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HomeMy WebLinkAboutProject Manual for 2007 Trail & Parking Lot Improvements CONTRACT DOCUMENTS I CITY OF OAK PARK HEIGHTS I I I I I I I Project Manual For 2007 Trail and Parking Lot Improvements City of Oak Park Heights, Minnesota March 2007 Project Number: 000055-07146-0 CONTRACT DOCUMENTS Bonestroo _ .J yp uwa'vp9vauoq'xxx LDOL CN)ILLS3NpB® 1 JfV,7'" ix W ( u..e TTET-9E9-T59:xed OO.ILSauOB ' 133HS 31111 _ -f 0096-9E9-SS9:auayd q ETTSS NW'PM'IS ��r S1N3W3A0adW1 101 0141)1NVd 78 1IV81 L00Z rm .a..ew-ra""oaa°1Mo''l r 9E A..4,1H 1./N SEE2 1 i e»11O Pled•1s S1HJI3H >1dVd >lVO 0 . Q I- 0 W Z Z _J o er III 0°PAO 1-1 M 1 000 Z Z fx 1 0[� u_ Y w W Mil 11°6-I' is-,-.01:. e� p.1 �� eY e aa°• U I H I O CL / Z I--r�'..�ueno �.�..� �/ U jpi ivvin.ilu'1 W• a. ro° P we I Q S�. 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CUSS NW'm•a Is S1N3W3A0ad 4I 101 0NDiaVd V8 ]IVN1 LOOZ cp xr IMMO WO...iwX:51/0xaaa3saoniyw r m iI I u axv 9E A¢M401H]saM 5f E2 "°�'4 ,N I„ „V°A/ 03wo ma S S1H913H N2dVd )i` O U W /.21113 Mad. 2 2 €g g 2g 4 �t 84 121 /60 11v Z k e g ,I K o L s z• 11 LI 1u' . N W 8 CO w$ O 1W 1 6 1 o ' - W f Z cft 4 F W 2 g 3 z w 5 U CC U.1 U 8 W [C N O / U §E w E.I. aA O Z .zb F o a� E Ei U 556" Cillin' W 1 w9 w4 0 0 E ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID RJ DATE(MM/DD/YY1'Y PRODUCER LAKEENT 04/12/0' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJF Agencies, Inc. Eau Claire HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 415 E. Lake Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI Eau Claire WI 54701-3734 Phone: 715-833-7000 Fax:715-552-3658 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A Arch Insurance Company INSURER B Continental Casualty Co Tower Asphalt Inc INSURER C 15001 Hudson Rd PO Box 15001 INSURER 0 MN I 55043 INSURER E COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MM/DDIW) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,0 0 0,0 0 A X COMMERCIAL GENERAL LIABILITY ZAGLB9029800 10/01/06 10/01/07 PREMISES(Ea c u ence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,00( X EE Benefit GENERAL AGGREGATE $2,0 0 0,0 0( GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,00( POLICY PRO- JECT LOC Emp Ben. 1,000,00( AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 0 A X ANY AUTO ZACAT9026800 10/01/06 10/01/07 (Ea accident) r 0( ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY -�---- AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 8,000,00( B X OCCUR CLAIMS MADE L2076462412 10/01/06 10/01/07 AGGREGATE $ 8,000,00( DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY 01 LIMITS ER A EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ZAWCI9073100 10/01/06 10/01/07 El.EACH ACCIDENT $ 1,000,00( OFFICER/MEMBER EXCLUDED? If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,0 0 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00( OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS Project No. 000055-07146-0 2007 Trail & Parking Lot Improvements Project City of Oak Park Heights MN and Bonestroo & Associates, engineer, included as additional insured as required by contract. Coverage provided is primary and non contributory. CERTIFICATE HOLDER CANCELLATION COAKPAR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT City of Oak Park Heights NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHt Attn: Eric Johnson PO Box 2007 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Oak Park Heights MN 55082 REPRESENTATIVES. AUTHORIZED REPRE�4(L af f1Rf1 9S l9f1A1ff1f21 a Al flRll rrIRPCIP TIf11 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. OrnRn 9Fi Mnniinal I DOCUMENT 00005 IPROFESSIONAL CERTIFICATION I I hereby certify that this report, drawing, or 1 specification was prepared by me or under my direct supervision and that I am a duly I Licensed Engineer under the laws of the State o Minnesota. K. en S. Erickson, P.E. IDate: February 27, 2007 Reg. No. 25428 iI hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the IState of Minnesota. iJo n P. Carlson, P.E. Date: February 27, 2007 Reg. No. 24001 W END OF DOCUMENT I 0 1 I I 000055-07146-0 ©2007 Bonestroo PROFESSIONALCERTIFICA1ION I 1 DOCUMENT 00010 TABLE OF CONTENTS 2007 TRAIL AND PARKING LOT IMPROVEMENTS FILE NO. 000055-07146-0 OAK PARK HEIGHTS, MINNESOTA 2007 Introductory Information 00005 Professional Certification 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C-700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1 - General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements 1 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements I I 000055-07146-0 00010-1 ©2007 Bonestroo TABLE OF CONTENTS I Specifications Continued... Division 2 - Site Construction 02225 Removals 02230 Site Clearing 02315 Excavation and Fill 02320 Trench Excavation and Backfill 02630 Storm Drainage 02720 Aggregate Base Course 02741 Plant Mixed Asphalt Pavement 02766 Pavement Markings 02770 Concrete Curb and Gutter 02775 Concrete Walks, Medians, and Driveways 02891 Post Mounted Traffic Signs 02920 Lawns and Grasses Division 16 - Electrical 16050 Basic Electrical Materials and Methods END OF DOCUMENT I I 000055-07146-0 00010-2 ©2007 Bonestroo TABLE OF CONTENTS I DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of Oak Park Heights, Minnesota, in the City Hall at 14168 Oak Park Boulevard, until 10:00 A.M., C.D.S.T., Thursday, March 22, 2007, at which time they will be publicly opened and read aloud for the furnishing 1 of all labor, materials, and all else necessary for the following: 2007 Trail and Parking Lot Improvements In general, work consists of the following approximate quantities: 370 TN Granular Borrow 1310 TN Class 5 Aggregate Base 410 TN Bituminous Mixtures 36 LF 12 Inch RCP Storm Sewer 365 LF Concrete Curb and Gutter Together with removals, subgrade excavation, catch basin, seeding, and other related appurtenances. Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636-4600 upon payment of a non-refundable fee of $45.00. Bidding Documents may be seen at the office of the City of Oak Park Heights and at the Issuing Office. Bidding Documents can also be purchased with a credit card over the Internet at www.bonestroo.com. 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. Eric Johnson, City Administrator City of Oak Park Heights, Minnesota 000055-07146-0 ©2007 Bonestroo ADVERTISEMENT FOR BIDS wo7•oo,;ssu°q•MMM 1OOZ OOUIS3NOS0 I o m �- sal-to-1111 'ON'road ezrsz 'ON•� 900Z 'CZ 1^�q1!31V0 133HS 31111 LOU e34 Bova ;1v (p' ya.7.� 3 norms TT£T-9£9-TS9:xeJ 004Sau08 5 ; asN 03AONddV `/ 0094-9E9-159:au°yd /// ETT55 NW'Ined 115 S1N3W3AO JdWI 101 ONIN21Vd �8 -11V81 LOOZ ` 8 NOSNOItl3'S N32NN '3NV"1"�tld O • LIMO 03NOIS30 y1053NN1Y !O 31V1S 3111 30 SMVI 3111 LOON° 9E AeMy61H asaM SEEZ ONY PON NMWO 31SN 0 A 8 N N051AN3dOL73tl0Afl?INNS SO 3N AS 03NVd3d WM 11^31 plied •45 - S1H013H >18Vd >NO A3ANOS J.Od3N NO'NOLLVOIl133d5'N'Old SIHl 1VH1 AfUN33 Ae3N3H I F- 0 ,�1.. 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L__.__....._+..._.__...._.;..__........._ L___...---L.._.___._...._..._.._.._I o to o N o I ...........I p '� n In I, ID ID N N On to to try Y°)1 N CO In CO 0 10 I°0 1 n to 100 1a I°0 1 10 N 11 H 1 N m N 1°n 1 01 m m rn m m a a CD 01 m m 01 m m 01 m m 01 m 01 m 01 a 01 01 01 01 • • I 11 DOCUMENT 00200 IINSTRUCTIONS TO BIDDERS IARTICLE 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: IA. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. 1 ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. I 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. I2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only 9 9 co P for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS i3.01 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 Isuch other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or 4 covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. IARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 1 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: I1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. i 000055-07146-0 00200-1 I ©2007 Bonestroo INSTRUCTIONS TO BIDDERS I 9 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. I 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 I 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 those reports and drawings relating to a Hazardous I, Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by 1 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. I 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible I changes in the Bidding Documents due to differing or unanticipated 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 a - Drawings or Specifications, or identified in the Contract Documents to be within the scope of the ill Work appear in Paragraph 4.06 of the General Conditions. II 000055-07146-0 00200-2 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS I i 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 II 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 Inature 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 I than portions thereof related to price)for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: I A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; I B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site Iconditions 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 IRegulations 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 Icontiguous 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 the Supplementary Conditions as provided in Paragraph 4.02 of the IGeneral Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in 1 Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning I 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 I by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, 1 and programs incident thereto; 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 I 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 000055-07146-0 00200-3 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS I 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. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; promptly give Engineer ive ineer written notice of all conflicts, errors, ambiguities, or discrepancies that I g Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and 1, determine that the Bidding Documents onditionts for the generally performance sufficient the Work. and convey understanding of all terms and conditions p 1 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 in Documents are generally sufficient to indicate and convey understanding of all terms and Bidding 9 conditions for performing and furnishing the Work. ARTICLE 5 - PRE-BID CONFERENCE 5.01 There will be no pre-Bid conference. ARTICLE 6—SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Ques tions 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. 000055-07146-0 00200-4 INSTRUCTIONS TO BIDDERS ©2007 Bonestroo I II 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Y fY, 9 9 Owner or Engineer. I ARTICLE 8 - BID SECURITY I8.01 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 or 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 I Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. 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 Ithe Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. k8.03 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. IARTICLE 9 - CONTRACT TIMES I 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. IIARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. IARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS I. 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 I 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. IARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS II 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 I 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 000055-07146-0 00200-5 11 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS I 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 I 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 fit 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. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each 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 below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by partner(whose title 9 Y a p must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. I 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 below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. I 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 below the signature. 000055-07146-0 00200-6 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS L I13.08 All names shall be typed or 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 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business tY q ess in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. 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 Ithe Bid Form. 13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form. Bidders shall Iclearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each Substitute Item proposed. 1 13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of Ithe Work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 1 14.01 Bid Unit Price With Alternates IA. Bidders shall submit a Bid on a Bid Unit Price 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 I provided for in the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the Owner may choose not to accept any IAlternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of 1 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. I 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. IDiscrepancies between words and figures will be resolved in favor of the words. 000055-07146-0 00200-7 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be i the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked 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 I documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. I ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the 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. I ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. I 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. I ARTICLE 19—EVALUATION OF BIDS AND AWARD OF CONTRACT I 000055-07146-0 00200-8 INSTRUCTIONS TO BIDDERS ©2007 Bonestroo I 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid or 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 1 Bid for the same Work from an individual dividual 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 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid 1 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, other individuals, or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 1 19.06 Owner may conduct such investigations as Owner deems necessary to establish the e responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform 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 award 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 1 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. 000055-07146-0 00200-9 ©2007 Bonestroo INSTRUCTIONS TO BIDDERS ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT I a I I I I I I I I 000055-07146-0 00200-10 INSTRUCTIONS TO BIDDERS ©2007 Bonestroo I DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible p ble 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 historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT I I I I I r I i 000055-07146-0 CO 2007 Bonestroo INFORMATION AVAILABLE TO BIDDERS 1 DOCUMENT 00800 ' SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or Conditions of the Construction Contract (No. CI 700, 2002 Edition) ra 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 1 Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ' ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 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.A Amend the first sentence of Paragraph word "ten" and inserting the word "five." g aph 2.02.A by striking out the ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS i S _ C 4.02 Delete 4.02.A and 4.02.B in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner or Engineer. 1 1 000055-07146-0 m 2007 Bonestroo 00800-1 SUPPLEMENTARY CONDITIONS 1 ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the e followin new paragraph immediately after Paragraph ' 5.01 .C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner. 1 SC-5.03.B Delete Paragraph 5.03.B in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evid ence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily not be deemed as adequate to limitation on Contractor and such coverage and limits shall Owner in the Contract , Contractor's liability under the indemnities granted to Ow Documents. 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 Regulations: not less ns: than the g amounts or greater where required by Laws 9 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee Commercial General Liability ' 2. Comme re $1,000,000 General Aggregate Operations $1,000,000 Products/Completed 111 Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury ' 1 000055-07146-0 SUPPLEMENTARY CONDITIONS 1 m 2007 Bonestroo 00800-2 1 3. Comprehensive Automobile Liability ' $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non-owned, and hired vehicles. ' 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate 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. 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: ' Owner. • 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 e 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 I insureds as their interest may appear and adjust the loss with the insurance company. ISC-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. 000055-07146-0 0 2007 Bonestroo 00800-3 SUPPLEMENTARY CONDITIONS ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraph immediately after II Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible , to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the I 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. