/,C Signature Title Agent Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC- C-615,Payment Bond Copyright © 2013 National Sodety of Professional Engineers, American Coundl of Engineering Companies, and American society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally,. bind 6. If -a. notice of -non-payment required by Paragraph 5.1.1 is themselves, their heirs, executors, administrators, given by the Owner to the Contractor; that is sufficient to successors, and assigns to the Owner to pay for labor; satisfya Claimant's obligation to furnish a written.noticeof materials, and equipment furnished for use in the non-payment under Paragraph. S.I.I. performance of the Construction. Contract, which- is incorporated herein by reference, subject to the.following 7. When a Claimant has satisfied the conditions of Paragraph terms: 5.1 or 5.2, Whichever Is applicable, the Surety shall promptly and at the Suretys expense take the following 2. If the Contractor promptlymakes payment of all sums due actions: to Claimants, and defends, indemnifies, andholds harmless the Owner from claims; demands, liens, or suits 7.1 Send an answer to the Claimant, with a. copy to. the by any person or entity seeking. payment for labor, Owner, within sixty (60) days after receipt of the materials, or equipment furnished for use in the Claim, stating the amounts that are undisputed a nd performance of the Construction Contract, then the Surety the basis- for challenging any amounts that are and the. Contractor shall have no obligation under this disputed; and Bond. 7.2Pay or arrange for payment of any undisputed 3. If there is no Owner Default under the Construction amounts. Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the 7.3' The Surety's failure to discharge its obligations Contractor and the Surety (at the address. described in under Paragraph 7.1 or 7.2 shall not be deemed to Paragraph 13) of claims, demands, liens, or suits against constitute a waiver of defenses the Surety or the Owner or the Owner's property by any person or Contractor may have or acquire as to a Claim, entity seeking payment for labor, materials,. or equipment except as to .undisputed amounts for which the furnished for use in. the performance. of the Construction Surety and Claimant have reached agreement. If, Contract, and tendered defense of such claims. demands, however, the Surety falls to discharge its (lens, or suitstothe Contractor and the Surety. obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the. Claimant for the reasonable 4. When the Owner has satisfied the conditions in Paragraph attorney's fees the Claimant Incurs thereafter to 3, the Surety shall promptly and at the Surety's expense recover any sums found to be due and owing to defend, indemnify; and hold harmless the Owner against a the Claimant.. duly tendered claim, demand, lien, or suit.: 8. The Suretys total obligation shall not. exceed the amount 5. The Surety's obligations to a Claimant under this Bond of this Bond, plus the amount of reasonable attorneys shall Arise afterthe following: fees provided under Paragraph 7.3, and the amountof this Bond Shall be credited for any payments made in good 5.1 Claimants who do not haven direct. contract with faith by Surety. the Contractor, 9. Amounts owed by the Owner to the Contractor under the 5.1.1 have furnished a written notice of non- Construction Contract shall be used for the performance payment to the Contractor, stating with of the Construction Contract and to satisfy claims, if any, substantial accuracy the amount claimed under any construction performance bond. Bythe and the name of the, party to whom the Contractor furnishing and the Owner accepting this Bond, materials were, or equipment was, they agree that all funds earned by the Contractor in the furnished or supplied or for whom the performance of the Construction Contract are. dedicated labor was done or performed, within to satisfy obligations of the Contractor and Surety under ninety (90) days after having last this Bond, subject to the Owners priority to use the funds performed labor or 'last furnished for thecompletion of the work. materials or equipment. included in the Claim; and 10. The Surety shall not be liable to the Owner,. Claimants, or others for obligations of the Contractor that are unrelated 5.1.2 have sent -a Claim to the Surety (at the to theConstructionContract. The Owner shall not be address. described In Paragraph 13). liable. for the payment of any costs or expenses of any Claimant under this Bond, and Shull have under this Bond 5.2 Claimants who are employed by or have a direct no obligation to make paymentsto or give notice on contract with the Contractor have sent a Claim to behalf of Claimants, or otherwise have any obligations to the Surety (at the address described: in Paragraph Claimants under this Bond. 13). 11. 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. EIGDCe C,615, Payment Bond Copyright ® 2013 National Society of Professional Engineers, Americas Council of Engineering Companies, and Americon Society of CMI Engineer.. All right, reser ed. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in .Claimant for labor, materials, or equipment the state in. which theproject that is the subject of the furnished as of the date of the -Claim- Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent -a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2;or contract with the Contractor or with a (2) on which the last IdWr of service was performed. by subcontractor of The Contractorto furnish labor, anyone or the last materials or: equipment were furnished materials,. or equipmentfor use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisionsofthis paragraph also includes any individualor entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed of delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as ofthe date received. Contract, architectural and engineering services required for performance. of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be assertedin the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and Provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein.. When the Owner and Contractor identified on thecover so furnished, the intent isthatthis Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the. Contract Documents. 15. Upon requests by any personorentity appearing to be -a potential beneficiary of. this Bond, the Contractor and Owner shallpromptly furnish a copy of this Bondor shall permit a.copyto be. made. 16. Definhlons 16.1 Claim: A written statement by the Claimant Including at a minimum: 1. The :name ofthe .Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished;. 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment Turn !shed; S. The date on which the Claimant. last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The -total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been. remediedor waived, to pay the Contractor as required under the Construction Contract or toperform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract. Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractorand they. term Owner shall bedeemed .to be Contractor.. 18. Modifications to this Bond areas follows: E1CDCs C-615, Payment Bond Copyright ® 2013 National Sodety of Professional Engineers, American Council of Engineering Companies, and Ameri— Sodcey of GNI Engfnco.a. All dghft roxroad. 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF STEARNS On the 15th day of June , 2015 , before me, personally appeared MichaelGohman ,to me known, who being by me duly sworn, did depose and say that (s)he resides in St. Cloud. MN that (s)he is the President of W. Gohman Construction Co.—'T A1tPstic St on khe corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his/her name thereto by like order. MAXINE Ib) WOODg (N - a 1) NOTARY PUBLIC. MINNESOTA My canmissIbmn Boa Jaa 31.2020 A.1 zC1nrL- (Notarry Signature) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF STEARNS On the 15th day of June , 2015 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (slhe is the aforesaid officer or attorney in fact of theOhio Farmers Insurance CTTgy , 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 afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. MELISSA ANN ANDERSON NOTARY PUBLIC. MINNESOTA My cammissbn &Pires Jan. 31, 2DI7 (Notarial Seal) =�1 (Notary Signature) $ u�C�.a h� W1 AYb3�Y� 1iM ��-�'r t :'� �, �, THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 12127110, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2260612 09 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County. Ohio. do by these presents make, constitute and apppooint MARK A. GRESSER, ANITA M. FICKER, CHRISTINA GRESSER STACEY QUINN GOHL, JOINTLY OR SEVERALLY of WAITE PARK and State of MNits true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred in its name, place and stead, to execute. acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- • - - - - - - -- - - - - - - - - - - - -- - - - - - - - - • -- - - - - - . .. - - - - • - - • - - - - - - -- - - -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE CUAIF100TEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of anomey or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February S. 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of DECEMBER A.D., 2010 . Corporate"' S •'"`'r"'"""*•„ WESTFIELD INSURANCE COMPANY Affix M v •u• • : .• '� ^,•• WESTFIELD NATIONAL INSURANCE COMPANY �•/ xr sa ••• 9 f!g_F D� OHI FARMERS INSURANCE COMPANY N� S,�tCt.h'W 3t a SEAL .•': sr: C f '•,-.� a � '•'•. •+'+�_1,,i orf 1846 ....: S� i By: State of Ohio •'�• Dennis P. Baus, National Surety Leader and County of Medina ss.: Sen/Or EXBCu[IVe On this 27th day of DECEMBER A.D., 2010 , before me personally came Dennis P. BaLIS to me known, who, being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he know%the. seals of said Companies; that the seals affixed to said Instrument are such corporate. Seal%; that they Were, So affixed by order of the Boards of DIro..ctors of said Companies; and that he. Signed his name thereto by like. order. Nrvariwl ,,..,,""., Seal ptAL Affixed O zG=R-"" 'r •William J.Kahelin, A rney at Law, Notary Publrc State of Ohio My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina %%.: t, I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power or Attorney, executed by said Companies, which is still in full lorce and effect; and furthermore, the resolutions of me Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof. I have hereunto set my hand and affixed the seals of Said Companies at Westfield Center. Ohio, this 15th day of June A2,2015 t.� `J: :F = ,gldlr�rp S t ,ti i!D SEAL :n_ :�: 5 aa;a .,`Y,�.`,f :y •lu,= y:••113 48 Secrrr my Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL (Seal) Contractor's Name and Corporate Seal 0 Signature Print Name Title Attest: Signature Title SURETY 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 61 13.13 Pnee 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party): EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 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 (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Contractor's Name and Corporate ffm Attest: Signature Print Name Title Signature Title (Seal) SURETY In Surety's Name and Corporate 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-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Nee 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. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a fust -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): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paee 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 tt ACEC "�` durximz C.ocs<n ..i.. i. icG+ae+vii � AN SCEAmerican Society of Civil Engineers National Society of Professional Engineers Pwassionel 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acee.ore American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.ore Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.ore 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8,12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety ........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. AO rights reserved. Paste 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 Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 4 of 62 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 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "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 © 2007 National Society of 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: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall famish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 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 fanctionally 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 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract _ Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 9 of 62 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane it of 62 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Palle 13 of 62 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. Pace 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations; Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. M rights reserved. Page 16 of 62 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 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 filrnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 OFi members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 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 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "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 O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 24 of 62 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Societv of Professional Engineers for EJCDC. All rights reserved. 00 72 05 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or famishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 26 of 62 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Psee 30 of 62 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 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 Docaments; 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 t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 cavy 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: abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 34 of 62 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 35 of 62 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3, the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.OLA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph TOLA 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 38 of 62 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 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 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 41 of 62 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other parry to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2, approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and 11.0I.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 00 72 05 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 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 12.0LC.2); or where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0I.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.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 11.0l.A.4, 11.0LA.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 1011 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 49 of 62 00 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 50 of 62 00 72 05 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 54 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 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 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 Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright � 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 56 of 62 __ 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 57 of 62 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 00 72 05 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 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. All rights reserved. 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 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee61 of 62 00 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 within30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 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.A26 Add the following language at the end of the definition of Milestone: The completion dates for Milestones are defined in Section 00 52 10, Agreement Form. SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The completion dates for Milestones are defined in Section 00 52 10, Agreement Form. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: 1. American Engineering Testing Inc., Subsurface Boring Log, dated August 13 and 14, 2014. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803185 007305-1 SC -4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLES - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.0l.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC For C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803185 007305-2 SC -5.06.A SC -5.06.A 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer 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. 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 SC -6.08.A 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. Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SUPPLEMENTARY CONDITIONS ©.2015 Stantec 1 193803185 007305-3 SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of" in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: OR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803185 007305-4 b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803185 007305-5 e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803185 007305-6 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK: CLAIMS SC -10.05.8 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.13 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.01.A.5.c Delete Paragraph 11.0l .A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -11.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193803185 007305-7 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01 .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.85 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 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.6, 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 SUPPLEMENTAKY UUNUIIUN] 0 2015 Stantec 1 193803185 007305-8 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: (1) 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 © 2015 Stantec 1 193803185 007305-9 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: Xylon Avenue North Streetscaping Vertical Elements and Lighting Improvements - City Project No. 944, B. Description of Work: Project consists of the furnishing, fabrication, construction, and installation of vertical streetscape and lighting improvements. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way and coordinated with the work of other contractors working in the same area on the ongoing City infrastructure project. 2. Adhere to staging, construction sequencing, and completion milestones as specified and as required to coordinate work with the schedule of the infrastructure contractor. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4. Keep existing driveways and entrances clear and available to the public and to the Owner. 5. If additional space is needed, obtain and pay for such space off Site. SUMMARY © 2015 Stantec 1 193803185 01 1000-1 B. Access to Site 1. Residents shall have full access to all side streets and driveways between 7 P.M. and 7 A.M. 2. Working Hours: Per City ordinance, the Contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform work outside these hours. 1.07 OTHER WORK AT SITE A. Ongoing work by the infrastructure contractor currently working in the project area will need to be coordinated. Access to the working areas of other contractors shall not be impeded. B. Burying of overhead utilities on Xylon Avenue North will need to be coordinated and access allowed. C. The 42nd Avenue streetscaping, east of Xylon Avenue North, will be completed by others and requires coordination. D. The construction of the Hy -Vee store and Hy -Vee Gas store is currently and will continue to be under construction during the 2015 construction season. These stores are located directly to the east of Xylon Avenue North, and north of 42nd Avenue North as identified on the Drawings. E. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities is anticipated. F. 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. END OF SECTION JUMMAKT © 2015 Stantec 1 193803185 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193803185 01 20 00 - 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: Center Point Energy. 6. Fiber Optic: Zayo Group. 7. Telephone/Cable: Comcast, Centuryl-ink, Access Communications, Arvig, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County 3. Minnesota Department of Health - Water Main. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION 0 2015 Stantec 1 193803185 013100-1 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. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements I . Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.07 WORK BY OTHERS A. Infrastructure Contractor Currently Working in the Project Area. 1. The Work of this project occurs within the active work area of another ongoing City project that includes installing utilities, curb and gutter, paving, plantings, and other infrastructure in the same area as this project. The Contractor is responsible for coordinating their Work with that of other contractors working under other contracts in the some area including, but not limited to, the following: a. All work necessary for excavation, placement, backfilling, and compaction of footings and foundations for the vertical and electrical project elements. b. All work necessary for excavation, installation, backfilling, and compaction of conduit for the vertical and electrical project elements. c. Placement of concrete flatwork and pavers adjacent to the vertical elements to avoid damage to the precast concrete on the vertical elements. d. Horizontal placement and vertical elevations of vertical and electrical elements in relation to the surrounding paving to ensure alignment with other project elements, paving joints, etc. and to ensure precast concrete joints with surrounding paving do not result in exposed foundation concrete or excessive bury of precast concrete. e. Protection of all work performed by others from damage by the Contractor's activities. This includes protection of erosion from the Contractor's activities. PROJECT MANAGEMENT AND COORDINATION 0 2015 Stantec 1 193803185 Ol 31 00 - 2 2. Completion dates and construction sequencing for the Infrastructure Contractor is described in the Bidding Documents, which can be obtained as stated in Section 00 31 00, Available Project Information. a. The substantial completion dates for the Infrastructure Contractor are generally described below: 1) August 28, 2015: Complete all concrete curb, bituminous base and binder course paving, colored concrete crosswalks, bituminous wearing course, and striping from New Hope City Hall to 42nd Avenue North on Xylon Avenue North. 2) September 18, 2015: Complete all boulevard streetscaping, signage, plantings, and restoration from New Hope City Hall to 42nd Avenue North on Xylon Avenue North. 3) October 16, 2015: Complete bituminous wearing course, striping, all boulevard streetscaping, signage, plantings, and restoration from New Hope City Hall to the north on Xylon Avenue North and 45th Avenue North. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 193803185 01 31 00-3 This Page Left Blank Intentionally SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2015 Stantec 1 193803185 01 3300-1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 1 l 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: i. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 -percent mark-up. SUBMITTAL PROCEDURES 0 2015 Stantec 1 193803185 01 3300-2 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES 0 2015 Stantec 1 193803185 01 3300-3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART] 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," 2014 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. QUALITY REQUIREMENTS © 2015 Stantec 1 193803185 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIKLMLNIJ 0 2015 Stantec 1 193803185 01 4000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the followina: 0 3. No Bid Item has been provided for Dewatering. Any dewatering required will be considered incidental to the Project with all costs included in the Base Bid. 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. 4. 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. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803185 01 5000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 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. 4. 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. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803185 01 5000-1 c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a 0..1..no hnccrl nn fhc fnllnwinn- 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. TEMPORARY FACILITIES AND CONIKULS © 2015 Stantec 1 193803185 01 5000-2 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 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. TEMPORARY FACILITIES AND CONIKULS © 2015 Stantec 1 193803185 01 5000-2 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.03 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. 3.04 TEMPORARY CONSTRUCTION A. 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. 3.05 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 © 2015 Stantec 1 193803185 01 5000-3 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 9 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. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803185 01 5000-4 E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. 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. 4. 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. 5. 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. 6. 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. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 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. 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193803185 01 5000-5 B. Temporary Fence 1. Install as required by the Work to protect the public and others. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that maybe used to secure fencing gates. END OF SECTION TEMPORARY FACILITIES AND CONTRULS 0 2015 Stantec 1 193803185 01 5000-6 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes D No Do any devices need repair? ❑Yes ❑ No Were all replaced or repaired? ❑Yes ❑ No 2. Are any lights (flashers, etc.) not functioning? ❑ Yes ❑ No Were they all replaced or repaired ❑ Yes ❑ No 3. Are any devices improperly placed? ❑ Yes ❑ No Were all positions corrected? ❑ Yes ❑ No 4. Do any devices need cleaning? ❑Yes ❑ No Where all devices cleaned? F Yes ❑ No ADDITIONAL COMMENTS: The above check was completed by on: (date) (name / title) at: ❑ AM ❑ PM (time) This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2015 Stantec 1 193803185 01 7000-1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. 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. EXECUTION REQUIREMENTS © 2015 Stantec 1 193803185 01 7000-2 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, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withhold ing.taxCa?state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2015 Stantec 1 193803185 01 7000-3 This Page Left Blank Intentionally SECTION 03 10 00 CONCRETE FORMWORK PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install formwork for cast -in-place concrete. 1.02 REFERENCES A. American Concrete Institute (ACI) 1. 347 -Recommended Practice for Concrete Formwork. 1.03 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit product data for form ties. 1.04 QUALITY ASSURANCE A. The design, engineering, and proper construction of all formwork shall be the responsibility of the Contractor. B. Design formwork in accordance with ACI 347. 1.05 PRODUCT HANDLING A. Do not store forms or equipment on finished slabs. PART 2 PRODUCTS 2.01 FORM MATERIAL A. Form facing material shall be smooth faced, undamaged plywood or other panel type material approved by the Engineer. B. The form facing material shall produce a smooth, hard, uniform texture on the concrete. C. The arrangement of the facing material shall be orderly and symmetrical with the number of seams kept to a minimum. D. Facing material with raised grain, torn surfaces, worn edges, patches, dents, or other defects which will impair the texture of the concrete surface shall not be used. E. Circular column forms shall consist of a continuous laminated fiber tube with exterior moisture protection and non -adhering interior surface similar to "A -Coated Sonotube" as manufactured by Sonoco Products, or approved equal. CONCRETE FORMWORK 5 2015 Stantec 1193803185 031000-1 F. Void Forms: Void forms shall be Slab Void System as manufactured by Sure Void Products, Inc., Englewood, Colorado (800) 458-5444, or approved equal. 2.02 FORM TIES A. Form ties shall be factory fabricated, adjustable length, removable or snap -off metal form ties designed to prevent form deflection and to prevent spalling concrete surfaces upon removal. B. The portion of the tie remaining in the concrete after removal of the tie shall be at least 1 inch from the surface of the concrete. C. Provide waterseals on all wall ties used in water containment structures and exterior walls. 2.03 FORM COATINGS A. Form coatings or release agents shall be commercially formulated chemical release agents containing no lubrication oil, conventional form oil, fuel oil, or kerosene. B. The form coating shall not penetrate, stain, or leave a residual film on the concrete surface and shall not attract dirt or other deleterious material. 2.04 ACCESSORIES A. Chamfer strips shall be 3/4 inch by 3/4 inch wood or plastic strips. B. Provide all anchorages, braces, and special forms required to construct cast -in-place concrete components shown on the Drawings. PART 3 EXECUTION 3.01 GENERAL A. Establish a benchmark in an accessible location and use as a reference point for various construction levels. B. Verify lines, levels, and centers before proceeding with formwork. C. Insure that dimensions agree with the Drawings. Report any discrepancies to the Engineer before proceeding with Work. 3.02 FORMWORK DESIGN A. The design, engineering, and construction of the formwork shall be the responsibility of the Contractor. B. Formwork shall be designed in accordance with ACI 347. C. Formwork shall be designed, erected, supported, braced, and maintained to safely support all vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. CONCRETE FORMWORK 0 2015 Stantec 1 193803185 031000-2 D. Formwork shall be cambered to compensate for anticipated deflections in the formwork prior to hardening of the concrete. E. Positive means of adjustment of shores and struts shall be provided and all settlement shall be taken up during concrete placing operations. Forms shall be securely braced against lateral deflections. 3.03 FORMWORK CONSTRUCTION A. Provide forms for all concrete work. Earth cuts shall not be used as forms for vertical surfaces. B. Construct forms to conform to slopes, lines, and dimensions shown on the Drawings. C. Forms shall be sufficiently tight to prevent loss of mortar from the concrete. D. Place chamfer strips at all exposed corners. E. Install all required openings, frames, pipe sleeves, cavities, slots, and other embedded items. F. Cut all holes in forms required for installation or embedment of concrete reinforcement bars and ties. G. Conform to manufacturer's recommendations for installation of void forms. Verify proper preparation of base materials prior to installation of void forms. H. Provide sharp clean corners at intersecting planes without visible edges or offsets. Back joints with extra studs or girts to maintain true, square corners. I. Temporary openings shall be provided at the base of column forms and wall forms to facilitate cleaning and observation immediately before concrete is placed. Construct closures to ensure a tight fit flush with the adjoining surfaces. J. Provide runways for moving equipment. Runways shall be provided with struts or legs and shall be supported directly on the formwork. Runways shall not rest on the reinforcing steel. K. Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris before concrete is placed. 3.04 TOLERANCES A. Construct formwork so that concrete surfaces will conform with the following tolerances: 1. Variation from plumb In any 10 feet of length 1/4 inch. Maximum for entire length 1/2 inch. 2. Variation from the level or specified grade In any 10 feet of length 1/4 inch. Maximum for entire length 1/2 inch. 3. Variation of the linear building lines from established position in plan and related position of columns, walls, and partitions In any 20 feet of length 1/2 inch. Maximum for entire length 1 inch. CONCRETE FORMWORK © 2015 Stantec 1193803185 031000-3 4. Variation in the sizes and locations of sleeves, floor openings, and wall openings: ± 1/4 inch. 5. Variation in cross-sectional dimensions of columns and beams and in the thickness of slabs and walls Minus 114 inch. Plus 1/2 inch. 6. Footings (tolerances apply to concrete dimensions only reinforcing steel): a. Variations in dimensions in plan Minus 1/2 inch. Plus 1 inch. b. Misplacement 1 inch. c. Thickness Decrease in thickness 1/2 inch. Increase in thickness No limit 7. Variations in steps a. In flight of stairs Rise ± 1/8 inch. Tread ± 1/4 inch. b. In consecutive steps Rise ± 1/16 inch. Tread ± 1/8 inch. 3.05 FORM SURFACE PREPARATION not to positioning of A. Clean surfaces of forms and embedded material of all accumulated mortar or grout from previous concreting and of all other foreign material before concrete is placed. B. Before placing the reinforcing steel or the concrete, the surfaces of the forms shall be covered with an acceptable coating material that will effectively prevent absorption of moisture, prevent bond with the concrete, and not stain the concrete surfaces. C. Excess form coating material shall not stand in puddles in the forms. D. Form coating material shall not come in contact with hardened concrete against which fresh concrete is to be placed. E. Spray form coating on all concrete form surfaces, including wood forms for wall openings, keyway strips, and chamfer strips. 3.06 RE -USE OF FORMS A. Clean and repair surfaces of forms to be re -used. B. Do not use split, frayed, delaminated, or otherwise damaged form facing material. 3.07 FORM REMOVAL A. Formwork for columns, walls, sides of beams, and other parts not supporting the weight of the concrete may be removed as soon as the concrete has hardened sufficiently to resist damage from removal operations, but not less than 24 hours after completing concrete placement and finishing. CONCRETE FORMWORK © 2015 Stantec 1 193803185 031000-4 B. Forms and shoring used to support the weight of concrete in beams, slabs, and other structural members shall not be removed in less than 10 days and not until the concrete has attained 3,500 psi minimum compressive strength. Compressive strength shall be determined by field -cured specimens. C. Once forms and shoring supporting beams, slabs, and other structural members have been removed, concrete structural members at each level shall be reshored the some day such that all superimposed loads are uniformly distributed and transferred directly to the foundation through temporary supports. No construction or other live loads shall be permitted on the members, unless sufficient support is in place or concrete has attained full design strength and loads do not exceed the design maximum, as approved by the Engineer. D. The Contractor shall be responsible for all damage resulting from removal of forms or premature overloading of structural members. E. Wood forms for wall openings shall be loosened as soon as possible without damage to the concrete. END OF SECTION © CONCRETE FORMWORK 2015 Stantec 1 193803185 031000-5 This Page Left Blank Intentionally SECTION 03 20 00 CONCRETE REINFORCEMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install concrete reinforcement, supports, and accessories. 1.02 REFERENCES A. American Concrete Institute (ACI): 1. 301 - Specifications for Structural Concrete for Buildings. 2. 117 -Standard Specifications for Tolerances for Concrete Construction and Materials. 3. 315 - Details and Detailing of Concrete Reinforcement. B. Concrete Reinforcing Steel Institute (CRSI) 1. Manual of Standard Practice. 1.03 SUBMITTALS A. Submittals shall conform to Section 01 3300. B. Submit complete shop drawings and bar lists of all material to be furnished and installed under this Section. Show bar sizes, spacing, locations, and quantities of reinforcing and bending details. C. Make shop drawings in accordance with ACI 315 and the CRSI Manual of Standard Practice. Drawings shall show in detail the location, size, spacing, bends, and quantities of each and all reinforcing bars to be placed in the structure. Bars shall have unique identifying labels or marks for each size, length, bend configuration, etc. D. Submit product data on threaded dowel inserts. E. Submit mill certifications for concrete reinforcement at time of delivery. 1.04 QUALITY ASSURANCE A. Comply with ACI 301, except as modified in this Section. 1.05 PRODUCT HANDLING A. Deliver reinforcement to the Site bundled, tagged, and marked. Use metal tags indicating bar size, lengths, and other information corresponding to markings shown on placement drawings. B. Store reinforcement at the Site in a manner to prevent damage from drainage and accumulation of dirt and excessive rust. C. Do not store reinforcement, supports, or equipment on finished slabs. CONCRETE REINFORCEMENT 0 2015 Sfantec 1193803185 032000-1 D. Store metal bar supports in a weather-proof shelter. PART 2 PRODUCTS 2.01 MATERIAL A. Reinforcing Bars: Deformed billet steel bars conforming to ASTM A615, Grade 60. B. Welded Wire Fabric: Steel wire spot welded at intersections conforming to ASTM A185. Use flat sheets only. 2.02 ACCESSORIES A. Bar Supports for Elevated Slabs, Walls, Columns, and Beams: All bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcement in place shall be plastic protected, conforming to CRSI Class 1 protection for bar supports. B. Ground Supported Reinforcing: All ground supported reinforcement shall be supported by precast concrete blocks. Precast concrete blocks shall have a minimum compressive strength of 4,000 psi. C. Tie Wire: Shall be black annealed wire, 16 gauge or heavier. D. Threaded Dowel Inserts: Threaded dowel inserts shall be manufactured of minimum Grade 60 steel and shall be capable of achieving 125 percent of specified yield strength of reinforcement steel for the bar size indicated. 2.03 FABRICATION A. Shop fabricate reinforcing steel to required shapes and dimensions. B. Do not rebend or straighten reinforcing steel. C. Fabricate bars in accordance with the fabricating tolerances given in ACI 315. PART 3 EXECUTION 3.01 PLACING A. Place reinforcing steel in accordance with ACI 117, the Drawings, approved shop drawings, and as specified herein. Notify Engineer of any discrepancies or conflicts as soon as they are discovered. B. Reinforcing steel shall have the following concrete cover, unless specifically noted differently on the Drawings: 1. Concrete cast against earth 3 inches. 2. All other concrete 2 inches. C. Properly position reinforcing steel and wire it together at intersections and supports to ensure against displacement during concrete placing. All reinforcing steel shall be tied to wall forms. CONCRETE REINFORCEMENT 0 2015 Stantec 1193803185 032000-2 D. Reinforcing steel for slabs on grade shall be supported by placing precast concrete blocks at all locations where chairs are to be located. Chairs or standees shall be placed over concrete blocks. E. Dowels shall be wired in place before placing concrete. F. All reinforcing steel must be placed and tied before concrete is placed. G. Reinforcing steel embedded in hardened or partially hardened concrete shall not be bent after placing. H. Wall chairs shall be placed at the top and bottom of all walls and not greater than 6 feet on center horizontally. I. All reinforcement at the time concrete is placed shall be free of mud, oil, or other materials that may adversely affect or reduce the bond. J. Chairs and bolsters shall support the reinforcing steel closest to the formed surface. Beam stirrups and column ties shall be supported by chairs. 3.02 SPLICES A. Provide reinforcement splices by lapping ends, placing bars in contact, and tightly wire tying. Provide lap splice lengths as shown on the Drawings. B. Splices shall be made only as shown on the Drawings or as authorized by the Engineer. C. Threaded or other approved mechanical bar splices shall be used where shown on the Drawings and may be used elsewhere for the convenience of the Contractor at no additional cost to the Owner if specifically requested of and approved by the Engineer. 3.03 TOLERANCES A. Bars shall be placed to the tolerances indicated in ACI 117. END OF SECTION CONCRETE REINFORCEMENT 0 2015 Stantec 1193803185 032000-3 This Page Left Blank Intentionally SECTION 03 30 00 CAST -IN-PLACE CONCRETE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install all cast -in-place concrete and accessories. 1.02 REFERENCES A. American Concrete Institute (ACI) 1. 301 - Specifications for Structural Concrete for Buildings. 2. 305 - Hot Weather Concreting. 3. 306 - Cold Weather Concreting. 4. 309 - Recommended Practice for Consolidation of Concrete. 1.03 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit manufacturer's data for concrete admixtures, liquid curing material, floorjoint filler, finishing compounds, and bonding agents. C. Submit concrete aggregate test reports and concrete mix designs at least 14 days prior to placement of concrete. D. Submit results of concrete strength tests. 1.04 QUALITY ASSURANCE A. Comply with ACI 301, except as modified in this Section. B. The Contractor shall hire an independent testing laboratory approved by the Engineer to perform the work listed below. All costs for this testing shall be paid by the Contractor 1. Test proposed aggregate. 2. Design concrete mixes for each type of concrete specified. 3. Cast concrete cylinders for strength tests. 4. Test concrete cylinders. C. Aggregate Tests 1. Test aggregates for compliance with ASTM C33. D. Concrete Mix Design 1. Prepare mix designs for each type of concrete specified. 2. Design concrete mixes in accordance with ACI 301. CAST -IN-PLACE CONCRETE 0 2015 Stantec 1193803185 03 30 00 - 1 E. Concrete Strength Tests 1. Mold and cure three 6 inch diameter by 12 inch high specimens from each sample in accordance with ASTM C31. Any deviations from the requirements of ASTM C31 shall be recorded in the test report. 2. Alternatively, if the maximum coarse aggregate size for the concrete mix used does not exceed 1-1 /4 inches, 4 test specimens 4 inch diameter by 8 inch high may be cast. 3. Test specimens in accordance with ASTM C39. Two 6 inch diameter or three 4 inch diameter specimens shall be tested at 28 days for acceptance and 1 shall be tested at 7 days for information. The acceptance test results shall be the average of the strengths of the specimens tested at 28 days. 4. Make at least 1 strength test for each 100 cu.yds. or fraction thereof of each mixture design of concrete placed in any 1 day. 5. A copy of the test results shall be furnished to the Engineer as soon as available. 6. All costs of concrete cylinder testing shall be paid by the Contractor. 7. Mold and field cure additional specimens as required in Section 00 31 00 for early form removal. F. Concrete Slump Tests 1. The Owner will determine slump of concrete from each truck in accordance with ASTM C143. 2. If slump does not meet Specifications, remove batch from work and dispose of off Site. 3. All costs of slump testing will be paid by the Owner. G. Concrete Air Content Tests 1. The Owner will determine air content of concrete from each truck in accordance with ASTM C231. 2. If air content does not meet Specifications, remove batch from work and dispose of off Site. 3. Air content will be tested prior to and after adding superplasticizer. 4. All costs of air content testing will be paid by the Owner. H. Concrete Temperature 1. The Owner will determine temperature of concrete from each truck. 1.05 PRODUCT HANDLING A. Do not store forms, shores, reinforcing, equipment, or other material on finished slab surfaces. PART 2 PRODUCTS 2.01 CONCRETE MATERIAL A. Cement: Conform to ASTM C150, Type I. Provide cement from 1 source of supply. B. Aggregate: Conform to ASTM C33. Provide aggregate from 1 source of supply. C. Water: Clean potable and free from deleterious amounts of oil, acid, alkali, or other foreign matter. CAST -IN-PLACE CONCRETE 0 2015 Stantec 1193803185 033000-2 2.02 ADMIXTURES A. Air Entraining Admixture: Conform to ASTM C260. B. Water Reducing Admixture: Conform to ASTM C494, Type A. C. High Range Water -Reducing Admixtures (Superplasticizer): Conform to ASTM C494, Type F and contain no chlorides. D. Fly Ash: Conform to ASTM C618, Class C or F. Loss on ignition shall be limited to 3 percent maximum. 2.03 MISCELLANEOUS MATERIAL A. Burlap -Polyethylene Sheet: Burlap polyethylene sheeting shall consist of burlap weighing not less than 10 oz./linear yard, 40 inches wide impregnated on 1 side with white opaque polyethylene 0.006 inch thick. Sheeting shall conform to ASTM C171. B. Liquid Curing Compound: Conform to ASTM C309, Type 1-D, Class B clear or translucent with fugitive dye. Not to be applied to floor slabs. C. Expansion Joint Material: Bituminous fiber type conforming to ASTM D1751 with bituminous or paraffin binder. D. Interior Joint Filler: 1 -part, self -leveling, polymer reinforced joint filler, Everjoint manufactured by L&M Construction Chemicals, Inc., or approved equal. E. Exterior Joint Sealant: 2 -parts, self -leveling, polyurethane sealant, Sonolastic S1_2 manufactured by Sonneborn, or approved equal. F. Concrete Finishing Compound: Thoroseal cement based coating manufactured by Thoro System Products, or approved equal. G. Bonding Agent: Acryl 60 manufactured by Thoro System Products, or approved equal. H. Adhesive Anchor: Adhesive for anchoring steel reinforcement dowels and threaded rods in concrete shall be a 2 component injected epoxy structural adhesive. Approved products include Hilti RE -500 Adhesive as manufactured by HIM Fastening Systems, Epoxy - Tie Adhesive as manufactured by Simpson Strong -Tie, or Epogel as manufactured by Sonneborn. I. Dovetail Anchor Slot: 18 -gauge stainless steel dovetail slot. 2.04 CONCRETE MIX PROPORTIONS A. Structural Concrete: Concrete for walls, slab -on grade, grade beams, slabs, beams, columns, bases, pads, and all other concrete not included in Paragraph B or C shall conform to the following minimum requirements: Coarse aggregate size ASTM C33 Size No. 67 Minimum compressive strength at 28 days 4,000 psi Maximum water -cement + pozzolan ratio 0.40 CAST -IN-PLACE CONCRETE © 2015 Stantec 1193803185 033000-3 Minimum cement + pozzolan content Maximum pozzolan content Slump before adding superplasticizers Slump after adding superplasticizer Entrained air content 564 lb/cu.yd. 25 percent of cement content 2 inches ± 1 inch 6 inches ± 1 inch 6 percent± 1-1/2 percent B. Structural Concrete: Concrete for footings shall conform to the following minimum requirements: Coarse aggregate size Minimum compressive strength at 28 days Maximum water -cement + pozzolan ratio Minimum cement and pozzolan content Slump Entrained air content PART 3 EXECUTION 3.01 CONCRETE PRODUCTION ASTM C33 Size No. 67 4,000 psi 0.45 564lb/cu.yd. 3 inches ± 1 inch 6 percent± 1-1/2 percent A. Ready -mixed concrete shall be batched, mixed, and transported in accordance with ASTM C94. B. Concrete shall be mixed only in quantities for immediate use. Concrete which has set shall be discarded and shall not be retempered. C. Discharge concrete from truck within 60 minutes after cement is added to the mix. D. Do not add water at the Site without the permission of the Engineer. E. Add superplasticizer to the concrete at the Site. Add superplasticizer and mix concrete in accordance with manufacturer's specification. 3.02 EMBEDDED ITEMS A. All sleeves, inserts, anchors, and embedded items required for adjoining work or for its support shall be placed prior to placing concrete. B. All embedded items shall be positioned accurately and supported against displacement. C. Voids in sleeves, inserts, and anchor slots shall be filled temporarily with readily removable material to prevent the entry of concrete into the voids. 3.03 PREPARATION BEFORE PLACING A. Formwork shall be completed and all reinforcement and embedded items shall be secured in place. B. All snow, ice, and mud shall be removed prior to placing concrete. CAST -IN-PLACE CONCRETE 9) 2015 Stantec 1193803185 033000-4 C. Do not place concrete on frozen ground. D. Do not place concrete on ground with standing water or when upper 2 inches of ground is saturated. E. Do not place concrete during rain, sleet, or snow. 3.04 CONCRETE CONVEYING A. Concrete shall be handled from the mixer to the place of final deposit as rapidly as practical by methods, which will prevent segregation or loss of ingredients. 3.05 CONCRETE DEPOSITING A. Deposit concrete continuously or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. Place concrete at such a rate that the concrete which is being integrated with fresh concrete is still plastic. C. Concrete which has partially hardened or has been contaminated by hardened materials shall not be deposited. D. Remove rejected concrete from the Site. E. Deposit concrete as nearly as practicable in its final position to avoid segregation due to handling or flowing. F. Free fall of concrete shall not exceed 5 feet. Use chutes equipped with hopper heads for placing where a drop of more than 5 feet is required. 3.06 PLACING CONCRETE SLABS A. Deposit and consolidate concrete slabs in a continuous operation. B. Consolidate concrete placed in slabs by vibrating bridge screeds, roller pipe screeds, or other methods acceptable to the Engineer. Bring slab surfaces to the correct level with a straight edge and then strike off. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. C. Do not leave screed stakes in concrete. D. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to start of finishing operations. 3.07 COLD WEATHER PLACING A. Do not place concrete when the air temperature is less than 40 degrees F without the specific approval of the Engineer. B. Cold weather concrete work shall conform to all requirements of ACI 306.1, except as modified by the requirements of these Contract Documents. CAST -IN-PLACE CONCRETE 0 2015 Stantec 1 7 93803185 033000-5 C. Concrete shall not be placed against any frozen substrate, including subgrade soils and surfaces of formwork. D. Concrete shall not be placed around any embedment, including reinforcing steel that is at a temperature below freezing. E. The temperature of the concrete delivered at the Site shall conform to the following limitations: Air Temperature Above 30 degrees F 0 to 30 degrees F Below 0 degrees F Minimum Concrete Temperature < 12 Inches Thick 60 degrees F 65 degrees F 70 degrees F 12 to 36 Inches Thick 55 degrees F 60 degrees F 65 degrees F F. If water or aggregate is heated above 100 degrees F, the water shall be combined with the aggregate in the mixer before cement is added. Cement shall not be mixed with water or with mixtures of water and aggregate having a temperature greater than 100 degrees F. G. When the mean daily temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 and 70 degrees F for the required curing period. H. Arrangements for heating, covering, insulation, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. I. Combustion heaters shall not be used during the first 24 hours, unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10 -day curing period. 3.08 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90 degrees F. C. When the temperature of the steel is greater than 120 degrees F, steel forms and reinforcement shall be sprayed with water prior to placing concrete. D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering in advance of placement. 3.09 CONSOLIDATION A. Consolidate all concrete in accordance with provisions of ACI 309. CAST -IN-PLACE CONCRETE © 2015 Stantec 1193803185 033000-6 B. Consolidate each layer of concrete immediately after placing by use of internal concrete vibrators. Maintain a frequency of not less than 8,000 vibrations per minute for each internal vibrator. C. Provide adequate number of units and power source at all times. Use a minimum of 2 vibrators for all Work and maintain spare units to ensure adequacy. D. Insert the vibrator so as to penetrate the lift immediately below the 1 being placed. Do not insert the vibrator into lower courses which have begun to set. E. Spacing between insertions of the vibrator shall generally be from 12 inches to 18 inches and shall not exceed twice the radius of action as shown in ACI 309 or 18 inches. F. Do not use vibrators to transport concrete inside the forms. G. Vibration shall be adequate and properly carried out to minimize entrapped air and surface voids on formed surfaces. 3.10 CONCRETE SLAB FINISHING A. Float Finish 1. Apply float finish to all slab surfaces. 2. After placing and screeding concrete slabs, do not work the surface until ready for floating. Begin floating when the surface water has disappeared and when the concrete has stiffened sufficiently to permit operation of a power -driven float. 3. Consolidate the surface with power -driven float or by handfloating if the area is small or inaccessible to power units. 4. Check and level the surface plane to a tolerance not exceeding 1/4 inch in 10 feet when tested with a 10 -foot straight -edge placed on the surface at not less than 2 different angles. 5. Immediately after leveling refloat the surfaces to a smooth, uniform, granular texture. B. Trowel Finish 1. Apply steel trowel finish to all interior floor slabs, topping, and stair treads. 2. Apply float finish to slabs as described above in Part 3.10.A. 3. After floating, begin the first trowel finish operation using a power -driven trowel. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. 4. Consolidate the concrete surface by the final hand troweling operation, free from trowel marks, uniform in texture and appearance, and with a surface plane tolerance not exceeding 1/8 inch in 10 feet when tested with a 10 -foot straight -edge. C. Broom Finish 1. Apply non -slip broom finish to all exterior sidewalks and aprons. 2. Apply float to slabs as described above in Part 3.10.A. 3. Immediately after floating, slightly roughen the concrete surface by brooming in the direction perpendicular to the main traffic route. Use a fiber -bristle broom. 3.11 FINISHING FORMED SURFACES A. Smooth Form Finish: Provide a smooth formed surface to all formed surfaces not exposed to view, unless otherwise noted in Paragraph B. Smooth formed finish shall consist of the following: CAST -IN-PLACE CONCRETE 0 2015 Stantec 1193803185 033000-7 1. Construct formwork in accordance with Section 00 31 00. 2. Patch all tie holes and defects larger than 1/8 inch in diameter and/or 1/8 inch deep. 3. Remove all fins, seams and concrete "buttons" protruding more than 1/16 inch. B. Special Form Finish: Provide a special form finish to all formed surfaces exposed to view: 1. Provide a smooth form finish in accordance with Paragraph 3.11.A. 2. Thoroughly clean concrete surface and remove all dirt, loose mortar particles, paint, films, protective coatings, efflorescence, and other foreign material. 3. Dampen surface with clean water just prior to application of finishing compound. 4. Mix 1 -part bonding agent to 3 -parts clean water for mixing liquid. 5. Mix concrete finish compound with mixing liquid as specified by the manufacturer. 6. Apply first coat to concrete with brush at 2 lbs. per square yard after the first coat has set. 7. Apply second coat to concrete with brush at 2 lbs. per square yard after the first coat has set. 8. When the second coat has set, float it to a uniform texture with a sponge float. 9. Prepare 3 test samples of various textures for approval by the Engineer. Each sample shall be approximately 6 feet by 6 feet in size and located on an unexposed wall surface as directed by the Engineer. 3.12 CURING A. Immediately after placement, all concrete shall be damp cured for a minimum of 7 days B. All slabs shall be covered with approved burlap -polyethylene film and kept in place throughout the curing period. C. Walls, beams, columns, and other formed surfaces shall be covered with burlap - polyethylene film or sprayed with an approved curing compound. D. All burlap -polyethylene film shall be adequately anchored at the edges to prevent moisture loss. E. Rewet all slab surfaces at least once a day during the curing period. 3.13 PATCHING A. Repair honeycomb and other defective areas, fill surface voids, and fill form tie holes and similar defects in accordance with ACI 301. B. Reinforce or replace deficient work as directed by the Engineer and at no additional cost to the Owner. 3.14 CLEAN UP AND DISPOSAL A. Upon completion and prior to any painting, all exposed or painted concrete surfaces shall be thoroughly cleaned of all concrete spatters, form oil, or other foreign material detrimental to appearance or painting. B. All excess concrete debris remaining after completion of placement and form removal shall be removed from the Site and disposed of in a proper and legal manner. END OF SECTION CAST-IN-FLA(t CVNLKtIt 0 2015 Stantec 1193803185 033000-8 SECTION 03 45 00 ARCHITECTURAL PRECAST CONCRETE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish all precast concrete caps, columns, bases, cladding and seat walls. B. Related Sections: 1. Section 03 30 00 - Cast in Place Concrete. 2. Division 04 - Masonry a. Section 04 05 13 Masonry Mortaring. b. Section 04 05 19 Masonry Anchorage and Reinforcing. c. Section 04 05 23 Masonry Accessories. 3. Section 05 12 00 - Structural Steel. 4. Section 07 92 00 - Joint Sealants. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for architectural precast concrete. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 STRUCTURAL PERFORMANCE A. Provide precast concrete units and connections capable of withstanding design loads as indicated on drawings on Sheet L8.1 0. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 3300. B. Certificates: Test results indicating that the cast stone meets specification requirements and proof of plant certification. C. Source quality control test reports: Submit compressive strength and water absorption testing results in conjunction with concrete mixtures used on precast units. D. Submit shop drawings showing product dimensions and connection details. Indicate unit locations by way of detailed plans, elevations and cross sections of each unit. Indicate joints, reveals and details at unit face, edges, corners and connection / anchorage points. E. Show location of welded connections utilizing AWS standard symbols. Indicate all hardware and connections. F. Show locations and tolerances of anchorage device hardware to be embedded or attached to structural members. ARCHITECTURAL PRECAST CONCRETE 0 2015 Stantec 1 193803185 034500-1 G. Unit setting plan: Show the setting location of precast units by labeling unique setting identifier on plans and elevations and on actual precast unit. H. Design modifications: If modifications to design are proposed to meet specific performance requirements and field conditions, submit design calculations and shop drawings as required. The design intent as represented in the drawings shall remain the some. I. Samples: Submit two 12 inches by 12 inches samples of each type of finish required showing proposed color, finish and texture for units. J. Qualifications: Submit data for manufacturer, installer, and testing agency. K. Manufacturer shall submit a written list of projects similar and at least 3 years of age, along with owner, architect and contractor references. L. Field quality -control test and inspection reports as determined. 1.05 REFERENCES A. Publications listed below form a part of this specification to extent referenced. Publications are referenced in text by the basic designation only. Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. B. Cast Stone Institute Technical Manual and Cast Stone Institute standard specifications. C. Precast / Prestressed Concrete Institute (PCI) standard specifications including PCI MNL 117. D. American Society for Testing and Materials (ASTM): Al 67-99 (2004)...... Stainless and Heat Resisting Chromium -Nickel Steel Plate, Sheet, and Strip A185-07..................Steel, Welded Wire Fabric, Plain for Concrete A615/A615M-09.... Deformed and Plain Billet -Steel Bars for Concrete Reinforcement C33-07....................Concrete Aggregates C150 .......................Portland Cement C979 ....................... Pigments for Integrally Colored Concrete C1194-03................Compressive Strength of Architectural Cast Stone C1195-03................Absorption of Architectural Cast Stone C1364-07................Architectural Cast Stone. D2244-07................Calculation of Color Differences from Instrumentally Measured Color Coordinates. ARCHITECTURAL PRECAST CONCRETE 0 2015 Stantec 1 193803185 034500-2 1.06 QUALITY ASSURANCE A. The Manufacturer: 1. Must have 5 years minimum continuous operating experience and have facilities for manufacturing cast stone as described herein. Manufacturer shall have sufficient plant facilities to produce the shapes, quantities and size of cast stone required in accordance with the project schedule. 2. Must be a current member of the Cast Stone Institute (CSI). 3. Must have a certified plant (Certification by the Cast Stone Institute). B. Stone setter: Must have 5 years experience setting cast or natural building stone. C. Testing: 1 sample from production units may be selected at random from the field for each 500 cubic feet (14 m3) delivered to the job: 1. 3 field cut cube specimens from each of these samples shall have an average minimum compressive strength of not less than 85 percent with no single specimen testing less than 75 percent of design strength as specified. 2. 3 field cut cube specimens from each of these samples shall have an average maximum cold -water absorption of 6 percent. 3. Field specimens shall be tested in accordance with ASTM C1 194 and C1 195. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Acceptable manufacturers: 1. American Artstone Company 2025 N. Broadway I P.O. Box 425 New Ulm, Minnesota 56073 (507) 233-3700 Fax (507) 354-7771 URL: www.american-artstone.com 2. Architectural Cast Stone, Inc. 1918 N. Wabash Ave. Wichita, Kansas 67214 Phone: (316) 262-5543 Fax (316) 262-5589 URL: www,architecturciccststone.com 3. Advanced Cast Stone Inc. 115 Lee Street Everman, Texas 76140 (817) 572-0018 Fax (817) 293-6378 URL: www.advancedcaststone.com 4. MidCon Products Inc. 262 East Main Street P.O. Box 370 Hortonville, Wisconsin 54944 Phone: (920) 779-4032 Fax: (920) 779-4443 URL: www.midconoroducts.com ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 193803185 034500-3 2.02 DELIVERY, STORAGE AND HANDLING A. Transport units in a manner to avoid excessive stress, cracking, or chipping of units. Limit multiple handling of units. B. Support units during handling and stockpiling with shock absorbent materials to prevent cracking and damage. C. Store units to prevent contact with soil, staining, discoloration or other physical damage. Protect units with waterproof covers. D. Place stored units so that identification marks as shown on the Shop Drawings are clearly visible. 2.03 ARCHITECTURAL CAST STONE A. Comply with ASTM C1364 B. Physical properties: Provide the following: 1. Compressive Strength -ASTM C1194: 6,500 psi (45 Mpa) minimum for products at 28 days. 2. Absorption - ASTM C1 195: 6 percent maximum by the cold water method, or 10 percent maximum by the boiling method for products as 28 days. 3. Air Content - ASTM C173 or C231: For wet cast product shall be 4-8 percent for units exposed to freeze -thaw environments. 4. Freeze thaw - ASTM Cl 364L: The cumulative percent weight loss (CPWL) shall be less than 5 percent after 300 cycles of freezing and thawing. 5. Linear Shrinkage - ASTM C426L: Shrinkage shall not exceed 0.065 percent. C. Job site testing -1 sample from production units may be selected at random from the field for each 500 cubic feet (14m3) delivered to the job site: 1. 3 field cut cube specimens from each of these samples shall have an average minimum compressive strength of not less than 85 percent with no single specimen testing less than 75 percent of design strength as allowed by ACI 318. 2. 3 field cut cube specimens from each of these samples shall have an average maximum cold -water absorption of 6 percent. 3. Field specimens shall be tested in accordance with ASTM C1194 and C1195. 2.04 RAW MATERIALS A. Portland Cement: ASTM C150, Type I or Type III, white and/or grey color. Provide cement from single source of supply. B. Fly Ash: ASTM A618. C. Coarse Aggregates: Granite, quartz or limestone, ASTM C33, 3/8 inch maximum size. Provide coarse aggregates from single source of supply. D. Fine aggregates: Manufactured of natural sands, ASTM C33, except for gradation. E. Coloring Admixture: Inorganic iron oxide pigments, ASTM C 979. Carbon black pigments shall not be used. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 193803185 034500-4 F. Water: Clean, potable, and free from deleterious amounts of oil, acid, alkali, or other foreign matter. G. Air Entraining Admixture: ASTM C260. H. Water Reducing Admixture: ASTM C494, Type A. Reinforcing Bars 1. ASTM A615, Grade 40 or 60, deformed steel galvanized or epoxy coated when cover is less than 1.5 inches (37 mm). 2. Welded wire fabric: ASTM A185 where applicable for wet cast units. J. Cast -In Anchors: All anchors, dowels and other anchoring devices and shims shall be standard building stone anchors commercially available in a non -corrosive material such as stainless steel, ASTM A276, Type 304. 2.01 FABRICATION A. Fabricate units to the dimensions as shown on the Drawings. B. Accurately place reinforcing units, inserts, anchor plates, and embedded items before concrete is placed. C. Comply with PCI MNL 117 as to unit fabrication. 2.02 CONCRETE MIXTURES A. Concrete used for precast column caps, bases and cladding and seat wall cladding and caps shall conform to the following minimum requirements and per PCI MNL 117: 1. Minimum compressive strength at 28 days 5000 psi. 2. Entrained air content 6 percent ± 1-1 /2 percent. 3. Water absorption: 6% by weight per ASTM C642. 2.03 COLOR AND FINISH A. Cast stone color, finish and texture. Colors subject to approval from manufacturer's standard or custom colors. 1. Column caps - Brown, medium sandblast finish. 2. Column cladding - Cream -Buff -Gold blend (Kasota stone appearance), light sandblast finish. 3. Column bases - Brown, medium sandblast finish. 4. Seat wall cap - Brown, light sand -blast finish. 5. Seat wall cladding - Cream -Buff -Gold blend (Kasota stone appearance), medium sand -blast finish. B. All surfaces intended to be exposed to view shall have a fine-grained texture similar to natural stone, with no air voids in excess of 1/32 in. (0.8 mm) and the density of such voids shall be less than 3 occurrences per any 1 inz (25mm2) and not obvious under direct daylight illumination at a 5 ft. (1.5m) distance. C. Units shall exhibit a texture approximately equal to the approved sample when viewed under direct daylight illumination at a 10 ft (3m) distance. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 193803185 034500-5 D. ASTM D2244 permissible variation in color between units of comparable age subjected to similar weathering exposure. 1. Total color difference - not greater than 6 units. 2. Total hue difference -not greater than 2 units. 2.04 REINFORCING A. Reinforce the units as required by the drawings and for safe handling and structural stress. B. Minimum reinforcing shall be 0.25 percent of the cross section area. C. Reinforcement shall be non -corrosive where faces exposed to weather are covered with less than 1.5in. (38 mm) of concrete material. All reinforcement shall have minimum coverage of twice the diameter of the bars. D. Minor chipping resulting from shipment and delivery shall not be grounds for rejection. Minor chips shall not be obvious under direct daylight illumination from a 20 -ft (6m) distance. E. Remove cement film, if required, from exposed surface prior to packaging for shipment. 2.05 CURING A. Cure precast units until 2,000 psi minimum compressive strength has developed before removing the units from the forms, unless greater strength is required for stripping. B. Cure units per requirements in PCI MNL117 by moisture retention without heat or by accelerated heat curing using steam or radiant heat and moisture. Provide additional yard curing as required. Form cured units shall be protected from moisture evaporation with curing blankets or curing compounds after casting. PART 3 EXECUTION 3.01 EXAMINATION A. Installing contractor shall check cast stone materials for fit and finish prior to installation. Do not set unacceptable units. 3.02 SETTING TOLERANCES A. Comply with Cast Stone Institute sM Technical Manual. B. Set stones 1/8 in. (3 mm) or less, within the plane of adjacent units. C. Joints, plus- 1/6 in. (1.5 mm), minus- 1/8 in. (3 mm). 3.03 JOINTING A. Joint size (per below): 1. At stone/stone joints in horizontal position, 3/8 in. (9.5 mm). 2. At stone/stone joints in vertical position, 3/8 in. (9.5 mm). 3. Stone/stone joint exposed on top 3/8 in. (9.5 mm). ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 193803185 034500-6 B. Joint Materials: 1. Mortar, Type N (above -grade), ASTM C270. Color to be selected by Landscape Architect. 2. Use a full bed of mortar at all bed joints. 3. Flush vertical joints full with mortar. 4. Leave all joints with exposed tops or under relieving angles open for sealant. 5. Leave head joints in coping and projecting components open for sealant. C. Location of joints: 1. As shown on shop drawings. 2. At control and expansion joints unless otherwise shown. 3.04 SETTING A. Drench units with clean water prior to setting. B. Fill dowel holes and anchor slots completely with mortar or non -shrink grout. C. Set units in full bed of mortar, unless otherwise detailed. D. Rake mortarjoints 3/4 in. (18 mm) in. for pointing. E. Remove excess mortar from unit faces immediately after setting. F. Tuck point unit joints to a slight concave profile. 3.05 JOINT PROTECTION A. Comply with requirements of Section 07 92 00, Joint Sealants. B. Prime ends of units, insert properly sized backing rod and install required sealant. 3.06 REPAIR AND CLEANING A. Repair chips with touchup materials furnished by manufacturer. B. Saturate units to be cleaned prior to applying an approved masonry cleaner. C. Consult with manufacturer for appropriate cleaners. 3.07 INSPECTION AND ACCEPTANCE A. Inspect finished installation according to Bulletin #36 published by the Cast Stone Institute. END OF SECTION ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 193803185 034500-7 This Page Left Blank Intentionally SECTION 03 60 00 GROUT PART1 GENERAL 1.01 SUMMARY A. Furnish and install non -shrink grout for column base plates, bearing plates, anchor bolts, and machine bases. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for grout. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit manufacturer's specifications for grout material. 1.04 PRODUCT HANDLING A. Deliver grout in original, unopened containers with the manufacturer's name, labels, product identification, and batch numbers. B. Store and condition the grout as recommended by the manufacturer. 1.05 PROJECT CONDITIONS A. Do not apply grout if it is raining or snowing. B. Protect adjacent areas from damage. PART 2 PRODUCTS 2.01 GROUT A. Non -shrink grout shall be Crystex manufactured by L & M Construction Chemicals, Inc., Sika Grout 212 manufactured by Sika Corporation, or approved equal. 2.02 CURING MATERIAL A. Curing blankets shall be burlap polyethylene sheets consisting of burlap weighing no less than 10 oz. per linear yard, impregnated on 1 side with white opaque polyethylene 0.006 inch thick. Sheeting shall conform to ASTM C171. GROUT © 2015 Stantec 1 193803185 03 60 00 - 1 PART 3 EXECUTION 3.01 SURFACE PREPARATION A. Clean surfaces of oil, grease, dirt, and laitance down to sound concrete. B. Remove rust from underside of plates. C. Thoroughly clean bolt holes and foundation area to be grouted. D. Roughen surface with small chipping hammer for good bonding surface. E. Saturate surface with water for 24 hours. F. Remove all standing water prior to grouting. G. Grout bolt holes first. H. Provide air relief holes in base plate as required. 3.02 FORMS A. Forms shall be strong and tight enough to prevent leaking. B. Wood forms must be oiled or sealed. C. On placement side, slant form at 45 -degree angle. D. Sloped form should be a minimum of 114 inch (0.63 mm) from base plate. E. Maintain full contact of forms with grout until grout hardens. 3.03 MIXING GROUT A. Set up sufficient and proper mixing equipment adjacent to the grouting area. B. Mix grout in a paddle -type mortar mixer or shear-type mixer. C. Maintain a reserve mixer in the event of mechanical break -down. D. First add required water and slowly add grout, mixing to a smooth consistency a minimum of 5 minutes. E. Place grout immediately. F. Provide water in quantity recommended by manufacturer to obtain a 25 to 30 second flow. G. Grout with the stiffest grout mix possible. H. Do not grout when flow is less than 20 seconds. GROUT © 2015 Stantec 1 193803185 036000-2 I. When grouting large void, over 3 inches in depth, extend grout mixture by adding up to 50 percent by weight 3/8 -inch washed pea gravel. 3.04 TEMPERATURE A. Avoid storing grout in extreme temperatures. B. In cold weather, maintain foundation, bed plate, and grout above 40 degrees F for at least 24 hours after placement. C. Grout may be placed between 40 to 110 degrees F with ordinary precaution. D. Do not mix or place grout in severe hot or cold temperatures. 3.05 PLACING GROUT A. Place grout continuously and rapidly from 1 side to reduce tendency to entrap air. B. Place grout in stiffest consistency possible. C. Pour pump on slanted form surface only to avoid entrapped air pockets. D. Grout must fill entire void and be placed to a level above the bottom of the plate to assure complete face to face contact between the grout and the plate. E. Allow for the necessary weep holes to release entrapped air between grout mass and base plate chambers. F. Place grout when flow is over 20 seconds. G. Use rods or tamping to compact grout and to remove voids. H. Remove forms or cut back grout only after initial set. 3.06 CURING A. Cover all exposed grout with wet burlap and polyethylene sheets immediately after placing. B. Keep area moist for a minimum of 72 hours. END OF SECTION GROUT © 2015 Stantec 1193803185 036000-3 This Page Left Blank Intentionally SECTION 04 05 13 MORTAR PART 1 GENERAL 1.01 SUMMARY A. Work under this Section includes mortar for unit masonry. B. Mortar Is Installed Under 1. Section 03 45 00 - Architectural Precast Concrete. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for mortar. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. American Society for Testing Materials (ASTM): 1. C144 -Standard Specification for Aggregate for Masonry Mortar. 2. C150 -Standard Specification for Portland Cement. 3. C207 -Standard Specification for Hydrated Lime for Masonry Purposes. 4. C270 -Standard Specification for Mortar for Unit Masonry. 1.04 TESTING AGENCY A. Employ the service of an independent testing laboratory approved by the Landscape Architect or Engineer for testing of mortar specified herein. B. Submit information regarding testing laboratory's facilities and qualifications. C. Contractor shall provide mortar mix design for approval. The mix designs shall be designed and signed by a professional engineer employed by a qualified independent laboratory. 1.05 TESTS A. Test materials proposed for use for compliance with specifications in accordance with test methods contained in referenced specifications and as follows: B. Mortar: 1. Test for compressive strength and water retention; ASTM C270. 2. Mortar compressive strengths 28 days as follows: a. Type M: Minimum 17230 kPa (2500 psi) at 28 days. Id. Type S: Minimum 12400 kPa (1800 psi) at 28 days. c. Type N: Minimum 5170 kPa (750 psi) at 28 days. 3. Sand: Test for deleterious substances, organic impurities, soundness and grading. MORTAR ©2015Stantec 1 193803185 040513-1 1.06 SUBMITTALS A. Submit in accordance with Section 01 3300. 1. Certificates: a. Indicating that following items meet specifications: b. Portland cement. c. Mortar cement. d. Hydrated lime. e. Fine aggregate (sand). f. Color admixture. B. Laboratory Test Reports: 1. Mortar, each type. 2. Admixtures. C. Manufacturer's Literature and Data: 1, Cement, each kind. 2. Hydrated lime. 3. Admixtures. 4. Liquid acrylic resin. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING A. Deliver masonry materials in original sealed containers marked with name of manufacturer and identification of contents. B. Store masonry materials under waterproof covers on planking clear of ground, and protect damage from handling, dirt, stain, water and wind. PART 2 PRODUCTS 2.01 MORTAR MATERIALS A. Portland Cement: ASTM C150, Type 1 or Type 2. Provide natural color or white cement as required to produce required mortar color. B. Masonry Cement: Not allowed. C. Hydrated Lime: ASTM C207, Type S. D. Aggregates: ASTM C144. E. Water shall be clean, potable, and fee of deleterious amounts of acids, alkalis, or organic materials. F. Colored Mortar Pigments: Natural and synthetic iron oxides and chromium oxides, compounded for use in mortar mixes: ASTM C979. 1. Use only pigments with record of satisfactory performance in masonry mortars. 2. Colors a. At Precast Concrete: As selected by the Landscape Architect. 3. Acceptable Manufacturers and Products a. Centurion: Centurion Pigments. b. Rockwood Industries, Davis Colors: True Tone Mortar Colors. MORTAR 0 2015 Stantec 1 193803185 040513-2 c. Solomon Grind -Chem Services, Inc.: SGS Mortar Colors. d. Prism Pigments: Mortar Colors. PART 3 EXECUTION 3.01 REFERENCE PRECAST A. Reference Architectural Precast Concrete Section for mortar types, color, installation and protection requirements. 3.02 MEASURING AND MIXING A. The method of measuring materials for the mortar used shall be by their volume or weight, and such that the specified proportions of the mortar can be controlled and accurately maintained. Measurement of sand by shovel shall not be permitted. B. Cementitious material and aggregate shall be mixed for at least 3 minutes and not more than 5 minutes in a mechanical batch mixer with the maximum amount of water to produce a workable consistency. C. Mix water with dry ingredients in sufficient amount to provide a workable mixture which will adhere to vertical surfaces of precast units. D. Mortar maybe re -tempered as required to restore proper consistency and workability a maximum of twice within two hours of initial mixing. E. Discard mortar that has reached its initial set or has not been used within two hours of initial mixing. Mortar Proportions by Volume Type Parts by Volume of Parts by Volume of Aggregate Measured in a Portland Cement Hydrated Lime Damp, Loose Condition M 1 1/4 Not less than 2-1/4 times and not more than 3 times the sum of the volumes of S 1 Over 114 to 1/2 N 1 Over 1/2 to 1-1/4 cement and lime used 3.03 MORTAR USE LOCATION A. Use Type M mortar for waterproof parging below grade. B. Use Type S mortar for masonry containing vertical reinforcing bars (non -engineered); masonry below grade; and engineered reinforced unit masonry work. C. Use Type N mortar for other masonry work, except as otherwise specified. END OF SECTION MORTAR 0 2015 Stantec 1 193803185 04 05 13 - 3 This Page Left Blank Intentionally SECTION 04 05 19 MASONRY ANCHORAGE AND REINFORCING PART 1 GENERAL 1.01 SUMMARY A. Work Included: Anchorage, reinforcements, and grouting related to masonry work as specified herein. B. Related Sections 1. Section 04 05 13 - Mortar. 2. Section 04 05 23 - Masonry Accessories. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for masonry anchorage and reinforcing. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 SUBMITTALS A. Submittals shall conform to provisions of Section 01 33 00. B. Product Data: Shall be manufacturers' printed data sheets on each product and application. C. Shop Drawings: Provide graphic details of layout and installation. D. Samples: Provide samples upon request. E. Manufacturers' installation instructions. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver products in manufacturers' original sealed packaging. B. Store products away from direct sunlight, heat sources, and open flame. Replace damaged material before start of installation. PART 2 PRODUCTS 2.01 REINFORCEMENT, ANCHORS, AND TIES A. Acceptable Manufacturers for Reinforcement, Anchors, and Ties 1. AA Wire Products Company. 2. Dur -O -Wal, Inc. 3. Heckman Building Products, Inc. 4. Hohmann & Barnard, Inc. MASONRY ANCHORAGE AND REINFORCING 0 2015 Stantec 1 193803185 0405 19 - 1 5. Masonry Reinforcing Corporation of America. 6. National Ty -Wal Masonry Products, Subsidiary of National Wire Products Industries, Inc. B. Deformed Reinforcing Bars for Wall Reinforcing: Provide under this Section to comply with requirements specified under Section 03 20 00. C. Horizontal Reinforcement for Single Wythe Concrete Masonry Unit Walls: Truss type reinforcing with continually diagonally oriented cross rods spaced not more than 16 inches on center, complete with prefabricated corners and tees 1. Wire Type and Gauge a. Side Rods: Deformed 3/16 -inch side wires. b. Cross Rods: Smooth No. 9 cross wires. 2. Size: Width to position side wires over masonry unit face shells. 3. Finish a. At exterior walls use hot -dipped galvanized, ASTM A153, Class B-2,1.50 ounce per square foot zinc coating. b. At interior walls use mill galvanized, ASTM A641, Class 1, 0.40 ounce per square foot zinc coating. 4. Acceptable Manufacturers and Product a. Dur -O -Wal, Inc.: Dur -O -Wal Truss. b. Comparable product of other specified manufacturers. D. Horizontal Reinforcing for Cavity Walls with Concrete Masonry Unit Back -Up: Ladder -type reinforcing with perpendicular cross rods spaced not more than 16 inches on center with eye and adjustable pintle design, complete with prefabricated corners and tees 1. Wire type and gauge a. Side Rods: Standard 9 gauge. b. Cross Rods: Standard 9 gauge. 2. Size: Width to position side wires over masonry unit face shells. 3. Finish: Hot -dipped galvanized, ASTM Al 53, Class B-2, 1.50 ounce per square foot zinc coating. 4. Acceptable manufacturers and product a. Dur -O -Wal, Inc.: DA 3600 Ladur-Eye. b. Comparable product from other specified manufacturers. E. Wire Mesh Ties: 1/2 inch square mesh of 16 -gauge steel wire, 3 inch wide strip by length as indicated or required to provide not less than 2 inches of embedment in mortar joint 1. Finish: Hot -dipped galvanized, ASTM Al 53, Class B-2, 1.50 ounce per square foot zinc coating. 2. Acceptable Manufacturers and Product a. AA Wire Products Company: AA216. b. Dur -O -Wal, Inc.: DA 960 - Wire Mesh Ties and Rolls. c. Comparable product of other specified manufacturers. PART 3 EXECUTION 3.01 INSTALLATION OF ANCHORS AND REINFORCEMENT IN MASONRY A. Horizontal Wall Joint Reinforcing: Insert horizontal wall joint reinforcing at courses specified in Section 04 22 00. Overlap reinforcing 6 inches, run around corners, extend into intersecting walls. Bend and overlap wires at wall ends or jambs. MASONRY ANCHORAGE AND REINFORCING © 2015 Stantec 1 193803185 040519-2 B. Anchorage to Concrete 1. Dovetail anchor slots are specified in Section 03 10 00, 2. Furnish dovetail anchors specified above. Install ties as spacing noted below: a. Horizontally at 24 inches on center. b. Vertically at 16 inches on center. 3.02 ANCHORAGE OF INTERSECTING WALLS OR PARTITIONS A. Masonry partition walls intersecting bearing walls and exterior Walls: Use mesh ties every second course as detailed. B. Partition wall intersections other than that noted in Paragraph A: Use pre -fabricated corners or tees. END OF SECTION MASONRY ANCHORAGE AND REINFORCING 0 2015 Stantec 1 193803185 0405 19-3 This Page Left Blank Intentionally SECTION 04 05 23 MASONRY ACCESSORIES PART 1 GENERAL 1.01 SUMMARY A. Work includes accessories related to masonry work as specified herein. B. Related Sections 1. Section 04 05 13 -Mortar. 2. Section 04 05 19 - Masonry Anchorage and Reinforcing. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for masonry accessories. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 SUBMITTALS A. Submittals shall conform to provisions of Section 01 33 00. B. Product Data: Shall be manufacturers' printed data sheets on each product and application. C. Shop Drawings: Provide graphic details of layout and installation. D. Samples: Provide samples upon request. E. Manufacturers' installation instructions. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver products in manufacturers' original sealed packaging. B. Store products away from direct sunlight, heat sources, and open flame. Replace damaged material before start of installation. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Acceptable Manufacturer: Masonry Technology, Inc., 24235 Electric Street, P.O. Box 214, Cresco, IA 52136. ASD. Tel: (800) 879-3348 or (319) 547-1122. Fax: (319) 547-1133. www.masonrytechnology.com. B. Requests for substitutions will be considered provided they are received prior to the Bid Date and the proposed substitution complies with the requirements of the Contract Documents. MASONRY ACCESSORIES © 2015 Stantec 1 193803185 04 05 23 - 1 2.02 APPLICATIONS A. Above Grade Cavity Wall Moisture Weep System: To weep moisture penetrating into cavity to exterior 1. Masonry Veneer Cavity Vents: Venting cavity to outdoors; lay under lowest course of masonry. 2. Cavity Mortar Diverter located just above cavity vent strips. 2.03 MATERIALS A. Masonry Vents: 0.024 inch (0.6 mm) thick high -impact polystyrene strip formed with 3/16 inch (5 mm) deep corrugations that when laid on flat unmortared surface allows air and water vapor to pass without impairing bearing or bond of mortar bed joint; continuous belts with intermittent vent legs; translucent in color when intended for exposure to view 1. Masonry Veneer Cavity Vents: MTI "Cavity Vent;" 2-1/4 inches (57 mm) wide vent legs at 9-1/2 inches (240 mm) on center; continuous belt 1 inch (25 mm) wide; total width 6 inches (150 mm). B. Cavity Mortar Diverter: MTI'Trash Mortar Diverter;" 0.024 inch (0.6 mm) thick high -impact polystyrene strip formed with 3/16 inch (5 mm) deep corrugations and bent into V" -shape with 9 -inch (229 -mm) back leg and 5 -inch (127 -mm) front leg; weep holes at 2-1/2 inches (63 mm) on center in bottom of "V" and 1 inch (25 mm) up each leg; to be inserted into wall cavity to collect trash mortar. 