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words Division 1 - General Requirements." SC-6.19.A Delete the words "representation of" in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ' SC-10.05.8 Amend the first sentence of Paragraph 10.05.8 by replacing the I words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE ' OF DEFECTIVE WORK I SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the word "two years." ' ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.B5 Add the following win new item immediately after Item 14.02.B5d: I e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. 000055-07146-0 2007 Bonestroo 00800-4 SUPPLEMENTARY CONDITIONS ' ® 1 ARTICLE 16 - DISPUTE RESOLUTION ' SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: g ' C. If the claim is not resolved by mediation, Engineer's s action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.03 or 10.05.D shall ' become final and binding 30 days affer 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 1 2. agrees with the other party to submit the claim to another dispute resolution process. I SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: ' SC-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.B, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. ' B. The demand for arbitration will be filed in writing with g 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 I other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based ' on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. 1 000055-07146-0 ' m 2007 Bonestroo 00800-5 SUPPLEMENTARY CONDITIONS 1 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 I 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 DOCUMENT 1 1 1 000055-07146-0 SUPPLEMENTARY CONDITIONS C 2007 Bonestroo 00800-6 I SECTION 01100 11 SUMMARY PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2007 Trail and Parking Lot Improvements for the City of Oak Park Heights, Minnesota. 1 B. Description of Work: This work consists of the construction of bituminous trail, bituminous parking lot, and concrete curb and gutter. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1 1 . Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be discussed at the pre-construction meeting. All items shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. I 000055-07146-0 01100-1 ©2007 Bonestroo SUMMARY I 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. i B. Working Hours: 1. Construction Activity can be conducted between the hours of 7 A.M. and 7 P.M., Monday - Saturday. This includes the start up of any equipment. I 2. No work can be conducted on the following holidays: a. Labor Day. C. Access to Site: I 1 . Autumn Hills Park: Access to Site shall be from the park shelter parking lot along Norwich Parkway. 2. Swager Park Trail and Parking Lot: Access to Site shall be from Olene Avenue North. 3. Linear Park Trail: Access to Site shall be from 58th Street North. 1 4. Oakgreen Avenue North Trail: Access to Site shall be from 56th Street North. 5. Oakgreen Avenue North Trail (Alternate 1): Access to Site shall be from 55th Street North. D. Other Work at Site: 1 . Autumn Hills Park: The construction of bituminous trails cannot begin until the park shelter construction is complete. I PART 2 PRODUCTS I Not Used. I 000055-07146-0 01100-2 ©2007 Bonestroo SUMMARY I PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I I I I I I I I 000055-07146-0 01100-3 ©2007 Bonestroo SUMMARY I SECTION 01200 PRICE AND PAYMENT PROCEDURES 1 PART 1 GENERAL 1 .01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may accepted be p d by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. C. Alternate No. 1 - Oakgreen Avenue North Trail (between 55th Street North and 56th Street North) -Add to TOTAL BASE BID: 1. In general the Work of this Alternate No. 1 consists of the removal of existing storm sewer and the construction of bituminous trail and storm sewer. ID. Alternate No. 2 - Electrical Plan (Pole Mounted - ( ed Fixture Type A): 1. In general the Work of this Alternate No. 2 consists of all costs to provide lighting to the Swager Park Parking Lot. E. Alternate No. 3 - Electrical Plan (Pole Mounted Fixture - Type B): 1. In general the Work of this Alternate No. 3 consists of all costs to provide lighting to Swager Park Parking Lot. F. If the Owner elects lighting for Swager Parking Lot either Alternate No. 2 or Alternate No. 3 will be chosen, but not both. 000055-07146-0 ©2007 Bonestroo 01 200-1 PRICE AND PAYMENT PROCEDURES I 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. I 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 01330. PART 2 PRODUCTS Not Used :I PART 3 EXECUTION 3 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION . 000055-07146-0 01200-2 PRICE AND PAYMENT PROCEDURES ©2007 Bonestroo I 1 SECTION 01310 1 PROJECT MANAGEMENT AND COORDINATION IPART 1 GENERAL III1 .01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 PROJECT COORDINATION IA. All Work shall be coordinated with the Engineer and Public Works. The Public Works Director and staff are located at the Oak Park Height City I Hall at 14168 Oak Park Boulevard. Their telephone number is 651-439-4439. Regular office hours are 7:00 A.M. to 3:30 P.M. I B. Contractor is responsible for coordinating the Work of the Contract and the work of others relating to the Project. Contractor shall work with others to cause the efficient and timely completion of the Work. These responsibilities include among others the following: 1. Coordinate activities of all subcontractors. 2. Inform emergency services (Police, Fire) and Post Office of traffic situation as appropriate to Project circumstances. 3. Inform City Public Works Department of Project schedule and upcoming activities that will affect their operation. 4. Inform non-municipal utilities (gas, telephone, electric, etc) of Project schedule to allow for planning of any activities they wish to coordinate with the Project. 1 5. Maintain and coordinate access needs of adjacent properties. I1.03 UTILITIES A. Contractor must notify Gopher State One Call before starting Iconstruction in a given area, requesting utility locates in the field: 1 . Engineer has requested information at time of construction document preparation on existing private utilities via design locate request through the Gopher State One Call Program: 000055-07146-0 01310-1 PROJECT MANAGEMENT AND ©2007 Bonestroo COORDINATION I I a. Ticket Number 60005701 was assigned to this request. B. Known Information on Private Utilities: Known information regarding I the private utilities is given below. This is not intended to be a comprehensive list of information on the private utilities, but rather a listing of information known by the Engineer at the time of preparation of these Construction Documents. It is the responsibility of the Contractor to verify the location and depth of all existing private utilities within the Site prior to submitting a Bid: 1 . Buried utilities exist along the existing streets on the perimeter of I/ the Project. C. Project Utility Sources: Coordinate Work with the utility owners. A list of contacts for these is given below: 1 . Water: City of Oak Park Heights, Public Works (651) 439-4439. 2. San ita ry Sewer: City of Oak Park Heights, Public Works i tY (651) 439-4439. 3. Storm Sewer: City of Oak Park Heights, Public Works 11 (651) 439-4439. 4. Electric: Xcel Energy, Sean Walker - (651) 779-3114. 5. Gas: Xcel Energy, Sean Walker- (651) 779-3114. 1 6. Telephone: Qwest, Scott Gresback - (612) 221-5359. 7. ComCast, Brad Greenwaldt - (651) 493-5307. Utility Locations Gopher State One Call 651-454-0002 1 D. City of Oak Park Heights requires 48 hour notice for all utility interruptions. I E. The relocation and/or protection of all existing facilities must be coordinated by the Contractor and any costs for such Work shall be the responsibility of the Contractor. I 000055-07146-0 01310-2 PROJECT MANAGEMENT AND ©2007 Bonestroo COORDINATION V 1 1.04 PERMITS iA. Apply for, obtain, and comply with permits, licenses, and approvals which may be required on the Project. i1 .05 SURVEYING AND CONSTRUCTION OBSERVATION I A. Provide Engineer a minimum of 48 hours notice in advance of the need for establishing lines and grades, measurements, grade checks, and observation of Work. 1 .06 PROJECT MEETINGS IA. 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 and sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to IContractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the Vminutes. 4. The attendance and cooperation of subcontractors and 1 suppliers may be required. B. Preconstruction Conference: 1 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. i2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with this Section. I $ 000055-07146-0 01310-3 PROJECT MANAGEMENT AND I ©2007 Bonestroo COORDINATION I C. Progress Meeting Procedures: g g 1 . Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. 1.07 CONSTRUCTION SCHEDULING �. A. Sequencing and Scheduling: 1. Establish traffic control P rior to start of Work. 1.08 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 Work. 1 . Documentation to substantiate Bid Unit Price W o 2. Updated construction schedule consistent with Section 01310. PART 2 PRODUCTS Not Used PART 3 EXECUTION 3.01 CITY WATER SYSTEM 'I A. Regulations of the Minnesota Department of Health as adopted by the City of Oak Park Heights prohibits the indiscriminate use of the City's water hydrants by persons other than City personnel. 000055-07146-0 01310-4 PROJECT MANAGEMENT AND ©2007 Bonestroo COORDINATION I B. No direct connection will be allowed from a hydrant to a tank truck watering vehicle or hose. Contractor must provide a backflow y� preventer or fill pipe air gap equal to 1-1/2 times the diameter of the fill pipe or hose. C. All containers and testing equipment shall be clean and thoroughly disinfected to eliminate the possibility of contamination of the system. 3.02 TESTS A. Owner shall pay for all required tests: 1 . If any test fails to meet requirements, Contractor shall reimburse Owner for cost of all subsequent tests to ensure compliance. B. Contractor shall notify Engineer of pit and scale location and other correlated items in advance of beginning Work. 3.03 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I 000055-07146-0 01310-5 PROJECT MANAGEMENT AND ©2007 Bonestroo COORDINATION 1 1 SECTION 01400 IQUALITY REQUIREMENTS IIIPART 1 GENERAL 1.01 SECTION INCLUDES A. Quality assurance. 1 1 .02 REFERENCE STANDARDS t A. Whenever reference is made to the Minnesota De artmdnt of T an port tion Specifications, such reference shall mean for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for IIthe Owner. 0 1 .03 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 1.04 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. itC. Owner shall pay for all required tests, except as indicated in the Specifications: Y 1. If any test fails to meet requirements, Contractor shall reimburse Owner for cost of all subsequent tests to ensure compliance. D. Notify Engineer of pit and scale location and other correlated items prior to beginning of Work. III PART 2 PRODUCTS Not Used. I 000055-07146-0 01400-1 QUALITY REQUIREMENTS ®2007 Bonestroo p I PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Pr in the TOTAL BASE BID. o1e�and included END OF SECTION I I I I I I r� 000055-07146-0 ®2007 Bonestroo 01400-2 1 QUALITY REQUIREMENTS I ISECTION 01500 I TEMPORARY FACILITIES AND CONTROLS IPART 1 GENERAL 1 .01 SECTION INCLUDES A. Temporary Tem utilities and miscellaneous temporary facilities required during Iconstruction. 1.02 REFERENCES IA. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). ), I B. The Minnesota Manual on Uniform Traffic Control l Zone eDevices (MMUTa DDst including the Field Manual on Temporary Traffic Cont o Iedition. 1.03 SUBMITTALS 1 A. Submit Traffic Management and Control Plan consistent with Section 01330. Plan shall include the following information: II 1 . Haul and access routes. I2. Traffic control measures. I 3. Permits or applications required by local authorities. 4. Temporary facilities required. I PART 2 PRODUCTS INot Used. 1 PART 3 EXECUTION I3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete I the Work at the Site. TEMPORARY FACTILITIES 000055-07146-0 01500-1 AND CONTROLS ®2007 Bonestroo I B. Temporarily hold or relocate utilities and any miscellaneous structures, such as I signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. See Section 02225. 1 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and c 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 I Engineer. ro B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited. 2. Obtain water for construction from location I hydrant. Obtain a meter and backflow preventor assembly by Owner. Return to Owner at completion. There is no charge for meter use during construction. 3. Owner will pay for the costs of the water. i 3.04 CONSTRUCTION FACILITIES IA. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health for sanitary fixtures and facilities. y alth 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. I 3. Provide and maintain adequate supply of toilet tissue, paper cups, and similar disposable materials appropriate paper towels, p Provide appropriate covered waste containers pfor pused fmaterial. acility. 3.05 TEMPORARY CONSTRUCTION I A. Pumping and Dewatering: I 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. I000055-07146-0 0 2007 Bonestr 01500-2 TEMPORARY FACILITIES AND CONTROLS I to remove all surface water and 2. Provide all necessary pumping groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. r 3. Protect Site and adjacent property to avoid damage. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. C. Flaggers are required to protect construction vehicles during unloading or construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 1 . Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. 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. 1 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. I 000055-07146-0 01500-3 TEMPORARY FACTILITIES ©2007 Bonestroo AND CONTROLS I 3.07 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1 . Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. I 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. I 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: 1 . Partial payment of the Lump Sum Bid Item "Mobilization" will be made 1 using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment Y 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 B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This will be considered payment in full for all Work and costs of this Bid Item. C. All other Work and costs of this Section shall be incidental to the Project and I included in the TOTAL BASE BID. I END OF SECTION I I I 000055-07146-0 01500-4 TEMPORARY FACTILITIES ®2007 Bonestroo AND CONTROLS I SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1 .01 SECTION INCLUDES A. Managing stormwater runoff and other project related water discharges to minimize sediment pollution during construction. 1 .02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02920 - Lawns and Grasses. 1 .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. MPCA's NPDES General Storm Water Permit for Construction Activity. 1 .04 SUBMITTALS A. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. B. Certification and Sampling: 1 . Furnish a manufacturer's certification ti stating log this Section. The supplied conforms to the q typical results of certification shall include or have attached tests for the specified properties, representative of the materials supplied. I ITEMPORARY 000055-07146-0 01570-1 EROSION AND SEDIMENT CONTROL ©2007 Bonestroo I 1 .05 QUALITY ASSURANCE I A. Certified Installers. Provide a certified installer to install or direct J installation of erosion or sediment control practices. Certification shall obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. I. 1.06 PERMITS I A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or scale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Storm Water Permit for Construction Activity is not required. J 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and I sediment control BMPs, such as permanent seeding, are directly incorporated into the Work. Supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs I' when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures 1 (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 I chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. 1 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. Prior to Project shutdown for the winter or other periods of a week or I more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. 000055-07146-0 01570-2 TEMPORARY ©2007 Bonestroo EROSION AND SEDIMENT CONTROL I I 1 1 F. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1 . When the Contractor fails to conduct the quality control program 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 $500 per calendar day deduction for noncompliance. G. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886 A. Machine Sliced: 1 . Posts: Steel T-post with welded plate, 1 .26 lbs per lineal ft and 5 feet long. Post spacing shall not exceed 8'-24" embedment. 2. Geotextile: woven, either monofilament or tape, 36 inches minimum width, UV stabilized, with apparent opening size 20-70 sieve, and 100 lbs minimum grab tensile strength. 3. Fasten geotextile to the posts with a minimum of 4 plastic zip ties of 50 lbs tensile strength. 2.02 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. 2.03 STORM DRAIN INLET PROTECTION A. 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. TEMPORARY 000055-07146-0 01570-3 EROSION AND SEDIMENT CONTROL CO 2007 Bonestroo I I 2.04 FILTER LOGS: Conform to MnDOT Spec. 3897 A. Straw or wood fiber Biorolls, 6 to 7 inches in diameter. 2.05 DUST CONTROL I 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: I 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT 1 Spec. 3912. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment 1 control, and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action i of the elements. C. Minimize the amount of disturbed land that is susceptible to erosion at I any time. Delineate areas not to be disturbed: 1 . Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally y vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment I control devices in conformance with the details, typical sections and elevations shown on the Drawings. 1 000055-07146-0 01570-4 TEMPORARY CO 2007 Bonestroo EROSION AND SEDIMENT CONTROL I I I B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C: 1 . Install in the locations shown on the Drawings, using the machine sliced installation method unless directed otherwise by 1 1 1 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: D Mulch: 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. lb. 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. ©2007 Bonestroo I 1. For Seeded Sites, apply at a rate of 2 tons per acre(4500 kg/ha). 2. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 3. Disk Anchor in conformance to MnDOT Sect. 2575.3G. 4. Anchor mulch immediately to minimize loss by wind or water. E. Storm Drain Inlet Protection: Ii . 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. ITEMPORARY 000055_07146_01 00055-07146 0 Ol 570-5 EROSION AND SEDIMENT CONTROL I 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 I potential. 3.03 MAINTENANCE I 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 I 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. J B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity P tY b Y 30 percent or more, the Contractor shall restore such features to their original condition. 000055-07146-0 01570-6 TEMPORARY ©2007 Bonestroo EROSION AND SEDIMENT CONTROL I I I 1 I I I 1II C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. 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. B. 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: 1 . Silt Fence, Permeable: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Protection of Catch Basin, Non-Street: Measurement will be by each. 3. Bioroll: Measurement will be by the linear foot. C. Water used for the construction of the trails and parking lot will be ©2007 Bonestroo considered incidental to the Project. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION TEMPORARY 000055-071 46 0 01570-7 EROSION AND SEDIMENT CONTROL I I 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust operable components to ensure operability wit 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 b s the Contract Documents g the existing construction or as required y C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor led and replaced unsuitable for the use intended and sh all be removed by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the Project and prior to complete Final Payment, the Contractor and all subcontractors Department of Revenue Revised Form ctl With�he This tat of Minnesota Obtaining Final Settlement of Contra and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the the Owner. Copies of this form can be obtained Section, Mail Station 73, Minnesota Department of Revenue, Forms St. Paul, MN 55146-1173 or by calling (651) 296-4444. I 000055-07146-0 01700-3 EXECUTION REQUIREMENTS ®2007 Bonestroo 3.07 MEASUREMENT AND PAYMENT I V A. A Bid Item has been provided for Street Sweeper With Pick Up Broom With Operator, Measurement will be by the units of hours, B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID, END OF SECTION I I I I I I I p I I I I 000055-07146-0 I ®2007 Bonestroo 01700-4 EXECUTION REQUIREMENTS I 1 SECTION 01700 I EXECUTION REQUIREMENTS IPART 1 GENERAL 1 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the IContract for Final Payment. 1.02 SUBMITTALS IA. Submit the following items consistent with the Conditions of the IContract and Division 1: 1. Record Documents, Written Notification of Substantial I Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion, Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 1 2. Final Application for Payment, including accompanying documentation III IC-134 Form. 1 PART 2 PRODUCTS Not Used. II PART 3 EXECUTION I3.01 EXAMINATION I A. Acceptance of Conditions: By work as satisfactory to rercei oe construes acceptance of the add IIsubsequent work. I 000055-07146-0 01700-1 EXECUTION REQUIREMENTS ©2007 Bonestroo 1 B. Existing Conditions: Before commencing Work, inspect Work I completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until I the conditions are corrected. C. Inspect each product immediately prior to installation. Remove I damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS I 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. I B. Secure Work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of Work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of Work from incompatible Work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent I with the General Conditions. 3.03 SITE MAINTENANCE I A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a 1 dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. I B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. I/ D. Clean access roads and haul routes with mechanical street sweeper. II E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from I 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. 000055-07146-0 ©2007 Bonestroo 01700-2 EXECUTION REQUIREMENTS I SECTION 02225 REMOVALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Complete or partial removal and disposal or salvage of at grams, above grade, and below grade structures 1 .02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2104 - Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by ny method selected lected b the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully reused in a damage so the item can be re-assembled, replaced, or 1 workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1 . All materials designated for removal shall disposed f outside the Site at locations to be selected by the Contractor. I 000055-07146-0 02225-1 REMOVALS ®2007 Bonestroo I 2. All materials designated for salvage shall be stockpiled or 1 temporary stored on sites to be provided by the 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 completion dates of the various parts of this work. t, order, and B. Fill holes or depressions resulting I mg from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where I removal or salvage operations are completed within streets, driveways, or parking lots. I PART 2 PRODUCTS I Not Used I PART 3 EXECUTION I 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 I rom 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 I possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 02315. I 000055-07146-0 1 ®2007 Bonestroo 02225-2 REMOVALS I 1 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. I3.03 PROTECTION I 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. u B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood I 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 I designated to remain where removal e being done, connections made, materials handled, or equipment moved. I E. Do not close or obstruct walkways or roadways. Do egress. Conduct re or place ct materials in passageways or other means of operations with minimum traffic interference. IF. Take reasonable precautions to limit damage to existing turf.open I G. Holes or depressions created by removals s shall not bs she ha I be f I for more than 1 day. Any hole within 10 feet suitably marked, or covered immediately. H. Avoid disturbance e to any material beyond the limits required for new Iconstruction. 3.04 SAWING PAVEMENT I A. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. I I 000055-07146-0 02225-3 REMOVALS I ©2007 Bonestroo I 3.05 REMOVE AND REPLACE BITUMINOUS PAVEMENT A. Remove and Replace Road Section: Removal and replacement shall consist of the area represented on the Drawings. Remove existing road section and replace with granular borrow, aggregate base, and bituminous pavement. Conform to Section 02315, Section 02720, and Section 02741. B. Mill and Fill Bituminous: Mill the wear course from the area represented on the Drawings. Clean millings from existing base course surface. Apply bituminous tack coat and fill area with bituminous as represented on the Drawings. Conform to Section 02741. 3.06 REMOVE BITUMINOUS PATH/DRIVEWAY A. Remove in accordance with MnDOT Spec. 2104.3B, except as modified below. B. Sawcut bituminous pavement at the removal limits prior to that removal, unless otherwise approved by the Engineer. C. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.07 REMOVE CURB AND GUTTER A. Sawcut at removal limits. B. Bituminous Curb: Removal shall be separate of bituminous pavement. 3.08 SALVAGE AND REINSTALL A. Signs: I 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 1 Response System. 000055-07146-0 ©2007 Bonestroo 02225-4 REMOVALS I I2. Remove and salvage all posts, A-frame angle brackets, Istringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in-place signs during storage and installation. ed during 4. Remove signs damag g construction and replace with Inew signs. 3.09 FIELD QUALITY CONTROL IA. Salvaged items to be reinstalled shall be of the same shape, I dimension, location, and quality of the original item prior to construction. I 3.10 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected I by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. I 3.11 MEASUREMENT AND PAYMENT Bid Items have been provided for removal items. Payment at the Bid IA. Unit Price will be considered co npulln acluding removal, alvage, ua necessary to complete the Bid Item Istorage, disposal, and reinstallation. B. Measurement will b P e based upon the units as listed below for items I 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 I will be compensation in full for all Work and costs of the following Bid Items: 1 . Sawing Bituminous Pavement Per lineal foot along the saw cut line as staked. 1 2. Remove Bituminous Curb: Per lineal foot. I 3. Remove Bituminous Path: Per square yard without regard to thickness. 1 4. Remove and Replace Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. 000055-07146-0 02225-5 REMOVALS I ®2007 Bonestroo I 5. Remove 12 Inch Flared End Section: Per each. 6. Remove 12 Inch RCP Storm Sewer 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. 7. Remove Existing Plastic Edging: This Work shall be incidental to the Project. 8. Salvage and Reinstall Sign: Per each. C. A Bid Item has been provided for Remove and Replace Bituminous Pavement. Measurement will be Lump Sum. This Bid Item represents payment for removal and replacement of road section, mill and fill bituminous, and all else necessary to satisfactorily construct the work in accordance with the Drawings and Specifications. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I 1 I I I I I 000055-0 ®2007 Bonesrr7146-0 oo 02225-6 REMOVALS • I SITE CLEARING PART 1 GENERAL 1 1 1 .01 SECTION INCLUDES SECTION 02230 A. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation ."Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2101 - Clearing and Grubbing. 2. 2571 - Plant Installation. 1.04 D EFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with 9 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: Cuffing, 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. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing and installing branches a 9 wound dressing. 1.05 QUALITY ASSURANCE IA. Burning is not allowed on Site. 00055 07146-0 02230-1 SITE CLEARING©2007 Bonestroo I 1.06 SITE CONDITIONS A. Work consists of removing a tree as shown on the Drawings. I B. Protect specimen trees close to work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING before A. Com p e or sufficiently ahead of on-going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to Work of this Section. 1 PART 2 PRODUCTS I 2.01 WOUND DRESSING A. Asphalt base tree paint. B. 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. 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. 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 ose ro sections. p p d 00055-07146-0 ©2007 Bonestroo 02230-2 SITE CLEARING M D. All depressions resulting from the grubbing operations shall be backfilled in accordance with Section 02315. 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 idressing. 3.04 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. as B. Disposal site should be a properly d aecdieaordlands ua der determined area appropriate governmental direct control of the Contractor. C. On Site burial of any debris is not permitted. 3.05 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. 3.06 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Removing Existing Tree. Measurement will be by physical count of each tree removed, including cleared and grubbed having a diameter surface. Payment 4 inches at a point 24 inches above ground will constitute compensation in full for all removal, disposal work, and costs. 00055 07146 0 02230-3 SITE CLEARING ©2007 gonestroo M I B. A Bid Item has been provided for Clearing and Grubbing. Measurement will be by Lump Sum for all/select Project Clearing I and Grubbing. Payment will constitute compensation in full for all removal, disposal work, and costs. C. Brush Removal: This work shall be incidental to the Project. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. 1 END OF SECTION I I I I 1 I I I 1 00055-07146-0 I ®2007 Bonestroo 02230-4 SITE CLEARING • I SECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1.01 SECTION INCLUDES A. Excavation and fill for roadways, foundations, channels, ponds, and other areas. 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02320 -Trench Excavation and Backfill. 1.03 REFERENCES IA. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2. 3149 - Granular Material. 1 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Gradation tests for borrow materials. 1 1.05 DEFINITIONS A. The definitions of the different classifications Spec excavation or and material shall conform modified herein: 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Subgrade Excavation: Excavation below the grading grade. 000055-07146-0 02315-1 EXCAVATION AND FILL ©2007 Bonestroo I 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. ting 1.07 SEQUENCING AND SCHEDULING A. Complete subgrade for street and trail immediately after trench backfill and compaction. B. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Granular Borrow: Conform to MnDOT Spec. 3149.2B1. PART 3 EXECUTION 3.01 GENERAL I A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control rior to excavations. cavations. 2. Establish the specified erosion control devices according to 1 Section 01570 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 02225. 3.02 PREPARATION OF EMBANKMENT I A. Conform to MnDOT Spec. 2105.3B, or as modified herein: 1. Engineer's approval g pp oval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 000055-07146-0 ©2007 Bonestroo 02315-2 EXCAVATION AND FILL I I I 2. Where embankment is to be constructed over swats p, marsh,, or other locations where the foundation the foundation shall be excavated to remove all or part of the unstable material. I 3.03 EXCAVATION OPERATIONS IA. Conform to MnDOT Spec. 2105.30, or as modified herein: I 1 . Perform excavations to the alignment,staked by the Epgineerd. grade as shown on the Drawings a 1 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed: a. The maximum subgrade excavation of poor soils shall Ibe 12 inches. immediately 3, Notify Engineer Imm Y of any large boulders or ledge I rocks encountered so proper measurement or profile can be made for pay quantities. 1 4. No solid rock will be allowed within 12 inches of the subgrade. I 5. Provide and maintain temporary drainage facilities until permanent facilities are completed. 6. Cut, fill, and grade Site to elevations and contours shown on the Drawings with allowances for pavements, topsoil, and structures. IB. The infiltration depressions shown on the Drawings s alllry be I enter the depressions,excavated in such a wh which would compact the depressions and reduce the permeability of the existing soils. 1 3.04 DISPOSITION OF EXCAVATED MATERIAL IA. Conform to MnDOT Spec. 2105.3D, or as modified herein: 1. No disposition of bituminous millings will be permitted, unless Ithoroughly mixed with other onsite materials. 000055-07146-0 02315-3 EXCAVATION AND FILL D 2007 gonestroo I I 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105,3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: I 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). If the contractor wishes to use soils which are not at the needed water content, it is the contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition such that the entire profile (entire lift thickness) attains the minimum specified compaction level. Some on-site soils will be wet (or could be dry), and the contractor shall not claim that this is a changed condition. 3. The contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season, and the contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISH OPERATIONS 1 A. Conform to MnDOT Spec. 2105.3G, 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. 000055-07146-0 ®2007 Bonestroo 02315-4 EXCAVATION AND FILL I I2. Finish grading of subgrade prior to placement of an I aggregate base course shall conform to the following tolerances: I a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. I3. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of Ithe topsoil placement. 