2.04 THROUGH -WALL EMBEDDED FLASHING MATERIALS A. Through Wall Flashing (TWF): Laminated flashing consisting on 5 -ounce copper sheet bonded with asphalt between 2 layers of glass fiber cloth 1. Acceptable manufacturer and product a. Afco Products, Inc.: Copper Fabric. b. Phoenix Building Products: Type FCC -Fabric Covered Copper. c. Sandell Manufacturing Co., Inc.: Copper Fabric Flashing. d. York Manufacturing, Inc.: York Copper Fabric Flashing. B. Primer and Adhesive for Flashing: As recommended by flashing manufacturer for particular application. C. Stainless Steel Drip Flashing (SST DRIP): 26 -gauge stainless steel drip edge flashing. Standard 1. 1-1 /2 inch wide with 3/8 -inch closed hemmed edge. 2. Separate flashing at control and expansion joints. 3. Acceptable manufacturer and product a. Dur -O -Wal, Inc.: DA 1525 -Drip Edge Stainless Steel Flashing. b. Comparable product of other specified manufacturers. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that walls, footings, and flashings are correctly installed. 3.02 PREPARATION A. Clean wall and footing surfaces of debris, excess mortar, and dirt. MASONRY ACCESSORIES © 2015 Stantec 1 193803185 040523-2 3.03 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Cavity Vents 1. Place vent strip on top of any flashings installed at base of cavity. 2. Brick and Masonry Veneer: Position vent strip with continuous edge centered in cavity and intermittent leg edge extending past outer face of wall. 3. Install masonry veneer on full bed joints avoiding blocking ends of corrugations located in cavity. 4. After completion of masonry veneer installation, score vent legs with utility knife at face of mortar joint and break off excess material flush with mortar. C. Cavity Mortar Diverter 1. Install in cavity at lowest point of cavity with v -point down and long leg towards interior of building. 2. Overlap lengths at least 2 inches (50 mm). END OF SECTION MASONRY ACCESSORIES 0 2015 Sfantec 1 193803185 040523-3 This Page Left Blank Intentionally SECTION 04 05 31 CAVITY WALL FLASHING/DRAINAGE SYSTEM PART 1 GENERAL 1.01 SUMMARY A. An all-inclusive flashing/drainage system. Section includes Flashing, Cavity Wall Drainage, Drip Edge, Termination Bar and Weeps. B. Related Sections 1. Section 03 45 00- Architectural Precast Concrete. 2. Section 04 05 13 - Mortar. 3. Section 04 05 19 - Masonry Accessories. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for flashing and drainage systems. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. Industry Standards 1. ASTM. 2. BIA. 3. MCAA. 4. BIA Tech Note: Brick Construction - #7 Water Penetration Resistance - Design and Detail. 5. BIA Tech Note: Brick Construction - #28B Brick Veneer/Steel Stud Walls. 1.04 DEFINITIONS A. Terms 1. Cavity Wall Flashing. 2. Foundation Sill Flashing. 3. Through Wall Flashing. 4. Termination Bar. 5. Adhesive/Sealant for Flashing. 1.05 SUBMITTALS A. Provide in accordance with Section 01 33 00 1. Product data and installation instructions. 2. 2 sections demonstrating lap joint: each 18 inch by 14 inch (457 mm by 356 mm). 3. Adhered flashing samples available. 4. Note: For TotalFlash/Restorations System - sample sections will be: 12 inches by 14 inches (305 mm by 356 mm). CAVITY WALL FLASHING/DRAINAGE SYSTEM © 2015 Stantec 1193803185 040531-1 PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Mortar Net USA Ltd, 541 S. Lake Street, Gary, IN 46403, Ph: 800-664-6638, www.mortarnet.com. 2.02 PRODUCTS A. Mortar Net's "TotalFlash" system is designed to replace traditional flashing systems. Custom configurations for headers and door openings are available. TotalFlash system consists of: Hyload Flashing, manufactured by Hyload, Inc.; Mortar Net Drainage/Weep System, Mortar Net Stainless Steel Drip Edge, if required and Mortar Net Termination Bar 1. TotalFlash System a. Hyload Flashing 1) The Hyload Flashing Membrane is a 40 -mil polymeric, reinforced, UV stable membrane, incorporating DuPont's ElvaloyOO KEE polymer. It is used to manufacture the TotalFlash system in the following panel sizes: 12 inches by 5 feet 18 inches by 5 feet 24 inches by 5 feet (305 mm by 1,524 mm) (457 mm by 1,524 mm) (610 mm by 1,524 mm) 2. Mortar Collection Device/Weep Tabs a. Recycled polyester material impregnated with UV protection, biocide to resist mold and flame retardant. Woven mesh designed to allow moisture to migrate to the integrated weep tabs; product adhered to the Hyload Flashing 1) Thickness: 3/8 inch (9.25 mm). 2) Height: 10 inches (254 mm). 3) Length: 5 feet (1,524 mm). 3. Drip Edge a. 304 Stainless Steel Drip Edge pre -attached to the Hyload Flashing and designed to divert moisture away from the masonry wall 1) 28 gauge (0.014) 304 Stainless Steel with formed drip edge. 2) Length: 5 feet (1,524 mm). 3) Width: 2.0 inches (51 mm). 4. Adhesive a. Provided with system for lapping TotalFlash sections 1) Multi Purpose/Structural Sealant/No Slump/Moisture Cure (Exceeds ASTM C920-94). 2) NO VOC. 3) 1 part. 4) 10.3 -ounce tubes. Termination Bar Pre -attached termination bar is designed to fasten flashing system to the substrate or can be tucked into mortar joint 1) Strip manufactured from high strength corrosion resistance plastic with pre- drilled holes for attachment. 2) Length 5 feet (1,524 mm). 3) Hole spacing 6 inches (152 mm). 5. E CAVITY WALL FLASHING/DRAINAGE SYSTEM © 2015 Stantec 1193803185 04 05 31 -2 6. Screws a. Provided self -tapping hex head screws designed to allow attachment to Masonry, Wood or Steel Stud 1) #14 by 1-1/4. 2) Quantity per box 100 (10 screws per 5 -foot section). PART 3 EXECUTION 3.01 INSTALLATION A. Install Flashing/Drainage System in accordance with manufacturer's installation instructions. B. Install system as required by detailed Project Drawings for cavity wall drainage. END OF SECTION CAVITY WALL FLASHING/DRAINAGE SYSTEM 0 2015 Sfantec 1193803185 04 05 31 -3 This Page Left Blank Intentionally SECTION 05 12 00 STRUCTURAL STEEL PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and install all structural steel columns, beams, purlins, bracing, and connections. 1.02 REFERENCES A. American Institute of Steel Construction (AISC) 1. Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings. B. American Welding Society (AWS) 1. Structural Welding Code DI.l. 1.03 SUBMITTALS A. Submittals shall conform to Section 01 3300. B. Shop Drawings: Submit shop drawings indicating profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners and accessories. Indicate welded connections using standard AWS welding symbols. 1.04 PRODUCT HANDLING A. Store materials to permit easy access for inspection and identification. Materials shall all be properly marked to identify the structure for which it is intended. Markings shall correspond to markings indicated on the shop drawings. B. Keep steel members off the ground using pallets, platforms, or other supports. Protect steel members and packaged materials from corrosion and deterioration. PART 2 PRODUCTS 2.01 STRUCTURAL STEEL A. Structural Steel Wide Flange Shapes: ASTM A992, unless otherwise indicated on the Drawings. B. Structural Steel Channels, Angles, Plate, Bars, S- and M- Shapes: ASTM A36. C. Hollow Structural Sections: ASTM A500, Grade B. D. Steel Pipe: ASTM A53, Grade B, Schedule 40, unless otherwise indicated on the Drawings. E. Anchor Bolts, Nuts, and Washers: Where bolts are anchored into concrete ASTM F1554 Grade 36, hot dipped galvanized. STRUCTURAL STEEL 0 2015 Stantec 1 193803185 05 1200-1 F. Bolts, Nuts, and Washers Connecting Steel to Steel: ASTM A325, 3/4 inch diameter, unless noted otherwise. Washers shall conform to ASTM F436. G. Welding Electrodes and Fluxes: Conform to AWS D1.1. H. Headed Stud -Type Shear Connectors: ASTM A108, Grade 1015 or 1020, cold finish carbon steel with dimensions complying with AISC specifications. I. Shop Paint: Conform to Steel Structures Painting Council Paint Specification No. 13. 2.02 HIGH STRENGTH BOLTS A. High strength bolts, nuts, and washers shall conform to ASTM A325. B. All high strength bolts shall have a twist -off tension indicator device. C. Zinc coated bolts and nuts shall be shipped in the some container. 2.03 ANCHOR RODS A. Anchor rods shall beheaded, threaded rod conforming to ASTM F1554, Grade 36. B. Nuts shall conform to ASTM A563, Grade A, heavy hex. C. Washers shall be fabricated from steel plate conforming to ASTM A36. D. All anchor bolts, nuts, and washers shall be galvanized. 2.04 WELDING ELECTRODES A. Welding electrodes shall conform to AWS D1.1. 2.05 NON -SHRINK GROUT A. Non -shrink grout for base plates shall conform to Section 03 60 00. 2.06 FABRICATION A. Fabricate steel members in accordance with AISC -Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings. 2.07 SHOP PAINTING A. Shop paint all steel fabrications. B. Surface Preparation: After inspection and before shipping, clean steel to be painted. Remove loose rust, loose mill scale and spatter, slag or flux deposits. Clean steel in accordance with Steel Structures Painting Council Surface Preparation Specification No. 2 - Hand Tool Cleaning. C. Shop Paint: Immediately after surface preparation apply 1 coat of alkyd metal primer accordance with manufacturer's instructions at a rate to provide a uniform dry film thickness of 2.0 mils minimum. STRUCTURAL STEEL © 2015 Stantec 1 193803185 05 1200-2 2.08 GALVANIZING A. Galvanize structural shapes, plates, and bars in accordance with ASTM A123. B. Galvanize hardware and miscellaneous items in accordance with ASTM A153. C. All anchor bolts shall be galvanized, unless noted. PART 3 EXECUTION 3.01 ERECTION A. Erect steel members in accordance with AISC -Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings. B. All field welding shall be performed by certified welders in accordance with AWS D1.1. C. Tighten high strength bolts and provide washers in accordance with AISC - Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings. D. Grout base plates in accordance with Section 03 60 00. END OF SECTION STRUCTURAL STEEL © 2015 Stantec 1 193803185 051200-3 This Page Left Blank Intentionally SECTION 07 92 00 JOINT SEALANTS PART GENERAL 1.01 SUMMARY A. Section Includes 1. Exterior sealants. B. Related Sections 1. Section 033000 -Cost -In -Place Concrete. 2. Section 03 45 00 - Architectural Precast Concrete. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for joint sealants. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. American Society for Testing and Materials: ASTM. 1.04 SUBMITTALS A. Shop Drawings Consistent with Section 01 33 00 and Including: 1. Three 6 inch long bead of each color of caulking to be used. 2. Three 6 -inch pieces of each size of backing material to be used. 3. Copies of manufacturer's specifications, recommendations, and installation instructions for caulking, backer rod, and accessory materials. 4. Manufacturer's published data, letter of certification, or certified test laboratory report that each material complies with requirements and is intended for application shown. 1.05 QUALITY ASSURANCE A. Applicator Qualification: Minimum 2 years of experience in applying sealants and approved by sealant manufacturer. B. Mock -Up 1. Prepare sample application in location directed by Landscape Architect. 2. Approval of the mock-up must be obtained from Landscape Architect. 3. Accepted mock-up shall constitute standard of acceptance for remaining work. 1.06 PRODUCT HANDLING A. Deliver materials in original, tightly sealed containers or unopened packages with manufacturer's name, labels, product identification, and lot numbers where appropriate. B. Store materials out of weather in original containers or unopened packages as recommended by manufacturer. JOINT SEALANTS © 2015 Stantec 1193803185 079200-1 1.07 JOB CONDITIONS A. The compounds shall be applied within an air temperature range of 40 degrees F to 80 degrees F to clean and dry substrate, unless manufacturer's literature and procedure allows for an exception. 1.08 GUARANTEE A. Provide caulking manufacturers standard 10 -years material guarantee. B. Guarantee workmanship against leakage for 2 years. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS -CAULKING A. Tremco, Dymeric, Sikaflex-2C NS/SL, or approved equal - General Applications. B. Mameco Vulkem 116 One -Part High Performance Elastomer - Submersion Service. C. Fire Barrier Caulk: 3M Brand. D. Colors: To be selected by Landscape Architect from manufacturer's standard colors. Colors may be different for every type of material receiving caulk. 2.02 MATERIAL A. Sealant Materials 1. Vertical Surfaces: a. For Interior Joints Up to 2 Inches Wide: 1 -part acrylic terpolymer base type "Mono" conforming to ASTM C834. b. For Exterior Joints and Joints Larger Than 2 Inches Wide: 2 -parts polytremdyne base type "Dymeric" conforming to ASTM C920. c. Caulking Compound for All Interior Joints Not Subject to Movement: Acrylic type which does not contain ingredients that will stain masonry or corrode metals conforming to ASTM C834. 2. Horizontal Surfaces These products are specified in Section 03 30 00. 2.03 BACKER ROD A. Material: Closed cell polyethylene ethafoam, or approved equal, compatible with sealant. Sof-rod by applied extrusion technology will be accepted for horizontal locations. B. Sized and shaped to control depth of sealant and to provide 20 -percent to 50 -percent compression upon insertion. 2.04 MISCELLANEOUS MATERIALS A. Joint Cleaner: Caulking manufacturer's recommended cleaner for condition encountered. B. Primer: Manufacturer's recommended primer for various substation substrates encountered. JOINT SEALANTS 0 2015 Stantec 1193803185 079200-2 C. Bond Breaker: Pressure sensitive adhesive polyethylene tape. D. Masking Tape: Pressure sensitive adhesive paper tape. PART 3 EXECUTION 3.01 INSPECTION A. Examine joints to be caulked for construction defects which would adversely affect execution of Work. B. Ensure that masonry and concrete have cured 28 days minimum. C. Do not start Work until conditions are satisfactory and construction defects have been corrected. 3.02 PREPARATION A. Wire brush, grind, sandblast, solvent wash, or prime per manufacturer's recommendations any surface containing release agents, water proofing, dust, loose mortar or latency, paint or finishes. B. Cleaning: Clean joint surfaces using joint cleaner as necessary to be free of dust, dirt, oil, grease, rust, lacquers, laitance, release agents, moisture, or other matter which might adversely affect adhesion of caulking. C. Masking: Mask areas adjacent to joints. D. Priming: Apply primer following manufacturer's instructions. 3.03 APPLICATION A. Install backer rod material in new and existing joints using blunt instrument to avoid puncturing. Do not twist backer rod while installing. Install backer rod so that joint depth is 50 percent of joint width, but a minimum of 1/4 inch deep. B. Apply caulking in new joints using -pressure gun with nozzle cut to fit joint width. Make sure caulking is deposited in uniform, continuous beads without gaps or air pockets. C. Tool joints to required configuration within 10 minutes of caulking application. If masking materials are used, remove immediately after tooling. D. Verify sealant type as required in other Sections. E. Apply sealant as shown on the Drawings and on new or modified areas as follows: 1. Interior and exterior perimeter of all the windows, door frames, louvers, and other exterior wall openings. 2. Around the bottom of all interior and exterior door frames where metal abuts or contacts concrete. 3. Expansion and control joints in concrete, concrete block, and brick masonry walls. 4. Around openings in walls, ceilings, and floors at conduits, pipes, ducts, and similar items (both sides of walls, ceiling, and floors). Apply Fire Barrier caulk at all such penetrations through rated walls. JOINT SEALANTS © 2015 Stantec 1193803185 079200-3 5. Around perimeter of both sides of all interior doors, windows, and borrowed light partitions. 6. Along edge of wall flashing. 7. Around perimeter of all louvers, both sides of wall, if accessible. 8. Expansion joints where concrete aprons abut exterior walls. 9. Around all joints or intersecting points where steel sleeves, steel handrail, steel structural, and steel support members extend out of or rest upon cast -in-place concrete. 10. Ends of precast concrete window sills. 11. All areas where dissimilar wall materials abut or adjoin. 12. Any other places shown on the Drawings. 13. Joints between steel lintels and wall materials. F. Caulking is not to be painted. 3.04 CLEANING A. Remove excess materials adjacent to joints by mechanical means or with xylol (xylene) or mineral spirits as Work progresses to eliminate evidence of spillage or damage to adjacent surfaces. Note: When using flammable solvents, avoid heat, sparks, and open flames. Always provide adequate ventilation and follow all precautions listed on solvent container label. B. Leave finished work in neat, clean condition with no evidence of spillovers onto adjacent surfaces. END OF SECTION JOINT SEALANTS © 2015 Stantec 1193803185 079200-4 SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for footings and foundations. B. Related Sections 1. Section 01 50 00 - Temporary Facilities and Controls 2. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for excavation and fill. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 3. 3877 -Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings. 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. EXCAVATION AND FILL © 2015 Stantec 1193803185 31 2300-1 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as needed per vertical element being constructed. Coordinate work as required with other trades. Stage excavations as required to minimize open trenching or pits. Cover excavations as needed and fence off areas with temporary fencing per Section 01 50 00. PART 2 PRODUCTS 2.01 MATERIALS A. Common Borrow: Conform to MnDOT Spec. 2105.26 1. The material shall be a soil which is capable of attaining specified compaction levels, excluding soils which contain organics, contain debris or are potentially expansive (CH or MH per the Unified Soil Classification System). B. Granular Borrow: Conform to MnDOT Spec. 3149.2131. C. Select Granular Borrow: Conform to MnDOT Spec. 3149.2132. D. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 0 to 40 #200 0 to 5 E. Recycled Aggregate: Conform to MnDOT Spec. 3149.2A.2. F. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. G. Topsoil Material: Conform to MnDOT Spec 3877. 1. Common Topsoil Borrow. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines as required. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. EXCAVATION AND FILL 0 2015 Stantec 1193803185 31 2300-2 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. No solid rock will be allowed within 12 inches of the subgrade. 4. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein. 3.05 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3E. 3.06 COMPACTING EMBANKMENTS A. Conform to Mn DOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.31-1, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: EXCAVATION AND FILL © 2015 Stantec 1193803185 31 2300-3 a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. END OF SECTION EXCAVATION AND FILL 02015 Stantec 1193803185 31 2300-4 SECTION 31 23 13 SUBGRADE PREPARATION PART GENERAL 1.01 SUMMARY A. Section Includes 1. Compacting subgrade prior to placing abase or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for subgrade preparation. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the aggregate backfill material if excavation and rough grading of subgrade is not performed under this Contract. B. Subgrade preparation shall be performed on the existing gravel base prior to placement of additional gravel base material. C. Subgrade preparation shall be performed prior to placement of the concrete curb and gutter. D. Complete Subgrade for streets, driveways, walks, and parking lots immediately after installation of pipe as part of trench backfill and compaction. E. Subgrade preparation shall be performed prior to placement of the bituminous/aggregate base course. PART 2 PRODUCTS Not Used. SUBGRADE PREPARATION 0 2015 Stantec 1193803185 31 2313-1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 COMPACTION A. Conform to MnDOT Spec. 2105.3F, oras 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. 3.03 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, 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 © 2015 Stantec 1193803185 31 23 13-2 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. 2. Structural fill required for under concrete footings and foundations. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No separate measurement for payment will be made for aggregate base course. 2. All Work and costs of this Section shall be incidental to the corresponding vertical elements and be included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 -Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a compaction test performed by an independent testing laboratory. 2. Subgrade has been checked for conformance to line and grade tolerances as shown on plans. PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. AGGREGATE BASE COURSES 0 2015 Stantec 1193803185 3211 23-1 B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100 -Percent Standard Proctor Density. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2015 Stantec 1193803185 32 11 23-2 SECTION 32 31 19 ORNAMENTAL METAL FENCE PART 7 GENERAL 1.01 SUMMARY A. Work Included: The contractor shall provide all labor, materials and appurtenances necessary for installation of the welded ornamental steel fence system. B. Related Sections 1. Section 03 30 00- Cast In Place Concrete. 2. Section 03 45 00- Architectural Precast Concrete. 3. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be identified on the bid form (No. 6) and be included in the Total Base Bid. 1.03 REFERENCES A. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy Coated (Galvannealed) by the Hot -Dip Process. B. ASTM B1 17 - Practice for Operating Salt -Spray (Fog) Apparatus. C. ASTM D523 - Test Method for Specular Gloss D. ASTM D714 - Test Method for Evaluating Degree of Blistering in Paint. E. ASTM D822 - Practice for Conducting Tests on Paint and Related Coatings and Materials using Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus. F. ASTM DI 654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to Corrosive Environments. G. ASTM D2244 - Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. H. ASTM D2794 - Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). I. ASTM D3359 -Test Method for Measuring Adhesion by Tape Test. J. ASTM F2408 -Ornamental Fences Employing Galvanized Steel Tubular Pickets 1.04 SUBMITTALS A. Submittals shall conform to provisions of Section 01 33 00. ORNAMENTAL METAL FENCING © 2015 Stantec 1 193803185 3231 19 - 1 B. Product Data: Shall be manufacturers' printed data sheets on each product and application. C. Shop Drawings: Provide graphic details of layout and installation. D. Samples: Provide samples upon request. E. Manufacturers' installation instructions. 1.05 DELIVERY, STORAGE, AND HANDLING A. Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism and theft. 1.06 WARRANTY A. All structural fence components (i.e. rails, pickets, and posts) shall be warranted within specified limitations, by the manufacturer for a period of 20 years from date of original purchase. Warranty shall cover any defects in material finish, including cracking, peeling, chipping, blistering or corroding. B. Reimbursement for labor necessary to restore or replace components that have been found to be defective under the terms of manufactures warranty shall be guaranteed for five (5) years from date of original purchase. PART 2 PRODUCTS 2.01 MANUFACTURER A. Acceptable Manufacturers for Fencing System (or equal); 1. Ornamental Steel, Majestic design, flush bottom rail treatment, 3 -Rail style manufactured by Ameristar Fence Products, Inc., in Tulsa, Oklahoma. 2. The fence system shall conform to Ameristar Montage Plus standard picket space welded and rackable. 3. Color of fencing system to be selected by Landscape Architect from manufacturer's standard colors. 2.02 MATERIAL A. Steel material for fence panels and posts shall conform to the requirements of ASTM A653/A653M, with a minimum yield strength of 45,000 psi (310 MPa) and a minimum zinc (hot -dip galvanized) coating weight of 0.60 oz/ft2 (184 g/m2), Coating Designation G-60. B. Material for pickets shall be 3/4" square x 18 Go. tubing. The rails shall be steel channel, 1.5" x 1.4375" x 14 Ga. Picket holes in the rail shall be spaced 4.675" O.C. for standard picket spacing. Fence posts and gate posts shall meet the minimum size requirements of Table 1. ORNAMENTAL METAL FENCING 0 2015 Stantec 1 193803185 3231 19-2 2.03 FABRICATION A. Pickets, rails and posts shall be pre-cut to specified lengths. Rails shall be pre -punched to accept pickets. B. Pickets shall be inserted into the pre -punched holes in the rails and shall be aligned to standard spacing using a specially calibrated alignment fixture. The aligned pickets and rails shall be joined at each picket -to -rail intersection by a fusion welding process. The welding process shall produce a virtually seamless, spatter -free good -neighbor appearance, equally attractive from either side of the panel. C. The manufactured panels and posts shall be subjected to an inline electrode position coating (E -Coat) process consisting of a multi -stage pretreatment/wash, followed by a duplex application of an epoxy primer and an acrylic topcoat. The minimum cumulative coating thickness of epoxy and acrylic shall be 2 mils (0.058 mm). The color shall be (specify Black or Bronze). The coated panels and posts shall be capable of meeting the performance requirements for each quality characteristic shown in Table 2 (Note: The requirements in Table 2 meet or exceed the coating performance criteria of ASTM F2408). D. The manufactured fence system shall be capable of meeting the vertical load, horizontal load, and infill performance requirements for Commercial weight fences under ASTM F2408. E. Gates with an out to out leaf dimension less than and including 72 inches shall be fabricated using Montage Plus ornamental panel material and 1-3/4 inch sq. x 14 ga. gate ends. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined by welding. PART 3 EXECUTION 3.01 PREPARATION A. All new installation shall be laid out by the contractor in accordance with the construction plans. 3.02 INSTALLATION A. Fence post shall be spaced according to Table 3, plus or minus /4 inches. For installations that must be raked to follow sloping grades, the post spacing dimension must be measured along the grade. Fence panels shall be attached to posts with brackets supplied by the manufacturer. Posts shall be set in concrete footers having a minimum depth of 48 inches. B. The "Earthwork" and "Concrete" sections of this specification shall govern material requirements for the concrete footing. C. When cutting/drilling rails or posts adhere to the following steps to seal the exposed steel surfaces; 1. Remove all metal shavings from cut area. 2. Apply zinc -rich primer to thoroughly cover cut edge and/or drilled hole; let dry. 3. Apply 2 coats of custom finish paint matching fence color. ORNAMENTAL METAL FENCING © 2015 Stantec 1 193803185 3231 19-3 3.03 CLEANING A. The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. 3.04 MANUFACTURER'S COMPONENT SPECIFICATIONS Table 2 - Coaffna Performance Requirements Table 1 - Minimum Sizes for Montage Plus Posts Fence Posts Panel Hei ht Characteristics 2-1/2" x 16 Ga. Up to & Including 6' Height D3359 - Method B Adhesion (Retention of Coating) over 90% of test Bracket Gate Leaf UID to & Including Gate Hei ht 4' Over 4' Up to & Including 6' U to 4' 2-1/2" x 14 Ga. 3" x 12 Ga. ' 1 " 4to 6' 3" x 12 Ga. 3" x 12 Ga. 6'1"to 8' 3"x 12 Ga. 4"x 12 Ga. Table 2 - Coaffna Performance Requirements ualit ASTM Test Method Performance Requirements Characteristics Post Size 2-1/2" Adhesion D3359 - Method B Adhesion (Retention of Coating) over 90% of test Bracket Montage Plus area (Tape and knife test). Corrosion B117, D714 & D1654 Corrosion Resistance over 1,500 hours (Scribed per Resistance Line Blvd. D1654; failure mode is accumulation of 1/8" Swivel coating loss from scribe or medium #8 blisters). Impact Resistance D2794 Impact Resistance over 60 inch Ib. (Forward Post impact using 0.625" ball). Weather ng D822 D2244, D523 (60° Weathering Resistance over 1,000 hours (Failure Resistance Method) mode is 60% loss of gloss or color variance of more 95" 95" than 3 delta -E color units). Table 3 - Montage Plus - Post Spacing By Bracket Type Span For MAJESTIC 8' Nominal 91.95" Rail Post Size 2-1/2" 2-1/2" 2-1/2' 3" 2-1 /2" 3" Bracket Montage Plus Montage Plus Montage Plus Montage Plus Type Universal Line Blvd. Flat Mount Swivel (BBI 121 (BBI 14) BB1 1 BB113 Post Settings 95" 95" 95" 95-1/2" 195"- 95-1/2" ± 1/4" O.C. *Note: When using BB 113 swivel brackets on either or both ends of a panel installation, care must be taken to ensure the spacing between post and adjoining pickets meets applicable codes. This will require trimming one or both ends of the panel. END OF SECTION ORNAMENTAL METAL FENCING © 2015 Stantec 1 193803185 3231 19-4 ELECTRIC LIGHTING SYSTEM ROADWAY DIVISION SL — ELECTRICAL LIGHTING SYSTEMS ROADWAY 02015 Stantec. 119383185 I hereby certify that the Special Provisions for lighting construction (Sections SL) contained in this proposal were 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. ~%��,-� ,moi • ��-1'--�=� Bryon S. Schmidt License No. 51544 Date: 3/05/2015 ELECTRIC LIGHTING SYSTEM ROADWAY SL -1 ELECTRIC LIGHTING SYSTEM ROADWAY DIVISION SL SL -1 (1802) QUALIFICATION OF WORKERS The provisions of Mn/DOT Specification 1802 are hereby supplemented with the following: Signal and Lighting Certification will be required for all Contractors, Supervisors or Foreman involved in the field installation of the Traffic Signal and/or Lighting portion of this Project. Signal and Lighting Certification, Level Il, is available through the Mn/DOT Technical Certification Program. Questions regarding certification or past certification may be directed to Technical Certification Coordinator at telephone (651) 366-4201. SL -2 (2545) ELECTRIC LIGHTING SYSTEMS This specification shall cover all work related to the roadway lighting. This work shall consist of furnishing labor, equipment, and materials for construction of an electric lighting system in accordance with the applicable provisions of Mn/DOT 2471, Mn/DOT 2545, the National Electric Code, the Plans, and the following: SL -2.1 GENERAL A. Locating Underground Utilities The Contractor must adhere to all requirements of Gopher State One Call including the following: The Contractor is responsible for marking the proposed excavation area by utilizing white markings. The white markings must delineate the actual excavation area where the locating of underground facilities is required. SL -2.2 MATERIALS A. Shop Drawings THE CONTRACTOR SHALL PROVIDE DETAILED SHOP DRAWINGS FOR ALL MATERIALS AND ELECTRICAL EQUIPMENT AS SPECIFIED IN THE CONTRACT B. Conduit The Contractor shall furnish and install non-metallic conduit (N.M.C.) at the locations indicated in the Plans. The size of the conduit shall be as indicated in the Plan. All conduit shall be in accordance with the following: ©2015 Stantee. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -2 ELECTRIC LIGHTING SYSTEM ROADWAY C. Non -Metallic Conduit: Shall be in accordance with Mn/DOT 3803, except as follows: Shall be Schedule 40 conduit and fittings for all installation except as specifically noted otherwise. D. High Density Polyethylene Conduit (HDPE) Meets requirements of NFPA70, Thermoplastic polymer material, Smooth interior and smooth exterior wall, UL listed, NEMA —TC -7. Manufacturer: Carlon or equal. E. Rigid Metal Conduit Shall be in accordance with the following: Galvanized inside and outside, NFPA 70, Article 344, UL Listed. Rigid metal conduit fittings: Threaded couplings and fittings only; no set screw, gland type, or split fittings. Grounding type insulated bushings; O-Z/Gedney Type BLG, or equal. Insulated bushings; Midwest Electrical Mfg. Co., O-Z/Gedney Type B, or equal. Sealing locknuts; Midwest Electrical Mfg. Co., RACO, or equal. Expansion Fittings: 4 -inches conduit movement, External bonding jumper. Pull Fittings (C, LB, etc.): Clamp type, stamped covers with gaskets and stainless steel screws and clamps. Conduit Hubs: Full contact type with sealing "O" ring, Myers "Sera-tite," or equal. Material: Fittings, hubs, etc. shall be galvanized steel for galvanized steel conduit and copper free aluminum for aluminum conduit. Corrosion Resistant Coatings: Pretreatment: Carboline Carbocrylilc 120 (for both steel and aluminum conduit), or equal Coating: Carboline Bitumastic 300M, 3M Scotchrap Pipe Primer and wrapped with 3M Scotchrap Corrosion Protection Tape. F. Liquid tight Flexible Metal Conduit Galvanized steel core, Built-in continuous copper ground in 1/2 inch through 1-1/4 inches, PVC jacket, NFPA 70, Article 350, UL listed, Manufacturer: Amer-Tite Type UL, Anamet Anaconda Sealtite Type U.A., Electri-Flex Liquatite Type L.A., or equal. Connectors: Grounding ferrule and insulated throat, Manufacturer: Appleton STB, Crouse -Hinds LTB, Midwest Electric LTB, or equal. Grounding liquid tight connectors: Grounding ferrule and insulated throat, Ground lug cast as integral part of iron gland nut. Manufacturer: Appleton, Efcor Brand, O-Z/Gedney, or equal G. Direct Burial Receptacle Post Low profile enclosure, weatherproof while -in -use cover. Provide GFCI type receptacle. Color shall be selected during shop drawings. Heavy duty UV -rated plastic, UL listed enclosure. See drawings for details. ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -3 ELECTRIC LIGHTING SYSTEM ROADWAY Manufacturer: Arlington Industries GPBK35, or equal. H. Receptacle Pedestal Unmetered receptacle pedestal (50/30/20GFCI), direct burial, 10,000 AIC, 100A main lug, underground feed, Load center with (50A, 240V GFCI type breaker), (30A, 120V GFCI type breaker), and (20A, 120V breaker). 120/240 volt service from panelbaord SEAL. Refer to drawings for details. Manufacturer: Midwest Electric U075CP6010, or equal. I. Pull and Junction Boxes Weatherproof die-cast aluminum boxes with threaded outlets for all surface mounted outlets; Bell (Raco), or approved equal. J. Above Ground Wiring Above ground wiring in roadway lighting standards shall be in accordance with Mn/DOT 2545.3G3. Fuse holders shall be of the breakaway type. Mn/DOT approved Fuse Holders are listed on the Mn/DOT Approved/Qualified Products Lists WEB site for Lighting: http://www.dot.state.mn.us/products/index.html K. Above Ground Splices Aboveground splices shall be in accordance with the provisions of Mn/DOT 2545.3G4. When above ground splices are allowed, the Contractor may substitute approved insulated wire splice connector blocks for the specified "split bolt" connector: Mn/DOT approved Insulated Wire Splice Connector Blocks are listed on the Mn/DOT Approved/Qualified Products Lists WEB site for Lighting: http://www.dot.state.mn.us/products/index.html The Contractor shall apply two layers of protective vinyl electrical tape over the insulated wire splice connector blocks and extend at least one (1) inch over the incoming conductor insulation. L. Underground Wiring 600 -VOLT WIRE AND CABLE Feeder and Branch Circuit Wire shall be Stranded copper conductor, XHHW insulation. Control Wire shall be #14 AWG, 7 or 9 strand copper, THWN or XHHW insulation, Solid color. Insulation of all wire shall conform to ICEA S-95-658, NFPA 70, and UL -83. All Wire and Cable Shall Be new and coiled or on reels. Each coil and/or reel shall have a label with the manufacturer's name, trade name of wire, size of wire, and UL label. ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -4 ELECTRIC LIGHTING SYSTEM ROADWAY M. Fiber Optic Cable Outdoor/indoor rated PVC outer jacket, Tight buffered style design, Flame retardant, UV resistant, fungus resistant, and moisture resistant, 6 -fiber cable sized for multi -mode communication. Manufacturer shall be: Optical Cable Corp., or equal. N. Underground Cable Splice The Contractor shall furnish and install an underground cable splice in accordance with the provisions of Mn/DOT 2545.3G4. Mn/DOT approved Splice Kits are listed on the Mn/DOT Approved/Qualified Products Lists WEB site for Lighting: http://www.dot.state.mn.us/products/index.html O. Light Base, Design B - Modified The Contractor shall furnish and install a concrete Light Base, Design B - Modified, constructed in accordance with Mn/DOT 2545.3F and in the Plan, at the locations indicated in the Plan. The modification shall be as shown on the drawings for the bollards type BOL. P. Equipment Pad B - Modified The Contractor shall furnish and install a complete concrete pad in accordance with MnDOT Standard Plate No. 8106, at the locations indicated in the Plan. The equipment pad shall be constructed in accordance with MnDOT 2545.317 except the concrete shall be Mix No. 3A32. The equipment pad mentioned will be used for mounting of a lighting service cabinet. The reinforcement bars for use in the foundation shall conform to the requirements of MnDOT 3301. Modified as shown on the drawings and based on the dimension of the actual cabinet being provided. Verify during shop drawings the size of the cabinet being provided and modify the size of the pad as needed. Q. Service Cabinet, Secondary Type Ll (120/240 VAC) - Modified With Cold Sequence Disconnect The Contractor shall furnish and install a Service Cabinet, Secondary Type Ll, for supplying power to an electric lighting system, on an equipment pad concrete foundation at the location indicated in the Plans. MnDOT approved Service Cabinet's Secondary Type Ll with Cold Sequence Disconnect are listed on the MnDOT Approved/Qualified Products Lists WEB site for Lighting: http://www.dot.state.mn.us/products/index.html 02015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -5 ELECTRIC LIGHTING SYSTEM ROADWAY Modified as shown on the drawings and as required for a 300A service, number of circuits shown in the panelboard schedule, and the branch circuit control as shown on the drawings for the lighting and receptacle loads. R. UNDERGROUND WARNING TAPE 6 inches wide, 4 -mil polyethylene film. Vivid, opaque, long-lasting red color with bold, black letters. Lettering 1. Top line — "...CAUTION CAUTION CAUTION..." 2. Bottom line — "...ELECTRIC LINE BURIED BELOW..." Seton Name Plate Corp. No. 210 ELE, EMED Co. Stock No. UT27737-6, or equal. S. GROUND FAULT CIRCUIT INTERRUPTER RECEPTACLES Specification grade, 3 -wire grounding type, NEMA 5-20R, Side wired, Rated 20 amperes, 125 volts, Gray color. Manufacturer: Eagle 9569, Hubbell GF -5362, Leviton 7899, or equal. T. WALL PLATES Weatherproof covers for receptacles shall be hinged, Specification grade, weather proof while in use, cast aluminum, UL listed, gray, completely gasketed Manufacturer: TayMac, Red Dot, or equal. U. Control Devices Timeclock shall be astronomic, Multi-purpose, 365 day with holiday and seasonal scheduling, 4 - channel, Manual override capability, LCD display, Automatic daylight savings or standard time, Automatic Leap Year correction, SPDT contacts rated 10 amps 24-277VAC. Manufacturer: 4 channel Tork DZS400A or equal. Relays shall be 120 Vac, 60 Hz. general purpose plug-in type, Contacts rated 10 amps at 240 Vac, Dust cover and base with screw terminals. Manufacturer: Potter & Brumfield, Square D, Allen-Bradley, or equal. Lighting Contactors shall be 600 volt electrically held, Ampere rating and number of poles per the Drawings, NEMA 1 enclosure, or open type if mounted in enclosure with other components. Manufacturer: Cutler -Hammer, General Electric, Square D, or equal. Heavy duty, oil tight selector switches shall be be 30 mm. Selector switches shall have a knob lever type operator with a white insert. See drawings for details. V. Handholes Precast concrete box and cover or fiber reinforced polyester box and polymer concrete cover. Covers and boxes design/test load rating (lbs): 22,500/33,750 — ANSI Tier 22 Minimum of 2 stainless steel bolts to secure cover to the box. Sized as Required Per Code: Minimum Size: 12 inches wide, 12 inches long, and 12 inches deep unless noted on the drawings. Color of cover to match sidewalk concrete of which it is installed. For fiber optic conduit runs, the word "FIBER" shall formed on the cover. 02015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -6 ELECTRIC LIGHTING SYSTEM ROADWAY Manufacturer: CDR Systems Corp., Quazite "Composite," or equal. SL -3 CONSTRUCTION REQUIREMENTS A. Conduit Installation Conduit shall be installed in accordance with Mn/DOT 2565.31) and as follows: Underground conduit runs shall have a minimum cover of 2 feet, and shall be rigid nonmetallic conduit, unless noted otherwise Conduit shall be sloped to drain to handholes or pull boxes. Rigid metal conduit shall be used for the vertical elbow and riser out of the ground. Rigid metal conduit installed underground or in contact with concrete shall have a corrosion resistant coating or covering. Liquidtight flexible metal conduit shall be used where allowed as shown on the drawings. Liquidtight flexible metal conduit 1-1/2 inches and larger shall have an external bonding jumper sized in accordance with NFPA 70. Grounding liquidtight connectors may be used in lieu of the grounding clamp on the conduit. HPDE conduit may be used for underground conduit runs longer than 50 feet. B. Light Standard Installation (Bollards) The Contractor shall install light standards in accordance with MnDOT 2545.3H and as follows: The Contractor shall use only shims for leveling when installing aluminum light standards on light standard bases. Assemble the lighting unit in accordance with the manufacturer's requirements. Make certain that the holddown and connecting washers are installed in their proper locations. The Contractor shall use only leveling nuts when installing stainless steel light standards on light standard bases. Where leveling nuts are used, the leveling and top nuts shall both be securely tightened against the light standard base plate. Where shims are used the top nuts shall be securely tightened against the light standard base plate. The leveling nuts and top nuts shall be tightened as follows: 1. the threads of the nuts shall be lubricated with a brush on anti -seize lubricant and then the nuts shall be torqued to minimum 125 ft -lbs. required for 1 inch diameter anchorages. 2. The threads of the nuts shall be lubricated with a brush on anti -seize lubricant and then the nuts shall be torqued to minimum 240 ft -lbs. required for 1'/o inch diameter anchorages. ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -7 ELECTRIC LIGHTING SYSTEM ROADWAY C. Wiring in Light Standard Concrete Bases The Contractor shall install conduits in light standard concrete foundations in accordance with the provisions of MnDOT 2545.3G. Approximately 2 feet of slack cable shall be left in each light standard base. D. Service Equipment The Contractor shall famish and install service equipment that consists of a meter socket, required mounting brackets, conduit fittings, required wiring, and other items incidental to a complete meter socket installation. The meter socket shall be in accordance with MnDOT 3837. Meter will be famished and installed by others. The meter socket shall be suitable for single phase 3 -wire 120/240 volt AC, shall contain a positive bypass mechanism, shall have lugs that will allow the power conductors to be stripped and laid into the lugs without being cut, and shall be approved by the power company. E. Anti -Seize Lubricant Threaded portions of all anchor rods above concrete foundations and steel bases shall be coated with a brush -on anti -seize lubricant before installation of lighting units, lighting service cabinets, or other type cabinets on anchor rods. The Contractor shall also apply brush -on anti -seize lubricant to the access door nut and bolt of each lighting unit. F. Bonding and Grounding All bonding and grounding shall be in accordance with the provisions of Mn/DOT 2545.3R, and all required ground rod electrodes shall be UL Listed. SL -4 MEASUREMENTS AND PAYMENTS Bid items have been provided for electrical items. Measurement will be based upon the units as listed below for the items. The actual quantity multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs to install the following according to the plans and specifications: Illuminated Bollard (Fixture Type BOL): Measurement shall be by each luminaire furnished and installed on an existing pole. Payment at the Bid Unit Price shall be full compensation for famishing and installing all materials, including all hardware, fittings, internal wiring, and incidentals necessary to complete the work. ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -8 ELECTRIC LIGHTING SYSTEM ROADWAY Light Base Design E Modified: Measurement shall be by each pole base furnished and installed according to the detail on the plan. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, conduit, and incidentals necessary to complete the work. Service Cabinet Secondary Type Ll Modified: The service cabinet shall be measured by each service cabinet furnished and installed. The Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, breakers, photocell, and incidentals necessary to complete the work. Equipment Pad B Modified: Measurement shall be by each equipment pad furnished and installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, conduit, and incidentals necessary to complete the work. Direct Burial Receptacle Post: Measurement shall be by each Direct Burial Receptacle Post furnished and installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, conduit, and incidentals necessary to complete the work. Receptacle Pedestal: Measurement shall be by each Receptacle Pedestal famished and installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, conduit, and incidentals necessary to complete the work. Tree Grate Receptacle: Measurement shall be by each Receptacle Pedestal furnished and installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, conduit, and incidentals necessary to complete the work. Electrical Conduit System: Measurement shall be by lump sum for all conduits furnished and installed. Payment at the Lump Sum Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, and incidentals necessary to complete the work. Electrical Wiring System: Measurement shall be by lump sum for all wire furnished and installed. Payment at the Lump Sum Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, and incidentals necessary to complete the work. Fiber Optic Cable: Measurement shall be by linear foot for fiber optic cable furnished and installed. Payment at the Linear Foot Price shall be full compensation for furnishing and installing all materials and incidentals necessary to complete the work. Banner Columns: All electrical related to the banner columns shall be incidental to the banner columns. The work incidental to the banner columns shall include but not be limited to fixture type OAB and related transformers, final connections to sign lighting, and internal conduit and wire. Gateway Entry Sign W/ Reader Board: All electrical related to the gateway entry sign w/ reader board shall be incidental to the gateway entry sign w/ reader board. The work incidental to the banner ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL -9 ELECTRIC LIGHTING SYSTEM ROADWAY columns shall include but not be limited to fixture type OAB and related transformers, final connections to sign lighting, final connections to the reader board, and internal conduit and wire. Gateway Colonnade: All electrical related to the gateway colonnade shall be incidental to the gateway colonnade. The work incidental to the gateway colonnade shall include but not be limited to fixture type OAB, DA and related transformers, and internal conduit and wire. Civic Event Pergola: All electrical related to the civic event pergola shall be incidental to the civic event pergola. The work incidental to the civic event pergola shall include but not be limited to fixture type OAB, 1-1136 and related transformers, final connections to sign lighting, and internal conduit and wire. END OF SECTION ©2015 Stantec. 119383185 ELECTRIC LIGHTING SYSTEM ROADWAY SL - 10 Project Manual For Xylon Avenue North and 45th Avenue North Infrastructure Improvements Prepared for: City of New Hope, Minnesota City Project No. 944 4 Stantec April 2015 Stantec Project No. 193802810 Client#: 4511 GEISSONI ACORD,, CERTIFICATE OF LIABILITY INSURANCE D5/05/2ATE 1015 Y) 5/05/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MN -COMMERCIAL LINESa�NNe, COBB STRECKER DUNPHY & ZIMMERMANN 150 S FIFTH ST STE 2800 HRMNTACT : 612 349-2400FAX ac : 612 349 2490 xe E-MAIL ADDRESS: A MINNEAPOLIS, MN 55402 INSURER(S) AFFORDING COVERAGE NAIC0 INSURERA: CINCINNATI INSURANCE COMPANY INSURED GEISLI&SONS INC 37 PO BOXX 4 437 INSURER B: NAVIGATORS INSURANCE COMPANY 42307 INSURER C: SFM MUTUAL INSURANCE CO 11347 INSURER D: WATKINS, MN 55389 INSURER E: NSURERF: DEAAIC,�HHOECCCURRENCE RENoTED nce 4500000 PREMISES CERTIFICATE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR UB WVO POLICY NUMBER POLICY EFF MWD POLICY E%P MMI LIMITS A GENERAL LIABILITY EPP0097368 9/17/2014 09/1712011 $1 000000 X COMMERCIAL GENERAL LIABILITY DEAAIC,�HHOECCCURRENCE RENoTED nce 4500000 PREMISES CLAIMS -MADE Fj�OCCUR MED EXP (Any one person) $10000 X CONTRACTUAL LIAB PER PERSONAL& ADV INJURY $1,000000 X POLICY FORM AND XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGO $2,000,000 POLICYX jEcT PHI X LOC $ A AUTOMOBILE LIABILITY EPP0097368 9/17/2014 09/17/201 CE5aMBBI,tlEtSINGLEUMIT $1,000,000 AUTO BODILY INJURY (Per person) $ IANY ALL OWNED SCHEDULED AUTOS AUTOS (Par ecdtlent) $ NON -OWNED HIREDAUTOS X PROPERTVDAGE $ AUTOS Per accident BUMBRELLA UAB OCCUR CH14EXC6497581V 9/17/2014 09/17/201 EACH OCCURRENCE $6000000 X EXCESS LIAB X CLAIMS -MADE AGGREGATE $8,000,000 DED I X I RETENTION $0 $ C WORKERS COMPENSATION 9/17/2014 09/17/201 X NO STATU- OTH- AND EMPLOYERS' LIABILITYER AND YINOFFICE ANY PROPRIETORIPARTNER/EXECUTIVE EXCLUDED? NIA E.L. EACH ACCIDENT $11000.000 (Mandatory In NHR (Mandatorybe E. L. DISEASE - EA EMPLOYEE $1,000,000 If and er DESCRescribe OFF DESCRIPTION OF OPERATIONS below _ E.L. DISEASE -POLICY LIMIT S1_,000,000 A STOP GAP LIAB EPPOO97368 9/17/2014 09/17/201 EA ACC: $1,000,000 APPLIES IN STATE DIS EA EMPL: $1,000,000 OF: NO DIS POL LIM: $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adson ACORD 101, Additional Remarks Schedule, if more space is required) XYLON AVE N & 45TH AVE N INFRASTRUCTURE IMPROVEMENTS, CITY OF NEW HOPE MN - CITY #944/STANTEC #193802810 The following supersedes the cancellation wording: Should any of the above described policies be cancelled or materially changed before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. (See Attached Descriptions) CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE All rinhts rcearund ACORD 25 (2010/05) 1 Of 2 The ACORD name and logo are registered marks of ACORD #S711156/M633217 VAK DESCRIPTIONS (Continued from Page 1) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTORY: CITY OF NEW HOPE STANTEC CONSULTING SERVICES INC WAIVER OF SUBROGATION ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS COMPENSATION APPLIES IN FAVOR OF: CITY OF NEW HOPE STANTEC CONSULTING SERVICES INC SAGITTA 25.3 (2010/05) 2 of 2 #S711156/M633217 Client#: 4511 GEISSONI ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 D5/05/2015VYY) 510 512 01 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NAMr"I MN -COMMERCIAL LINES lTp _ "C," o Era, 612 349-2400 1 1,c,No: 612 349 2490 COBB STRECKER DUNPHY & ZIMMERMANN MD E-MAIL MWpCYEFF MPwLI�CIYEXP ADDRESS: 150 S FIFTH ST STE 2800 GENERAL LIABILITY INSUREfgS)AFFORDING COVERAGE NAICk MINNEAPOLIS, MN 55402 CINCINNATI INSURANCE COMPANY INSURERA: INSURED MEDEXP(Anyoneperson) S HoUIRFrt a. CLAIMS -MADE OCCUR GEISLINGER It SONS INC PO BOX 437 WATKINS, MN 55389 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lTp TYPE OF INSURANCE NSRL MD POLICY NUMBER MWpCYEFF MPwLI�CIYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRE MISES EeEONTTUEreD $ MEDEXP(Anyoneperson) S CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGS $ S POLICY[11 jE0 El LOC AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT Ea acadent S BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS I PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA WCSTATU- OTH- T RV ER E.L. EACH ACCIDENT $ (Mandatory in NMI E.L. DISEASE - EA EMPLOYEE $ EL.DISEASE - POLICY LIMIT $ _ If yes, describe under DESCRIPTION OF OPERATIONS below INSTALLATION FLTR EPPOO97368911712014 LIMIT: SEE BELOW A 091171201 COMPLETED VALUE COVERAGE ENDS WHEN SPECIAL FORM DEDUCT: $1 000 PROJECT IS ACCEPTED DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) XYLON AVE N & 45TH AVE N INFRASTRUCTURE IMPROVEMENTS, CITY OF NEW HOPE MN - CITY #944/STANTEC #193802810 The following supersedes the cancellation wording: Should any of the above described policies be cancelled or materially changed before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. CERTIFICATE HOLDER CANCELLATION 'v"" d 1dA!2W%Mft—tMPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S711157/M633219 VAK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF NEW HOPE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 XYLON AVE N ACCORDANCE WITH THE POLICY PROVISIONS. NEW HOPE, MN 55428 AUTHORIZED REPRESENTATIVE 'v"" d 1dA!2W%Mft—tMPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S711157/M633219 VAK DOCUMENT 12 34 56 ADDENDUM 5 XYLON AVENUE NORTH AND 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA April 23, 2015 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636 -4600 -General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name A Date ADDENDUM 5 0 2015 Stantec 1 193802810 123456-1 i, CHANGES TO SPECIFICATION SECTION 00 04 10 - BID FORM Page 00 41 00.6, Bid item number 114, Remove the terms 'W HT". Page 00 41 00.6, Bid item number 116, Remove the terms "NO 1 Cont". CHANGES TO THE DRAWINGS DRAWING G1.10 Statement of Estimated Quantities Item No. 114, Remove the terms "6' HT". Statement of Estimated Quantities Item No. 116, Remove the terms "NO 1 Cont". DRAWING L2.10 Replaced this drawing with the attached revised drawing, revised the plant schedule (annual and perennial container sizes). ATTACHMENTS Drawing L2.10 ADDENDUM 5 0 2015 Stantec 1 193802810 123456-2 J DOCUMENT 00 91 13 ADDENDUM 4 XYLON AVENUE NORTH AND 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA April 22, 2015 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name Date ADDENDUM 4 0 2015 Stantec 1 193802810 00 91 13 - 1 CHANGES TO PRIOR ADDENDA 1 SECTION 12 92 00 - SITE FURNISHINGS. Page 00 91 13-3. Remove and Replace with the following: 3. Page 12 92 00-4, Paragraph 2.01.E.3. Delete this Item and replace with the following: 3. Catalog Number R-8712 (60" by 60") without custom logo, and R-8810 (36" by 60") without custom logo. (The custom "City of New Hope" logo is not required.) ADDENDUM © 2015 Stantec 1 193802810 0091 13-2 DOCUMENT 00 91 13 ADDENDUM 3 XYLON AVENUE NORTH AND 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA April 21, 2015 Number of Pages: 6 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 -General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name ADDENDUM 3 0 2015 Stantec 1193802810 0091 13-1 DRAWINGS 1. Remove the G1.01, G1.03, C4.01, C4.02, and replace with the attached Revised Plan Sheets. Changes include: G1.01 - Signatures were added to the Title Sheet. G1.03 -Note was added to show that all sanitary sewer pipe shall be SDR 26. • C4.01 & C4.02 - 12" gate valves were changed to 12" butterfly valves. LIST OF ATTACHMENTS 1. Revised Drawing G1.01 2. Revised Drawing G1.03 3. Revised Drawing C4.01 4. Revised Drawing C4.02 ADDENDUM 3 © 2015 Stantec 1 193802810 0091 13-2 DOCUMENT 00 91 13 ADDENDUM 2 XYLON AVENUE NORTH AND 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA April 17, 2015 Number of Pages: 12 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4808 -Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.whiteQstantec.com as soon as you receive it. Company Name I Date ADDENDUM 2 1 0 2015 Stantec 1 193802810 0091 13 - 1 SECTION 00 52 10- AGREEMENT FORM 1. Page 00 52 10-1, Paragraph 4.02. Dates for Substantial Completion and Final Payment. Remove and replace Item 4.02.B.1:a with the following: a. August 28, 2015 -Complete concrete curb, bituminous base and binder course paving, colored concrete crosswalks, bituminous wearing course. DRAWINGS Remove the G1.05, G1.06, C1.01, L1.01, L1.02, L1.03, L1.04, L7.01, L8.01, L8.04, and replace with the attached Revised Plan Sheets. Changes include: • G1.05 - Substantial Completion Date for Area A changed to August 28, 2015. The Construction Stages were reduced to two instead of four. • G1.06 - Additional "45th/Xylon" signs were added to Detour signs. • C1.01 - Change bituminous mix designation for Commerfcial Bituminous Driveway Section to (SPWEB240B). • L1.01 -L1.04- Detail sheet references were added colored concrete pedestrian crossings and raised planter curb. • L7.01 - Planter curb detail sheet reference added. Signature changed to Stuart M. Krahn. • L7.02 - Signature changed to Stuart M. Krohn. • L8.01 - Raised Planter Curb at Pavers and Concrete Crosswalk details were added. • L8.04 - Additional detail was added to Detail C and Detail D. LIST OF ATTACHMENTS 1. Revised Drawing G1.05 2. Revised Drawing G1.06 3. Revised Drawing C1.01 4. Revised Drawing L1.01 5. Revised Drawing L1.02 6. Revised Drawing L1.03 7. Revised Drawing L1.04 8. Revised Drawing L7.01 9. Revised Drawing L8.01 10. Revised Drawing L8.04 END OF DOCUMENT ADDENDUM 2 © 2015 Stantec 1 193802810 0091 13-2 DOCUMENT 00 91 13 ADDENDUM 1 XYLON AVENUE NORTH AND 45TH AVENUE NORTH INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 944 PROJECT NO. 193802810 NEW HOPE, MINNESOTA April 16, 2015 Number of Pages: 166 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 - General Office (651) 604-4808 - Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white@stantec.com as soon as you receive it. Company Name ©2015 Stantec 1 193802810 Date ADDENDUM 009113-1 DOCUMENT 00 41 10 - BID FORM 1. Delete this Document in its entirety and add the attached Document 00 41 10(R). DOCUMENT 00 73 05 - Transmittal Letter - To New Hope City Council 1. Add the attached Document. DOCUMENT 00 73 05 - EEO Special Provisions 1. Delete this Document in its entirety and add the attached Document DOCUMENT 00 73 05-Specioi Provisions Index Division S 1. Add the attached Document SECTION 01 57 13 - TEMPORARY EROSION AND SEDIMENT CONTROL 1. Page 01 57 13-1, Paragraph 1.02.A.2.c: Remove and replace with the following: c. Storm Outlet Protection: Measurement will be by each outlet protected using the suggested measure as shown in the Drawings, or an approved equal measure. 2. Page 01 57 13-5. Add the following after Paragraph 2.14: 2.15 FLOTATION SILT CURTAIN A. Conform to the requirements of MnDOT Spec. 3887-2, Light Duty Flotation Curtain. B. Curtain depth shall extend to the bottom of the water body. C. Equals may be used if approved by the Engineer. SECTION 02 41 13 - SELECTIVE SITE DEMOLITION 1. Delete this Section in its entirety and add the attached Section 02 41 13(R). SECTION 12 92 00 - SITE FURNISHINGS 1. Page 12 92 00-1, Paragraph 1.02.A.1. Delete this paragraph and replace with the following: Bid ttems have been provided for Retractable Road Bollards, Trash Receptacle, Benches, Tables, Bike Racks, and two sizes of Tree Grates & Frames. Measurement for these items shall be by Each, including furnishing and installing the site furnishings, detailed layout and measurements, concrete bases or thickened concrete slab, anchors, and all else needed to provide the site furnishings, complete, in accordance with the Drawings, manufacturer's printed instructions, and as specified herein. Payment for Tree Grates shall include furnishing and installing pea gravel from the top elevation of the tree ball to the bottom elevation of the tree grate. AUUCNUUM I © 2015 Stantec 1 193802810 0091 13-2 2. Page 12 92 00-4, Paragraph 2.01.E.2. Delete this Item and replace with the following: 2. Collection Name: Avenue. 3. Page 129200-4, Paragraph 2.01.E.3. Delete this Item and replace with the following: 3. Catalog Number R-8712 (60" by 60") with custom "City of New Hope" logo, and R-8810 (36" by 60") without custom logo. 4. Page 12 92 00-4, Paragraph 2.01. Add the following immediately after 2.01.1`.2: G. Retractable Road Bollards 1. Manufacturer: Ameristar Security Products (www.ameristarsecurity com) or approved equal. 2. Product: 4" diameter, 36" tall manually operated bollard, Part Number 963221 -US -35.5. Black finish. 3. Attachment: Install per manufacturer's printed details and recommendations and as shown on the Drawings. SECTION 31 23 00 - EXCAVATION AND PILL 1. Page 31 23 00-2, Paragraph 1.02.A.8. In the first sentence, change cubic feet to cubic yards. 2. Page 31 23 00-3, Paragraph 2.02.A.1. Change Loam Topsoil Borrow to Sandy Loam Topsoil Borrow. SECTION 32 93 00 - PLANTS 1. Page 32 93 00-1, Paragraph 1.02.A.4. Remove this item and replace with the following: 4. A Bid Item has been provided for Granite Rock. Measurement will be by cubic yard of granite rock placed, including removal of existing sod and topsoil, grading placement area, and installation of geotextile fabric in accordance with the Drawings. 2. Page 32 93 00-1, Paragraph 1.02. Add the following items immediately after 1.02.A.4 and renumber the current 1.02.A.5 to be 1.02.A.7: 5. A Bid Item has been provided for Mulch Material Type 6. Measurement will be by the cubic yard of mulch delivered and placed on the site in accordance with the Drawings and as specified herein. 6. A Bid Item has been provided for Special Surface (Informal Seating Area). Measurement will be by the square foot of material installed, including removal of existing sod and topsoil, grading placement area, and installation of granite rock and geotextile fabric in accordance with the Drawings. 3. Page 32 93 00-3, Paragraph 2.01.6. Remove Item 1, and replace with the following: Conform to MnDOT Spec. 3882 and Spec 3882.2F. ADDENDUM 1 © 2015 Stantec 1193802810 0091 13-3 4. Page 32 93 00-3, Paragraph 2.01.13. Add the following item immediately after 2.01.13.2: 3. Mulch shall be applied to a depth of 4" in all planting areas and around all trees not in tree grates, with additional depth as required to form a mulch basin around the tree. 5. Page 32 93 00-4, Paragraph 2.01. Add the following immediately after 2.01.F.2: G. Granite rock for use as surfacing in the Informal Seating Area shall be derived from the crushing and screening of naturally friable granite. The blending of coarse sand with rock dust is not an equal product. The granite rock shall have an ASTM D2149 sand equivalent minimum of 30. Gradation shall be as follows: Sieve Size Percent Passing 1/2" 100 3/8" 90-100 No.4 50-100 No. 30 25-55 No. 100 10-20 No. 200 5-18 F. Granite Rock located between the fire station parking lot and apparatus driveway shall be commercially available St. Cloud Granite Decorative Rock, 1.5" size. SECTION 33 05 17 - ADJUST MISCELLANEOUS STRUCTURES 1. Page 33 05 17-1, Paragraph 1.02.A.5 Replace paragraph 1.02.A.5 with the following: 5. Adjust Catch Basin Frame and Ring Casting: Adjustment of the catch basin frame and ring castings in this Contract are considered incidental to the installation of the catch basin. SECTION 33 10 00 -WATER UTILITIES 1. Page 33 10 00-4 Paragraph 2.03.E Replace paragraph 2.03.E with the following: a) One 5 inch STORZ steamer connection 1. All hydrants shall be furnished with STORZ connection. The hydrant pumper nozzle shall be of one-piece design, compatible with 5" STORZ hose coupling. The connection shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributer designated by the manufacturer. STORZ adapters will not be accepted. SECTION 33 12 12 - WATER SERVICES 1. Page 33 12 12-1, Paragraph 1.02.A. Add the following after 1.02.A.2 and renumber remaining item from 3 to 4. 2. Bid Items have been provided for Pipe Plug (Watermain). Measurement will be based on each Plug installed according to size and type. Payment at the Bid Unit Price includes furnishing and installing the Plug and any blocking required, and posts for marking and locating. ADDENDUM I 0 2015 Stontec 1 193802810 0091 13-4 SECTION 33 31 00 - SANITARY UTILITY SEWER PIPING 1. Page 33 31 00-4, Paragraph 3.03. Add the following immediately after 3.03.A.5: B. Connect to Existing Sanitary Sewer 1. Expose existing sanitary sewer main. 2. Saw cut existing main to provide a straight joint at connection and remove existing pipe. 3. Engineer must inspect the sewer pipe condition prior to connection. 4. Connect new pipe to existing pipe with a transition coupling approved by the Engineer. a) Place 1 inch of clean 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. SECTION 33 31 14 - SANITARY SEWER SERVICES Page 33 31 14-1, Paragraph 1.02.A. Add the following item immediately after 1.02.A.3 and renumber the current 1.02.A.4 to be 1.02.A.5 4. A Bid Item has been provided for 6" PVC Sanitary Sewer Riser (LF). Measurement will be based on linear foot, measured vertically from the centerline of the sewer to the top of the last riser section. Payment at the Unit Price will be considered payment in full for all work and costs associated with this Bid Item, including concrete reinforcement of the riser, wye, and main sewer. SECTION 33 40 00 - STORM DRAINAGE UTILITIES 1. Page 33 40 00 -1, Paragraph 1.02.A.4. Remove this item and replace with the following: 4. A Bid Item has been provided for Random Rip Rap Class III. Measurement will be based on units of cubic yards of Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 2. Page 33 40 00 -1, Paragraph 1.02.A.6. Remove this item in its entirety. SECTION 33 46 00 - SUBDRAINAGE 1. Page 33 46 00-1, Paragraph 1.02.A.2. Remove this item and replace with the following: 2. A Bid Item has been provided for Connect Draintile to Drainage Structure. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure, making the connection, and patching as specified. 0 2015 Stantec 1 193802810 J ADDENDUM 1 009113-5 SECTION 34 41 05 - TRAFFIC SIGNS AND DEVICES 1. Page 34 41 05-2, Paragraph 2.01.B. Remove this paragraph and replace with the following: B. Square Sign Posts 1. All sign posts shall be from Telespar or approved equal: a. Bottom Section: 2" Square, 12 gauge, non -perforated, bronze, with Omni -anchor or approved equal. b. Top Section: 1-3/4" Square, 14 gauge, non -perforated, bronze. 1) Bronze finishing to be approved by engineer. DRAWINGS 1. Remove the complete Plan Set and replace with the attached Revised Plan Set. Changes include: A. Storm Sewer alignments, sizing and number of drain the connections were revised B. Miscellaneous sheet formatting and additional notation text added to majority of plan sheets. C. Cross-sections revised to include R/W and minor adjustments to existing and finished grades as a result of MnDOT State Aid Review D. Statement of Estimated Quantities has been re -ordered by material number and additional bid items added per MnDOT State Aid Review E. Landscaping details and notations updated LIST OF ATTACHMENTS 1. Document 00 41 10(R) - Revised Bid Form. 2. Document 00 73 05 - Bid Attachment, Letter to New Hope City Council (1 page). 3. Document 00 73 05 - Equal Employment Opportunity (EEO) Special Provisions (22 pages). 4. Document 00 73 05 - Special Provisions - SP2014 Book (19 Pages). 5. Section 02 41 13(R) - Selective Site Demolition. 6. Complete Plan Set - 96 Drawing Sheets. END OF DOCUMENT ADDENDUM 1 © 2015 Stantec 1 193802810 0091 13-6 Stalntec BIDDER: DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. 1 XYLON AVENUE N. AND 45TH AVENUE N. INFRASTRUCTURE IMPROVEMENTS PROJECT NO. 193802810 CITY PROJECT NO. 944 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and 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 exnressly rent ired by the Riddinn nocuments to he emnloved by Ridderand snfety nrennutions and F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. i 0 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10- 1(R) REVISED BID FORM J G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.8 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price 00 41 10-2(R) LS 1 $ $ TREE 13 $ $ TREE 13 $ $ LF 180 $ $ LF 3252 $ $ LF 1172 $ $ REVISED BID FORM BASE BID 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 REMOVE RETAINING WALL 5 REMOVE WATER MAIN 6 REMOVE SEWER PIPE (SANITARY) 0 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10-2(R) LS 1 $ $ TREE 13 $ $ TREE 13 $ $ LF 180 $ $ LF 3252 $ $ LF 1172 $ $ REVISED BID FORM 0 No. Item Units Qtv Unit Price Total Price 7 REMOVE SANITARY SERVICE PIPE LF 150 $ $ 8 REMOVE SEWER PIPE (STORM) LF 1932 $ $ 9 REMOVE CONCRETE CURB AND GUTTER LF 5405 $ $ 10 REMOVE CONCRETE PAVEMENT SY 1150 $ $ 11 REMOVE BITUMINOUS PAVEMENT SY 11370 $ $ 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 506 $ $ 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 270 $ $ 14 REMOVE CONCRETE SIDEWALK SY 3000 $ $ 15 REMOVE HYDRANT EACH 6 $ $ 16 REMOVE VALVE EACH 10 $ $ 17 REMOVE MANHOLE (SANITARY) EACH 6 $ $ 18 REMOVE MANHOLE OR CATCH BASIN (STORM) EACH 22 $ $ 19 SAWING CONCRETE PAVEMENT (FULL DEPTH) LF 150 $ $ 20 SAWING BITUMINOUS PAVEMENT LF 250 $ $ 21 SALVAGE BENCH EACH 3 $ $ 22 SALVAGE TRASH RECEPTACLE EACH 1 $ $ 23 SALVAGE SIGN TYPE C EACH 18 $ $ 24 SALVAGE FIRE STATION OPTICON TRAFFIC CONTROLLER LS 1 $ $ . 25 SALVAGE SIGN TYPE SPECIAL EACH 2 $ $ 26 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 450 $ $ ' 27 COMMON EXCAVATION CY 11050 $ $ 28 SUBGRADE EXCAVATION CY 1500 $ $ 29 SELECT GRANULAR BORROW MOD (CV) CY 8979 $ $ 30 CONSTRUCT ACCESS ROAD LS 1 $ $ 31 GEOTEXTILE FABRIC TYPE V SY 11450 $ $ --+ 32 STREET SWEEPER (WITH PICKUP BROOM) HOUR 20 $ $ 33 AGGREGATE BASE CLASS 5 TON 10595 $ $ ©2015 Stontec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - 3(R( REVISED BID FORM No. Item Units City Unit Price Total Price 34 AGGREGATE SOILS CY 896 $ $ 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 480 $ $ 36 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 830 $ $ 37 TYPE SP 12.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 106 $ $ 38 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1940 $ $ 39 IMPROVED PIPE FOUNDATION LF 160 $ $ 40 30" RC PIPE APRON EACH 1 $ $ 41 4" PERF PVC PIPE DRAIN LF 6537 $ $ 42 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 57 $ $ 43 8" PVC PIPE SEWER (SANITARY) LF 69 $ $ 44 10" PVC PIPE SEWER (SANITARY) LF 1087 $ $ 45 12" RC PIPE SEWER DES 3006 CL V LF 101 $ $ 46 15" RC PIPE SEWER DES 3006 CL V LF 375 $ $ 47 18" RC PIPE SEWER DES 3006 CL V LF 334 $ $ 48 24" RC PIPE SEWER DES 3006 CL IV LF 294 $ $ 49 30" RC PIPE SEWER DES 3006 CL IV LF 81 $ $ 50 42" RC PIPE SEWER DES 3006 CL IV LF 641 $ $ 51 36 EQUIVALENT ARCH RC PIPE SEWER DES 3006 CL V LF 309 $ $ 52 SANITARY SEWER BYPASS LS 1 $ $ 53 10"X6" PVC WYE EACH 8 $ $ 54 CONNECT TO EXISTING SANITARY SEWER SERVICE EACH 8 $ $ 55 6" PIPE PLUG (SANITARY) EACH 4 $ $ 56 8" PIPE PLUG (SANITARY) EACH 1 $ $ 57 CONNECT TO EXISTING SANITARY SEWER EACH . 1 $ $ 58 CONNECT TO EXISTING MANHOLE (SANITARY) EACH 3 $ $ 59 CONNECT TO EXISTING STORM SEWER EACH 11 $ $ 60 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH 1 $ $ 02015Stanfec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10- 41R7 REVISED BID FORM J I I I No. Item Units Qtv Unit Price Total Price 61 6" PVC SANITARY SERVICE PIPE LF 298 $ $ 62 6' PVC SANITARY SERVICE RISER LF 30 $ $ 63 SANITARY SEWER INSPECTION LF 1525 $ $ 64 TEMPORARY WATER SERVICE LS 1 $ $ 65 IRRIGATION SYSTEM LS 1 $ $ 66 WATERMAIN OFFSET EACH 3 $ $ 67 CONNECT TO EXISTING WATER MAIN EACH 3 $ $ 68 CONNECT TO EXISTING WATER SERVICE EACH 9 $ $ 69 HYDRANT EACH 7 $ $ 70 12" BUTTERFLY VALVE & BOX EACH 5 $ $ 71 4' GATE VALVE & BOX EACH 1 $ $ 72 6' GATE VALVE & BOX EACH 17 $ $ 73 8" GATE VALVE & BOX EACH 5 $ $ 74 6' PIPE PLUG (WATERMAIN) EACH 1 $ $ 75 8" PIPE PLUG (WATERMAIN) EACH 3 $ $ 76 4' PVC WATERMAIN LF 135 $ $ 77 6' PVC WATERMAIN LF 447 $ $ 78 8" PVC WATERMAIN LF 186 $ $ 79 12" PVC WATERMAIN LF 2484 $ $ 80 HYDRANT BARREL ADJUST LF 5 $ $ 81 DUCTILE IRON FITTINGS LB 3146 $ $ 82 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 4 $ $ 83 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 10 $ $ 84 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4 EACH 10 $ $ 85 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 3 $ $ 86 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5WITH 3' SUMP EACH 1 $ $ 87 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 7 $ $ 02015Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - 5(R) REVISED BID FORM No. Item Units Qtv Unit Price Total Price 88 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 2 $ $ 89 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7WITH & SUMP EACH 1 $ $ 90 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 8' EACH 3 $ $ 91 RANDOM RIPRAP CL III CY 56 $ $ 92 5" CONCRETE WALK SF 37007 $ $ 93 5" CONCRETE WALK SPECIAL (COLORED CONCRETE BANDS) SF 2821 $ $ 94 7" CONCRETE SF 20054 $ $ 95 7" CONCRETE WALK SPECIAL 1 (COLORED CROSSWALK) SF 4892 $ $ 96 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 2530 $ $ 97 SPECIAL SURFACE (INFORMAL SEATING AREA) SF 550 $ $ 98 CONCRETE CURB & GUTTER DESIGN 8618 LF 5530 $ $ 99 CONCRETE CURB DESIGN V6 (LANDSCAPE 6" PLANTINGS LF 790 $ $ CURBING) 100 TRUNCATED DOME PANEL SF 610 $ $ 101 TRASH RECEPTACLE EACH 4 $ $ 102 BENCHES EACH 10 $ $ 103 TABLES EACH 3 $ $ 104 BIKE RACKS EACH 6 $ $ 105 PRECAST CONCRETE PAVERS SF 2530 $ $ 106 BLOCK RETAINING WALL SF 120 $ $ 107 REMOVE LOOP DETECTORS LS 1 $ $ 108 INSTALL 8' PRIVACY FENCE LS 1 $ $ 109 CHAIN LINK SAFETY FENCE LF 150 $ $ 110 TRAFFIC CONTROL LS 1 $ $ 111 DETOUR SIGNING LS 1 $ $ 112 SIGN PANELS TYPE C SF 130 $ $ 113 INSTALL SIGN SPECIAL EACH 2 $ $ 114 DECIDOUIS TREE 6' HT B&B TREE 114 $ $ 0 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - 6(R) REVISED BID FORM No. Item Units ON Unit Price Total Price 115 DECIDIOUS SHRUB NO 5 CONT SHRB 476 $ $ 116 PERENIAL NO I CONT PLT 634 $ $ 117 TREE GRATES & FRAMES (5' SQUARE) EACH 11 $ $ 118 TREE GRATES & FRAMES (3'X5') EACH 11 $ $ 119 SILT FENCE, TYPE MS LF 1000 $ $ 120 STORM DRAIN INLET PROTECTION EACH 48 $ $ 121 STORM OUTLET PROTECTION EA 2 $ $ 122 STABILIZED CONSTRUCTION EXIT LS 1 $ $ 123 PLANTING TOPSOIL BORROW CY 58 $ $ 124 BOULEVARD TOPSOIL BORROW CY 643 $ $ 125 SODDING TYPE LAWN SY 1480 $ $ 126 MULCH MATERIAL TYPE 6 CY 180 $ $ 127 WATER FOR DUST CONTROL MGAL 600 $ $ 128 GRANITE ROCK CY 50 $ $ 129 PAVT MSSG (LT ARROW) PAINT EACH 2 $ $ 130 PAVT MSSG (RT ARROW) PAINT EACH 2 $ $ 131 PAVT MSSG (RT-THRU ARROW) PAINT EACH 1 $ $ 132 PAVT MSSG (LT-THRU ARROW) PAINT EACH 1 $ $ 133 4" SOLID LINE WHITE PAINT LF 280 $ $ 134 24" STOP LINE WHITE PAINT LF 70 $ $ ' 135 4' DOUBLE SOLID LINE YELLOW PAINT LF 2350 $ $ 136 CROSSWALK MARKING PAINT SF 378 $ $ TOTAL BASE BID $ ALTERNATE #1: RETRACTABLE ROAD BOLLARDS 137 7" CONCRETE WALK SPECIAL I SF 150 $ $ 138 RETRACTABLE ROAD BOLLARD EACH 10 $ $ TOTAL ALTERNATE #1 $ 02015 Stantec 1193802810 JREVISED BY ADDENDUM NO.1 00 41 10- 7(RI REVISED BID FORM No. Item Units City Unit Price Total Price ALTERNATE #2: XYLON AVENUE N. (45TH TO 46TH) 139 MOBILIZATION 140 CLEARING 141 GRUBBING 142 REMOVE WATER MAIN 143 REMOVE SEWER PIPE (SANITARY) 144 REMOVE SEWER PIPE (STORM) 145 REMOVE CONCRETE CURB 146. REMOVE BITUMINOUS PAVEMENT 147 REMOVE BITUMINOUS PAVEMENT 148 REMOVE CONCRETE WALK 149 REMOVE HYDRANT 150 REMOVE VALVE 151 REMOVE MANHOLE OR CATCH BASIN 152 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 153 SALVAGE SIGN TYPE C 154 SALVAGE SIGN SPECIAL 155 COMMON EXCAVATION 156 SUBGRADE EXCAVATION 157 SELECT GRANULAR BORROW MOD (CV) 158 GEOTEXTILE FABRIC TYPE V 159 STREET SWEEPER (WITH PICKUP BROOM) 160 AGGREGATE BASE CLASS 5 161 BITUMINOUS MATERIAL FOR TACK COAT 162 TYPE SP 12.5 WEARING COURSE MIX (4,C) 163 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) 164 IMPROVED PIPE FOUNDATION ® 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 LS 1 $ $ TREE 3 $ $ TREE 3 $ $ LF 662 $ $ LF 40 $ $ LF 40 $ $ LF 984 $ $ SY 1631 $ $ SY 1631 $ $ SY 239 $ $ EACH 1 $ $ EACH 2 $ $ EACH 8 $ $ LF 85 $ $ EACH 5 $ $ EACH 1 $ $ CY 1650 $ $ CY 1518 $ $ CY 815 $ $ SY 1631 $ $ HOUR 10 $ $ TON 1294 $ $ GAL 85 $ $ TON 155 $ $ TON 206 $ $ LF 100 $ $ 00 41 10 - SIR) REVISED BID FORM I No. Item Units Qtv Unit Price Total Pdce 165 4" PERF PVC PIPE DRAIN LF 1236 $ $ 166 CONNECT INTO DRAINAGE STRUCTURE (STORM) EACH 6 $ $ 167 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 14 $ $ 168 8" PVC PIPE SEWER LF 70 $ $ 169 10" PVC PIPE SEWER LF 20 $ $ 170 12" RC PIPE SEWER DES 3006 CL V LF 66 $ $ 171 15" RC PIPE SEWER DES 3006 CL V LF 115 $ $ 172 24" RC PIPE SEWER DES 3006 CL V LF 63 $ $ 173 30" RC PIPE SEWER DES 3006 CL IV LF 297 $ $ 174 42" RC PIPE SEWER DES 3006 CL IV LF 208 $ $ 175 SANITARY SEWER BYPASS LS 1 $ $ 176 8" PIPE PLUG EACH 1 $ $ 177 CONNECT TO EXISTING SANITARY SEWER EACH 2 $ $ 178 CONNECT TO EXISTING STORM SEWER EACH 2 $ $ 179 WATERMAIN OFFSET EACH 1 $ $ 180 CONNECTTO EXISTING WATER MAIN EACH 3 $ $ 181 HYDRANT EACH 2 $ $ 182 6" GATE VALVE & BOX EACH 1 $ $ 183 8" GATE VALVE & BOX EACH 6 $ $ 184 6" PVC WATERMAIN LF 23 $ $ ' 185 8" PVC WATERMAIN LF 648 $ $ 186 DUCTILE IRON FITTINGS LB 402 $ $ 187 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 1 $ $ 188 i CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3 EACH 4 $ $ 189 I CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 3 $ $ J 190 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 4 $ $ 191 i CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 1 $ $ 1 ©2015Sfcntec 1 193802810 REVISED BY ADDENDUM NO. 1 0041 10-9(R) REVISED BID FORM No. Item Units oty Unit Price Total Price 192 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 1 $ $ 193 5" CONCRETE WALK SF 837 $ $ 194 CONCRETE CURB & GUTTER DESIGN 8618 LF 984 $ $ 195 TRUNCATED DOME PANEL SF 16 $ $ 196 TRAFFIC CONTROL LS 1 $ $ 197 DETOUR SIGNING LS 1 $ $ 198 SIGN PANELS TYPE C SF 100 $ $ 199 INSTALL SIGN TYPE C EACH 10 $ $ 200 INSTALL SIGN TYPE SPECIAL EACH 10 $ $ 201 STORM DRAIN INLET PROTECTION EACH 18 $ $ 202 STABILIZED CONSTRUCTION EXIT LS 1 $ $ 203 BOULEVARD TOPSOIL BORROW CY 61 $ $ 204 SODDING TYPE LAWN SY 543 $ $ 205 WATER FOR DUST CONTROL MGAL 200 $ $ 206 CROSSWALK MARKING PAINT SF 150 $ $ TOTAL ALTERNATE #2 $ BID SUMMARY: TOTAL BASE BID $ TOTAL ALTERNATE NO. 1 $ TOTAL ALTERNATE NO. 2 $ 02015Stantec 1193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - 10(R) REVISED BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes § 16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (name of the person, partnership or corporation submitting this proposal) (business address) (City, State and Zip Code) (Bidder or authorized representative) Date 02015Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - I I (R) REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on , 2015. Corporation Name: State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: Name (typed or printed): Title: Attest (Signature) (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: 02015Sfantec ( 193802810 REVISED BY ADDENDUM NO. 1 0041 10 - 12(R) REVISED BID FORM B I An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: A Partnership Partnership Name: By: Fax No.: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: 0 2015 Shante< 1 193802810 REVISED BY ADDENDUM NO. 1 Pox No.: 00 41 10-13(R) (SEAL) REVISED BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: (Signature of joint venture partner) Fax No.: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'S): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT © 2015 Stontec 1 193802810 REVISED BY ADDENDUM NO. 1 0041 10-14(R) REVISED BID FORM BID ATTACHMENT To the New Hope City Council: According to the advertisement of the City of New Hope inviting proposals for the improvements of the section of highway herein before named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the City of New Hope. (1) (We) hereby certify that (1) (we) (am) (are) the only person (s) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever; that an examination has been made of the site of the work and the Contract form, together with the Plans, Specifications and Special Provisions for the improvement. (I) (We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be performed at the unit prices shown on the attached schedule; and that, at the time of opening bids, totals only Will be read, but that comparison of bids Will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (1) (We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all in accordance with the terms of the Contract and the Plans, Specifications, and Special Provisions forming a part thereof. (1) (We) further propose to do all Extra Work which may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (1) (We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (1) (We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bond(s) equal to twice the full amount of the Contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions, as provided in Mn/DOT 1305. (1) (We) further propose to perform all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work which may be rejected due to defective materials or workmanship, before completion and acceptance of the project by the City of New Hope. (I) (We) agree to all the provisions of Minnesota Statutes 1969, Section 181.59. (1) (We) further propose to begin work and to prosecute and complete the same in accordance with the time schedule set forth in the Special Provisions for the improvement. (1) (We) assign to the City of New Hope all claims for overcharges as to goods and materials purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. l This Page Left Blank Intentionally Minnesota Department of Transportation Office of Civil Rights EEO special Provisions Revised 05110 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (Mn/DOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The Mn/DOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). Mn/DOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. Mn/DOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action ...................... !....................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements.............................................................................................4 Appropriate Work Place Behavior...............................................................................................................5 Notice to All Prime and Subcontractors: Reporting Requirements.............................................................6 Specific Federal Equal Employment Opportunity Responsibilities............................................................7 Standard Federal and State Equal Employment Construction Contract Specifications ..............................9 EqualOpportunity Clause.........................................................................................................................15 Minority and Women Employment Goals Chart .......................................................................................16 Sample Summary of Employment Activity, Form EEO-12......................................................................18 Sample Monthly Employment Compliance Report, Form EEO-13..........................................................20 EEO Compliance Review Report .............................................................................................................22 On -The -Job Training Program: Trainee Assignment...............................................................................23 Certification of On -the -Job Training Hours: Federal -Aid Projects...........................................................24 On -the -Job Training (OJT) Program Approval Form...............................................................................25 On -the -Job Training (OJT) Program Trainee Termination Form..............................................................26 Required Contract Provisions: Federal -Aid Construction Contracts........................................................27 Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A ...................................38 EEO Page 1 EEO special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140,23 CFR 230 and Minnesota Statute 363A.36) 1. The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7-8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-37). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state -assisted projects. Compliance with the goals will be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05/10 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS 'In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO -8 Fonn" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30'h of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB'S efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB'S total workforce and labor projections for the project (represented in hours), the ALB'S projected total number of minority hours for the project, and the ALB'S projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids ;were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 EEO Special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS 1. It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying Mules are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying toles is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 2. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E. 5th Street, Suite 700, St. Paul, Minnesota 55101. (651) 296-5663, TTY 296-1283, Toll Free 1-800-657- 3704. 6. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Revisions Office of Civil Rights Revised 05/10 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (Mn/DOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mn/DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: .L Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job-related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on Mn/DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073. EEO Page 5 EEO Special provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS 1. In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO -13 is required for each payroll period within the month of July. The prime contractor submits the EEO -13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a -p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request. Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR -1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Goverment in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection 1 of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection l for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate and make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractor's equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). 'Be contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. EEO Page 7 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. 3 Special Provisions Minnesota Department of Transportation ,iced 05110 Office of EEO Contract Management SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (con=t) b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all his avenues of appeal. 7. Training and Promotion. a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e. apprenticeship, and on-the- job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special Provision is provided under this contract, this subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 8. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from EEO Page 8 State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by a "Training Special Provision", the contractor will be required to furnish Form FHWA 1409. -� Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/10 1 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statutes 363A.36) Unless noted, the following apply to both Federalffederally assisted projects and State/state assisted projects, Item 3 applies to Federal/federally assisted projects only 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 9 EEO special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05110 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 EEO special Provisions Minnesota Department of Transportation Revisedo5/10 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(1) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO Special Pmvisions Office of Civil Rights Revised 05110 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (n) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(0) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 EEO Special Provisions Minnesota Departinent of Transportation Revised OS/10 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation Special Previsions Office of Civil Rights Revised 05110 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall 'include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part Il, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 EEO Special Provisions Minnesota Department of Transportation Revised 05/to Office of Civil Rights Minority and Women Employment Goals EEO Page 16 Federal Goals State Goals County Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 11% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 11% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 1 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 11% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 1 6.9% 6% 6% Faribault 2.2% 1 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 11% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isami 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochichin 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake of the Woods 2 0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05/10 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray0.8% 6.9% / 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 2.2% 6.9% 3% 6% Pi estone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Poe 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 11% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 11% 6% Sherburne 0.5% 6.9% 3% 6% Sibley 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Steams 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 11% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 60/ Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 EEO -12 Rev. 05/10 Minnesota Department of Transportation Office of Civil Rights Contractor Employment Data 1. Contractor Name and Address: Phone: 2. Employment Data a) Name: Last Name, First Name, MI b) Social Security # c) New Hire (Y or N) d) Ethnicity e) Gender (M or F) f) Trade/Foreman, Supervisors, Managers g) Level (A..I. or T) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. IL 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05/10 INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT construction project for the calendar year. (Prime and Subs) 1. Contractor Name and Address self-explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (Al), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 2f. Trade/Foreman, Supervisors. Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact Mn/DOT's Office of Civil Rights at (651) 366-3321. If yon have submitted this format anytime during this calendar year, von do not need to submit another one. HO Special Provisions Minnesota Department of Transportation Office of Ovil Right - EEO -13 Rev. 05110 Minnesota Department of Transportation Office of Civil Rights Monthly Employment Compliance Report EEO -13 1. SP ❑ SAP ❑ 3. Contractor Name: 4. Prime ❑ Subcontractor ❑ (Check one) Federal Tax ID: SP# (check one) County or City Street Address: 5. Dollar Amount of Contract: 2. Reporting Period City, State Zip to 6. Percent of Completion: 7. Employment Data a) Name: Last, First Middle Initial b c) ) Social Security # New Hire Y or d) e) Gender Ethnicity Mar F) Super Trade/Foreman, 9) h) Hours Supervisors, Managers Level Worked (A, J or T) This Period 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 8. Contract Goals MINNESOTA GOALS %OBTAINED Minority % Women % 9. Prepared by: (Signature) 10. Reviewed by: (Signature) Print Name: Print Name: Title: Title: Date: Date: Phone: Fax: Phone: Fax: EEO Page 20 EEO -13 Rev. 05/10 INSTRUCTIONS FOR EEO -13 MONTHLY EMPLOYMENT COMPLIANCE REPORT L-5. Self-explanatory — State Project #, county project is located in, are you a prime or sub, and contract value. 6. Percent of Completion is the estimated percentage of work completed including this reporting period. 7. Emuloyment Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self-explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 7d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f Trade/Foreman, Supervisors. Managers list the trade that applies unless the employee fits one of the other three categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the specified reporting period. 8. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment Goals. Projects in excess of $10,000 with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 15-16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 9. Prepared by Contractor Designee is the signature of the prime or subcontractor's EEO officer/designee. 10. Reviewed by Project Engineer is the signature of the Mn/DOT staff monitoring the project. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact Mn/DOT's Office of Civil Rights at (651) 366-3321. EEO Page 21 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO -8 OFFICE OF CIVIL RIGHTS Revised 511 EEO COMPLIANCE REVIEW REPORT Total Company Workforce in the State of Minnesota (For 12 Month Period Preceding July 3U' of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On -the -Job Trainees M F M F M F M F M F M F M F Officials (Mangers) Supervisors Foremen/Women Clerical (field) Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Total On -the -Job Trainees EEO Page 22 SPECIAL PROVISIONS - SP2014 BOOK Page i October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 INDEX--SP2014BOOK S-5 (1103) DEFINITIONS ..............................................................................................................................2 9 SP2014-10.1........................................................................................................................................................... 2 S-6 (1717) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT ............ 2 , SP2014-40............................................................................................................................................................. 2 S-7 (1801) SUBLETTING OF CONTRACT...................................................................................................4 10 SP2014-43............................................................................................................................................................. 4 S-8 (1802) TRAINING FOR CONSTRUCTION TRUCK OPERATORS........................................................ 5 SP2014-45............................................................................................................................................................. 5 S-9 (1803) PROSECUTION OF WORK......................................................................................................... 5 SP2014-46............................................................................................................................................................. 5 S-10 (2101) CLEARING AND GRUBBING..................................................................................................... 8 SP2014-60............................................................................................................................................................. 8 S-11 (2104) REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES ......................................... 8 SP2014-64............................................................................................................................................................. 8 S-12 (2105) GEOTEXTILE FOR SEPARATION (STABILIZATION)............................................................. 8 SP2014-84............................................................................................................................................................. 8 S-13 (2112) SUBGRADE PREPARATION...................................................................................................... 9 SP2014-87.2........................................................................................................................................................... 9 S-14 (2211) AGGREGATE BASE.................................................................................................................... 9 SP2014-92............................................................................................................................................................. 9 S-15 (2472) METAL REINFORCEMENT...................................................................................................... 10 SP2014-134.......................................................................................................................................................... 10 S-16 (2502) SUBSURFACE DRAINS............................................................................................................ 10 SP2014-142.1....................................................................................................................................................... 10 S-17 (2503) CONNECT TO EXISTING STORM SEWER.............................................................................. 11 SP2014-146........................................................................................................................:................................. 11 S-18 (2506) CONNECT INTO EXISTING DRAINAGE STRUCTURE.......................................................... 11 SP2014-161.......................................................................................................................................................... 11 S-19 (2531) TRUNCATED DOMES.............................................................................................................. 11 SP2014-167.......................................................................................................................................................... I 1 SPECIAL PROVISIONS - SP2014 BOOK Page ii October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 S-20 (3137) COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE .......................................... 12 SP2014-228.......................................................................................................................................................... 12 S-21 (3138) AGGREGATE FOR SURFACE AND BASE COURSES............................................................ 13 SP2014-228.1....................................................................................................................................................... 13 S-22 (3149) GRANULAR MATERIAL.......................................................................................................... 13 SP2014-228.2....................................................................................................................................................... 13 S-23 (3151) BITUMINOUS MATERIAL....................................................................................................... 14 SP2014-228.3....................................................................................................................................................... 14 S-24 (3733)GEOTEXTILES..........................................................................................................................15 SP2014-231.1.........................................................................................................................................I............. 15 S-25 (3882) MULCH MATERIAL................................................................................................................. 16 SP2014-231.2....................................................................................................................................................... 16 SPECIAL PROVISIONS - SP2014 BOOK Page I October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 DIVISION S S-1 CONTACT INFORMATION REVISED 01/23/15 SP2014-1 Questions regarding this Project, including any questions prior to Bidding, shall be directed to Chris Long, Stantec at (651) 604-4808 or by email at chris.lone(dstantee.com.. S-2 RESPONSIBLE CONTRACTOR REVISED 01/28/15 SP2014-1.2 The Department cannot award a construction contract in excess of $50,000 unless the Bidder is a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. A Bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in that statute by submitting the Responsible Contractor Verification and Certification of Compliance form. A company owner or officer must sign the Responsible Contractor Verification and Certification of Compliance form under oath verifying compliance with each of the minimum criteria. Bidders must obtain verifications of compliance from all subcontractors. A Bidder must submit signed copies of verifications and certifications of compliance from subcontractors upon the Department's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the criteria, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. A Bidder must also identify each subcontractor it intends to use on the Project. A Bidder must complete Attachment A-1 and submit it with the Responsible Contractor Verification and Certification of Compliance form, identifying each subcontractor it intends to use as of the time of bid submission. Documents must be submitted by email to: biddocsubmittal.dot(a)state mn.us. Include the State Project number specific to the bid in the email subject line. THE COMPLETED FORMS MUST BE SUMITTED TO MnDOT NO LATER THAN THE TIME AND DATE BIDS ARE DUE. If the Bidder retains additional subcontractors after submitting its Responsible Contractor Verification and Certification of Compliance form, then the Bidder must submit Attachment A-2 within 14 days of retaining the additional subcontractor. Documents must be submitted by email to: biddocsubmittal.dot(&,state.mn.us. Include the State Project number specific to the bid in the email subject line. S-3 EMERALD ASH BORER COMPLIANCE REVISED 03/16/15 SP2014-4 All or part of this Project is located in a county which the Minnesota Department of Agriculture (MDA) has placed under an Emerald Ash Borer Quarantine. Contractor may contact MDA at 1-888-545-6684 or visit the Emerald Ash Borer website at http://www.mda.state.mn.us/plants/pestmanagement/eab.aspx to find more information. The Contractor must comply with the following requirements. S-3.1 The Contractor will not: (1) Offer any part of an Ash tree (Fraxinus spp.) from a quarantined area to any industry or individual without an Emerald Ash Borer Compliance Agreement with MDA; or SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions'. 03/31/15 Page 2 S.A.P. 182-104-004 (3) Make available any part of an ash tree or any non -coniferous (hardwood) species with bark from the quarantined area for use as firewood; or (4) Transport any part of an ash trees, in any form, outside of a quarantined county without complying with an Emerald Ash Borer Compliance Agreement with MDA; or (4) Transport any part of ash trees, in any form, outside the state of MN without contacting John.o.haanstad@aphis.usda.gov to obtain the United States Department of Agriculture's and the MDA's joint approval of the Emerald Ash Borer Compliance Agreement. S-3.2 The Contractor will (1) Dispose of ash trees according to the Emerald Ash Borer Compliance Agreement; and (2) Use the ash wood chips within the construction limits for erosion control, construction exit pads, or other project related needs; and S-3.3 The Department will not directly compensate the Contractor for compliance with these requirements. S-4 USE OF ADHESIVE ANCHORS REVISED 02/12/15 SP2014-6 Do not use adhesive anchors in sustained tension. Contractor may use adhesive anchors, in a non - direct tensile application, such as metal rail attachment S-5 (1103) DEFINITIONS REVISED 03/16/15 SP2014-10.1 The provisions of MnDOT 1103 are supplemented as follows: S-5.1 The following definition is added to MnDOT 1103 M Gallon. 1000 Gallons (MGal). S-5.2 Replace the definitions for "Payment Bond" and "Performance Bond" with the following: PAYMENT BOND. A bond provided in accordance with Minnesota law and containing the terms specified in Minnesota Statutes §574.26 subdivision 2 (2). PERFORMANCE BOND. A bond provided in accordance with Minnesota law and containing the terms specified in Minnesota Statutes §574.26 subdivision 2 (1). S-6 (1717) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT SP2014-40 Pollution of natural resources of air, land and water by operations under this Contract shall be prevented, controlled, and abated in accordance with the rules, regulations, and standards adopted and established by the Minnesota Pollution Control Agency (M.P.C.A.), and in accordance with the provisions of MnDOT 1717, these Special Provisions, and the following: S-6.1 By signing the NPDES Declaration and completing the electronic online NPDES CSW permit, the Contractor is a co-pernitee with the Department to ensure compliance with the terms and conditions of the Construction General Storm Water Permit (MN R100001) and is responsible for those portions of the permit where SPECIAL PROVISIONS - SP2014 BOOR Page 3 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 the operator is referenced. This Permit establishes conditions for discharging storm water to waters of the State from construction activities that disturb 0.4 hectares [1 acre] or more of total land area. A copy of the permit is available at http://www.pca.state.nm.us/water/stormwater/stortnwater-c.html or by calling 651-296-3890. (A) The Contractor shall apply and pay for the NPDES Permit on this Project. Payment for the application shall be incidental to the Contract. The Department will provide the Contractor with the information needed for Sections 1 thru 3 and 5 thin 14 of the application form, as part of the Contract document package. The Contractor shall complete the application process, and post the Permit and MPCA's letter of coverage onsite. A copy of the MPCA confirmation and a signed Permit Declaration form must be returned with the Contract and Bond. Submittal of the copy of the Confirmation and Permit Declaration is mandatory for Contract approval. No work which disturbs soil and/or work in waters of the state will be allowed on this Project until the NPDES Permit is in effect and the Department has received the required documentation. S-6.2 The Contractor shall be solely responsible for complying with the requirements listed in Part ILB and Part IV of the General Permit. The Contractor shall be responsible for providing all inspections, documentation, record keeping, maintenance, remedial actions, and repairs required by the permit. All inspections, maintenance, and records required in the General Permit Paragraphs IV.E, shall be the sole responsibility of the Contractor. The word "Permitee" in these referenced paragraphs shall mean "Contractor". Standard forms for logging all required inspection and maintenance activities shall be used by the Contractor. All inspection and maintenance forms used on this Project shall be turned over to the Engineer every two weeks for retention in accordance with the permit. The Contractor shall have all logs, documentation, inspection reports on site for the Engineer's review and shall post the permit and MPCA's letter of coverage on site. The Contractor shall immediately rectify any shortcomings noted by the Engineer. All meetings with the MPCA, Watershed District, WMO, or any local authority shall be attended by both the Engineer and the Contractor or their representatives. No work required by said entities, and for which the Contractor would request additional compensation from MnDOT, shall be started without approval from the Engineer. No work required by said entities and for which the changes will impact the design or requirements of the Contract documents or impact traffic shall be started without approval from the Engineer. The Contractor shall immediately notify the Engineer of any site visits by Local Permitting Authorities performed in accordance with Part V.H. S-6.3 Emergency Best Management Practices must be enacted to help minimize turbidity of surface waters and relieve runoff from extreme weather events. It is required to notify the MPCA Regional Contact Person within 2 days of an uncontrolled storm water release. The names and phone numbers of the MPCA Regional Contract personnel can be found at: http://www.pca.state.mn.us/water/stormwater/stormwater-e.html. The Contractor is reminded that during emergency situations involving uncontrolled storm water releases that the State Duty Officer must be contacted immediately at 1-800-422-0798 or 1-651-649-5451. S-6.4 The Contractor shall review and abide by the instructions contained in the permit package. The Contractor shall hold MnDOT harmless for any fines or sanctions caused by the Contractor's actions or inactions regarding compliance with the permit or erosion control provisions of the Contract Documents. S-6.5 The Contractor is advised that Section 1 of the NPDES application form makes reference to a Storm Water Pollution Prevention Plan (SWPPP). This Projects' SWPPP is addressed throughout MnDOT's Standard Specifications for Construction, as well as this Project's Plan and these Special Provisions. The following table identifies NPDES permit requirements and cross-references where this Contract addresses each requirement. SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 Page 4 S.A.P. 182-104-004 NPDES Permit Requirements Cross -Reference within this Contract Obtain NPDES Permit; MnDOT 1701,1702; and 1717 Permit Compliance; Special Provisions: Submit Notice of Termination 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) Certified Personnel in Erosion / Sediment Control Site MnDOT 1506, 1717, and 2573; Management Special Provisions: Develop a Chain of Command 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) Project / Weekly Schedule (for Erosion / Sediment Control) MnDOT 1717 and 2573; Completing Inspection / Maintenance Log / Records Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit); and Project Specific Construction Staging The Plans; MnDOT 1717; Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit); and 1806 Determination and Extension of Contract Time) Temporary Erosion / Sediment Control The Plans; MnDOT 2573 2574 and 2575 Maintenance of Devices / Sediment removal The Plans; Removal or Tracked Sediment MnDOT 1717 and 2573; Removal of Devices Special Provisions: 1514 (Maintenance During Construction), and ' 1717 (National Pollutant Discharge Elimination System (NPDES) Permit Dewatering MnDOT 2105.3C and 2451.3C; May also require DNR Permit Temporary work not shown in the Plans MnDOT 1717, 2573, and 2575; Grading areas (unfinished acres exposed to erosion) Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) Permanent Erosion / Sediment Control and Turf The Plans; Establishment MnDOT 1717, 2573,2574, and 2575; Special Provisions: 1717 (National Pollutant Discharge Elimination System (NPDES) Permit) S-7 (1801) SUBLETTING OF CONTRACT REVISED 11/24/14 SP2014-43 The provisions of MnDOT 1801 are modified as follows: S-7.1 For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § I6C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Department. The Contractor must provide such verifications to the Department upon the Department's request. S-7.2 The third paragraph of MnDOT 1801 is modified to read: On Contracts with Disadvantaged Business Enterprise (DBE), Targeted Group Business (TGB) or Veteran -Owned Small Business (VET) established goals, or any combination thereof, the Contractor's organization shall perform Work amounting to not less than 30 percent of the total original Contract Amount. The Department will deduct specialty items from the total original Contract Amount before calculating the amount of Work that the Contractor shall perform. SPECIAL PROVISIONS - SP2014 BOOK Page 5 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 S-8 (1802) TRAINING FOR CONSTRUCTION TRUCK OPERATORS SP2014-45 Operators of construction trucks hauling construction materials such as borrow, aggregate base, asphalt mixtures and concrete paving mixtures are encouraged to become certified as a Level I Construction Truck Operators (CTO). This one -day session taught in various MnDOT Districts will feature classroom and hands-on educational experiences. The objective of the CTO Training is to make the driver aware of the Federal and State requirements and regulations regarding the construction truck and driver, and the safe driving techniques that will result in the safe operation of the construction truck. Presenters include Minnesota State Patrol, Minnesota Department of Transportation and the Minnesota Safety Center. The Minnesota State Patrol, the Minnesota Highway Safety Center, the Minnesota Trucking Association, the Minnesota Asphalt Pavement Association and the Minnesota Department of Transportation co- sponsored this training. Additional information about this certification program can be obtained by contacting any of the following: S-9 (1803) PROSECUTION OF WORK REVISED 11/24114 SP2014-46 The provisions of MnDOT 1803 are supplemented and/or modified with the following: S-9.1 SPECIAL PROJECT ADA REQUIREMENTS All pedestrian facilities and shared use paths on this Project must be constructed according to Public Rights -of -Way Accessibility Guidelines (PROWAG) which can be found at: http://www.dot.state.nm.us/ ada/pdf/PROWAG.pdf. The appropriate pedestrian ramp details for each quadrant are included in the Plan. The Engineer may provide additional details to those provided in the Plan that meet the PROWAG guidelines as the need arises and field conditions dictate. PHONE # FAX # Minnesota Asphalt Pavement Association: 651-636-4666 651-636-4790 E-mail: infoAmnana.orn Minnesota Department of Transportation: Toll Free: 1-888-472-3389 651-405-6082 E-mail: motorcarrierna,state.mn.us 651-405-6060 Website: http://www.dot.state.nm.us/evo/index.html Minnesota Highway Safety Center: Toll Free: 1-888-234-1294 320-255-3942 E-mail: tisakry(dstcloudstate.edu 320-255-4732 Website: http://mnsafetycenter.org Minnesota State Patrol: Toll Free: 1-888-472-3389 651-405-6082 Website: 651-405-6171 http://www.dps.state.mn.us/patrol/comveh/index.htin Minnesota Trucking Association: 651-646-7351 651-641-8995 E-mail: iohn(amntruck.ore Website: http://www.mntruck.org S-9 (1803) PROSECUTION OF WORK REVISED 11/24114 SP2014-46 The provisions of MnDOT 1803 are supplemented and/or modified with the following: S-9.1 SPECIAL PROJECT ADA REQUIREMENTS All pedestrian facilities and shared use paths on this Project must be constructed according to Public Rights -of -Way Accessibility Guidelines (PROWAG) which can be found at: http://www.dot.state.nm.us/ ada/pdf/PROWAG.pdf. The appropriate pedestrian ramp details for each quadrant are included in the Plan. The Engineer may provide additional details to those provided in the Plan that meet the PROWAG guidelines as the need arises and field conditions dictate. SPECIAL PROVISIONS - SP2014 BOOK Page 6 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 (A) The Contractor must designate a responsible person competent in all aspects PROWAG to assess proposed sidewalk layouts at each site before work begins. Any time work the Contractor is performing concerns pedestrian facilities, the Contractor's responsible person shall be on site. (13) Pedestrian facilities must be constructed to meet the following criteria: (1) Pedestrian Access Routes (PAR) must be constructed to meet the following: • Minimum 4 feet width. • A maximum cross slope of 2.0%. • Vertical discontinuities must be less than 0.25 inches. • Must provide positive drainage without allowing any ponding and maintain existing drainage flow patterns unless indicated otherwise in the Plan. • All grade breaks shall be constructed perpendicular to the path of travel. (2) Landings are part of the PAR and must be constructed to meet the following: • 4 feet by 4 feet minimum width. • Maximum slope of 2.0% in all directions. • Required at all locations where the PAR changes directions or inverse grades. • Must be connected to the PAR. (3) Ramps are part of the PAR and must be constructed to meet either of the following criteria: • Longitudinal slopes less than 5% in the direction of travel requires no landing at the top of the ramp (unless the PAR changes direction). Longitudinal slopes between 5 - 8.3% in the direction of travel require a landing at the top of the ramp. If the Contractor constructs any pedestrian or shared -use trail facilities that are not per Plan, do not meet the above requirements, or do not follow the agreed upon resolution, the Contractor will be responsible for correcting the deficient facilities with no compensation paid for the corrective work. To ensure that the pedestrian facilities are constructed in compliance with PROWAG, the Contractor shall follow the following three steps: (1) The Contractor shall use the appropriate ramp details in the Plan and identify the removal limits for the sidewalk and curb and gutter. If Contractor determines the removal limits are not adequate to meet PROWAG, the Contractor shall stop work immediately and consult the Engineer to determine the best solution. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may finish the removals. (2) Prior to pouring each curb and gutter segment, the Contractor must verify the zero height curb and curb transitions will be located as shown in the Plans and will provide an adequate detectable edge as shown on Standard Plan Sheet No. 5-297.250 (sheet 4 of 5). The Contractor shall also verify the proposed curb flow lines will provide positive drainage as well as maintain existing drainage patterns including existing gutter inflows/outflows. The curb and gutter shall be constructed as detailed in the Plan with a defined flow line and no vertical discontinuities. The Contractor shall consult with the Engineer to determine a resolution if any of these conditions cannot be met. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with pouring the curb and gutter. (3) After the curb has been correctly poured, the Contractor has set the sidewalk forms, and prior to placing the concrete curb ramps/sidewalks, the Contractor shall verify the requirements in Section S-14.113 will be achieved. SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 Page 7 S.A.P. 182-104-004 In addition, the longitudinal slopes shown in the Construction Plans and the Standard Plans shall be utilized unless these conditions cannot be met. The starting point for setting the forms on the controlling ramp leg should be the following: Steep (S) = 7% Flat (F) = 4% Landing= 1.5% Sidewalk Cross Slope = 1.5% Fan ramp = 5% If any of these requirements cannot be met the Contractor shall meet with the Engineer to determine the best solution. Once the Engineer and the Contractor reach agreement on how to proceed, the Contractor may proceed with the curb ramp/sidewalk pour. Landings — An initial landing is the first required landing of a pedestrian ramp. All initial landings required at the top of a ramped sloped surface (>2% longitudinal slope), shall be formed and placed separately in an independent concrete pour. This does not include initial landings placed at roadway grade such as depressed corners, parallel ramps, or rural flat landings. Secondary landings consist of all landings beyond the initial landing. These secondary landings do not require a separate landing pour. All landings adjacent to push buttons shall be formed and placed separately in an independent concrete pour, regardless of ramp type. Wet casting or drill and grouting of dowel bars will be required in accordance with the details shown in Standard Plan 5-297.250 Sheet 5 of 5. These bars may be either smooth or deformed and shall be installed with 2 inch minimum concrete cover. When not accounted for in the Plan, payment for these bars will be made under Item 2301.602 (Drill & Grout Reinforcement Bar (Epoxy Coated)) by the Each at the Predetermined Price of $10.00 per bar fumished and installed. All necessary subgrade preparation and aggregate base placement for the entire ramp construction limit shall be done before the initial landing is constructed at each location. (C) It shall be the responsibility of the Contractor, or Contractor's Surveyor if applicable, to layout all proposed work at each intersection in accordance with the Plan and requirements listed in this Special Provision. The Contractor may confer with the Engineer for guidance in laying out the proposed work, but it will be the Contractor's responsibility to ensure the proposed work meets all the requirements of this Special Provision. This layout includes, but is not limited to placement of grade breaks, curb transitions, gutter flow lines, truncated dome placement, crosswalk marking placement, flares, landing limits, and ramp limits. It is important that the Contractor layout this work properly to achieve the construction of a compliant pedestrian facility. The owner's surveyor will only stake points and elevations provided in the Plan. For custom designs, other than specific dimensions provided in the Plan, the Contractor shall be expected to scale dimensions from the Plan as needed to construct the facility. If scaled dimensions do not allow for a facility to be constructed to meet the requirements of this Special Provision, the Contractor shall follow the process listed in Section S-14.113. This layout work shall be incidental. (D) The Contractor shall utilize measures and methods when working near existing buildings that will avoid damaging the building's face or structure. The contractor will be responsible for any damage to the building's face or structure, both below and above ground. Any damage resulting from Contractor operations will be repaired at the Contractor's expense to the satisfaction of the Engineer. (E) This section applies when no sidewalk joint information is provided in the plan. The Contractor will round all sidewalk joints with a % inch radius edging tool, contraction joints shall extend to at least 30 percent of walk thickness and shall be '/n inch maximum width. The Contractor shall have the option of providing saw cuts to construct all sidewalk joints and the gutter joints within the PAR. When greater than 50 feet of continuous sidewalk runs are constructed the contractor shall saw cut all joints. The top grade break of walkable flares need a visual joint to indicate a change in grade. This visual joint shall have % inch radius, '/a inch maximum width and Y4 inch depth. All saw cut work associated with PAR construction shall be incidental. SPECIAL PROVISIONS - SP2014 BOOK Page 8 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 (F) In areas where the sidewalk is to be constructed around fixed structures and the grade has been changed, the sidewalk shall be finished around these structures to the satisfaction of the Engineer at no additional cost. S-10 (2101) CLEARING AND GRUBBING SP2014-60 Clearing and grubbing operations shall be performed in accordance with the provisions of MnDOT 2101 and the following: S-10.1 The trees indicated in the Plan to be removed will be affected by construction of this Project and cannot be saved. The Contractor shall remove only those trees necessary to be removed to construct this Project. All other trees shall be protected from damage during construction. S-10.2 The Contractor shall take special care to preserve existing trees and shrubs wherever possible. This may include careful grading operations, slight adjustments of slopes, and placing snow fence at tree drip lines. Snow fence has been provided in the Contract to help preserve trees and shrubs. Snow fence placement is shown in especially sensitive locations. S-11 (2104) REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES REVISED 07,118/14 SP2014-64 Abandoned structures and other obstructions shall be removed from the Right of Way and disposed of in accordance with the provisions of MnDOT 2104, except as modified below: S-11.1 Measurement and payment for the removal and disposal of materials will be made only for those Items of removal work specifically included for payment as such in the Proposal and as listed in the Plans. The removal of any unforeseen obstruction requiring in the opinion of the Engineer equipment or handling substantially different from that employed in excavation operations, will be paid for as Extra Work as provided in MnDOT 1402.5. S-11.2 All removals shall be disposed of by the Contractor outside the Right of Way in accordance with MnDOT 2104.3D3 to the satisfaction of the Engineer. S-11.3 Sawing of sidewalks needed for removal shall be incidental S-12 (2105) GEOTEXTILE FOR SEPARATION (STABILIZATION) SP2'014-84 This work shall consist of placing geotextile below the fill material (may be underwater) at the location(s) shown in the Plan, or as directed by the Engineer. The work shall be accomplished according to MnDOT 2105, these Special Provisions, or as directed by the Engineer. The purpose of the geotextile layer is to provide separation between the fill and underlying softer soils, to prevent mixing, to provide stability during compaction, to provide some reinforcement and to minimize differential movement. The Contractor's proposed construction sequence for geotextile and fill placement shall be submitted to the Engineer for review at least 21 days prior to beginning of this element of construction. S-12.1 MATERIAL REQUIREMENTS Geotextile shall conform to the requirements of MnDOT 3733, Type V. S-12.2 CONSTRUCTION REQUIREMENTS The prepared surface shall be relatively smooth and free of stones, sticks, or other debris or irregularities that would tend to puncture or tear the geotextile. Unless otherwise directed or approved by the Engineer, the geotextile shall be placed with the highest strength direction (usually the "machine" or roll direction) SPECIAL PROVISIONS - SP2014 BOOK Page 9 October 8, 2013 Last Revision'by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 oriented in the direction of the greatest expected field stress. (This wi]l usually be at right angles to the centerline of the construction.) If multiple pieces of geotextile are required, adjacent strips shall be field or factory sewn, with the seams to have a strength as specified in MnDOT 3733.2B. All seams shall be sewn using a "double spool' machine capable of sewing a Federal Type 401 locking stitch. Seam type (flat, "J", or butterfly), thread strength (25 pound [ 110 Newtons] minimum), number of rows of stitching (1 or 2) and stitches per inch [25 mm] (typically 5-7), shall be consistent with achieving the required seam strength and as recommended by the geotextile manufacturer. The geotextile shall be adequately secured so that it is not displaced during subsequent construction. No traffic or construction equipment will be permitted to operate directly on the geotextile. Any damaged geotextile shall be repaired to the satisfaction of the Engineer by patching and sewing or, when appropriate, a 36 inch [900 mm] overlap on all sides without sewing. Fill shall be placed onto the fabric in uniform lifts as required by the applicable specification and approved by the Engineer, but in no case shall lifts in excess of 12-18 inches [300 - 450 mm] be used, unless required to bring the fill above water level or provide stability. Fill material shall be as shown in the Plan or as directed by the Engineer. For placement underwater and for 2 feet [600 mm] above water level, granular materials shall be used unless otherwise provided in the Plans or approved by the Engineer. S-12.3 MEASUREMENT AND PAYMENT Measurement will be made of the number of square yards [square meters] of satisfactorily installed geotextile approved by the Engineer. No allowance will be made for seams. Payment will be made under Item 2105.604 (Geotextile Fabric Type V) at the Contract bid price per square yard, which shall be compensation in full for all work including, but not limited to, geotextile, seaming, placement, anchoring, and any needed repairs. S-13 (2112) SUBGRADE PREPARATION REVISED 09/15/14 SP2014-87.2 MnDOT 2112 is hereby modified as follows: S-13.1 Replace MnDOT 2112.3C with the following: C Compaction Test for compaction compliance per 2105. Use the Specified Density Method for materials not meeting 3149.2111 and use the Penetration index method for materials meeting 3149.2B 1. S-14 (2211) AGGREGATE BASE REVISED 01/03/14 SP2014-92 Aggregate base courses shall be constructed in accordance with the provisions of MnDOT 2211 except as modified below: S-14.1 Compaction shall be achieved by the "Specified Density Compaction Method" described in MnDOT 2211.3D2. S-14.2 Replace Table 2211-1 with the following. Table 2211-1 Moisture Required for Base Compaction Classification Moisture Content (% by dry weight) SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S-15 SP2014-134 S-15.1 table: Class 3 and 4 > 7% (< 2.5% bitumen content) Class 5, 5Q and 6 >_ 5% (< 2.5% bitumen content) Classes 3, 4, 5, 5Q and 6 3% < moisture content < 7% > 2.5% bitumen content (2472) METAL REINFORCEMENT The provisions of MnDOT 2472 are modified with the following: Page 10 S.A.P. 182-104-00 Table 2472-2 is hereby deleted from MaDOT 2472.4A and replaced with the following sentence and Reinforcement bars may be marked in either U.S. Customary or metric sizes. The conversion shall be made per the following table: S-16 (2502) SUBSURFACE DRAINS Rf:.VISED 12/6/13 SP2014-142.1 MnDOT 2502 is hereby modified as follows: S-16.1 MnDOT 2502AD is changed to read: The CS oversleeves with rodent guards shall be incidental. S-16.2 In MnDOT 2502.5 Basis of Payment, the last paragraph is changed to read as follows: The Department will pay for subsurface drains based on the following schedule: Table 2472-2 Reinforcement Bars Theoretical Weights Nominal Dimensions U.S. Metric Customary Bat. Diameter, in [mm] Weight, lb/ft [kg/ml Bar Size* Size 3 10 0.375 F9.51 0.376 0.560 4 13 0.500 [12.71 0.668 rO.9941 5 16 0.625 15.91 1.043 [1.552 6 19 1 0.750 r19.11 1.502 2.235 7 22 1 0.875 22.2] 2.044 [3.042 8 25 1.000 [25.4] 2.670 3.973 9 29 1.128 28.7 3.400 5.060 10 32 1.270 3 .31 4.303 6.404 11 36 1.410 r35.81 5.313 7.907 14 43 1.693 r43.01 7.650 rl1.380 18 57 2.257 [57.3] 13.600 [20.240] * Bar designation numbers approximate the nominal diameter of the bar in millimeters S-16 (2502) SUBSURFACE DRAINS Rf:.VISED 12/6/13 SP2014-142.1 MnDOT 2502 is hereby modified as follows: S-16.1 MnDOT 2502AD is changed to read: The CS oversleeves with rodent guards shall be incidental. S-16.2 In MnDOT 2502.5 Basis of Payment, the last paragraph is changed to read as follows: The Department will pay for subsurface drains based on the following schedule: SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 Page 11 S.A.P. 182-104-004 Item No.: Item: Unit: 2502.501 in [mm] Precast Concrete Headwall each 2502.502 Drainage System Type - lump sum 2502.521 _i n [mm] * Pipe Drain linear foot [meter] 2502.541 in [nun] Perforated * Pipe Drain linear foot [meter] 2502.571 Install _in [mm] f linear foot [meter] I 2502.573 Install _in [mm] f each * Specify kind in accordance with 2502.2.A, "Drain and Discha Specify strength class if other than the minimum requirement. f Specify item name. S-17 (2503) CONNECT TO EXISTING STORM SEWER SP2014-146 This work consists of constructing connections into existing storm sewers in accordance with the applicable MnDOT Standard Specifications and the following: Measurement will be made by the number of connections constructed as specified. Payment will be under Item 2503.602 (Connect to Existing Storm Sewer) at the Contract bid price per each, which shall be compensation in full for all costs incidental thereto, including but not limited to, all materials and labor necessary to connect the proposed drainage structure to the existing storm sewer pipe. Any damage caused to the existing storm sewer pipe shall be repaired at no expense to the Department and to the satisfaction of the Engineer. S-18 (2506) CONNECT INTO EXISTING DRAINAGE STRUCTURE SP2014-161 This work consist of constructing connections into existing drainage structures in accordance with the applicable MnDOT Standard Specifications and the following: Measurement will be made by the number of connections constructed as specified. Payment will be made under Item 2506.602 (Connect Into Existing Drainage Structure) at the Contract bid price per each, which shall be compensation in full for all costs incidental thereto, including but not limited to, all materials and labor necessary to install proposed concrete pipe into an existing drainage structure. Any damage caused to the existing drainage structure shall be repaired at the Contractor's expense to the satisfaction of the Engineer. S-19 (2531) TRUNCATED DOMES REVISED 03/12/14 SP2014-167 This work consists of furnishing and installing Truncated Dome Systems (detectable warning surfaces) at pedestrian curb ramps in compliance with the Public Rights -of -Way Accessibility Guidelines (PRO WAG). This work shall be performed in accordance with the applicable MnDOT Standard Specifications, these Special Provisions, the details in the Plan, and the following: S-19.1 CONSTRUCTION REQUIREMENTS The Contractor shall select a truncated dome product from the approved products list at http://www.dot.state.mn.us/products/miscmaterials/tnmcateddomes.html. The truncated domes shall be placed in concrete and shall be pressed firmly into the concrete to the point that concrete fills the vent holes on the truncated dome plates. No cutting of truncated domes will be allowed unless approved by the Engineer. Any swelling of the concrete that occurs around the truncated domes must be screeded off and the surrounding concrete shall be finished flush with the truncated dome plate edge. To ensure that the truncated domes are well seated in concrete, the Contractor should provide a 3 inch minimum border around the edges of the truncated domes. SPECIAL PROVISIONS - SP2014 BOOK Page 12 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 The Contractor will be allowed to interchange 9 foot 5 inch and 10 foot radial truncated domes when either is called for in the Plan. If the Contractor does make a substitution, the Contractor will be required to modify the curb line radius to match the truncated domes and meet the detectable edge requirements shown on Standard Plan Sheet No. 5-297.250 (Sheet 4 of 5). The Contractor will be allowed to adjust plan locations of zero inch height curb up to 6 inches laterally to make field fit adjustments for radial truncated domes placement. S-19.2 METHOD OF MEASUREMENT Square or rectangular truncated dome area will be measured by the square foot. Radial Truncated domes will be measured along the long cord and multiplied by 2 feet to compute S.F. S-19.3 BASIS OF PAYMENT Payment will be made under Item 2531.618 (Truncated Domes) at the Contract bid price per square foot, which shall be compensation in full for furnishing and installation of truncated domes. If additional radial domes are required and not called for in the plans they will be paid for at 4 square feet per each additional plate. S-20 (3137) COARSE AGGREGATE FOR PORTLAND CEMENT CONCRETE REVISED 01/23/15 SP2014-228 MnDOT 3137 is hereby modified as follows: S-20.1 MnDOT 3137 shall be modified to include Table 31374REV immediately following Table 3137-4: S-20.2 MnDOT 3137.2132(h) shall be modified to include the following: (h) Absorption for Class B aggregate for all 1.10 concrete bridge decks and bridge rails Table 31374REV Coarse Aggregate Designation for Concrete, percent by weight passing square opening sieves Coarse Aggregate Designation 4 6 7 8 Sieve Sizes ASTM #467 ASTM #67* ASTM #7* ASTM #89 2 in [50 mail 100 1% in [37.5 mm] 95-100 - - - 1 in [25.0 mml - 100 - '/. in [19.0 mm] 35-70 90-100 100 - Y: in [12.5 mm] - - 90-100 100 % in [9.5 aim] 10-30 20-55 40-70 90-100 No.4[4.75nun] 0-5 0-10 0-15 20-55 No.8 [2.36 mm] - - - 5-30 No.16 [1.18 mm] 0-10 No.50 1300 µm] 0 - 5 *ASTM #67 and ASTM #7 Gradations are MnDOT Modified. S-20.2 MnDOT 3137.2132(h) shall be modified to include the following: (h) Absorption for Class B aggregate for all 1.10 concrete bridge decks and bridge rails SPECIAL PROVISIONS - SP2014 BOOK Page 13 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 S-21 (3138) AGGREGATE FOR SURFACE AND BASE COURSES REVISED 03/31/15 SP2014-228.1 MnDOT 3138 is hereby modified as follows: S-21.1 Replace Table 3138-2 with the following. Table 3138-2 Quality Requirements for Recycle Materials Requirement Classes 1 3 4 5 and 6 Maximum Bitumen Content of Composite 3.5% Maximum Masonry block % 10% Maximum percentage of glass * 10% Maximum sizeof lass * /< in 19 mra Crushing (Class 5, SQ and 6) 10% for Class 5 t, 60% for Class 5Q t and 15% for Class 6 t Maximum amount of Brick 1.0% # Maximum amount of other objectionable materials 0.3% # including but not limited to: wood, plant matter, plastic, plaster and fabric * Glass must meet certification requirements on the Grading and Base website. Combine glass with other aggregates during the crushing operation. t If material > 20% RAP and/or Concrete, Class 5 crushing requirements is met. t If material > 60% RAP and/or Concrete, Class 5Q crushing requirement is met. t If material > 30% RAP and/or Concrete, Class 6 crushing requirement is met. 11 Material crushed from quarries is considered crushed material. # The Contractor/Supplier may not knowingly allow brick and other objectionable material and must employ a QC process to screen it out, before it becomes incorporated into the final product. S-21.2 Replace MnDOT 3138.2.1)(1) with the following. (1) 100% of the material passes the Y4" [19.0 mm] sieve, regardless of the class specified; this modifies the requirements of Tables 3138-3, 3138-4 and 3138-5 for surfacing aggregates. S-22 (3149) GRANULAR MATERIAL REVISED 07/01/14 SP2014-228.2 MnDOT 3149 is hereby modified as follows: S-22.1 Replace MnDOT 3149.2B with the following. B Granular and Select Granular Materials Provide granular materials meeting the requirements of Table 3149-1. SPECIAL PROVISIONS - SP2014 BOOK October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 Page 14 S.A.P. 182-104-004 Table 3149-1 Granular Material Requirements % Passing Ratio % Passing Ratio No. 200/1 in No. 40/No. 10 75 25 mm] [425 µm/2.0 mm % Passing Ratio No. 200/No. 10 [75 m/2.0 mml 1 Granular Material 0-20% Not Applicable Not Applicable 2 Select Granular Material 0-12% Not Applicable Not A licable 3 Select Granular Material (Super Sand) Not App0-65% 0 —10% 4 Select Granular Material Modified 10% 0-190% Not A licable Not Applicable S-22.2 Replace MnDOT 3149.2K with the following. K Sand Cover Provide virgin natural glacial gravel material meeting the requirements of Table 3149 — 13. Table 3149 —13 Sand Cover Gradation Requirements Sieve Size Percent Passing #4 (4.75 mm) 100 #10 (2.00 mm) 95-100 #40 (425 ) 0-50 #200 (75 ) 0-8 S-23 (3151) BITUMINOUS MATERIAL REtiISED 03/3145 SP2014-228.3 MnDOT 3151 is hereby modified as follows: S-23.1 Add the following to MnDOT 3151.2.D: D.2 Cationic Fast Set Emulsified Asphalt for Fog Seal (CFS -1h) Provide cationic emulsified asphalt using the testing methods referenced in AASHTO M208 to meet the following properties: (1) Residue Asphalt content minimum 29%. (2) Penetration 40 to 90 dmm. (3) Sieve maximum 0.1 %. S-23.2 Replace MnDOT 3151.2.11 with the following: H Micro Surfacing Emulsified Asphalt Provide CQS-lh bituminous material meeting the requirements of AASHTO M 208 and the following modifications. H.1 Polymer Modified with Hard Base Asphalt, CQS-1hP Provide a CQS-lh meeting the requirements of AASHTO M 208 with the following modifications: Ensure the emulsion is polymer modified with a minimum of 3 percent natural latex polymers or a Department approved manmade latex polymer or SBS (styrene -butadiene -styrene) polymer and meets the requirements of Table 3151-3, column H.1. H.2 Polymer Modified with Soft Base Asphalt, CQS-1P SPECIAL PROVISIONS - SP2014 BOOK Page 15 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 Provide a bituminous material meeting the requirements of 315111.1 except meeting the requirements of Table 3151-3, column 11.2. Table 3151-3 Micro Surfacing Emulsified Asphalt Requirements Type I for wrapping subsurface drain pipe, joints of concrete pipe culvert, or other Test Method 3151.3.11.1 Requirement 3151.3.11.2 Requirement Quality on emulsion: Type II, use Type III property requirements; Residue after distillation* AASHTO T 59 >_ 62% > 62% Quality on residue: Type IV for use under Class III and Class IV random riprap and hand -placed riprap on Softening point AASHTO T 53F> 135°F [57°C] >_ 128°F [53°C] Penetration, at 77°F [25°C] 100 g 5 s AASHTO T 49 140 — 90 dram 90 — 200 dram Solubility on base asphalt AASHTO T 44 1 99% 99% * AASHTO T 59, except the temperature for the distillation procedure shall be held at 350°F f9°F [177°C f5°C] for 20 min. Complete the entire distillation procedure within 60 min from the first application of heat. S-23.3 Add the following to MnDOT 3151.2: I Mixing Grade Engineered Emulsion for Stabilization / Reclamation Provide a cationic emulsion according to the job mix design for cold in-place recycling, central plant cold mix, stabilized base, or stabilized full depth reclamation; using the testing methods referenced in AASHTO M208 to meet the following properties for the types listed: I.1 Soft Base Engineered Emulsion (1) Residue asphalt content minimum 64%, (2) Penetration range of 200-350 drain I.2 Hard Base Engineered Emulsion (1) Residue asphalt content minimum 64%, (2) Penetration range of 100-200 dram S-24 (3733) GEOTEXTILES REVISED 11/6/13 SP2014-231.1 MnDOT 3733 is modified as follows: S-24.1 Delete MnDOT 3733.1, "Scope," and substitute the following: 3733.1 SCOPE Provide geotextiles (permeable fabrics) for the typical uses classified as follows: (1) Type I for wrapping subsurface drain pipe, joints of concrete pipe culvert, or other drainage applications; (2) Type II. The Department no longer uses this classification. If the contract specifies Type II, use Type III property requirements; (3) Type III for use under Class I and Class II random riprap, gabions, and revet mattresses; (4) Type IV for use under Class III and Class IV random riprap and hand -placed riprap on slopes no steeper than 3:1, horizontal to vertical; (5) Type V for separating materials for stabilization; (6) Type VI for earth reinforcement; SPECIAL PROVISIONS - SP2014 BOOB Page 16 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 (7) Type VII for use under Class III and Class IV random riprap on slopes steeper than 3:1, horizontal to vertical, and under Class V random riprap. S-24.2 Table 3733-1 is hereby changed to read as follows: B Physical Properties Table 3733-1 Geotextile Properties Test Method (ASTM) Type (a) I Knit sock Geotextile Property Units Fabric (b) III IV V VI VII (c) Bl Grab Tensile D4632 100 100 200 200 (d) 300 Strength minimum, each lb [kN] [0.45] _ [0.45] [0.90] [0.90] [1.3] principal direction B2 Elongation minimum, D4632 — 50 50 (d) 50 each principal direction percent 133 Seam Breaking D4632 90 90 180 180 (d) 270 Strengthminimum (e) Ib [kN] [0.40] 0.401 [0.80] [0.80 1.2 B4 Apparent Opening Size (AOS) maximum (f)U.S. D4751 Std. sieve 40 [0.425] 40 [0.425] as applied 50 [0.30] 50 [0.30] 30 [0.60] 20 [0.85] 50 [0.30] size [mm] B5 Permittivity 91 h fallling ing head 0.7 2.75 relaxed 0.5 0.5 0.05 0.05 0.5 minimum (g) sec' B6 Puncture strength D6241 — 180 [800] — — — — — nummum lb FNI B7 Wide Width Strip Tensile Strength D4595 _ — _ _ — (d) minimum each principal Ib/ft [kN/m] direction (a) Minirnum Average Roll Values (MARV) based on average of at least three tests per swatch. (b) Provide socks made of knit polymeric materials and meeting the requirements of ASTM D6707-06, for Type H: fabric. Ensure the sock exhibits minimum snag or run potential, is factory -applied to maintain uniform installed mass, and conforms to the outside diameter of the tubing with a snug fit. (c) Needle -punched nonwoven. Do not use thermally bonded (heat -set) fabric. (d) Requirements are site-specific and will be as specified in the contract. The property values for Bl and B3 may not be less than shown for Type V. If the contract does not specify either Bl or 137, use a default value of 300 lb [ 1.3 kN] for Bl . If the contract does not specify seam strength, use a default value of 2701b [ 1.2 kN] for 133. (e) Adhere to this requirement if the contract requires or allows seams. Strength specifications apply to factory and field seams. Use thread for sewing that has strength of at least 25 Ib [I ION]. Sew seams with a Federal Type 401 stitch using a two -spool sewing machine, and install seams facing upward. For seaming with adhesives, see the Approved/Qualified Products List available at the Department's website. (f) For U.S. sieve sizes, the AOS Number must be equal to or greater than the number specified. (g) Permittivity: P = K/L, where K = fabric permeability and L = fabric thickness. S-25 (3882) MULCH MATERIAL REVISED 06/03/14 SP2014-231.2 The provisions of Mn/DOT 3882 are supplemented and/or modified with the following: S-25.1 Add the following paragraph at the end of Mn/DOT 3882.3 Sampling and Testing SPECIAL PROVISIONS - SP2014 BOOK Page 17 October 8, 2013 Last Revision by CO Special Provisions: 03/31/15 S.A.P. 182-104-004 Submission of a Letter of Compliance is required for each source/supplier per 1,000 cubic yards of Type 6 Mulch to be used on the project. This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade -and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 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. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. Payment will only be made for one saw cut at each location, just prior to wear course pavement. b. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. c. Remove Bituminous Driveway Pavement: Per square yard without regard to thickness, including saw cut. d. Remove Loop Detectors: Payment shall be lump sum. Payment shall include removal and disconnection of loop detectors from street and service cabinet. e. Remove Concrete Sidewalk: Per square yard without regard to thickness. f. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. g. Remove Concrete Driveway Pavement: Per square yard without regard to thickness, including saw cut. h. Sawing Concrete Pavement (Full Depth): Per lineal foot along the saw cut line as staked. i. Remove Concrete Pavement: Per square yard without regard to thickness. j. Remove Hydrant: Per each. Includes adjacent valve and box. k. Remove Valve: Per each, including valve and box. I. Remove Catch Basin or Manhole: Per each. m. Remove Wall: Per lineal foot, measured along the base. of the wall. n. Remove Pipe: Per lineal foot of the type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. o. Salvage and Reinstall Fence: Per lineal foot of chain link fence salvaged and reinstalled. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13 - 1 p. Salvage Sign Type C: Per each. Payment shall be made on each sign removed, regardless of size; including sign panel, post, and anchor system. Removed signs shall be salvaged and delivered to City of New Hope Public Works. q. Salvage Sign Type Special: Per each. Payment shall be made on each Street Name sign assembly salvaged regardless of size. r. Salvage Bench: Per Each. Payment shall be made on each bench removed, regardless of size. Removed benches shall be salvaged and delivered to City of New Hope Public Works. s. Salvage Trash Receptacle: Per Each. Payment shall be made on each waste receptacle removed, regardless of size. Removed trash receptacles shall be salvaged and delivered to City of New Hope Public Works. t. Salvage Fire Station Opticon Traffic Controller. Payment will be made by Lump Sum and will include disconnecting the sensor and delivering to the City of New Hope Fire Station, removal of pedestal, concrete base, and all related appurtenances. Coordination with Hennepin County will be required. u. Bulkheading and abandoning of existing pipe 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," 2014 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. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13-2 C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop 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. 02015Stantec 1 193802810 SELECTIVE SITE DEMOLITION 0241 13-3 F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, 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. Prior to removal in areas with signal loop detectors, the Contractor will disconnect each loop detector splice in the appropriate hand hole. This will prevent damage that may be caused id loop wire is damaged and/or pulled out of the box. 3.06 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). 3.07 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3. Prior to milling in areas with signal loop detectors, the Contractor will disconnect each loop detector splice in the appropriate hand hole. This will prevent damage that may be caused id loop wire is damaged and/or pulled out of the box. B. Concrete 1. Mill surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3.08 REMOVE CONCRETE SURFACING A. Work includes sidewalks, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. SELECTIVE SITE DEMOLITION 0 2015 Stantec 1 193802810 0241 13-4 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. 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 casting and cone section of structures a minimum of 3 feet below final grade. B. Knock holes in lower section of manhole and fill cavity with granular material. 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 REMOVE RETAINING WALL A. Avoid damage to sections of wall to remain. B. Dispose of materials off Site at a predetermined location. C. Remove wall in its entirety, including footings and tiebacks. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13-5 3.13 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT Section 2104.3.B. B. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. C. Fences 1. Salvage and store fence and post material where they are not in conflict with the Work. 2. After completion of Work, reinstall fence to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end of the working day while the permanent fence is removed. D. Culverts and Flared End Sections 1. Where possible, salvage existing pipe in areas to be disturbed by the construction. 2. Reinstall in original condition and location as shown on the Drawings. 3. If requested by the Owner, deliver salvaged material to Owner's Maintenance Facility. 3.14 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. 3.15 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELLC IWt SI It UtMVLI IIUN © 2015 Stantec 1 193802810 0241 13-6 J 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. Christopher W. Long, P.E. Date: April 3, 2015 License # 47106 9) 2015 Stantec 1 193802810 LANDSCAPE ARCHITECT 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 Landscape Architect under the laws of the State of Minnesota. -4" + A Stuart M. Krohn Date: April 3, 2015 END OF SECTION License # 40002 PROFESSIONAL CERTIFICATIONS 0001 05- 1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2002 Edition) 00 73 05 Supplementary Conditions Special Provisions Notice to All Bidders - Bid Rigging Notice to Bidders - Suspensions/Debarments State Funded Construction Contracts - Special Provisions Division A- Labor Notice to Bidders - Prompt Payment to Subcontractors Prevailing Wages for State Funded Construction Projects Notice of Certification of Truck Rental Rates Equal Opportunity (EEO) Special Provisions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 0300 Alternates 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 014000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 5713 Temporary Erosion and Sediment Control 01 7000 Execution Requirements FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition Divisions 03 tol l - Not Used TABLE OF CONTENTS © 2015 Stantec 1 193802810 0001 10 - 1 Division 12 - Furnishings 12 92 00 Site Furnishings Divisions 13 to 19 - Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill 31 2313 Subgrode Preparation 31 32 19 Geosynthetic Soil Stabilization and Layer Separation Division 32 - Exterior Improvements 3211 23 Aggregate Base Courses 32 12 02 Flexible Paving (State Aid Projects) 32 13 14 Concrete Walks, Medians, and Driveways 32 1413 Precast Concrete Unit Paving 3216 13 Concrete Curbs and Gutters 32 1723 Pavement Markings 3231 27 Woven Wire Fences and Gates 32 32 23 Segmental Retaining Wall 32 80 00 Irrigation Systems 32 92 00 Turf and Grasses 32 93 00 Plants Division 33 - Utilities 33 05 05 Trenching and Backfilling 3305 17 Adjust Miscellaneous Structures 33 08 30 Commissioning of Sanitary Sewer Utilities 33 1000 Water Utilities 33 12 12 Water Services 3331 00 Sanitary Utility Sewer Piping 3331 14 Sanitary Sewer Services 33 39 00 Sanitary Utility Sewer Structures 33 40 00 Storm Sewer Drainage Utilities 33 46 00 Subdrainage Division 34 - Transportation 3441 05 Traffic Signs and Devices END OF SECTION TABLE OF CONTENTS © 2015 Stantec 1 193802510 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CDT, Friday, April 24, 2015, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Xylon Avenue North and 451 Avenue North Infrastructure Improvements - City Project No 944 In general, Work consists of the reconstruction of sanitary sewer, water main, services, storm sewer, streets, and streetscaping/landscaping. The Project consists of the following approximate quantities for the Utility, Street, and Streetscaping Improvements: 3,050 LIN FT 12" & 8" PVC Water Main 1,100 LIN FT 10" PVC Sanitary Sewer 2,650 LIN FT 12" to 54" Arch RCP Storm Sewer 8,300 TON Select Granular Borrow Modified 11,000 TON Aggregate Base 2,800 TON Bituminous Pavement 6,060 LIN FT Concrete Curb and Gutter 37,000 SQ FT Concrete Sidewalk 3,000 SQ FT Colored Concrete Sidewalk 9,000 SQ FT Concrete Driveway Aprons 3,600 SQ FT 7" Colored Concrete 100 LIN FT Retaining Wall 700 CU YD Topsoil 1,500 SQ YD Sodding 2,350 LIN FT 4" Double Solid Line, Yellow - Paint 2,500 SQ FT Precast Concrete Pavers 100 EACH Boulevard Tree 20,000 CU FT Aggregate Soil (trees) 475 EACH Boulevard Shrub 630 EACH Perennial Along with streetscaping furniture, miscellaneous utility improvements, removals, restoration, signing, pavement marking, pedestrian ramps and correlated appurtenances. An optional Pre -Bid Conference will be held at 10:00 A.M. CST, on Thursday, April 16, 2015 at the New Hope City Hall, located at 4401 Xylon Avenue North. Representatives of the Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addendum as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Complete digital Bidding Documents are available at www.auesfcdn.com for $20 by inputting QuestCDN eBldDoc #XXXXXX on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, J (651) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long, at (651) 604-4808. I I ADVERTISEMENT FOR BIDS 1 0 2015 Stantec 1 193802810 0011 13- 1 Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota This Page Left Blank Intentionally 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 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. 2.02 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to 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. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. .J 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). I I INSTRUCTIONS TO BIDDERS © 2075 Stantec 1 193802810 0021 13. 1 B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any 'technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the 'technical data' contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any 'technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193802810 0021 13-2 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 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 INSTRUCTIONS TO BIDDERS 0 2015 Sfantec 1 193802810 0021 13-3 sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 An optional Pre -Bid Conference will be held at 10:00 A.M. CST, on Thursday, April 16, 2015 at the New Hope City Hall, located at 4401 Xylon Avenue North. Representatives of the Owner and Engineer will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addendum as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 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 9) 2015 Stantec 1 193802810 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 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for 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. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193802810 0021 13-5 ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 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. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193802810 0021 13-6 B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates and Substitute Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates or Substitute Item Bids. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or 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 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193802810 0021 13-7 ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the some Work from an individual or entity under the some or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.041n evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. 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 INSTRUCIIUNS IU ISIvvCKL 0 2015 Stantec 1 193802810 0021 13-8 the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § I6C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § I6C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes §I6C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with §16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION © 2015 Stantec 1 193802810 INSTRUCTIONS TO BIDDERS 0021 13-9 This Page Left Blank Intentionally 11 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. B. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. American Engineering Inc., Subsurface Boring Log, dated August 13 and 14, 2014. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION 0 2015 Stantec 1 193802810 0031 00-1 This Page Left Blank Intentionally ® Stantec BIDDER: (_-b u OXA6 DOCUMENT 00 41 10 REVISED BID FORM REVISED BY ADDENDUM NO. 7 XYLON AVENUE N. AND 45TH AVENUE N. INFRASTRUCTURE IMPROVEMENTS PROJECT NO. 193802810 CITY PROJECT NO. 944 NEW HOPE, MINNESOTA 2015 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum Number Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the gene 1, 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 cnnctrurtinn exnrR.Wv rens aired by the Ridriinn II lments to he emnlnveri by Riddernnri cnfety nrecni itionc nnri J F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance Ij with the other terms and conditions of the Bidding Documents. I 0 2015 Stcri.. 1 193802810 REVISED BY ADDENDUM NO. 1 0D 41 10- 11R1 REVISED BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidders rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qtv Unit Price Total Price BASE BID 1 MOBILIZATION LS I $ TREE 13 $ $ 6do-o 2 CLEARING TREE 13 $ $ 3 GRUBBING 1100 LF 180 $ /60-0 L $ 15-00 4 REMOVE RETAINING WALL qq LF 3252 $ $ 65-otl 5 REMOVE WATER MAIN rP 1172 $ O $ 13 YY 6 REMOVE SEWER PIPE (SANITARY) LF 02015Stantec 1193802810 004110-2i R) REVISED BID FORM REVISED BY ADDENDUM NO. 1 No. Item Units Qtv Unit Price Total Price 7 REMOVE SANITARY SERVICE PIPE LF 150 $ - $ 150 8 REMOVE SEWER PIPE (STORM) LF 1932 '� $__ $ d :K /n� 9 REMOVE CONCRETE CURB AND GUTTER LF 5405 $L/ $� 10 REMOVE CONCRETE PAVEMENT SY 1150 $ / ^ $ -,f05-6 7 05-6tf� 11 REMOVE BITUMINOUS PAVEMENT SY 11370 $ _.�� - $ �i5, Tir)�O 12 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 506 $ L. $ 0 '7 13 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 270 $ S $ I3.50 14 REMOVE CONCRETE SIDEWALK SY 3000 $ S $ %5600 15 REMOVE HYDRANT EACH 6 $ ��� $ LS06 16 REMOVE VALVE EACH 10 $ IOD - $ /U00 17 REMOVE MANHOLE (SANITARY( EACH 6 $ .SSD $ 3307D 18 REMOVE MANHOLE OR CATCH BASIN (STORM( EACH 22 $ ;i5-0 $ 575-06 19 SAWING CONCRETE PAVEMENT (FULL DEPTH( LF 150 $ $ /,050" 20 SAWING BITUMINOUS PAVEMENT LF 250 $ S $ 1�5-6 21 SALVAGE BENCH EACH 3 $ 106- $ 3b0 - 22 SALVAGE TRASH RECEPTACLE EACH 1 $ (oO - $ 100 23 SALVAGE SIGN TYPE C EACH 18 $ !00 $ I fj00 24 SALVAGE FIRE STATION OPTICON TRAFFIC CONTROLLER LS 1 $ 91S-00- $ g500 - 25 SALVAGE SIGN TYPE SPECIAL EACH 2 $ 100 ` $ ' 0.0 - 26 SALVAGE AND REINSTALL CHAIN LINK FENCE LF 450 $ 30- $ (3530 27 COMMON EXCAVATION CY 11050 $ % q - $ [,SN- %p0 ` 28 SUBGRADE EXCAVATION CY 1500 $ 10 $ 6$000 29 SELECT GRANULAR BORROW MOD (CVS CY 8979 $ $ 176. f .. 30 CONSTRUCT ACCESS ROAD LS 1 $ 10,000 $ toj 4'00 31 GEOTEXTILE FABRIC TYPE V SY 11450 $ 3 $ 32 STREET SWEEPER (WITH PICKUP BROOM( HOUR 20 $`/ $ 33 AGGREGATE BASE CLASS 5 TON 10595 $ / b $ 19'6,7/b 0 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 0041 W -3(R) REVISED BID FORM Na Item Units Qtv Unit Price 7otal P 34 AGGREGATE SOILS CY 896 i.riee $ D $-���-1-0�-�(-/� EACH 8 $ 756 3 - $ 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 480 $ EACH 4 $ /00- ? ! 'Y6] $� 36 TYPE SP 12.5 WEARING COURSE MIX (4,C) TON 830 $ /00— 0QEACH EACH 1 $ %soD $ ` O 37 TYPE SP 12.5 WEARING COURSE MIX (2,B) (DRIVEWAYS) TON 106 $/ $ 38 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) TON 1940 /// �� $ j�^ $ 1 v EACH 39 IMPROVED PIPE FOUNDATION LF 160 $ 6- s!760 40 30" RC PIPE APRON EACH 1 $ 1600- /`6-0_ $ A&C 41 4" PERF PVC PIPE DRAIN LF 6537 $ 7 $ 5'7� 42 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 57 $� $_917 7—` 43 8" PVC PIPE SEWER (SANITARY) LF 69 $ lao - $ Go d eO - 44 10" PVC PIPE SEWER (SANITARY) LF 1087 $ lao- $ Lqqo 45 12"RC PIPE SEWER DES 3006 CL V LF 101 $ S -b $ 46 15" RC PIPE SEWER DES 3006 CL V LF 375 / $ 10`c- ^5ogby $ 00 S�6 J 47 18"RC PIPE SEWER DES 3006 CL V LF 334 6,7 $ $ �SOs6 48 24" RC PIPE SEWER DES 3006 CL IV LF 294 $ D 0 - $ 935 -?0- 49 30" RC PIPE SEWER DES 3006 CL IV LF 81 $ [ $ 7 6qJ 50 42" RC PIPE SEWER DES 3006 CL IV LF 641 $ 16-0 - $ 6, 145Ds 51 36 EQUIVALENT ARCH RC PIPE SEWER DES 3006 CL V 52 SANITARY SEWER BYPASS 53 10"X6" PVC WYE 54 CONNECT TO EXISTING SANITARY SEWER SERVICE 55 6" PIPE PLUG (SANITARY) 56 8" PIPE PLUG (SANITARY) 57 CONNECT TO EXISTING SANITARY SEWER 58 CONNECT TO EXISTING MANHOLE (SANITARY) 59 CONNECT TO EXISTING STORM SEWER 60 CONNECT INTO EXISTING DRAINAGE STRUCTURE 0 2075 Stontec 1 193802810 REVISED BY ADDENDUM NO. 1 LF 309 $ $ Y9 LS 1 $ S-dC76_ $ J000 EACH 8 $ 756 $ 6�6 EACH 8 $ 15-60- $ EACH 4 $ /00- $ CA06 EACH 1 $ /ob- $ /00— 0QEACH EACH 1 $ %soD $ -75-00 ` EACH 3 $ sis06 $ SQO $ 395-0,0- 85-00-EACH EACH 11 $ .3Q,0- EACH 1 $ 6-0 61D $ 5000 , 0041 10-4(R) REVISED BID FORM No. Item Units Qtv Unit Price Total Price 61 6" PVC SANITARY SERVICE PIPE LF 298 $ 5-n $ ! 1000' 62 6" PVC SANITARY SERVICE RISER LF 30 $ .SO $ 15-00- 500`63 63 SANITARY SEWER INSPECTION LF 1525 $ 3 $ 46-%S 16000 16000- 64 TEMPORARY WATER SERVICE LS 1 $ $ 1 65 IRRIGATION SYSTEM LS 1 $ 1 0010 ` rQ0 $F 66 WATERMAIN OFFSET EACH 3 $ 5 $ /4^000' 67 CONNECT TO EXISTING WATER MAIN EACH 3 $ .30-6-0- $ OPO' 68 CONNECT TO EXISTING WATER SERVICE EACH 9 $ '75M ` $ 6 %$a - 69 HYDRANT EACH 7 $ ` $ 35-0"00 " 70 12" BUTTERFLY VALVE & BOX EACH 5 sS-000 $ -0 s60 $ 71 4" GATE VALVE & BOX EACH 1 $ 1500 ' $ 72 6" GATE VALVE & BOX EACH 17 $ J70-0- $ g Sf1/0-0. 73 8" GATE VALVE & BOX EACH 5 $ 99700- $ 10000 — 74 6" PIPE PLUG (WATERMAIN) EACH 1 $ 106 $ 100 75 W PIPE PLUG (WATERMAIN) EACH 3 $ 100,, _ $ 300- 76 4" PVC WATERMAIN LF 135 $ go _ $ 5-4/00 77 6" PVC WATERMAIN LF 447 $ 64D- $ 26 yda 78 8" PVC WATERMAIN LF 186 $ 4`5- $ /8091 - 79 12" PVC WATERMAIN LF 2484 $ f $ a 35- gffo 80 HYDRANT BARREL ADJUST _ LF 5 $.ti�0 $ ash^ ' 81 DUCTILE IRON FITTINGS LB 3146 $ S $ 82 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) EACH 4 $7500 $ 06.0 83 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' EACH 10 $ 3000 $ O OOo` 84 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' EACH 10 $ 3Y00 $ 3Y", O, 85 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' EACH 3 $ fjBa " $ I 86 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5WITH 3' SUMP EACH 1 $ 4' 000 $ �100'O - 87 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 7 $ So-o $ 3153'0 02015 Sfantec 1 193802810 REVISED BY ADDENDUM NO, 1 0041 10- 51R1 REVISED BID FORM No. Item Units Qty Unit Price Total Price $ LO t60 88 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' EACH 2 $ 66[66 89 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' WITH 3' SUMP EACH 1 $ $ CT60' 90 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 8' EACH 3 $ C77T60 $ 91 92 93 94 95 RANDOM RIPRAP CL III 5" CONCRETE WALK 5" CONCRETE WALK SPECIAL (COLORED CONCRETE BANDS 7" CONCRETE 7" CONCRETE WALK SPECIAL 1 (COLORED CROSSWALKS CY SF SF SF SF 56 37007 2821 20054 4892 $ 7-S $ $ 2,59e / B $ i [ Y� $ t go $ $ $ 20 $ �J�`` $ 2V 96 6" THICK CONCRETE WALK FOR PEDESTRIAN CURB RAMP SF 2530 $ $b O 97 98 99 100 SPECIAL SURFACE (INFORMAL SEATING AREA) CONCRETE CURB & GUTTER DESIGN B618 CONCRETE CURB DESIGN V6 (LANDSCAPE 6" PLANTINGS CURBING) TRUNCATED DOME PANEL SF LF LF SF 550 5530 790 610 $ $ Z7 _ q 4/t 0 r a 5� $ ?,—L5 $ 37r F oq8 $s $ .3.5- ( 0 $ 101 TRASH RECEPTACLE EACH 4 r $ $ 102 BENCHES EACH 10 gg `000 $ lo -o✓ V $ rod 103 TABLES EACH 3 % $��Q00— nn $ O('ova 104 BIKE RACKS EACH 6 $ s Ltyro 105 PRECAST CONCRETE PAVERS SF 2530 $� � $3�s�- 106 BLOCK RETAINING WALL SF 120 $ $ 66,06- 107 REMOVE LOOP DETECTORS LS 1 $ aSCTD $ J�Bd 108 INSTALL 8' PRIVACY FENCE LS 1 $ Z`O�_DCYj $ d r 109 CHAIN LINK SAFETY FENCE LF 150 $ $D 110 TRAFFIC CONTROL LS 1 $ 76-QU $ %Sao' 111 DETOUR SIGNING LS I $-00 $ wQ 112 SIGN PANELS TYPE C SF 130 $ f15 $ SS`s 113 INSTALL SIGN SPECIAL EACH 2 $ 300 $ 114 DECIDOUIS TREE&+IT, B&B le TREE 114 $ 550 [60b s 6t 9_I-s7—ao 02015 Stantea 1193802810 REVISED BY ADDENDUM NO. 1 0041 10- SIR) REVISED BID FORM B I No. Item Units city Unit Price Total Price/ 115 DECIDIOUS SHRUB NO 5 CONT SHRB 476 $ Q " $ 2'C$� 6 6 �- 116 PERENIAL N9*040W 14 PLT 634 $ - {5 $ I Sr O -56 - 117 TREE GRATES & FRAMES (5' SQUARE) EACH 11 $ X68 $ 9,7-,5-06 118 TREE GRATES & FRAMES (3'X5') EACH I 1 $ 0.300 $ 257,300 119 SILT FENCE, TYPE MS LF 1000 $ J $ ,�Qn6__ 120 STORM DRAIN INLET PROTECTION EACH 48 $ aOO - $ Q60,0 " 121 STORM OUTLET PROTECTION EA 2 $ 3oa $ 122 STABILIZED CONSTRUCTION EXIT LS 1 $ 9-,O00 - $ 6000- 123 PLANTING TOPSOIL BORROW CY 58 $ $ 0390- 124 BOULEVARD TOPSOIL BORROW CY 643 ^70 $ O $ 125 SODDING TYPE LAWN SY 1480 $ r ©" $ 126 MULCH MATERIAL TYPE 6 CY 180 $_ ,j b $ -?coo 127 WATER FOR DUST CONTROL MGAL 600 $ 5 $ 7 bW 128 GRANITE ROCK CY 50 $ /G6 $ 129 PAVT MSSG (LT ARROW) PAINT EACH 2 $ 6S6 _ $ 130 PAVT MSSG (RT ARROW) PAINT EACH 2 $ JVD $ 300 ` 131 PAVT MSSG (RT-THRU ARROW)PAINT EACH I $C`60 $ Ir ` 132 PAVT MSSG (LT-THRU ARROW) PAINT EACH 1 $ $ /9,0- 00-133 133 4"SOLID LINE WHITE PAINT LF 280 $ $ O $a 134 24"STOP LINE WHITE PAINT LF 70 $ $ 135 4" DOUBLE SOLID LINE YELLOW PAINT LF 2350 $ $�1 136 CROSSWALK MARKING PAINT SF 378 $ 6 $ aa6� Oc TOTAL BASE BID $ ALTERNATE #T: RETRACTABLE ROAD BOLLARDS 137 7" CONCRETE WALK SPECIAL 1 SF 150 $ 50- $ 138 RETRACTABLE ROAD BOLLARD EACH 10 $ .3066- $ ae,=R TOTAL ALTERNATE #T $ a oa m 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 0041 10- 7(R) REVISED BID FORM No. Item Units Qtv Unit Price Total Price ALTERNATE #2: XYLON AVENUE N. (45TH TO 46711) 139 MOBILIZATION 140 CLEARING 141 GRUBBING 142 REMOVE WATER MAIN 143 REMOVE SEWER PIPE (SANITARY) 144 REMOVE SEWER PIPE (STORM) 145 REMOVE CONCRETE CURB 146 REMOVE BITUMINOUS PAVEMENT 147 REMOVE BITUMINOUS PAVEMENT 148 REMOVE CONCRETE WALK 149 REMOVE HYDRANT 150 REMOVE VALVE 151 REMOVE MANHOLE OR CATCH BASIN 152 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) 153 SALVAGE SIGN TYPE C 154 SALVAGE SIGN SPECIAL 155 COMMON EXCAVATION 156 SUBGRADE EXCAVATION 157 SELECT GRANULAR BORROW MOD (CV) 158 GEOTEXTILE FABRIC TYPE V 159 STREET SWEEPER (WITH PICKUP BROOM) 160 AGGREGATE BASE CLASS 5 161 BITUMINOUS MATERIAL FOR TACK COAT 162 TYPE SP 12.5 WEARING COURSE MIX (4,C) 163 TYPE SP 12.5 NON WEAR COURSE MIX (4,B) 164 IMPROVED PIPE FOUNDATION 0 2015 Stantec 1193802810 REVISED BY ADDENDUM NO. 1 LS 1 $ 3,4 edo- $ TREE 3 $ / _ t $ Ike2 TREE 3 $ Off" $ LF 662 $ 9 $ LF 40 $ $ LF 40 $ /" $ LF 984 $ —�— $ SY 1631 $ L3J��l3fj� $ SY 1631 $- $ SY 239 $ .S $ kgs EACH 1 $ 95-6- $ Ss0 EACH 2 _ $ $� EACH 8 r&00 $ 576 $60 - LF 85 $ L/ $ EACH 5 ,/ $ ZO s $ 470 EACH 1 $ 60- $ &10 CY 1650 $ 16I s-23-10,O- /00CY CY 1518 $ CO $ / S/" CY 815 $ $ 15- qks- S-gks- SY SY 1631 $ 3 $ q �-4 3 HOUR 10 $ $ /asp TON GAL TON 1294 85 155 $ 1 $ $ J p $ a 3 99a $ $ TON 206 $ 5$ 13 4 3 f o - LF 100 $ - $ DD 0041 10-8(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price 165 4" PERF PVC PIPE DRAIN LF 1236 $ ? $ kt� 5.7 — 166 CONNECT INTO DRAINAGE STRUCTURE (STORM) EACH 6 $ SOGO' $ 3 O 0ri0 167 CONNECT DRAINTILE TO DRAINAGE STRUCTURE EACH 14 $ �0 $ -70-0- 168 8"PVCPIPE SEWER LF 70 $ ��O- $ Sl%a- 169 10" PVC PIPE SEWER LF 20 $ L' -O - $ 170 12" RC PIPE SEWER DES 3006 CL V LF 66 $S� $ 330z0 171 I5" RC PIPE SEWER DES 3006 CL V LF 115 $ 60 - $ 407" - 172 24" RC PIPE SEWER DES 3006 CL V LF 63 $ 75- $ y7d,J 173 30" RC PIPE SEWER DES 3006 CL IV LF 297 $ 15-- $ 2"sfa�s 174 42" RC PIPE SEWER DES 3006 CL IV LF 208 $ 15-o- $ 3/,06 - 175 SANITARY SEWER BYPASS LS 1 $ laor ` $ loco- oco-176 176 8"PIPE PLUG EACH 1 $ 100- $ IQO - 177 CONNECT TO EXISTING SANITARY SEWER EACH 2 $ 660 $ 178 CONNECT TO EXISTING STORM SEWER EACH 2 $ .3 S00 - $. 7Doa _ 179 WATERMAIN OFFSET EACH 1 $ 5-B06 $ 5-0000- 180 CONNECT TO EXISTING WATER MAIN 181 HYDRANT 182 6' GATE VALVE & BOX 183 8" GATE VALVE & BOX 184 6"PVCWATERMAIN 185 8" PVC WATERMAIN 186 DUCTILE IRON FITTINGS 187 CONST DRAINAGE STRUCTURE DESIGN SPECIAL (SANITARY) 188 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 2'X3' 189 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 4' 190 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 5' 191 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 6' EACH 3 $ 3aao $oq�w - EACH 2 $ Sa'CO- $_4aaoo EACH 1 $ / 7OS $ l %60 - EACH 6 $ 000 _ $ 1i00t7 LF 23 $ 40 $ / 3 e-, LF 648 $ 6s $ 4'1ald0' LB 402 $ s $ 90/0 - OEACH EACH 1 $ SOF' $ 6sao EACH 4 $ @86 $ i�000 EACH 3 $VOET $ CO, a-0lT EACH 4 $ 3 F06 $ /Sacra EACH 1 $ 705 $ © 2015 Stantec 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10 - 91RI REVISED 810 FORM No. Item Units Qtv Unit Price Total Price $ —46 S6C $ J 1 t `� $ 1 `r 192 193 194 195 CONSTRUCT DRAINAGE STRUCTURE DES SPEC 7' 5" CONCRETE WALK CONCRETE CURB & GUTTER DESIGN 8618 TRUNCATED DOME PANEL EACH SF LF SF 1 837 984 16 $ $ $ $ � 196 TRAFFIC CONTROL LS 1 $ /061) $ LOcrQ 197 DETOUR SIGNING LS 1 $ la"p-0 $� 198 SIGN PANELS TYPE C SF 100 $ �' $ 'Ala c 199 INSTALL SIGN TYPE C EACH 10 ��L $ $ 200 INSTALL SIGN TYPE SPECIAL EACH 10 $ $ 201 STORM DRAIN INLET PROTECTION EACH 18 $ 66 $ 360-0- 600-202 202 STABILIZED CONSTRUCTION EXIT LS 1 $ 360— $ 6-&0 203 204 BOULEVARD TOPSOIL BORROW SODDING TYPE LAWN CY SY 61 543 $ $ f $% $ 5i `36 $ to 205 WATER FOR DUST CONTROL MGAL 200 $ $ 206 CROSSWALK MARKING PAINT TOTAL ALTERNATE #2 SF 150 $ $ B6l 'r YC — $.5O i/ l61 BID SUMMARY: TOTAL BASE BID TOTAL ALTERNATE NO. 1 TOTAL ALTERNATE NO.2 of $ 3-7y SoO $ yob (5� 02015 Stantec 1 193802810 REVISED BID FORM REVISED BY ADDENDUM NO. I 00 41 10- 101R1 STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes § I6C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § I6C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By. Hing thAAis��stat ment, IIC4 l/sxn Jlvl�W�^' (typed or printed name), V k �u.^(� (title) certify Yhat I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. (name 5 Signed or corporation submitting this S, ac OQ k t13l N 551SM representative) -2-H-15 Date 0 2015 St.M.e 1 193802810 REVISED BY ADDENDUM NO. 1 00 41 10- 11 IRI REVISED BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on 1\ , 2015. Corporation Name: apa " `1'Y C- (SEAL) State of Incorporation: 1" \itx�Y� ;6- L �� a �pp pp Type (General Business, Professional, Service, Limited Liability'-ri�1.�Lu UU ISNSS By: (Signature) i Name (typed or printed): Jee ff Title: �P P AIA'^- Attest(CORPORATE SEAL) g (Signature of orpo ate Secretary( Il i115S l r4X1{�ydrtit,s (-1�}� $ ax s): 1 0 inl�tklri,nS LM�f 5S3�S9 2 Phone No.: 32a'�i lit'��V�9 Fax No.: J���lN�2diJ� ® 2015 Stantec 1 193802810 REVISED BID FORM REVISED BY ADDENDUM NO, 1 0041 10-12(R) BID ATTACHMENT To the New Hope City Council: According to the advertisement of the City of New Hope inviting proposals for the improvements of the section of highway herein before named, and in conformity with the Contract, Plans, Specifications and Special Provisions pertaining thereto, all on file in the office of the City of New Hope. (I) (We) hereby certify that (1) (we) (am) (are) the only persons) interested in this proposal as principal(s); that this proposal is made and submitted without fraud or collusion with any other person, firm or corporation whatsoever; that an examination has been made of the site of the work and the Contract form, together with the Plans, Specifications and Special Provisions for the improvement. (1) (We) understand that the quantities of work shown herein are approximate only and are subject to increase or decrease; that all quantities of work, whether increased or decreased within the limits specified in Mn/DOT 1903, are to be performed at the unit prices shown on the attached schedule; and that, at the time of opening bids, totals only will be read, but that comparison of bids will be based on the correct summation of item totals obtained from the unit prices bid, as provided in Mn/DOT 1301. (1) (We) propose to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified, in the manner and at the time prescribed, all in accordance with the terms of the Contract and the Plans, Specifications, and Special Provisions forming a part thereof. (1) (We) further propose to do all Extra Work which may be required to complete the contemplated improvement, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon, to do such work on a Force Account basis, as provided in Mn/DOT 1904. (I) (We) further propose to execute the form of Contract within 10 days after receiving written notice of award, as provided in Mn/DOT 1306. (1) (We) further propose to furnish a payment bond equal to the Contract amount, and a performance bond equal to the Contract amount, with the aggregate liability of the bonds) equal to twice the full amount of the Contract, as security for the construction and completion of the improvement according to the Plans, Specifications and Special Provisions, as provided in Mn/DOT 1305. (I) (We) further propose to perform all work according to the Plans, Specifications and Special Provisions, and to renew or repair any work which may be rejected due to defective materials or workmanship, before completion and acceptance of the project by the City of New Hope. (I) (We) agree to all the provisions of Minnesota Statutes 1969, Section 181.59. (1) (We) further propose to begin work and to prosecute and complete the some in accordance with the time schedule set forth in the Special Provisions for the improvement. (1) (We) assign to the City of New Hope all claims for overcharges as to goods and materials J purchased in connection with this Project resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. This clause also applies to subcontractors and first tier suppliers under this Contract. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Geisiinger & Sons, Inc. 511 Central Avenue South, P.O. Box 437 Watkins, MN 55389-0437 as Principal, hereinafter called Principal, and The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, M148076-3725 a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called Surety, are held and firmly bound unto City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 as Obligee, hereinafter called Obligee, in the sum of Five Percent (5%) of Total Amount Bid Dollars ( 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) Xylon Avenue North and 45th Avenue North Infrastructure Improvements; City Project No. 944 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of April , 2015 . ' Geisiinger &Sons, Inc. (Title) Jeif Geisiinger President The Guarantee Company of North America USA - -�,-.- __".""-"'_- -• (Surety) (Seal) (Witness) - (Title) Brian J. Oestretch ,Attorney in Fact AIA DOCUMENT As NSTITun-E OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, V.0 20008 A CORPORATE ACKNOWLEDGMENT State of Minnesota SS County of c) On this 24th day of April 2015 , before me appeared Jeff Geislinaer to me personally known, who, being by me duly sworn, did say that he/she is the President of Geislinaer & Sons. Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Jeff Geislinaer acknowledged said instrument to be the free act and deed of said corporation. "zk Kathy L. Boeckmann y J Notary Public NOTARY PUBLIC State of Minnesota My commission expires '--- Canmiscion rest -31-2017 SURETY ACKNOWLEDGMENT State of Minnesota ) )SS County of Hennepin ) County, %1 _f On this 24th day of April 2015 , before me appeared Brian J. Oestreich to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of The Guarantee Company of North America USA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. ■ ■ LIN UL 2N NOTARY PUBIJC - MINNESOTA My Commission Expires 140 January 31, 2020 • Notary Public Ramsey County, Minnesota My commission expires 1/31/2020 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Michigan, having Its principal office in Southfield, Michigan, does hereby constitute and appoint Brian J. Oestretch, Joshua R, Lojtis, Bruce N. Telander, R. Scott Egginton, R. W. Frank, Donald R. Olson, John E. Tinter, Craig Remick, Linda X French, Rachel Thomas, Nicole Nelson, Jerome T Oulnnet Cobb Strecker Dunphy & Zimmermann, Inc. Its true and lawful altomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or Mal estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation. It is fully understood that consenting to the Stale of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under Its bond. 4. In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly railed and held on the 8th day of December 2011, of which the following is a true excerpt; RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and Its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. q V THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary - - County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said Instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors. of _ Cynthia A. Takai Notary Public, State of Michigan County of Oakland q My Commission Expires February 27, 2018 ..�_ Acting in Oakland County IN WITNESS WHEREOF. I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. / 19. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. y»+aev IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 24th day of April , 2015 �"'"••�` Randall Musselman, Secretary SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope. Minnesota (hereinafter called Owner) and Geislinaer & Sons. Inc (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Xylon Avenue North and 45th Avenue North Infrastructure Improvements for the City of New Hope, Minnesota. ARTICLE 2- THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Xylon Avenue North and 45th Avenue North Infrastructure Improvements for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Substantial Completion includes completion of all work, including final wear course paving, striping, plantings, boulevard streetscaping, signage, and restoration. B. The following Milestones, as defined and shown in the Drawings (Sheet G1.05), will be completed by the following dates. 1. Area A a. July 31, 2015 - Complete concrete curb, bituminous base and binder course paving, colored concrete crosswalks, bituminous wearing course. b. Substantial Completion: September 18, 2015. 2. Area B a. Substantial Completion: October 16, 2015. 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 © 2015 Stantec 1 193802810 AGREEMENT FORM 005210-1 specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete, After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: A. For all Work at the prices 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 Four Million, One Hundred Eighty -One Thousand, Seven Hundred Sixty -Seven Dollars and Zero Cents ($4,181,767.00) for the Total Bases Bid, plus Alternate Nos. 1 and 2. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments, Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). AGREEMENT FORM © 2015 Stantec 1 193802810 005210-2 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 3. 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." 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, AGREEMENT FORM © 2015 Stantec 1 193802810 005210-3 tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9- CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: Xylon Avenue North and 45'^ Avenue North Infrastructure Improvements. 7. Addenda (Numbers 1 to 5, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10- MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. AGREEMENT FORM 0 2015 Stantec 1 193802810 006210-4 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2015 Stantec 1 193802810 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 JAZZ I Q a % 2015 (which is the Effective Date of the Agreement). Owner: City of N Ho e, Minn/essot Attest: QQ� da . tg -, - 1 OF ► 1 rig 4401 XYLON AVE NO. Designated Representative: Name: Title: KIRK McDONALD Address`.''ITY MANAGER 4401 XYLON AVE NO Phone: NEW HOPE MN 55428 763-531-5100 Facsimile: 763-531-5136 Contractor: Geisliinnger & Sons, Inc. By: f/D Attest: / d� Address for giving notices: .6 437 License No.: (Where Applicable) Designated Representative: Name: Title: Address: Phone: Facsimile: END OF SECTION AGREEMENT FORM © 2015 Stantec 1 193802810 005210-6 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Geislinger & Sons, Inc. 511 Central Avenue South, P.O. Box 437 Watkins, MN 55389-0437 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 CONTRACT Effective Date of Agreement: May 5, 2015 SURETY (Name, and Address of Principal Place ofBasiness): The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, MI 48076-3725 Amount: Four Million One Hundred Eighty-one Thousand Seven Hundred Sixty-seven And 00/100 ($4,181,767.00) Description (Name and Location): Xylon Avenue North and 45th Avenue North Infrastructure Improvements; City Project No. 944; New Hope, MN BOND Bond Number: 16120196 Date (Not earlier than Effective Date of Agreement): May 5, 2015 Amount: Four Million One Hundred Eighty-one Thousand Seven Hundred Sixty-seven And 00/100 ($4,181,767.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Geislinger & Sons, Inc. (Seal) Contractor's Name and Corporate Seal By: 11,111,4 , 1,4 S e J Jeff Geislinger Print Name President Title Attest: a,7���C Signature `sees Title SURETY The Guarantee Company of North America USA (Seal) Surety's Name and Corporate Seal By: g ata e tach Power of Attorney) 4 Brian J. Oestreich Print Name Attorney -in -Fact Title Atter _ Signature Surety Account Representative 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 Paee 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 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. if the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other tenns thereof. FOR INFORMATION ONLY— (Name, Address and Telephone) Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150 S. Sth Street, Suite 2800, Minneapolis, MN 55402 (612)349-2400 _Owner's Representative (Engineer or other party): Stantec Consulting services Inc 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee, 00 61 13.13 Pace 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of Minnesota //�� )ss County of (bN" ) On this day of �gO�� before me appeared Jeff Geislinger tome personally known, who, being by me duly sworn, did say that he/she is the President of Geislinger & Sons, Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Jeff Geislinger acknowledged said instrument to be the free act an deed of said corporation. Notary Pub is County, y iu) Kathy L. B:P7 mann My commission expires NOTARYLICState of MsotaMy Commission Exp.11-2017 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 5th day of May 2015 , before me appeared Brian J. Oestreich to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of The Guarantee Company of North America USA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. Y. LIN ULVEN `� NOTARY PU[�LIC-MININ TA Notary Public Ramsey County, Minnesota Commission Expires ellJanuary 31, 2020 My commission expires 1/31/2020 ■ ..�.._� �,,,... .,.. n.� 6{� eJ�, ilr �. ek 18 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Brian A Oestreich, Joshua R. Lojlis, Bruce N. Telander, R. Scott Egginton, R. W. Frank, Donald R. Olson, Jahn F. Tmrer, Craig Remick, Linda K. French, Rachel Thomas, Nicole Nelson, Jerome T. Ouimel Cobb Strecker Dunphy & Zimmermann, Inc. its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 0.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31"day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Aftorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below 3. In connection vdth obligations in favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of y_I Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it Is agreed that the power and authority hereby given to In a in a10n-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Depa01 ant of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 61h day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and p L its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. 4 v SF THE GUARANTEE COMPANY OF NORTH AMERICA USA e�/Itc 4�_ STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the Individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each Is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland 4 `off My Commission Expires February27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. d,,M"*`zo IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of May 2015 4 J Randall Musselman, Secretary PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Geislinger & Sons, Inc. Business): 511 Central Avenue South, P.O. Box 437 The Guarantee Company of North America USA Watkins, MN 55389-0437 One Towne Square, Suite 1470 OWNER (Name and Address): Southfield, MI 48076-3725 City of New Hope 4401 Xylon Avenue N. New Hope, MN 55428 CONTRACT Effective Date of Agreement: May 5, 2015 Amount: Four Million One Hundred Eighty-one Thousand Seven Hundred Sixty-seven And 00/100 ($4,181,767.00) Description (Name and Location): Xylon Avenue North and 45th Avenue North Infrastructure Improvements; City Project No. 944; New Hope, MN BOND Bond Number: 16120196 Date (Not earlier than Effective Date of Agreement): May 5, 2015 Amount:Four Million One Hundred Eighty-one Thousand Seven Hundred Sixty-seven And 00/100 ($4,181,767.00) Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL killi l711Y 119 Geislinger & Sons, Inc. (Seal) The Guarantee Company of North America USA (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal By: 11W_ . By; i re Si ature(At ch Po*6r of Attolney) Jeff Geislinger Print Name President Title Attest:s Signature Title Brian J. Oestreich Print Name Attorney -in -Fact Title Attest: Signature Surety Account Representative 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 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. ESCDC C•615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paee 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 (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Cobb Strecker Dunphy & Zimmermann, Inc. Surety Agency or Broker: 150S. sth Street, Suite 2800, Minneapolis, MN 55402 (612) 349-2400 Owner's Representative (Engineer or other): stantec Consulting Services Inc 2335 Highway 36 West, St. Paul, MN 55113 EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Page 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGMENT State of Minnesota )SS County of ) On this day of Mpi,j -1 before me appeared Jeff Geislinger to me personally known, who, being by me duly sworn, did say that he/she is the President of Geislinger & Sons. Inc. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of said corporation by authority of its Board of Directors, and that said Jeff Geislinger acknowledged said instrument to be the free act and deed of said corporation. Kathy L. BoeCkmann Notary Public VjI "Itj K ` NOTARY PUBLIC My commission expires _ State of Minnesota _ _ My Commission Ex Tres i-31-2017 SURETY ACKNOWLEDGMENT State of Minnesota ) ) ss County of Hennepin ) On this 5th day of May 2015 , before me appeared Brian J. Oestreich to me personally know, who being by me duly sworn, did say that (s)he is the Attorney -in -Fact of The Guarantee Company of North America USA , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Brian J. Oestreich acknowledged said instrument to be the free act and deed of said corporation. R LIN ULVEN Orf y 011,NOT,Notary Public Ramsev County, Minnesota MINNESOTA Ea MY Commission Expires My commission expires 1/31/2020 r January 31, 2020 r ffi', �i1f370G=it �':.�. . ,.��.i�i.1' ... .. ,.,s.. FP05 PEP -��-�.� .r .. 9 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Brian J. Oestreich, Joshua R. Loftis, Bruce N. Telander, R. Scott Egginton, R. W. Frank, Donald R. Olson, John E. Tatter, Craig Renick, Linda K. French, Rachel Thonms, Nicole Nelson, Jerome T. Ouinet Cobb Strecker Dunphy & Zimmermann, Inc. its true and lawful atlomey(s)-in-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) In pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003, The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority; 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attorney -In -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Departmenl of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney Is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of Indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed, IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and ? Its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012, a v s THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each Is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai 0t Notary Public, State of Michigan ' County of Oakland �4' `,ie*'* My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto It my hand at The Guarantee Company of North America USA offices the day and year above written. ��i I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. �aw'rac IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 5th day of May 2015 AG Randall Musselman, Secretary This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by 6 ACEC = ®Cr%F 4waaxuun CooNovo. eca _. �n,c Co�rn.:ra .IY b, SCEAmerican Society of Civil Engineers National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by IV CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acee.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asee.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.a c.ora 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article 2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................... 22 Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits..............................................................................................................................28 37 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................28 38 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site......................................................................................................... 35 7.02 Coordination.....................................................................................................................36 7.03 Legal Relationships........................................................................................................... 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements..................................................................................38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety ........................................................................................................ 42 10.05 Claims............................................................................................................................... 42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays............................................................................................................................... 48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization..............................................................................................................57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i0 00 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause....................................................................................... 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article 16 — Dispute Resolution ........................... 16.01 Methods and Procedures .................. Article 17 — Miscellaneous ................................. 17.01 Giving Notice ................................. 17.02 Computation of Times .................... 17.03 Cumulative Remedies ..................... 17.04 Survival of Obligations ................... 17.05 Controlling Law ............................. A.' 62 62 17.06 Hea mgs.................................................................................................... EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape iv 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 of 62 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. — Page 4 of 62 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 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terns "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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 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, EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee8 of 62 __ employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page of 62 00 72 05 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 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 filmishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 05 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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. Not Shown or Indicated: 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before fixrther disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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. --- Paee14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.— Page l6 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page IS 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: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be fisted 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 t 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright D 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perforin construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 _ 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. '— Paee 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 be the sole judge of acceptability. No `tor 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a Est thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. — Pave 26 of 62 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 27 of 62 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. - Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. '— Pane 30 of 62 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 © 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 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them maybe 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 C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 35 of 62 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's 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 © 2007 National Society of Professional Engineers for EJCDC. Aa rights reserved. Paee37 of 62 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 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 O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright V 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. 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 claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 11.01.13, 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 O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 45 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.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 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shallbe five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 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 12.0LC2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.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 11.0l.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paste 48 of 62 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 50 of 62 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 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 of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 52 of 62 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 53 of 62 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief.- a., elief: 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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 54 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 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 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.athrough 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 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 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case 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 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 59 of 62 &XII ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paste 60 of 62 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 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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.A26 Add the following language at the end of the definition of Milestone The completion dates for Milestones are defined in Section 00 52 00, Agreement Form. SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The completion dates for Milestones are defined in Section 00 52 00, Agreement Form. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.B: C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: American Engineering Testing Inc., Subsurface Boring Log, dated August 13 and 14, 2014. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193802810 00 73 05 - 1 SC -4.06 Delete Paragraphs 4.06.A and 4.06.13 in their entirety and insert the following: A. No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. B. Not Used. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC For C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 193802810 007305-2 6. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. 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." SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802810 007305-3 SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words "representation of in the second sentence. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802810 007305-4 b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. SUPPLEMENTARY CONDITIONS 0 2015 5tantec 1 193802810 007305-5 e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802810 007305-6 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8, Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.13 Amend the first sentence of Paragraph 10.05.13 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.13 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1. Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2. Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SC -1 1.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802810 007305-7 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01 .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.02.85 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.8, 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 SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193802810 007305-8 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 © 2015 Stantec 1 193802810 007305-9 This Page Left Blank Intentionally Bid Rigging NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll- free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOTS continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. This Page Left Blank Intentionally NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS January 12, 2015 Pagel of 3 DEPARTMENT OF TRANSPORTATION NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective May 6, 2013 until May 6, 2016: Gary Francis Bauerly and his affiliates, Rice, MN Gary Bauerly, LLC and its affiliates, Rice, MN Watab Hauling Co. and its affiliates, Rice, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective September 17, 2014 until September 17, 2017: Jeffrey Plzak and his affiliates, Loretto, MN Laurie Plzak and her affiliates, Loretto, MN Honda Electric Incorporated and its affiliates, Loretto, MN • Jeffrey and Laurie Plzak doing business as Honda Electric Logistics, and its affiliates, Loretto, MN NOTICE IS HEREBY GIVEN that MnDOT has ordered that the following vendors be debarred for a period of three (3) years, effective January 12, 2015 until January 12, 2018: Marlin Dahl, Granada, MN Dahl Trucking, Elmore, MN Elmore Truck and Trailer, Inc., Elmore, MN Minnesota Statute section 161.315 prohibits the Commissioner, counties, towns, or home rule or statutory cities from awarding or approving the award of a contract for goods or services to a person who is suspended or debarred, including: 1) any contract under which a debarred or suspended person will serve as a subcontractor or material supplier, 2) any business or affiliate which the debarred or suspended person exercises substantial influence or control, and 3) 3) any business or entity, which is sold or transferred by a debarred person to a relative or any other party over whose actions the debarred person exercises substantial influence or control, remains ineligible during the duration of the seller's or transfer's debarment. NOTICE TO BIDDERS SUSPENSIONS/DEB ARMENTS January 12, 2015 Page 2 of 3 DEPARTMENT OF ADMINISTRATION As of the date of this notice and in accordance with Minnesota Rules 1230.1150, the Minnesota Department of Administration has debarred and disqualified the following persons and businesses from entering into or receiving a State of Minnesota contract: NAME DATE OF SUSPENSION Devos, LTD December 5, 2014 through December 31, 2099 Dean Volkes 100 Colin Drive Holbrook, NY 11741 Groundscape Maintenance, Inc. July 18, 2014 through January 17, 2015 Rob Sievers 1160 County Road 83 Maple Plain, MN 55359 Ramco Heating and Air Conditioning August 6, 2014 through February 6, 2015 Mark and Cheryl Ramquist 605 Ash Street Downing, WI 54734 St. Cloud Lawn & Landscaping, Inc. August 19, 2014 through February 19, 2015 Pat Murphy 10602 County Road 2 Brainerd, MN 56401 TMS Companies August 19, 2014 through February 19, 2015 Todd M. Schmidt 5990 Meadowlark Lane Prior Lake, MN 55372 NAME DATE OF DEBARMENT Best Used Trucks of Minnesota, Inc. Nov. 20, 2012 through Nov. 20, 2015 Jason W. Leas (eligible for reinstatement on Nov. 20, 2016) 635 Marin Avenue Crookston MN 56716 Bull Dog Leasing, Inc. Aug. 30, 2011 through Aug. 30, 2014 Marlin Louis Danner (eligible for reinstatement on Aug. 30, 2015) 7854 Danner Court Inver Grove Heights, MN 55076 Dahl Trucking Aug. 19, 2014 through Aug. 19, 2017 Marlin Dahl (eligible for reinstatement on Aug. 19, 2018) 305 Highway 169 South Elmore, MN 56027 Danner Family Ltd. Partnership Aug. 30, 2011 through Aug. 30, 2014 Marlin Louis Danner (eligible for reinstatement on Aug. 30, 2015) 843 Hardman Avenue South St. Paul, MN 55075 Danner, Inc. Aug. 30, 2011 through Aug. 30, 2014 Marlin Louis Danner (eligible for reinstatement on Aug. 30, 2015) 843 Hardman Ave. S. S. St. Paul MN 55075 Ell -Z Trucking, Inc. Aug. 30, 2011 through Aug. 30, 2014 Marlin Louis Danner (eligible for reinstatement on Aug. 30, 2015) 843 Hardman Avenue South St. Paul, MN 55075 Elmore Truck and Trailer Repair, Inc. Aug. 19, 2014 through Aug. 19, 2017 Marlin Dahl (eligible for reinstatement on Aug. 19, 2018) 305 Highway 169 South Elmore, MN 56027 NOTICE TO BIDDERS SUSPENSIONS/DEBARMENTS Franklin Drywall, Inc. Philip Joseph Franklin 43279 Fieldsview Court Jeffrey and Laurie Plzak 5075 Nielsen Circle, P.O. Box 236 Loretto, MN 55357 January 12, 2015 Page 3 of (eligible for reinstatement on March 25, 2015) July 24, 2014 through July 23, 2017 (eligible for reinstatement on July 23, 2018) Master Drywall, Inc. March 25, 2011 through March 25, 2014 Philip Joseph Franklin (eligible for reinstatement on March 25, 2015) 43279 Fieldsview Court McCaa, Webster & Associates, Inc. May 1, 2014 through April 30, 2015 Sammie McCaa (eligible for reinstatement on April 30, 2016) 2751 Hennepin Avenue South, #301 Minneapolis, MN 55408-1002 MG Carlson Construction Company, Inc. Sept. 5, 2014 through October 5, 2015 Martin Gerald Carlson (eligible for reinstatement on April 5, 2016) 701 East First Street Fort Worth, TX 76102-3276 TAC Construction Solutions, Inc. August 19, 2014 through August 19, 2016 Christina Woods 31767 Deacons Way Pequot Lakes, MN 56472 Ocuture, LLC December 15, 2015 through December 15, 2016 1190 Camby Park Drive (eligible for reinstatement on December 15, 2017) Houston, TX 77047 Gary Francis Bauerly 9695 Deerwood Rd. NE Rice. MN 56367 Jan. 14, 2013 through Jan. 14, 2016 (eligible for reinstatement on Jan. 14, 2017) Minnesota Administrative Rule part 1230.1150, subpart 6 requires the Materials Management Division to maintain a master list of all suspensions and debarments. The master list must retain all information concerning suspensions and debarments as a public record for at least three (3) years following the end of a suspension or debarment. Refer to the following website for the master list: httu:/iwww.mmd.adm n.state.mn.us/debarredreport ash. If the project is financed in whole or in part with federal funds, refer to the following website for vendors debarred by federal government agencies: http://sam.gov. Rev. 12/18/2006 STATE FUNDED CONSTRUCTION CONTRACTS SPECIAL PROVISIONS DIVISION A - LABOR April 7, 2006 I. PREAMBLE It is in the public interest that public buildings and other public works projects be constructed and maintained by the best means and the highest quality of labor reasonably available and that persons working on public works projects be compensated according to the real value of the services they perform. t Therefore, the department shall administer this contract pursuant to the State of Minnesota Statutes and Rules, MN/DOT's Standard Specifications for Construction, MN/DOT's Contract Administration Manual, MN/DOT's State Aid Manual and applicable federal labor regulations. II. DEFINITIONS' A. Contract: The written agreement between the contracting authority and the prime contractor setting forth their obligations, including, but not limited to, the performance of the work, the famishing of labor and materials, the basis of payment, and other requirements contained in the contract documents. B. Contracting Authority: The political subdivision, governmental body, board, department, commission, or officer making the award and execution of contract as the party of the first part. C. Contractor: The term "contractor" in these provisions shall include the prime contractor, subcontractor, agent, or other person doing or contracting to do all or part of the work under this contract .3 D. Department: The Department of Transportation of the State of Minnesota, or the political subdivision, governmental body, board, commission, office, department, division, or agency constituted for administration of the contract work within its jurisdiction. E. First Tier Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor sublets part of the contract. F. Independent Truck Owner/Operator (ITO): An individual, partnership, or principal stockholder of a corporation who owns or holds a vehicle under lease and who contracts that vehicle and the owner's services to an entity that provides construction services to a public works project ° G. Laborer or Mechanic: A worker in a construction industry labor class identified in or pursuant to Minnesota Rules 5200.1100, Master Job Classifications' H. Plan: The plan, profiles, typical cross-sections, and supplemental drawings that show the locations, character, dimensions, and details of the work to be done. I. Prime Contractor: The individual, firm, corporation, or other entity contracting for and undertaking prosecution of the prescribed work; the party of the second part to the contract, acting directly or through a duly authorized representative. J. Project: The specific section of the highway, the location; or the type of work together with all appurtenances and construction to be performed under the contract. Minnesota Statute 177.41 ' MN/DOT Standard Specifications for Construction, Section 1103 s Minnesota Statute 177.44, Subdivision 1 Minnesota Rules 5200.1106, Subpart 7(A) s Minnesota Rules 5200.1106, Subpart 5(A) 1-A Rev. 12/18/2006 K. Second Tier Subcontractor: An individual, firm, corporation, or other entity to which a first tier subcontractor sublets part of the contract. L. Special Provisions: Additions and revisions to the standard and supplemental specifications covering conditions peculiar to an individual project. M. Specifications: A general term applied to all directions, provisions, and requirements pertaining to performance of the work. N. Subcontractor: An individual, firm, corporation, or other entity to which the prime contractor or subcontractor sublets part of the contract. O. Substantially In Place: Mineral aggregate is deposited on the project site directly or through spreaders where it can be spread from or compacted at the location where it was deposited.6 P. Trucking Broker: An individual or business entity, the activities of which include, but are not limited to: contracting to provide trucking services in the construction industry to users of such services, contracting to obtain such services from providers of trucking services, dispatching the providers of the services to do work as required by the users of the services, receiving payment from the users in consideration of the trucking services provided and making payment to the providers for the services .7 Q. Trucking Firm/Multiple Truck Owner (MTO): Any business entity that owns more than one vehicle and hires the vehicles out for services to brokers or contractors on public works projects.' R. Work: The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project and the carrying out of all the duties and obligations imposed by the contract upon the contractor. Also used to indicate the construction required or completed by the contractor. III. SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT A. These�provisions shall apply to this contract, which is funded in whole or part with state funds. B. These provisions shall apply to the prime contractor and all subcontractors contracting to do all or part of the work under this contract. 10 C. The provisions established in this document do not necessarily represent all federal, state, and local laws, ordinances, rules and regulations. It is the responsibility of the prime contractor to inform itself and all subcontractors about other regulations that may be applicable to this contract. D. The prime contractor is responsible to ensure that each subcontractor performing work under this contract receives copies of all required contract provisions. These provisions shall be incorporated into written subcontracts and must be displayed on the poster board.l t E. The department shall administer this contract in accordance with all applicable state statutes and rules, 12 along with the plans, specifications and provisions, which are incorporated into and found elsewhere in this contract. F. An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota Commissioner of Transportation to enforce the Minnesota Prevailing Wage Law on a case-by-case basis, 13 ° Minnesota Rules 5200.1106, Subpart 5(C) Minnesota Rules 5200.1106, Subpart 7(C) a Minnesota Rules 5200.1106, Subpart 7(B) s Minnesota Statute 177.41 �0 Minnesota Statute 177.44, Subdivision 1 Minnesota Statute 177.44, Subdivision 5 12 Minnesota Rules 8820.3000, Subpart 2 13 Minnesota Court of Appeals Case Number: C6-97-1582 2-A Rev. 12/18/2006 G. For additional information refer to: www.dot.state.mn.us/const/labor/. IV. PAYROLLS AND STATEMENTS A. All contractors shall submit a payroll statement to the department. 14 The statement shall be submitted based on the contractor's payment schedule. If a contractor pays its employees weekly, a payroll statement shall be submitted weekly. If a contractor pays its employees biweekly, a payroll statement shall be submitted biweekly.15 All contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer.16 Each statement submitted shall include all employees that performed work under this contract and provide at a minimum the following information: 17 1. Contractor's name, address, and telephone number. 2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and/or three -digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages paid to each employee. B. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1 - 11) of this section. However, contractors needing a payroll form may utilize the "front side" of the U.S. Department of Labor's, "-347 - Payroll Form. This form is available by visiting the Labor Compliance website.'$ C. All payroll records must be accompanied with a completed and signed MN/DOT, 21658 - Statement of Compliance Form. 19 D. The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed 20 E. The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued." F. At the end of each pay period, each contractor shall provide every employee, in writing, an accurate, detailed earnings statement 22 14 Minnesota Statute 177.44, Subdivision 7 is Mn/DOT Contract Administration Manual, Section .320 ie Minnesota Statute 181.10 Minnesota Rules 5200.1106, Subpart 10 and Minnesota Statute 177.30 18 www.dot.state.mn.us/const/labor/ " Minnesota Rules 5200.1106, Subpart 10 20 Minnesota Statute 177.30(1)(2)(3)(4) v Minnesota Statute 177.30(4) 22 Minnesota Statute 181.032 3-A Rev. 12/18/2006 G. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions 23 H. At the department's discretion, the project engineer may administer the submission of payroll records according to MN/DOT's Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MN/DOT Contract Administration Manual, Section A(4)(d). I. If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the department may implement the actions prescribed in section XVI (NON-COMPLIANCE AND ENFORCEMENT). V. WAGE RATES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors are compensated according to the MN/DLI state prevailing wage determination(s) incorporated into and found elsewhere in this contract. All contractors shall pay each worker the required minimum total hourly wage rate for all hours worked on the project and for the appropriate classification of labor. 1. State highway and heavy wage determinations are issued for ten separate regions throughout the state of Minnesota. If the contract work is located in more than one region, the applicable wage decision for each region shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state highway and heavy wage determinations, there shall be only one standard of hours of labor and wage rates. 24 2. State commercial wage determinations are issued for each county throughout the state of Minnesota. If the contract work is located in more than one county, the applicable wage determination for each county shall be incorporated into and found elsewhere in this contract. If this contract contains multiple state commercial wage determinations, there shall be only one standard of hours of labor and wage rates .25 B. Wage rates listed in the state wage determination(s) contain two components: the hourly basic rate and the fringe rate; together they equal the total prevailing wage rate. A contractor shall compensate a worker at a minimum, a combination of cash and fringe benefits equaling the total prevailing wage rate." C. The applicable certified wage decision(s) incorporated into and found elsewhere in this contract remain in effect for the life of this contract. The wage decision(s) do not necessarily represent the workforce that can be obtained at the rates certified by the MN/DLI. It is the responsibility of the prime contractor and any subcontractor to inform themselves about local labor conditions and prospective changes or adjustments to the wage rates. No increase in the contract price shall be allowed or authorized due to wage rates that exceed those incorporated into this contract. D. A contractor shall not reduce a worker's private, regular rate of pay when the wage rate certified by the MN/DLI is less than the worker's normal hourly wage 27 E. From the time a worker is required to report for duty at the project site until the worker is allowed to leave the site, no deductions shall be made from the worker's hours for any delays of less than twenty consecutive minutes.28 23 Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 24 Minnesota Statute 177.44, Subdivision 4 25 Minnesota Statute 177.44, Subdivision 4 26 Minnesota Statute 177.42, Subdivision 6 27 Minnesota Statute 181.03, Subdivision 1(2) 28 Minnesota Rules 5200.0120,Subpart 1 4-A Rev. 12/18/2006 F. In situations where a delay may exceed twenty consecutive minutes and the contractor requires a worker to remain on the premises or so close to the premises that the worker cannot use the time effectively for the worker's own purposes, the worker is considered "on-call"29 and shall be compensated in accordance with Subpart B of this section, unless the worker is allowed or required to leave the project site. G. A contractor making payment to an employee, laborer, mechanic, worker, or truck owner - operator shall not accept a rebate for the purpose of reducing or otherwise decreasing the value of the compensation paid .30 H. Any employee who knowingly permits a contractor to pay less than the total prevailing wage or gives up any part of the compensation to which the employee is entitled may be subject to penalties. 1 VI. BONA FIDE FRINGE BENEFITS A. A "funded" fringe benefit plan is one that allows the contractor to make irrevocable contributions on behalf of an employee to a financially responsible trustee, third person, fund, plan or program, without prior approval from the U.S. Department of Labor. Types of "funded" fringe benefits may include, but are not limited to: pension, health and life insurance. 2 B. An "unfunded" fringe benefit plan or program is one that allows the contractor to furnish an in-house benefit on behalf of an employee. The cost to provide the benefit is funded from the contractor's general assets rather than funded by contributions made to a trustee, third person, fund, plan or program. Types of "unfunded" fringe benefits may include, but are not limited to: holiday plans, vacation plans and sick plans. 33 C. Credit toward the total prevailing wage rate shall be determined for each individual employee and is allowed for bona fide fringe benefits that: 34 1. include contributions irrevocably made by a contractor on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program; 2. are legally enforceable; 3. have been communicated in writing to the employee; and 4, are made available to the employee once he/she has met all eligibility requirements. D. No credit shall be allowed for benefits required by federal, state or local law, such as: worker's compensation, unemployment compensation, and social security contributions. 35 E. Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department, the prime contractor shall promptly furnish copies of fringe benefit records for its workers and those of all subcontractors, along with other records, deemed appropriate by the requesting agency to determine compliance with these contract provisions. 6 F. In addition to the requirements set forth in Subpart C of this section, it is the responsibility of the prime contractor and any subcontractor to inform themselves about other federal and state fringe benefit regulations that may be applicable to this contract. z9 Minnesota Rules 5200.0120, Subpart 2 30 Minnesota Rules 5200.1106, Subpart 6 31 Minnesota Statute 177.44, Subdivision 6 32 29 CFR Parts 5.26 and 5.27 s3 29 CFR Part 5.28 34 29 CFR Part 5.23 3' 29 CFR Part 5.290 se Minnesota Statute 177.44, Subdivision 7 and Minnesota Rules 5200.1106, Subpart 10 5-A Rev. 12/18/2006 until the project is 100 percent complete.51 The prime contractor is not allowed to place a poster board at an off-site location. B. The prime contractor can obtain the required posters by contacting MN/DOT at (651) 366-3091. The prime contractor will need to furnish its name, mailing address, the type of posters (state -aid) and the quantity needed. C. Refer to the poster board section of the Labor Compliance website to obtain applicable contact information for each poster. The link to the website can be found in section III (SCOPE — SPECIAL PROVISIONS DIVISION A & CONTRACT), Subpart G of these provisions. XIII. EMPLOYEE INTERVIEWS At any time the prime contractor shall permit representatives from MN/DLI or the Department to interview its workers and those of any subcontractor during working hours on the project .52 XIV. TRUCKING / OFF-SITE FACILITIES A. The prime contractor is responsible to ensure that its workers and those of all subcontractors, are compensated in accordance with the state wage determination(s) incorporated into and found elsewhere in this contract for the following work duties: 1. The processing or manufacturing of material, including the hauling of material to and from a prime contractor's material operation that is not a separate commercial establishment. 53 2. The processing or manufacturing of material, including the hauling of material to and from an off-site material operation that is not considered a commercial establishment. 54 3. The hauling of any or all stockpiled or excavated materials on the project work site to other locations on the same project even if the truck leaves the work site at some point 55 4. The delivery of materials from a non-commercial establishment to the project and the return haul.56 5. The delivery of materials from another construction project site to the public works project and the return haul, either empty or loaded. Construction projects are not considered commercial establishments. 57 6. The hauling required to remove any materials from the project to a location off the project site and the return haul, either empty or loaded from other than a commercial establishment. 58 7. The delivery of mineral aggregate materials from a commercial establishment, which is deposited "substantially in place" and the return haul, either empty or loaded.59 B. The work duties prescribed in Subpart A (1 - 7) of this section do not represent all possible hauling activities and/or other work duties that may be performed under this contract. It is the responsibility of the prime contractor to inform itself and all subcontractors about other applicable job duties that may be subject to the contract labor provisions. Refer to the Labor Compliance website for additional information regarding trucking regulations. si Minnesota Statute 177.44, Subdivision 5 sz MN/DOT Standard Specifications for Construction, Section 1511 ss ALJ Findings of Fact, Conclusions of Law, and Recommendation, Conclusions (7), Case #12-3000-11993-2 s4 Minnesota Rules 5200.1106, Subpart 313(2) ss Minnesota Rules 5200.1106, Subpart 3B(I) ss Minnesota Rules 5200.1106, Subpart 313(2) s7 Minnesota Rules 5200.1106, Subpart 3B(3) 58 Minnesota Rules 5200.1106, Subpart 3B(4) ss Minnesota Rules 5200.1106, Subpart 3B(5)(6) 8-A Rev. 12/18/2006 C. A contractor acquiring trucking services from an ITO, MTO and/or Truck Broker to perform and/or provide 'covered" hauling activities shall comply with the payment of the certified state truck rental rates, 60 which are incorporated into and found elsewhere in this contract. D. Each month, in which hauling activities were performed under this contract, the prime contractor and all subcontractors shall submit a MN/DOT, TP -90550 - Month -End Trucking Report and MN/DOT, TP -90551 - Statement of Compliance Form, along with each ITOs, MTOs and/or Truck Brokers reports to the department. 6' The specifications regarding the dates for submission can be found near the bottom of the MN/DOT, TP -90551 - Statement of Compliance Form. E. A Truck Broker contracting to provide trucking services in the construction industry may charge a reasonable broker fee to the provider of trucking services. 62 The prime contractor and any subcontractor contracting to receive trucking services shall not assess a broker fee. F. A contractor with employee truck drivers shall adhere to the requirements established in sections IV (PAYROLLS AND STATEMENTS); V (WAGE RATES); VI (FRINGE BENEFITS); VII (OVERTIME) and VIII (LABOR CLASSIFICATIONS). G. If after written notice, the prime contractor fails to submit its month-end trucking reports and certification forms and those of any subcontractor, MTO and/or Truck Broker, the department may take such actions as prescribed in section XVI, (NON-COMPLIANCE AND ENFORCEMENT). XV. CHILD LABOR A. Except as permitted under Subpart B of this section, no worker under the age of 18 is allowed to perform work on construction projects.63 B. In accordance with state law, a worker under the age of 18, employed in a corporation totally owned by one or both parents that is supervised by the parent(s), may perform work on construction projects. 64 However, if this contractor is subject to the federal Fair Labor Standards Act, a worker under the age of 18 is not allowed to perform work in a hazardous occupation. 65 C. To protect the interests of the department, the project engineer may remove a worker that appears to be under the age of 18 from the construction project until the contractor or worker can demonstrate proof of age 66 and compliance with all applicable federal and/or state regulations. 67 XVI. NON-COMPLIANCE AND ENFORCEMENT A. The prime contractor shall be liable for any unpaid wages to its workers or those of any subcontractor, ITO, MTO and/or Truck Broker. 68 B. If it is determined that a contractor has violated the state prevailing wage law, or any portion of this contract, the department after written notice, may implement one or more of the following sanctions: 1. Withhold or cause to be withheld from the prime contractor such amounts in considerations or assessments against the prime contractor, whether arising from this contract or other contract with the department 69 bo Minnesota Rules 5200.1106, Subpart I 6� Minnesota Rules 5200.1106, Subpart 10 bz Minnesota Rules 5200.1106, Subpart 7(C) es Minnesota Rules 5200.0910, Subpart F ba Minnesota Rules 5200.0930, Subpart 4 65 29 CFR Part 570.2(a)(ii) eb Minnesota Statute 181A.06, Subdivision 4 67 MN/DOT Standard Specifications for Construction, Section 1701 68 MN/DOT Standard Specifications for Construction, Section 1801 69 MN/DOT Standard Specifications for Construction, Section 1906 9-A Rev. 12/18/2006 2. The department may reject a bid from a prime contractor that has demonstrated continued or persistent noncompliance with the prevailing wage law on previous or current contracts with the department. 70 3. The department may take the prosecution of the work out of the hands of the prime contractor, place the contractor in default and terminate this contract for failure to demonstrate compliance with these provisions .71 C. Any contractor who violates the state prevailing wage law is guilty of a misdemeanor and may be fined not more than $300 or imprisoned not more than 90 days or both. Each day that the violation continues is a separate offense.72 D. All required documents and certification reports are legal documents; willful falsification of the documents may result in civil action and/or criminal prosecution73 and may be grounds for debarment proceedings .74 7° Minnesota Statute 161.32, Subdivision 1(d) 71 MN/DOT Standard Specifications for Construction, Section 1808 71 Minnesota Statute 177.44, Subdivision 6 73 Minnesota Statutes 16B, 161.315, Subdivision 2, I77.43,Subdivision 5 177.44, Subdivision 6, 609.63 74 Minnesota Statute 161.315 and Minnesota Statute 609.63 10-A NOTICE TO BIDDERS Minnesota Statutes that require prompt payment to subcontractors 471.425 Prompt payment of local government bills. Subd. 1. Definitions. For the purposes of this section, the following terms have the meanings here given them. (d) "Municipality" means any home rule charter or statutory city, county, town, school district, political subdivision or agency of local government. "Municipality" means the metropolitan council or any board or agency created under chapter 473. Subd. 4a. Prompt payment to subcontractors. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of S 100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. HIST: 1985 c 136 s 5; 1995 c 31 s 1 This Page Left Blank Intentionally MINNESOTA DEPARTMENT OF LABOR AND INDUSTRY PREVAILING WAGES FOR STATE FUNDED CONSTRUCTION PROJECTS T THIS NOTICE MUST BE POSTED ON THE JOBSITE IN A CONSPICUOUS PLACE Construction Type: Highway and Heavy Region Number: 09 Counties within region: • ANOKA-02 • CARVER -10 • CHISAGO-13 • DAKOTA -19 • HENNEPIN-27 • RAMSEY-62 • SCOTT -70 • WASHINGTON -82 Effective: 2014-10-20 Revised: 2014-11-04 This project is covered by Minnesota prevailing wage statutes. Wage rates listed below are the minimum hourly rates to be paid on this project. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at a rate of one and one half (1 1/2) times the basic hourly rate. Violations should be reported to: Department of Transportation Office of Construction Transportation Building MS650 John Ireland Blvd St. Paul, MN 55155 (651)366-4209 Refer questions concerning the prevailing wage rates to: Department of Labor and Industry Prevailing Wage Section 443 Lafayette Road N St Paul, MN 55155 (651)284-5091 DLI.PrevWaae@state.mn.us 02/05/15 LABOR CODE AND CLASS EFFECT BASIC FRINGE TOTAL DATE RATE RATE RATE LABORERS (101 -112) (SPECIAL CRAFTS 701 - 730) 101 LABORER, COMMON (GENERAL LABOR WORK) 2014-10-20 27.77 16.52 44.29 2015-05-01 28.94 16.89 45.83 102 LABORER, SKILLED (ASSISTING SKILLED CRAFT 2014-10-20 27.77 16.52 44.29 JOURNEYMAN) 2015-05-01 28.94 16.89 45.83 103 LABORER, LANDSCAPING (GARDENER, SOD LAYER 2014-10-20 18.75 13.24 31.99 AND NURSERY OPERATOR) 2015-05-01 19.96 13.59 33.55 104 FLAG PERSON 2014-10-20 27.77 16.52 44.29 2015-05-01 28.94 16.89 45.83 105 WATCH PERSON 2014-10-20 24.37 15.97 40.34 2015-05-01 25.54 16.34 41.88 106 BLASTER 2014-10-20 22.08 6.87 28.95 107 PIPELAYER (WATER, SEWER AND GAS) 2014-10-20 30.27 16.52 46.79 2015-05-01 31.44 16.89 48.33 108 TUNNEL MINER 2014-10-20 28.47 16.52 44.99 2015-05-01 29.64 16.89 46.53 109 UNDERGROUND AND OPEN DITCH LABORER (EIGHT 2014-10-20 28.47 16.52 44.99 FEET BELOW STARTING GRADE LEVEL) 2015-05-01 29.64 16.89 46.53 110 SURVEY FIELD TECHNICIAN (OPERATE TOTAL 2014-10-20 27.77 16.52 44.29 STATION, GPS RECEIVER, LEVEL, ROD OR RANGE POLES, STEEL TAPE MEASUREMENT; MARK AND DRIVE STAKES; HAND OR POWER DIGGING FOR AND 02/05/15 2 IDENTIFICATION OF MARKERS OR MONUMENTS; PERFORM AND CHECK CALCULATIONS; REVIEW AND UNDERSTAND CONSTRUCTION PLANS AND LAND SURVEY MATERIALS). THIS CLASSIFICATION DOES NOT APPLY TO THE WORK PERFORMED ON A PREVAILING WAGE PROJECT BY A LAND SURVEYOR WHO IS LICENSED PURSUANT TO MINNESOTA STATUTES, SECTIONS 326.02 TO 326.15. 2015-05-01 28.94 16.89 45.83 111 TRAFFIC CONTROL PERSON (TEMPORARY SIGNAGE) 2014-10-20 27.77 16.52 44.29 2015-05-01 28.94 16.89 45.83 112 QUALITY CONTROL TESTER (FIELD AND COVERED 2014-10-20 16.28 4.07 20.35 OFF-SITE FACILITIES; TESTING OF AGGREGATE, ASPHALT, AND CONCRETE MATERIALS); LIMITED TO MN DOT HIGHWAY AND HEAVY CONSTRUCTION PROJECTS WHERE THE MN DOT HAS RETAINED QUALITY ASSURANCE PROFESSIONALS TO REVIEW AND INTERPRET THE RESULTS OF QUALITY CONTROL TESTERS. SERVICES PROVIDED BY THE CONTRACTOR. SPECIAL EQUIPMENT (201- 204) 201 ARTICULATED HAULER 2014-10-20 32.07 17.20 49.27 2015-05-01 32.93 17.90 50.83 202 BOOM TRUCK 2014-10-20 32.07 17.20 49.27 2015-05-01 32.93 17.90 50.83 203 LANDSCAPING EQUIPMENT, INCLUDES HYDRO 2014-10-20 27.82 17.20 45.02 SEEDER OR MULCHER, SOD ROLLER, FARM TRACTOR WITH ATTACHMENT SPECIFICALLY SEEDING, SODDING, OR PLANT, AND TWO -FRAMED FORKLIFT (EXCLUDING FRONT, POSIT -TRACK, AND SKID STEER LOADERS), NO EARTHWORK OR GRADING FOR ELEVATIONS 2015-05-01 28.68 17.90 46.58 204 OFF-ROAD TRUCK 2014-10-20 32.07 17.20 49.27 2015-05-01 32.93 17.90 50.83 02/05/15 3 205 PAVEMENT MARKING OR MARKING REMOVAL EQUIPMENT (ONE OR TWO PERSON OPERATORS); SELF-PROPELLED TRUCK OR TRAILER MOUNTED UNITS. HIGHWAY/HEAVY POWER EQUIPMENT OPERATOR GROUP2 302 HELICOPTER PILOT (HIGHWAY AND HEAVY ONLY) 303 CONCRETE PUMP (HIGHWAY AND HEAVY ONLY) 2014-10-20 31.45 17.95 49.40 2014-10-20 32.92 17.20 50.12 2015-05-01 33.78 17.90 51.68 304 ALL CRANES WITH OVER 135 -FOOT BOOM, EXCLUDING JIB (HIGHWAY AND HEAVY ONLY) 305 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR OTHER SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS THREE CUBIC YARDS AND OVER MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 306 GRADER OR MOTOR PATROL 307 PILE DRIVING (HIGHWAY AND HEAVY ONLY) 308 TUGBOAT 100 H.P. AND OVER WHEN LICENSE REQUIRED (HIGHWAY AND HEAVY ONLY) GROUP3 2014-10-20 32.37 17.20 49.57 2015-05-01 33.23 17.90 51.13 309 ASPHALT BITUMINOUS STABILIZER PLANT 310 CABLEWAY 311 CONCRETE MIXER, STATIONARY PLANT (HIGHWAY AND HEAVY ONLY) 312 DERRICK (GUY OR STIFFLEG)(POWER)(SKIDS OR STATIONARY) (HIGHWAY AND HEAVY ONLY) 313 DRAGLINE, CRAWLER, HYDRAULIC BACKHOE (TRACK OR WHEEL MOUNTED) AND/OR SIMILAR EQUIPMENT WITH SHOVEL -TYPE CONTROLS, UP TO THREE CUBIC YARDS MANUFACTURER.S RATED CAPACITY INCLUDING ALL ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 314 DREDGE OR ENGINEERS, DREDGE (POWER) AND ENGINEER 315 FRONT END LOADER, FIVE CUBIC YARDS AND OVER INCLUDING ATTACHMENTS. (HIGHWAY AND HEAVY ONLY) 316 LOCOMOTIVE CRANE OPERATOR 317 MIXER (PAVING) CONCRETE PAVING, ROAD MOLE, INCLUDING MUCKING OPERATIONS, CONWAY OR SIMILAR TYPE 02/05/15 4 318 MECHANIC. WELDER ON POWER EQUIPMENT (HIGHWAY AND HEAVY ONLY) 319 TRACTOR. BOOM TYPE (HIGHWAY AND HEAVY ONLY) 320 TANDEM SCRAPER 321 TRUCK CRANE. CRAWLER CRANE (HIGHWAY AND HEAVY ONLY) 322 TUGBOAT 100 H.P AND OVER (HIGHWAY AND HEAVY ONLY) GROUP4 323 AIR TRACK ROCK DRILL 2014-10-20 32.07 17.20 49.27 2015-05-01 32.93 17.90 50.83 324 AUTOMATIC ROAD MACHINE (CMI OR SIMILAR) (HIGHWAY AND HEAVY ONLY) 325 BACKFILLER OPERATOR 326 CONCRETE BATCH PLANT OPERATOR (HIGHWAY AND HEAVY ONLY) 327 BITUMINOUS ROLLERS, RUBBER TIRED OR STEEL DRUMMED (EIGHT TONS AND OVER) 328 BITUMINOUS SPREADER AND FINISHING MACHINES (POWER), INCLUDING PAVERS, MACRO SURFACING AND MICRO SURFACING, OR SIMILAR TYPES (OPERATOR AND SCREED PERSON) 329 BROKK OR R.T.C. REMOTE CONTROL OR SIMILAR TYPE WITH ALL ATTACHMENTS 330 CAT CHALLENGER TRACTORS OR SIMILAR TYPES PULLING ROCK WAGONS, BULLDOZERS AND SCRAPERS 331 CHIP HARVESTER AND TREE CUTTER 332 CONCRETE DISTRIBUTOR AND SPREADER FINISHING MACHINE, LONGITUDINAL FLOAT, JOINT MACHINE, AND SPRAY MACHINE 333 CONCRETE MIXER ON JOBSITE (HIGHWAY AND HEAVY ONLY) 334 CONCRETE MOBIL (HIGHWAY AND HEAVY ONLY) 335 CRUSHING PLANT (GRAVEL AND STONE) OR GRAVEL WASHING, CRUSHING AND SCREENING PLANT 336 CURB MACHINE 337 DIRECTIONAL BORING MACHINE 338 DOPE MACHINE (PIPELINE) 339 DRILL RIGS, HEAVY ROTARY OR CHURN OR CABLE DRILL (HIGHWAY AND HEAVY ONLY) 340 DUAL TRACTOR 341 ELEVATING GRADER 342 FORK LIFT OR STRADDLE CARRIER (HIGHWAY AND HEAVY ONLY) 343 FORK LIFT OR LUMBER STACKER (HIGHWAY AND HEAVY ONLY) 344 FRONT END, SKID STEER OVER I TO 5 C YD 345 GPS REMOTE OPERATING OF EQUIPMENT 346 HOIST ENGINEER (POWER) (HIGHWAY AND HEAVY ONLY) 347 HYDRAULIC TREE PLANTER 02105/15 5 348 LAUNCHER PERSON (TANKER PERSON OR PILOT LICENSE) 349 LOCOMOTIVE (HIGHWAY AND HEAVY ONLY) 350 MILLING, GRINDING, PLANNING, FINE GRADE, OR TRIMMER MACHINE 351 MULTIPLE MACHINES, SUCH AS AIR COMPRESSORS, WELDING MACHINES, GENERATORS, PUMPS (HIGHWAY AND HEAVY ONLY) 352 PAVEMENT BREAKER OR TAMPING MACHINE (POWER DRIVEN) MIGHTY MITE OR SIMILAR TYPE 353 PICKUP SWEEPER, ONE CUBIC YARD AND OVER HOPPER CAPACITY(HIGHWAY AND HEAVY ONLY) 354 PIPELINE WRAPPING, CLEANING OR BENDING MACHINE 355 POWER PLANT ENGINEER, 100 KWH AND OVER (HIGHWAY AND HEAVY ONLY) 356 POWER ACTUATED HORIZONTAL BORING MACHINE, OVER SIX INCHES 357 PUGMILL 358 PUMPCRETE (HIGHWAY AND HEAVY ONLY) 359 RUBBER -TIRED FARM TRACTOR WITH BACKHOE INCLUDING ATTACHMENTS (HIGHWAY AND HEAVY ONLY) 360 SCRAPER 361 SELF-PROPELLED SOIL STABILIZER 362 SLIP FORM (POWER DRIVEN) (PAVING) 363 TIE TAMPER AND BALLAST MACHINE 364 TRACTOR, BULLDOZER (HIGHWAY AND HEAVY ONLY) 365 TRACTOR, WHEEL TYPE, OVER 50 H.P. WITH PTO UNRELATED TO LANDSCAPING (HIGHWAY AND HEAVY ONLY) 366 TRENCHING MACHINE (SEWER, WATER, GAS) EXCLUDES WALK BEHIND TRENCHER (HIGHWAY AND HEAVY ONLY) 367 TUB GRINDER, MORBARK, OR SIMILAR TYPE 368 WELL POINT DISMANTLING OR INSTALLATION (HIGHWAY AND HEAVY ONLY) GROUPS 2014-10-20 29.03 17.20 46.23 2015-05-01 29.89 17.90 47.79 369 AIR COMPRESSOR, 600 CFM OR OVER (HIGHWAY AND HEAVY ONLY) 370 BITUMINOUS ROLLER (UNDER EIGHT TONS) 371 CONCRETE SAW (MULTIPLE BLADE) (POWER OPERATED) 372 FORM TRENCH DIGGER (POWER) 373 FRONT END, SKID STEER UP TO 1C YD 374 GUNITE GUNALL (HIGHWAY AND HEAVY ONLY) 375 HYDRAULIC LOG SPLITTER 376 LOADER (BARBER GREENE OR SIMILAR TYPE) 02/05/15 6 377 POST HOLE DRIVING MACHINE/POST HOLE AUGER 378 POWER ACTUATED AUGER AND BORING MACHINE 379 POWER ACTUATED JACK 380 PUMP (HIGHWAY AND HEAVY ONLY) 381 SELF-PROPELLED CHIP SPREADER (FLAHERTY OR SIMILAR) 382 SHEEP FOOT COMPACTOR WITH BLADE. 200 H.P. AND OVER 383 SHOULDERING MACHINE (POWER) APSCO OR SIMILAR TYPE INCLUDING SELF-PROPELLED SAND AND CHIP SPREADER 384 STUMP CHIPPER AND TREE CHIPPER 385 TREE FARMER (MACHINE) GROUP6 2014-10-20 27.82 2015-05-01 28.68 17.20 45.02 17.90 46.58 387 CAT, CHALLENGER, OR SIMILAR TYPE OF TRACTORS, WHEN PULLING DISK OR ROLLER 388 CONVEYOR (HIGHWAY AND HEAVY ONLY) 389 DREDGE DECK HAND 390 FIRE PERSON OR TANK CAR HEATER (HIGHWAY AND HEAVY ONLY) 391 GRAVEL SCREENING PLANT (PORTABLE NOT CRUSHING OR WASHING) 392 GREASER (TRACTOR) (HIGHWAY AND HEAVY ONLY) 393 LEVER PERSON 394 OILER (POWER SHOVEL, CRANE, TRUCK CRANE, DRAGLINE, CRUSHERS, AND MILLING MACHINES, OR OTHER SIMILAR HEAVY EQUIPMENT) (HIGHWAY AND HEAVY ONLY) 395 POWER SWEEPER 396 SHEEP FOOT ROLLER AND ROLLERS ON GRAVEL COMPACTION, INCLUDING VIBRATING ROLLERS 397 TRACTOR, WHEEL TYPE, OVER 50 H.P., UNRELATED TO LANDSCAPING TRUCK DRIVERS GROUP 1 2014-10-20 28.10 14.80 42.90 2015-05-01 29.50 14.80 44.30 601 MECHANIC. WELDER 602 TRACTOR TRAILER DRIVER 603 TRUCK DRIVER (HAULING MACHINERY INCLUDING OPERATION OF HAND AND POWER OPERATED WINCHES) GROUP 2 2014-10-20 27.55 14.80 42.35 02/05/15 2015-05-01 28.95 14.80 43.75 604 FOUR OR MORE AXLE UNIT, STRAIGHT BODY TRUCK GROUP 3 2014-10-20 27.45 2015-05-01 28.85 605 BITUMINOUS DISTRIBUTOR DRIVER 606 BITUMINOUS DISTRIBUTOR (ONE PERSON OPERATION) 607 THREE AXLE UNITS GROUP 4 2014-10-20 27.20 2015-05-01 28.60 608 BITUMINOUS DISTRIBUTOR SPRAY OPERATOR (REAR AND OILER) 609 DUMP PERSON 610 GREASER 611 PILOT CAR DRIVER 612 RUBBER -TIRED, SELF-PROPELLED PACKER UNDER 8 TONS 613 TWO AXLE UNIT 614 SLURRY OPERATOR 615 TANK TRUCK HELPER (GAS, OIL, ROAD OIL, AND WATER) 616 TRACTOR OPERATOR, UNDER 50 H.P. SPECIAL CRAFTS 701 HEATING AND FROST INSULATORS 702 BOILERMAKERS 703 BRICKLAYERS 704 CARPENTERS 705 CARPET LAYERS (LINOLEUM) 14.80 42.25 14.80 43.65 14.80 42.00 14.80 43.40 2014-10-20 41.30 19.83 61.13 2014-10-20 32.70 26.42 59.12 2015-01-01 34.10 26.42 60.52 2014-10-20 32.80 19.73 52.53 2014-10-20 34.79 17.28 52.07 2015-05-01 36.35 17.28 53.63 FOR RATE CALL 651-284-5091 OR EMAIL DLLPREVWAGE@SlATE.YN.US 02/05/15 8 706 CEMENT MASONS 2014-10-20 29.35 20.70 50.05 707 ELECTRICIANS 2014-10-20 37.28 25.33 62.61 711 GROUND PERSON 2014-10-20 26.64 12.71 39.35 22.48 62.48 2015-03-30 27.44 13.28 40.72 712 IRONWORKERS 2014-10-20 34.55 22.85 57.40 EMAIL 2015-05-01 36.05 22.85 58.90 713 LINEMAN 2014-10-20 39.76 16.38 56.14 20.61 48.89 2015-03-30 40.95 17.07 58.02 714 MILLWRIGHT 2014-10-20 32.95 19.83 52.78 2015-05-01 34.35 19.83 54.18 715 PAINTERS (INCLUDING HAND BRUSHED, HAND 2014-10-20 32.88 18.56 51.44 SPRAYED, AND THE TAPING OF PAVEMENT MARKINGS) 2015-05-01 34.13 18.56 52.69 716 PILEDRIVER (INCLUDING VIBRATORY DRIVER OR 2014-10-20 34.79 17.28 52.07 EXTRACTOR FOR PILING AND SHEETING OPERATIONS) 2015-05-01 36.35 17.28 53.63 717 PIPEFITTERS . STEAMFITTERS 2014-10-20 41.96 23.43 65.39 719 PLUMBERS 2014-10-20 41.71 20.24 61.95 721 SHEET METAL WORKERS 2014-10-20 40.00 22.48 62.48 2015-05-01 41.70 22.48 64.18 723 TERRAZZO WORKERS FOR RATE CALL 651-284-5091 OR EMAIL DLI PREVWAGE@STATE.MN.US 724 TILE SETTERS 2014-10-20 28.28 20.61 48.89 02/05/15 9 725 TILE FINISHERS 727 WIRING SYSTEM TECHNICIAN 728 WIRING SYSTEMS INSTALLER 729 ASBESTOS ABATEMENT WORKER 730 SIGN ERECTOR 02/05/15 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PREV WAGE @ STATE.MN.US 2014-10-20 35.24 14.03 49.27 2014-10-20 24.67 11.78 36.45 2014-10-20 28.12 15.59 43.71 2015-01-01 29.13 15.96 45.09 FOR RATE CALL 651-284-5091 OR EMAIL DLI.PRRV WAGE @ STATE.MN.US 10 DEPARTMENT OF LABOR AND INDUSTRY May 1, 2012 LABOR STANDARDS UNIT NOTICE OF CERTIFICATION OF TRUCK RENTAL RATES AND EFFECTIVE DATE PURSUANT TO MINNESOTA RULES, PART 5200.1105 On May 1, 2012, the Commissioner of the Department of Labor and Industry ("DLI") certified the minimum truck rental rates for highway projects in the state's ten highway and heavy construction areas for trucks and drivers operating "four or more axle units, straight body trucks," "three axle units," "tractor only" and "tractor trailers." The certification followed publication of the Notice of Determination of Truck Rental Rates in the State Register on March 12, 2012, and the informal conference held pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012. According to Minnesota Rules, part 5200.1105, the purpose of the informal conference is for DLI to obtain further input regarding the proposed rates before the rates are certified. Approximately 18 individuals attended the informal conference. Many of the attendees voiced strong concerns regarding the inadequacy of the proposed rates. Among the concerns raised was the fact that the proposed rates were based on 2010 costs, including the 2010 price of fuel. Speakers indicated that because of the dramatic increase in the price of diesel in recent months, the published rates were far below the operators' current costs. As stated by some attendees: "This year, right now yesterday we were paying $4.10...I know when fuel went up that last time, a lot of us had to eat the cost because there was no way of recouping it." Testimony of Colleen Donovan, Transcript of Informal Conference, pp. 13, 14. Ms. Donavan provided DLI written information that her 2010 average cost for fuel was $2.99 per gallon. "And, like the price of fuel, $4.25, $4.30. That's what it is down by my place, anyway." Testimony of Bob Dornsbach, Transcript of Informal Conference, p. 32. Mr. Bob Dornsbach provided DLI written information that in October 2010 his fuel cost was $3.15 per gallon. In response to the informal conference Jim Lloyd provided written information that his 2010 fuel cost was close to $3.00 per gallon and "now is at $4.00 plus and it does not look like it is going to decrease." After the informal conference, Tom Barnes provided written information that his fuel costs in March 2010 were $2.82 per gallon and that his fuel costs for March 2012 were $4.07 per gallon. Following the informal conference, DLI staff obtained data from the United States Department of Energy ("DOE") regarding the price of diesel during 2010 as compared to current costs.' That data, available at www.eia.doe.gov, show that the average price of diesel during 2010 was $2.964 per gallon. The average price of diesel during January, February, and March 2012 was $3.862 per gallon. Consequently, the average price of diesel for the first three months of this year was 30.4% higher than the average cost of diesel during 2010. The purpose of Minnesota Rules, part 5200.1105, as stated in its Statement of Need and Reasonableness, is to "provide equitable compensation" to independent truck operators. The commissioner fmds that in order to carry out the purpose of the rule, it is appropriate to consider the concerns expressed at the informal conference and to use average 2012 diesel costs in computing and certifying 2012 truck rental rates. Specifically, the commissioner finds that the extreme disparity between 2010 and current fuel costs warrants this adjustment in order for truck operators to be equitably compensated. 3 Construction truck operating costs were initially determined by survey on a statewide basis and were the subject of further input by interested parties attending the informal conference pursuant to Minnesota Rules, part 5200.1105 on April 4, 2012 and further data on fuel prices from the DOE for 2010 and 2012. In light of the discussion above, fuel costs stated in the surveys were adjusted upward by 30.4% to determine statewide operating costs. As a result of this adjustment, the operating cost for "four axle units, straight body trucks" is determined to be $51.58 per hour; the operating cost for "three axle units" is determined to be $37.35 per hour; the operating cost for "tractor only" is determined to be $41.43 per hour; and the operating cost for "tractor trailers" is determined to be $52.89 per hour. Adding the prevailing wage for drivers of these four types of trucks from each of the State's ten highway and heavy construction areas to the operating costs, the minimum 'US. Energy Information Administration Midwest No. 2 Retail Prices (Dollars per Gallon) 2 The DLI has historically used input from the informal conferences to establish certified rates. For example, truck rental rates certified in 2009 varied from the proposed rates based on information gathered at the informal conference. ' The commissioner notes that the Minnesota Department of Transportation incorporates a fuel adjustment clause in certain of its contracts to accommodate the fluctuating price of fuel. That clause generally provides for the adjustment of contract payments when the cost of fuel increases or decreases by more than 15% from an indexed rate during the term of the contract. By using 2012 fuel costs in certifying 2012 truck rental rates, the commissioner is not intending to adopt or establish a similar fuel adjustment mechanism. Rather, he is taking this action to effectuate the purpose of Part 5200.1105 in light of the concerns raised at the informal conference and the dramatic increase in the price of diesel between 2010 and effective date of 2012 buck rental rates. 2 hourly truck rental rate for the four types of trucks in each area is certified to be as follows: 4 or more Axle Units Effective Date 3 Axle Units Operating Cost Truck Rental Rate - Effective Date 607 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.10 37.35 77.45 Region 2 May 1, 2012 33.76 37.35 71.11 Region 3 May 1, 2012 25.40 37.35 62.75 Region 4 May 1, 2012 33.76 37.35 71.11 Region 5 May 1, 2012 40.50 37.35 77.85 Reglan 6 May 1, 2012 38.30 37.35 75.65 Region 7 May 1, 2012 33.76 37.35 71.11 Region 8 May 1, 2012 33.76 37.35 71.11 Region 9 May 1, 2012 40.50 37.35 77.85 Region 10 May 1, 2012 13.22 37.35 50.57 4 or more Axle Units 3 Effective Date 604 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.20 51.58 91.78 Region 2 May 1, 2012 33.91 51.58 85.49 Region 3 May 1, 2012 24.71 51.58 76.29 Region 4 May 1, 2012 33.91 51.58 85.49 Region 5 May 1, 2012 26.34 51.58 77.92 Region 6 May 1, 2012 38.40 51.58 89.98 Region 7 May 1, 2012 20.87 51.58 72.45 Region 8 May 1, 2012 20.87 51.58 72.45 Region 9 May 1, 2012 40.60 51,58 92.18 Region 10 May 1, 2012 32.91 51.58 84.49 3 Plus Trailer Tractor Trail, Tractor Rental Rate 11.46 93.64 11.46 87.31 11.46 Tractor Only 11.46 Effective Date 602 Driver Rate Operating Cost Truck Rental Rate Region 1 May 1, 2012 40.75 41.43 82.18 Region 2 May 1, 2012 34.42 41.43 75.85 Region 3 May 1, 2012 22.37 41.43 63.80 Region 4 May 1, 2012 34.42 41.43 75.85 Region 5 May 1, 2012 21.38 41.43 62.81 Region 6 May 1, 2012 37.95 41.43 79.38 Region 7 May 1, 2012 25.85 41.43 67.28 Region 8 May 1, 2012 34.42 41.43 75.85 Region 9 May 1, 2012 41.15 41.43 82.58 Region 10 May 1, 2012 33.42 41.43 74.85 Plus Trailer Tractor Trail, Operating Cost Rental Rate 11.46 93.64 11.46 87.31 11.46 75.26 11.46 87.31 11.46 74.27 11.46 90.84 11.46 78.74 11.46 87.31 11.46 94.04 11.46 86.31 The operating costs, including the average truck broker fees paid by those survey respondents who reported paying truck broker fees, and the truck rental rates may also be reviewed by accessing DLI's website at www.dli.mn.gov. Questions regarding the operational costs and truck rental rates can be answered by calling (651) 284-5091. The minimum truck rental rates certified for these four types of trucks in the state's ten highway and heavy construction areas, will be effective for all highway and heavy construction projects financed in whole or part with state funds advertised for bid on or after May 1, 2012. 1 -� KEN B. PETERSON COMMISSIONER M Minnesota Department of Transportation Office of Civil Rights EEO Special Provisions Revised 05110 EQUAL EMPLOYMENT OPPORTUNITY (EEO) SPECIAL PROVISIONS This section of Special Provisions contains the Equal Employment Opportunity (EEO) rules and regulations for highway construction projects in Minnesota which are federally and/or State funded. The source of funding determines which EEO regulations and goals (Federal and/or State goals) apply to a specific project. When a project contains funding from both Federal and State sources, both sets of regulations apply, and the Minnesota Department of Transportation (Mn/DOT) monitors and reviews projects at both levels. If the project contains any Federal funding, and has a total dollar value exceeding $10,000, Federal EEO regulations and goals apply (pages 2, 6, 7-8, 9-14, 15, 16-17, 22-26, 27-38). The Mn/DOT Office of Civil Rights monitors and reviews these projects on behalf of the Federal Highway Administration (FHWA), under Federal statutes (23 USC 140) and rules (23 CFR 230). If the project contains any State funding, and has a total dollar value exceeding $100,000, State EEO regulations and goals apply (pages 2, 3, 4, 5, 6, 9-14, 16-22). Mn/DOT's Office of Civil Rights monitors and reviews these projects in conjunction with the Minnesota Department of Human Rights under Minnesota Statutes §363A.36 and its accompanying rules. Mn/DOT has established a single review and monitoring process which meets both Federal and State requirements. Please note that Pages 23-38 of these Special Provisions may be omitted from projects with no Federal funding. CONTENTS Notice of Requirement for Affirmative Action...........................................................................................2 Notice of Pre -Award Reporting Requirements............................................................................................3 Minnesota Affirmative Action Requirements.............................................................................................4 Appropriate Work Place Behavior............................................................................................... Notice to All Prime and Subcontractors: Reporting Requirements ............................................. Specific Federal Equal Employment Opportunity Responsibilities ............................................ Standard Federal and State Equal Employment Construction Contract Specifications .............. Equal Opportunity Clause........................................................................... Minority and Women Employment Goals Chart ......................................... Sample Summary of Employment Activity, Form EEO -12 ........................ Sample Monthly Employment Compliance Report, Form EEO -13 ............ EEO Compliance Review Report ............................................................... On -The -Job Training Program: Trainee Assignment ................................. Certification of On -the -Job Training Hours: Federal -Aid Projects ............. On -the -Job Training (OJT) Program Approval Form ................................. On -the -Job Training (OJT) Program Trainee Termination Form ................ Required Contract Provisions: Federal -Aid Construction Contracts .......... Required Contract Provisions: Federal -Aid Construction Contracts, Appendix A .................. EEO Page 1 in EEO Special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (23 USC 140,23 CFR 230 and Minnesota Statute 363A.36) The offerer's or bidder's attention is called to the "Minnesota Affirmative Action Requirements" (EEO Page 4), the "Specific Federal Equal Employment opportunity Responsibilities" (EEO Pages 7-8), the "Standard Federal and State Equal Employment Opportunity Construction Contract Specifications" (EEO Pages 9-14), the "Equal Opportunity Clause" (EEO Page 15) and "Required Contract Provisions - Federal -Aid Construction Contracts" (EEO Pages 27-37). 2. The goals and timetables for minority and women participation, expressed in percentage terms of hours of labor for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as shown on EEO Pages 16-17. These goals are applicable to all the Contractor's construction work (whether or not it is State or State assisted, Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the regulations in 41 CFR Part 60-4, and/or Minnesota Statutes §363A.36 and its accompanying rules shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) for Federal or federally assisted projects, and Minnesota Statutes §363A.36, and its accompanying rules for State or State assisted projects, and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and women employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and women employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4 for Federal or federally -assisted projects and/or Minnesota Statutes §363A.36 and its accompanying rules for state or state -assisted projects. Compliance with the goals will be measured against the total work hours performed. 3. If the contract is federally funded, the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within ten working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. If the contract is state funded, the Contractor shall provide written notification to the Compliance Division, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E 5th Street, Suite 700, St. Paul, Minnesota 55101 within ten working days of award of any construction subcontract in excess of $100,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county or counties of the State of Minnesota where the work is to be performed. EEO Page 2 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/10 NOTICE TO ALL PRIME AND SUBCONTRACTORS PRE -AWARD REPORTING REQUIREMENTS In order to ensure compliance with Federal and State laws and regulations (23 USC 140, and 23 CFR 230, and Minnesota Statutes §363A.36) and to ensure Mn/DOT's ability to monitor and enforce compliance efforts, the following requirements apply if the apparent low bid exceeds $ 5,000,000.00: 1) The Apparent Low Bidder ("ALB") must provide to Mn/DOT the "EEO -8 Form" (also entitled "EEO Compliance Review Report"), which must provide detail on the contractor's total company workforce in the State of Minnesota during the twelve month period preceding July 30th of the previous year (Office and/or clerical personnel need not to be included). 2) The ALB must provide to Mn/DOT a work plan for meeting the minority and women employment goals established by the Minnesota Department of Human Rights, for the project in question. The work plan must include, at a minimum (1) how the ALB will incorporate its current minority and women employees in the ALB's efforts to meet the established goals; and (2) a contingency plan if the ALB has determined that its current workforce is not sufficient in order to achieve the established employment goals. If the ALB relies in whole or in part upon unions as a source of employees, then the ALB must (1) include a list of established organizations that are likely to yield qualified minority and women candidates if those union(s) are unable to provide a reasonable flow of minority and women candidates in their work plan; and (2) document the method by which these organizations will refer candidates to the ALB for employment opportunities. All bidders are hereby notified that the U.S. Department of Labor has determined that a contractor will not be excused from complying with the Federal and State laws and regulations cited above based solely on the fact that a contractor has a collective bargaining agreement with a union providing for the union to be the exclusive source of referral and that the union failed to refer minority employees. A contractor may obtain a list of organizations likely to yield qualified minority and women candidates from the Mn/DOT Office of Civil Rights. 3) The ALB must provide to Mn/DOT the ALB'S total workforce and labor projections for the project (represented in hours), the ALB'S projected total number of minority hours for the project, and the ALB'S projected total number of women hours for the project. The details must include the trade(s) that will be utilized in order to complete the project. The ALB must submit documents as required to comply with this section no later than five business days after the date that bids for the contract are opened. The five day period starts the business day following the date that bids were opened. The required documents must be received prior to Contract Award, and must be sent to the Mn/DOT Office of Civil Rights — 395 John Ireland Blvd., Mail Stop 170 St. Paul, MN 55155-1899. Submittal of the documents described in (1), (2) and (3) is required for contract award to the ALB. The submitted documents will be used as a tool to assist contractors in meeting employment goals; the content itself will not be evaluated for the purpose of determining contract award. EEO Page 3 EEO Special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights MINNESOTA AFFIRMATIVE ACTION REQUIREMENTS It is hereby agreed between the parties to this contract that Minnesota Statutes, Section §363A.36, and its accompanying toles are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statutes, Section §363A.36, and its accompanying rules is available upon request from the contracting agency. The Contractor hereby agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. It is hereby agreed between the parties to this contract that this agency requires that the Contractor meet affirmative action criteria as provided for by Minnesota Statutes §363A.36 and its accompanying rules. It is the intent of the Minnesota Department of Transportation to fully carry out its responsibility for requiring affirmative action, and to implement sanctions for failure to meet these requirements. Failure by a contractor to implement an affirmative action plan, meet project employment goals for minority and women employment or make a good faith effort to do so may result in revocation of his/her Certificate of Compliance or suspension or revocation of the contract (Minnesota Statutes §363A.36). 3. Under the affirmative action obligation imposed by the Human Rights Act, Minnesota Statutes, Section §363A.36, contractors shall take affirmative action to employ and advance in employment minority, female, and qualified disabled individuals at all levels of employment. Affirmative action must apply to all employment practices, including but not limited to hiring, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor shall recruit, hire, train and promote persons in all job titles, without regard to race, color, creed, religion, sex, national origin, marital status, status with regard to public assistance, physical or mental disability, sexual orientation or age except where such status is a bona fide occupational qualification. These affirmative action requirements of the Minnesota Human Rights Act are consistent with but broader than the Federal requirements as covered in this contract. 4. Affirmative Action for disabled workers. The Contractor shall not discriminate against any employee or applicant for employment because of a physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training (including apprenticeship). In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minnesota Statutes, section §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights pursuant to the Minnesota Human Rights Act. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment minority, women and qualified disabled employees and applicants for employment, and the rights of applicants and employees. A poster entitled "Contractor Non-discrimination is the Law" may be obtained from: Compliance Unit, Minnesota Department of Human Rights, Army Corps of Engineers Centre, 190 E. 5th Street, Suite 700, St. Paul, Minnesota 55101. (651) 296-5663, TTY 296-1283, Toll Free 1-800-657- 3704. 6. The Contractor shall notify each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Minnesota Statutes, section §363A.36 of the Minnesota Human Rights Act, and is committed to take affirmative action to employ and advance in employment minority, women and qualified physically and mentally disabled individuals. EEO Page 4 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05110 APPROPRIATE WORK PLACE BEHAVIOR ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS It is the Minnesota Department of Transportation's (Mn/DOT's) policy to provide a workplace free from violence, threats of violence, harassment and discrimination. Mn/DOT has established a policy of zero tolerance for violence in the workplace. Contractors who perform work on Mn/DOT construction projects, or local government entities or public agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence, harassment and discrimination (See definitions, below). Definitions: 1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury, suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or threat. 