1 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Site Grading. Measurement will I be Lump Sum. This Bid Item represents payment for all turf and topsoil stripping, salvaging,in re-spreading, grading, including common excavation, topsoil borrow, compaction, final shaping, disposal of excess materials off the Site, and all else necessary to satisfactorily construct the Work in accordance with the Drawings and Specifications. IB. A Bid Item has been provided for Subgrade Excavation and will be measured by the cubic yards. Payment at the Bid Unit Price will include excavation of poor soils and hauling material off site. I1. The Subgrade Excavation quantity was estimated. Due to weather conditions during construction and the actual existing soil composition, the quantities may vary significantly Ifrom those given in the Bid Form. 2, The Engineer reserves the right ht to increase or decrease any of I the above quantities with no change to the Contract Bid Unit Price. No additional compensation will be considered or I allowed for changes to the estimated quantities or for the deletion of the Bid Item in its entirety. I I I I �pp55 07146 0 02315-5 EXCAVATION AND FILL ©2007 gonestroo C. A Bid Item has been provided for Granular Borrow, Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: I 1. If the Granular Borrow 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 weighting 110 pounds per square yard of area per inch of thickness. 2. The Granular Borrow quantity was estimated assuming subgrade excavation will be required for 20 percent of the 111 trails. Due to weather conditions during construction and the actual existing soil composition, the quantities may vary I significantly from those given in the Bid Form. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID, END OF SECTION I 1 I I I 1 I 000055-07146-0 2007 Bonestroo 02315-6 EXCAVATION AND FILL , I I SECTION 02320 I TRENCH EXCAVATION AND BACKFILL I PART 1 GENERAL 1 .01 SECTION INCLUDES A. Trenching requirements for underground piping and Iappurtenances, including requirements for excavation, backfill, and compaction. 1 1 .02 RELATED SECTIONS I A. Section 02230 - Site Clearing. B. Section 02630 - Storm Drainage 1 1 .03 REFERENCES I A. Minnesota Department of Transportation 'Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): I1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. IB. American Society of Testing Materials (ASTM): I 1 . C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard IInstallations. 2. D2321 - Standard Practice for Underground Installation of I Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications. I 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 fit-Ibf/ft). I N 000055-07146-0 02320-1 AND TRENCH EXCAVATIOVATIO L ©2007 Bonestroo I 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01310: 1 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. I • 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 1 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. I 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. Course Filter Aggregate: Free draining mineral product used I around draintile pipe. E. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. 1.06 SEQUENCING AND SCHEDULING , A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. 000055-07146-0 02320-2 TRENCH EXCAVATION ©2007 Bonestroo AND BACKFILL I I D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe 1 is laid. 1.07 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1 inch as measured by a 10 foot straight edge will be repaired in a manner acceptable to the Owner at the Contractor's expense. I PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Ductile Iron Pipe (DIP) and Reinforced Concrete Pipe (RCP): 1 . Class C-1 Bedding: a. Undisturbed soil. i 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified: I t least 50 1. Crushing Requirements: At p ercent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces, 1 2.03 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. 1 I 000055-07146-0 02320-3 TRENCH EXCAVATION AND BACKFILL ©2007 Bonestroo F 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, I such as fences, shrubs, signs, and mailboxes. F. Crossing Under Existing Utility Lines: ' 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. I 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. I 1 000055-07146-0 02320-4 TRENCH EXCAVATION ©2007 Bonestroo AND BACKFILL 1 3.03 CONSTRUCTION A. Conform to ASTM C2321 or modified herein. B. Trench Excavation: 1 . Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on ' the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit • the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100 Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. ' 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, ■ etc. ■ 6. Segregate soils in the excavated material that are not ' suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right-of-ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. 1 000055-07146-0 02320-5 TRENCH EXCAVATION AND BACKFILL ©2007 Bonestroo 1 C. Water Control: I 1. Dewater the ground as necessary to excavate the trench 1 and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom: , 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion 1 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 I 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. I 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. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid I materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C-1 Bedding. I 000055-07146-0 02320-6 TRENCH EXCAVATION ©2007 Boneshoo AND BACKFILL 1 B. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 inch clearance from pipe. C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. ' 3.05 BACKFILL WITHIN PIPE ZONE ' A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. 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. 1 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in depth layers uniform de th la ers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the ' requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. D. The method and means of placement and type of compaction ' equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. E. deficiency. An deficienc in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 000055-07146-0 02320-7 TRENCH EXCAVATION ©2007 Bones roo AND BACKFILL 3.07 RESTRICTED TRENCH WIDTH A. Restrict width of trench to conform to construction limits indicated I on the Drawings and where directed by the Engineer to prevent damage to specimen trees or adjacent structures. 3.08 FIELD QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at I 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. 3.09 MEASUREMENT AND PAYMENT I A. Trench Excavation: Excavation and backfilling of trench and associated pipe bedding shall be included in the price of pipe provided. B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. C. Improved Pipe Foundation: At the Bid Unit Price per lineal foot for each 6 inch layer placed below pipe bedding: 1. For example, feet p if 2 eet of foundation material is required under a pipe installed with C-2 bedding; 6 inches of material is required for Class C-2 bedding and payment will be made for 3 lineal feet of pipe foundation material, 6 inches deep per foot of pipe installed. I 2. No payment will be made without the knowledge or consent of the Engineer. I 3. No payment will be made for subgrade rock installed for de- watering purposes only, unless specified. ' D. Temporary Bracing and Sheeting: Considered part of the excavation costs with no additional compensation to Contractor, unless provided for otherwise. 1 000055-07146-0 02320-8 TRENCH EXCAVATION ©2007 Bonestroo AND BACKFILL 1 E. Density Tests: 1 . Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the iContractor. F. Dewatering: No explicit, direct payment is made for this Work. Include the costs in the Bid Unit Prices for the pipe or structure installed. ' G. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION i 1 I I I 000055-07146-0 02320-9 TRENCH EXCAVATION AND BACKFILL ' D 2007 Bonestroo i SECTION 02630 ' STORM DRAINAGE PART 1 GENERAL 1 1.01 SECTION INCLUDES A. Storm sewer pipe, manholes, catch basins, fittings, and ' miscellaneous appurtenances. 1.02 RELATED SECTIONS 1 A. Section 02315 - Excavation and Fill. B. Section 02320 -Trench Excavation and Backfill. 1 C. Section 02720 - Aggregate Base Course. D. Section 02770 - Concrete Curb and Gutter. 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. 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. C150 - Specification for Portland Cement. 8. C206 - Specification for Finishing Hydrated Lime. 000055-07146-0 02630-1 STORM DRAINAGE ' D 2007 Bonesiroo i 9. 0361 - Specification for Reinforced Concrete Low Head Pressure Pipe. 10. C443 - Specification for Joints for Circular Co ncrete Sewer and Pipe, Using Rubber Gaskets. 11. C478 - Specification for Precast Reinforced Concrete Manhole Sections. I B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): ' 1. 3351 - Sheet Metal Products. 2. 3733 - Geotextiles. 3. 2461 - Structural Concrete 1 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 1 commencement of Section 02720 and Section 02770. 1.05 SUBMITTALS ' A. Submit Shop Drawings for storm sewer structures consistent with Section 1330. B. Submit Manufacturer's Certificate of Compliance for the following ' items: 1. Gray iron castings. 1 2. Precast manhole sections. 1 1 000055-07146-0 02630-2 ©2007 Bonestroo STORM DRAINAGE • II IPART 2 PRODUCTS I 2.01 MATERIALS IA. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming I to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the Irequirements of ASTM C206. I 3. Mix Proportions: a. One p art cement to 3 parts of suitable plaster sand for I 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 1 to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. I b. One part Portland cement to 2 parts of t not dto exceed which lime or mortar mix may be added, 15 percent by volume for mortar used for laying concrete block. 2.02 STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS I A. General Requirement: A STM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. IC. Type and Style: As shown on Drawing. Covers without grate I openings shall be stamped "STORM SEWER." D Covers with 2 concealed pick holes of approved design. IE. Weight: Minimum of 380 lbs. 1 2.03 STORM MANHOLES AND CATCH BASINS General Requirements: ASTM C478 and details on the Drawings. IA. B. Structures and bases shall be of precast concrete. 07�4&O 02630-3 STORM DRAINAGE ' ©2007 Bonestroo 1 D. Manhole Joints: Rubber o-ring gasket type meeting ASTM C443. E. Segmental Manhole Blocks: Blocks conform to ASTM C139. F. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 ' deformed grade steel rod. 2.04 PIPE MATERIALS ' A. Reinforced Concrete (RCP) Pipe and Fittings: ' 1. General Requirement: ASTM C76, Wall B with circular reinforcing. ' 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. 0-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. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 02320. 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. 1 1 000055-07146-0 02630-4 ©2007 Bonestroo STORM DRAINAGE I 3.0 2 INSTALLATION A. Connect to Existing Structure: I1 . Connect to existing structure at location shown on the Drawings. 2. Bulkhead void between outside wall of pipe and edge of Iopening with mortar and brick. IB. Pipe Installation: Lay and maintain pipe appurtenances to the alignment, I1. 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 cent may be cause for removal and relaying pipe the ' Contractor's expense. 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the manufacturer's I 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 I 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 1 flow. I4. All joints must be watertight. I 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 I any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. I 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 I joint or the connection shall be made by using an approved adapter. 000007146-0 02630-5 STORM DRAINAGE ©2007 Bonestroo i 7. Any pipe which has been disturbed affer being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. C. Structures and Appurtenances Installation: 1 1. Furnish and install structures in accordance with the Drawings. 2. Excavate ' ate to depth and size as shown in the Drawings. 3. 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. 4. Preformed inverts not allowed where pipe grades are 2 percent or greater, unless design grade is built through the manhole. 5. All concrete ' Crete pipes entering manholes must be cut with a concrete saw. ' 6. Position vertical wall of the eccentric cone on the downstream side. ' 7. Liff holes neatly mortared up. 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: I 1. Consists of Cleaning the Pipe and Structures: a. If newly installed y nstalted mains and structures are kept clean during construction, cleaning will not be required. 000055-0 746 0 02630-6 ©2007 Bonestroo STORM DRAINAGE 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: q P 1 1. Infiltration: ' a. To determine the amount of ground water infiltration into the sewers. f 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. Camping: ' a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipe. 000055-07146-0 02630-7 ©2007 Bonestroo STORM DRAINAGE 1 d. Verify that joints are all home. e. Veri fy structures co n form to specified requirements. 3.04 PROTECTION 1 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 tr t r s uc u es to avoid being hit by construction or vehicular traffic. D. Establish erosion control measures as per Section 01570. 3.05 MEASUREMENT AND PAYMENT A. Bid Items have been provided for Storm Sewer Pipe. Measurement ' will be based upon units of lineal feet for each size, type, class, and depth increment 0 feet to 10 feet, 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: 1. Pipe bedding will be paid in accordance with Section 02320. 2. Improved pipe foundation material, if necessary, shall be per ' Section 02320. B. A Bid Item has been provided for Precast 27 Inch Shallow Depth Beehive. Measurement will be based upon units of each for furnishing and installing structures complete, including casting frame ' and cover in place as specified. C. 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. 000055-07146-0 02630-8 ©2007 Bonestroo STORM DRAINAGE 1 I D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 1 I I I I I 1 1 1 I I I 1 pppp55 7146_0 02630-9 STORM DRAINAGE p 2007 goneshoo I 1 I I It I I I AGGREGATE BASE COURSE PART 1 GENERAL 1 .01 SECTION INCLUDES SECTION 02720 A. Requirements for aggregate base course on a prepared subgrade. 1 .02 RELATED SECTIONS A. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for ConstructionTTAL ," 2005 Edition (MnDOT Spec.): 1. 2211 - Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1 .04 SUBMI 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: ®2007 Bonestroo 1, Subgrade has been corrected for instability problems and successfully passed a rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). I 000055-07146 0 02720-1 AGGREGATE BASE COURSE I PART 2 PRODUCTS 2.01 MATERIALS A. Aggregate Base: Conform to MnDOT Spec, 3138, Class 5 aggregate, 100 percent crushed. B. Aggregate Shouldering: Conform to MnDOT Spec. 3138, Class 5 aggregate, 100 percent crushed. PART 3 EXECUTION 3.01 PREPARATION A. 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. Compact by mechanical means to 100 Percent Standard I Proctor Density. 2. Install aggregate base in accordance with details on Drawings. wings. 3. Deliver weight tickets to Engineer daily. 1 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent p ent 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 1 A. Protect aggregate base until it is covered by surface pavement. 000055-07146-0 ©2007 Bonestroo 02720-2 AGGREGATE BASE COURSE 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. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Aggregate Base, Class 5, 100 Percent Crushed. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 1 . 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. A Bid Item has been provided for Aggregate Base, Class 5, 100 Percent Crushed - Trail, Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 1. 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. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I 000055-07146 0 02720-3 AGGREGATE BASE COURSE ®2007 Bonestroo I SECTION 02741 PLANT MIXED ASPHALT PAVEMENT 11ii PART 1 GENERAL 1 .01 SECTION INCLUDES re ate mixtures for wearing and non- A. Hot plant mixed asphalt-a gg 9 wearing pavement courses. B. Bituminous tack coat. 1.02 RELATED SECTIONS A. Section 02720 - Aggregate Base Course. B. Section 02770 - Concrete Curb and Gutter. 1 .03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec 1. 2357 - Bituminous Tack Coat. 2. 2360 - Plant Mixed Asphalt Pavement(Combined 2360/2350 0i( yratory/Mar hall Design) Specification) as modified by Bonestroo. A copy of available by calling Bonestroo at(651) 636-4600 or at: htt.://www.bonestroo.coml•df/BonestrooModifiedMnDOT23602350Combined20 07. df 1 .04 SUBMITTALS T A. Submit mixture design report to the Engineer. Conform m o MnDOT Spec .2360.3E and 2360.4F, and Division 1 General B. Submit mix design report for all projects, regardless of the size of the project. C Submit O/C results in accordance with MnDOT Spec. 2360.4F. I 000055-07146-0 02741-1 PLANT MIXED ASPHALT PAVEMENT ©2007 Bonestroo I 1.05 SEQUENCING AND SCHEDULING A. Aggregate base and concrete curb and gutter to be and approved by the Engineer prior to placement of bituminous surfaces. inous B. The Contractor shall provide a 1 week notice for sche Inspection will be coordinated with other inspections at the S teuling, PART 2 PRODUCTS 2.01 MATERIALS A. Mixture Designation: Conform to MnDOT 2360.1, except as modified in the typical Section Detail Drawing and the Bid Form. B. Conform to MnDOT Section 2360.2, except as modified herein: 1. Scrap Asphalt Shingles (2360.2A2h) are not allowed in wearing course pavements. 2. Sewage Sludge Ash (SSA) (2360,2A2j) will not be allowed in either bituminous wear or non-wear course pavements. C. Bituminous Tack Coat: 1. Bituminous Material: Conform to MnDOT Spec. 2357: a. Emulsified Asphalt, Cationic, CSS-1 or CSS-2. D. Asphalt Binder Material: Conform to MnDOT Spec. identified in the Mix Designation, p c� 2360.2G and as E. Mixture Design: Conform to MnDOT Spec. 2360.3, I 000055-07146.0 ®2007 Bonestroo 02741-2 PLANT MIXED ASPHALT PAVEMENT I F. Mixture Quality Management (Quality Control/Quality Assurance): Conform to MnDOT Spec. 2360.4, except as modified herein: 1. Quality Control Testing: The Contractor will be allowed to provide historical testing data from the previous 3 days of production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for Course Aggregate Angularity and Fine Aggregate Angularity. The Contractor will be allowed to provide historical testing data from the previous 10 days of contractor production for each mixture type to meet the Production Sampling and Testing Rates indicated in Table 2360.4-E for TSR, Aggregate Specific Gravity, and Asphalt Binder Content. 2. Quality Assurance testing will be completed at the discretion of the Engineer. Testing rates will not exceed Table 2360.4-D and 2360.4-E. PART 3 EXECUTION 3.01 GENERAL A Conform to the requirements of MnDOT Spec 2360.5, except as modified herein. B. The proposed sequence shall address the: longitudinal seams, compaction, traffic control, hauling routes, and placement of pavement markings. C. The bituminous patch shall match the thickness of the existing bituminous. Liffs shall not exceed 2 inches. r D. Preparation of Bituminous Prior to Final Liff: 1 1. Final clean up of the bituminous surface with the use of a power pickup broom and front end loader. 2. Adjustment of structures as specified in Section 02280. 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 (liff). 000055-07146-0 02741-3 ©2007 Bonestroo PLANT MIXED ASPHALT PAVEMENT I 3.02 RESTRICTIONS A. Conform to MnDOT Section 2360.5B, except as modified herein: i 1 . All surfaces checked and approved by the Engineer prior to paving. 2. Existing bituminous surfaces must be dry prior and during placement of any bituminous pavements. 3. Wearing course shall not be placed when the air temperature in the shade and away from artificial heat, is 50 degrees F or less, unless otherwise approved by the Engineer. 3.03 EQUIPMENT A. Conform to MnDOT Section 2360.50. I 3.04 TREATMENT OF SURFACE A. Bituminous Tack coat shall conform to MnDOT Spec. 2357, except as modified herein. I 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. I 3. The Contractor shall have sole responsibility of claims of tack coat on personal property due to lack of notification or 111 signage of the area being tack coated. C. Equipment: I 1. Conform to MnDOT Spec. 2321 .301. D. Road Surface Preparation: MnDOT S 1. Conform to M ec. 2357.3C. I p I 000055-07146-0 02741-4 PLANT MIXED ASPHALT PAVEMENT 0 2007 Bonestroo I SECTION 02766 PAVEMENT MARKINGS PART 1 GENERAL 1 .01 SECTION INCLUDES A. Pavement markings for control and guidance of traffic. 1.02 RELATED SECTIONS A. Section 02741 - Plant Mixed Asphalt Pavement. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2582 — Permanent Pavement Markings 2. 3354 — Preformed Plastic Markings for Permanent Traffic Lane Delineation and Legends. 3. 3590 — Epoxy Resin Pavement Markings. 4. 3591 — High Solids Water Based Traffic Paint. 5. 3592 — Drop-On Glass Beads. 6. Improved Patterned Polymer Pavement Marking Tape.for Lines and Selected Symbols and Legends. 7. High Durability Preformed Pavement Markings. 8. The Application Specification for Conventional Pavement Marking Materials. 9. 3 Minute Dry Alkyd and High Solids Latex. 1.04 SUBMITTALS A. One copy of the chosen paint/epoxy lot or batch formulation. B. Pavement Marking Contractor Qualifications/Certifications. 000055-07146-0 02766-1 ®2007 Bonestroo PAVEMENT MARKINGS 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: I 1. High Solids Water Based: a. Free of toxic heavy metals, including lead, mercury, and cadmium. I b. Track Free Time— 3 minutes or less. c. White Color— Flat white. B. Glass Beads: I 1. Conform to MnDOT Spec. 3592 for "Drop-On Glass Beads." 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 1500 vehicles per day. I 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. 1 4. Capable of accumulating footage applied per gun. 5. Stainless steel components in the delivery system required for water- I based materials. I 000055-07146-0 02766-2 ®2007 Bonestroo PAVEMENT MARKINGS I I 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. 1 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: 2007 Bonestroo 1 . 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. Id. Longitudinal joints, pavement edges, and existing markings shall serve as horizontal control when so directed. e. Contractor shall notify Engineer at least 48 hours in advance when requesting spotting locations. 000055-07146-0 02766-3 PAVEMENT MARKINGS ® I 2. 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. 3. The break point is to be at the start of the radius for the intersection 1 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. I 3. Minimum surface temperature is 50 degrees F. 3.04 APPLICATION A. General: I 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 I 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. 000055-07146-0 02766-4 ©2007 Bonestroo PAVEMENT MARKINGS I 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 h1t0 foot long c g stripes ripes shall ' be wasted prior to beginning application wit 5. Conditions: a. Markings shall not be applied when wind or other conditions cause a film of dust to e thde moarkindg mat eialacan be applied• after cleaning and befor b. Except when used as a temporary marking, pavement markings shall only be applied in seasonable weather when air 1 temperature is 50 degrees F or higher. B. Paint: I Ill 1 Minimum thickness 15 mil. 2. In accordance with the appropriate MnDOT Spec. 3. Painted lines on the bituminous wearing course shall be applied twice. C. Glass Beads: I1 . Shall be applied immediately after application of paint or epoxy markings. 2. Rate of application shall be 8 lbs. per gallon. 3.0 5 CORRECTION OF DEFECTS A. All pavement markings not conforming to r e requirements i repaired of the Specifications shall be removed and replaced, o p satisfaction of the Engineer. in material usage of not more B. Where yield computations show a deficiency accept the than 20 percent, Owner may require issatisfactory n idirect proportion rto may the percent of work at a reduced Bid Unit Price that the deficiency. C. Where yield computations show a deficiency in replacement iusage hei satisfaction c of 20 percent, Owner will otherrequire means areremoval approvedaby the Engineer. of the Engineer, unless I 000007 Bones 0 02766-5 PAVEMENT MARKINGS ©2007 Bonestroo I I3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2531.3G and 2531.3G2 (Membrane Curi Method), except as modified herein: ng 1• All surfaces shall be coated with membrane curing compound I 30 minutes after finishing at the specified rate. g com p and within 2. The membrane-curing com ound I p must be applied in 2 different directions perpendicular to each other. . I 3. A second application of membrane curin g compound 4 to 8 hours after the first application at the specified rate.I be applied 4. Cold weather curing when temperatures f I b placement or within the following 24 hours shall conform to MnDOT Spec. 2531.3G1 blanket curing method or method approved by the Engineer. 5. The freshly finished surface shall be protected, surfaces pitted by rain I will be considered unacceptable. 6. Removal and replacement of any curb section damaged by traffic, I rain, cold weather, or other causes occurring prior to final acceptance shall be the responsibility of the Contractor. 3.07 BACKFILLING A. Conform to MnDOT Spec. 2531.3J, except as modified herein: 1. Initial Backfilling: I a. Follow the 72 hour 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. 1 3. Curb damaged during backfilling is the responsibility of the Contractor. 000055-07146-0 I ®2007 Bonestroo 02770-4 CONCRETE CURB AND GUTTER I 3.08 WORKMANSHIP AND FINISH A. Conform to MnDOT Spec. 2531 .3K, except as modified herein: 1. Any deviation in the design curvature of concrete ees in excess of 3/8 of an inch, measured with a 10 foot be considered unacceptable. 2. Acceptance of Work by price reduction will not be allowed. 3.09 MEASUREMENT AND PAYMENT s have been provided for Concrete Curb and Gutter. Measurement A. Bid Items the lineal foot measured along the face of the of curb and gutter shall be by e Payment shall include materials, curb at the gutter line for each tYP protection, reinforcement, and preparation, placement, finishing, curing, p backfilling. B. No separate measurement or payment for modifications at curb ramps or transition sections. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION I I I I I I I 000007 Bo estr CONCRETE CURB AND GUTTER I 02770-5 ©2007 Bonestroo I SECTION 02775 CONCRETE WALKS, MEDIANS, AND DRIVEWAYS PART 1 GENERAL 1.01 SECTION INCLUDES A. Cast-in-place concrete walkways, medians, driveways, and valley gutters. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02720 - Aggregate Base Course. C. Section 02770 - Concrete Curb and Gutter. D. Section 02741 - Plant M ixed Asphalt Pavement. 1.03 REFERENCES A. American Society of Testing Materials (ASTM): 1. C260- Air-Entraining Admixtures for Concrete. B. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): I1. 2211 - Aggregate Base. 2. 2461 - Structural Concrete. 3. 2521 -Walks. 4. 2531 - Concrete Curbing. 5. 3702 - Preformed Joint Filers. 6. 3754 - Membrane Curing Compound. CONCRETE WALKS, 2 000 0 02775-1 MEDIANS,AND DRIVEWAYS ©2007 07 gonestr nestroo I 1.04 SUBMITTALS A. Submit design mix for each concrete mix used. 1.05 SEQUENCING AND SCHEDULING A. Construction of pedestrian curb ramps shall be completed following the placement of the bituminous walk or pathway. B. Construct concrete valley gutter rior bituminous base. p to the placement of the PART 2 PRODUCTS 2.01 MATERIALS A. Concrete to conform to MnDOT Spec. 2461, except as herein: P modified 1. Portland Cement: Conform to MnDOT Spec. 3101: a. Type 3 air-entraining concrete produced by using Type IA Air-Entraining Portland Cement. 2. Air-Entraining Admixtures: conform to MnDOT Spec. 3113: a. Conforming to ASTM C260. I b. Not to be added to the concrete mixtures in the field without approval from Engineer. 3. Mix Designation and Classification: a. Manual Placement Mix No. 3Y32C. b. Slip Form Placement Mix No. 3Y22C. B. Preformed Joint Filler: Conform to MnDOT Spec. 3702. 1 C. Curing Compound: Conform to MnDOT Spec. 3754: 1. Curing compound shall contain a fugitive dye. 000055 0 02775-2 2007 Boeo oo MEDIANS OANNCD RDETRIE V WEWAALKYSS I I ID. Sub-Grade Base Material: 1 1. Select Granular Material: Conform to Section 02315. 1 2. Aggregated Base: Conforming to Section 02720. : A E. Truncated Dome Panels. Approved products: 1 1. Cold Spring Granite Co. - Granite Panels (2 inch minimum thickness). I2, Hanover Detectable Warning Pavers. 1 F. Truncated Dome Panel Joint Sealant Compound: Approved Products: 1 1. Dow Corning 888. 2. Dow Corning NS Parking Structure Sealant. I PART 3 EXECUTION I3.01 GENERAL A. Provide copies of batch tickets for concrete mix at the time of I material delivery. B. Construct concrete valley gutters to conform to the Drawings. I C. Construct concrete curb ramp to conform to the Drawings. ID. Verify locations with Engineer in the field prior to construction. I E. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow I lines shall show neat workmanship. F. Retempering in of concrete which has partially hardened with or without additional materials or water is prohibited. CONCRETE WALKS, 0000 07146-0 02775-3 MEDIANS,AND DRIVEWAYS D 2007 gonestroo I 3.02 FOUNDATION PREPARATIONS A. Placement of the aggregate base or granular material to supportI the concrete work shall conform to Section 02720. Compaction of subgrade base shall conform to MnDOT Spec. 2211.301. B. The foundation shall be approved pp ed by the Engineer prior to placement of concrete material. 3.03 FORMS A. Conform to MnDOT Spec. 2521.38. 1 3.04 METAL REINFORCEMENT A. Conform to MnDOT Spec. 2531.3D, except as modified herein: 1. Install two No. 4 steel reinforcing rods i g in lower portion of the valley gutter section with minimum 2 inch coverage on all sides. 3.05 PLACING AND FINISHING A. Conform to MnDOT Spec. 2521.301 and 2531.3F for slip form or 2531.3K for manual placement, except as modified herein: 1. Any deviation in the design curvature of concrete edges in excess of 3/8 of an inch, measured with a 10 foot straight edge, will be considered unacceptable. 2. Any surface area allowing the entrapment of water at a depth 1/8 inch or greater will be considered unacceptable. 3. Unacceptable Work shall be removed and replaced with acceptable Work as directed by the Engineer. Acceptance of Work by price reduction will not be allowed. I B. Pedestrian Curb Ramp - Truncated Dome: 1. Truncated Dome Panels - Conform to the manufacturer's s recommendations for placement. 7146- 000055-000 I 0 2007 7146-07146 02775-4 CONCRETE WALKS, MEDIANS,AND DRIVEWAYS set) on a 2. Truncated dome panels shall be placed wefini h ng the • minimum of 4 inches concrete and prior The joint adjacent concrete 1surface oncretep pedestrian finished with 1/2 between the pan inch radius edging tool. 3. Conform to MnDOT Standard Detail Plate No. 7036F for specified truncated dome surface p ha ern dine slopes. Refer to the Drawings for actual ramp size, p 4, Multiple Truncated Dome panels shall be of equal size. 5. Joint space between truncated don m of npanels os hshall l bel a minimum of 1/8 of an inch and ,a in width. rior to 6. All joints shall be cleaned and cleared of all debris pdome sealing.. The concrete adjacent to the truncated panel shall be cured for a minimum t recommendations sealing. Follow all other manufacturer's prior to sealing. Use only the product joint sealant specified. The joint sealant shall be applied to all joints between and around the perimeter of the truncated dome not less ehen 1/4 sealant shall be applied so that t he depth inch and not greater then 1/2 inch. The joint shall be tooled so that the finished sealant is 1/4 inch below the finished surface. a 7. The required color of the truncated dome panels is red. 3.06 CONCRETE CURING AND PROTECTION A. Conform to MnDOT Spec. 2521 .3C3 d; 2521.3C3b (Membrane Curing Method), except as modified herein: 1. Coat all surfaces with membrane curing compound within 30 minutes after finishing at the specified rate. 2. The membrane-curing compound must contain a fugitive dye and be applied at 2 different directions perpendicular to each other. shall compound sh 3. A second application of membrane curing compound at the be applied 4 to 8 hours after the first applicati specified rate. CONCRETE WALKS, 02775-5 MEDIANS,AND DRIVEWAYS ©2007 Bo goneshoo 1 4. Cold I d weather curing, when temperatures fall below 40 degrees F during placement or within the following 24 hours, shall conform to MnDOT Spec. 2521.3C3a blanket curing or method approved by the Engineer. g 5. The freshly finished surface shall be rotecte by rain will be considered unacceptable. d, surfaces pitted 6. Removal and replacement p ent 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. 3.07 BACKFILLING A. Conform to MnDOT Spec.2521.3E, except as modified herein: 1. Perform backfilling to protect the concrete no sooner than 72 hours after placement of the concrete. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided Measurement shall be ontthe basis of square feet Pedestrian ramp accamp. constructed: ramp actually 1. Measurement of ramp shall not include adjacent concrete r curb and gutter, or truncated dome portion of ramp. Those shall be measured and compensated separately. 2. Payment shall include the following: g a. Concrete materials. b. Aggregate base material. c. Subgrade and base preparation. d. Placement of materials. e. Finishing. I f. Curing and protection. 000055 07146 0 ©2007 07140-roo 02775-6 CONCRETE WALKS, MEDIANS,AND DRIVEWAYS I Ig. Backfilling. 1 Surface, C. A Bid Item has been provided for the Truncated aced Dome me Measurement which is part of the concrete pedestrian I shall be on the basis of square feet of Truncated Dome Surface actually constructed: 1 . Payment shall include the following: a. Truncated panel materials. Ib. Placement of truncated panels. Ic. Joint sealing material. I d. Protection of truncated panels during construction. D. A Bid Item for 24 Inch Concrete Valley Gutter has been included in the Bid Form. Measurement shall be on the basis of lineal foot: 1. Payment of the Bid Item shall include the following: a. Concrete materials. b. Subgrade and base preparation. c. Placement of materials. Finishing. Id. e. Curing and protection. If. Backfilling. I 2 Excavation for concrete valley gutter shall be measured and compensated per Section 02315. I 3. Aggregate base beneath concrete valley gutter shall be measured and compensated per Section 02720. I E. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. I END OF SECTION 000055-07146-0 02775-7 CONCRETE WALKS, MEDIANS,AND DRIVEWAYS ©2007 gonestroo I ISECTION 02891 I POST MOUNTED TRAFFIC SIGNS IPART 1 GENERAL I I 1.01 SECTION INCLUDES A. Signs, signposts, and hardware. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2564 -Traffic Signs and Devices. 2. 3352 - Signs and Markers. Sign Posts. 3. 3401 - Flanged Channel g B. Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). C. Minnesota Department of Transportation Standard Signs Manual. I PART 2 PRODUCTS 2.01 MATERIALS A. Sign Material: 1. Sign Panel Base Material: Sheet aluminum conforming to the material requirements of MnDOT Spec. 3352.2A1 a. 2. Sign Face Material for Sign Panels: Reflective sheeting conforming to the requirements of DOT Spec. 3352.2A2b "Standard No. 2" (High Intensity Grade a. VIP Sheeting MnDOT Spec. 3352.2A2c. Applied" conforming 3. Sign Legend Material for Spec. 352.2A4b. to the requirements of I 02891-1 POST MOUNTED TRAFFIC SIGNS ©2007 gonestroo I B. Flanged Channel Sign Posts: 1. All signposts shall conform to MnDOT Spec. 3401 and be in 2 sections with following minimum weight: a. Bottom Section: 3.0 I bs/ff. b. To Section:on: At least 2.5 lbs/ff and not greater than the weight of the bottom post section. 1 c. Color: Green. 