2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1) unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or offensive work environment. Harassment is not legitimate job-related efforts of supervisor to direct/evaluate an employee or to have an employee improve work performance. A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or retaliatory action against employees who make complaints of sexual harassment. Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when submission to that conduct or communication is 1) made a term or condition, either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions affecting an individual's employment; or 3) when that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive work environment, and the employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples include but are not limited to insulting or degrading sexual remarks or conduct; threats, demands or suggestions that status is contingent upon toleration or acquiescence to sexual advances; displaying in the workplace sexually suggestive objects, publications or pictures, or retaliation against employees for complaining about the behavior cited above or similar behaviors. B. General harassment is harassment which is not based on the above characteristics. Examples may include, but are not limited to: physically intimidating behavior and/or threats of violence; use of profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person; inappropriate assignments of work or benefits; derogatory name calling. 3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject to unequal treatment. Prime Contractors who work on Mn/DOT projects shall ensure that their managers, supervisors, foremen/women and employees are familiar with Mn/DOT's policy on appropriate work place behavior; and shall ensure that their subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently held and debarment from further such contracts or subcontracts as provided by statute. If you need additional information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073. EEO Page 5 EEO special Provisions Minnesota Department of Transportation Revised 05110 Office of Civil Rights NOTICE TO ALL PRIME AND SUBCONTRACTORS REPORTING REQUIREMENTS In order to monitor compliance with Federal Statutes 23 USC 140 and 23 CFR 230, and Minnesota Statutes §363A.36, all prime contractors and subcontractors are required to complete a Mn/DOT Monthly Employment Compliance Report each month for each project (Form EEO -13, sample copy at EEO Pages 20-21.) Prime contractors are also required to complete a Contractor Employment Data Report (Form EEO -12, sample copy at EEO Pages 18-19) once prior to work commencing on the project, unless one has been completed already within the calendar year. The prime contractor of each project collects Monthly Employment Compliance Reports from each subcontractor who performed work during the month, and completes a Monthly Employment Compliance Report on its own work force. For the month of July only, an EEO -13 is required for each payroll period within the month of July. The prime contractor submits the EEO -13 forms to the Mn/DOT Project Engineer by the 15th day of the subsequent month. Failure to submit the required reports in the allowable time frame will be cause for the imposition of contract sanctions. It is the intent of Mn/DOT to implement monitoring measures on each project to ensure that each prime contractor and subcontractor is promoting the full realization of equal employment opportunities. Any project may be scheduled for an in depth on-site contract compliance review. During the scheduled on-site review, the Contractor will be required to provide to Mn/DOT documentation of its "good faith efforts" as shown in EEO Pages 10-13, at 7 a -p of this contract. 2. If a Federally funded project requires On -the -Job -Training (OJT) participation, information is provided in the contract and can be located by referring to the Table of Contents for Division S. (OJT is also listed as a bid line item under Trainees.) When a contract requires OJT participation, the Prime Contractor shall submit a training plan as indicated in the Proposal. The training plan shall include the job classification titles of trainees, planned training activities and the approximate start date of trainees. 3. When a Contractor selects a trainee applicant for OJT, the Contractor completes an On the Job Training Program - Trainee Assignment form (sample copy at EEO Page 23) and submits it to the Contract Compliance Specialist (CCS) assigned to the project for approval. The CCS notifies the Contractor and Project Engineer when the applicant is approved. 4. Hours of work performed by OJT employees shall be documented on a monthly basis on the Certification of On - The -Job Training Hours form, (Mn/DOT Form No. 21860, sample copy at EEO Page 24). The Contractor shall submit the original and one copy to the Project Engineer, and one copy to the CCS assigned to the project. Do not remove forms from this contract. Please duplicate forms from the copies in this contract, or the Mn/DOT Office of Civil Rights will provide these forms upon request. Please call the Office of Civil Rights, (651) 366-3073. EEO Page 6 SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (23 CFR 230, Subpart A, Appendix A, FAPG June 6, 1996) 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to assure equal opportunity as required by Executive Order 11246 and Executive Order 11375 are set forth in Required contract Provisions (Form PR -1273 or 1316, as appropriate) and these Special Provisions which are imposed pursuant to Section 140 of title 23, U.S.C., as established by Section 22 of the Federal -Aid Highway Act of 1968. The requirements set forth in these Special Provisions shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the Required Contract Provisions. b. The contractor will work with the State highway agencies and the Federal Government in carrying out equal employment opportunity obligations and in their review of his/her activities under the contract. c. The contractor and all his/her subcontractors holding subcontracts not including material suppliers, of $10,000 or more, will comply with the following minimum specific requirement activities of equal employment Opportunity: (The equal employment opportunity requirements of Executive Order 11246, as set forth in volume 6, Chapter 4, Section 1, Subsection I of the Federal -Aid Highway program Manual, are applicable to material suppliers as well as contractors and subcontractors.) The contractor will include these requirements in every subcontract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy. The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote their full realization of equal employment through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designateand make known to State highway agency contracting officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate authority and responsibility to do so. 4. Dissemination of Policy. a. All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action will be made fully cognizant of, and will implement, the contractors equal employment opportunity policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: (1). Periodic meetings of supervisory and personnel office staff will be conducted before the start of work and then not less often than once every six months, at which time the contractor's equal employment opportunity policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. (2). All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer or other knowledgeable company official, covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3). All personnel who are engaged in direct recruitment for the project will be instructed by the EEO officer or appropriate company official in the contractor's procedures for locating and hiring minority group employees. b. In order to make the contractor's equal employment policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1). Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. (2). The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. EEO Page 7 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation "An Equal Opportunity Employer." All such advertisements will be published in newspapers or other publications having a large circulation among minority groups in the area from which the project work force would normally be derived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State employment agencies, schools, colleges and minority group organizations. To meet this requirement, the contractor will, through his/her EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment opportunity contract provisions. (The U.S. Department of Labor has held that where the implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. Personnel Actions. Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, or national origin. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do, not indicate discriminatory treatment of project site personnel. 'Special provisions Minnesota Department of Transportation ;edO5/10 Office of EEO Contract Management SPECIFIC FEDERAL EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES (con=t) b. The contractor will periodically evaluate the spread of wages paid within mch classification to determine any :vidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to Jetennine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take ,orrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 1. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his/her obligations under this contract, will dtempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other :ban the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the .ontractor will inform every complainant A all his avenues of appeal. 7. Training and Promotion. A. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees and applicants for employment. Y. Consistent with the contractor's work rorce requirements and as permissible under Federal and State regulations, the ;ontractor shall make full use of training )rograms, i.e. apprenticeship, and on-the- job training programs for the geographical area of contract performance. Where .'easible, 25 percent of apprentices or rainees in each occupation shall be in their first year of apprenticeship or training. In the event the Training Special ?rovision is provided under this contract, .his subparagraph will be superseded as indicated in Attachment 2. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The Contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. S. Unions. If a contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group members and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the State highway department and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The U.S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the State highway agency. 9. Subcontracting. a. The contractor will use his best efforts to solicit bids from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of minority-owned construction firms from EEO Page 8 State highway agency personnel. b. The contractor will use his best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports: a. The contractor shall keep such records as necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) The number of minority and non minority group members and women employed in each work classification on the project. (2) The progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractor's who rely in whole or in part on unions as a source of their work force), (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees, and (4) The progress and efforts being made in securing the services of minority group subcontractors with meaningful minority and female representation among their employees. b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State highway agency and the Federal Highway Administration. c. The contractors will submit an annual report to the State highway agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by a "Training Special Provision", the contractor will be required to famish Form FHWA 1409. Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05/10 STANDARD FEDERAL AND STATE EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 and Minnesota Statutes 363A.36) Unless noted, the following apply to both Federal/federally assisted projects and State/state assisted projects. Item 3 applies to Federal/federally assisted projects only As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer Identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 ($100,000 for State projects) the provisions of these specifications and the Notice which contains the applicable goals for minority and women participation and which is set forth in the solicitations from which this contract resulted. If the Contractor is participating (pursuant to 41 CFR 60-4, 5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work on the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) to (p) of these specifications (itemized as 4 [a] to [o], Minnesota Rules EEO Page 9 EEO special Provisions Minnesota Department of Transportation 3evised 05110 Office of Civil Rights, STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 5000.3535). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minorities and utilization the Contractor should (shall, for State or state assisted projects) reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor shall make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Federal goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of Federal Contract Compliance programs or from Federal procurement contracting officers. State goals are published periodically in the State Register in notice form, and may be obtained from the Minnesota Department of Human Rights or the Minnesota Department of Transportation Office of Civil Rights. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union, with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications and Executive Order 11246 and its associated rules and regulations for Federal or federally assisted projects, and Minnesota Statutes, Section §363A.36 of the Minnesota Human Rights Act, or the rules adopted under the Act for State or state assisted projects. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained according to training programs approved by the Minnesota Department of Human Rights, the Minnesota Department of Labor and Industry, or the United States Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications must be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following (referred to in Minnesota Rules 5000.3535 as items 4(a) to (o): (a) Ensure and maintain, or for State or state assisted projects make a good faith effort to maintain, a working environment free of harassment, intimidation, and coercion at all sites and in all facilities at which the Contractor's employees are assigned to work. For EEO Page 10 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/1 o STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) Federal or federally assisted projects, the Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or women individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and women recruitment sources, provide written notification to minority and women recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and woman off -the -street applicant and minority or woman referral from a union, a recruitment source, or community organization and of what action was taken with respect to each individual. If the individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the commissioner of the Minnesota Department of Human Rights for State or state assisted projects, or the director of the Office of Federal Contract Compliance for Federal or federally assisted projects, when the union, or unions with which the Contractor has a collective bargaining agreement, has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the State of Minnesota for State or state assisted projects or the Department of Labor, for Federal or federally assisted projects. The Contractor shall provide notice of these programs to the sources compiled under (b). (f) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its equal employment opportunity obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and women employees at least once a year; and by posting the company equal employment opportunity policy on bulletin boards accessible to all employees at each location where construction work is performed. EEO Page 11 ,EO Special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (g) Review, at least annually, the company's equal employment opportunity policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions; including specific review of these items with onsite supervisory personnel such as superintendents, general foremen, etc., prior to the first day of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's equal employment opportunity policy externally by including it in any advertising in the news media, specifically including minority and women news media, and providing written notification to and discussing the Contractor's equal employment opportunity policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, women, and community organizations; to schools with minority and women students; and to minority and women recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and women employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and women youth, both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (This requirement applies only to Federal and federally assisted projects.) (1) Conduct, at least annually, an inventory and evaluation at least of all minority and women personnel for promotional opportunities; and encourage these employees to seek or to prepare for, through appropriate training, such opportunities. (This is Item 4(k) in Minnesota Rules.) (m) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. (This is item 4(l) in Minnesota Rules.) EEO Page 12 Minnesota Department of Transportation EEO special Provisions Office of Civil Rights Revised 05/10 STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) (n) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (This is item 4(m) in Minnesota Rules.) (o) Document and maintain a record of all solicitations or offers for subcontracts from minority and women construction contractors and suppliers, including circulation of solicitations to minority and women contractor associations and other business associations. (This is item 4(n) in Minnesota Rules.) (p) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment opportunity policies and affirmative action obligations. (This is item 4(o) in Minnesota Rules.) 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) to (p) for Federal or federally assisted projects, and 4(a) -(o) for State or state assisted projects). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) to (p) or 4(a) to (o) of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and women work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups both male and female, and all women both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order for Federal or federally assisted projects, or Minnesota Rules for State or state assisted projects, if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order or Minnesota Rules part 5000.3520 if a specific minority group is under-utilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, creed, religion, sex, or national origin. Minnesota Statutes §363A.36, part 5000.3535 (Subp. 7) also prohibits discrimination with regard to marital status, status with regard to public assistance, disability, age, or sexual orientation. EEO Page 13 EEO Special Provisions Minnesota Department of Transportation devised 05/10 Office of Civil Rights STANDARD FEDERAL AND STATE EEO CONSTRUCTION CONTRACT SPECIFICATIONS (con't) 11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts under the federal Executive Order 11246 or a local human rights ordinance, or whose certificate of compliance has been suspended or revoked pursuant to Minnesota Statutes, Section §363A.36. 12. The Contractor shall carry out such sanctions for violation of these specifications and of the equal opportunity clause, including suspension, termination, and cancellation of existing contracts as may be imposed or ordered pursuant to Minnesota Statutes, Section §363A.36, and its implementing rules for State or state assisted projects, or Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs for Federal or federally assisted projects. Any contractor who fails to carry out such sanctions shall be in violation of these specifications and Minnesota Statutes, Section §363A.36, or Executive Order 11246 as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications (paragraph 4 in Minnesota Rules 5000.3535), so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of these Specifications or Minnesota Statutes, Section §363A.36 and its implementing rules, or Executive Order 11246 and its regulations, the commissioner or the director shall proceed in accordance with Minnesota Rules part 5000.3570 for State or state assisted projects, or 41 CFR 60-4.8 for Federal or federally assisted projects. 14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Minnesota Department of Human Rights or the Government, and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (for example, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing provided in this part shall be construed as a limitation upon the application of other state or federal laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents. EEO Page 14 Minnesota Department of Transportation special Provisions Office of Civil Rights Revised 05/10 EQUAL OPPORTUNITY CLAUSE (41 CFR Part 60-1.4 b, 7-1-96 Edition) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Highway Agency (SHA) setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965, and of the rules, regulations (41 CFR Part 60), and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 and by rules, regulations, and orders of the Secretary of Labor, pursuant thereto, and will permit access to its books, records, and accounts by the Federal Highway Administration (FHWA) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract, or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or federally -assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor, unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246. The Contractor will take such action with respect to any subcontract or purchase order as the Secretary of Labor, SHA, or the Federal Highway Administration (FHWA) may direct as a means of enforcing such provisions, including sanctions for noncompliance. In the event a contractor becomes a party to litigation by a subcontractor or vendor as a result of such direction, the contractor may request the SHA to enter into such litigation to protect the interest of the State. In addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will famish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. EEO Page 15 EEO Special Provisions Minnesota Department of Transportation Revised 05/10 Office of Civil Rights Minority and Women Employment Goals County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Aitkin 2.2% 6.9% 5% 6% Anoka 2.9% 6.9% 11% 6% Becker 0.7% 6.9% 6% 6% Beltrami 2.0% 6.9% 6% 6% Benton 0.5% 6.9% 3% 6% Big Stone 2.2% 6.9% 4% 6% Blue Earth 2.2% 6.9% 4% 6% Brown 2.2% 6.9% 4% 6% Carlton 1.2% 6.9% 5% 6% Carver 2.9% 6.9% 11% 6% Cass 2.2% 6.9% 6% 6% Chippewa 2.2% 6.9% 4% 6% Chisa o 2.9% 6.9% 3% 6% Clay 0.7% 6.9% 6% 6% Clearwater 2.0% 6.9% 6% 6% Cook 1.2% 6.9% 5% 6% Cottonwood 0.8% 6.9% 4% 6% Crow Wing 2.2% 6.9% 6% 6% Dakota 2.9% 6.9% 11% 6% Dodge 0.9% 6.9% 4% 6% Douglas 2.2% 6.9% 6% 6% Faribault 2.2% 6.9% 4% 6% Fillmore 0.9% 6.9% 4% 6% Freeborn 0.9% 6.9% 4% 6% Goodhue 2.2% 6.9% 4% 6% Grant 2.2% 6.9% 6% 6% Hennepin 2.9% 6.9% 11% 6% Houston 0.6% 6.9% 4% 6% Hubbard 2.0% 6.9% 6% 6% Isanti 2.2% 6.9% 3% 6% Itasca 1.2% 6.9% 5% 6% Jackson 0.8% 6.9% 4% 6% Kanabec 2.2% 6.9% 3% 6% Kandi ohi 2.2% 6.9% 3% 6% Kittson 2.0% 6.9% 6% 6% Koochiching 1.2% 6.9% 5% 6% Lac Qui Parle 2.2% 6.9% 4% 6% Lake 1.2% 6.9% 5% 6% Lake the Woodss 2 0% 6.9% 6% 6% Le Sueur 2.2% 6.9% 4% 6% Lincoln 0.8% 6.9% 4% 6% Lyon 0.8% 6.9% 4% 6% EEO Page 16 Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05110 County Federal Goals State Goals Minority Goal Women Goal Minority Goal Women Goal Mahnomen 2.0% 6.9% 6% 6% Marshall 2.0% 6.9% 6% 6% Martin 2.2% 6.9% 4% 6% McLeod 2.2% 6.9% 3% 6% Meeker 2.2% 6.9% 3% 6% Mille Lacs 2.2% 6.9% 3% 6% Morrison 2.2% 6.9% 6% 6% Mower 0.9% 6.9% 4% 6% Murray0.8% 6.9% 4% 6% Nicollet 2.2% 6.9% 4% 6% Nobles 0.8% 6.9% 4% 6% Norman 2.0% 6.9% 6% 6% Olmsted 1.4% 6.9% 4% 6% Otter Tail 2.2% 6.9% 6% 6% Pennington 2.0% 6.9% 6% 6% Pine 1 2.2% 6.9% 3% 6% Pi estone 0.8% 6.9% 4% 6% Polk 1.2% 6.9% 6% 6% Poe 2.2% 6.9% 6% 6% Ramsey 2.9% 6.9% 11% 6% Red Lake 2.0% 6.9% 6% 6% Redwood 0.8% 6.9% 4% 6% Renville 2.2% 6.9% 3% 6% Rice 2.2% 6.9% 4% 6% Rock 0.8% 6.9% 4% 6% Roseau 2.0% 6.9% 6% 6% Scott 2.9% 6.9% 11% 6% Sherburne 0.5% 6.9% 3% 6% Sibley 2.2% 6.9% 4% 6% St. Louis 1.0% 6.9% 5% 6% Steams 0.5% 6.9% 3% 6% Steele 0.9% 6.9% 4% 6% Stevens 2.2% 6.9% 6% 6% Swift 2.2% 6.9% 4% 6% Todd 2.2% 6.9% 6% 6% Traverse 2.2% 6.9% 6% 6% Wabasha 0.9% 6.9% 4% 6% Wadena 2.2% 6.9% 6% 6% Waseca 2.2% 6.9% 4% 6% Washington 2.9% 6.9% 11% 6% Watonwan 2.2% 6.9% 4% 6% Wilkin 0.7% 6.9% 6% 6% Winona 0.6% 6.9% 4% 6% Wright 2.9% 6.9% 3% 6% Yellow Medicine 2.2% 6.9% 4% 6% EEO Page 17 If You have submitted this form at any time during this calendar year, von do not need to submit another one. Minnesota Department of Transportation Office of Civil Rights Contractor Employment Data 1. Contractor Name and Address: Phone: 2. Employment Data a) Name: Last Name, First Name, MI b) Social Security # c) New Hire d) Ethnicity e) Gender f) Trade/Foreman, g) Level (Y or N) (M or F) Supervisors, Managers (A, J, or T) I. 2. 3. 4. 5. 6. 7. 8. 9. I U. 11, 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. If You have submitted this form at any time during this calendar year, von do not need to submit another one. Minnesota Department of Transportation Special Provisions Office of Civil Rights Revised 05/10 INSTRUCTIONS FOR EEO -12 CONTRACTOR EMPLOYMENT DATA This form should be submitted at the Pre -Con to the Project Engineer prior to the start of your first Mn/DOT construction project for the calendar year. (Prime and Subs) Contractor Name and Address self-explanatory. 2. Employment Data information will coincide with your employment records. 2a. Name should be listed First Name, Middle Initial, and Last Name. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 2b. Social Security Number self-explanatory. 2c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 2d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (Al), Asian/Pacific Islander (AP), or White (W). 2e. Gender is to be indicated with an "M" for Males or an "F" for Females. 217. Trade/Foreman, Supervisors, Managers self-explanatory. List trade that applies unless the employee fits one of the other three categories. 2g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact Mn/DOT's Office of Civil Rights at (651) 366-3321. If you have submitted this form at any time during this calendar year, you do not need to submit another one. iO Special Provisions Minnesota Department of Transportation wised 05/10 Office of Civil Ri lits EEO -13 Rev. 05110 M Minnesota Department of Transportation Office of Civil Rights Monthly Employment Compliance Report EEO -13 1. SP ❑ El 3. Contractor Name: 4. Prime E]SAP Subcontractor ❑ (Check one) Federal Tax ID: SP# (check one) 5. Dollar Amount of Contract: County or City Street Address: 2. Reporting Period City, State Zip to 6. Percent of Completion: 7. Employment Data a) Name: Last, Firs[ Middle Initial b) c) Social Security # New Hire Y or N d) e) Gender Ethnicity M or F) Tradeg) h) Hours Super Foreman, Supervisors, Managers Level Worked (A, J or 7) This Period 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 8. Contract Goals MINNESOTA GOALS %OBTAINED Minority % women % 9. Prepared by: (Signature) 10. Reviewed by: (Signature) Print Name: Print Name: Title: Title: Date: Date: Phone: Fax: Phone: Fax: EEO Page 20 EEO -13 Rev. 05110 INSTRUCTIONS FOR EEO -13 MONTHLY EMPLOYMENT COMPLIANCE REPORT L-5. Self-explanatory — State Project #, county project is located in, are you a prime or sub, and contract value. 6. Percent of Completion is the estimated percentage of work completed including this reporting period. Employment Data information will coincide with your employment records. All professional, supervisory and managerial hours actually worked on the project site must be included, whether or not they appear on the certified payroll. 7a. Name should be listed Last Name, First Name, and Middle Initial. This will enable Mn/DOT EEO staff to readily identify individuals on all projects. 7b. Social Security Number self-explanatory. 7c. New Hire is to be indicated with a "Y" for Yes or an "N" for No. "New Hire" is an employee who has not worked for you in any capacity or on any other project within the current calendar year. 7d. Ethnicity can be indicated by Black (B), Hispanic (H), American Indian/Alaskan Native (AI), Asian/Pacific Islander (AP), or White (W). 7e. Gender is to be indicated with an "M" for Males or an "F" for Females. 7f. Trade/Foreman, Supervisors, Managers list the trade that applies unless the employee fits one of the other three categories. 7g. Level "A" is for an Apprentice, "J" is for a Journey Worker, and "T" is for a Mn/DOT approved Trainee. 7h. Hours Worked for This Period will be all hours worked by the individual, for each trade, during the specified reporting period. 8. Contract Goals are the percent of total project hours to be worked by minority and women employees. The goals are determined by the geographic location and source of funding for the project. Projects in excess of $100,000 with any State funding must meet the State Employment Goals. Projects in excess of $10,000 with any Federal funding must meet the Federal Employment Goals. (See chart on EEO Pages 15-16.) Minority and women employee hours shall be distributed evenly throughout the length of the project and in every trade and craft that performs work on the project. % Obtained is the percent of the total project hours worked by minority and women employees, up to and including this reporting period. 9. Prepared by Contractor Designee is the signature of the prime or subcontractor's EEO officer/designee. 10. Reviewed by Project Engineer is the signature of the Mn/DOT staff monitoring the project. If you have questions about filling out this form, contact the Office of Civil Rights at (651) 366-3073. (Please make copies as you need them.) This information can be submitted electronically via the web, through Mn/DOT's Work force Information Tracking Initiative (WITI) Program. To open a free account to gain access to WITI or to find out more about this possibility please contact Mn/DOT's Office of Civil Rights at (651) 366-3321. EEO Page 21 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO -8 OFFICE OF CIVIL RIGHTS Revised 5/10 EEO COMPLIANCE REVIEW REPORT Total Company Workforce in the State of Minnesota (For 12 Month Period Preceding July 30' of the previous year) Name and Address of Contractor Name and Title of Corporate Officer Name of EEO Officer Job Categories Total Employees Total Minorities Blacks Asian/ Pacific Is. American Indian Hispanic On -the -Job Trainees M F M F MIF M F M F M F M F Officials (Mangers) Supervisors Foremen/Women Clerical (field) Equipment Operators Mechanics Truck Drivers Iron Workers Carpenters Cement Masons Electricians Pipefitters & Plumbers Painters Laborers Total On -the -Job Trainees EEO Page 22 SP #: Project Engineer: Prime Contractor: Address: City: EEO Officer: Training Con Address: City: EEO Officer: Tel: EEO -5 05110 MINNESOTA DEPARTMENT OF TRANSPORTATION ON-THE-JOB TRAINING PROGRAM TRAINEE ASSIGNMENT Location Phone: Phone: State: Project Manager: Phone: ( ) State: Project Manager: TRAINEE Job Title or Trade Classification: Name: Number of Training Hours on this Project: S.S.#: Address: Phone: ( ) City: State: EEO Officer: Project Manager: Tel: Approximate Start Date: Approximate Completion Date: Is the trainee a member of a certified apprenticeship program? If YES, verify with Apprenticeship Form or Indenture Number: Zip: District: Zip: 1. Ethnic Background: Hispanic , Black ; Asian/Pacific Islander ; White , Am. Ind/Alaskan (Verify with Tribal I.D. # or Affiliation 2. Male; Female; EEO Page 23 Mn/DOT 21860 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CMI- RIGHTSCERTIFICATION OF ON-THE-JOB TRAINING HOURS FEDERAL -AID -PROJECTS EEO -6 05/10 AMOUNT OF CLAIM HOURS @ PER HOUR = $ Progress of Trainee(s) []Excellent ❑Very Good ❑Good ❑Below Good COMMENTS (Please detail any supplementary training offered): CONTRACTOR: The undersigned contractor hereby certifies that the listed employees are bonafide trainees as required by the On - the -Job Training Special Provision and that they have worked the hours as reported above. Contractor Signature/Title Date PROJECT ENGINEER: 1 hereby certify that the On -the -Job training hours reported above have been reviewed and found correct. Engineer Signature/Title Date EEO Page 24 vowesor o . Minnesota Department of Transportation EEO Special Provisions 4y n D F Office of Civil Rights Revised 05/10 On -the -Job Training (OJT) Program Approval Form The Special Provisions of the contract clearly indicate that training and upgrading of minorities and women toward Journey worker status is the primary objective of the training provisions. We,I , submit the following training program for Trade for approval. (Nameof Cono-actoo I. Project Information Contractor Name S.P.# County Prime Sub Address city State Zi Contact Person/ EEO Officer Phone # e-mail address Project Goals Trainees Hours 11. Protect TCaininn Plan Information Trade # of Trainees Projected Hourly Estimated Estimated Recruiting Resource Assignment Start Date End Date per Trainee III. Contractor Acknowledgment Statement. I understand and will comply fully with the plans and specifications under which this training is being performed, and will report subsequent revisions to the training program as changes occur. IV. Instruction for the Contractor. The contractor's proposed training programs must be documented on this form and submitted as indicated in the Proposal. Your Company's compliance with this specification will factor into any and all employment related "Good Faith Effort" determinations. EEO Page 25 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS F�©'AWES °°y On- the -Job Training Program Trainee Termination Form OF iFP EEO Special Provisions Revised 05/10 Contractor Name County Prime Sub Address city State Zi EEO Officer Phone # e-mail address Trainee Name Phone # Social Securi No. Address Citv State Zi Race/Ethnicity ❑ Hispanic ❑ White ❑ Asian ❑Black ❑ American Indian ❑ Other Gender Classification/Trade S.P. # ❑Female ❑Male Start Date Termination Date HounAssigned Hrs Completed Reason for Termination/Separation/Layoff: ❑ Construction phase completed ❑Death []Fired lease explain below ❑Illness/health problems ❑Lack of transportation and /or travel distance ElMilitary duty ❑Relocated ❑Personal ❑ uit to work for another company ❑ Other lease explain below Please provide comments: Contractor's Representative Signature Title Date :MAIL or Fax THE ORIGINAL and MAINTAIN COPY: 395 John Ireland Boulevard St. Paul, MN 55155-1899 Office of Civil Rights M.S. 170 On -The —Job Training Coordinator Fax # 651/366-3129 EEO Page 26 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS Form -1273 (52 FR 36920 October 2 1987 revised October 21 1993 FHWA Electronic Version March 10, 1994) 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g: 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. EEO Special Provisions Revised 05110 Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity m set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." EEO Page 27 Page 1. General................................................................ EEO -27 II. Nondiscrimination............................................... EEO -27 III. Non -segregated Facilities .................................... EEO -29 IV. Payment of Predetermined Minimum Wage.................................................................. EEO -30 V. Statements and Payrolls ....................................... EEO -33 VI. Record of Materials, Supplies, and Labor.................................................................. EEO -33 VII. Subletting or Assigning the Contract ................... EEO -34 VIII. Safety: Accident Prevention ................................ EEO -34 IX. False Statements Concerning Highway Projects................................................................ EEO -34 X. Implementation of Clean Air Act and Federal Water Pollution Control Act .................. EEO -35 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion............................................................. EEO -35 XII. Certification Regarding Use of Contract Funds for Lobbying ............................................. EEO -37 Appendix A ......................................................... EEO -38 L GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g: 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. EEO Special Provisions Revised 05110 Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity m set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." EEO Page 27 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF CIVIL RIGHTS Revised 05110 REQUIRED CONTRACT PROVISIONS (can't) 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under EEO Page 28 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (can't) this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection EEO Special Provisions Revised 05/10 and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form PR -1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the fine EEO Page 29 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the tern "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will bepaid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under EEO Special Provisions Revised 05/10 Section l(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers andtmechmics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 - day period that additional time is necessary. EEO Page 30 Minnesota Department of Transportation EEO Special Provisions Office of Civil Rights Revised 05/10 REQUIRED CONTRACT PROVISIONS (con't) d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the (2) The allowable ratio of apprentices tojoumeyman- additional classification or their representatives, and the level employees on the job site in any craft classification contracting officer do not agree on the proposed shall not be greater than the ratio permitted to the classification and wage rate (including the amount contractor as to the entire work force under the registered designated for fringe benefits, where appropriate), the program. Any employee listed on a payroll at an contracting officer shall refer the questions, including the apprentice wage rate, who is not registered or otherwise views of all interested parties and the recommendation of employed as stated above, shall be paid not less than the the contracting officer, to the Wage and Hour Administrator applicable wage rate listed in the wage determination for for determination. Said Administrator, or an authorized the classification of work actually performed. In representative, will issue a determination within 30 days of addition, any apprentice performing work on the job site receipt and so advise the contracting officer or will notify in excess of the ratio permitted under the registered the contracting officer within the 30 -day period that program shall be paid not less than the applicable wage additional time is necessary rate on the wage determination for the work actually e. The wage rate (including fringe benefits where performed. Where a contractor or subcontractor is appropriate) determined pursuant to paragraph 2c or 2d of performing construction on a project in a locality other this Section IV shall be paid to all workers performing work than that in which its program is registered, the ratios and in the additional classification from the first day on which wage rates (expressed in percentages of the journeyman - work is performed in the classification. level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. 3. Payment of Fringe Benefits: (3) Every apprentice must be paid at not less than the rate a. Whenever the minimum wage rate prescribed in the specified in the registered program for the apprentice's contract for a class of laborers or mechanics includes a level of progress, expressed as a percentage of the fringe benefit which is not expressed as an hourly rate, the joumeyman-level hourly rate specified in the applicable contractor or subcontractors, as appropriate, shall either pay wage determination. Apprentices shall be paid fringe the benefit as stated in the wage determination or shall pay benefits in accordance with the provisions of the another bona fide fringe benefit or an hourly case equivalent apprenticeship program. If the apprenticeship program thereof. does not specify fringe benefits, apprentices must be paid b. If the contractor or subcontractor, as appropriate, does not the full amount of fringe benefits listed on the wage make payments to a trustee or other third person, he/she determination for the applicable classification. If the may consider as a part of the wages of any laborer or Administrator for the Wage and Hour Division mechanic the amount of any costs reasonably anticipated in determines that a different practice prevails for the providing bona fide fringe benefits under a plan or program, applicable apprentice classification, fringes shall be paid provided, that the Secretary of Labor has found, upon the in accordance with that determination, written request of the contractor, that the applicable (4) In the event the Bureau of Apprenticeship and standards of the Davis -Bacon Act have been met. The Training, or a State apprenticeship agency recognized by Secretary of Labor may require the contractor to set aside in the Bureau, withdraws approval of an apprenticeship a separate account assets for the meeting of obligations program, the contractor or subcontractor will no longer be under the plan or program. permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by 4. Apprentices and Trainees (Programs of the U.S. DOL): regular employees until an acceptable program is a. Apprentices: approved. (1) Apprentices will be permitted to work at less than the b. Trainees: - predetermined rate for the work they performed when (1) Except as provided in 29 CFR 5.16, trainees will not they are employed pursuant to and individually registered be permitted to work at less than the predetermined rate in a bona fide apprenticeship program registered with the for the work performed unless they are employed DOL, Employment and Training Administration, Bureau pursuant to and individually registered in a program of Apprenticeship and Training, or with a State which has received prior approval, evidenced by formal apprenticeship agency recognized by the Bureau, or if a certification by the DOL, Employment and Training person is employed in his/her first 90 days of Administration. probationary employment as an apprentice in such an (2) The ratio of trainees to journeyman -level employees apprenticeship program, who is not individually on the job site shall not be greater than permitted under registered in the program, but who has been certified by the plan approved by the Employment and Training the Bureau of Apprenticeship and Training or a State Administration. Any employee listed on the payroll at a apprenticeship agency (where appropriate) to be eligible trainee rate that is not registered and participating in a for probationary employment as an apprentice. training plan approved by the Employment and Training EEO Page 31 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing EEO Special Provisions Revised 05/10 wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractorand any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. EEO Page 32 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (can't) V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section I (b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic include the amountof any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially possible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005- 0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission EEO Special Provisions Revised 05110 of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to snake such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: EEO Page 33 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (con't) a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47. c. Famish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractors own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is EEO Special Provisions Revised 05/10 necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on thejob and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: EEO Page 34 Minnesota Department of Transportation Office of Civil Rights REQUIRED CONTRACT PROVISIONS (can't) NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL - AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an officer, agent, or employee of the United States, of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereofin connection with the submission ofplans, maps, specifications, contracts, or costs ofconstruction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed or materials furnished or to hefarnished, in connection with the construction ofany highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or reportsubmitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or bath. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91- 604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed there under. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of EEO Special Provisions Revised 05110 Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph l through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts -49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to famish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. E The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. EEO Page 35 MINNESOTA DEPARTMENT OF TRANSPORTATION OFFICE OF CIVIL RIGHTS REQUIRED CONTRACT PROVISIONS (can't) g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be constmed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or EEO Special Provisions Revised 05/10 civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department of agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. REQUIRED CONTRACT PROVISIONS (con't) EEO Page 36 Minnesota Department of Transportation Office of Civil Rights g. A participation in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocuremem List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govermnent, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or EEO Special Provisions Revised 05/10 attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Fonm-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. EEO Page 37 MINNESOTA DEPARTMENT OF TRANSPORTATION EEO Special Provisions OFFICE OF CIVIL RIGHTS Revised 05/10 APPENDIX A (Long Version) REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS The required Contract Provisions for Federal -aid construction contracts, Form FHWA-1273 (Rev. 4-93) is restated here for emphasis: Section IV. PAYMENT OF PREDETERMINED MINIMUM WAGE Section IV.2, Classification 2. Classification a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers as defined in Section IVA(c), when such a classification prevails in the area in which the work is performed. For implementation reference Section IV.2(c), (d) and (e). The Required Contract Provisions for Federal -aid construction contracts, Form FHWA-1273 (Rev. 4-93) is amended as set forth: Section V. STATEMENTS AND PAYROLLS In part c of Section V.2, Payrolls and Payroll Records, the term "furnish" in this context will be accomplished by the subcontractors, on the project, sending their certified payroll reports to the government's prime contractor. The prime contractor will then be required to send copies of both the subcontractor's and their own certification forms, Mn/DOT 21658A form, to the project engineer. The prime contractor will maintain at a readily accessible location acceptable to Mn/DOT all the payrolls (both theirs and the subcontractors) during the course of the work and for a period of three years from the date of the completion of the contract. Mn/DOT, as the contracting agency, will stand, upon demand, require the prime contractor to send to the project engineer copies of any or all contractor's certified payrolls from any given project. EEO Page 38 This Page Left Blank Intentionally SECTION OT 03 00 ALTERNATES PART 1 GENERAL 1.01 SUMMARY A. This Section identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in order and may be used to determine the low Bidder. 1.02 DESCRIPTION OF ALTERNATES A. Alternate No. 1: Retractable Bollards. Furnish the materials and labor necessary to complete the installation of retractable bollards, and associated colored concreted banding on Xylon Avenue North. B. Alternate No. 2: Xylon Avenue North (45th Avenue North to 461h Avenue North. Furnish the materials and labor necessary to complete the utility and street reconstruction improvements. PART 2 PRODUCTS Not Used, PART 3 EXECUTION Not Used. END OF SECTION ALTERNATES © 2015 Stantec 1 193802810 01 0300-1 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: Xylon Avenue North and 45th Avenue North Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 944, B. Description of Work: Project consists of the reconstruction of sanitary sewer, water main, services, storm sewer, streets, and streetscaping/landscaping. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. Pavement removals shall be minimized in efforts to avoid long segments of roadway being rough or gravel for extended periods of time. 2. Adhere to staging notes, construction sequencing, and completion milestones as identified on the Drawings, Sheet G1.05. 3. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 4. Keep existing driveways and entrances clear and available to the public and to the Owner. 5. If additional space is needed, obtain and pay for such space off Site. SUMMARY © 2015 Stantec 1 193802810 01 1000-1 B. Access to Site 1. Residents shall have full access to all side streets and driveways between 7 P.M. and 7 A.M. 2. Working Hours: Per City ordinance, the contractor shall only work between 7 A.M. and 9 P.M., Monday through Friday, and between 9 A.M. and 9 P.M. on Saturday, unless given written permission by the City to perform work outside these hours. 3. Existing aggregate base or reclaim material shall be utilized for temporary access. Provide a minimum of 3" existing aggregate base on the streets for temporary access until the final street section is under construction. 1.07 OTHER WORK AT SITE A. Streetscoping, electrical/lighting, and vertical elements identified in the Drawings as Not In Contract (NIC), will need to be coordinated. Access to install these elements will need to be allowed. B. Decorative street lighting as identified in the Drawings as Not In Contract (NIC), will need to be coordinated. Access to install these elements will need to be allowed. C. Burying of overhead utilities on Xylon Avenue North will occur following the removals as identified on the Drawings, Sheet Gl .05. The burying of the utilities will need to be coordinated and access allowed. D. The 42nd Avenue streetscaping, east of Xylon Avenue North, will be completed by others and requires coordination. E. The construction of the Hy -Vee store and Hy -Vee Gas store is currently and will continue to be under construction during the 2015 construction season. These stores are located directly to the east of Xylon Avenue North; and north of 42nd Avenue North as identified on the Drawings. F. The installation and revision of electric power, telephone lines, gas lines, fiber optic, and cable TV by private utilities is anticipated. G. 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. END OF SECTION SUMMARY © 2015 Stantec 1 193802810 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. 3. Wage reports, etc. required for funded projects. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2015 Stantec 1 193802810 01 20 00 - 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: Center Point Energy. 6. Fiber Optic: Zayo Group. 7. Telephone/Cable: Comcast, CenturyLink, Access Communications, Arvig, Others. C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County 3. Minnesota Department of Health - Water Main. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 193802810 013100-1 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. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION 0 2015 Stantec 1 193802810 01 31 00-2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. SUBMITTAL PROCEDURES © 2015 Stantec 1 193802810 01 3300-1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by i l inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. 4. "Rejected" - Work covered by the submittal is not complete or it appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the SUBMITTAL PROCEDURES © 2015 Stanfec 1 193802810 01 3300-2 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. 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 © 2015 Stantec 1 193802810 01 3300-3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 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. QUALITY REQUIREMENTS 0 2015 Stantec 1 193802870 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2015 Stantec 1 193802810 01 4000-2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART T GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the followina: 2. A Bid Item has been provided for Pumping - Sanitary Sewer Bypass. Measurement is Lump Sum. Payment shall be included in the Base Bid. 3. A Bid Item has been provided for Temporary Water Service: No measurement shall be made. Payment shall be by lump sum. Payment shall include the water main pipe, fittings, service lines, staging, ramping, removal, and any other work involved with providing Temporary Watermain and services to affected homes and businesses. 4. 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. 5. 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. 6. 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: TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193802810 01 5000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Pumping - Sanitary Sewer Bypass. Measurement is Lump Sum. Payment shall be included in the Base Bid. 3. A Bid Item has been provided for Temporary Water Service: No measurement shall be made. Payment shall be by lump sum. Payment shall include the water main pipe, fittings, service lines, staging, ramping, removal, and any other work involved with providing Temporary Watermain and services to affected homes and businesses. 4. 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. 5. 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. 6. 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: TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193802810 01 5000-1 c. Partial payment of the Lump Sum Item "Traffic Control' will be made using a nercentaae based on the followina: A Bid Item has been provided for Detour Signing. Measurement is Lump Sum a. No measurement will be made of the various items that constitute detour signing. b. The lump sum payment(s) will be compensation in full for all costs of furnishing, installing, maintaining, relocating, and removing the individual traffic control devices and providing flagpersons and off-duty police officers as required to complete the Work. c. The Drawings show the detour signing in a general form, and additional signs may be required to complete the Work in accordance with the MMUTCD. d. If the Contractor requests changes in the detour plan as shown on the Detour Layout of the Plans, and these changes are implemented, there will be no increase or decrease in the lump sum Contract Bid Price for detour signing. e. Partial payment of the Lump Sum Bid Item "Detour Signing" will be made using a nercentaae based on the followina: 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 A Bid Item has been provided for Detour Signing. Measurement is Lump Sum a. No measurement will be made of the various items that constitute detour signing. b. The lump sum payment(s) will be compensation in full for all costs of furnishing, installing, maintaining, relocating, and removing the individual traffic control devices and providing flagpersons and off-duty police officers as required to complete the Work. c. The Drawings show the detour signing in a general form, and additional signs may be required to complete the Work in accordance with the MMUTCD. d. If the Contractor requests changes in the detour plan as shown on the Detour Layout of the Plans, and these changes are implemented, there will be no increase or decrease in the lump sum Contract Bid Price for detour signing. e. Partial payment of the Lump Sum Bid Item "Detour Signing" will be made using a nercentaae based on the followina: 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193802810 01 5000-2 Cumulative Percent of Detour 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 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193802810 01 5000-2 B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 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. 3.03 TEMPORARY WATER SERVICE A. The existing mains and services shall be used for temporary service to the extent possible throughout construction, where feasible. B. During water main construction, install and maintain temporary water service to all homes, apartments, and/or businesses as shown on the Drawings. 1. The temporary service will allow efficient removal of the existing water main and services, and installation of the new. 2. The temporary service shall provide adequate pressure and volume to properties. 3. All pipe and materials shall be potable water rated. 4. The Contractor shall perform a bacteria test on all temporary water lines prior to making any connections to homes or terminating existing water service. Testing results shall be emailed to City of New Hope Public Works Staff and copied to Engineer. 5. The Contractor shall install any main line valves that may be required to shut off or isolate an area based on the Contractors schedule of work or temporary water system. All valves installed shall be installed in their permanent location as shown on the Drawings per the new water main location. Any valve not installed in its permanent location shall not be paid for and shall be incidental to the temporary water main. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193802810 01 5000-3 6. Coordinate all Work with the Owner and the Engineer. If staging of the temporary system is necessary, provide a schedule and description of how this is to be accomplished. Submit a plan for temporary service for approval by the Owner. 7. Coordinate connections and service interruptions with the property owners and Engineer at least 72 hours in advance. 8. Provide ramping and/or shallow trenching at street and driveway crossings. 9. Provide emergency contact numbers for evenings and weekends. 10. Maintain, inspect, and adjust the temporary piping as needed or directed throughout the construction. 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 © 2015 Stantec 1 193802810 01 5000-4 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 9 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. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193802810 01 5000-5 E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. 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. 4. 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. 5. 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. 6. 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. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 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 DETOUR IMPLEMENTATION A. General 1. The item Detour Signing shall include all detour signing and barricading identified on the Drawings for the detour, and as needed in accordance with the MMUTCD. The Contractor shall be responsible for the regular inspection and maintenance of the detour signing and barricade placement. 2. Detour signing work shall be performed as follows: a. All detour signing shall be installed and temporarily covered prior to activating the detour. TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193802810 01 5000-6 b. Advance notice of road closure signing (G20 -XI "ROAD CLOSED BEGINNING DATE/TIME") shall be installed and visible for a period of 11 days prior to the activation of the Project detour. The Advance Notice signs, G20 -XI, shall be 72 inches by 60 inches. Advance notice of road closure signing shall be paid for under Item 2563.531, Construction Signs - Special at the Contract Bid Price per square foot. c. The detour shall be activated between the hours of 12 A.M. and 4 A.M., unless requested otherwise by the Engineer. This work shall be coordinated with all other work in detour signing to provide traffic a safe, smooth switch to the Project detour. d. The detour shall remain in place until the Project is completed. 3.08 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including portholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Fence 1. Install as shown on the Drawings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. END OF SECTION TEMPORARY FACILITIES AND CONTROLS 0 2015 Stantec 1 193802810 01 5000-7 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? ❑Yes ❑ No Do any devices need repair? ❑ Yes ❑ No Were all replaced or repaired? ❑ Yes ❑ No 2. Are any lights (flashers, etc.) not functioning? 171 Yes ❑ No Were they all replaced or repaired ❑ Yes ❑ No 3. Are any devices improperly placed? ❑ Yes ❑ No Were all positions corrected? ❑Yes ❑ No 4. Do any devices need cleaning? ❑Yes ❑ No Where all devices cleaned? ❑Yes ❑ No ADDITIONAL COMMENTS: The above check was completed by on: (date) at: (time) (name / For-iffl9AME11 SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 - percent payment will be made upon removal and restoration a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Storm Drain Inlet Protection: Measurement will be by each. c. Culvert End Controls: Measurement will be by each. d. Stabilized Construction Exit: Measurement will be by Lump Sum for each. 3. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1,000 gallons (Gal) applied to the street. Payment will constitute compensation in full for all Work and cost to furnish and install the Water. This Bid Unit Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner. a. Water can be obtained from the Owner at no cost. b. Coordinate specific hydrants to be utilized with Public Works. 4. A Bid Item has been provided for Temporary Dust Control and Privacy Screen. Measurement will be Lump Sum and includes all Work and costs to install a temporary dust control and privacy screen along the east side of the pool fencing as indicated in the Drawings. Payment will include all costs to remove the screen upon completion of all Work. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 32 92 00- Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2130 -Application of Water for Dust Control. 2. 2573 -Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 33 00. 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co -submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. Or Permit coverage is anticipated to become effective 30 days after the postmarked date of a completed application form and SWPPP submittal to the MPCA. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 193802810 01 5713-2 B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPS, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced (MS). 2.02 STABILIZED CONSTRUCTION EXIT A. Stabilized Construction Exit: Conform to the Drawings and the following: 2 inches minimum washed rock: 1. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 2. Minimum Thickness of Rock Placed: 6 inches. 2.03 TEMPORARY DUST CONTROL AND PRIVACY SCREEN A. Shall be composed of materials to provide dust control and privacy. TEMPORARY EROSION AND SEDIMENT CONTROL O 2015 Stantec 1193802810 01 57 13-3 2.04 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.05 HYDRAULIC EROSION CONTROL PRODUCTS A. Conform to MnDOT Spec. 3884. B. Type Hydraulic Mulch C. Type Bonded Fiber Matric (BFM), 100 -percent wood fiber mulch. 2.06 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.07 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.longeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. 3. Rock Log: a. Conform to MnDOT Spec. 3897.2.G. b. Rock 3/4 to 1-1 /2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to forma minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/). 4. Rock filter as shown on the Drawings. 2.08 SEDIMENT CONTROL LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 193802810 01 57 13-4 2.09 FILTER BERMS A. Conform to MnDOT Spec. 3874. 2.10 BALE BARRIERS A. Type 1 mulch conforming to MnDOT Spec. 3882.2. B. All bales shall be either bound with wire or tied with nylon string. C. Hardwood stakes shall be 1-1/2 inches by 1-1/2 inches by 36 inches. 2.11 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.12 TEMPORARY SLOPE DRAIN: Conform to MnDOT Spec. 3892. 2.13 TEMPORARY SEED A. Conform to Section 32 92 00. B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. 2.14 FLOCCULANTS: Conform to MnDOT Spec. 3898. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. TEMPORARY EROSION AND SEDIMENT CONTROL 0 2015 Stantec 1 193802810 01 57 13-5 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3.13 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. Mulch 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For unneeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3.D. 5. Anchor mulch immediately to minimize loss by wind or water. Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than 1:4: 2,800 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 193802810 01 57 13-6 5. Type Bonded Fiber Matrix (BFM) a. Application Rate for Slopes less than b. Application Rate for Slopes between 1:3: 3,000 lbs per acre. 1:3 and 1:2: 3,500 lbs per acre. 2 applications shall be necessary. Application Rate for Slopes greater than 1:2: 4,500 IDS per acre. 2 applications shall be necessary. G. Erosion Control Blanket 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. H. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3.M with Seed Mix 21-112 or 21-111. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. 6. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: TEMPORARY EROSION AND SEDIMENT CONTROL 0 2015 Stantec 1 193802810 01 57 13-7 a. The curtain shall be removed within 72 hours after this determination has been made. b. At the completion of the Project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Maintenance: Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Sfantec 1 193802810 01 57 13-8 SECTION 01 70 00 EXECUTION REQUIREMENTS PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1, A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS 0 2015 Stantec 1 193802810 01 7000-1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. 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. EXECUTION REQUIREMENTS 0 2015 Stantec 1 193802810 01 7000-2 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, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholdina.tax4state mn us. END OF SECTION EXECUTION REQUIREMENTS 0 2015 Stantec 1 193802810 01 7000-3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 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 casts of the following Bid Items: a. Sawing Bituminous Pavement: Per lineal foot along the saw cut line as staked. Payment will only be made for one saw cut at each location, just prior to wear course pavement. b. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. c. Remove Loop Detectors: Payment shall be lump sum. Payment shall include removal and disconnection of loop detectors from street and service cabinet. d. Remove Concrete Sidewalk: Per square foot without regard to thickness. e. Remove Concrete Curb and Gutter: Per lineal foot of the type specified. f. Remove Concrete Driveway Pavement: Per square yard without regard to thickness. g. Remove Hydrant: Per each. h. Remove Valve: Per each, including valve and box. I. Remove Catch Basin or Manhole: Per each. j. Remove Wall: Per lineal foot, measured along the base of the wall. k. Remove Pipe: Per lineal foot of the type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. I. Salvage and Reinstall Fence: Per lineal foot of chain link fence salvaged and reinstalled. m. Salvage Sign Type C: Per each. Payment shall be made on each sign removed, regardless of size; including sign panel, post, and anchor system. Removed signs shall be salvaged and delivered to City of New Hope Public Works. n. Salvage Sign Type Special: Per each. Payment shall be made on each Street Name sign assembly salvaged regardless of size. SELECTIVE SITE DEMOLITION 0 2015 Stantec 1 193802810 0241 13 - 1 o. Bulkheading and abandoning of existing pipe 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," 2014 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. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13-2 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 31 23 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. B. Develop plan acceptable to Engineer and postal service for maintaining mail service. Temporary relocations of mailboxes will be necessary. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. 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 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13-3 B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE BITUMINOUS PAVEMENT, PATH, DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3.C.2, 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. Prior to removal in areas with signal loop detectors, the Contractor will disconnect each loop detector splice in the appropriate hand hole. This will prevent damage that may be caused id loop wire is damaged and/or pulled out of the box. 3.06 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. 3.07 PAVEMENT MILLING A. Bituminous 1. Saw cut at removal limits prior to milling process. 2. Mill bituminous surface to the depth specified as shown on the Drawings or as directed by the Engineer. 3. Prior to milling in areas with signal loop detectors, the Contractor will disconnect each loop detector splice in the appropriate hand hole. This will prevent damage that may be caused id loop wire is damaged and/or pulled out of the box. B. Concrete 1. Mill surface to the depth specified as shown on the Drawings or as directed by the Engineer. 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(. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 193802810 0241 13-4 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. 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 b inches beyond the edge of new driveways. 3.10 REMOVE MANHOLES AND CATCHBASINS A. Remove casting and cone section of structures a minimum of 3 feet below final grade. B. Knock holes in lower section of manhole and fill cavity with granular material. 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 REMOVE RETAINING WALL A. Avoid damage to sections of wall to remain. B. Dispose of materials off Site at a predetermined location. C. Remove wall in its entirety, including footings and tiebacks. 3.13 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT Section 2104.3.B. B. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition SELECTIVE SITE DEMOLITION 0 2015 Stantec 1 193802810 0241 13-5 a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. C. Fences 1. Salvage and store fence and post material where they are not in conflict with the Work. 2. After completion of Work, reinstall fence to the condition existing prior to removal. 3. Install temporary snow fence or similar barrier at the end of the working day while the permanent fence is removed. D. Culverts and Flared End Sections 1. Where possible, salvage existing pipe in areas to be disturbed by the construction. 2. Reinstall in original condition and location as shown on the Drawings. 3. If requested by the Owner, deliver salvaged material to Owner's Maintenance Facility. 3.14 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. 3.15 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION 0 2015 Stantec 1 193802810 0241 13-6 SECTION 12 92 00 SITE FURNISHINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. The work in this Section includes furnishing all labor, equipment, materials, including anchorages and fittings, and performing all operations, including fabrication, delivery, and installation, required for the site furnishings as shown on the Drawings and specified herein. B. Related Sections 1. Section 32 13 14- Concrete Walks, Medians, and Driveways 2. Section 32 14 13 - Precast Concrete Unit Paving 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Trash Receptacle, Benches, Tables, Bike Racks, and two sizes of Tree Grates & Frames. Measurement for these items shall be by the Each, including furnishing and installing the site furnishings, detailed layout and measurements, concrete bases or thickened concrete slab, anchors, and all else needed to provide the site furnishings, complete, in accordance with the Drawings, manufacturer's printed instructions, and as specified herein. 1.03 REFERENCES A. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. MnDOT: Minnesota Department of Transportation, Standard Specifications for Construction - 2014 Edition. 2. ANSI: American National Standards Institute. 3. ASTM: American Society for Testing and Materials American 4. AASHTO: Association of State Highway Transportation Officials 5. AAMA: American Architectural Manufacturer's Associationadministrative requirements B. Coordination 1. Coordinate installation with the representatives of the other trades on Site and Owner's Representative to facilitate Work and avoid conflicts in construction sequence and site furnishing installation and other construction. C. Scheduling 1. Prior to starting Work, submit for review by the Landscape Architect/Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the Work. SITE FURNISHINGS © 2015 Stantec 1 193802810 129200-1 1.04 SUBMITTALS A. Submit all required items for approval before work is started. B. Action Submittals 1. Product Data: For each manufactured product shown on Drawings or specified herein. 2. Shop Drawings. a. General: For each item specified, provide information showing complete detail, location in the project, material and size of components, method of joining various components and assemblies, finish, and location, size and type of anchors. b. Mark items requiring field assembly for erection identification and furnish erection drawings and instruction. c. Provide templates and rough -in measurements as required. 3. Samples a. Samples of available colors and finish for site furnishings. C. Informational Submittals 1. Certifications: Submit a letter of certification from the manufacturer, stating the material being furnished is the specified material and there are sufficient reserves available to supply the Project and furnish replacements if needed. 2. Qualification Statements: Submit qualifications data indicated under Quality Assurance for the following: a. Installer. b. Fabricator. D. Closeout Submittals 1. Warranty Documentation. 1.05 QUALITY ASSURANCE A. Regulatory Requirements 1. Contractor shall obtain all permits and pay all required fees to any governmental agency having jurisdiction over the Work. Inspections required by ordinances during the course of construction shall be arranged as required. Notify Owner's Representative of the time of such inspections 48 hours prior. 2. When the Contract Documents call for materials, workmanship, or construction of a better quality, higher standard, or larger size that required by the above-mentioned rules and regulations, provide the quality and size required by the Contract Documents. 3. On completion of the Work, satisfactory evidence shall be furnished to the Owner's Representative to show all Work has been installed in accordance with the ordinances and code requirements. 4. The Contractor shall acquire the necessary right of way access permits that may be necessary for completion of the specified Work. B. Qualifications 1. Installer Qualifications: Engage experienced installer that has completed installation similar in material, design, and extent to that indicated for the Project. SITE FURNISHINGS 0 2015 Stantec 1 193802810 129200-2 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery and Acceptance 1. Package to prevent damage or deterioration during shipment, handling, storage and installation. Maintain protective covering in place and in good repair until removal is necessary. 2. Products shall be delivered to Site in manufacturer's original, unopened containers and packaging. Notify Landscape Architect a minimum of 5 days prior to delivery for inspection. 3. Contractor shall remove shipping materials as needed and inspect products for damage immediately upon delivery to the Site and coordinate inspection by Landscape Architect. B. Storage and Handling 1. Contractor shall repack and store products in a secure area and protect from damage and adverse environmental conditions. Storage subject to approval by Landscape Architect. 2. Materials, products and finished shall be protected from damage during handling and installation. C. Waste Management and Disposal 1. Dispose of all waste generated from site furnishing packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off Site. 3. Recycle all materials that are recyclable and dispose of all organic materials at composting facilities. 1.07 FIELD CONDITIONS A. Field Measurements: Verify actual locations of paving, walls and other construction contiguous with site furnishings by field measurements before purchasing and indicate measurements on Shop Drawings. 1.08 WARRANTY A. Manufacturer's Warranty: Provide manufacturer's standard limited warranty for all site furnishing Bid Items. B. Installer Warranty: Installer shall warrant all site furnishing installation for a period of 1 year, including fastener and anchorage failure. PART 2 PRODUCTS 2.01 SITE FURNISHINGS A. Trash Receptacle 1. Manufacturer: Landscape Forms, or approved equal. 2. Series Name: Scarborough. 3. Style: 30 gallon, side -opening, vertical strap side panels. 4. Metal Finish: Ponguard II Polyester Powdercoat. Color to be selected by Landscape Architect from manufacturer's full range of Powdercoated Metal and Metallic color options. SITE FURNISHINGS © 2015 Stantec 1 193802810 129200-3 5. Attachment: See Drawings. B. Benches 1. Manufacturer: Landscape Forms, or approved equal. 2. Series Name: 72" long Scarborough with horizontal strap seat style. 3. Style: Backed, with end arms, without center arm under arbors and by the bus stop. Backless benches (3) in boulevard paver areas. 4. Metal Finish: Panguard II Polyester Powdercoat. Color to be selected by Landscape Architect from manufacturer's full range of Powdercoated Metal and Metallic color options. 5. Attachment: Surface Mount. C. Tables 1. Manufacturer: Landscape Forms, or approved equal. 2. Series Name: Carousel table with Solstice Cygnus embedded table mount shade panel, solid panel style. 3. Style: Backed perforated metal seats, 6 seats per table. Steelhead perforated table top with umbrella hole. 4. Metal Finish: Panguard II Polyester Powdercoat. Color to be selected by Landscape Architect from manufacturer's full range of Powdercoated Metal and Metallic color options. 5. Attachment: Embedded Table Mount. D. Bike Racks 1. Manufacturer: Landscape Forms, or approved equal. 2. Series Name: Ring bike rack. 3. Style: Ring. 4. Metal Finish: Panguard II Polyester Powdercoat. Color to be selected by Landscape Architect from manufacturer's full range of Powdercoated Metal and Metallic color options. 5. Attachment: Embedded. E. Tree Grates & Frames 1. Manufacturer: Neenah Foundry, or approved equal. 2. Series Name: Boulevard, with custom "City of New Hope" logo. 3. Style: R8713 (60" by 60") and custom 36" by 60". 4. Metal Finish: Cast iron. 5. Attachment: Provide manufacturer's frame system and all recommended mounting hardware. See Drawings. F. Miscellaneous Material 1. Anchoring Cement: Factory -packaged, non -shrink, non -staining, hydraulic -controlled expansion cement formulation for mixing with water at the Site to create pourable anchoring, patching, and grouting compound. 2. Anchor bolts, and other fastener components shall be stainless steel, ASTM A276, Type 304 and painted to match site furnishings. Proposed substitutions of other non- corrosive fasteners may be submitted to Landscape Architect for review and potential approval. SITE FURNISHINGS © 2015 Stantec 1 193802810 129200-4 PART 3 EXECUTION 3.01 EXAMINATION A. Field Measurements: The Contractor shall verify site conditions and dimensions shown on the Drawings, and confirm the orientation of all site furnishings, including door swings for trash receptacles, with the Landscape Architect prior to installation. Notify Landscape Architect of any major differences, obstructions, or utilities that in any way affect site furnishing installation. B. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services, and other structures shall be repaired at the Contractor's expense. C. Examine surfaces indicated to receive the site furnishing, with installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Do not proceed with installation until unsatisfactory conditions have been corrected. D. The Contractor shall inspect the correct and level finished grade, mounting surfaces, and other conditions affecting installation. Discrepancies, irregularities, etc. shall be brought to the attention of the Landscape Architect. 3.02 PREPARATION A. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. B. Contractor shall maintain and protect all temporary erosion control and tree protection on the Site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Landscape Architect immediately and corrected at no cost to the Owner. C. Remove debris and loose particles. Verify that all elements in this section "fit" within the locations provided as shown in the Drawings. D. Verify placement and alignment for all site furnishings. E. If the condition of the existing facilities at the locations of the waste receptacles will not allow installation as indicated in the Drawings, contact the Landscape Architect and provide proposed modification to the location or method of installation satisfactory to the Landscape Architect. F. Unpack and assemble (as needed) and install items in accordance with manufacturer's printed instructions, unless otherwise specified or shown. G. Clean dirty or stained stone surfaces before setting 1. Scrub with fiber brushes, drench with clear water 2. Use mild cleaning compounds. 3. Do not use acids or wire brushes. SITE FURNISHINGS 0 2015 Stantec 1 193802810 129200-5 3.03 INSTALLATION A. General 1. Install items rigid, plumb, level and true to lines, levels and orientation shown in details and shop drawings. 2. Contractor shall take necessary measure to protect site furnishings and existing work and surfaces from damage, marring or soiling during transport, handling, and installation. 3. Contractor shall transport, position, and install all site furnishings as indicated in the Drawings and Specifications, and as approved by the Landscape Architect. 4. Contractor shall permanently affix all site furnishings using the approved mounting methods. 3.04 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.05 CLEANING, REPAIR, AND RESTORATION A. All damage to Site from site furnishing installation work must be repaired by the Contractor at no cost to the Owner. B. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. C. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. D. Existing plants that are damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and/or payment in damages in accordance with MnDOT 1712. E. Touch Ups: Touch up scratches and other blemishes in the powdercoat, paints and other finishes as per manufacturer's instructions. 3.06 PROTECTION A. Contractor is responsible for protecting the installed site furnishings from damage, soiling, or staining during any additional construction operations conducted under this Contract at no additional cost to the Owner. B. Work related to the site furnishings included in this Section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work; landscaping, lawns, and other Site furnishings. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. END OF SECTION SITE FURNISHINGS © 2015 Stantec 1 193802810 129200-6 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment 1. A Bid Item has been provided for Clearing. Measurement will be by physical count of each tree cleared having a diameter of more than 4 inches at a point 24 inches above the ground surface. Payment will constitute compensation in full for all removal, disposal, and costs. 2. A Bid Item has been provided for Grubbing. Measurement will be by physical count of each tree or stump grubbed. Payment will constitute compensation in full for all removal, disposal, and costs. 3. Brush Removal: This Work shall be incidental to the Project. 4. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2101 -Clearing and Grubbing. 2. 2571 - Plant Installation and Establishment. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. SITE CLEARING © 2015 Stantec 1 193802810 31 1000-1 D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 QUALITY ASSURANCE A. Burning 1. Onsite burning is not allowed. 2. Acquire Minnesota Pollution Control Agency (MPCA) and all required State Permits. 3. Conform to all local regulations. 1.06 SITE CONDITIONS A. Work consists of removing trees generally along the easement lot lines designated for utilities. B. The Drawings do not specifically show all trees to be removed or transplanted. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Only applied to Oak and Elm trees at the direction of the Engineer or City Forester. B. Asphalt base tree paint. C. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Clearing limits will be clearly marked by the Engineer. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. SITE CLEARING 0 2015 Siantec 1 193802810 31 1000-2 B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. D. Backfill all depressions resulting from the grubbing operations in accordance with Section 31 2300. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 STRIPPING A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, roadways, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re -spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris outside the right-of-way at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. E. Haul excess topsoil offsite, to allow for 5 inches of new topsoil borrow and 2 inches of erosion control compost blanket. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION SITE CLEARING © 2015 Stantec 1 193802810 31 1000-3 SITE CLEARING © 2015 Stantec 1 193802810 31 1000-4 SECTION 31 23 00 EXCAVATION AND FILL PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 02 41 13 - Selective Site Demolition. 3. Section 31 10 00 -Site Clearing. 4. Section 31 23 13 - Subgrade Preparation. 5. Section 32 92 00 - Turf and Grasses. 6. Section 33 05 05 - Trenching and Backfilling. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various excavation materials, borrow materials, and salvage materials. Measurement and payment shall be at the Bid Unit Price consistent with MnDOT Spec. 2105.4 and 2105.5, except as modified in the following. 2. A Bid Item has been provided for Common Excavation (P). Measurement will be by volume of material in its original position, based on pre -construction cross sections and the design grading grade profile performed by the Engineer. Quantity shall be calculated and computed by the average end area method, using the original cross sections. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 3. A Bid Item has been provided for Subgrade Excavation (CV). Measurement will be by compacted volume in cubic yards of actual material excavated below the Grading Grade. Payment will include placing and compacting suitable material on Site and disposal of excess material off Site. 4. No Bid Items have been provided for common excavation of trail, sidewalk, or driveways. These items shall be considered incidental. 5. A Bid Item has been provided for Select Granular Borrow (Modified). Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. Payment will include all costs related to furnishing and installing the material complete in place as specified. a. If the aggregate backfill material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. 6. A Bid Item has been provided for Boulevard Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. The scarification of the top 3 inches of existing soil is also incidental to this item, and must be completed prior to installing topsoil borrow material. EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-1 7. A Bid Item has been provided for Planting Topsoil Borrow (LV). Measurement will be by loose volume of material placed in cubic yards. All hauling, placement, blading, grading, shaping, and compacting of Topsoil Borrow shall be incidental to this Bid Item. The scarification of the top 3 inches of existing soil is also incidental to this item, and must be completed prior to installing topsoil borrow material. 8. A Bid Item has been provided for Aggregate Soils. Measurement will be by loose volume of material placed in cubic feet. Payment includes performing all hauling, excavation of, disposing of excavated materials, importing and placing topsoil and angular rock layers, placing geotextile fabric, mixing and washing topsoil into rock layers and compaction as shown on the Drawings. Aggregate soil is a mixture of aggregates and topsoil that can be compacted to support above sidewalks while also providing nutrients and air space for viable tree growth. 9. A bid Item has been provided for Construct Access Road: per Lump Sum. The Access Road will be removed at the end of the project. No measurement will be made of materials used to construct the Access Road. Payment will include grading, road surface, geotextile, maintenance and removal as shown in Drawings. 10. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2131 - Application of Calcium Chloride. 3. 3149 - Granular Material. 4. 3877 - Topsoil Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Gradation tests for borrow materials. 2. Topsoil Borrow test indicating material content, organic content, and ph levels. 3. Contractor shall submit a list of all off-site and on-site sources of materials specified in this Section to Owner and Engineer at least two weeks prior to delivery of materials to the Site. 4. Contractor shall provide certificates for materials, including gradation test results, obtained from off-site sources indicating compliance of materials with Specifications at least two weeks prior to delivery to the site. Engineer may take random samples of the material during the progression of the Work to verify compliance with the specifications. Materials not meeting the specifications shall be removed and replaced at the Contractor's expense, including the cost for testing. 5. Submit mixture design report to Engineer 72 hours prior to paving the temporary access road. 1.05 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein. 1. Grading Grade: Bottom of the fully excavated design section as shown on the Drawings, located below the geotextile fabric location. EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-2 2. Common Excavation: Excavation above the grading grade that has not been classified as another form of excavation in this Section. 3. Subgrade Excavation: Excavation below the grading grade that has not been classified as another form of excavation in this Section. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after sewer and water construction. B. Complete subgrade for streets, driveways, walks, and parking lots immediately after trench backfill and compaction. C. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Granular Borrow (Modified): Conform to the following gradation requirements: Sieve Size Percent Passing #40 0 to 40 #200 0 to 5 B. Recycled Aggregate: Conform to MnDOT Spec. 3149.2A.2. C. Aggregate Backfill: Conform to MnDOT Spec. 3149.2E. D. Planting Topsoil Material: Conform to MnDOT Spec 3877.26, Loam Topsoil Borrow, except as modified herein. 1. Material shall be screened and pulverized. E. Boulevard Topsoil Material: Conform to MnDOT Spec 3877.2F, Boulevard Topsoil Borrow, except as modified herein. 1. Material shall be screened and pulverized. 2.02 AGGREGATE SOIL A. A. Topsoil Washed Into Aggregate Soil 1. Topsoil shall be washed into the void spaces of the top layer of angular rock in the aggregate soil areas as shown in the Drawings. Imported topsoil borrow shall meet the requirements of MnDOT Standard Specification 3877.B for Loam Topsoil Borrow except for as modified below: Material Passing 2.00 mm (# 10) Sieve Size Percent (%) Clay I <0.002mm 5-10% EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-3 Material Passing 2.00 mm (# 10) Sieve Size Percent (%) Silt 0.002 -0.085 mm 20-60% Sand 0.085-4.5 40-65% Organic Matter No.8 (2.36 mm) 5-10% Soil Ph 6-7 B. 1 Inch Angular Rock 1. All angular rock within the aggregate soil mid -base layer shall meet the following: a. Material shall be a clean 100 percent natural crushed granite b. Maximum Wash Loss of 0.5 percent. c. Minimum Durability Index of 35. d. Maximum Abrasion of 10 percent for 100 revolutions and maximum of 50 percent for 500 revolutions. e. Angular rock for the mid -base shall be uniformly graded with the following gradation (ASTM C-33 Size Number 67): U.S. Standard Sieve Size Percent Passing 1 inch (25.0 mm) 100 3/4 inch (19.0 mm) 95-100 3/8 inch (9.5mm) 20-55 No.4 (4.75 mm) 0-10 No.8 (2.36 mm) 0-5 C. 2 Inch to 4 Inch Angular Rock 1. All angular rock within the aggregate soil base layer shall meet the following: a. Material shall be a clean 100 percent natural crushed granite. b. Maximum Wash Loss of 0.5 percent. c. Minimum Durability Index of 35. d. Maximum Abrasion of 10 percent for 100 revolutions and maximum of 50 percent for 500 revolutions. e. Angular rock for the aggregate soil base layer shall be uniformly graded with the following gradation (ASTM C-33 Size Number 3): U.S. Standard Sieve Size Percent Passing 2'/2 inch (63mm) 100 2 inch (50mm) 90-100 1 '/1 inch (37.5mm) 35-70 1 inch (25mm) 0-15 1/2 inch (12.5 mm) 0-5 2.03 AGGREGATE BASE A. Aggregate Base for sidewalks shall conform to MnDOT Class 5. EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-4 2.04 GEOTEXTILE FABRIC A. Geotextile MnDOT Type V 1. Shall be a woven or knit fabric of polymeric filaments of polypropylene, polyethylene, polyester, or polyamide and shall meet the requirements of MnDOT Standard Specification 3733.1 for geotextile fabrics. PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02 41 13. 5. Strip topsoil consistent with Section 31 10 00. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.3C, or as modified herein. 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3D, or as modified herein. 1. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 2. Remove muck excavation material so as to minimize disruption to the bottom of the excavation. 3. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement or profile can be made for pay quantities. 4. No solid rock will be allowed within 12 inches of the subgrade. 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 EXCAVATION FOR AGGREGATE SOILS AND TREE TRENCHES: A. Excavate to the lines, elevation, grades, and dimensions shown on the Drawings, or as necessary to complete the work shown on the Drawings. Excavation beyond the lines and grades shown in the Drawings or described herein without the specific direction of Engineer will be considered unauthorized excavation and shall be remedied at Contractor's expense by backfilling and compacting as specified for the appropriate situation described herein or shown on the Drawings. B. Sub -cut all trenches as shown on the Drawings to allow for placement of sand, angular rock, topsoil, pavement base material and pavement. C. Excavate trenches with a backhoe to minimize compaction of the sub -grade. EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-5 D. Excavate and loosen subsoil to at least 12 inch depth with a backhoe where indicated in the Drawings. E. Start excavation at the far side of a tree trench and work out backwards. Excavation equipment shall not be allowed to travel in the features after they have been excavated. F. Rubber -tired construction equipment shall be strictly prohibited from working within excavated areas. As a general requirement, no construction equipment, including skid steer loaders, shall be allowed in the excavations. If this is not possible for some areas, only low ground pressure equipment shall be allowed to complete the work. G. Use only rubber -tired construction equipment when working from the pavement. Stability of Excavations: 1. Slope sides of excavations to comply with applicable Laws and Regulations and to provide access for compaction equipment. 2. Provide shoring and bracing where required to comply with Laws and Regulations, or to protect adjacent surface or subsurface features, or to limit activity within construction limits. Contractor shall design shoring and bracing and provide all materials, including piling, uprights, stringers, and cross -bracing in good condition at no additional cost to Owner. 3. Remove all temporary shoring and bracing not specifically indicated in the Drawings or these Specifications to remain. I. Water Controls: 1. Provide all temporary water controls, including diversions as Contractor deems necessary, to prevent surface water from flowing into excavations. 2. Contractor shall dewater any of the work areas that become inundated with water from rainfall or ground water and this work shall be incidental. J. Material Storage: 1. Stockpile materials away from edge of excavations and trenches. Shape and grade to provide drainage and minimize erosion. Provide temporary erosion control and diversions around base as necessary. No material at any time shall be stockpiled in an area where runoff is tributary to a rainwater garden, end island, enhanced sand filter or tree trench. Materials should be stockpiled within construction limits or in other designated staging areas. 2. Dispose of demolition debris, excess and unsuitable material off-site promptly following excavation. 3. Protect excavation bottoms against freezing when atmospheric temperature is below 35 degrees F. 3.05 PLACEMENT OF AGGREGATE SOIL MATERIALS A. Coordinate tree planting sequencing and methods with landscape contractor to determine the most efficient technique to be employed either concurrently with the placement of the aggregate lifts or after the installation of the aggregates. B. Remove all accumulated sediment and silt in the bottom of the basin prior to placement of sand. C. Do not loosen the sub -grade of the tree trenches. EXCAVATION AND FILL 0 2015 Stantec 1 193802810 31 2300-6 D. MnDOT Type V geotextile (described in Article 2.04 of these Specifications) shall be installed up the sides of the trench as shown in the Drawings. E. Placement of 2 inch to 4 inch angular rock shall be accomplished by dumping from the edges and spreading with a backhoe bucket, or some other acceptable means determined by the Contractor. If spreading with a backhoe is not possible for all areas, only tracked skid steers or other low ground pressure equipment shall be allowed in the trenches. Even then, this method shall be minimized as much as possible. F. 2 inch to 4 inch angular rock shall be placed evenly across the bottom of the trenches to the elevations shown on the Drawings. Contractor shall take care to prevent damage to underground utilities while backfilling and compacting. Contractor shall notify Engineer of any damage and repair as approved before proceeding. G. 2 inch to 4 inch angular rock shall be placed into the trench in 6 to 8 inch lifts. After each 6 to 8 inch lift, Contractor shall compact the rock using 4 to 5 passes of a vibratory compactor. Each 6 to 8 inch lift of 2 inch to 4 inch angular rock must be compacted before topsoil can be washed to prevent topsoil from being compacted between the rocks. To wash the topsoil into the rock, topsoil shall first be spread evenly across the rock to a depth of 1 inch. Using a high pressure hose, topsoil shall be evenly washed into the rock just until the surface of the angular rock is exposed. Then, a second 1" lift of topsoil shall be placed on the rock, which is washed in as before. This process shall be performed a total of three times per 6 to 8 inch lift of angular rock. This will result in a total of 3 inches of topsoil being washed into each 6 to 8 inch lift of aggregate. I. The top layer of 1 inch angular rock shall be placed over the final layer of 2 to flinch angular rock. The Contractor shall compact the rock using 4 to 5 passes of a vibratory compactor. Each 6 to 8 inch lift rock must be compacted before topsoil can be washed to prevent topsoil from being compacted between the rocks. Wash topsoil into the layer of 1 inch aggregate. Topsoil shall first be spread evenly across the rock to a depth of 1 inch. Using a high pressure hose, topsoil shall be evenly washed into the rock just until the surface of the angular rock is exposed. Then, a second 1 inch lift of topsoil shall be placed on the rock, which is washed in as before. This process shall be performed a total of three times per 6 to 8 inch lift of 1 inch angular rock. This will result in a total of 3 inches of topsoil being washed into each 6 to 8 inch lift of aggregate. K. Engineer may testa cross section of angular rock washed with Topsoil to determine the depth of soil penetration into the layer, and may adjust the method of topsoil washing in the field if desired results are not achieved as indicated by the Drawings. L. Contractor shall contact the Engineer upon the final placement of the 1 inch angular rock so that surveys of the finished surfaces can be completed. The Engineer shall notify the Contractor of areas that do not meet the tolerances specified. The Contractor shall correct the work prior to moving on to the next step. 3.06 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31, or as modified herein 1. Reclaim materials may be used only as specified in the Drawings or as directed by the Engineer. EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-7 2. No disposition of bituminous will be permitted within the Project limits. 3.07 PLACING EMBANKMENT MATERIALS A. Conform to MnDOT Spec. 2105.3E. 3.08 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). It is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. Backfilling of embankments shall be performed using on Site materials: If the Contractor is unable to meet the specified density requirements using that material due to excess moisture content, they shall immediately notify the Engineer of this condition. 4. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.09 FINISHING OPERATIONS A. Conform to MnDOT Spec. 2105.31-1, or as modified herein. 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of a granular borrow shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Finish grading of granular borrow prior to placement of an aggregate base shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 4. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.10 INSTALLATION OF GOETEXTILE FABRIC FOR SEPARATION A. See Section 31 32 19. 3.11 CONSTRUCT ACCESS ROAD A. Temporary Access Road construction and removal shall be in accordance with 2105 and the requirements shown on the Plans. EXCAVATION AND FILL 0 2015 Stantec 1193802810 31 2300-8 B. Topsoil shall be stripped and removed from the site. The subgrade will be proof -rolled. C. The width of the Access Road shall be a minimum of 18' or as directed by the Engineer. D. The road surface shall be constructed of 4 inches of Bituminous Millings placed on top of Geotextile Fabric Type 5. E. Temporary pavement at a minimum thickness of 1.5" shall be placed on top of the compacted and approved aggregate base. The mix design shall be submitted and approved by the Engineer prior to paving. F. Chain Link Safety Fence shall be installed along the north side of the Access Road to restrict pedestrian access. Chain Link Safety Fence shall be measured and compensated per Section 32 31 27. G. Orange Safety Fence shall be installed along the south side of the Access Road to restrict pedestrian access. Payment for this shall be incidental. H. Removal of the temporary Access Road will include removal of road surface and geotextile materials and restoration of the grade to pre -construction elevations including topsoil. Turf Establishment items will be paid as provided elsewhere in the Project Manual. END OF SECTION EXCAVATION AND FILL © 2015 Stantec 1 193802810 31 2300-9 This Page Leff 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 abase or surface course. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefore. Subgrade preparation shall be completed in accordance with these Specifications, including shaping, grading, compacting tolerancing, and test rolling. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 21 1 1 -Test Rolling. 3. 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING A. Subgrade preparation shall be performed prior to placement of the geotextile fabric, sand sub base, 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. SUBGRADE PREPARATION 0 2015 Stantec 1 193802810 31 2313-1 PART 3 EXECUTION 3.01 GENERAL A. Subgrade preparations shall be performed to produce the required density, grade, and cross-section. 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein. 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1 /2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F, or as modified herein. 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3H, or as modified below. 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 0 2015 Stantec 1 193802810 31 23 13-2 SECTION 31 32 19 GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Geotextile fabric used for street construction. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13-Subgrade Preparation. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Geotextile Fabric Type V. Measurement will be based upon units of square yards of actual surface area covered by Geotextile Fabric. Payment at the Bid Unit Price shall include all materials, installation, and protection of installed Geotextile Fabric as specified. The required overlap joint or joint sewing shall be incidental to this fabric item with no direct payment being made. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2. Geotextile polymer type (s). 3. Geotextile physical properties. B. Samples of the Geotextile 1. The geotextile machine direction shall be marked on each sample submitted for testing. PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type 5 (non - woven), except as modified below: 1. Materials: The fabric installed on top of the road subgrade shall consist of a polypropylene or polyester filament or yarn, non -woven, needle punched. The fabric GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2015 Stantec 1 193802810 3132 19 - 1 shall be inert to commonly encountered chemicals, resistant to ultraviolet radiation, and conform to meet the following minimum Specifications: Geotextile Spec. Test Method Grab Tensile Strength ASTM D4632 either principal direction, lbs. Grab Tensile ASTM D4632 Elongation, Percent, Max. Ultra Violet Light Stability ASTM D4355 Burst Strength ASTM D3786 p.s.i., min. (Diaphragm Method) Trapezoid Shear ASTM D4553 Strength, lbs. min. (any direction) Puncture Strength ASTM D4833 lbs., min. Permittivity (sec -1) ASTM D4491 Flow Rate ASTM D4491 Gal./Min./ft? Minimum Fabric Weight AOS (U.S. Sieve) ASTM D4751 Value 200 50 70 -Percent Retained* 400 80 130 1.5 95 8 oz/sy 70 to 100 *Percent retained of specified fabric strength as determined by ASTM D4632 (Grab Tensile) when exposed for 150 hours as per ASTM D4355. PART 3 PART 3 EXECUTION 3.01 PREPARATION A. Excavation: Conform to Section 31 23 00. B. Subgrade Preparation: Conform to the requirements of Section 31 23 13. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION A. Conform to MnDOT section 3733.2A except as modified below. B. Place geotextile immediately ahead of the covering operation 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2015 Stantec 1 193802810 31 3219-2 C. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. D. Secure fabric in place by means of stone weights to prevent displacement. E. If geotextile is torn or punctured, the damaged area shall be repaired or replaced 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 3.03 FILL PLACEMENT A. Only granular spreading methods that will not tear the fabric shall be used. B. Granular borrow shall not be dropped on the fabric from a height greater than 3 feet 1. Place a minimum of 8 inches of granular borrow on the geotextile prior to the movement of construction equipment. Carefully monitor turning movements. 2. Tracked or wheeled equipment shall not be permitted to drive directly on the fabric. 3. Any ruts occurring during construction shall be filled with additional granular borrow and compacted to the specified density. C. Compaction of first lift above the geotextile shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. END OF SECTION GEOSYNTHETIC SOIL STABILIZATION AND LAYER SEPARATION © 2015 Stantec 1 193802810 31 32 19-3 This Page Left Blank Intentionally SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. B. Related Sections 1. Section 31 23 13 - Subgrade Preparation. 2. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer. a. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. b. Milled or reclaim materials, or existing on-site aggregate base shall not be used in ultimate design section. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 -Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). AGGREGATE BASE COURSES © 2015 Stantec 1 193802810 32 11 23- 1 PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. 1. For any failing aggregate tests, the Engineer, at his/her discretion, may require corrective action or may allow for monetary price adjustments per 2211.5. 2. Corrective action for failing aggregate tests may include removal and replacement of all non -conforming materials. 3. Onsite recycled materials shall not be used. 4. Imported recycled aggregate base will be accepted per conformance with MnDOT Spec. 3138.2.C. PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 31 23 13. B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3 1. Compaction shall be done by the Specified Density Method. Compact by mechanical means to 100 -Percent Standard Proctor Density. 2. Compaction for aggregate base on driveways, sidewalks, and trails shall be done by the Quality Compaction Method. 3. Install aggregate base in accordance with details on Drawings. 4. Deliver weight tickets to Engineer daily. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture/density relationships and gradation, and perform field moisture/density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION AGGREGATE BASE COURSES © 2015 Stantec 1 193802810 3211 23-2 SECTION 32 12 02 FLEXIBLE PAVING (STATE AID PROJECTS) PART 1 GENERAL 1.01 SUMMARY A. Section Includes Hot plant mixed asphalt -aggregate mixtures for wearing and non -wearing pavement courses. 2. Bituminous tack coat. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 16 13 - Concrete Curbs and Gutters. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Method of Measurement and Payment shall conform to MnDOT Section 2360.4 and 2360.5, except as modified herein. 2. A Bid Item has been provided for bituminous material for Tack Coat. a. Measured by volume in gallons at 60 degrees F. b. Payment for bituminous material used for Tack Coat includes compensation in full for all costs incidental to the furnishing and application at the Bid Unit Price per gallon. c. Cleaning of all debris and dirt from the previous bituminous surfaces prior to placement of Tack Coat is included in the Bid Unit Price for Tack Coat. d. Payment for tacking exposed edges of existing bituminous surfaces and concrete curb and gutter in conjunction with non wearing course placement is considered incidental to the placement of the non wearing course. 3. Bid Items have been provided for different types of bituminous mixtures: a. Measured by the weight in tons of material placed and accepted for each specified Bid Item as stated in the Bid Form. Payment shall be made in accordance with the acceptance and payment schedules provided in the 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. b. The Bid Unit Price includes both the bituminous course mixture and asphalt binder material. c. Partial payment will not exceed 70 percent of the total calculated payment until the required testing and product documentation is received and found to be acceptable to the Engineer. d. The Contractor shall note that all bituminous non wearing and wearing course is to be constructed in 2015. All costs associated with the required bituminous construction phasing and additional mobilizations will be considered incidental to the Project. 4. Preparation of Bituminous Non Wearing: Measurement and Payment shall be considered incidental and shall include the following: a. Final clean up of the bituminous non wearing course with a power pickup broom. b. Final adjustment of the structures to conform to Section 33 05 17. FLEXIBLE PAVING (STATE AID PROJECTS) © 2015 Stantec 1 193802810 321202-1 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1, Attached 2014 MnDOT Specification 2360 Plant Mixed Asphalt Pavement. a. Within this document replace the words "Department Bituminous Engineer" or "District Materials Engineer" with the word "Engineer." 2. 2357 - Bituminous Tack Coat. 3. 2399 - Pavement Surface Smoothness. 4. 2535 - Bituminous Curb. 5. 3139 - Graded Aggregate For Bituminous Mixtures. 1.04 SUBMITTALS A. Submit mixture design report to the Engineer. Conform to MnDOT Spec. 2360.2.F and 2360.2.G.8, and Division 01. B. Submit mix design report for all projects, regardless of the size of the project. C. Submit Q/C results in accordance with MnDOT Spec. 2360.2.G.8 and MnDOT's most recent Materials Control Schedule. 1.05 SEQUENCING AND SCHEDULING A. Conform to Drawings, specifically plan sheet G1.05. B. Aggregate base and concrete curb and gutter to be completed and approved by the Engineer prior to placement of bituminous surfaces. C. The Contractor shall provide a 48-hour notice for scheduling and noticing of the residents prior to paving operations. D. Adjust structures prior to placement of bituminous wearing course as specified in Section 3305 17. E. Bituminous cores for testing shall be taken 12 to 48 hours after paving operations. F. Bituminous wearing course shall be constructed in 2015 as indicated by the Final Completion Date. PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1.A, except as modified in the typical section Detail Drawing and Bid Form.Bituminous Tack Coat 1. Bituminous Material: Conform to MnDOT Spec. 2357 a. Emulsified Asphalt, Cationic, CSS -1 or CSS -1 H. FLEXIBLE PAVING (STATE AID PROJECTS) ©20155tantec 1 193802810 321202-2 PART 3 EXECUTION 3.01 GENERAL A. Conform to the requirements of MnDOT Spec 2360.3, except as modified herein. B. The Contractor to review the proposed paving sequence with the Engineer prior to placement of each bituminous course (lift). C. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. D. Preparation of Bituminous Non Wear Course 1. Final cleanup of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjust structures conforming to the requirements of Section 33 05 17. E. Joints: Where new construction meets existing bituminous surfacing, the existing surface shall be uniformly milled or saw -cut straight, and bituminous tack coat applied prior to placement of each bituminous course (lift). 1. For joint construction, an existing bituminous surface shall be considered to include any bituminous surface not paved on the same day as the new construction. The Owner may require milling or sawcutting on surfaces paved the some day, if, in the opinion of the Owner, the mix has cooled to a point where a new milled or sawed edge is necessary. 2. Construct 2 -foot wide (min.) ramp where new construction does not match existing construction (i.e. wearing course to non -wearing course). 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.3A„ except as modified herein. B. All street surfaces checked and approved by the Engineer prior to paving. C. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. D. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat is 50 degrees or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.3.B. 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. B. Restrictions 1. The tack coat shall not be applied when the road surface is wet or when the weather conditions are unsuitable. 2. The area for tack coat application shall be limited as directed by the Engineer. FLEXIBLE PAVING (STATE AID PROJECTS) 0 2015 Stantec 1 193802810 321202-3 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or signage of the area being tack coated. C. Equipment: Conform to MnDOT Spec. 2360.3B. D. Road Surface Preparation: Conform to MnDOT Spec. 2357.3C. E. Application 1. At a uniform rate conforming to MnDOT Spec. 2357.3D, but not greater than 0.05 gallon per square yard. 2. Along the front edge of the concrete curb and gutter, prior to placement of bituminous base. 3. Follow asphalt emulsion supplier recommended application rates. 3.05 PAVEMENT DENSITY A. Conform to MnDOT Section 2360.3.D, except as modified herein. 1. Pathways, Driveways, and Patching shall conform to Section 2360.3.D.2 - Ordinary Compaction Method. 2. All other Pavement Density shall conform to Section 2360.3.D.I - Maximum Density Method. B. Vibrating steel drum roller and a pneumatic tired roller employed in conjunction with each other during compaction of all wear courses. 3.06 PROTECTION REQUIREMENTS A. Protect colored concrete pavement in street with rubber mats during and after paving as described in Section 32 13 14, Concrete Walks, Medians, and Driveways. 3.07 TABLE THICKNESS AND SURFACE SMOOTHNESS REQUIREMENTS A. Conform to MnDOT Section 2360.3.E, except as modified herein. 1. Table 2360-26, Final wear adjacent to fixed structures for manholes and valves shall conform to Section 33 05 17. 2. The sentence "In addition to the list the above the pavement surface must meet requirements of 2399 (Pavement Surface Smoothness) requirements" is deleted from 2360.3.E Surface Requirements. The requirements of MnDOT 2360.3.E Surface Requirements will apply. 3. Structure Adjustment - Conform to Section 33 05 17 for tolerances. END OF SECTION FLEXIBLE PAVING (STATE AID PROJECTS) 0 2015 Sfantec 1 193802810 32 1202-4 SECTION 32 13 14 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete walkways, medians, driveways, and valley gutters. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 31 23 13 - Subgrade Preparation. 3. Section 32 11 23 - Aggregate Base Courses. 4. Section 32 12 02 - Flexible Paving (State Aid). 5. Section 32 16 13 - Concrete Curbs and Gutters. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Item for 5 In Concrete Walk has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete sidewalk shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 2. Bid Item for 7 In Concrete has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Placement of materials. 4) Finishing. 5) Curing and protection. 6) Reinforcement. 7) Backfilling. b. Excavation for concrete driveway apron shall be measured and compensated per Section 31 23 00. c. Aggregate base beneath concrete driveway apron shall be measured and compensated per Section 32 11 23. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2015 Stantec 1 193802810 32 13 14 - 1 3. Bid Item for 5 In Concrete Walk -Special has been included in the Bid Form.. Measurement shall be on the basis of in-place square foot. a. Color for the concrete walk shall be selected by the Landscape Architect from the manufacturer's full range of colors. b. Payment of the Bid Item shall include the following: 1) Concrete materials. 2) Color Additive. 3) Onsite Mockup. 4) Subgrade and base preparation. 5) Placement of materials. 6) Finishing. 7) Curing and protection. 8) Reinforcement. 9) Backfilling. c. Excavation for concrete sidewalk shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete sidewalk shall be measured and compensated per Section 32 11 23. 4. Bid Item for 7 In Concrete Walk -Special 1 has been included in the Bid Form. Measurement shall be on the basis of in-place square foot. a. Colors (two separate colors) for the concrete crosswalk panels shall be selected by the Landscape Architect from the manufacturer's full range of colors. b. Payment of the Bid Item shall include the following: 1) Saw cut and removal of street bituminous base and binder. 2) Concrete materials. 3) Color Additive. 4) Onsite Mockup. 5) Subgrade and base preparation. 6) Placement of materials. 7) Finishing. 8) Curing and protection. 9) Reinforcement. 10) Backfilling. c. Excavation for concrete walk shall be measured and compensated per Section 31 23 00. d. Aggregate base beneath concrete shall be measured and compensated per Section 32 11 23. 5. A Bid Item has been provided for 6 In Concrete Walk for Pedestrian Curb Ramp. Measurement shall be on the basis of square feet of ramp actually constructed a. Measurement of ramp shall not include adjacent concrete curb and gutter or truncated domes. Those shall be measured and compensated separately. b. Payment shall include the following: 1) Concrete materials. 2) Subgrade and base preparation. 3) Saw cutting of existing concrete sidewalk or bituminous pathway pavement. 4) Placement of materials. 5) Finishing. 6) Curing and protection. 7) Backfilling. c. Excavation for concrete pedestrian curb ramp shall be measured and compensated per Section 31 23 00. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2015 Stantec 1 193802810 321314-2 d. Aggregate base beneath concrete pedestrian curb ramp shall be measured and compensated per Section 32 11 23. 6. A Bid Item has been provided for the Truncated Dome Panel, which is part of the concrete pedestrian curb ramp. Measurement shall be on the basis of square feet of Truncated Dome Surface actually constructed a. Payment shall include the following: 1) Truncated panel materials. 2) Placement of truncated panels. 3) Joint sealing material. 4) Protection of truncated panels during construction. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 - Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3751 - Burlap Curing Blankets 7. 3753 -Type 1-D Membrane Curing Compound. 8. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 9. 3755 - Linseed Oil Membrane Curing Compound. 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation in accordance with MnDOT Spec. 2461.2.F. C. Submittals for integrally colored concrete. 1. Manufacturer's complete technical data sheets for the Colored admixture and the Curing compound. 2. Design Mixes: For each type of integrally colored concrete. 3. Samples for Initial Selection: Manufacturer's color charts showing full range of colors available. 4. Manufacturer Qualifications: Show 10 -years of experience in the production of specified products. 5. Installer Qualifications: Show 5years experience with work of similar scope and quality. 6. At least two (2) weeks prior to placement of Integrally Colored Concrete, the Contractor shall provide an onsite Mockup in accordance with the following: a. Minimum area shall be 25 SF for each concrete color. b. For accurate color, the quantity of concrete mixed to produce the samples should not be less than 3 cubic yards. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 1 193802810 32 13 14-3 c. Construct the mockup using processes, techniques and crew intended for use on permanent work, including curing procedures. d. Accepted Mockup provides the visual standard for the permanent work. e. Mockup shall remain through completion of work as a quality standard for finished work. f. Mockups not approved by the Engineer will be removed and replaced at the Contractor's cost. Accepted mockups may remain in place as port of the permanent work at the discretion of the Engineer. 1.05 SEQUENCING AND SCHEDULING A. Conform to Drawings, specifically plan sheet G1.05. B. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. C. Construction of the concrete driveway apron shall begin no sooner than 24 hours after placement of the adjacent concrete curb and gutter with completion within 5 days of curb placement. D. The contractor shall submit a sample chip of the specified color indicating the color additive number and required dosage rate to the Engineer prior to construction. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification a. Sidewalk, Residential and Commercial Driveways 1) Manual Placement Mix No. 3A32A. 2) Slip Form Placement Mix No. 3A22A. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754 1. Curing compound shall contain a fugitive dye. 2. Curing compound for colored concrete shall be a clear compound. 3. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. D. Sub -Grade Base Material 1. Select Granular Material: Conform to Section 31 23 00. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2015 Stantec 1 193802810 321314-4 2. Aggregated Base: Conforming to Section 32 11 23. E. Truncated Dome Panels: Approved products 1, East Jordan Iron Works -Cost Iron Coated - Charcoal. 2. Neenah Foundry Company- Cast Iron Coated - Charcoal. F. Concrete Color Admixture 1. The coloring agent shall be manufactured by Scofield or an approved equivalent. 2. The color additive shall bean integral color mixed according to the manufacturer's recommendations at the concrete plant and uniformly dispersed throughout the mixture. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery. B. Construct concrete walkway, and driveways at the locations and elevations indicated on the Drawings. C. Construct walkways and medians to conform to the typical section shown on the Drawings. D. Construct concrete driveway aprons to conform to the Drawings. E. Construct concrete curb ramp to conform to the Drawings. F. Verify locations with Engineer in the field prior to construction. G. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. H. Retempering of concrete which has partially hardened with or without additional materials or water is prohibited. I. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to support the concrete work shall conform to Section 32 11 23 or Section 31 23 13. Compaction of subgrade base shall conform to MnDOT Spec. 22113C. B. The foundation shall be approved by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.3C. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 1 193802810 32 13 14-5 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2521.3D.2, except as modified herein. 1. Maximum spacing of expansion joints for walkways shall be 100 feet. 2. Match joints of adjacent concrete work. 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Install three No. 4 steel reinforcing rods in lower portion of the valley gutter section with minimum 2 -inches coverage on all sides. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.31D and 2531.31D for slip form or 2531.31 for manual placement, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. B. Pedestrian Curb Ramp - Truncated Dome 1. Truncated Dome Panels - Conform to the manufacturer's recommendations for placement. 2. Truncated dome panels shall be placed (wet set) on a minimum of 6 -inches concrete and prior to finishing the adjacent concrete surface of the pedestrian ramp. The joint between the panel and concrete shall be finished with 1/2 -inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7038A or current revision for specified truncated dome surface pattern dimensions. Refer to the Drawings for actual ramp size, shape, and slopes. 4. Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated dome panels shall be no greater than 1/4 -Inch in width. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521.3E and 2521.3E.1.a (Membrane Curing Method), except as modified herein. 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3E.1 .b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. CONCRETE WALKS, MEDIANS, AND DRIVEWAYS © 2015 Stantec 1 193802810 32 13 14-6 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any concrete section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.2F.1.b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.09 BACKFILLING A. Conform to MnDOT Spec.2521.3G, except as modified herein. 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. END OF SECTION CONCRETE WALKS, MEDIANS, AND DRIVEWAYS 0 2015 Stantec 1 193802810 321314-7 This Page Left Blank Intentionally SECTION 32 14 13 PRECAST CONCRETE UNIT PAVING PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. The work in this Section includes furnishing all labor, equipment, materials, and performing all operations required for dry laid precast concrete and granite unit paving and in strict accordance with the Construction Drawings and as herein specified. B. Related Sections: 1. Section 12 92 00 - Site Furnishings 2. Section 31 32 19 - Geosynthetic Soil Stabilization and Layer Separation 3. Section 32 11 23 - Aggregate Base Courses 4. Section 32 13 14 - Concrete Walks, Medians, and Driveways 5. Section 32 93 00 - Plants 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Precast Concrete Pavers. Measurement will be by the square foot installed. Payment includes furnishing and installing the 4" thick concrete sub -slab, setting bed, and precast concrete pavers as shown on the Drawings and specified herein, including sand leveling bed, edge restraint, cutting of precast concrete pavers, sand joints, weep holes, and all other incidentals. Class 5 will be paid under Section 32 11 23 and geotextile will be paid under Section 31 32 19. 1.03 REFERENCES A. Definitions: 1. Definitions contained in ASTM C 119 apply to this Section. 2. Bedding Course: A layer of coarse washed sand screed smooth for bedding the pavers. The sand can be natural or manufactured. 3. Joint Filler: sand used to fill spaces between concrete pavers. B. Reference Standards: The following publications form a part of this Specification to the extent referenced. The publications are referenced in the text by basic designation only: 1. MnDOT: Minnesota Department of Transportation, Standard Specifications for Construction - 2014 Edition. 2. ANSI: American National Standards Institute. 3. ASTM: American Society for Testing and Materials American. 4. AASHTO: Association of State Highway Transportation Officials. 5. AAMA: American Architectural Manufacturer's Association. 6. ICPI: Interlocking Concrete Pavement Institute administrative requirements. PRECAST CONCRETE UNIT PAVING © 2015 Stan}ec 1 193802810 321413-1 C. Coordination 1. Coordinate installation with the representatives of the other trades on site and Owner's Representative to facilitate work and avoid conflicts in construction sequence and concrete paver installation. D. Sequencing 1. The Contractor is responsible for ensuring that all necessary sleeves and utilities are in place prior to installation of concrete pavers. 2. Concrete pavers shall be installed after the installation and inspection of the concrete sub -slab. All compaction and other work that would disturb the finished unit pavers or undermine the stability of the setting bed must be completed prior to unit paver installation. E. Scheduling 1. Prior to starting work, submit for review by the project Landscape Architect/Owner's Representative, and approval by the Owner, a schedule showing the commencement, order and completion date of the work. The Contractor shall notify the Landscape Architect/Owner's Representative at least five (5) working days of intent to begin installation. 1.04 SUBMITTALS A. Submit all required items for approval before work is started in accordance with Section 01 33 00, Submittal Procedures. B. Action Submittals I . Product Data: Submit Manufacturer's catalog product data, installation instructions, and material safety data sheets for the safe handling of the specified materials and products for the following: a. Concrete Pavers. b. Edge Restraints. c. Geotextile. 2. Samples a. Color options. b. Sand Joint Filler. c. Bedding Course Materials: Submit 31b sample. d. Edge Restraint: Submit 3 inch (76 mm) long edging sample of specified size and colors. C. Informational Submittals 1. Certifications: a. A copy of Subcontractor's current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. 2. Test Reports a. Sieve analysis per ASTM C 136 for grading of bedding and joint sand. 3. Qualification Statements. a. Qualification data for firms and persons specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include list of completed projects with project names, addresses, name of Engineer/Landscape Architect and Owners, plus other information specified. PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 321413-2 D. Closeout Submittals 1. Warranty Documentation 1.05 QUALITY ASSURANCE A. Qualifications 1. Installer's Qualifications: a. Company: Installation of pavers shall be performed by crews with previous experience on projects of a similar scale. Experienced crew shall be defined as a crew who has previously installed a minimum of 5,000 square feet of pavers at any one particular installation. b. Project Supervisor: 5 years of experience in paver installation and at least 3 paver projects, satisfactorily completed within the past 5 years, of similar scope and complexity to this project. c. Workers: Paver installation work shall be preformed by personal familiar with paver installation procedures and requirements, under the guidance of a qualified supervisor. B. Certifications 1. Installer shall hold a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. C. Mockups: 1. Field -Constructed Mock -Up: Prior to installation of unit pavers, erect mock-up for the form and pattern of unit pavers required to verify selections made under sample submittals. Build mock-up to comply with the following requirements, using materials and some base construction including special features for expansion joints and contiguous work as indicated for final unit of Work. a. Locate mock-up on site in location and size indicated or, if not indicated, as directed by Owner's Representative. b. Notify Landscape Architect 2 weeks in advance of the dates and times when mock-up will be erected. c. 1 concrete paver mockup is required, covering a minimum of 50 sq. ft. in area. d. Demonstrate quality of workmanship that will be produced in final unit of Work. e. Obtain Landscape Architect's acceptance of mock-up before start of final unit of Work. f. Retain and maintain mock-ups during construction in undisturbed condition as a standard for judging completed unit of Work. g. Accepted mock-ups in undistributed condition at time of Substantial Completion may become part of completed unit of Work. 1.06 DELIVERY, STORAGE, AND HANDLING A. Delivery, handling and Storage 1. Unload pavers at job site in such a manner that no damage occurs to the product or existing construction. 2. Materials shall be stored in designated areas in a neat, safe manner. 3. Store boxed products on flat surface and protect from water exposure. 4. Store materials in protected area such that they are kept free from mud, dirt, and other foreign materials, protected from weather, moisture, soiling, abrasion, extreme temperatures, and humidity. PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 321413-3 5. Cover bedding sand and joint sand with waterproof covering if needed to prevent exposure to rainfall or removal by wind. Secure the covering in place. b. Secure all materials left onsite between workdays. B. Waste Management and Disposal 1. Dispose of all waste generated from concrete paver packaging and installation as required by local ordinances. 2. Any excess material is the property of the Contractor and shall be disposed of off-site. 3. Recycle all materials that are recyclable and dispose of all organic materials at composting facilities. 1.07 FIELD CONDITIONS A. General: 1. Prior to commencing work the Contractor shall examine and verify the acceptability of the job site and notify the Owner's Representative of any unsatisfactory conditions. Do not proceed with the work until the unsatisfactory conditions have been corrected or resolved in writing by Owner's Representative. B. Conduct of Work: 1. Maintain a skilled foreman on site at all times during the installation of work. The foreman shall have the authority to act on all manners pertaining to the work. C. Limits of Construction: 1. Confine operations to areas to be improved and those allowed for material storage and staging. D. Existing Utilities: 1. Verify locations and depths of all underground utilities, public and private, prior to any excavation. E. Field Measurements: 1. Verify actual locations and dimensions of walls, tree grates, surrounding pavements, and other construction contiguous with concrete pavers by field measurements. F. Weather: 1. All Work shall be performed during seasons normally recognized as the local standard for the Work being performed. G. Cold -Weather Protection: 1. Do not use frozen materials or materials mixed or coated with ice or frost. Do not builc on frozen sub -grade or setting beds. Remove and replace unit paver work damaged by frost or freezing. 1.08 WARRANTY A. Manufacturer Warranty 1. Provide manufacturer's warranty. 2. Edge restraint shall have 15 -year limited material warranty from manufacturing defects in workmanship or material. PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 321413-4 B. Installer Warranty 1. Contractor shall submit a written guarantee that the finished area shall be free from bumps or depressions, evenly graded to levels shown, and shall be guaranteed against defects of materials or workmanship for a period of 2 years after substantial completion. PART 2 PRODUCTS 2.01 PRECAST CONCRETE UNIT PAVER A. Pavers 1. Anchor Block - Holland Plus, face mix brick red, 2-3/8 inch thick, 7-7/8 inch long by 3-7/8 inch wide, integrally colored with chamfer top four edges. B. Base Material 1. Aggregate Base: Conform to MnDOT Class 5. C. Paver Edge Restraint: 1. Description: Poly vinyl chloride (PVC) edging a. Rigid Style: For straight runs. b. Flexible Style: For curving runs. D. Bedding Course and Joint Filler: 1. Washed, clean, non -plastic, free from deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. 2. Do not use limestone screenings, stone dust, or sand for the bedding sand material that does not conform to conform to the grading requirements of ASTM C 33. 3. Do not use mason sand or sand conforming to ASTM C 144 for the bedding sand. 4. Where concrete pavers are subject to vehicular traffic, utilize sands that are as hard as practically available. 5. Sieve according to ASTM C 136. 6. Bedding Course Material Requirements: Conform to the grading requirements of ASTM C 33 with modifications as shown in Table 1. Table 1 Grading Requirements for Bedding Course ASTM C 33 Sieve Size Percent Passing 3/8 in. (9.5 mm) 100 No. 4 (4.75 mm) 95 to 100 No. 8 (2.36 mm) 85 to 100 No. 16 (1.18 mm) 50 to 85 No. 30 (0.600 mm) 25 to 60 No. 50 (0.300 mm) 10 to 30 No. 100 (0.150 mm) 2 to 10 No. 200 (0.075 mm) 0 to 1 PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 3214 13-5 Table 2 Grading Requirements for Joint Filler ASTM C 144 ASTM C 144 Natural Sand Manufactured Sieve Size No. 4 (4.75 mm) No. 8 (2.36 mm) No. 16 (1.18 mm) No. 30 (0.600 mm) No. 50 (0.300 mm) No. 100 (0.150 mm) No. 200 (0.075 mm) 2.02 MISCELLANEOUS MATERIALS: A. Geotextile Fabric: Percent Passing 100 95 to 100 70 to 100 40 to 75 10 to 35 2 to 15 0 to 1 Sand Percent Passing 100 95 to 100 70 to 100 40 to 100 20 to 40 10 to 25 0 to 10 1. Conform to the requirements of MnDOT Spec 3733 Type 4 (non -woven) or Type 5 (Woven) except as modified below: a. Minimum Fabric Weight: Type 4 8 oz/sq yd, Type 5 4.5 oz/sq yd B. Anchors 1. Spikes: 3/8 inch by 10 inches (9.5 mm by254 mm) galvanized steel spike or use 3/8" (9.5 mm) plastic washers if desired. 2.03 SUBSTITUTIONS A. Any substitution or change shall be approved in writing by the Owner's Representative. B. Contractors requesting consideration of alternate pavers shall submit to Owner's Representative, no later than 14 days prior to bid date, physical samples of alternate material conforming to the requirements as set forth in these bid documents, test data confirming the some, a list of installations comparable in size, environment, and complexity along with the name of the Owner and/or Landscape Architect of each project with their address and phone numbers and representative photographs of each project submitted. 2.04 EQUIPMENT A. Equipment Required: 1. Contractor shall provide and maintain the equipment required to complete the specified operations at all times and also have the following on site at all times. a. 1 portable compaction tester capable of measuring compaction in the soil to a minimum depth of 12 inches. 2. Contractor shall furnish and maintain all warning signs, shoring, barricades, lanterns, and other equipment as required by the Division of Industrial Safety and local ordinances. PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 32 14 13-6 PART 3 EXECUTION 3.01 EXAMINATION A. Field Measurements: 1. The Contractor shall verify site conditions and dimensions shown on the Drawings. Notify Owner's Representative of any major differences, obstructions, or utilities that in any way affect paver installation. 2. The Contractor shall not work in unpaved areas unless soil moisture is at field capacity or drier. 3. Paver contractor to verify with the electrical, irrigation and other utility contractors that all necessary sleeves have been installed prior to laying aggregate base and placing concrete sub -slab. 4. The Contractor shall be responsible for verifying the presence and location of all underground utilities and obstructions prior to excavation. Damage to utility lines, services and other structures shall be repaired at the Contractor's expense. 5. Examine surfaces indicated to receive paving, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of unit pavers. Do not proceed with installation until unsatisfactory conditions have been corrected. 6. The Contractor shall inspect the sub -grade as to soundness, elevation, outline, contour and compaction etc. Discrepancies, irregularities, etc. shall be brought to the attention of the Owner's Representative. When installation of the granular base and sand is started by the Contractor, it is assumed that the Contractor has accepted the sub -base as installed, and shall, therefore, be responsible for proper pitch, drainage and compaction from that point on. B. Preparation 1. Where existing work and improvements are in place, cover, fence, and protect all such work and improvements from damage and soiling from construction operations. 2. Contractor shall maintain and protect all temporary erosion control and tree protection on the Project site from damage during construction operations. Any damage to existing structures, vegetation to remain, and erosion control shall be reported to the Owner's Representative immediately and corrected at no cost to the Owner. 3. Remove debris and loose particles. 4. Keep area where pavers are to be installed free from sediment during entire job. Geotextiles, sub -base, base and bedding materials contaminated with sediment shall be removed and replaced with clean materials at not additional cost to the Owner. 5. Clean dirty or stained unit paver surfaces before setting. a. Scrub with fiber brushes, drench with clear water b. Use mild cleaning compounds 6. Stake/outline paver locations and on the project site for approval by the Landscape Architect before excavation for base materials. The Landscape Architect may approve adjustments to banding or planter locations to meet field conditions. PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 32 14 13-7 3.02 INSTALLATION A. Base Course: 1. Crushed aggregate base course shall be thickness shown on the Drawings and compacted in accordance with MnDOT Spec. 2105.3F.2, Quality Compaction prior to placing concrete sub -slab. B. Geotextile Fabric 1. Place geotextile immediately ahead of the covering operation: a. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. b. The geotextile shall be laid smooth without excessive wrinkles. c. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. 2. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. 3. Secure fabric in place by means of stone weights to prevent displacement. 4. If geotextile is torn or punctured, the damaged area shall be repaired or replaced: a. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. C. Bedding Course 1. Prepare setting bed by level screening bedding material to proper height. 2. Side guides (screeds) to be set at 50.8 mm below finished surface level and at proper pitch. 3. Moisten and spread bedding sand evenly over the base course and screed to a nominal 1 in. (25 mm) thickness, not exceeding 1-1/2 inch (40 mm) thickness. Spread bedding material evenly over the base course and screed rails, using the rails and/or edge restraints to produce a nominal 1 in. (25 mm) thickness, allowing for specified variation in the base surface. 4. Fill voids left by removed screed rails with additional bedding material. 5. Screed area shall not substantially exceed that which is covered by pavers in one day. 6. Do not use bedding material to fill depressions in the base surface. 7. Bedding material lift to be a uniform thickness at all points. Bedding material must be smooth and without low spots. The surface tolerance of the screed bedding layer shall be ± 3/8 ch (10 mm) over a 10 ft (3 m) straightedge. 8. Do not compact screed bedding course. 9. Do not subject screed bedding course to any pedestrian or vehicular traffic before paving unit installation begins. D. Paver Placement 1. Begin laying pavers from a convenient edge. Pavers are to be set hand tight with joints 1/16 inch to 3/16 inch maximum. Place whole pavers over entire area and then go back to make necessary paver cuts to finish area. Lay unit pavers in pattern shown on Drawings. 2. Select units as per manufacture's recommendations to blend color variations. 3. Fill gaps at the edges of the paved area with cut units. Cut pavers shall be no smaller than 2/3 of a whole unit, unless otherwise approved by the Landscape Architect. 4. Cut pavers and place along the edges with motor -driven masonry saw equipment to provide a clean, sharp, unchipped edge. All cut faces shall be vertical. Dry cutting of pavers shall be performed utilizing a dust collection system. Cut units to provide PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 321413-8 pattern indicated and to fit adjoining work neatly. Use full units without cutting where possible. Hammer cutting or splitting is not approved. Inspect installed pavers for any damaged units and remove and replace those units. 5. Install edge restraint as detailed between pavers and landscaped areas. 6. Adjust bond pattern at pavement edges such that cutting of edge pavers is minimized. All cut pavers exposed to vehicular tires shall be no smaller than one-third of a whole paver. Cut pavers at edges as indicated on the Drawings. 7. Keep skid steer and forklift equipment off newly laid pavers that have not received initial compaction and joint sand. 8. Use a low -amplitude plate compactor capable of at least minimum of 4,000 Ibf (18 kN) at a frequency of 75 to 100 Hz to vibrate the pavers into the sand. Remove any cracked or damaged pavers and replace with new units. 9. Simultaneously spread, sweep and compact dry joint sand into joints continuously until full. This will require at least 4 to 6 passes with a plate compactor. Do not compact within 6 ft (2 m) of unrestrained edges of paving units. 10. All work within 6 ft. (2 m) of the laying face must shall be left fully compacted with sand -filled joints at the end of each day or compacted upon acceptance of the work. Cover the laying face or any incomplete areas with plastic sheets overnight if not closed with cut and compacted pavers with joint sand to prevent exposed bedding sand from becoming saturated from rainfall. 11. Remove excess sand from surface when installation is complete. Note: Excess joint sand can remain on surface of pavers to aid in protecting their surface especially when additional construction occurs after their installation. Remove excess sand when directed by [Architect]. 12. Surface shall be broom clean after removal of excess joint sand. 3.03 FIELD QUALITY Control A. Tolerances: 1. Variation in Line: Do not exceed 1/8 inch in 96 inches (3 mm in 2400 mm), 114 inch in 20 feet (6 mm in 6 m), or 3/8 inch (10 mm) maximum. 2. Variation in Joint Width: Do not vary joint thickness more than 1/16 inch (1.5 mm) or 1/4 of nominal joint width, whichever is less. 3. Variation in Surface Plane: Do not exceed 1/8 inch in 10 feet (3 mm in 3 m), 1/4 inch in 20 feet (6 mm in 6 m), or 3/8 inch (10 mm) maximum from level or slope indicated. 4. Variation in Plane between Adjacent Units (Lippage): Do not exceed 1/32 -inch (0.8 - mm) difference between planes of adjacent units. B. After sweeping the surface clean, check final elevations for conformance to the Drawings and these Specifications. 3.04 CLEANING, REPAIR AND RESTORATION A. Remove and replace unit pavers that are loose, chipped, broken, stained, or otherwise damaged, or if units do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as original units, with some joint treatment and with no evidence or replacement. B. All damage to project site from paver installation work must be repaired by the Contractor, at no cost to the Owner. C. Soil, dust, or similar material brought into paved areas by work operations shall be removed promptly, keeping these areas clean at all times. Upon completion of paver PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 32 14 13-9 installation, surplus materials, equipment and debris resulting from these operations shall be disposed of off site. D. Existing plants to remain damaged by the Contractors operations will be appraised using the International Society of Arboriculture (ISA) guide. The Contractor shall be responsible for replacement, repair, and/or payment in damages in accordance with MnDOT 1712. E. Restore areas damaged during installation and construction period to their original condition or to desired new appearance so no evidence remains of correction work. 3.05 PROTECTION A. Contractor is responsible for protecting the installed work from damage, sediment deposition, soiling, or staining during any additional construction operations conducted under this contract with temporary protective coverings, at no additional cost to the Owner. Protective coverings shall be removed at time of Substantial Completion. B. Work related to the precast concrete unit pavers included in this section shall not disturb or damage the surrounding landscape, including, but not limited to utilities, concrete work, bituminous asphalt, landscaping, lawns, and site furnishings. It is this Contractor's responsibility to ensure that all necessary sleeves and utilities are in place prior to installation of the paver installation. Any damage caused by the work to the surrounding landscape must be replaced by this Contractor at no cost to the Owner. END OF SECTION PRECAST CONCRETE UNIT PAVING © 2015 Stantec 1 193802810 321413-10 SECTION 32 16 13 CURBS AND GUTTERS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Cast -in-place concrete curbs, and concrete curb and gutter. B. Related Sections 1. Section 32 11 23 - Aggregate Base Courses. 2. Section 32 12 02 - Flexible Paving (State Aid). 3. Section 32 13 14 - Concrete Walks, Medians, and Driveways. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for Concrete Curb and Gutter Design B618. Measurement of curb and gutter shall be by the lineal foot measured along the face of the curb at the gutter line for each type. Payment shall include materials, preparation, placement, finishing, curing, protection, reinforcement, and backfilling. Measurement shall not include frames/castings that are located along the face of curb. 2. Bid Items have been provided for Concrete Curb Design V6. Measurement of curb shall be by the lineal foot measured along the face of the curb. Payment shall include materials, preparation, placement, finishing, curing, protection, and backfilling. 3. No separate measurement or payment for modifications at curb ramps, transition sections, or 13618 curb installed at catch basins and radii. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing Materials (ASTM) 1. C260 - Air -Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2461 - Structural Concrete. 2. 2531 - Concrete Curbing. 3. 3101 -Portland Cement. 4. 3113 - Admixtures for Concrete. 5. 3702 - Preformed Joint Fillers. 6. 3751 - Burlap Curing Blankets 7. 3754 - Poly -Alpha Methylstyrene (AMS) Membrane Curing Compound. 8. 3755 - Linseed Oil Membrane Curing Compound. CURBS AND GUTTERS © 2015 Stantec 1 193802810 32 16 13 - 1 1.04 SUBMITTALS A. Submit one 7 -day and two 28 -day concrete cylinder test results for all concrete pours in any given day. B. Submit MnDOT approved design mix for each concrete mix designation used. If a MnDOT approved mix design is unavailable, the Engineer will establish the job mix proportions. 1.05 SEQUENCING AND SCHEDULING A. Install concrete curb and gutter within 1 week after aggregate base has been completed and approved. B. Concrete curb and gutter construction precedes installation of pavement. C. Coordinate notifications of restricted driveway access with Engineer and Property Owners. Minimizing inconvenience to businesses and residents is a necessity to the success of the Project. D. Spot replacement of curb and gutter should be completed prior to any bituminous paving in these areas. E. In spot replacement areas, install new curb and gutter within 3 days of removal. F. Concrete Curb Design V6 will be used for plantings as shown on the plans. G. Concrete curb construction preceded installation of plants and planting mediums. PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to Conform to MnDOT Spec. 2461, except as modified herein. 1. Portland Cement: Conform to MnDOT Spec. 3101 a. Type 3 air -entraining concrete produced by using Type I Portland Cement. 2. Air -Entraining Admixtures: Conform to MnDOT Spec. 3113 a. Conforming to ASTM C260. b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification for Concrete Curb and Gutter. a. Manual Placement Mix No. 3A32C. b. Slip Form Placement Mix No. 3A22C. B. Pre -Formed Joint Filler: Conform to MnDOT Spec. 3702. C. Curing Compound: Conform to MnDOT Spec. 3754. 1. Curing compound shall contain a fugitive dye. 2. Only MnDOT approved membrane curing compounds will be allowed for use. MnDOT shall pre -approve all curing compounds. The most current approved lots and batches with product expiration dates are available from the MnDOT Products website. All curing compounds shall comply with the requirements of the MnDOT Curing CURBS AND GUTTERS 0 2015 Stantec 1 193802810 32 16 13-2 Compound Manufacturer Approval Program, including pre -testing of all materials by the manufacturer. PART 3 EXECUTION 3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of material delivery to Site. B. Construct concrete curb and gutter at the locations and elevations indicated on the Drawings. C. Construct the style or type of curb and gutter as shown on the Drawings. D. Construct intersection curb radii and transitions sections to conform to the detail on the Drawings. E. Construct transition sections at inlet structures to conform to the detail on the Drawings. F. Construct concrete curb ramp depressions to conform to the detail on the Drawings. G. Construct curb transitions for driveways to conform to the detail on the Drawings. Locations to be verified by Engineer at the time of construction. H. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. I. Retempering of the concrete which has partially hardened with or without additional materials or water is prohibited. J. Concrete washout locations shall conform to the requirements of the NPDES. 3.02 FOUNDATION PREPARATIONS A. Support on a compacted aggregate base 1. Conform to typical sections as shown on the Drawings. 2. Conform to Section 32 11 23. 3. Aggregate base shall be approved by Engineer prior to curb and gutter placement. 3.03 FORMS A. Conform to MnDOT Spec. 2531.36. 3.04 JOINT CONSTRUCTION A. Conform to MnDOT Spec. 2531.3E, except as modified herein. 1. Maximum spacing of expansion joints for slip formed shall be 200 feet. CURBS AND GUTTERS © 2015 Stantec 1 193802810 3216 13-3 3.05 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3F, except as modified herein. 1. Where required, install two No. 4 steel reinforcing rods in lower portion of the curb section with a minimum of 2 -inch coverage on all sides. a. Placement at catch basins conform to the details on the Drawings. 3.06 PLACING AND FINISHING A. Conform to MnDOT Spec. 2531.3C, except as modified herein. 1. The top surface of the curb and gutter shall have a brush finish at right angles to the curb line. 3.07 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G.1.a (Membrane Curing Method), except as modified herein. 1. All surfaces shall be coated with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane -curing compound must be applied in 2 different directions perpendicular to each other. 3. A second application of membrane curing compound shall be applied 4 to 8 hours after the first application at the specified rate. 4. Cold weather curing when temperatures fall below 40 degrees during placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G.1.b curing blanket method, except as modified below: a. If temperatures are projected to fall below 32 degrees within 24 hours of concrete placement, insulated blankets shall be using for curing. b. All costs associated with blanket curing shall be incurred by the Contractor. 5. The freshly finished surface shall be protected, surfaces pitted by rain will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.08 BACKFILLING A. Conform to MnDOT Spec. 2531.3H, except as modified herein. 1. Initial Backfilling a. Follow the 72 -hours curing period with completion within 6 days of original placement. b. Tolerance within 0.3 feet to the top of curb elevation. 2. Final Grading a. Following completion of private utility work by others. 3. Curb damaged during backfilling is the responsibility of the Contractor. 3.09 HIGH EARLY CONCRETE A. Conform to MnDOT Spec. 2461.21'.1.1b, except as modified herein. 1. High early concrete shall be designed to provide a maximum water/cementitous ratio of 0.38. CURBS AND GUTTERS 0 2015 Stantec 1 193802810 32 16 13-4 2. High early concrete shall be designed to provide a minimum flexural strength of 500 psi and a minimum compressive strength of 3,000 psi in 48 hours. 3. High early concrete may be included as a separate Bid Item or as an Engineer ordered material. In absence of a separate Bid Item for high early strength concrete, compensation will be at an agreed upon price not to exceed 20 percent above the Contract cubic yard price for standard strength concrete for the quantity ordered by the Engineer. The price shall be agreed upon prior to placement. 3.10 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531.31, except as modified herein. 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 -foot straight edge, will be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. END OF SECTION CURBS AND GUTTERS © 2015 Stantec 1 193802810 32 16 13-5 This Page Left Blank Intentionally SECTION 32 17 23 PAVEMENT MARKINGS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Pavement markings for control and guidance of traffic. B. Related Sections 1. Section 32 12 02 - Flexible Paving (State Aid). 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items for pavement markings of each type are provided. Payment of each Bid Item shall be compensation in full for all costs incidental thereto, including but not limited to surface preparation, traffic control measures, maintaining the Work, removal of temporary pavement markers, together with any other expenses incurred in completing the Work that are not specifically included for payment under the Contract Bid Items. a. A Bid Item has been provided for 24" Solid White Stop Bar. 1) Shall be measured by the lineal foot on the basis of length actually applied, at 24 inch width. 2) The second application shall be considered incidental to the payment of the first application. b. A Bid Item has been provided for 4" Double Solid Line, Yellow. 1) Shall be measured by the lineal foot on the basis of length of double yellow lines actually applied, at a 4 inch width. 2) The second application shall be considered incidental to the payment of the first application. c. A Bid Item has been provided for 4" Solid Line, White. 1) Shall be measured by the lineal foot on the basis of length of lines actually applied, at a 4 inch width. 2) The second application shall be considered incidental to the payment of the first application. Ell. A Bid Item has been provided for Crosswalk Marking Paint. 1) Shall be measured by the area of painted crosswalk in square feet on the basis of 3' by 6' blocks actually applied. 2) The second application shall be considered incidental to the payment of the first application. e. A Bid Item has been provided for Pavement Message, (Right Arrow) Paint. 1) Shall be measured by each actually applied. 2) The second application shall be considered incidental to the payment of the first application. f. A Bid Item has been provided for Pavement Message, (Left Arrow) Paint. 1) Shall be measured by each actually applied. 2) The second application shall be considered incidental to the payment of the first application. PAVEMENT MARKINGS © 2015 Stantec 1 193802810 32 17 23 - 1 g. A Bid Item has been provided for Pavement Message, (Left/Thru Arrow) Paint. 1) Shall be measured by each actually applied. 2) The second application shall be considered incidental to the payment of the first application. h. A Bid Item has been provided for Pavement Message, (Right/Thru Arrow) Paint. 1) Shall be measured by each actually applied. The second application shall be considered incidental to the payment of the first application. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2582 - Permanent Pavement Markings. 2. 3354 - Preformed Pavement Marking Tape for Permanent Traffic Lane Delineation and Legends. 3. 3591 - High Solids Water Based Traffic Paint. 4. 3592 - Drop -On Glass Beads. 5. Improved Patterned Polymer Pavement Marking Tape for Lines and Selected Symbols and Legends. 6. High Durability Preformed Pavement Markings. 7. The Application Specification for Conventional Pavement Marking Materials. 8. 3 -Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. 1 copy of the chosen paint lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. C. MnDOT Certification approvals. 1.05 SEQUENCING AND SCHEDULING A. Conform to the requirements of MnDOT Specifications. PART 2 PRODUCTS 2.01 MATERIALS A. Paint 1, High Solids Water Based a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Colour Index Pigment Yellow No. 65 or No. 75. d. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. 2. 3 -Minute Dry Alkyd a. Free of toxic heavy metals, including lead, mercury, and cadmium. b. Track Free Time - 3 minutes or less. c. Yellow Prime Pigment - Color Index Pigment Yellow No. 65 or No. 75. PAVEMENT MARKINGS 0 2015 Stantec 1 193802810 32 1723-2 all. White Color - Flat white. e. Yellow Color - Color No. 33538 of Federal Standard 595. B. Glass Beads 1. Conform to MnDOT Spec. 3592. 2.02 EQUIPMENT A. General 1. Vehicles used shall be deployed and equipped with traffic control devices set forth in the "Minnesota Manual on Uniform Traffic Control Devices, Field Manual." 2. Shadow vehicle with truck -mounted attenuator shall be used on streets with posted speed equal to or greater than 40 m.p.h. or ADT greater than 1,500 vehicles per day. 3. Equipment used for spray applications shall be capable of applying glass beads by a pressurized system at a rate of at least 25 lbs/gal. 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water-based materials. PART 3 PART 3 EXECUTION 3.01 GENERAL A. The pavement marking crew shall include at least 1 technical expert knowledgeable in each of the following areas: 1. Equipment operation. 2. Application techniques. 3. Traffic control. 4. Safety regulations. B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be performed on unprotected pavement surfaces, unless adequate provisions are made to prevent spillage of material. 3.02 SCHEDULE A. Paint Pavement Markings 1. Place following completion of bituminous wear course: a. No sooner than 24 hours after placement of bituminous. b. Within 5 working days of completion of bituminous placement. 3.03 PREPARATION A. Locations 1. In general accordance with the Drawings. a. Location of marking designating no passing zones to be coordinated with corresponding traffic signs. 2. The Engineer will place necessary "Spotting" at appropriate points. a. Horizontal control. b. Starting and stopping points. c. Broken line intervals will not be marked. d. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. PAVEMENT MARKINGS © 2015 Stantec 1 193802810 321723-3 e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 3. Edge lines and lane lines are to be broken only at intersections with public roads and at private entrances if they are controlled by a yield sign, stop sign, or traffic signal. 4. The break point is to be at the start of the radius for the intersection or at marked stop lines or crosswalks. B. Street Surface 1. Engineer may direct cleaning of surface as necessary immediately prior to marking application. a. Brushing with non-metallic rotary broom. b. Other cleaning method approved by Engineer. c. Air blast following cleaning. 2. Surface must be dry. 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General 1. Tolerance a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified width will be allowed for striping provided the variation is gradual and does not detract from the general appearance. b. Length: Broken line segments may vary up to 2-3/4 inches from the specified lengths provided the over and under variations are reasonably compensatory. c. Alignment: Deviations from the control guide shall not exceed 2 inches. d. Establishment of application tolerances shall not relieve the Contractor of his responsibility to comply as closely as practicable with the planned dimensions. 2. Material shall not be applied over longitudinal joints. 3. 4 -inch broken line consists of 10 feet of paint and 40 feet space (1 cycle). 4. If same equipment used for different color material with change in color, an amount of material equal to fifteen 10 -foot long stripes shall be wasted prior to beginning application with the new color. 5. Conditions a. Markings shall not be applied when wind or other conditions cause a film of dust to be deposited on the pavement surface after cleaning and before the marking material can be applied. b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air temperature is 50 degrees F or higher. B. Paint 1. Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous base course shall be applied once. 4. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads 1. Shall be applied immediately after application of paint markings. 2. Rate of application shall be 8 lbs. per gallon. PAVEMENT MARKINGS © 2015 Stantec 1 193802810 32 1723-4 3.05 CORRECTION OF DEFECTS A. All pavement markings not conforming to the requirements of the Specifications shall be removed and replaced, or otherwise repaired to the satisfaction of the Engineer. B. Where yield computations show a deficiency in material usage of not more than 20 percent, Owner may require satisfactory repair or may accept the Work at a reduced Bid Unit Price that is in direct proportion to the percent of the deficiency. C. Where yield computations show a deficiency in material usage in excess of 20 percent, Owner will require removal and replacement to the satisfaction of the Engineer, unless other means are approved by the Engineer. D. If removal and replacement is required, at least 90 percent of the deficient line shall be removed. E. Width of removal shall be 1 inch wider on all sides than the nominal width of the marking to be removed. F. Removal of unacceptable Work shall be accomplished with suitable blasting or grinding equipment, unless other means are authorized by the Engineer. Bituminous street surfacing shall not be damaged by the removal operation. END OF SECTION PAVEMENT MARKINGS 0 2015 Stantec 1 193802810 32 1723-5 This Page Left Blank Intentionally SECTION 32 31 27 WOVEN WIRE FENCES AND GATES PART GENERAL 1.01 SUMMARY A. Section Includes 1. Woven wire fencing. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Chain Link Safety Fence. Chain Link Safety Fence shall be 5 feet in height and shall be measured on a linear foot basis and paid for at the Bid Unit Price. Payment shall be compensation in full for all labor, materials, and equipment required to provide the fence and accessories, including removal. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2557 - Fencing. 2. 3376 - Fence Wire. 3. 3379 - Fence Gates. 4. 3406 - Structure Metal Fence Posts. 1.04 SUBMITTALS A. Shop drawings are not required. PART 2 PRODUCTS 2.01 WOVEN WIRE A. Conform to the requirements of MnDOT Spec. 3376.2B 2.02 STRUCTURAL METAL FENCE POSTS A. Conform to the requirements of MnDOT Spec. 3406, Grade 1 galvanized PART 3 EXECUTION 3.01 WORKMANSHIP A. Construction shall be in accordance with MnDOT Spec. 2557.3. B. Because the Chain Link Safety Fence is temporary, electrical grounds will not be required. WOVEN WIRE FENCES AND GATES 0 2015 Stantec 1 193802810 3231 27 - 1 C. All wire shall be tightly stretched and neatly secured to posts and rails. D. Fence shall be complete in every respect, including items recommended by the manufacturer for first quality construction. E. Fence and all appurtenances shall be removed from the site at project completion or at the direction of the Engineer. END OF SECTION WOVEN WIRE FENCES AND GATES 0 2015 Stantec 1 193802810 3231 27-2 SECTION 32 32 23 SEGMENTAL RETAINING WALLS PART 1 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of furnishing and installing a Segmental Retaining Wall (SRW) System in accordance with the following Specifications and in close conformity with the lines, grades, design, and dimensions shown on the Drawings. The Engineer reserves the right to alter the alignment to improve constructability and aesthetics. 1.02 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Segmental Block Retaining Wall. Measurement shall be on the basis of square feet of surface area constructed: 1. Buried courses shall be included in the area measurement. 2. Payment at the Bid Unit Price shall include: a. Masonry units. b. Aggregate base and backfill materials. c. Filter fabric. d. Geogrid reinforcement. e. All other labor and materials necessary to completely construct the wall in accordance with the Drawings and Specifications. B. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Engineering Design: 1. NCMA Design Manual for Segmental Retaining Walls, Second Edition -1997. 2. ASTM 6638-01 Determination of Connection Strength Between Geosynthetics and Segmental Concrete Units. 3. NCMA SRWU-2 Determination of Shear Strength Between Segmental Concrete Units. B. Segmental Retaining Wall Units: 1. ASTM C140 -Sampling and Testing Concrete Masonry Units. 2. ASTM C1262 -Standard Test Method for Evaluating the Freeze -Thaw Durability of Manufactured Concrete Masonry Units and Related Concrete Units. 3. ASTM C1372 -Standard Specification for Segmental Masonry Retaining Wall Units. C. Geosynthetic Reinforcement: 1. ASTM D4595 - Standard Test Method for Tensile Properties of Geotextiles by the Wide - Width Strip Method. 2. ASTM D5262 - Standard Test Method for Evaluating the Unconfined Tension Creep Behavior of Geosynthetics. 3. Geosynthetic Research Institute (GRI): a. GRI - GG4 Determination of Long Term Design Strength of Geogrids. b. GRI - GG5 Determination of Geogrid (soil) Pullout. SEGMENTAL RETAINING WALLS 0 2015 Stantec 1 193802810 323223-1 D. Drainage Pipe: 1. ASTM 3034 - Specification for Polyvinyl Chloride (PVC) Plastic Pipe. 2. ASTM D1248 -Specification for Corrugated Plastic Pipe. E. Soils: 1. ASTM 698 -Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort. 2. ASTM 448 - Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 3. ASTM 422 - Particle Size Analysis. 1.04 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Submit wall unit manufacturer's information, including wall unit sizes, shapes, materials, colors, patterns, etc. Include standard design information for proposed units, including allowable heights for various soil types, back slope conditions and surcharge conditions. Indicate which design sections are applicable for each location proposed. C. Material Submittals - Submit manufacturers' certifications, prior to the start of work, stating the SRW units, backfill, and the drainage aggregate meet the requirement of Part 2 - Products. Provide a list of successful projects with references showing that the installer for the segmental retaining wall is qualified and has a record of successful performance. D. Samples - Color of wall units and cap units shall be determined by the Owner prior to design. Submit standard color pallets and facing choices to the Engineer for final selection. Furnish 1 unit in the color and face pattern selected, if requested. Furnish one 12 inch square or larger piece of the geosynthetic reinforcement to be used on the Project, if requested. E. Submit Surface Sealer manufacturers' data. 1.05 WALL DESIGN CRITERIA A. Retaining walls shall be designed in accordance with recommendations of the NCMA Design Manual for Segmental Retaining Walls, Third Edition - 2014. The design provided by the Contractor shall consider the internal stability, including pullout, tensile overstress and internal sliding. The design shall also include external stability of the reinforced soil mass, including base sliding, overturning, and bearing. Analysis of the global stability or general mass movement of the SRW and adjacent soil mass, bearing capacity, and settlement estimates shall be determined by the Engineer employed by the Owner. 