2.. The appropriate length of the upper g pp r 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. I 3.02 CONSTRUCTION A. Sign locations shown on the Drawings are only approximate. final locations shall be determined in the field by the Engineer. Contractor is responsible for having all underground utilities located I prior to installing all signposts. Provide Engineer 48 hours notice prior to sign installations to allow for adequate staking time. 000055-07146-0 ©2007 Bonestroo 02891-2 POST MOUNTED TRAFFIC SIGNS I IB. Fabricate, hole punch, and mount sign panels in accordance with I the standard drawings in the MnDOT Standard Signs Manual. Date the back of each newly installed sign panel with or f the and install using a thick permanent black marker pe year g P Iinventory/I.D. stickers approved by the Owner. C. Install nylon washers between the bolt and Whersisign fa e(see(sheeting). I Do not over tighten bolts to the point would be cause for separates from the sign backing, rejection and replacement at no additional cost to the Contract.inch I The nylon washers used to protect diameter of 3/8 n ah,band/outs de thick, have a maximum inside diameter of 7/8 inch. There shall also be a stainless steel washer between the nylon washer and the bolt head. The bottom section of each signpost shall be mounted into the ID. 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 18$he splice oof the ground pper and the bottom of the top section of p ost lower section posts shall be made cwlthin the top inch and bottom hoees bolts with nylon insert lock nuts pla d of the overlap splice. Where be rerinfo�ced laterally post by signs lea t 2 mounted side by side, they post sections, bolted at each post, and located approximately at the quarter points. 1 3.03 MEASUREMENT AND PAYMENT I A. 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 I materials, equipment, and labor necessary to install each sign and post(s) at the staked location. I B. There will be no extra compensation po extra regardless pen ationgoh or required configuration. There sh all be Ipost installations in bituminous or concrete surfaces. C. All other Work and costs of this L shall be incidental to the 1 Project and included in the TOTAL BASE gip I END OF SECTION 000055-07146-0 02891-3 POST MOUNTED TRAFFIC SIGNS ©2007 BonesFroo ■ i SECTION 02920 I LAWNS AND GRASSES I PART 1 GENERAL I1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed,sod, soil Iamendments, mulch, and erosion control. 1.02 RELATED SECTIONS IA. Section 01570 -Temporary Erosion and Sediment Control. IB. Section 02315 - Excavation and Fill. Il 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for I Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2003. (MnDOT Seeding Manual). 1 1.04 SUBMITTALS A. Provide source and invoice for seed to be used for this Project. 1 1.05 PLANT ESTABLISHMENT PERIOD 1 A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection: 1 . The establishment period for seeded areas is 1 year. I 1.06 FIELD QUALITY CONTROL IA. Provide Engineer with seed bag tags used for identification purposes. I 000055-07146-0 02920-1 LAWNS AND GRASSES ®2007 Bonestroo PART 2 PRODUCTS 2.01 TOPSOIL: Topsoil Borrow conforming to MnDOT Spec. 3877.2A. 1 2.02 SEED: Conform to MnDOT Spec. 3876. A. Autumn Hills Park and Swager Park g Areas: MnDOT Mixture 270. B. Oakgreen Avenue N. (including Alternate 1): Conform to MnDOT Mixture 250. C. Linear Park Trail: MnDOT Mixture 240. 2.03 MULCH: Conform to Section 01570. 1 2.04 EROSION CONTROL BLANKET: A. Conform to MnDOT Spec. 3885: 1. Oakgreen Avenue N. (including Alternate 1): Erosion Control 1 Blanket shall be Category 3, Wood Fiber. I PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify Engineer the ineer g 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. D. Delivery: I 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. I Remove unacceptable plant material from the Site immediately. 000055-07146-0 ®2007 Bonestroo 02920-2 LAWNS AND GRASSES I I2. Deliver fertilizer and lime to the site in the original, unopened I 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 I may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 1 3. During delivery: Protect sod, from drying out and seed from contamination. IB. Storage: or I1 . Sprinkle sod with water and cover wit fmoisexpoaup,burlap, wind other approved covering, and protect and direct sunlight. Covering should permit air circulation to Ialleviate heat development. 2. Keep seed, lime, and fertilizer in dry storage away from Icontaminants. 3.02 PREPARATION IA. General: Conform to MnDOT Spec. 2575.3A. IB. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1000 sq.ff.). 1 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1000 sq. ff.). I 3.03 SOWING SEED I A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. IB. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. I 3.04 MULCH: Conform to Section 01570. I 000055-07146-0 02920-3 LAWNS AND GRASSES ®2007 Bonestroo 3.05 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately following i seeding in accordance with MnDOT Spec. 2575.3.J and as modified below. B. Raking or harrowing of soil/seed shall bed done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. D. 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 1 seeding is availableat the time of initial installation, a one-time proper installation is acceptable. 3.06 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s)will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, 1 replace rejected Work and continue specified maintenance until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Seeding, Incl. Seed, Fertilizer, Mulch and Disc Anchor. Measurement will be based upon units of acres of seed installed complete in place as specified, including installing topsoil; preparation of seedbed; seed and all correlated activity including maintenance requirements. The actual quantity installed I multiplied by the appropriate Bid Unit Price will be considered payment in full for all Work and costs of this Bid Item. 000055-071 46-0 I ©2007 Bonestroo 02920-4 LAWNS AND GRASSES i B. A Bid Item has been provided for Seeding, Incl. Seed, Fertilizer, and Wood Fiber Blanket. Measurement will be based upon units of square I yards of seed installed complete in place as specified, including installing topsoil; preparation of seedbed; seed; and wood fiber I blanket and all correlated activity including maintenance requirements. The actual quantity installed multiplied by the appropriate Bid Unit Price will be considered payment in full for all IWork and costs of this Bid Item. C. All other Work and costs of this Section shall be incidental to the I Project and included in the TOTAL BASE BID. I END OF SECTION I I I I 1 I I I I U I 000055-07146-0 02920-5 LAWNS AND GRASSES ®2007 Bonesiroo I I SECTION 16050 III BASIC ELECTRICAL MATERIALS AND METHODS I PART 1 GENERAL 1.01 SECTION INCLUDES A. References used in Division 16. I B. Regulatory R ulato requirements for electrical construction. 1 C. Requirements of equipment and materials. D. Conduit. E. Wire. IF. Service Cabinet. G. Installation. 1.02 RELATED SECTIONS A. Conditions of the Contract, Supplemental Conditions, and Division 1 apply to all Work of Division 16. B. Section 01330-S ubmittal Procedures. I 1.03 REFERENCES A. ANSI -American National Standards institute. B. C2- National Electrical Safety Code. Cable Engineers ICEA-Insulated C ineers Association:g 1 1. S-61-402-Thermoplastic-Insulated Wire and Cable. 2. S-65-375-Rubber-Insulated Wire and Cable. 3. S-66-524 - Cross-Linke d Thermosetting Polyethylene Insulated I Wire and Cable. BASIC ELECTRICAL 000007 Bon sIT 16050-1 MATERIALS AND METHODS • ®�07 Bv�estroo I 4. S-68-516 - Ethylene-Propylene-Rubber Insulated Wire Cable. and D. NECA-National Electrical Contractors Association: NECA 1 - Standard Practices for Good Workmanship in Electrical Contracting. E. NEMA-National Electrical Manufacturers Association: Ill 1. TC 2- Electrical Polyvinyl Chloride(PVC)Tubing and Conduit. I 2. ICS 2 - Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2000 Volts AC or 750 Volts DC. ent(1000 Volts Maximum) 3. 250- Enclosures for Electrical E q p ui m I Maximum). 4. WC 5- (See ICEA S-61-402). II 5. WC 7- (See ICEA S-66-524). F. NFPA- National Fire ire Protection Association: 1. NFPA 70- National Electrical Code. G. OSHA - Occupational Safety and Health Administration: 29 CFR 1910 - Occupational Safety and Health Standards. '_ H. UL- Underwriters Laboratories;Inc.: 1. UL 83-Thermoplastic-insulated Wires and Cables. 2. UL 467 -Electrical Grounding and Bonding Equipment. 3. UL 508-Industrial Control Equipment. I 4. UL 651 -Schedule 40 and 80 Rigid PVC Conduit. 5. UL 1029-High-Intensity-Discharge Lamp Ballasts. 6. UL 1572- High intensity y Dischar g e Lighting ting Fixtures. I 000065.07146.0 16050-2 BASIC ELECTRICAL 0 2007 Bonestroo MATERIALS AND METHODS 1.04 REGULATORY REQUIREMENTS 1 A. All Work performed under this Contract shall conform to the latest editions of the National Electrical Code (NFPA70), the National Electrical Safety Code (ANSI C2), and the Minnesota State Building Code. III 1.05 INSTRUCTIONS AND PARTS LITERATURE A. Instruction and parts literature Is generally packed with electrical equipment and devices. Contractor shall remove this literature from the packing container or equipment enclosure, identify the literature I with the equipment to which it applies, and file the literature in loose- leaf binders with index tabs. Each binder shall have an index which lists each piece of equipment and the literature which applies to it. An index tab shall be provided for each piece of equipment. 1.06 SUBMITTALS A. Shop drawings shall be submitted with Contractor's stamp of approval. 1.07 ELEC TRICAL SERVICE A. Coordinate the electrical service for the lighting cabinet with Xcel Energy. The Xcel Energy contact is Hans Wenthe at (651) 779-3181. B. Capital costs required by the power company, if any, shall be paid by the Owner. C. Service will be 100A, 120/240V, 1 phase, 3 wire, 10,000 AIC from Xcel Energy's pole-mounted transformer. 1 1.08 ELECTRICAL SERVICE CABINET QUALITY ASSURANCE A. All cabinets shall meet the requirements of UL 508. B. All cabinets shall be UL labeled or third party certified in accordance with Minnesota Board of Electricity Requirements for Approval of Electrical Equipment, Minnesota Rules Paris and 3800.3620. 1 1 00005507146-0 16050-3 ELECTRICAL MATERIALS AND METHODS ®2007 Bonestroo I C. All cabinets shall be labeled or third party certified when delivered to the Site. All field modifications shall be in conformance with UL 508. When the Owner accepts the panels, the Contractor certifies that the panels have retained their UL labeling or third party ng p rty certification. PART 2 PRODUCTS I 2.01 EQUIPMENT AND MATERIALS A. Ali equipment and materials shall be new and shall bear th I e Underwriters Laboratories(UL) label if such products are listed by UL. B. Where applicable, equipment and materials I eq p shall conform to ANSI, ICEA, IEEE, and NEMA Standards. 2.02 I RACEWAYS A. Rigid Nonmetallic Conduit and Fittings: I 1. EPC-40-PVC and EPC-80-PVC for Type II and Type Ill applications. 2. Sunlight resistant. I 3. Approved for: a. Direct burial. I b. Concrete encasement. I c. Above ground and exposed applications. 4. NEMA TC2. 5. NFPA 70 Article 352. 1 6. UL listed. I 7. Carlon, CertainTeed, or equal. I I 000055-07146-0 16050-4 • BASIC ELECTRICAL 0 2007 Bonestroo MATERIALS AND METHODS now I I 2.03 WIRES AND CABLES ` I A. 600 volt insulated with stranded copper conductor. IB. THWN insulated for conductor sizes#4 AWG and smaller. C. XHHW or THWN insulation for conductor sizes#3 AWG and larger. D. All control wiring shall be #14 AWG, 7 or 9-strand copper, 75 degrees T C, 600 volt with solid color THWN or XHHW insulation. E. Insulation of all wire shall conform to NEMA-WC5-1973, NEMAINC - 8 1982, NFPA 70, and UL 83. F. All Wire and Cable Shall Be: I1. New and coiled or on reels. 1 2. Each coil and/or reel shall have a label with the manufacturer's name, trade name of wire, size of wire, and UL label. 2.04 TERMINALS AND CONNECTORS I A. Tool compressed terminals and connectors shall be made of one- piece seamless highly conductive copper with a uniform tin-plate Icoaling to minimize corrosion; Burndy, 3M, or equal. compression ; Greaves B. Step-down adapters shall be copper comp type IPT-R Series, or equal. C. Electrical spring connectors shall be 3M "Scotchlok" or 'Ramer," Iideal "Wing-Nut," or equal. ID. Fork Terminals: 1. Vinyl or nylon self-Insulated locking type. I2. Terminal insulation that supports wire insulation. 3. Thomas & Betts Type FL, Bumdy Type TP-LF, Pandutt Type PNF, 3M Type MNG or equal. I E. Waterproof kits shall be utilized for all outdoor below-grade splices and connections; Raychem Type CRSM, 3M 82-BF1, or equal. 000055.07146-0 16050-5 BASIC ELECTRICAL 1 MATERIALS AND M 2ETHOIX 6onestroo 2.05 LUMINAIRES A. Pole Mounted Fixture fixture-Type A: 1. 22 inches, 1 piece seamless spun aluminum hard top cylindrical luminaire. 2. Extruded aluminum arm secured to pre-wired fixture. I 3. One piece die cast, heat and impact resistant door frame with fully gasket lens. 4. Lens and optical assemblies hinge down for easy access. I 5. High pressure sodium lamp, 250W. 6. Cut-off optic. Type 3 distribution. sinbution. 7. Integrated 240 Volt H.P.F. ballast assembly is fully prewired with' 1 quick disconnects. 8. UL listed. 9. Thermosetting polyester baked finish, RAL6009. Confirm color I with Owner and Engineer prior to ordering. 10. Oardco Form 10 CA22 Series. B. Pole Mounted Fixture-Type B: 1. 19 inch, .1 piece multi-formed aluminum shoebox style fixture, with Integral reinforcing splice and a single concealed joint. 2. Extruded aluminum arm secured to pre-wired fixture. 3. Optically clear, heat and im pac t resistant tempered flat glass lens retained in a mitered, extruded anodized aluminum door frame. 4. Lens shall be sealed with a memory retentive extruded silicone rubber. 5., Interchangeable, anodized aluminum segmented reflector. 000055-07146-0 16050-6 BASIC ELECTRICAL ®2007 Bonestroo MATERIALS AND METHODS 1 6. High pressure sodium lamp, 250W. 1 7. Cut-off optic. Type 3 distribution. 8. Integrated 240 Volt H.P.F. ballast assembly is fully prewired with quick disconnects. 1 9. UL listed. 10. Thermosetting polyester baked finish, RAL6009. Confirm color with Owner and Engineer prior to ordering. 11. Gardco Form 10 H19 Series. 2.06 POLES A. Round, straight, seamless extruded aluminum tubing. B. 25 foot pole. C. Steel tube welded to tenon assembly. Stainless steel fasteners secure aluminum pole shaft to base tenon. D. One piece heavy wall spun aluminum cover conceals anchor base. E. Tube and base are both hot dipped galvanized. F. Thermosetting polyester baked finish, RAL6009. Confirm color with Owner and Engineer prior to ordering. • G. All pole installations shall be capable of withstanding the forces produced by 90 mph winds with a 1.3 gust factor and the total number of luminaires required per pole. H. Gardco RA5-STB-25M, or pre-approved equal. 2.07 LAMPS A. All luminaires shall be furnished complete with lamps; General Electric, Phillips, Sylvania, Venture Lighting, or equal. B. 250W high pressure sodium, medium base lamp. 000055.071460 16050-7 BASIC ELEC11 CAt. 2007 Bonestroo MATERIALS AND METHODS I 2.08 GROUND RODS A. 5/8 inch by 15 feet copperweld. B. Ground rods shall be considered as incidental to concrete bases, • service cabinet etc. 2.09 LIGHTING SERVICE CABINET A. Cabinet: 1. Free-standin g NEMA 3R enclosure. 1 2. Minimum#12 gauge steel. 3. Approximate dimensions of 42 inches H x 24 inches W x 12 inches D. • 4. Seams continuously welded and ground smooth, no holes or knockouts. 5. Continuous hinge. 6. 3 point latch, padlockabie handle. 7. ANSI -61 gray baked enamel finish over a rust Inhibiting prime coat. B. Panelboard: 1. Hardware: a. Mount in Lighting Service Cabinet. b. Door In door front complete with trim, doors, flush chrome plated cylinder lock, catch, and directory with 1 clear plastic cover. c. Two keys. d. Gray baked enamel finish. e. Trim attached directly to the box with screws, trim damps shall not be used. 000055471460 16050-8 BASIC ELECTRICAL. 0 2007 Bonestroo MATERIALS AND METHODS I I f. Copper bus(this includes all current carrying parts, such I as phase buses, ground and neutral buses/bars, bus fingers, etc.). All spaces indicated shall have bus fully extended and drilled for the future installation of Ibreakers. C. Ratings: , i1. Panelboard rating, main breaker, and branch breakers as specified on the Drawings. Branch mounted main briers a Ishall not be allowed. g. 1 2. Service entrance ratings as required. 3. Thermal-magnetic, quick make, quick-break, switching mated plug on circuit breakers. 4. Circuit breaker rating and number of po les asspecified on the IDrawings. 5. Multi-pole breakers with a common trip. 6, Handle padloc k attachments where required. 1 7. Ampere interrupting Ratings: 10,000 RMS symmetrical for 240 '° volt or under. 1 D. Contactors: 1. 600 volt electrically held. 2. Ampere rating and number of poles per the Drawings. 3. NEMA 1 enclosure or open type if mounted in enclosure with III other components. 4. Cutler-Hammer CN35, General Electric CR360L Square D Class 8903, Type S, or equal. E. Photo Controls: II1. Light level selector to adjust activation. 1 2. lime-delay activation and de-activation. 00006607146-0 16050-9 BASIC ELECTI CAI. 1 MATERIALS AND METHODS ®2007 Bonesh'oo .X 3. SPST contacts rated 15 amps tungsten p gs en afi 120 Vac. 4. 1/2 inch male thread for mounting. 1 5. Intermatic K4100, Tork 2100, or equal. F. 4-Circuit Tim ®dock. 1. Four channel, digital time switch. 2. LCD Display. 3. Minimum 99 setpoints, separate scheduling for each day of the week. 4. 365 day holiday capability with 24 single dates and 4 seasons of unlimited duration. 5. Different daily schedules programmable within each season. 6. Daylight Saving Time capable. 7. Automatic Leap Year Correction. `` 8. Schedules shall be stored in non-volatile memory and shall be I retained for a minimum of 30 days upon loss of power. 9. 30 day backup for real time (9V lithium battery). 