1.06 DELIVERY, STORAGE, AND PRODUCT HANDLING A. The Contractor shall inspect the material upon delivery to assure that the proper type and grade material has been received. B. The Contractor shall store and handle all materials in accordance with manufacturer's recommendations and in a manner to prevent deterioration or damage due to moisture, temperature changes, contaminants, corrosion, breaking, chipping, or other causes. SEGMENTAL RETAINING WALLS 2015 Stantec 1 193802810 323223-2 1.07 APPROVED SEGMENTAL RETAINING WALL SYSTEMS A. Suppliers of segmental retaining wall systems shall have demonstrated experience in the construction of similar size and types of segmental retaining walls on previous projects. Block used on the project shall meet the special compressive strength and durability requirements specified below in Part 2 - Products. Suppliers currently approved for this work are: 1. Anchor Block Wall Systems. 2. Keystone Retaining Wall Systems. 3. Rockwood Retaining Walls, Inc. 4. Versa -Lok Retaining Wall Systems. 5. Allan Block Retaining Wall Systems. 6. Oran approved equal. PART 2 PRODUCTS 2.01 CONCRETE SEGMENTAL RETAINING WALL UNITS A. Color and face pattern of wall units and cap units shall be determined by Owner prior to design. B. Retaining wall units shall be approximately 18 inches wide x8 inches high with a straight face and split rock textured surface. C. Cap units shall be compatible with wall units and shall be sloped to shed water. 2.02 DRAINAGE PIPE A. The drainage collection pipe shall be perforated or slotted, PVC or corrugated HDPE pipe. The pipe may be covered with a geotextile sock that will function as a filter. B. Drainage pipe shall be manufactured in accordance with ASTM D3034 and/or ASTM D1248. 2.03 DRAINAGE AGGREGATE A. Drainage aggregate shall be clean crushed stone or granular fill meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passing 1 inch 100 3/4 inch 100-75 No.4 60-0 No. 40 50-0 No. 200 5-0 2.04 REINFORCED BACKFILL A. Reinforced backfill shall be free of debris and consist of 1 off the following inorganic USCS soil types: GP, GW, SW, SP, SM meeting the following gradation as determined in accordance with ASTM D422: Sieve Size Percent Passing 2 inch 100-75 3/4 inch 100-75 SEGMENTAL RETAINING WALLS © 2015 Stantec 1 193802810 323223-3 Sieve Size Percent Passing No. 4 100-20 No. 40 60-0 No. 200 35-0 The plasticity of the fine fraction of the reinforced soil shall be less than 6. B. The maximum aggregate size shall be limited to 3/4 inch unless field tests have been performed to evaluate potential strength reductions to the geogrid design due to damage during construction. C. Material can be site excavated soils where the above requirements can be met and whose soil properties meet the soil design properties. Unsuitable soils for backfill (high plastic clays or organic soils) shall not be used in the backfill or in the reinforced soil mass. D. Contractor shall submit reinforced fill sample and laboratory test results to the Architect/Engineer for approval prior to the use of any proposed reinforced fill material 2.05 LEVELING BASE A. Leveling base material shall consist of a compacted crushed stone base or non -reinforced concrete as shown on the Drawings: 1. Aggregate Base: Crushed stone or granular fill meeting the following tradition as determined in accordance with ASTM D448: Sieve Size Percent Passing 1 inch 100 No.4 70-35 No. 40 35-10 No. 200 10-3 Base thickness shall be 6 inches (minimum compacted thickness). B. Concrete Base: Nonreinforced lean concrete base: 1. Compressive Strength: 500 psi (maximum). 2. Base thickness shall be 6 inches. 2.06 SURFACE SEALER A. Approved surface sealers are: 1. TK Products 1140 West 47th Street Minnetonka, MN 55343 Product Name: TK -590-40 TK -290-12 TK -290 WB 20 2. ChemRex, Inc. 889 Valley Park Drive Shakopee, MN 55379 Product Name: Hydrozo Enviroseal 40 Hydrozo Enviroseal 20 3. Prosoco 3741 Greenway Circle Lawrence, KS 66046 Product Name: Sure Kleon Weather Seal SL40 Sure Klean Weather Seal Siloxane WB 4. Other products approved by the Engineer SEGMENTAL RETAINING WALLS © 2015 Stantec 1 193802810 323223-4 2.07 ADHESIVE A. Adhesive for anchoring cap unit to the course below shall be Sta-Stuck SS400 construction adhesive, or equal. PART 3 EXECUTION 3.01 EXAMINATION A. Examine the areas and conditions under which the retaining wall system is to be erected and notify the Engineer in writing of conditions detrimental to the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected. B. Promptly notify the wall design Engineer of Project Site conditions which may affect wall performance, soil conditions observed other than those assumed, or other condition that may requires a reevaluation of the wall design. C. Verify the location of existing structures and utilities prior to excavation. 3.02 PREPARATION A. Ensure surrounding structures are protected from the effects of wall excavation. B. Excavation support, if required, is the responsibility of the Contractor, including the stability of the excavation and its influence on adjacent properties and structures. 3.03 EXCAVATION A. Contractor shall excavate to the lines and grades shown on the Construction Drawings. Owner's representative shall inspect the excavation and approve prior to placement of leveling material or fill soils. Proof roll foundation area as directed to determine if remedial work is required. B. All excavations shall be in accordance with OSHA regulations. C. Over -excavation and replacement of unsuitable foundation soils and replacement with approved compacted fill will be compensated as agreed upon with the Owner. 3.04 BASE LEVELING PAD A. Leveling pad material shall be placed to the lines and grades shown on the Construction Drawings, to a minimum thickness of 6 inches and extend laterally a minimum of 6 inches in front and behind the modular wall unit. B. Soil leveling pad materials shall be compacted to 98 percent of maximum density as determined by ASTM D698 - Standard Proctor density. C. Leveling pad shall be prepared to insure full contact to the base surface of the concrete units. SEGMENTAL RETAINING WALLS © 2015 Stantec 1 193802810 323223-5 3.05 MODULAR UNIT INSTALLATION A. First course of units shall be placed on the leveling pad at the appropriate line and grade. Alignment and level shall be checked in all directions and insure that all units are in full contact with the base and properly seated. B. Place the front of units side-by-side. Do not leave gaps between adjacent units. Layout of corners and curves shall be in accordance with manufacturer's recommendations. C. Install shear/connecting devices per manufacturer's recommendations. D. Place and compact drainage fill within and behind wall units. Place and compact backfill soil behind drainage fill. Follow wall erection and drainage fill closely with structure backfill. E. Maximum stacked vertical height of wall units, prior to unit drainage fill and backfill placement and compaction, shall not exceed 2 courses. 3.06 BACKFILL PLACEMENT A. Backfill shall be placed, spread, and compacted in such a manner that minimizes installation damage. B. Backfill shall be placed and compacted in lifts not to exceed 6 inches where hand compaction is used or 8 inches where heavy compaction equipment is used. Lift thickness shall be decreased to achieve the required density as required. C. Backfill shall be compacted to 95 percent of maximum density as determined by ASTM D698 - Standard Proctor density. The moisture content of the backfill material prior to and during compaction shall be uniformly distributed throughout each layer and shall be dry of optimum, +/- 2 percent of optimum. D. Only lightweight hand -operated equipment shall be allowed within 3 feet from the back of the modular concrete unit. E. At the end of each day's operation, the Contractor shall slope the last lift of backfill away from the wall units to direct runoff away from wall face. The Contractor shall not allow surface runoff from adjacent areas to enter the wall construction site. 3.07 CAP INSTALLATION A. Cap units shall be glued to underlying units with an all-weather adhesive recommended by the manufacturer. B. Adjacent cap units shall have a gap of no greater than 1/4 inch. 3.08 AS -BUILT CONSTRUCTION TOLERANCES A. Vertical Alignment: ± 1.5 inch over any 10 foot distance. B. Wall Batter: Within 2 degrees of design batter. C. Horizontal Alignment: ± 1.5 inch over any 10 foot distance. Corners, bends, curves ± 1 foot to theoretical location. SEGMENTAL RETAINING WALLS 0 2015 Stantec 1 193802810 323223-6 D. Maximum horizontal gap between erected units shall be 1/2 inch. 3.09 PROTECTION AND CLEANING A. Adequately brace work to prevent damage of any kind. B. Protect installed material to prevent staining or damage from the elements. C. At a time near completion of work, clean all exposed surfaces to provide a uniform appearing job. D. Apply surface sealer at manufacturer's recommendations. 3.10 WALL SEALER A. All units shall have their surfaces sealed. B. Surface sealing shall consist of preparation, furnishing and applying the surface sealer to the top, exposed front face, and backside of the upper 3 courses. C. The Contractor shall comply with the manufacturer's written instruction for preparing, handling, and applying the surface sealer. D. The surface to be treated shall receive a light water -blast to the extent that the surface is clean and free of oils. E. Before the surface sealer is applied, the surface to be sealed shall be dry and free of all dust, debris, and frost. Surface sealer shall be applied at the heaviest application rate specified by the sealer manufacturer. END OF SECTION SEGMENTAL RETAINING WALLS 0 2015 Stantec 1 193802810 323223-7 This Page Left Blank Intentionally SECTION 32 90 00 IRRIGATION SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. General Conditions Requirements for the design and installation of a fully operable automatically controlled in -ground irrigation system, including connection to existing water service inside existing building. Design shall provide for water -efficient irrigation system with documented reduction in water usage to 75 percent of a typical irrigation system at minimum. B. RELATED SECTIONS 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 3. Section 32 92 00 - Turf and Grasses. 4. Section 32 93 00 - Plants. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items has been provided for items related to irrigation. Payment at the Bid Unit Price shall be considered compensation in full for all materials and Work required to furnish and install the Bid Items in place. 1.03 DESCRIPTION A. Scope Of Work 1. Provide detailed design of an irrigation system for the Site and a Watering Schedule prior to installation. The limits of the areas to be irrigated are indicated on the Drawings. Over spray onto walks, buildings, vehicles and other paving or structures is not allowed. Design to include nozzle selection, head height selection and locations, zoning, pipe sizing, and control systems. Zones to be established exclusively for each type of irrigation (i.e. rotary spray, pop-up spray, bubbler, subsurface drip) and exposure conditions (i.e. south and west facing, north and east facing, top of slopes, etc.). Design details to be submitted to the Engineer and Owner for review prior to purchasing any materials. 2. Contractor is responsible for providing and installing a system with full and complete coverage. Provide labor, materials, transportation and services necessary to furnish and install the Irrigation System as shown on the Drawings and described herein. Items of work specifically included are: a. Procurement of all applicable licenses, permits, and payment of required fees. b. Coordination of Utility Locates ("Gopher State One Call"). c. Maintenance period. d. Sleeving for irrigation pipe and wire. e. Furnish and install the irrigation control system, sub -meter, RPZ backflow preventer, and all other components including but not limited to equipment shown on the plans that are required to provide a fully functioning system.. f. Testing of the complete irrigation system. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-1 g. Startup of system, maintenance period, and shutdown of the system, including winterization, after the first season of operation. h. Provide Owner's employees with operational training and Operation and Maintenance Manuals for all components. I. Coordination with all other trades. j. All required submittals. 1.04 QUALITY ASSURANCE & REGULATIONS A. Qualifications 1. The Contractor and its on-site job superintendent shall have regularly engaged and specialized, for the preceding five continuous years, in the installation of irrigation systems of similar scope, size and complexity as the system being installed under this contract. Installation experience shall be documented be satisfactory in nature. B. Permits And Fees 1. The Contractor to take out all required licenses and permits, verify permits secured or arrangements made by others affecting the work of this section, give required notices to the public authorities, arrange for all necessary inspections, and make payments of charges and fees required in conjunction with the same as part of the Work under this Contract. C. Manufacturer's Directions 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in this Contract furnish directions covering points not shown in the Drawings and Specifications. D. Ordinances And Regulations 1. The entire installation to fully comply with all local, municipal, and state laws, rules, regulations and ordinances and with the established codes applicable thereto. 2. Conform to applicable provisions of the latest editions of the Division of Industrial Safety , Uniform Plumbing Code, the National Electric Code, Americans with Disabilities, and all other applicable laws, regulations and codes properly governing the materials and work at the project site 3. City Standard Plans and Specifications, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications and shall apply to all work of this Section with the same force and effect as though repeated in full herein. The Contractor shall carry out their provisions. Anything contained in these Specifications shall not be construed to conflict with any of the above rules, regulations, or requirements. However, when these Specifications and Drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these Specifications and Drawings shall take precedence. 4. Nothing in these drawings or specifications is to be construed to permit Work not conforming to these codes. 5. Furnish, without extra charge, any additional material and labor as required to comply with these rules and regulations, though the Work may not mentioned in these particular Construction Documents. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-2 E. Explanation of Drawings: 1. Due to the scale of the Drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between the irrigation system, planting, underground utilities, above ground utilities and architectural features. 2. Work called for on the Drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the Specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Owner's Authorized Representative. In the event this notification is not performed, the Contractor shall assume full responsibility for any revision necessary. References - American Society of Testing Materials (ASTM): 1. D1784 Rigid Poly (Vinyl Chloride) Compounds and Chlorinated Poly (Vinyl Chloride) Compounds. 2. D1785 Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80 and CL200. 3. F441 Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40, 80 and CL200. 4. D2464 Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. 5. F437 Threaded Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80. 6. D2466 Socket -Type Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40. 7. F438 Socket -Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. 8. F2564 Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings. 9. F493 Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe and Fittings. 10. D 2239, Polyethylene (PE) Plastic Pipe (SIDR-PR) Based on Controlled Inside Diameter 11. D 2737, Polyethylene (PE) Plastic Tubing 12. D 3035, Polyethylene (PE) Plastic Pipe (DR -PR) Based on Controlled Outside Diameter 13. F 714, Polyethylene (PE) Plastic Pipe (SDR -PR) Based on Outside Diameter 14. F 771, Polyethylene (PE) Thermoplastic High -Pressure Irrigation Pipeline Systems G. Materials 1. Use only new materials of brands and types noted on the Drawings, specified herein. Examination Of Site 1. The Contractor acknowledges that s/he has examined the Site and the submission of their Bid is considered evidence of examination and acceptance of Drawings, details, and Specifications has been made. 2. Become acquainted with all Site conditions. Locate existing utilities and equipment to remain. Should utilities or other work not shown on the Drawings be found during excavations, promptly notify Owner's Authorized Representative. Failure to do so will make Contractor liable for any and all damage arising from operations subsequent to discovery of such utilities not shown on Drawings. 3. Before starting Work on this Section, report to Owner's Authorized Representative, in writing, conditions which will prevent the proper provision of this Work. Beginning the Work of this Section without reporting unsuitable conditions to the Owner's Authorized Representative constitutes acceptance of conditions. Any required removal, repair, or IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-3 replacement of this Work caused by unsuitable conditions to be done at no additional cost to Owner. Protection Of Work And Materials 1. Contractor shall protect its work and work of others for the duration of the Contract. Contractor shall protect pipes and fittings from direct sunlight, and avoid undue bending and any concentrated external loading. Pipe or fittings that have been damaged shall not be used. 2. Contractor shall exercise extreme care in excavating and working near utilities. Damage to utilities that are caused by Contractor's operation shall be the Contractor's responsibility. 3. Contractor shall take necessary precautions to protect existing site conditions and plant material. Should damage be incurred, Contractor shall repair damage to its original condition or furnish and install equivalent replacements at no additional cost to Owner. J. Correction of Work 1. Discrepancies or unsatisfactory work shall be corrected by Contractor. The correction of work shall be finished with a reasonable period mutually agreed upon between Owner and Contractor. 1.05 SUBMITTALS A. Shop Drawings 1. Contractor to provide detailed irrigation Shop Drawings showing a complete irrigation system including equipment legend, equipment locations, head layout, pipe sizing, and hydraulic calculations. 2. Keep approved shop drawings on the job site at all times. Make daily record of work installed each day. B. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the Drawings and Specifications. No substitution will be allowed without prior written approval by the Owner's Authorized Representative. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number, and description of all materials and equipment to be used. 3. Although manufacturer and other information may be different, the following is a guide to proper submittal format: Item Manufacturer Model Number Description 1. Pacific Plastics Main line piping per PVC Class 315 with solvent welded joints specification for sizes 2" and larger and PVC Schedule 40 with solvent welded for sizes 1-1/2" and smaller 2. Paige Electric Irrigation Control # 14 OF UL approved for control wire and Wire #12 OF UL approved for common wire. 3. asco Slo-Close Schedule 80 PVC ball valves 3" and smaller. 4. ain Bird [Etc. 1806 -SAM -PRS 6" pop-up spray head with Rain Bird "MPR" nozzles. 5. Etc. I Etc. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-4 4. Irrigation submittal must be specific and complete with a full description of product use. All items must be listed and should include solvent/primer, wire, wire connectors, valve boxes, etc. Submit a digital copy of manufacturer's technical data for heads, valves, controller, and any other mechanical/electrical components and accessories proposed for installation of the irrigation system. Quantities need not be shown. Make all irrigation submittals at one time. No submittals will be reviewed until the entire package has been provided. 5. The Contractor may submit substitutions for equipment and materials listed on the Irrigation Drawings prior to bidding based on the substitution process in the General Conditions and herein. b. Equipment or materials installed or furnished without prior approval of the Owner's Authorized Representative may be rejected and the Contractor may be required to remove such materials from the site at his own expense. 7. Approval of any item, alternative or substitute, indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted. 8. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. C. Record Drawings 1. At the final walk through and before the start of plant establishment, the Contractor shall provide a complete set of irrigation red lined set of "as -built" drawings to the Landscape Architect or the designated Owner's Authorized Representative for review and approval. 2. After review and approval of the red lined set of "as -built" record drawings, the Contractor's "as -built" information shall be transferred to AutoCAD electronic "Record Drawing" files by the irrigation contractor. 3. The Contractors' preparation of irrigation red lined "as -built" record drawings shall include the following: a. The Contractor shall provide and keep up-to-date a complete record set of plain paper prints which shall be corrected daily, showing deviations from the Contract Documents and detailed irrigation system Shop Drawings and shall show the installed locations, sizes, and kinds of equipment. This set of drawings shall be kept on the site and shall be used only as a record set. b. These irrigation red lined "as -built" record drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. These drawings shall be available at all times for review by the consultant and shall be kept in a location designated by the Owner's Authorized Representative. c. The Contractor shall daily make neat and legible red lined notations on the record drawing progress sheets as the work proceeds, showing the work as actually installed. For example, should a piece of equipment be installed in a location that does not match the plan, the Contractor must indicate the equipment that has been relocated in a graphic manner. The relocated equipment symbol shall match the original symbols as indicated in the irrigation legend. The relocated equipment and dimensions will then be transferred to the original record drawing plan at the proper time. d. The Contractor shall accurately record on 1 set of record drawings all changes to the work constituting departures from the original approved drawings, including but not limited to work by Change Order, clarifications made via letters of Instruction, and Requests for Information. Indicate material substitutions to the legend. Include manufacturer name, catalog/model number and size. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the Owner Authorized Representative. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-5 e. The Contractor shall dimension from 2 permanent points of reference, such as building corners, sidewalk edges, road intersections, etc., the location of the following items: 1) Connection to existing water lines. 2) Connection to existing electrical power. 3) Gate valves. 4) Routing of sprinkler pressure lines (dimension maximum 100 -feet along routing and at each change of direction). 5) Electric control valves. 6) Routing of control wiring and flow sensor cable. 7) Quick coupling valves. 8) Other related equipment as directed by the Owner's Authorized Representative. 4. In the event that Contractor provided redlined "as -built" information is missing, is not legible, or does not fit within the drawing parameters when the redlined "as -built" information is being transferred to AutoCAD electronic "Record Drawing" files by the irrigation contractor, the Contractor shall be required to provide updated information at no cost to the Owner. 5. All dimensioning shown on drawings shall be minimum 1 /10" in size when reduced to minimum controller chart size of 11" by 17". The "record drawings" shall show the locations and depths of all items listed above and any other related equipment as directed by the Owner. 6. Final record drawing submittal shall include two sets of black -line bond plots along with one digital file on CD-ROM of the irrigation record drawings in AutoCAD and PDF formats. When completed, the plots and CD-ROM shall be submitted to the Landscape Architect who shall turnover the items to the Owner prior to final acceptance of the irrigation system by the Owner. D. Controller Charts: 1. Once the AutoCAD electronic "Record Drawing" files have been completed, controller charts shall be prepared by the irrigation contractor. 2. The controller chart deliverable package shall include: a. One composite chart that shows the entire area controlled by each automatic controller. It shall be 1 1 " by 17" in size or other approved size. It shall be prepared in AutoCAD format in the same manner as record drawings except that dimensions will not be required on the composite controller chart drawing. b. One controller chart set with dimensions for each sheet of the irrigation construction document package. Sheets shall be size 11" by 17" or other approved size and shall be prepared in AutoCAD format in the same manner as record drawings. The legend sheet will be required as a part of the controller chart submittal, however the detail sheets will not be required. 3. The charts are to be a reduced drawing of the actual installed system. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. All dimensioning shown on the controller chart shall be minimum 1 /10 -inch in size. 4. The composite chart shall be a plain paper print. A different color shall be used to indicate the entire landscape area of coverage for each station's control valve. 5. When completed and approved, the chart shall be hermetically sealed between 2 pieces of plastic, each piece being a minimum 10 mils with 1/2" of the laminated plastic extending beyond the edge of the controller chart and shall have rounded corners. Provide 2 charts for each controller. 6. When completed the charts shall be submitted to the landscape Architect who shall turn over the charts to the Owner prior to final punch walk and acceptance of the IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-6 irrigation system by the Owner. Include the controller charts in AutoCAD and PDF formats files as part of the record drawing CD-ROM. E. Operation and Maintenance Manuals: 1. Prepare and deliver to the Owner's Authorized Representative within 10 calendar days prior to completion of construction, 2 hard -cover, 3 -ring binders containing the following information: a. Index sheet which states Contractor's name, address, and telephone number, and which lists each installed equipment and material item, including names and addresses of manufacturers' local representatives. b. Catalog and parts sheets on every material and equipment item installed under this Contract. c. Complete operating and maintenance instructions on all major equipment. d. Guarantee statement. e. Manufacturer/Distributor installation certification letter for each controller installed under this contract. f. Completed Irrigation Guarantee Statement. g. Electric Company billing information. h. Water Company billing and water meter information. I. Acceptance document signed by Owner's authorized representative. 2. In addition to the above-mentioned maintenance manuals, provide the Owner's maintenance personnel with instructions for major equipment and show evidence in writing to the Owner's Authorized Representative prior to start of landscape maintenance that this service has been rendered. Contractor Furnished Equipment: 1. Supply as a part of this contract the following: a. Operation and maintenance manuals. b. Irrigation controller certification letter from an authorized irrigation controller Distributor for each controller installed under this contract as required by Owner. c. Two (2) keys for each irrigation controller. d. One (1) set of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. e. A minimum of one (1) five-foot key for operation of gate valves. Provide 1 key for each type of operating device (2" operating nut, cross handle, etc.). f. Provide 1 locking key, 1 operating key and matching hose swivel for every 5 quick coupling valves installed, minimum of 2 for each type of quick coupling valve installed. g. Provide 1 key for every 5 valve boxes installed. h. Irrigation controller manuals. i. Color -coded controller charts laminated between 2 pieces of 10 mil plastic - Provide 2 charts for each irrigation controller. j. 2 plain paper copies of record drawing irrigation plans. k. Completed Irrigation Guarantee Statement. I. Electric Company billing information. m. Water Company billing and water meter information. n. Acceptance document to be signed by Owner's authorized representative. G. The above-mentioned equipment shall be turned over to the Owner prior to start of landscape maintenance. Before landscape maintenance and final observation to start can occur, evidence that the Owner has received these items must be shown to the Owner's Authorized Representative. Refer to "TURNOVER, AND ACCEPTANCE FORM" portion of these specifications for additional information. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-7 H. Checklist: 1. Provide the Owner with the following checklist information at the end of each segment of the project. This checklist shall be completed prior to start of maintenance. a. Plumbing permits obtained: If none required, so state. b. Material approvals. By who approved and date. c. Pressure line tests: By who approved and date. d. Manufacturer's warranties, if required: Recipient and date. e. Written guarantee: Recipient and date. f. Lowering of heads in lawn areas: If not complete, so state and include anticipated completion date. g. Install anti -drain valve protection as required to prevent low head drainage. 1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Provide and pay for transportation, including but not limited to, delivery and removal from the Site of materials and equipment, as required to complete Work. B. Materials to be delivered to the Site, handled, and stored in accordance with manufacturer's recommendations. C. Protect Work and materials under this Section from damage during construction and storage. D. Handling of Pipe and Fittings 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing pipe and fittings. Pipe shall be transported in a vehicle, which allows the length of pipe to lie flat so as not to subject it to undue bending or a concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded, and if installed, shall be replaced with new piping. 2. Protect pipe and fittings from direct sunlight. Beds on which pipe is stored must be full length of pipe. 1.07 QUALIFICATION OF IRRIGATION PERSONNEL A. Contractor and on site field superintendent shall have the following minimum qualifications: 1. Not less than 5 years continuous experience in installation of commercial irrigation systems. 2. Demonstrate completion of the manufacturer's installation certification program for the irrigation controller, as required. 3. Upon Owner's request, supply a list of references listing successfully completed commercial irrigation systems. 4. Provide at least one person who can speak, read and write English. This person shall be present at all times during the execution of the work and who shall be thoroughly familiar with the type of materials being installed, the material manufacturer's recommended methods of installation and who shall direct all work performed. 5. As a prerequisite of qualification to Bid, the irrigation construction company to provide verifiable documentation that such person and / or company is licensed by the Electrical Licensing and Inspections unit of the Minnesota Department of Labor and Industry as a Technology Systems Contractor and that the company employs not less than one Power Limited Technician and that such licenses are considered "in good standing" by the Electrical Licensing and Inspections Unit. "Verifiable Documentation" IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-8 to include, but not limited to, submission of copies of Technology System Contractor and Power Limited Technician credentials. B. Maintain a skilled foreman on the Site at all times during the installation of Work. The foreman must have the authority to act on all matters pertaining to the Work. 1.08 SUBSTITUTIONS A. If the Contractor wishes to substitute any equipment or materials for the equipment or materials listed on the Drawings and Specifications, provide the following information to the Owner's Authorized Representative for review: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. B. The Owner's Authorized Representative shall have the sole responsibility in accepting or rejecting any substituted item as an approved equal to the equipment and materials listed on the Drawings and Specifications. 1.09 PROJECT CONDITIONS A. Schedule and coordinate Work with other trades to facilitate Work and avoid conflicts in construction sequence and equipment installation. B. Review entire plan set and coordinate with other trades as required by sequence of construction to ensure provision of mainline and electrical conduit stub -outs at all required locations. C. Coordinate Work with that of other trades, all underground improvements, the location and planting of specimen trees and other planting material. Verify location of all planting material that requires excavations 24 inches in diameter and larger with Owner's Authorized Representative prior to installation of main line piping. D. Provide temporary irrigation to maintain installed plant material prior to permanent irrigation where required. E. Keep all areas of work clean, neat, and orderly at all times. Clean up, remove, and legally dispose of all debris from the work area prior to final acceptance. F. Confine operations to the areas to be improved and those allowed for materials' storage. 1.10 PROVISIONAL ACCEPTANCE A. Work under this Section will be accepted by Owner's Authorized Representative upon satisfactory completion of all Work. 1.11 MAINTENANCE PERIOD A. The Maintenance Period begins immediately after startup. Maintenance is to be conducted by qualified and experienced personnel and includes, but is not limited to, IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-9 operating, flushing and adjusting the irrigation system to assure complete coverage, minimum overthrow and adequate watering. B. During the Maintenance Period, the Contractor is to drain and "winterize" the irrigation system(s) each fall for the winter and is to put the irrigation systems) back into operation each spring at no additional cost to the Owner. Contractor shall notify Owner 48 hours prior to the site visits and shall provide a demonstration of the maintenance procedures if requested. C. The Maintenance Period extends one calendar year beyond the date of Final Completion. Maintenance Period may be extended by the Landscape Architect if the system is improperly maintained. 1.12 FINAL ACCEPTANCE A. Work under this Section will be accepted by the Owner's Authorized Representative upon satisfactory completion of the Maintenance Period. B. Contractor shall test the irrigation system and make adjustments to heads, nozzles, and spray patterns as directed by the City and/or Engineer until the system operated satisfactorily. 1.13 WARRANTY A. In addition to manufacturer's warranties, all Work is to be warranted for 1 year from the date of Final Acceptance against defects in material, equipment, and workmanship. Warranty is to also cover repair of damage to any part of the premises resulting from leaks or other defects in materials, equipment, and workmanship to the satisfaction of the Owner. B. During the warranty period, the Contractor is to drain and "winterize" the irrigation system(s) each fall for the winter and is to put the irrigation system(s) back into operation each spring at no additional cost to the Owner. 1.14 GUARANTEE A. The guarantee for the irrigation system shall be made in accordance with the attached form. The General Conditions and Supplementary Conditions of these Specifications shall be filed with the Owner prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the operations and maintenance manual. C. The guarantee form shall be re -typed onto the Contractor's letterhead and shall contain the following information: IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-10 GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, unusual abuse, or neglect excepted. We agree to repair or replace any defects in material or workmanship which may develop during the period of 1 year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional costs to the owner. We shall make such repairs or replacements within a reasonable time, as determined by the owner, after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the owner, we authorize the owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT PROJECT LOCATION: SIGNED BY: CONTRACTORS ADDRESS: CONTRACTOR'S PHONE NO.: DATE OF ACCEPTANCE: IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-11 1.15 TURNOVER TO OWNER A. The following checklist, turnover and acceptance forms shall be re -typed onto the Contractor's letterhead. The form shall be completed by the contractor and shall contain the all of the information shown on this sample checklist form and turned over to the Owner prior to start of maintenance: TURNOVER AND ,ACCEPTANCE FORM PROJECT NAME: PROJECT LOCA TURNOVER ITEMS: ❑ Operation and maintenance manuals. ❑ Irrigation controller certification letter from the authorized controller distributor for each controller installed under this contract, as applicable. ❑ 2 keys for each irrigation controller. ❑ 1 set of special tools required for removing, disassembling and adjusting each type of sprinkler and valve. ❑ A minimum of 1 five-foot key for operation of each type of gate valve. ❑ 2 quick coupler keys and matching hose swivel for each type of quick coupling valve. ❑ Irrigation controller manuals. ❑ 2 copies of 1 1" by 17" color -coded controller charts laminated between 2 pieces of 10 mil plastic for a total of 20 mil thickness - provide two charts for each controller. ❑ 2 sets of plain paper copy prints of irrigation record drawings. ❑ 1 digital file on CD-ROM of the irrigation record drawings and controller charts in pdf format. ❑ Completed Irrigation Guarantee Statement. ❑ Electric company billing information. ❑ Water company billing and water meter information. DELIVERED BY: Name of Contractor ACCEPTED BY: Owner Name of Contractor's Authorized Rep. Name of Owner's Construction Manager Signature Contractor's Authorized Rep Date of Deliverance to Owner © 2015 Stantec 1 193802810 Signature of Owner's Construction Mngr. Date of Acceptance by Owner IRRIGATION SYSTEMS 32 90 00-12 PART 2 PRODUCTS 2.01 MATERIALS A. General 1. Use only new materials of brands and types noted on drawings, specified herein, or approved equals. B. Domestic Water Piping, Buried within 5 feet of building 1. Copper Tubing conforming to ASTM B88: a. 2" and smaller, Type K, soft copper, seamless. b. No underground fittings except at connection to site utility. C. Domestic Water Piping, Above Grade 1. Copper Tubing: ASTM B88, Type L seamless, hard temper: a. Fittings: ASME B16.18, wrought copper. b. Joints: 95/5 solder or brazing. 2. Copper Tubing: ASTM B88, Type L, seamless, rolled grooved ends: a. Fittings: ASME B 16.18 cast copper alloy or ASME B 16.22 wrought copper and bronze, grooved ends: b. For sizes 1-1/2" and smaller, fittings may be Victaulic Permalynx, complete with 301 stainless steel internal components and EPDM seals. 1) Copper -tube dimensions. c. Grooved mechanical couplings meeting ASTM F1476: 1) Grooved Joints: Installation -Ready; Victaulic Style 607. 2) Housing: ASTM A395/A395M and ASTM A536 ductile iron, enamel coated, compatible with copper tubing sizes, to engage and lock designed to permit angular deflection, contraction, and expansion. 3) Gasket: Elastomer composition certified for operating temperature range from 35 degrees F to 230 degrees F. 4) Accessories: Anodized or stainless steel bolts, nuts, and washers. D. Isolation Valves: I . Gate valves 3" and smaller shall meet the following requirements: a. NSF 61. MSS SP 1 10. b. 600 WOG, 2 -piece, full port, forged brass body. c. Chrome plated brass or stainless steel ball. d. Reinforced PTFE seats. e. Extended stems for insulation. f. Threaded or sweat ends. 2. Butterfly valves 4" and larger shall meet the following requirements: a. Cast Iron body- Flanged ends, and 2" operating nut. b. Use stainless steel nuts and bolts. c. Butterfly valves 4" and larger - Use Tuf-Skin LB-TNO-BS lug style with traveling nut for buried service or approved equal. 3. Ball valves and butterfly valves shall be installed per manufacturer recommendations. E. Backflow preventers 1. Reduced Pressure Zone Principal (RPZ) Backflow Preventers: a. Backflow prevention unit (BFP) shall be of size and type indicated on the irrigation drawings. b. Comply with ASSE 1013. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-13 c. Wye strainer at backflow prevention unit shall have a bronzed threaded body with 60 mesh monel screen similar to Watts #777M1 or approved equal. d. Pressure main line piping between the point of connection and the backflow preventer shall be installed as required by local code. The Contractor shall verify with the local governing body as to material type and installation procedures prior to start of construction. Submit shop drawing of BFP location and piping connections for approval prior to construction. e. Final location and exact positioning of the backflow preventer shall be approved by the Owner's authorized representatives prior to installation. Failure to obtain approval may result in relocation of backflow preventer per owner's direction at no additional cost to owner. f. 2" and Smaller: NPT threaded connections and quarter -turn, full port, resilient seated, bronze ball valve shut -offs, with drain connection. g. 2-1/2" and Larger: Flange connecting, wedge gate valves with non -rising stem and resilient seats, FDA approved epoxy coated check and relief valves, replaceable bronze check seats and stainless steel relief valve seat. h. Accessories: Air gap funnel. 2. Manufacturers: a. Conbraco. b. Febco. c. Watts. d. Wilkins. F. Master Valve 1. Pressure reducing master valves shall be Ooval PAZ series CP-xxx-12-251-SR-NO with Ooval Solenoid for sizes 1-1 /2", 2", 2-1/2 and 3" where xxx equals valve size. 2. Master valves without pressure reducing features shall be either Ooval PAZ series CP- xxx-10-031-NO with Ooval Solenoid for sizes 1-1 /2", 2", 2-1/2 and 3" where xxx equals valve size or Griswold DWS series brass for sizes 1 " and 1-1 /4" where xx equals valve size. 3. Master valves shall have 24 volt normally open (energize to close) solenoid operation. 4. Assemblies 2" and larger shall be flanged with stainless steel nuts and bolts. Assemblies 1-1 /2" and smaller shall be threaded. G. Water Meter 1. Coordinate location of irrigation meter. a. Provide 2" meter for site irrigation flow measurement. H. Controller 1. Hunter IC -600-M controller with low and high voltage surge protection, or equal. Model to be determined by the number of stations / circuits designed, minimum of 24 zones. 2. Provide complete remote control kit, including transmitter, receiver, wiring harness, batteries, and carrying case. Range shall be 1/2 mile unobstructed or 2 miles line of sight. Remote control kit shall be Hunter ICR-KIT, or approved equal. 3. Provide DUAL48 decoder output module for 2 wire system, including DUAL -1 station decoders and DUAL -S surge arrestors from the same manufacturer as the automatic controller. Quantities required shall be determined by the approved irrigation system layout. I. Rain Sensor: 1. Furnish and install wireless Solar -Sync Model: WSS. J. Remote Control Valves: 1. Electric control valves shall be the same size and type shown on the Drawings. IRRIGATION SYSTEMS 0 2015 Stantec 1193802810 329000-14 2. Electric control valves shall have a manual flow adjustment. 3. Provide and install 1 control valve box for each electric control valve. K. Quick Coupling Valves 1. Quick coupling valves shall have a brass, two-piece body designed for working pressure of 150 P.S.I. Model as shown on Drawings. 2. Quick coupling valve shall be operable with a quick coupler key. Key size and type shall be as shown on the Drawings. L. Irrigation Heads 1. Sprinkler heads shall be of the some size, type, and deliver the some rate of precipitation with the diameter (or radius) of throw, pressure, and discharge as shown on the Drawings and/or as specified herein. 2. Spray heads shall have a screw adjustment. 3. Riser units shall be fabricated in accordance with the installation details. 4. Riser nipples for all sprinkler heads shall be the same size as the riser opening in the sprinkler body. 5. Sprinkler heads of the some type shall be by the same manufacturer. M. PVC Pressure Main Line Pipe and Fittings: 1. All mainline pipe material shall be high-density virgin polyethylene, PE3408 resin, and shall conform to ASTM D2513 (Thermoplastic Gas Pressure Pipe, Tubing, Fittings) or ASTM 3350 (Polyethylene Plastic Pipe and Fittings). 2. Minimum density of piping shall be 58 Ibs/ft3 (.955 gm/cc). 3. Working pressure rating shall be at minimum 160 psi (DR 11). 4. Minimum pipe dimensions in inches shall conform to the following: Nominal O.D. l Inch 1-1/2Inch 21nch 31nch Actual O.D. 1.315 1.900 2.375 3.500 Min.Wall thickness 0.120 0.173 0.216 0.318 Average I.D. 1.062 1.534 1.917 2.825 5. All mainline piping and tubing connections shall be by fusion welding. Welds shall be performed on the Project Site by personnel fully trained and experienced in the required procedures. N. Non -Pressure Lateral Line Pipe and Fittings 1. All pipe used for lateral lines not under constant pressure to be flexible, non-toxic, 100 percent virgin polyethylene pipe material meeting NSF Standard for use in Pressure Potable Water Applications. All sizes to have a minimum 100 psi working pressure rating. The polyethylene pipe is to conform to ASTM Standard D2239 and D1248, or the latest revisions thereof. All polyethylene pipes to be continuously and permanently marked with the manufacturer's name, material, size, and schedule. Clamped fittings are allowed on lateral pipe. O. Swing Joints 1. All Quick Couplers to be installed on 1" by 12", 3 elbow, O-ring sealed, brass outlet PVC swing joints as manufactured by Dura Plastic Products, Inc. P. Fittings And Nipples 1. PVC Fittings: a. Schedule 40 PVC fittings as manufactured by Spears, Dura, or approved equivalent. Conform to ASTM D2466. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-15 b. Schedule 80 PVC fittings as manufactured by Spears, Dura, or approved equivalent. Conform to ASTM D2464 and D2467. 2. PVC Nipples and Risers: Standard weight Schedule 80, with molded or machine -cut threads. 3. Mainline Fitting Material: a. Material shall be high-density virgin polyethylene using PE3408 resin, and shall conform to ASTM D2513 (Thermoplastic Gas Pressure Pipe, Tubing, Fittings) or ASTM 3350 (Polyethylene Plastic Pipe and Fittings). b. Butt Heat Fusion Fittings shall conform to ASTM D3261. c. Socket -Type fittings shall conform to ASTM 2683. d. All fittings shall be manufactured, not field or shop fabricated. e. Minimum density of fitting material shall be 58 lbs/ft3 (.955 gm/cc). f. Maximum working pressure rating shall be at minimum equal to the rating of the pipe. 4. Service Saddles shall be socket -type fittings with a minimal restriction equal to the actual I.D. of the pipe. a. Lateral polyethylene Pipe Fittings: Plastic Type PVC or nylon insert fittings and/or brass saddle tees. All joints to be clamped with all stainless steel clamps. All 1-1/4 inch and larger joints shall be double clamped. 5. Flexible Riser Assemblies: I.P.S. flexible Schedule 40 solvent weld PVC hose, and conforming to ASTM D2241, D1784; with Schedule 40 solvent weld fittings. 6. Anchorages: Clamps, Straps, and Washers: Steel, ASTM A506; bolts: steel, ASTM A307. 7. All transitions between HDPE and PVC piping shall be made with a transition fitting as manufactured by Central Plastics Co., or equal (www.centralplastics.com) Q. Fitting Compounds, Solvents, And Wraps 1. Primer and Cement: As recommended by manufacturer of pipe being installed. 2. Thread sealant: Non -hardening sealant compatible with pipe being installed. PVC pipe: Christy's Teflon paste or equivalent on constant pressure (mainline) threaded connections. Do not use thread lubricant on PVC pipe. Galvanized, brass or copper pipe: RectorSeal No. 5. 3. Teflon tape: for PVC male threads on non -pressurized (lateral line) threaded connectors only. R. Wire 1. Control wire shall be 12/2 Hunter Jacketed Decoder Cable, or approved equal. Colors shall be yellow and blue. 2. Wiring shall occupy the some trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 3. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. 4. An expansion curl shall be provided within three (3) feet of each wire connection. Expansion curl shall be of sufficient length at each splice connection at each electric control valve, so that in case of repair, the valve bonnet may be brought to the surface without disconnecting the control wires. Control wires shall be laid loosely in trench without stress or stretching wire conductors. 5. Control wire connection splices shall be made with 3M "DBY" direct bury splice kits or approved equal. Make only one (1) splice with each splice kit. 6. Field splices between the irrigation controller and electric control valves will not be allowed without prior approval of the Owner's Authorized Representative. 7. One (1) continuous Jacketed Decoder Cable shall be installed with the mainline from the controller enclosure to the ends of the mainline in every direction. Terminate spare IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-16 wire within separate standard rectangular box or within a control valve box as designated on the drawings. 8. Tracer Wire: Copper single -conductor wire. S. Sleeves And Conduit 1. General: Size sleeves minimum one full size up from pipe and as per Drawings. 2. Control wire conduit: U.L. listed, Schedule 80 conduit. T. Valve Boxes 1. Valve boxes shall be green in color 2. Use 10" diameter x 10-1 /4"deep round plastic valve with green bolt -down cover for all gate valves. Manufacturer shall be Carson, NDS or approved equal. Extension sleeve shall be PVC with minimum size of 6". 3. Use 9-1/2" by 16" by 1 1" rectangular box with green bolt -down cover for all electric control valves and ball valves. Manufacturer shall be Carson, NDS or approved equal. 4. Use 10" diameter by 10-1 /4" deep round plastic valve box with green bolt -down cover for all quick coupling valves Manufacturer shall be Carson, NDS or approved equal. 5. All remote control and quick coupler valves to be placed in valve boxes. U. Check Valves 1. Anti -drain valves shall be of heavy duty virgin PVC construction with F.I.P. thread inlet and outlet. Internal parts shall be stainless steel and neoprene. Anti -drain valve shall be field adjustable against draw out from 4 to 32 feet of head. Anti -drain valves shall be Hunter HCV or approved equal. V. Mainline Pressure Regulator 1. Solid bronze construction with reinforced rubber diaphragm and integral strainer. As per City requirements, Wilkins 600 series, Watts U56 series, or approved equivalent. Provide via change order if required. W. Miscellaneous Irrigation Equipment: 1. Refer to the Drawings for sizes and types of miscellaneous irrigation equipment. 2. Miscellaneous irrigation equipment shall be as specified or approved equal. 2.02 SUBSTITUTIONS A. Substitutions must have written acceptance of Owner's Authorized Representative. Substitutions must equal the standard of products specified in the Construction Documents. B. Installation of any accepted substitution is Contractor's responsibility. Any changes required by installation of any accepted substitution must be made to the satisfaction of Owner's Authorized Representative and at no additional cost to Owner. C. Acceptance by Owner's Authorized Representative of substituted equipment does not waive these requirements. 2.03 MAINTENANCE MATERIALS A. Damaged or defective irrigation components that are replaced shall match those originally specified. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 32 90 00 - 17 PART 3 EXECUTION 3.01 GENERAL A. Furnish and maintain all warning signs, shoring, barricades, red lanterns, and other equipment as required by the Division of Industrial Safety and local ordinances. Mark open trenches and piles of excavated material. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Before work is commenced, schedule a pre -construction meeting with Owner, General Contractor, and Landscape Architect to discuss general details of the work. B. Verify dimensions and grades at job site before work is commenced. C. During the progress of the work, a competent superintendent and any assistants necessary shall be on site, all satisfactory to Owner. The superintendent shall not be changed, except with consent of Owner, unless that person proves unsatisfactory and ceases to be employed. The superintendent shall represent the Contractor in its absence and all directions given to the superintendent shall be as binding as if given to Contractor. D. Work indicated or noted on Drawings shall be provided whether or not specifically mentioned in the Specifications. E. If there are ambiguities between Drawings and Specifications, and specific interpretation or clarification is not issued prior to bidding, the interpretation or clarification will be made only by Owner, and Contractor shall comply with the decisions. In the event the installation contradicts the directions given, the installation shall be corrected by Contractor at no additional cost to Owner. F. Layout of sprinkler lines shown on Drawings is diagrammatic. Location of sprinkler equipment is contingent upon and subject to integration with all other underground utilities. Contractor shall employ all data contained in the Contract Documents and shall verify this information at the construction site to confirm the manner by which it relates to the installation. G. Coordinate the installation of all sprinkler materials, including pipe, with the landscape Drawings to avoid conflict with the trees, shrubs, or other planting material. H. Do not proceed with the installation of the sprinkler system when it is apparent that obstructions or grade differences exist or if conflicts in construction details, legend, or specific notes are discovered. All such obstructions, conflicts, or discrepancies shall be brought to the attention of Owner's Authorized Representative. Replace, or repair to the satisfaction of Owner, all existing paving disturbed during the course of this work. New paving shall be the same type, strength, texture, finish, and be equal in every way to the material removed. J. Owner reserves the right to make temporary repairs as necessary to keep equipment in operating condition without voiding Contractor's guarantee or relieving Contractor of its responsibilities during the guarantee shall not be allowed. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-18 K. Sprinkler heads will require installation of anti -drain devices to prevent low head drainage. L. Coordinate the installation of all sprinkler materials, including pipe, with the landscape Drawings to avoid conflict with the trees or other planting. 3.03 OBSERVATION OF SITE CONDITIONS A. Scaled dimensions are approximate. The Contractor shall check and verify all size dimensions and receive approval from the Owner's Authorized Representative prior to proceeding with work under this Section. B. Exercise extreme care in excavating and working near existing utilities. The Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. Check existing utilities drawings for existing utility locations. C. Coordinate installation of sprinkler irrigation materials including pipe, so there shall be NO interference with utilities or other construction or difficulty in planting trees, shrubs, and ground covers. D. The Contractor shall carefully check all grades to satisfy itself that he may safely proceed before starting work on the irrigation system. Any discrepancies between the drawings and actual site conditions shall be brought to the attention of the owner prior to proceeding with the work. 3.04 WORKMANSHIP A. The Contractor to be responsible for full and complete coverage of all irrigated areas and to make any necessary minor adjustments at no additional cost to the Owner. B. All equipment and materials to be installed in accordance with the manufacturer's recommendations. 3.05 SYSTEM DESIGN A. Provide shop drawings of a complete irrigation system design for review and acceptance by the Owner's Authorized Representative: 1. Do not design system to overspray onto buildings, walkways, roadways, other paved surfaces and/or parked vehicles. 2. Areas to receive irrigation as delineated on the irrigation drawings. 3. Provide separate zones for each type of component — rotary, spray, bubbler, and quick coupler. 3.06 PREPARATION A. Physical Layout: 1. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. 2. Layout work as accurately as possible to drawings using stakes and different colored flags to indicate different types of heads and valves. Drawings are diagrammatic to the extent that swing joints, offsets, and all fittings are not shown. 3. Adjust layout as required to conform to existing site conditions and avoid conflict with trees, light standards, and other site elements. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-19 4. Take care to coordinate layout of rotary nozzle heads with landscaping. Submit to CAR for review any increases in, and slight adjustments to, the areas delineated to receive irrigation in response to the planting layout. 5. Full and complete coverage is required. Make any necessary minor adjustments to achieve full coverage at no additional cost to Owner. 6. Do not willfully install the irrigation system as shown on Drawings when it is obvious in the field that obstructions or other discrepancies exist which may not have been considered in the design. Notify the Owner's Authorized Representative of discrepancies before proceeding. 7. Layouts shall be reviewed by the Owner's Authorized Representative prior to installation. B. Water Supply: 1. The irrigation system shall be connected to water supply point (s) of connection as indicated on the Drawings. 2. Connections shall be made at the approximate location (s) shown on the Drawings. The Contractor is responsible for minor changes caused by actual site conditions. C. Electrical Supply: 1. Electrical connections for any and all irrigation controllers shall be made to electrical point(s) of connection as indicated on the Drawings. 2. Connections shall be made at the approximate location (s) shown on the Drawings. The Contractor is responsible for minor changes caused by actual site conditions. 3.07 INSTALLATION A. Excavating, Trenching, And Backfilling 1. Perform all excavations as required for the installation of the Work included under this Section, including shoring of earth banks, if necessary. Restore to their original condition all surfaces and existing underground utilities damaged or cut as a result of the excavation. Polyethylene main line pipe may be installed by pulling or trenchless methods as approved by the Owner's Authorized Representative. 2. Install all pipe and wiring under paving in sleeve where indicated on Drawing; elsewhere under paving, install in bed of clean sand surrounding pipe 6" on all sides. 3. Use existing sleeves or trenchless construction methods at all crossings under existing pavements. B. Trenching: 1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the Drawings and as noted. 2. Dig trenches wide enough to allow a minimum of 6" between parallel irrigation pipes lines (12" from pipe of other trades). Do not install pipe directly over other lines in the some trench 3. Dig trenches of sufficient depth to provide minimum cover from finish grade as follows: a. Provide for a minimum of 18" cover for all pressure supply lines of 2-1/2" nominal diameter or smaller. b. Provide for a minimum of 24" cover for all pressure supply lines of 3" nominal diameter or larger. c. Provide for a minimum of 12" for all non -pressure lines. d. Provide for a minimum cover of 18" for all control wiring. e. Provide for a minimum cover of 18" for all communication cable conduits. f. Provide for a minimum cover of 36" for pipe and wiring under traffic loads. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-20 C. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than 1/2" in size will be permitted in the initial backfill. 3. Flooding of trenches will be permitted only with approval of the Owner's Authorized Representative. 4. If settlement occurs and necessitates adjustments in pipe, valves, sprinkler heads, lawn, plantings, or other installed work, the Contractor shall make all required adjustments without cost to the Owner. 5. All backfill material to be free from rock, large stones, and other unsuitable material to prevent damage to the pipe. Backfill trenches when pipe is cool to avoid excessive contraction. Compact backfill to 90 percent density in 6" layers as it is brought up to grade to insure no settling. Top dress all areas to finish grades. Re -grade, reseed, and/or resod areas where settlement occurs. D. Trenching and Backfill Under Paving: 1. Trenches located under areas where paving, asphaltic concrete, or concrete will be installed, shall be backfilled with sand (a layer 6" below the pipe and 3" above the pipe) and compacted in layers to 95 -percent compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. Trenches shall be left flush with the adjoining grade. The Contractor shall set in place; cap and pressure test all piping under paving prior to the paving work. 2. Generally, piping under existing walks is done by jacking, boring, or hydraulic driving, but where any cutting or breaking of sidewalks and/or concrete is necessary, it shall be done and replaced by the Contractor as a part of the Contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the Owner's Authorized Representative. No hydraulic driving will be permitted under concrete paving. 3. Provide for a minimum cover of 18" between the top of the pipe and the bottom of the aggregate base for all pressure and non -pressure piping installed under asphaltic concrete paving. E. PVC Pipe and Fittings: 1. Install PVC pipe and fittings in accordance with manufacturer's recommendations and per ASTM D2774 and D2855. 2. Place no closer than 4" to walk edges and 8" to buildings and walls. 3. Install sprinkler head on PVC pipe as indicated on Drawings. 4. Prepare all solvent -welded joints with manufacturer's primer prior to applying solvent. a. Allow solvent -welded joints at least 15 minutes set-up/curing time before moving or handling. b. Partially center load pipe in trenches to prevent arching and shifting when water pressure is on. c. Do not permit water in pipe until a period of at least 4 hours has elapsed for solvent -weld setting and curing, unless recommended otherwise by solvent manufacturer. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-21 5. Attach pipe identification tape directly to pipe as specified in SBWR regulations, where color -impregnated and stenciled pipe is not utilized. 6. Do backfilling when pipe is cool. a. Pipe can be cooled by operating the system for a short time before backfill, or by backfilling in the early part of the morning before the heat of the day. 7. Curing: a. When the temperature is above 80 degrees F, allow solvent -welded joints at least 24 hours during the time before water is introduced under pressure. b. When temperature is below 80 degrees, follow manufacturer's recommendations. F. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the Drawings is diagrammatic. Install lines (and various assemblies) in such a manner as to conform to the details per the Drawings. 2. Install NO multiple assemblies in plastic lines. Provide each assembly with its own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In absence of detail drawings or Specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of Owner's Authorized Representative. 4. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust, and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 5. PVC Solvent Weld Pipe: a. Solvent weld PVC pipe and fittings using materials and methods recommended by manufacturer. Clean pipe and fittings of dirt, burrs, and moisture before assembly. PVC pipe may be assembled on ground surface beside trench. "Snake" pipe from side to side in bottom of trench to allow for expansion and contraction. b. Use pipe cutters to cut pipe or other method which does not result in burrs. 6. PVC Threaded Pipe: a. Use thread sealant (not thread lubricant) on threaded PVC connections and assemble the joint. Do not over tighten. Do not apply thread sealant on female threads. 7. Assemble HDPE fusion welded pipe per manufacturer's printed details and recommendations. 8. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape or approved equal, shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 9. Where pipe of dissimilar metals are connected, use dielectric fittings. G. Conduit and Sleeves: 1. Coordination: a. Sleeving shall be considered existing only when installed under another contract. For all other installations, provide materials and coordinate conduit and sleeve installation with other trades as required to facilitate smooth construction sequence. 2. Conduit: a. Furnish and install conduit where control wires pass under or through walls, walks and paving. Wire may be grouped and installed in a single conduit. 1) Conduits to be of adequate size to accommodate retrieval for repair of wiring and shall extend 12" beyond edges of walls and pavement. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-22 3. Sleeving: a. Install sleeves for all pipes passing through or under walks and paving as shown on the Drawings. Sleeving to be of adequate size to accommodate retrieval of wiring or piping for repair and shall extend 12" beyond edges of paving or other construction. 4. Install and secure tracer wire to base of pipe at minimum 15 foot intervals. H. Line Clearance: 1. All lines shall have a minimum clearance of 6" from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. Irrigation Controller Enclosure Assembly: 1. Install Irrigation Controller Enclosure Assembly per drawings and per manufacturer's instructions and recommendations. Electric control valves shall be connected to controller in numerical sequence as shown on the Drawings. 2. Final location of irrigation controller enclosure assemblies shall be approved by the Owner's Authorized Representative prior to installation. High Voltage Wiring for Automatic Controller: a. Unless otherwise noted on the Drawings, the 120 VAC electrical power to each irrigation controller location is to be furnished by others. The final electrical hook-up shall be the responsibility of the Contractor. b. Electrical work shall conform to local codes, ordinances, and union authorities having jurisdiction. J. Controller 1. Install per manufacturer's instructions and local code. 2. Ground controller. 3. Connect remote control valves to controller in sequence as noted on Shop Drawings. 4. Label valve wires at controller terminal strip with non -fading numbered tape. 5. Prepare controller chart delineating what area is covered by each valve. 6. Install controller in location determined by the Owner's Authorized Representative. K. Electric Control Valves and Master Valves: 1. Install electric control valves and master valves where shown on the Drawings and group together. Align short side of box parallel with walk or pavement edge. Install boxes 12" from pavement edge, buildings or walls. Where grouped together with other valve boxes, allow at least 12" between adjacent valve boxes. 2. Flag proposed valve box locations and review with Owner's Authorized Representative prior to installation. 3. Provide identification tags to electric control valves showing controller and station number. Electric control valves shall be connected to controller in numerical sequence as shown on the Drawings. 4. Each valve number shall be heat branded on valve box cover with 1-1 /2" tall letters. Master valve box covers shall be heat branded with the controller assignment. 5. Set valve boxes so that top of cover is 1 inch above finish grade in shrub/groundcover areas. Fill bottom of box 4" deep with 3/4" drain rock. Do not bury valve. L. Quick Coupling Valves 1. Locate quick coupling valves 12"from remote control valve boxes wherever practical. If not located near valve groups, locate at edge of walk or other element to facilitate locating in the field. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-23 M. Flushing of System: 1. Cap or plug all openings as soon as lines have been installed to prevent entrance of soil or other materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation 2. After all new sprinkler pipelines and risers are in place and connected, all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and full head of water used to flush out the system. 3. Sprinkler heads shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Owner's Authorized Representative. N. Irrigation Heads 1. Install the sprinkler heads as designated on the Drawings. Sprinkler heads to be installed in this work shall be equivalent in all respects to those itemized. 2. Spacing of heads shall not exceed the maximum indicated on the Drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3. Sprinkler heads shall be set perpendicular to finish grade of the area to be irrigated unless otherwise designated on the plans. 4. Locate rotary spray nozzles 6" inside fences, curbs, and edges of walks unless noted otherwise on Drawings. 5. Select nozzle pattern to fit area being irrigated. 6. Select pop-up head as required to control low head drainage. 7. Ensure that all required filter screens are installed in short radius spray heads as directed by manufacturer. 8. Flush lateral circuits thoroughly before installing nozzles. 9. Adjust all nozzles for proper distribution and trim. 10. Cut turf establishment blanket to accommodate irrigation heads. O. Backflow Preventer And Water Meter 1. Install per applicable code and manufacturer's specifications. 2. Install inside building in locations as directed by the Owner's Authorized Representative. Control Wire 1. Install control wires in common trench with main. Lay to the side of pipe and "snake" wires in trench to allow for contraction of wires. Tape wires in bundles at 10 -foot intervals. Provide 24" expansion coils within valve boxes, at bends in trench of 45 degrees or greater and at 100 -foot intervals along mainline trench. 2. Wire splices to be made with specified materials. Line splices will be allowed only on runs of more than 2000 feet, and must occur in splice box. 3. Run a complete redundant second set of 2 wire controller wire along with the active control wire. The redundant set shall have a different jacket color than the active set. Q. Check Valves 1. Install per manufacturer's instructions on sprinkler risers or lateral lines as necessary to control low head drainage. R. Backfilling And Compacting 1. After system is operating and required tests and observations have been made, backfill trenches with sand or finely divided soil, free of rubbish and rocks. 2. Compact backfill for trenches equal to surrounding undisturbed soil. 3. Dress off all areas to finish grades. Adjust grades if settlement occurs. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-24 3.08 TEMPORARY REPAIRS A. The Owner reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.09 EXISTING TREES A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where 2" and larger roots occur shall be done by hand. Roots 2" and larger in diameter shall be tunneled under and shall be heavily wrapped with burlap to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than 2"in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots 1 " and larger in diameter shall be painted with two coats of Tree Seal, or equal. Trenches adjacent to tree should be closed within 24 hours; and where this is not possible; the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.10 FIELD QUALITY CONTROL A. Adjustment of the System: 1. The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. 3. Lowering raised sprinkler heads by the Contractor shall be accomplished within 10 days after notification by the Owner. 4. Sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the Drawings. Testing of the Irrigation System: 1. The Contractor shall request the presence of the Owner's Authorized Representative in writing at least 48 hours in advance of testing. 2. Observation meetings to be called as the following Work is completed: a. When the point -of -connection, components in the mechanical room, main line, 1 valve, 1 quick coupling valve and 1 lateral circuit have been installed. b. At the coverage test (pre -maintenance). 3. Pressure Tests: a. After laying but before backfilling, test irrigation pipe for leakage. Allow glued connections to dry minimum 24 hours, remove air from lines, and center load pipe before beginning test. Leave all fittings exposed. b. For Mainlines: 1) Test all pressure lines under hydrostatic pressure of 150 pounds per square inch and prove watertight. Pipe shall be center loaded with all pipe joints exposed during the pressure test. Repair all leaks. Perform test after repairing and until successful test results in no leaks. a) Note: Testing of pressure main lines shall occur prior to installation of the electric control valves. IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-25 c. For lateral lines: 1) Pressure test laterals with risers capped at static pressure for 1 hour. d. Piping under paved areas shall be tested under hydrostatic pressure of 150 pounds per square inch and proven watertight prior to paving. e. Sustain pressure in lines for not less than 2 hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. f. Hydrostatic tests shall be made only in the presence of the Owner's Authorized Representative. No pipe shall be backfilled until it has been observed, tested, and approved in writing. g. Furnish necessary force pump and all other test equipment. 4. Coverage Test: a. When the irrigation system is completed, perform a coverage test in the presence of the Owner's Authorized Representative to determine if the water coverage for planting areas is complete and adequate. Adjust to eliminate overthrow onto paved surfaces, buildings, fences, parked cars, etc. The coverage test shall be accomplished using a contractor furnished radio remote receiver and transmitter to turn each control valve on to observe sprinkler coverage and then to turn the control valve off when coverage test of that system is complete. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the Owner's Authorized Representative. This test shall be accomplished before any ground cover is planted. 5. Operation Test: a. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements. The contractor shall provide an irrigation water schedule for plant establishment as well as any subsequent schedule changes for review and approval by owner. Approval of irrigation schedule indicates only that the schedule submitted apparently meets the scheduling requirements of plant materials on the basis of the information submitted. Any adjustments to the schedule based on plants actual water needs or changes in weather conditions shall be the responsibility of the contractor. 6. Prior to Final Acceptance, adjust and regulate entire system. The Owner's Authorized Representative will review and approve initial timer and zone settings. 3.11 MAINTENANCE A. The entire irrigation system shall be under full automatic operation for a period of 7 days prior to any planting. B. The Owner's Authorized Representative reserves the right to waive or shorten the operation period. 3.12 CLEAN-UP A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage occurring to the work of others shall be repaired to original conditions. 3.13 FINAL SITE OBSERVATION PRIOR TO ACCEPTANCE A. The Contractor shall operate each system in its entirety for the Owner's Authorized Representative at time of final observation. Any items deemed not acceptable by the IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-26 Owner's Authorized Representative shall be reworked to the complete satisfaction of the Owner's Authorized Representative. B. The Contractor shall show evidence to the Owner's Authorized Representative that the Owner has received all accessories, charts, record drawings, and equipment as required before final site observation can occur. 3.14 SEASONAL DRAINAGE A. Winter drainage to be accomplished by removing the water in the system with compressed air. A compressed air hose connection with valve to be provided in the water supply line as shown on the Drawings. 3.15 DEMONSTRATION A. System Layout: Provide reduced prints of as -built drawings and include in Operations Manual. B. Upon completion of Work, instruct Owner's Authorized Representative in operation and maintenance procedures for entire system. C. Prepare and deliver to Owner 3 copies of an Operations Manual, each in an identical three-ring binder, which includes the following: Manufacturer's data sheets, maintenance and parts information for each type of equipment installed; equipment warranties; and names and addresses of Contractor, subcontractors, and equipment suppliers. 3.16 MAINTENANCE A. System Testing: 1. Monitor irrigation system components to maintain a continuous, trouble-free operation. 2. Monitor and adjust controller scheduling to supply water appropriate to plants and general weather conditions during the Maintenance Period. Check for complete and even coverage of all planting areas and to avoid overthrow onto paved surfaces, site furnishings, and buildings. 3. Flush and adjust heads to maintain proper coverage. 4. Promptly repair and replace any equipment damaged by maintenance operations at no additional cost to Owner. 5. Perform Operation Test at start and 30 days prior to the end of the maintenance period. Set the controller on automatic operation and irrigate automatically through 2 cycles. Examine each circuit for deficiencies. 6. Promptly report all damage not resulting from Contractor's negligence to Owner for direction regarding repair or replacement. B. Adjustments: 1. Set watering schedule on controllers appropriate to type and maturity of plants and performance based on available pressure. Adjust throughout the year for seasonal change. C. Pipe Repair: 1. During routine maintenance, staff should be on the lookout for both breaks in the main lines and lateral lines. Repair broken pipes immediately. 2. Repair broken pipe with repair kit, slip fix, pressure sleeve or equal, oras required. IRRIGATION SYSTEMS © 2015 Stantec 1 193802810 329000-27 3. Where replacement pipe is required, use pipe and fittings to match original Specifications. D. Control Wires: 1. Should control wires be cut or damaged, locate area of damage and splice in new section of wire using splicing kit. Place splice in 6 -inch round box similar to valve box. E. Replacement Irrigation Heads: F. Match those specified and installed on Project. 3.17 WATER SUPPLY A. The Contractor to connect to the water service inside the building as shown on the Drawings. 3.18 MEASUREMENT AND PAYMENT A. All Work and costs of this Section to be measured and paid for on a Lump Sum Basis and to be included on the Bid Form under the Bid Item provided for Irrigation System, Complete. END OF SECTION IRRIGATION SYSTEMS 0 2015 Stantec 1 193802810 329000-28 SECTION 32 92 00 TURF AND GRASSES PART i GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of topsoil, seed, sod, soil amendments, mulch, and erosion control. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Sodding type Lawn. Measurement will be based upon units of square yards of sod installed complete in place as specified, including installing topsoil, soil amendments, furnishing and installing sod, preparation of surface maintenance, and all incidental items associated with the Work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2014 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Engineer 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags/tags (germination rate, weed seed content), and copy of seed dealer's invoice. TURF AND GRASSES 0 2015 Stantec 1 193802810 329200-1 E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. F. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1, Sod -The establishment period shall be 30 days following installation. 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. B. "Pick rocks" from topsoil that are larger than 1 inch in diameter. C. All topsoil shall be approved by the Engineer prior to seeding and sodding. PART 2 PRODUCTS 2.01 TOPSOIL: CONFORM TO MNDOT SPEC. 3877.2A COMMON TOPSOIL BORROW. A. All topsoil shall be screened and pulverized. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24 -percent nitrogen, 12 -percent phosphoric acid, and 24 -percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.03 SOD: CONFORM TO MNDOT SPEC. 3878.21D MINERAL SOD. 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. TURF AND GRASSES © 2015 Stantec 1 193802810 329200-2 B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Sprinkle sod with water and cover with moist burlap, straw, or other approved covering, and protect from exposure to wind and direct sunlight. Covering should permit air circulation to alleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2574.3D. 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. The fertilizer used shall be a commercial grade slow release complete fertilizer. 3. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 PLACING SOD A. Conform to MnDOT Spec. 2575.3F. 3.05 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.06 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. TURF AND GRASSES © 2015 Stantec 1 193802810 329200-3 3.07 SOIL MOISTURE AMENDMENT A. Apply per manufacturer's recommendations. B Thoroughly mix with topsoil and compost mixture prior to placement. C. This item shall be incidental to the Work. 3.08 TURF ESTABLISHMENT A. Water sodded areas as necessary during the establishment period to provide establishment of turf over 100 percent of sodded areas. 3.09 MAINTENANCE A. Maintain restored areas in accordance with MnDOT Spec. 2575.3K and in accordance with the 2014 MnDOT Seeding Manual. Contractor is responsible for all maintenance activities as required to ensure proper seed growth, including but not limited weed control, watering, and mowing. B. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the some requirements of the original work. C. Any sod that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his/her expense. D. Watering of sodded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. The Contractor will work together with the Owner to create a watering schedule to help ensure proper watering of the sodded areas. 3.10 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period (s), a final inspection of planting (s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Engineer's discretion. 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 © 2015 Stantec 1 193802810 329200-4 SECTION 32 93 00 PLANTS PART GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish plants and planting soil required, bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, watering, mulching, fertilizing, and maintenance. B. Related Sections 1. Section 32 92 00 -Turf and Grasses. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Deciduous Trees. Measurement will be by each tree species, variety, caliper and/or size range furnished and planted in accordance with the Drawings. 2. A Bid Item has been provided for Deciduous Shrub. Measurement will be by each shrub species, variety, and size furnished and planted in accordance with the Drawings. 3. A Bid Item has been provided for Perennials. Measurement will be by each perennial species, variety, and size furnished and planted in accordance with the Drawings. 4. A Bid Item has been provided for Granite Rock. Measurement will be by cubic yard of crushed granite rock placed, including grading placement area, removal of excess geotextile fabric and appurtenant items, in accordance with the Drawings. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. Inspection and Contract Administration Manual for MnDOT Landscape Projects, 2014 Edition. C. American National Standards Institute (ANSI) 1. ANSI Z60.1 - American Standard for Nursery Stock. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.2A2. PLANTS © 2015 Stantec 1 193802810 329300-1 2. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Landscape Architect 5 days prior to bulk delivery. B. Submit gradation report on sample of granite rock to be used. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.06 SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. B. Protect established turf areas, pavements, and all other adjacent improvements during planting operations. 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: April to June 1. 2. Fall: August 20 to October 1. 3. No Work shall be done when the ground is frozen, snow covered, too wet, or in an otherwise unsuitable condition for planting. 4. No planting shall take place before the irrigation system is installed, tested, and approved. 5. Special conditions may exist that warrant a variance in the specified planting dates or conditions. Submit a written request to the Landscape Architect stating the special conditions and proposal variance. 1.08 QUALITY ASSURANCE A. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. B. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. C. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to the Landscape Architect, together with proposal for use of equivalent material. D. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by a recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. PLANTS 0 2015 Stantec 1 193802810 329300-2 E. Trees, Shrubs, and Perennials: Provide trees, shrubs, and perennials of quantity, size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, gown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun -scald, injuries, abrasions, or disfigurement. F. Plant Names and Labels: The nomenclature used in the Drawings and Specifications conforms with few exceptions, to that of the current edition of Standardized Plant Names as adopted by the American Joint Committee on Horticulture Nomenclature. G. Workers: Landscaping work shall be performed by personnel familiar with planting procedures, and Work shall be Engineered our under the direction of a qualified planting supervisor. Inspection: The Landscape Architect will inspect shrubs and perennials at place of growth before planting, for compliance with requirements for genus, species, variety, size, and quality. Landscape Architect retains the right to further inspect shrubs and perennials for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of Work. Remove rejected trees and perennials within 8 hours from the Site. All plant material shall be hardy stock grown in a similar hardiness zone for a minimum of 2 years. J. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Landscape Architect 5 days prior to delivery. K. Most Deciduous Trees and Shrubs: Transplant in early spring after ground thaws and buds on trees or shrubs begin to swell, or in fall after leaves drop and before ground freezes. 1.09 PLANT ESTABLISHMENT AND WARRANTY PERIOD A. The Establishment and Warranty Period for plants shall be 3 years, and shall begin upon written approval of Work. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil 1. Topsoil for use as a plant growing medium in the perennial, shrub, and tree planting beds. 2. Loam Topsoil Borrow: Conform to MnDOT Spec. 3877.28. B. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use double shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non -termite infested source. PLANTS 0 2015 Stantec 1 193802810 329300-3 C. Fertilizer 1. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. 2. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. 3. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). D. Compost: Conform to MnDOT Spec. 3890.28. E. Plant and Nursery Stock: Conform ANZI Z60.1 1. Pruned and shaped prior to digging and balling. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Root ball minimum diameters and depths shall conform to ANZI Z60.1. 4. Unless specified otherwise, the minimum shrub size per type is as follows: a. Type 1 - Small Shrub or Creeping Conifer: 12 inch height/spread in No. 2 container class. b. Type 2 - Intermediate Shrub or Semi -Spreading Conifer: 15 inch height/spread in No. 2 container class. F. Geotextile Fabric 1. Conform to MnDOT Spec. 3733, Type 1. 2. Geotextile shall not be left exposed to the sun for a period in excess of 7 days without being covered. 2.02 ACCESSORIES A. Tree Wrapping: 2 -ply asphalt cemented crepe paper furnished in strips. B. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. C. Wire Ties and Guys: Minimum 12 gauge, twisted 2 strands, pliable galvanized steel. D. Plant Protectors for Guy Wires 1. Minimum 10 inches wide, 40 mil thick polyethylene or polypropylene, no rubber or plastic hose permitted. 2. Length: 16 inches long. E. Safety Flags for Guy Wires 1. Material: Fluorescent orange surveyor's plastic tape. 2. Length: Minimum 6 inches. F. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed for approval based on the information provided by the product label and the manufacturer's recommendations. G. Water: Non -deleterious to plants or animals. H. Rodent Protection: Conform to MnDOT Spec. 2571.2C4. PLANTS © 2015 Stantec 1 193802810 329300-4 PART 3 EXECUTION 3.01 DELIVERY AND STORAGE A. Delivery 1. Notify Landscape Architect of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Protect trees during transport by tying in the branches and covering all exposed branches. 3. The use of equipment, such as tree spades, is permitted provided the plant balls are sized in accordance with ANSI Z60.1 and tops are protected from damage. 4. 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. 2. Store plants not installed on the day of arrival at the Site as follows: a. Shade and protect plants from the wind when stored outside. b. Heel in bare root plants. c. Protect plants stored on the Project from drying out at all times by covering the balls or roots with moist sawdust, wood chips, shredded bark, peat moss, or other similar mulching material. d. Keep plants, including those in containers, in a moist condition until planted, by watering with fine mist spray. 3.02 PLANT INSTALLATION A. Layout 1. Layout individual tree and shrub locations and areas for multiple plantings. 2. Stake locations and outline areas. Center holes at staked locations. 3. Verify the location of any underground utilities and adjust locations as necessary 4. Do not start planting work until layout is approved by the Landscape Architect. 5. Make minor adjustments as required. B. Preparing Plant Holes 1. Do not begin Work on plant holes until after finish grading has been completed. 2. Dig plant pits so that they have vertical sides and flat bottoms. When pits are dug with an auger and the sides of the pits become glazed, scarify the glazed surface. Size the plant pits as shown on Drawings, otherwise, the minimum allowable dimensions of plant pits shall be as follows: a. Pit depths shall be 150 mm (6 inches) deeper for shrubs and 225 mm (9 inches) deeper for trees than the depth of ball or root spread; for ball or root spread up to 600 mm (2 feet). b. Pit diameters shall be twice the ball or root spread; for ball or root spread from 600 to 1,200 mm (2 to 4 feet), pit diameters shall be 600 mm (2 feet) greater. c. For ball or root spread over 1,200 mm (4 feet), pit diameters shall be 1-1 /2 times the ball or root spread. PLANTS 0 2015 Stantec 1 193802810 329300-5 3. Where existing soil is to be used in place, till new ground cover and plant beds to a depth of 100 mm (4 inches). Spread peat uniformly over the bed to depth of 50 mm (2 inches) and thoroughly incorporate it into the existing soil to a depth of 100 mm (4 inches) using a roto -tiller or similar type of equipment to obtain a uniform and well pulverized soil mix. During tillage operations, remove all sticks, stones, roots, and other objectionable materials. Bring plant beds to a smooth and even surface conforming to established grades. 4. In areas of new grading where existing soil is being replaced for the construction of new ground cover and plant beds, remove 100 mm (4 inches) of existing soil and replace with topsoil. Plant beds shall be brought to a smooth and even surface conforming to established grades. Till 50 mm (2 inches) of peat into the topsoil as specified. 5. Form earth saucers or water basins using topsoil to enhance watering around plants. 6. Treat plant saucers, shrub, and ground cover bed areas, prior to mulching, with an approved pre -emergent herbicide. 7. Plant ground cover in areas to receive erosion control material through the material after material is in place. 8. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil, including subsoil mixed with aggregate base or other unsuitable planting media. 9. Rototill or aerate any planting soil compacted by operations. C. Pruning: Except for oak species, prune immediately prior to planting to remove stock damaged during transport and movement. D. Setting Plants 1. Field Grown and Container Grown Stock a. Handle balled and bur lapped, and container -grown plants only by the ball or container. Remove container -grown plants in such a way to prevent damage to plants or root system. b. Set plants plumb and hold in position until sufficient soil has been firmly placed around the roots or ball. Set plants in relation to surrounding grade so that they are at the proper depth in relation to the root flair as described below. c. For balled and bur lapped plants, carefully remove excess burlap and tying materials and fold back. Where plastic wrap or treated burlap is used in lieu of burlap, completely remove these materials before backfilling. d. Remove excess soil from the top of B&B and container grown trees to expose the root flair. Finish grade should not be higher than the root flair. Trees with significant stem -girdling roots will be rejected. e. Backfill plants with planting soil mixture as specified to approximately half the depth of the ball and then tamp and water. Tamp and water remainder of backfill Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Stock a. Soak roots overnight before planting. Protect roots from drying during installation. b. Set plants plumb arranging the roots in a natural position without tangling or turning up to surface. c. Remove damaged roots with a clean cut. Paint cuts larger than 13 mm (1 /2 inch) in diameter with tree wound dressing. d. Carefully work Planting Soil Mixture in among the roots. Tamp and water the remainder of Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. PLANTS © 2015 Stantec 1 193802810 329300-6 E. Remove surplus subsoil and topsoil from Site. 3.03 WATERING A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the Work is accepted. 3.04 MULCHING A. Place mulch material as described on details within 48 hours of the second watering, unless otherwise approved by Landscape Architect. Dish top of backfill to allow for mulching. B. Mulch: For trees, provide not less than 4 inch thickness of mulch and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. For other plants, provide mulch depth as indicated on details. 3.05 PROTECTION A. General 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. B. Trees 1. Guy and stake trees immediately after planting if needed due to potential wind damage. Conform to MnDOT Spec. 2571.31. Follow Drawing Details assuring that wires have slack to allow tree to move and develop strong trunk. 2. Inspect tree trunks for injury, improper pruning, and insect infestation/disease and take corrective measures before wrapping. 3. Wrap trees at end of growing season and remove prior to following growing season. Wrap all trees from the ground to the first major branch. 4. Install rodent protection. 3.06 EDGING PLANT BEDS A. Uniformly edge plant beds to provide a clear cut division line between the planted area and the adjacent lawn. B. Install metal edging materials per the manufacturer's recommendations and as indicated in the Drawings. Set top of edging flush with or up to 1 inch above finished grade. Set top of stake 1/2 inch below top of edging. 3.07 CLEANUP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. PLANTS © 2015 Stantec 1 193802810 329300-7 B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.08 MAINTENANCE A. During the Plant Establishment Period the Contractor shall 1. Water all plants to maintain an adequate supply of moisture within the root zone. An adequate supply of moisture is the equivalent of 25 mm (1 inch) of absorbed water per week either through natural rainfall or augmented by periodic watering. Apply water at a moderate rate so as not to displace the mulch or flood the plants. 2. Prune plants and replace mulch as required. 3. Replace and restore stakes, guy wires, and eroded plant saucers as required. 4. In plant beds and saucers, remove grass, weeds, and other undesired vegetation, including the root growth, before they reach a height of 75 mm (3 inches). 5. Spray with approved insecticides and fungicides to control pests and ensure plant survival in a healthy growing condition, as directed by the Landscape Architect. b. Remove plants that die during this period and replace each plant with 1 of the some size and species. 7. The Contractor is not responsible for theft or damage to plants by non -contractor vehicles or vandalism once plants are installed and approved. 3.09 INSPECTION, ACCEPTANCE, AND WARRANTY A. Landscape work will be inspected for acceptance upon completion of all Work. B. Landscape Architect shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. C. All plants will have a 3 -year establishment and warranty period. D. At the conclusion of the establishment and warranty period, a final inspection of planting will be made to determine the conditions of Work. When Work does not comply with Specifications, Contractor shall replace rejected work. Replacement plants will include a second establishment period. Remove rejected plants and materials from the Site. END OF SECTION PLANTS © 2015 Stantec 1 193802810 329300-8 SECTION 33 05 05 TRENCHING AND BACKFILLING PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 31 10 00 - Site Clearing. 2. Section 33 10 00 - Water Utilities. 3. Section 33 31 00 - Sanitary Utility Sewer Piping. 4. Section 33 40 00 - Siorm 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. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 -inch layer placed below pipe bedding, not including the first 6 inches. a. For example, say 2 feet of foundation material is required under a pipe installed with C-2 bedding. Because 6 inches of material is required for Class C-2 pipe bedding (and therefore incidental), payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. b. No payment will be made without the knowledge or consent of the Engineer. c. No payment will be made for subgrode rock installed for de -watering purposes only, unless specified. d. No payment will be made for disposing of excavated material off Site that has been created by placement of improved pipe foundation. 4. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 5. Density Tests a. Passing Tests: All costs paid by Owner. b. Failing Tests: All costs charged to and paid by the Contractor. 6. Dewatering: No explicit, direct payment is made for this work as discussed in Section 01 50 00 - Temporary Facilities and Controls. Costs for this work are to be included in the Bid Unit Price for the pipe or structure installed. 7. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-1 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM) I . C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft-Ibf/ft). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.05 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around drain the pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. TRENCHING AND BACKFILLING 0 2015 Stantec 1 193802810 330505-2 B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 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. 3149.2131 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. Reinforced Concrete Pipe (RCP) 1. Class C-1 Bedding a. Undisturbed soil. b. No rocks larger than 3 inches shall be placed within pipe zone. 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. 3149.2H. 2.04 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.28.1 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. TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-3 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. 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. TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-4 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 -Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone" 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom i. 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 TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-5 backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. 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. TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-6 F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re -compacted until the density requirements are met. END OF SECTION TRENCHING AND BACKFILLING © 2015 Stantec 1 193802810 330505-7 This Page Left Blank Intentionally SECTION 33 05 17 ADJUST MISCELLANEOUS STRUCTURES PART 7 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 31 00 - Sanitary Utility Sewer Piping. 3. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for various adjustments. Payment at the Bid Unit Price for all items is considered compensation in full for all materials and Work required for furnishing and installing the Bid Item in place. 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 new valve. 3. Extend Hydrant Barrel: A Bid Item has been provided for Extend Hydrant Barrel. Measurement will be by the lineal foot of adjustment made. 4. 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 manhole. 5. Adjust Catch Basin Frame and Ring Casting: A Bid Item has been provided for Adjust Catch Basin Frame and Ring Casting. Measurement will be by each. 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. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Casting. 2. A240 - Specification for Heat - Resisting Chromium - Nickel Stainless Steel Plate Sheet and Strip for Pressure Vessels. 3. C6 - Specification for Normal Finishing Hydrating Lime (Mortar). 4. C141 - Specification for Hydraulic Hydrated Lime for Structural Purposes (Mortar). 5. C150 - Specification for Portland Cement (Concrete Rings/Mortar). 6. C923 - Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes, and Materials. 7. D1248 - Polyethylene Plastics Molding and Extrusion Materials. 8. F593 - Specification for Stainless Steel Bolts, Hex Cap Screws, and Studs. 9. F594 - Specification for Stainless Steel Nuts. ADJUST MISCELLANEOUS STRUCTURES © 2015 Stantec 1 193802810 330517-1 B. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 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. B. Adjust Valve Box: A change in elevation of the top of the valve box accomplished through the raising or lowering of the existing top section of the valve box only. Adjustment does not include the addition or removal of sections from the valve box. C. Remove and Replace Adjustment Rings: The process of removing the existing concrete adjustment rings from an existing structure and placing new rings on manholes and catch basins. 1.05 SEQUENCING AND SCHEDULING A. Contractor, Engineer, and Owner shall inspect all existing structures prior to beginning construction. B. Owner will remove any foreign material found in the existing structures prior to construction. Contractor is responsible for removing any foreign material that enters the structures during construction. PART 2 PRODUCTS 2.01 ADJUSTING RING A. High -Density Polyethylene (HDPE) 1. Molded high-density polyethylene conforming to ASTM D1248. 2.02 ADHESION MATERIALS A. Ram-Nek material, or approved equal. B. Sealant (For HDPE Rings) 1. DOW 999 -A building caulking and glazing sealant, or approved equal. 2. Open cell polyurethane foam sealant with adhesive backing. 2.03 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.04 CASTINGS A. Manhole, Catch Basin Frames, and Covers 1. Requirement: ASTM A48. 2. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. ADJUST MISCELLANEOUS STRUCTURES © 2015 Stantec 1 193802810 3305 17-2 3. Finish Preparation: Sandblast. 4. Machine cover and frame contact surface for non -rocking protection. 5. All manhole covers will be provided by the Owner. B. Risers 1. Conform to details on Drawings. 2. Conform to the requirements of Section 33 10 00. 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, 4-1/2 ounces for use in conjunction with HPDE 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. HDPE Adjusting Ring 1. Remove all dirt, debris, dust, and other deleterious material from surface prior to placement of first ring. 2. Install adhesive for adjusting rings as per the following: Location of Sealant Type of Sealant Between casting and last ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 ADJUST MISCELLANEOUS STRUCTURES © 2015 Stantec 1 193802810 3305 17-3 Location of Sealant Type of Sealant Between intermediate rings: 1/2 -inch bead of DOW 999 Between cone/top slab and first ring: 3/4 inch by 3/4 inch open cell polyurethane foam sealant and 1/2 -inch bead of DOW 999 3. Sealant to be placed around entire circumference of each unit with no gaps. 4. Utilize the flat and sloping units to match the required grade and slope of the area at the location of the structure. 5. Minimum of 2, maximum of 5 rings allowed. 6. Wrap entire casting and ring system with geotextile. For structures with cone section, geotextile wrap to extend over a minimum length of 18 inches of the cone. 3.04 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. 3.05 ADJUST VALVE BOX A. Adjust box by screwing top section up or down. B. Prevent sand, chunks of concrete, or any other debris from entering the valve box 1. Short sections inserted inside the existing top section are not allowed to perform adjustment, unless specified. C. Install approved sections as needed. D. Patch road to match existing pavement section. 3.06 HYDRANT EXTENSIONS A. Remove upper section. B. Install extension kit as per manufacturer's requirements. C. Replace upper and lower rod assemblies with heavy-duty for extensions in excess of 18 inches. D. Replace the upper section. ADJUST MISCELLANEOUS STRUCTURES © 2015 Stantec 1 193802810 330517-4 3.07 FIELD QUALITY CONTROL A. For adjustments made within bituminous surfaced areas, any settlements of the bituminous surface greater than 3/8 inch below the rim of the adjustment structure will require removal and replacement of the bituminous surfacing at the Contractor's expense. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Adjust Manholes and Catch Basin Frames 1/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around manhole and catch basin frames is required. Where existing frame is within 0.10 feet of grade, no adjustment is to be made. In such cases the crown or gutter shall be either lowered or raised, as the case may be, to put the street and frame at the same grade. D. Adjust frame upward with standard concrete adjustment rings of the some size as the cone or slab opening. Place each adjustment ring and frame in a full mortar bed. Adjusting rings needed to raise the casting to grade shall be incidental to the adjustment pay item. E. Adjust frame downward by removing the necessary number of adjustment rings from the structure and resetting the frame in a full mortar bed to grade. Regardless of the direction of adjustment, no shims of any material will be allowed. The minimum thickness of all mortar joints shall be at least 1/4 inch with a maximum allowable thickness of 1/2 inch. All excess mortar from the joint shall be wiped clean from the inside of all rings and frame. All manhole castings must be replaced prior to the placing of the final wear course. G. Adjust valve boxes to 1/8 inch below grade prior to placing the final wear course. Thorough tamping of the material around the valve box is required. All valve boxes are the sectional screw -threaded adjustable type. END OF SECTION ADJUST MISCELLANEOUS STRUCTURES 0 2015 Stantec 1 193802810 3305 17-5 This Page Left Blank Intentionally SECTION 33 08 30 COMMISSIONING OF SANITARY SEWER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Testing of sanitary sewer pipe, manholes, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 31 00 - Sanitary Utility Sewer Piping. 2. Section 33 31 14 - Sanitary Sewer Services. 3. Section 33 34 00 - Sanitary Utility Sewer Force Mains. 4. Section 33 39 00 - Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT A. Measurement and Payment 1. A Bid Item has been provided for Sanitary Sewer Inspection. Payment shall include cleaning lines, televising, providing water for determining sags, reports, videos, photos and other documentation and incidentals to complete the televising as specified. Televising shall typically start and end at manholes. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. C924 - Standard Practice for Testing Concrete Pipe Sewer Line by Low -Pressure Air Test Method. 2. C969 - Standard Practice for Infiltration and Exfiltration Testing of Installed Precast Concrete Pipe Sewer Lines. 3. Cl 103 - Standard Practice for Joint Acceptance Testing of Installed Precast Concrete Pipe Sewer Line. 4. C1244 - Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure. 5. F1417 - Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines using Low -Pressure Air. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Proposed field testing methods. 2. Results of field testing. 3. 2 copies on DVD format of sewer televising and 2 copies of the written report on conditions. DVD and written reports shall be submitted to both Engineer and Owner. 4. Electronic Copies: Televising reports shall be submitted in pdf format. One pdf shall be created for each section of pipe located between two manholes. Each report shall be named with a number matching the Owner's pipe identification number. The COMMISSIONING OF SANITARY SEWER UTILITIES © 2015 Sfantec 1 193802810 330830-1 identification number for each section of pipe shall be provided to the Contractor prior to televising. 5. Identification Spreadsheet: Provide in Microsoft excel format with the Owner's pipe identification number for the pipes that were cleaned and lined. Individual televising reports, images, and video must correspond to the pipe id. A sample spreadsheet can be provided by the Engineer upon request. 6. Any images taken must be provided to the Owner in jpeg format or a format that is approved on by the Owner. 7. Reports and video shall be provided for each televising inspection. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Commence test procedures only when pipe and structures are clean and free of dirt, water, or other foreign matter, and for buried pipe, trench has been backfilled. 3.02 FIELD QUALITY CONTROL A. Engineer will observe all tests and visually inspect the Work for compliance. B. Contractor shall provide all material, equipment, and labor required to test the sanitary sewer systems. C. Gravity Pipe Leak Testing 1. General a. Test all systems (pipe and structures) for leakage before being put in service. Notify Engineer of the date and time for each test 1 day prior to actual testing. Test in section length increments deemed necessary by the Engineer. b. Test each section by 1 of the following methods. c. Individual segments MH to MH pipe runs must be tested and accepted by the Engineer prior to starting construction of the next pipe run. 2. Low Pressure Air Test a. Diameter: Less than or equal to 24 inches. b. Must meet criteria set forth in ASTM F1417. c. Groundwater level shall be no higher than 2 feet above the top of pipe at upstream end. d. Acceptable time for loss of 0.5 psig of air pressure shall be the larger of the 2 times below: Pipe Size Min. Time Time (s/ft of pipe) Min's 8 3:50 0.760 10 4:40 1.187 12 5:40 1.709 15 7:05 2.671 18 8:30 3.846 COMMISSIONING OF SANITARY SEWER UTILITIES 0 2015 Stantec 1 193802810 330830-2 Pipe Size Min. Time Time ISM of pipe) Min's 21 9:55 5.235 24 11:20 6.837 e. Requirement may be waved for reconstruction projects where reconnection of active sewer services prevents testing with permission from Owner. 3. Pipe Joint Acceptance Testing a. Diameter: 36 inches or larger. b. Must meet criteria set forth in ASTM Cl 103, or as modified by pipe manufacturer. c. Must observe confined space procedures. 4. Infiltration and Exfiltration Acceptance Testing a. Diameter: 36 inches or larger. b. Must meet criteria set forth in ASTM C969. c. If this method is to be used for testing manholes, test must be performed prior to welding sheet liner (if applicable). D. Gravity Pipe Deflection Testing i. Required for all flexible pipe (FRP, PVC, and HDPE). 2. Deflection Testing Methods a. Pipe Diameters Through 24 Inches: Pull mandrel through the pipe by hand (without aid of mechanical pulling devices). b. Pipe Diameters Greater Than 24 Inches Through 36 Inches: Deflections shall be determined by use of a mandrel or a method submitted to and approved by the Engineer. If mandrel is used, it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). c. Pipe Diameters Greater Than 36 Inches: Deflection measurements shall be determined using a mandrel, rigid bar, a circular rigid template, or by a method approved by the Engineer. If mandrel is used, it shall be pulled through the pipe by hand (without aid of mechanical pulling devices). 3. Deflection testing shall be conducted at least 30 days after the pipe has been backfilled to the desired finish grade on all direct bury flexible pipe. 4. 5 -percent deflection allowance. 5. Mandrel Diameter Requirements a. Diameter equal to 95 percent of the base inside diameter noted in Appendix A of ASTM D3034 for PSM PVC pipe (SDR pipe) and calculated from Appendix X2 of ASTM F679 for PS 46 or 115 pipe. b. For all other pipe, the minimum diameter shall be equal to 95 percent of the Average Internal Diameter of the pipe as specified below: 1) Average Internal Diameter = (Average Outside Diameter) minus [2 by 1.06 by (Minimum Pipe Wall Thickness)]. 2) The Average Outside Diameter will be based on applicable ASTM or AW WA Standard. 3) No adjustments to the Average Internal Diameter will be allowed for out -of - roundness, diameter variation, or thickness variation due to manufacture, shipping, and handling. c. Mandrel shall be constructed of rigid steel, be non-adjustable, and have an odd number of legs (9 legs minimum). Its effective length shall not be less than its nominal diameter. 6. Deflection Template/Bar Requirements a. The circular template diameter (or rigid bar length) shall be equal to the mandrel diameter requirements as determined above. COMMISSIONING OF SANITARY SEWER UTILITIES © 2015 Stantec 1 193802810 330830-3 b. Circular templates shall be constructed of rigid materials and be non-adjustable. c. Rigid bars shall have a 1 inch diameter circular section, be constructed of steel, and be non-adjustable. 3.03 REQUIREMENTS FOR TEST FAILURES A. Pressure or Leak Test Failure 1. Repair piping as necessary to conform to product requirements. 2. All repair work shall be subject to approval by the Engineer. 3. Chemical type sealants added to the test water will not be permitted. 4. The Engineer may require removal and replacement of pipe in failed test sections. 5. The cost of replacement, repair, and re -testing of failed pipe sections shall be borne by the Contractor. B. Deflection Test Failure 1. Unless otherwise permitted by the Engineer, any over deflected pipe shall be uncovered, and if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the Site. 3.04 SANITARY SEWER CLOSED CIRCUIT TELEVISION INSPECTION A. General 1. Televising shall be performed on all newly constructed gravity sanitary sewer lines after successful leak testing has been completed and accepted. 2. The sewer contractor shall assist with providing access to all sanitary sewer lines after successful leak and deflection testing has been completed and accepted. 3. Format - The video will be submitted in a DVD format with both audio and video. 4. Camera - The camera will be a self propelled unit providing color video with the ability to tilt up and down and pan left to right. The camera lens shall be capable of turning and looking up each wye or service tap to a minimum distance of the first fitting of the service pipe. The camera is to provide color video and still photographs of any defect. 5. Rate - The televising shall be conducted at a rate not to exceed 30 feet per minute. B. Line Requirements 1. All lines shall be jetted and vacuumed so that all debris has been removed prior to televising. 2. A small quantity of water is to be introduced into the line prior to televising. Amount shall be determined by the Engineer and coordinated with the Owner's Water and Sewer Department. The amount of water shall be sufficient enough to distinguish any sags or alignment problems with the pipe. 3. Each run will consist of a starting and ending MH-#, line size, and a zero reading on the counter at center of the starting manhole. 4. Each service Wye shall be examined using the pan and tilt feature. 5. The video camera operator shall type into the video the station (distance), Wye location on either the left or right side of the pipe and any problems they notice while televising the sewer lines. C. Manhole Requirements 1. Examine starting and ending doghouses for quality of mortar work. 2. Examine all joints to confirm watertight quality of gaskets and seals. 3. While at the bottom of the manhole, the camera will examine for infiltration as high as it can see around the entire manhole circumference. 4. Examine vertical outside drops. COMMISSIONING OF SANITARY SEWER UTILITIES © 2015 Stantec 1 193802810 330830-4 D. Report Requirements 1. A technician shall observe the monitor at all times during the televising and record the data. 2. Note locations, length and depth of any sags in the pipe (indicate any depths greater than 1/2 inch). 3. Note locations, length and depth of any areas of dirt or debris in the pipe (indicate any depths greater than 1/2 inch). 4. Record distance from center of manhole to center of manhole. 5. Note each change in pipe material, including station. 6. Note each Wye or service tap location with station and orientation (Example: wye right, 3 o'clock). 7. The complete report and DVD shall be submitted to the Owner/Engineer within 14 days after the completion of the televised segments. 8. Include color photos/images of defects in the written report. E. Review 1. All television reports and DVDs will be reviewed after the submittal is received. 2. Comments and corrections will be noted and submitted to the Contractor for immediate correction. F. Defects 1. Any defect, faultyjoints, cracked pipe, or other deficiency noted by the television inspection shall be immediately corrected by the Contractor. A plan for repair shall be presented to and approved by the Owner prior to the repair occurring. 2. Repairs shall be approved by Engineer prior to re -televising. 3. The repaired segment shall then be re -televised from manhole to manhole in accordance with section 3.04.F, and submit a report within 7 days. No additional compensation shall be awarded for re -televising any repairs or defects in the lines. END OF SECTION COMMISSIONING OF SANITARY SEWER UTILITIES © 2015 Stantec 1 193802810 330830-5 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. Related Sections 1. Section 31 23 00 - Excavation and Fill. 2. Section 33 05 05 - Trenching and Backfilling. 3. 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. Water Main Pipe: Measurement will be based upon units of lineal feet for each size and type of pipe installed, 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. 1) 1 Tracer wire shall be installed with water main pipe. Installation of the tracer wire and connection to hydrants shall be considered incidental to this bid item. 2) Magnetized Tracer Boxes installed at hydrant locations for tracer wire are considered incidental to this bid item. b. 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. Hydrant: Measurement will be based on units of each Hydrant installed. Payment at the Bid Unit Price shall include furnishing and installing the Hydrant complete in place as specified. d. Ductile Iron Fittings: Measurement shall be based on the AWWA C153 fitting weight in pounds, installed in accordance to the Drawings. Payment at the Bid Unit Price shall include DIP Fitting, poly encasement, coatings, and hardware. e. Joint Restraint: No Bid Item has been provided. Joint restraint shall be considered incidental to water main installation with no direct payment made. f. 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. g. Water Main Offset: Measurement shall be based on each offset made. Payment shall include all pipe, fittings, restraints, and materials to complete the offset. IT. Temporary Water Service: No measurement shall be made. Payment shall be by lump sum. Payment shall include the water main pipe, fittings, service lines, staging, ramping, removal, and any other work involved with providing Temporary Water Service. WATER UTILITIES © 2015 Stantec 1 193802810 33 10 00 - 1 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 far testing. Testing shall be considered incidental to water main installation with no direct payment made. 4. Tracer Wire: Shall be considered incidental to the Project. 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 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. C1 11 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. Cl 16 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 5. C1 50 - Ductile -Iron Pipe, Centrifugally Cast. 6. Cl 51 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 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. 14. C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, for Water Transmission and Distribution. 15. C905 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, for Water Transmission and Distribution. 16. C906 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Fittings, 4 Inches Through 63 Inches, for Water Transmission and Distribution. American Society of Testing and Materials (ASTM) 1. A48 - Gray Iron Castings. 2. Al 26 - 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. 7. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 8. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 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 01 33 00: 1. Pipe, fittings, valves, and hydrants. WATER UTILITIES 0 2015 Stantec 1 193802810 331000-2 2. Joint restraint and corrosion resistant coatings. 3. Tracer wire. 4. Magnetized Tracer Box. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 72 hours prior to performing Work. At this time, the Contractor is responsible to notify the West Metro Fire Department of the intended shutdown. B. Owner requires a minimum 72 -hour notice for all residential utility interruptions. No residential utility interruptions shall begin prior to 9 A.M. (unless approved by the City otherwise) and maximum service interruption shall be 8 hours. C. It may be required that these utility interruptions occur at night. D. Notify all customers connected to water system to be shutdown 48 hours in advance of shut down. E. 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. F. 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. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250 -psi working pressure, AWWA Cl 11 /A21.11 latest revision, mechanical joint or push -on: 1. All fittings shall be fusion bonded epoxy coated per ANSI/AWWA Cl 16/A21. 2.02 POLYVINYL CHLORIDE (PVC) PLASTIC PIPE AND FITTINGS A. General: Pipe shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of AWWA C900 (4 inch to 12 inch diameter pipe) or AWWA C905 (14 inch to 48 inch diameter pipe). B. Design: Cast-iron pipe equivalent outside diameter with a minimum pressure class (PC) or dimension ratio (DR) as shown on the Drawings. C. Joints: Integral bell with elastomeric gasket joints providing a water -tight seal conforming to ASTM F477. D. Fittings: Conform to Ductile Iron Pipe (DIP) and Fittings specified under this Section. WATER UTILITIES © 2015 Stantec 1 193802810 33 1000-3 E. Marking: Conform to AW WA C900 and C905. F. Bolt Assemblies. G. Tee -Head Bolts 1. General: Conform to ANSI/AW WA C1 11 /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.): NSS Industries Cor -Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group], 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. 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 1. All hydrants located a distance of 5' or greater beyond the proposed back of curb shall be furnished with STORZ nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with 5" STORZ hose coupling. The nozzle shall be an integral part of the fire hydrant and must be furnished by the manufacturer or authorized distributer designated by the manufacturer. STORZ adapters will not be accepted. 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. WATER UTILITIES © 2015 Stantec 1 193802810 331000-4 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. 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 HYDRANT EXTENSIONS A. Sections: Match existing hydrant manufacturer and model. 2.05 GATE VALVE AND BOX A. General Requirement: AWWA C515 or C509. B. Non -rising stem (NRS), opening by turning counterclockwise, 2 inches square operating nut. C. O-ring seals. D. Mechanical joint ends conforming to AWWA C1 1 1 /A21.1 1. 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. J. Valve box adaptor to be included with valve box installation. 1. 1/4 -inch steel frame. 2. Powder coated or epoxy coated. 3. 3/4 -inch bottom rubber gasket. 4. Casting body and wedge assemblies coating a. Fusion bonded epoxy per ANSI/AWWA Cl 16/A2. K. Tie Rods: 3/4 -inch diameter rods stainless steel or fusion bonded epoxy coated. WATER UTILITIES ©2015Stantec 1 193802810 331000-5 2.06 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 1508 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. O-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/AW WA C550 and Cl 16/A21.16. I. Spray exterior nuts and bolts of valve and restraints using a bituminous coal tar as supplied by the manufacturer. J. Wrap gate valves according to Part 2 - Pipe Encasement. K. Operator 1. Traveling nut type sealed, Basketed, and lubricated for underground service. 2. Open counter clockwise. 3. 2 inches square operating nut. L. Valve Box 1. 3 -piece, cast 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. M. Valve box adaptor to be included with valve box installation. 1. 1/4 -inch steel frame. 2. Powder coated or epoxy coated. 3. 3/4 -inch bottom rubber gasket. 2.07 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating a. Fusion bonded epoxy per ANSI/AWWA Cl 16/A2. WATER UTILITIES © 2015 Stantec 1 193802810 331000-6 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. 2.10 TRACER WIRE A. Conform to the applicable requirements of NEMA WC3, WC5, and WC7. B. Shall be Underwriters Laboratories (UL) listed for use in direct burial applications (e.g. USE, UF, or tracer wire). C. Conductor: Minimum No. 10 AWG - Copper Clad Steel Tracer Wire rated to 30 volts. D. Outside Identification: Volts (or V), AWG size, UL and designation (ex. "tracer wire"). E. Magnetized Tracer Boxes: Snake Pit Magnetized Tracer Box, www.copperheadwire.com, or approved equal 1. Concrete/Driveway Box. 2.11 CORPORATION STOP A. Conform to the requirements of Section 33 12 12. 2.12 COPPER SERVICE PIPE A. Conform to the requirements of Section 33 12 12. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE 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. WATER UTILITIES © 2015 Stantec 1 193802810 331000-7 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, except for HDPE and PVC water main pipe. H. Precautions are to betaken to prevent debris or groundwater from entering the pipe being laid. 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 exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. 4. Wrap fittings with polyethylene film according to Part 2 - Pipe Encasement. 5. Place thrust blocks or tie rods according to City standard details. Wrap all ductile iron pipe and fittings according. 1. Only use tape approved for use with pipe encasement. 2. Pipe encasement shall be cut and wrapped around all fittings and valves to fully cover all surfaces. 3. Pipe encasement shall be placed when pipe is clean, prior to lowering pipe into trench. 4. Tape shall be required as needed to secure the pipe encasement. 5. Additional taping or a double layer of pipe encasement shall be required to repair any holes in the 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. WATER UTILITIES © 2015 Stantec 1 193802810 331000-8 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. H. Furnish 1 additional marker for each hydrant to the Owner. Repair all scuffed or scratched surfaces with a field coat of paint supplied by manufacturer. 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. 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. Restrain all bends and fittings with mechanical joint restraints. B. Provide concrete thrust blocking for all bends, tees, hydrants, and plugs: 1. Requirements per Drawings. 2. Block tees, plugs, and hydrants to some requirements as 90 degree bend. 3. All thrust blocking must be poured -in-place concrete. Wood or precast concrete segmental block is not allowed for thrust blocking. 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. Place insulation over water pipe where tie-ins or othe4r conditions limit bury depth to less than specified. 3.07 TRACER WIRE A. Attach to magnetized tracer box per manufacturer's specifications. 1. Seal tracer wire leads and brass wire harness per manufacturer's specifications. WATER UTILITIES 0 2015 Stantec 1 193802810 331000-9 B. Splice shall be accomplished by joining the 2 bare ends of the wires with either a copper mechanical split bolt compression fitting or a crimp -type compression sleeve for copper connections. No other connection is allowed. C. All joined splices and connections shall be fully enclosed using a 3M Brand ScotchfilTm Electrical Insulation Putty, or approved equal. The putty shall be fully sealed and bonded on all sides. D. Splices shall not be more frequent than 1 splice per 250 feet. E. Tracer wire shall be laid below all pipe, fittings, and hydrants. 3.08 TEMPORARY WATER SERVICE 1. Refer to Section 01 50 00. 3.09 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. 3.10 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. 3.11 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. B. Hydrostatic Pressure Test 1, Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. WATER UTILITIES © 2015 Stantec 1 193802810 331000-10 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) 6Inches 2 3) 8Inches 3 4) 10 Inches 4 5) 12 Inches 5 6) 16 Inches 9 7) 18 Inches 12 8) 201nches 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 the 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 passing test samples, taken at least 24 hours apart, shall be collected from the new main. Follow Minnesota Department of Health standards. 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. D. Continuity Test (PVC) 1. Test to be completed on the tracer wire after installation of all Project utilities. 2. Fill all lines prior to the test. 3. Test all lines including hydrant leads, water services, and stubs. 4. Test: Physically locate all pipes with use of an electronic utility locating device such as a "Metrotech". a. Completing a low voltage circuit with the use of a suitable voltage source and meter to ensure continuity of the tracer wire will be allowed at the discretion of the Engineer. END OF SECTION WATER UTILITIES 2015 Stantec 1 193802810 331000-11 This Page Left Blank Intentionally SECTION 33 12 12 NATER SERVICES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Construction of water service pipe, corporation stops, curb stops and boxes, and all appurtenances. B. Related Sections 1. Section 33 05 05 -Trenching and Backfilling. 2. Section 33 10 00 - Water Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Water Service Line: Measurement by linear foot of each size and type of pipe measured along the axis of the pipe, from centerline of the water main to termination as shown on the Drawings with no regard to intervening fittings. Payment at the Bid Unit Price per foot shall include cost of all pipe, fittings, laying, excavation, backfilling, and testing. a. Placement and compaction of the aggregate material around the haunches of the service pipe is incidental to the service line. b. Supplying and installing wooden markers or fence a post is incidental to the service line. c. Material, placement, compaction, and removal of excess trench material to be included in the Bid Unit Price for Water Service Line. 2. Connect to Existing Water Service: Measurement shall be based on each connection made, including the removal of existing plugs. Payment at the Bid Unit Price shall include all items required to complete the Work, including sleeves and reducers. 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) I . B88 - Class K Copper Water Service Pipe. 2. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 3. D3035 - Standard Specification for Polyethylene (PE) Plastics Pipe (DR -Pr) Based on Controlled Outside Diameter. 4. F1290 - Standard Practice for Electrofusion Joining Polyolefin Pipe and Fittings. B. American Water Works Association (AWWA) 1. C105 -American National Standard for Polyethylene Encasement for Ductile Iron Pipe Systems. 2. C900 - AWWA Standard for Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches through 12 Inches, for Water Distribution. WATER SERVICES 0 2015 Stantec 1 193802810 33 12 12 - 1 3. C901 - AWWA Standard for Polyethylene (PE) Pressure Pipe and Tubing, 1/2 Inch (13 mm) Through 3 Inches (76 mm), for Water Service. 1.04 SUBMITTALS A. Submit the Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Corporation stop and curb boxes. 3. Service saddles. 1.05 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, and all pipe deeper than the services prior to the installation of the services. B. Perform testing of new water main prior to reconnecting existing services. C. Notify the Owner a minimum of 72 hours prior to performing Work. Engineer will coordinate with the Contractor and residents the timing of house access to install the new service. The Contractor shall not install any water service without the Engineer having written authorization from the resident allowing entry to the home to perform Work. D. The Contractor should expect various nighttime work (10 P.M. to 6 A.M.) during service tie-ins. Maximum service disruption shall not exceed 8 hours. E. New water services shall typically extend from the main to the right-of-way line. Service valves or curb stops shall typically be placed at the ROW line. PART 2 PRODUCTS 2.01 SERVICE PIPE A. Poly (Vinyl Chloride) (PVC) Plastic Pipe: Conform to Section 33 10 00. 2.02 TRACER WIRE A. Conform to the requirements of Section 33 10 00. PART 3 EXECUTION 3.01 INSTALLATION A. Governing Code: Minnesota Plumbing Code and any local ordinances that may apply. B. Preparation: Conform to Section 33 05 05. C. New services shall be connected at the locations shown on the Drawings or if not shown as directed by the Engineer. D. Water Service Line 1. Parallel and upstream of the sewer service line in the some trench where feasible. WATER SERVICES © 2015 Stantec 1 193802810 331212-2 2. Installation of a new water service pipe by boring, pushing, pulling, jacking, or other trenchless construction methods must be approved by the Engineer prior to any of the above methods are implemented in the field. 3. Terminate water service as shown on Drawings or as directed by the Engineer. Typically termination will occur at the street right-of-way. E. Reconnect Existing Service 1. After testing, reconnect existing service to new service at the curb stop, utilizing straight coupling or appropriate reducing coupling with flared connection. 2. Remove existing curb stop and box and excess existing service pipe. 3. If service is 4 -inches or larger, conform to Section 33 10 00 for pipe and valve installation. 4. Upon completing the service connection and prior to opening the curb stop, the temporary service shall be disconnected from the spigot and the spigot opened. 5. After opening the curb stop, the spigot shall be flushed in an appropriate location until air and/or chlorine is eliminated from the line. 6. If spigot is not available, coordinate flushing with Owner and Engineer. 7. Verify operation of curb stop and stationary rods prior to backfilling. F. All trenches shall be backfilled and compacted in accordance to Section 33 05 05. 3.02 FIELD QUALITY CONTROL A. Do not backfill trench until the service has been inspected and approved by the Engineer. B. Pressure Testing: All water services will be pressure tested in conjunction with the water main, conforming to Section 33 10 00. 3.03 PROTECTION A. Mark Each Curb Box/Gate Valve 1. Raise curb box/gate valve to existing grade and mark with lath or stake so Engineer may tie out location. 2. Protect curb box/gate valve throughout construction. B. Mark the End of the Utility Services 1. Solid 4 inches by 4 inches wood post extending 2 feet below grade, with rebar for locating at top of post. END OF SECTION WATER SERVICES © 2015 Stantec 1 193802810 331212-3 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 08 30 - Commissioning of Sanitary Sewer Utilities. 4. Section 33 31 14 - Sanitary Sewer Services. 5. Section 33 34 00 - Sanitary Utility Sewer Force Mains. 6. Section 33 39 00 - Sanitary Utility Sewer Structures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for PVC Pipe Sewer. Measurement will be based upon units of lineal feet for each size, type. Pipe will be measured from centerline to centerline of manholes or to the connection point of the existing pipe. Depth of pipe shall be measured from the design ground profile over the pipe to the design pipe invert: a. PVC pipe bedding will be paid in accordance with Section 33 05 05. b. Improved pipe foundation material, if necessary, shall be per Section 33 05 05. 2. Bid Items have been provided for Wyes. Measurement will be based on units of each for each Wye or tee branch of each diameter and classification furnished and installed complete in place. 3. A Bid Item has been provided for Connect to Existing Manhole. Measurement shall be on the basis of each and shall be considered to include all excavation, labor, materials, and equipment necessary to make the required connection, including core drilling and reconstructing bench/invert. 4. Bid Items have been provided for Pipe Plug. Measurement will be based on each Plug installed according to size and type. Payment at the Bid Unit Price includes furnishing and installing the Plug and any blocking required, and posts for marking and locating. 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) I . C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. 2. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 3. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 4. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. SANITARY UTILITY SEWER PIPING 0 2015 Stantec 1 193802810 3331 00- 1 5. D3262 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Sewer Pipe. 6. D4161 - Specification for Fiberglass (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. 7, F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 8. F679 - Specification for Poly (Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings. 9. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based On Controlled Inside Diameter. 10. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. B. American Water Works Association (AWWA) 1. C105 - American National Standard for Polyethylene Encasement for Ductile -Iron Pipe Systems. 2. C111 - American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 3. C 116 - American National Standard for Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings for Water Supply Service. 4. C151 - American National Standard for Ductile -Iron Pipe, Centrifugally Cast, for Water. 5. C153 - American National Standard for Ductile -Iron Compact Fittings for Water Service. 6. C900 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 Inches Through 12 Inches, For Water Distribution. 7. C905 - Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 14 Inches Through 48 Inches, For Water Transmission and Distribution. 1.04 SITE CONDITIONS A. Sanitary sewer lines are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Pipe and fittings. 2. Transition couplings. 3. Tracerwire. 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. SANITARY UTILITY SEWER PIPING © 2015 Stantec 1 193802810 3331 00-2 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 26 or 35 as shown on the Drawings. 3. Joints: Elostomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Marking: Conform to ASTM D3034. 2.02 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. 2.03 TRANSITION COUPLING A. Coupling consisting of an elostomeric 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 PREPARATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. By -Pass Pumping in conformance with Section 01 50 00. C. Erosion control and dewatering in conformance with Section 01 57 13. 3.02 PIPE INSTALLATION A. Trench Excavation and Backfill: Conform to Section 33 05 05. 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 SANITARY UTILITY SEWER PIPING © 2015 Stantec 1 193802810 3331 00-3 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 31 14. M. Installation of Insulation 1. Insulation over pipe in locations as shown on the Drawings. 2. Insulation is to be placed wherever sanitary sewer line comes within 3 feet of any storm structure or line, or within 5 feet of the ground surface. 3.03 CONNECT TO EXISTING SYSTEM A. Connect to Existing 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. 5. If necessary, the invert shall be reconstructed to accommodate new flow location. Reconstruction of invert will also be necessary if pipe sizes increase. SANITARY UTILITY SEWER PIPING © 2015 Stantec 1 193802810 3331 00-4 3.04 MANHOLE INSTALLATION A. Conform to the requirements of Section 33 39 00. 3.05 FIELD QUALITY CONTROL A. Testing in conformance with requirements of Section 33 08 30. B. Re -test after corrective measures are completed. C. Cleanup 1. Cleaning 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 0 2015 Stantec 1193802810 3331 00-5 This Page left Blank Intentionally 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 08 30 - Commissioning of Sanitary Sewer Utilities. 3. Section 33 31 00 - Sanitary Utility Sewer Piping. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Items has been provided for 6" PVC Sanitary Service Pipe. 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. 2. No Bid Items have been included for service plugs or marking service ends. Payment for these items shall be included in the lineal foot price for Service Pipe. 3. A Bid Item has been provided for Connect to Existing Sanitary Sewer Ser. Measurement will be based on each connection made, regardless of size. Payment at the Bid Unit Price shall include all items required to complete the Work. 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. C 1 173 - 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. D1785 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120. 4. D2564 - Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 5. D2665 - Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste, and Vent (DWV) Pipe and Fittings. 6. D2672 - Specification for Joints for IPS PVC Pipe Using Solvent Cement. 7. D2855 - Standard Practice for Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 8. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 9. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 10. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. SANITARY SEWER SERVICES © 2015 Stantec 1 193802810 3331 14-1 1.04 SYSTEM DESCRIPTION A. This Work shall consist of the construction of sanitary sewer services in accordance with the requirements of the Contract. B. It is the intent of these Specifications to require the 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. 1.05 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product data for the following items: a. Pipe and fittings. b. Transition couplings. B. Service Risers: Location of riser, including distance along sewer main from downstream manhole and offset distance from sewer main centerline. C. Services: Location of wye from downstream manhole, length of service lines, and depth. 1.06 SITE CONDITIONS A. All Work must be 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. Poly (Vinyl Chlo(de) (PVC) Schedule 40 Plastic Pipe and Fittings. 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of D1785 and ASTM D2665. PVC DWV fittings shall conform to ASTM D2665. Belled end pipe shall have tapered sockets conforming to ASTM D2672. 2. Design: Integral belled pipe with a minimum wall thickness conforming to Schedule 40 as shown on the Drawings. 3. Solvent Cement Joints: The solvent cement used to join pipe and fittings shall meet the requirements of ASTM D2564. 2.02 BEDDING MATERIAL A. See Section 33 05 05. SANITARY SEWER SERVICES © 2015 Stantec 1 193802810 3331 14-2 2.03 SEWER LATERIAL 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. D. Installation: Similar to main line sanitary sewer pipe installation, conforming to the requirements of Section 33 31 00. E. The installation of solvent cemented joints shall be in accordance with ASTM D2855. F. Terminate 5 feet past property line or as shown on Drawings, G. All proposed service line locations are shown on the Drawings. H. 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. b. Concrete collars will not be allowed. 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." J. Plug ends with plug and necessary blocking. SANITARY SEWER SERVICES 0 2015 Stantec 1 193802810 3331 14-3 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. Mark end of new service with a wooden 2 inches by 2 inches by "variable" marker 1. Extend 6 inches below and adjacent to the plug. Extend 2 feet below the ground line. 2. Continuous without any breaks. 3. Vertical or plumb. END OF SECTION SANITARY SEWER SERVICES ©2015Stantec 1 193802810 3331 14-4 This Page Left Blank Intentionally SECTION 33 39 00 SANITARY UTILITY SEWER STRUCTURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Sanitary sewer manholes and miscellaneous appurtenances. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 33 05 05 - Trenching and Backfilling. 3. Section 33 05 17 - Adjust Miscellaneous Structures. 4. Section 33 08 30 - Commissioning of Sanitary Sewer Utilities. 5. Section 33 31 00 - Sanitary Utility Sewer Piping. b. Section 33 31 14 - Sanitary Sewer Services. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Refer to Section 33 31 00 for gravity sewer pipe pay items. 2. Bid Items have been provided for Construct Drainage Structure Design Special. Measurement will be based on units of each. Payment will include the manhole, manhole frame and casting, and adjusting rings in place as specified on the Drawings. 3. No Bid Item has been provided for Sanitary Manhole Overdepth. Structure Overdepth will be considered incidental to the Construct Drainage Structure Special Bid Item. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 2. CI 39 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 3. C150 - Specification for Portland Cement. 4. C443 - Specification for Joints for concrete Pipe and Manholes, Using Rubber Gaskets. 5. C478 - Specification for Precast Reinforced Concrete Manhole Sections. b. C 923 - Specification for Resilient connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals. 1.04 SITE CONDITIONS A. Manhole locations are shown on the Drawings in a general way. Contractor should anticipate minor variations in both horizontal and vertical directions in locating existing system. SANITARY UTILITY SEWER STRUCTURES 0 2015 Stantec 1 193802810 333900-1 1.05 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Gaskets. 2. Joint sealants. 3. Manufacturers recommended installation procedures for jointing. 4. Plastic liner materials. B. Submit shop drawings for the following items consistent with Section 01 33 00: i. Manholes, including reinforcing, joints, pipe connections, and castings. 2. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: a. Plans and elevations locating and defining all material furnished by manufacturers. b. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. C. Submit Manufacturer's Certificate of Compliance for the following items consistent with Section 01 33 00: 1. Castings. 2. Precast maintenance hole sections and steps. 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. 1.06 QUALITY ASSURANCE A. The quality of all materials, the process of manufacture, and the finished sections shall be subject to inspection and approval by the Engineer or other representative of the Owner. Such inspection may be made at the place of manufacture or on the Work after delivery, or at both places and the materials shall be subject to rejection at any time on account of failure to meet any of the requirements specified herein. Material rejected after delivery to the Site shall be marked for identification and shall be removed from the Site at once. All materials which have been damaged after delivery will be rejected and if already installed shall be removed and replaced entirely at the Contractor's expense. B. At the time of inspection, the materials will be carefully examined for compliance with the appropriate ASTM Standard and this Section and with the approved manufacturer's drawings. All precast manhole sections shall be inspected for general appearance, dimension, "scratch -strength;' blisters, cracks, roughness, soundness, etc. The surface shall be dense and close -textured. C. Imperfections in precast manhole sections may be repaired, subject to the approval of the Engineer, after demonstration by the manufacturer that strong and permanent repairs result. Repairs shall be carefully inspected before final approval. Cement mortar used for repairs shall have a minimum compressive strength of 4,000 psi at 7 days and 5,000 psi at 28 days when tested in 3 inch by 6 inch cylinders stored in the standard manner. Epoxy mortar may be utilized for repairs subject to the approval of the Engineer. SANITARY UTILITY SEWER STRUCTURES 0 2015 Stantec 1 193802810 333900-2 D. Manhole Design 1. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. 2. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. 3. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. PART 2 PRODUCTS 2.01 COMPONENTS A. Manholes 1. Precast concrete sections conforming to ASTM C478 and this Section. No lift holes permitted. a. All sections shall be cured by an approved method and shall not be shipped nor subjected to loading until the concrete compressive strength has attained 3,000 psi and not before 5 days after fabrication and/or repair, whichever is longer. b. The date of manufacture and the name and trademark of the manufacture shall be clearly marked on the inside of each precast section. 2. Joints: Rubber gasketed joint forming a watertight seal conforming to ASTM C443. 3. Water Tight Pipe Connections a. Conform to ASTM C923 for connections between maintenance hole structures and pipes 1) Positive Mechanical Seal a) Required for 24 inches diameter and smaller pipe. b) Kor-N-Seal , PSX, or equal. 2) Integrally Cast Gasket a) Greater than 24 inches diameter pipe. b) A -Lok X -Cel, or equal. b. As shown on the Drawings. B. Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. C. Structure Bases 1. Pre -cast integral with bottom section of manhole for all structures 8 foot inside diameter and smaller. All structures supplied smaller than 8 foot inside diameter shall also have pre -cast inverts installed. 2. Outside Drop: Manhole bottom section to be pre -cast as monolithic base containing lower DIP elbow for drop, as shown on the Drawings. DIP shall conform to Section 3331 00. D. Castings: See Section 33 05 17. SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193802810 333900-3 2.02 ACCESSORIES A. Joint Sealers 1. Sealer between upper precast section and casting frame and between all precast sections. a. Thickness: 1 inch wide by 3/8 inch thick (minimum). b. High quality, non -hardening, butyl rubber, 98 -percent solids that will not harden, shrink or oxidize. c. Ram-Nek, or approved equal. B. Mortar 1. Grout a. Cement and fine aggregate as specified for concrete. b. Mix Proportion: 1 -part Portland cement, 2 -parts sand, by weight. c. Water/Cement Ratio: 0.50 +/- 0.05. d. Non - Setting by prolonged mixing. e. Mix 10 minutes in a power mixer. f. Slump: 6 inches +/- 1 inch. 2. Non -Shrink Grout- Minimum compressive strength of 3,000 psi. C. Adjusting Rings: Conform to Section 33 05 17. PART 3 EXECUTION 3.01 TRANSPORTATION A. Transport precast units by rail or truck in a manner to avoid excessive stress or strain on units. B. Support units during hauling and stockpiling with sufficient hardwood shores to prevent cracking and spelling. Secure units in place to prevent shifting or undesired movements. Location of temporary supports shall be as directed by precast manufacturer. 3.02 MANHOLE INSTALLATION A. Excavation and Preparation of Trench: Conform to Section 33 05 05. B. Place pre -cast integral base section on compacted subgrode and bedding for structures 6 feet diameter and smaller. Pre -cast base slabs may be installed independently of the structure for those greater then 6 feet. C. Set pre -cast concrete sections plumb with a 1/4 inch maximum out of plumb tolerance allowed. Seal all joints of pre -cast sections with a combination a rubber o -ring set in a recess and a Ram-Nek preformed joint sealer in sufficient quantity to fill 75 percent of the joint depth. D. Repair the inside of any leaking joint by chemical injection or other approved material to the satisfaction of the Engineer. E. Casting Adjustment 1. Conform to Section 33 05 17. 2. Seal joint at the casting frame seat with 2 rows of joint sealer. SANITARY UTILITY SEWER STRUCTURES © 2015 Stantec 1 193802810 333900-4 F. Steps 1. Set the centerline of each step within each maintenance hole to be within 2 inches of the vertical centerline for the group of steps. 2. Offset step centerline from pipe and drop openings. 3. Install top step at a maximum of 20 inches below top of casting. G. Prevent entrance of dirt and debris from all new and existing manholes. H. Drop manhole inlets shall be constructed in accordance with the details shown on the Drawings. 3.03 FIELD QUALITY CONTROL A. Complete manhole leak testing and televise in accordance to Section 33 08 30. 3.04 CLEANING A. All new manholes shall be thoroughly cleaned of all silt, debris, and foreign matter of any kind prior to final inspection. END OF SECTION SANITARY UTILITY SEWER STRUCTURES 0 2015 Sfantec 1 193802810 333900-5 Manh6e/Catch Basin Field Elevation Report 0 Stantec Project: Date: Owner: Contractor: Stantec's Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to complete this form before payment of structure is approved. Structure Location Structure Type Design Invert (from As_ Constructed Difference Comments / Quality Structure Structure Direction of Street Name No. Station invert/flow or Easement (circle one) Plan) Invert ` ( + / - ( Assurance Location Elevation 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 foot. 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 31 23 00 - Excavation and Fill. 2. Section 32 11 23 - Aggregate Base Courses. 3. Section 32 16 13 - Concrete Curbs and Gutters. 4. Section 33 05 05 - Trenching and Backfilling. 5. Section 33 05 17 - Adjust Miscellaneous Structures. 6. Section 33 46 00 - Subdrainage. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for 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 paid 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 Construct Drainage Structure Des Spec. X'. Measurement will be based on units of each, according to type and size for, for furnishing and installing structures complete, including casting frame and cover, and adjusting rings in place as specified. 3. A Bid Item has been provided for 30" RC Pipe Apron. Measurement will be based on units of each size installed at locations indicated in the Drawings complete in place as specified, including trash guard, excavation, backfilling, and compaction. a. Where a sewer line is terminated with a flared end section, tying the last 3 joints as specified is considered incidental to the installation of the pipe. 4. A Bid Item has been provided for Random Rip Rap Class IV. Measurement will be based on units of cubic yards of Rip Rap placed according to class. Payment shall include placement of geotextile fabric. 5. A Bid Item has been provided for Connect to Existing Storm Sewer. Measurement shall be per each connection made, regardless of type of existing bulkhead or plug, or type of connection made. Payment will include all costs related to making the connection, including removal and disposal of the existing bulkhead or plug, and construction of concrete collar if necessary. 6. A Bid Item has been provided for Connect to Existing Structure. 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. STORM DRAINAGE © 2015 Stontec 1 193802810 3IE 0 00 7. A Bid Item has been provided for Connect to Drainage Structure. Measurement shall be per each connection made. Saw cutting of the pipe installed in the opening if necessary shall be considered incidental. Core cutting the connection shall also be considered incidental to the connection. 8. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. A760 - Specification for Corrugated Steel Pipe, Metallic - Coated for Sewers and Drains. 5. C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 6. C139 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 7. C 150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 9. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Concrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 12. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 13. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC) Compounds. 14. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 15. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 16. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 17. F794 - Specification for Poly (Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter. 18. F894 - Specification for Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 3226 - Corrugated Steel Pipe. 2. 3351 - Sheet Steel Products. 3. 2511 - Rip Rap. 4. 3601 - Rip Rap Materials. 5. 3733 - Geotextiles. 6. 2461 - Structural Concrete. C. American Association of State Highway and Transportation Officials "Standard Specifications for Highway Bridges," 1992 Edition (AASHTO). STORM DRAINAGE UTILITIES © 2015 Stantec 1 193802810 334000-2 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work -causing shut off of utility service (gas, water, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut-off schedule. B. Successfully complete required inspections and tests before commencement of Section 32 11 23 and Section 32 16 13. 1.05 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. 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 the following for all round structures that are 6' in diameter or larger and for all rectangular structures that have an inside dimension of 5.5' or greater: 1. All dead, live (including vehicle, soil, and hydrostatic loading), and other applicable loads. 2. Design calculations for all members and connections. D. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast manhole sections. E. 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. STORM DRAINAGE UTILITIES 0 2015 Stantec 1 193802810 334000-3 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Covers, or lids, will be provided by the Owner. Lids can be obtained from New Hope Public Works. D. Weight: Minimum of 380 lbs. 2.03 STORM MANHOLES AND CATCH BASINS A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Segmental Manhole Blocks: Blocks conform to ASTM C139. Segmental block may be used for the lower portion of structures over large pipe only when approved by the Engineer. D. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. E. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 MANHOLE DESIGN: A. It is the Contractor's responsibility to have the manhole sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole design, who is registered in the Project's State. The design of the manhole shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. C. The design of the manhole base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. D. The design computations and the plans shall be certified by the Engineer and submitted to the Owner and the Engineer -of -Record for their permanent record. The design shall be per the most current ACI 318, AASHTO, and the MnDOT Standard Specifications for Construction, except as noted. E. All shop drawings shall clearly identify the name of the responsible engineering firm and the name of the person certifying the plan. Each drawing shall be certified. 2.05 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings 1. General Requirement: ASTM C76, Wall B with circular reinforcing. STORM DRAINAGE UTILITIES 0 2015 Stantec 1 193802810 334000-4 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. 2.06 TRASH GUARDS A. General Requirement: ASTM A153. B. Materials: Galvanized steel rods meeting the requirements in ASTM A153. C. Bar size and configuration as shown on the Drawings. D. Securely attached to end section. 2.07 RIP RAP A. General Requirement: Conform to MnDOT Spec. 2511 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Conform to MnDOT Spec. 3601.B. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to Mn DOT Spec. 2461. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. B. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction of the new storm sewer. All Work and costs for by-pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Connect to Drainage Structure I . Connect existing pipes to new structures 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. B. 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. STORM DRAINAGE UTILITIES © 2015 Stantec 1 193802810 334000-5 C. Connect to Existing Storm Sewer 1. Connect 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. D. 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: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. E. 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. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. 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. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. 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. STORM DRAINAGE UTILITIES © 2015 Stantec 1 193802810 334000-6 b. Secure and neatly mortar in place 15 inches on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. 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. 10. Lift holes neatly mortared up. 11. Install Adjustment Rings and Adjust Casting: Conforming to Section 33 05 17. F. Rip Rap 1. General: Conform to Mn DOT Spec. 2511. G. Bulkhead Pipe 1. Bulkhead pipe at locations shown on Drawings with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick. 2. Precast concrete plugs may be used in lieu of bulkhead. Plug must fit snugly into pipe opening and be watertight. 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 lamping 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. 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. STORM DRAINAGE UTILITIES © 2015 Stantec 1 193802810 334000-7 d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device.. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. E. Establish erosion control measures as per Section 01 57 13. END OF SECTION STORM DRAINAGE UTILITIES © 2015 Stantec 1 193802810 334000-8 Manhole/Catch Basin Field Elevation Report (3 Stantec Project: Date: Owner: Contractor: Stantec Resident Project Representative : Contractor's Representative: Stantec Project No: Owner Project No: Contractor is required to complete this form before payment of structure is approved. Structure Location As - Structure Design Constructed Difference Street Name Structure Structure Direction of or Easement Type Invert Invert (+ / - ( Comments / Quality No. Station invert/flow Location (circle (from Elevation * Assurance one) Plan MH CB Apron MH CB Apron MH CB Apron MH CB Apron MH 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 SECTION 33 46 00 SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer service and drain tile. B. Related Sections 1. Section 33 05 05 -Trenching and Backfilling. 2. Section 33 40 00 - Storm Drainage Utilities. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 4" Perf PVC Pipe Drain. Measurement will be by linear feet of pipe along its axis with no regard to intervening fittings for each size and type of pipe. Payment shall include pipe, sock, aggregate, and fittings and connection to structure. 2. A Bid Item has been provided for Connect to Drainage Structure. Measurement will be per each. Payment will include all costs related to core drilling a hole in the storm sewer structure, making the connection, and patching as specified. 3. Supplying and installing required markers at service ends shall be considered incidental to the service installation. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM) 1. D1784 - Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (PVC) Compounds. 2. D3034 - Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and Fittings. 3. D3212 - Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. 4. D3350 - Specification for Polyethylene Plastics Pipe and Fittings Materials. 5. F405 - Specification for Corrugated Polyethylene (PE) Pipe and Fittings. b. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. B. American Association of State Highway and Transportation Officials (AASHTO) 1. AASHTO M252 - Corrugated Polyethylene Drainage Tubing, C. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 3733 - Geotextiles. SUBDRAINAGE © 2015 Stantec 1 193802810 334600-1 1.04 SEQUENCING AND SCHEDULING A. Install sanitary sewer, water main, storm sewer, and all pipe deeper than the services prior to the installation of the services. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. PSM Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 1. General: Pipe and fittings shall be made of compounds conforming to ASTM D1784 in accordance with the material requirements of ASTM D3034. 2. Design: Integral bell gasketed joint and a minimum wall thickness conforming to SDR 26. 3. Joints: Elastomeric gasket joints providing a water -tight seal conforming to ASTM D3212 or ASTM F477. 4. Perforations: Circular on 3-1/4 inches by 6-1/4 inches centers. Hole size maximum of 3/8 inch and a minimum of 3/16 inch, arranged in 4 rows along the full length of the pipe. PART 3 EXECUTION 3.01 GENERAL A. The location and alignment of the subsurface drains and outlets are shown in a general manner on the Drawings. Exact location and alignment to be determined by the Engineer. 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations and elevations determined by Engineer or as shown on the Drawings. C. Pipe Bedding: Filter aggregate. D. Grade: Unless otherwise specified or shown on the Drawings, the grade of pipes shall not be flatter than 1 in 250. E. Plug upstream end of the drain pipe. F. Sections of the drain pipe shall be firmly joined. G. If perforated drain pipe is used, the pipe shall be placed so that the perforations are in the position indicated on the Drawings or designated by the Engineer. H. Connections: Connect to hole provided in precast structure. Seal joint with mortar. Core drill connection to structure where precast hole is not provided. I. Compaction: Conform to Section 33 05 05. J. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. SUBDRAINAGE © 2015 Stantec 1 193802810 334600-2 3.03 FIELD QUALITY CONTROL A. Do not backfill trench until the pipe has been inspected and approved by the Engineer. END OF SECTION © 2015 Stantec 193802810 SUBDRAINAGE 46 00 - 3 I 334600-3 This Page Left Blank Intentionally SECTION 34 41 05 TRAFFIC SIGNS AND DEVICES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Signs, signposts, and hardware. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item is provided for Sign Panels Type C. All new signs shall be measured in accordance with MnDOT Spec. 2564.4G. Payment for all sign installation shall be at the Bid Unit Price per unit of measure of square feet and shall include all materials, equipment, and labor necessary to install each sign and post(s) at the staked location. 2. There will be no extra compensation for posts, regardless of length or required configuration. There shall be no extra compensation for post installations in bituminous or concrete surfaces. 3. A Bid Item is provided for Install Sign Special: per each. Install salvaged Street Name signs. Payment shall include installation of new anchor post. 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2564 - Traffic Signs and Devices. 2. 3352 -Signs, Delineators, and Markers. 3. 3401 - Flanged Channel Sign Posts. B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material 1. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of MnDOT Spec. 3352.2A2e "Sign Sheeting Type IX." 2. Sign Legend Material for Signs: "Direct Applied" conforming to the requirements of MnDOT Spec. 3352.2A5. B. Square Sign Posts 1. All sign posts shall be from Telespar or approved equal: TRAFFIC SIGNS AND DEVICES 0 2015 Sfantec 1 193802810 3441 055- 1 a. Bottom Section: 2" Square, 12 gauge, non -perforated, black, with Omni -anchor or approved equal. b. Top Section: 1-3/4" Square, 14 gauge, non -perforated, black. 2. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. The bottom section shall be a minimum 30" in length. 3. Attached bottom section to top section with corner bolt. 4. The appropriate length of the upper post shall be determined by the Contractor to meet the construction requirements of the above stated references and herein at each specific location staked by the Engineer. The lower post shall be 6 to 7 feet in length. PART 3 EXECUTION 3.01 GENERAL A. Unless otherwise noted or modified herein, all sections of MnDOT Spec. 2564, all sections of MnDOT's Standard Signs Manual, and Chapter 6 of MMUTCD shall apply. B. The fabrication of all signs and devices shall conform to MnDOT Spec. 2564 and the latest edition of the MMUTCD and the MnDOT Standard Signs Manual. C. The sign number designation indicated on the Drawings shall comply with applicable requirements of MMUTCD and MnDOT Standard Signs Manual. 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. The final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located prior to installing all signposts. Provide Engineer 48-hour notice prior to sign installations to allow for adequate staking time. B. Fabricate, hole -punch, and mount sign panels in accordance with the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with the month and year using a thick permanent black marker pen or furnish and install inventory/I.D. stickers approved by the Owner. C. Install nylon washers between the bolt and the sign face (sheeting). Do not over tighten bolts to the point where the sign sheeting separates from the sign backing, which would be cause for rejection and replacement at no additional cost to the Contract. The nylon washers used to protect to sign face shall be 1/32 inch thick, have a maximum inside diameter of 3/8 inch, and outside diameter of 7/8 inch. There shall also be a stainless steel washer between the nylon washer and the bolt head. D. The bottom section of each signpost shall be mounted into the ground to a minimum depth of 3-1/2 feet. The lower section of post shall be at least 30 inches above the ground to allow for a 12 -inch splice and a minimum clearance of 18 inches from the ground to the bottom of the top section of post. The splice of the upper and lower section posts shall be made with 2-5/16 inch stainless steel bolts with nylon insert lock nuts placed in the top and bottom holes of the overlap splice. Where 2 or more single past signs are mounted side by side, they shall be reinforced laterally by at least 2 post sections, bolted at each past, and located approximately at the quarter points. TRAFFIC SIGNS AND DEVICES © 2015 Stantec 1 193802810 3441 055-2 E. Square posts shall be installed per manufacturer's recommendations and details in the Drawings. A single curved corner bolt shall be provided and installed between the bottom anchor post and top section. F. Contractor should plan for sign placements in hard surfaced areas prior to any new concrete and/or bituminous paving and provide "box -outs" for each sign in such a location. The "box -out" must be a 6 inch diameter round section of PVC pipe or a 6 -inch core cut hole. With either option, the box -out must be to a depth which encroaches the underlying soils. G. Sign panels shall be located relative to concrete curb per Figure 6.3 of the MnDOT Traffic Engineering Manual: 1. Lowest point of any sign panel shall be 7 feet above finished grade at the point of installation. 2. Edge of sign panel shall be no closer than 2 feet from the face of curb. H. The Contractor shall install MnDOT approved/furnished warning stickers on all new Type C sign panels. END OF SECTION TRAFFIC SIGNS AND DEVICES © 2015 Stantec 1 193802810 3441 055-3 This Page Left Blank Intentionally