10. Manual override ON or OFF to the next scheduled event. 11. Tork DTS400A, or equal. 2.10 HANDHOLES A. Precast concrete box and cover or fiber reinforced polyester box and polymer concrete cover. • B. Covers suitable for light traffic loading and with a minimum of 2 stainless steel bolts to secure them to the box. C. Sized as Required Per Code, Minimum Size: 13 inches wide, 24 inches I long, and 18 inches deep. 000056-07146-0 16050-10 BASIC;ELECTRICAL ®2007 Boneshoo MATERIALS AND METHODS 1 D. Molin Concrete Products, CDR Systems Corp., Quazite 'Composite," or approved equal. 2.11 UNDERGROUND WARNING TAPE A. 6 inches wide, 4 mil polyethylene film. IB. Vivid, opaque, long-lasting red color with bold, black letters. C. Lettering: - " 1. Top line ...CAUTI ON CAUTION CAUTION... 2. Bottom line- "...ELECTRIC LINE BURIED BELOW..." D. Seton Name Plate Corp. No. 210€LE, EMED Co. Stock No. UT27737-6, or approved equal. I 2.12 METER SOCKET 0 A. Power Company approved meter socket. IB. Meterin g system configuration shall be coordinated with Xcel Energy and the Owner. I PART 3 EXECUTION 3.01 WORKMANSHIP A. All Work shall performed be rformed in a neat and workmanlike manner consistent with the high quality standards of the electrical trade. A 7A neat and workmanlike manner" shall be as required by N P Section 110-12; and shall conform to NECA 1, Each Standard Practices s fo Good Workmanship in Electrical Contracting. knowledgeable and well-trained in the particular tasks to be performed. ;N. B. All wiring shall be installed in conduit. Placement of all conduits shall be coordinated with placement of utilities, storm sewer, traffic control structures, etc. I 000055.07146-0 16050-11 BASIC ELECTRICAL 2007 Bonestroo MATERIALS AND MEMOD6 ' � ® C. Contractor shall do all trenching for underground conduit with I 9 ith a minimum size trench. Underground warning tape shall be laid approximately 9 inches below the surface in the trench above the conduit. All conduits shall be not less ss than 24 inches below grade. D. 3 inches of sand shall be placed below and above burled conduit in I trench. All fill material shall be placed in 12-inch lifts and compacted to 95 Percent Standard Procter Density. E. Surfaces of existing roadways shall not be disturbed for placement of conduits; conduit shall be jacked under existing roadways at a depth sufficient to,prevent creasing or spoiling of the roadway surface. Any damage to the roadway surface shall be repaired by the Contractor • to the satisfaction of the Owner. F. Poles and luminalres shall be located where shown on the Drawings. G. Lenses, refractors, and lassware g shall be clean and free from cracks or chips. All reflectors, luminaire fixture bodies, etc.shall be free from dents and scratches, thoroughly cleaned, and properly aligned O before installation is accepted by the Owner. All exposed tags and labels other than UL shall be removed. H. All poles and pole mounted luminaires shall be leveled after installation. I. All luminaires shall be aimed in the direction as shown on the Drawings. J. An equipment grounding conductor shall be installed with each circuit. Connections at each pole and pull box shall be made as detailed and as required by the NFPA-70. K. Provide control cabinet wiring as shown by the schematic on the I Drawings. I I 000055-07146-0 16050-12 BASIC ELECTRICAL. 0 2007 Bonestroo MATERIALS AND METHODS I 3.02 WIRING METHODS A. All wire shall be installed in the specified raceways. Wire pulling shall be performed through The system in such a manner as not to exceed I the maximum tensile strength of the cable being pulled as allowed , by NFPA 70 and/or cable manufacturer. Pulling compound shall dry to a fine non-conducting lubricating powder and shall be approved I ' by the cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled workmen who shall Iuse methods, which will prevent damage to the wire and cable. shall be employed B. Adequate measures Pi ed to determine that the Y I raceways are free of foreign material and moisture before pulling wire or cable. C. Any conductor solely for equipment grounding purposes shall be green In color, unless it is bare. D. Conductors shall be without splice from termination to termination, unless indicated otherwise on the Drawings. E. Contractor shall provide all wire connectors, lugs, and terminals, unless indicated otherwise. F. Splices and terminations of the grounding electrode system shalt be brazed, shall be exothermic welded using Erico Products "Cadweld," or shall be made with tool compressed fittings; Bumdy "Hyground," ,„ Thomas& Betts 53,000 Series, or equal. I G. Splices and terminations subject to the presence of moisture or direct burial shall be protected utilizing splice kits. IH. A pullcord shall be provided in each empty conduit. 3.03 IDENTIFICATION A. Each pole shall be identified on the inside of the handhole cover Iwith the number shown on the Drawings. B. All service cabinet components shall be Identified with laminated I plastic nameplates. Each cabinet shall be identified on the inside with the number shown on The Drawings. 000055.07146-0 16050-13 BASIC ELECTRICAL 1 0 2007 Bonestroo MATERIALS AND MEHOO$ 3.04 SITE RESTORATION A. After the lighting system installation is complete, the Site, including 1 grade, sidewalks, driveways, etc., shall be restored to its original or better condition. 3.05 GROUND RESISTANCE MEASUREMENTS A. A ground resistance test shall be conducted at each feed point and I the results of the test submitted to the Engineer. The ground resistance of the existing grounding electrode at each feed point I shall be measured before it is connected to the grounding electrode system. A final ground resistance measurement shall be made after the completed grounding electrode system has been connected at a each lighting service cabinet. Two measurement methods are considered acceptable: use of a null balance instrument; • Associated Research "Vibroground;"James G. Biddle "Megger, or equal, or clamp-on ground resistance tester AEMC Model 3700. Ground resistance test reports shall contain the following information: 1. Protect number and location. 2. Feed int Number-As indicated on the Drawings. I Po gs 3. Contractor. 4. Name of person conducting test. 5. Test method. b. Potential electrode type and distance(If applicable). I 7. Current electrode type and distance (if applicable). I 8. Measured resistance in ohms. 9. Test set manufacturer and type. I 000055.07146.0 16050-14 BASIC ELECTRICAL 0 2007 Bonesfroo MATERIALS AND METHODS I 3.06 INSTALLATION IA. Xcel Energy will provide pole mounted service transformers and a meter. IB. Install secondary electrical service conduit from the lighting cabinet to the secondary of the power company transformer as shown on the Drawings. Furnish and install an Xcel Energy approved meter socket. IC. Contractor shall provide all wiring and connections between the service cabinet and the service transformer. D. Contractor shall coordinate all Work with Xcel Energy with regard to establishing the electrical service. E. Contractor shall provide 2 hours of training for the programming of the timeclock. Contractor shall program the timeclock per Owner instruction during training. • 3.07 MEASUREMENT AND PAYMENT A. Conduit: The conduit shall be measured from termination to termination in linear feet, for each size. The Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, internal wiring, underground warning tape, terminals and connectors, and incidentals necessary to complete the Work. B. Wires: The wires shall be measured from termination to termination in linear feet for each size. The Bid Unit Price shall be full compensation for furnishing and installing all materials. C. Lighting Service Cabinet: Measurement will be by each installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, internal wiring, photocell, and Incidentals necessary to complete the Work. D. Concrete Light Pole Base: Measurement shall be by each base installed. Payment at the Bid Unit Price shall be full compensation for furnishing and Installing all materials. Ground rods shall be considered as incidental to concrete pole bases. I 000055071460 16050-15 BASIC ELECTRICAL 0 2007 Bonestroo MATERIALS AND METHODS E. Lighting Fixture: Measurement shall be by each pole and lurninaire I installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials, including all hardware, fittings, I internal wiring, and incidentals necessary to complete the Work. F. Concrete Equipment Pad: Measurement shall be by each base I installed. Payment at the Bid Unit Price shall be full compensation for furnishing and installing all materials. Ground rods shall be considered as incidental to concrete equipment pad. G. Pole Riser Equipment: Measurement shall be by each shall and I include the rigid steel pole riser, weatherhead, conductor terminations and all appurtenances for a complete connection to • the utility service transformer. H. Handhole: Measurement shall be by each installed. Payment at the • Bid Unit Price shall be full compensation for furnishing and installing all materials. I. All other Work and costs of this Section shall be incidental to the I Project and included in the TOTAL BASE BID. END OF SECTION 1 1 I I I I 000055-07146-0 16050-16 BASIC ELECTRICAL 0 2007 Bonestroo MATERIALS AND METHODS III 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 Law. I I STANDARD GENERAL CONDITIONS I OF THE CONSTRUCTION CONTRACT iPrepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and IIssued and Published Jointly By III - ' Motional Society of A C E C professional Engineers* ,. A++exicr4 COUNCIL Or k..NCANEENING(.0MI NUes t Wooers in�t9 Prange ~ PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the I - NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS IAMERICAN COUNCIL OF ENGINEERING COMPANIES y AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by I The Associated General Contractors of America I �- ��// Knowledge for Creating and Saiin the Built Ennvirg onment I Construction Specifications Institute I EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 ITABLE OF CONTENTS Page X 6 ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 6 6 8 1.02 Terminology 9 ARTICLE 2-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds and Evidence of Insurance 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules 9 19 ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 1 3.01 Intent 10 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies 10 3.04 Amending and Supplementing Contract Documents 11 0 11 3.05 Reuse of Documents 11 3.06 Electronic Data ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;HAZARDOUS 11 I' ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 11 4.01 Availability of Lands 12 4.02 Subsurface and Physical Conditions 12 i` 4.03 Differing Subsurface or Physical Conditions 13 .. 4.04 Underground Facilities 13 4.05 Reference Points 13 4.06 Hazardous Environmental Condition at Site 14 III ARTICLE 5 -BONDS AND INSURANCE 14 5.01 Performance, Payment, and Other Bonds 14 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 5.04 Contractor's Liability Insurance 15 15 5.05 Owner's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 17 17 5.10 Partial Utilization,Acknowledgment of Property Insurer 18 I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 18 e.,,, 6.02 Labor; Working Hours 18 1 6.03 Services,Materials, and Equipment 18 6.04 Progress Schedule 19 6.05 Substitutes and "Or-Equals" 29 6.06 Concerning Subcontractors, Suppliers, and Others I 6.07 Patent Fees and Royalties 21 21 6.08 Permits 21 6.09 Laws and Regulations 22 I 6.10 Taxes 22 6.11 Use of Site and Other Areas 22 6.12 Record Documents 22 I 6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies 6.17 Shop Drawings and Samples 23 6.18 Continuing the Work 23 6.19 Contractor's General Warranty and Guarantee 24 6.20 Indemnification 24 6.21 Delegation of Professional Design Services 24 ARTICLE 7-OTHER WORK AT THE SITE 25 7.01 Related Work at Site 25 7.02 Coordination 25 7.03 Legal Relationships 26 ARTICLE 8 -OWNER'S RESPONSIBILITIES 26 8.01 Communications to Contractor 26 8.02 Replacement of Engineer 26 8.03 Furnish Data 26 8.04 Pay When Due 26 8.05 Lands and Easements;Reports and Tests 26 8.06 Insurance 26 8.07 Change Orders 26 8.08 Inspections, Tests, and Approvals 26 8.09 Limitations on Owner's Responsibilities 26 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 �+ ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 Owner's Representative 27 9.02 Visits to Site 27 9.03 Project Representative 27 9.04 Authorized Variations in Work 27 9.05 Rejecting Defective Work 27 9.06 Shop Drawings, Change Orders and Payments 27 9.07 Determinations for Unit Price Work 28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work 28 9.09 Limitations on Engineer's Authority and Responsibilities 28 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 28 10.01 Authorized Changes in the Work 28 J1 10.02 Unauthorized Changes in the Work 28 10.03 Execution of Change Orders 29 - 10.04 Notification to Surety 29 10.05 Claims 29 ARTICLE 11 -COST OF THE WORK;ALLOWANCES;UNIT PRICE WORK 29 11.01 Cost of the Work 30 11.02 Allowances 30 11.03 Unit Price Work 31 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 32 12.01 Change of Contract Price 32 12.02 Change of Contract Times 32 12.03 Delays 33 33 ARTICLE 13 -TESTS AND INSPECTIONS;CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 33 13.01 Notice of Defects 13.02 Access to Work 33 13.03 Tests and Inspections 33 13.04 Uncovering Work 33 13.05 Owner May Stop the Work 34 13.06 Correction or Removal of Defective Work 34 13.07 Correction Period 34 13.08 Acceptance of Defective Work 34 13.09 Owner May Correct Defective Work 35 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 35 14.01 Schedule of Values 36 14.02 Progress Payments 36 14.03 Contractor's Warranty of Title 36 14.04 Substantial Completion 37 37 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 1 11-' 14.05 Partial Utilization 38 I 14.06 Final Inspection 38 14.07 Final Payment 39 14.08 Final Completion Delayed 39 14.09 Waiver of Claims 39 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 39 15.01 Owner May Suspend Work 39 15.02 Owner May Terminate for Cause 40 15.03 Owner May Terminate For Convenience 40 15.04 Contractor May Stop Work or Terminate 41 ARTICLE 16 DISPUTE RESOLUTION 41 16.01 Methods and Procedures 41 ARTICLE 17-MISCELLANEOUS 41 17.01 Giving Notice 41 17.02 Computation of Times 41 17.03 Cumulative Remedies 41 17.04 Survival of Obligations 41 II I, I I i . I 17.05 Controlling Law 41 17.06 Headings V 1 II I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 38 GENERAL CONDITIONS 9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 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 1.01 Defined Terms Agreement. A. Wherever used in the Bidding Requirements 10. Claim--A demand or assertion by Owner or or Contract Documents and printed with initial capital Contractor seeking an adjustment of Contract Price or letters, the terms listed below will have the meanings Contract Times,or both,or other relief with respect to the indicated which are applicable to both the singular and terms of the Contract. A demand for money or services by plural thereof. In addition to terms specifically defined, a third party is not a Claim. terms with initial capital letters in the Contract Documents include references to identified articles and 11. Contract--The entire and integrated written paragraphs,and the titles of other documents or forms. agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, 1. Addenda--Written or graphic instruments representations,or agreements,whether written or oral. issued prior to the opening of Bids which clarify,correct, or change the Bidding Requirements or the proposed 12. Contract Documents-- Those items so Contract Documents. designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract 2. Agreement--The written instrument which is Documents.Approved Shop Drawings,other Contractor's evidence of the agreement between Owner and Contractor submittals, and the reports and drawings of subsurface covering the Work. and physical conditions are not Contract Documents. 3.Application for Payment--The form acceptable 13. Contract Price—The p The moneys payable by to Engineer which is to be used by Contractor during the Owner to Contractor for completion of the Work in course of the Work in requesting progress or final accordance with the Contract Documents as stated in the payments and which is to be accompanied by such Agreement (subject to the provisions of Paragraph 11.03 supporting documentation as is required by the Contract in the case of Unit Price Work). Documents. 14. Contract Times--The number of days or the 4. Asbestos--Any material that contains more dates stated in the Agreement to: (i)achieve Milestones,if than one percent asbestos and is friable or is releasing any, (ii)achieve Substantial Completion; and (iii) com- asbestos fibers into the air above current action levels plete the Work so that it is ready for final payment as established by the United States Occupational Safety and evidenced by Engineer's written recommendation of final Health Administration. payment. 5. Bid--The offer or proposal of a Bidder 15. Contractor--The individual or entity with 1 submitted on the prescribed form setting forth the prices whom Owner has entered into the Agreement. for the Work to be performed. 16. Cost of the Work--See Paragraph 11.01.A for 6. Bidder--The individual or entity who submits definition. 1� a Bid directly to Owner. 17. Drawings--That part of the Contract (� 7. Bidding Documents--The Bidding Documents prepared or approved by Engineer which �1 Requirements and the proposed Contract Documents graphically shows the scope, extent, and character of the (including all Addenda). Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so 8. Bidding Requirements--The Advertisement or defined. Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any 18. Effective Date of the Agreement--The date supplements. 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. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 1 20. Field Order--A written order issued by 32.Progress Schedule--A schedule,prepared and Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and I which does not involve a change in the Contract Price or the Contract Times. duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. I 21. General Requirements--Sections of Division 33. Project The total construction of which the 1 of the Specifications.The General Requirements pertain Work to be performed under the Contract Documents may to all sections of the Specifications. be the whole,or a part. I 22. Hazardous Environmental Condition--The 34. Project Manual--The bound documentary presence at the Site of Asbestos, PCBs, Petroleum, information prepared for bidding and constructing the Hazardous Waste, or Radioactive Material in such Work. A listing of the contents of the Project Manual, I quantities or circumstances that may present a substantial which may be bound in one or more volumes, is danger to persons or property exposed thereto in contained in the tables)of contents. connection with the Work. 35. Radioactive Material--Source, special nude- 23I . Hazardous Waste--The term Hazardous ar,or byproduct material as defined by the Atomic Energy Waste shall have the meaning provided in Section 1004 of Act of 1954 (42 USC Section 2011 et seq.) as amended the Solid Waste Disposal Act (42 USC Section 6903) as from time to time. amended from time to time. I 36.Related Entity--An officer,director,partner, 24. Laws and Regulations;Laws or Regulations- employee,agent,consultant,or subcontractor. -Any and all applicable laws,rules,regulations,ordinanc- 1 es, codes, and orders of any and all governmental bodies, 37. Resident Project Representative The autho- agencies,authorities,and courts having jurisdiction. rized representative of Engineer who may be assigned to the Site or any part thereof. 25. Liens--Charges, security interests, or I encumbrances upon Project funds, real property, or 38. Samples Physical examples of materials, personal property. equipment, or workmanship that are representative of some portion of the Work and which establish the 26.Milestone--A principal event specified in the standards by which such portion of the Work will be I' ' Contract Documents relating to an intermediate comple- judged. tion date or time prior to Substantial Completion of all the Work. 39.Schedule of Submittals--A schedule,prepared and maintained by Contractor, of required submittals and 27. Notice of Award--The written notice by the time requirements to support scheduled performance Owner to the Successful Bidder stating that upon timely of related construction activities. compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the 40. Schedule of Values--A schedule, prepared Agreement. and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used I 28.Notice to Proceed--A written notice given by as the basis for reviewing Contractor's Applications for Owner to Contractor fixing the date on which the Con- Payment. tract Times will commence to run and on which I Contractor shall start to perform the Work under the 41. Shop Drawings All drawings, diagrams, Contract Documents. illustrations, schedules, and other data or information which are specifically prepared or assembled by or for 29. Owner--The individual or entity with whom Contractor and submitted by Contractor to illustrate some I Contractor has entered into the Agreement and for whom portion of the Work. the Work is to be performed. 42. Site--Lands or areas indicated in the Contract 1 30. PCBs--Polychlorinated biphenyls. Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and 31. Petroleum--Petroleum, including crude oil or easements for access thereto, and such other lands any fraction thereof which is liquid at standard conditions furnished by Owner which are designated for the use of I of temperature and pressure (60 degrees Fahrenheit and Contractor. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 43. Specifications--That part of the Contract I kerosene, and oil mixed with other non Hazardous Waste Documents consisting of written requirements for and crude oils. materials, equipment, systems, standards and workmanship as applied to the Work, and Certain EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters but is evidence that the parties expect that the change applicable thereto. ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order 44. Subcontractor--An individual or entity following negotiations by the parties as to its effect, if having a direct contract with Contractor or with any other any,on the Contract Price or Contract Times. Subcontractor for the performance of a part of the Work at the Site. 1.02 Terminology 45. Substantial Completion--The time at which A. The following words or terms are not defined the Work (or a specified part thereof) has progressed to but, when used in the Bidding Requirements or Contract the point where, in the opinion of Engineer, the Work (or Documents,have the following meaning. a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the B.Intent of Certain Terms or Adjectives Work (or a specified part thereof) can be utilized for the purposes for which it is intended.The terms"substantially 1.The Contract Documents include the terms"as complete" and "substantially completed" as applied to all allowed," "as approved," "as ordered", "as directed" or or part of the Work refer to Substantial Completion terms of like effect or import to authorize an exercise of thereof. professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," 46. Successful Bidder--The Bidder submitting a "proper," "satisfactory," or adjectives of like effect or responsive Bid to whom Owner makes an award. import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise 47. Supplementary Conditions--That part of the of professional judgment, action or determination will be Contract Documents which amends or supplements these solely to evaluate, in general, the Work for compliance General Conditions. with the requirements of and information in the Contract Documents and conformance with the design concept of 48. Supplier--A manufacturer, fabricator, suppli- the completed Project as a functioning whole as shown or er, distributor, materialman, or vendor having a direct indicated in the Contract Documents (unless there is a contract with Contractor or with any Subcontractor to specific statement indicating otherwise). The use of any furnish materials or equipment to be incorporated in the such term or adjective is not intended to and shall not be Work by Contractor or any Subcontractor. effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any 49. Underground Facilities--All underground duty or authority to undertake responsibility contrary to pipelines,conduits,ducts,cables, wires,manholes, vaults, the provisions of Paragraph 9.09 or any other provision of tanks,tunnels, or other such facilities or attachments, and the Contract Documents. any encasements containing such facilities, including those that convey electricity, gases, steam, liquid C.Day petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other 1. The word "day" means a calendar day liquids or chemicals,or traffic or other control systems. of 24 hours measured from midnight to the next midnight. 50. Unit Price Work--Work to be paid for on the D.Defective basis of unit prices. 1. The word "defective," when modifying the 51. Work--The entire construction or the various word "Work," refers to Work that is unsatisfactory, separately identifiable parts thereof required to be faulty,or deficient in that it: provided under the Contract Documents. Work includes and is the result of performing or providing all labor, a. does not conform to the Contract Documents, services, and documentation necessary to produce such or construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as b. does not meet the requirements of any required by the Contract Documents. applicable inspection, reference standard, test, or approval referred to in the Contract Documents, 52. Work Change Directive--A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c. has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work,or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies. A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not change the Contract Price or the Contract Times EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 1 IE.Furnish, Install, Perform, Provide or, if a Notice to Proceed is given,on the day indicated in the Notice to Proceed. A Notice to Proceed may be given I 1. The word "furnish," when used in connection at any time within 30 days after the Effective Date of the with services, materials, or equipment, shall mean to Agreement. In no event will the Contract Times com- supply and deliver said services, materials, or equipment mence to run later than the sixtieth day after the day of to the Site(or some other specified location)ready for use Bid opening or the thirtieth day after the Effective Date of Ior installation and in usable or operable condition. the Agreement,whichever date is earlier. 2. The word "install," when used in connection 2.04 Starting the Work with services, materials, or equipment, shall mean to put I into use or place in final position said services, materials, A. Contractor shall start to perform the Work on or equipment complete and ready for intended use. the date when the Contract Times commence to run. No I Work shall be done at the Site prior to the date on which 3.The words "perform"or"provide," when used the Contract Times commence to run. in connection with services,materials,or equipment,shall mean to furnish and install said services, materials, or 2.05 Before Starting Construction I equipment complete and ready for intended use. A. Preliminary Schedules: Within 10 days after 4. When "furnish," "install," "perform,"or "pro- the Effective Date of the Agreement (unless otherwise I vide"is not used in connection with services,materials,or specified in the General Requirements), Contractor shall equipment in a context clearly requiring an obligation of submit to Engineer for timely review: Contractor,"provide"is implied. 1. a preliminary Progress Schedule; indicating I F. Unless stated otherwise in the Contract Docu- ments, the times (numbers of days or dates) for starting and words or phrases which have a well-known completing the various stages of the Work, including any technical or construction industry or trade meaning are Milestones specified in the Contract Documents; used in the Contract Documents in accordance with such 1 recognized meaning. 2.a preliminary Schedule of Submittals;and 3. a preliminary Schedule of Values for all of the ARTICLE 2-PRELIMINARY MATTERS Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to 2.01 Delivery of Bonds and Evidence of Insurance serve as the basis for progress payments during performance of the Work. Such prices will include an A. When Contractor delivers the executed appropriate amount of overhead and profit applicable to counterparts of the Agreement to Owner,Contractor shall each item of Work. also deliver to Owner such bonds as Contractor may be required to furnish. 2.06 Preconstruction Conference I B. Evidence of Insurance: Before any Work at A. Before any Work at the Site is started, a the Site is started, Contractor and Owner shall each conference attended by Owner, Contractor,Engineer, and deliver to the other,with copies to each additional insured others as appropriate will be held to establish a working identified in the Supplementary Conditions,certificates of understanding among the parties as to the Work and to insurance (and other evidence of insurance which either discuss the schedules referred to in Paragraph 2.05.A, of them or any additional insured may reasonably request) procedures for handling Shop Drawings and other which Contractor and Owner respectively are required to submittals, processing Applications for Payment, and purchase and maintain in accordance with Article 5. maintaining required records. 1 2.02 Copies of Documents 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first iprinted or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete I and resubmit the schedules.No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 responsibilities of Owner, Contractor,or Engineer, or any 1. The Progress Schedule will be acceptable to of their subcontractors, consultants, agents, or employees Engineer if it provides an orderly progression of the Work from those set forth in the Contract Documents. No such to completion within the Contract Times. Such acceptance provision or instruction shall be effective to assign to will not impose on Engineer responsibility for the Owner, or Engineer, or any of, their Related Entities, any Progress Schedule, for sequencing, scheduling, or duty or authority to supervise or direct the performance of progress of the Work nor interfere with or relieve the Work or any duty or authority to undertake respon- Contractor from Contractor's full responsibility therefor. sibility inconsistent with the provisions of the Contract I Documents. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable 3.03 Reporting and Resolving Discrepancies arrangement for reviewing and processing the required submittals. A.Reporting Discrepancies 3. Contractor's Schedule of Values will be 1. Contractor's Review of Contract Documents '- acceptable to Engineer as to form and substance if it Before Starting Work:Before undertaking each part of the provides a reasonable allocation of the Contract Price to Work, Contractor shall carefully study and compare the component parts of the Work. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, any conflict, error, ambiguity, or discrepancy which AMENDING,REUSE Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 3.01 Intent 2. Contractor's Review of Contract Documents A. The Contract Documents are complementary; During Performance of Work: If, during the performance what is required by one is as binding as if required by all. of the Work, Contractor discovers any conflict, error, ambiguity,or discrepancy within the Contract Documents B. It is the intent of the Contract Documents to or between the Contract Documents and any provision of describe a functionally complete Project (or part thereof) any Law or Regulation applicable to the performance of to be constructed in accordance with the Contract Docu- the Work or of any standard, specification, manual or i•ments. Any labor, documentation, services, materials, or code, or of any instruction of any Supplier, Contractor equipment that may reasonably be inferred from the shall promptly report it to Engineer in writing. Contractor Contract Documents or from prevailing custom or trade shall not proceed with the Work affected thereby (except usage as being required to produce the intended result will in an emergency as required by Paragraph 6.16.A) until be provided whether or not specifically called for at no an amendment or supplement to the Contract Documents additional cost to Owner. has been issued by one of the methods indicated in Paragraph 3.04. C. Clarifications and interpretations of the , Contract Documents shall be issued by Engineer as 3.Contractor shall not be liable to Owner or provided in Article 9. Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless 3.02 Reference Standards Contractor knew or reasonably should have known thereof. A. Standards, Specifications, Codes, Laws, and Regulations B.Resolving Discrepancies 1. Reference to standards, specifications, 1.Except as may be otherwise specifically stated manuals, or codes of any technical society, organization, in the Contract Documents, the provisions of the Contract 1 or association, or to Laws or Regulations, whether such Documents shall take precedence in resolving any reference be specific or by implication, shall mean the conflict, error, ambiguity, or discrepancy between the standard, specification, manual,code, or Laws or Regula- provisions of the Contract Documents and: tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), a. the provisions of any standard, specification, except as may be otherwise specifically stated in the manual, code, or instruction (whether or not Contract Documents.. specifically incorporated by reference in the Contract Documents);or 2. No provision of any such standard, specification, manual or code, or any instruction-of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 l I I (unless such an interpretation of the provisions sole risk. If there is a discrepancy between the electronic of the Contract Documents would result in viola- files and the hard copies,the hard copies govern. I tion of such Law or Regulation). B. Because data stored in electronic media 3.04 Amending and Supplementing Contract format can deteriorate or be modified inadvertently or Documents otherwise without authorization of the data's creator, the I party receiving electronic files agrees that it will perform A. The Contract Documents may be amended to acceptance tests or procedures within 60 days,after which provide for additions,deletions,and revisions in the Work the receiving party shall be deemed to have accepted the I or to modify the terms and conditions thereof by either a data thus transferred. Any errors detected within the 60- Change Order or a Work Change Directive. day acceptance period will be corrected by the transferring party.. I B. The requirements of the Contract Documents may be supplemented, and minor variations and C. When transferring documents in electronic deviations in the Work may be authorized,by one or more media format, the transferring party makes no of the following ways: representations as to long term compatibility, usability,or I readability of documents resulting from the use of 1. A Field Order; software application packages, operating systems, or computer hardware differing from those used by the I 2. Engineer's approval of a Shop Drawing or data's creator. Sample; (Subject to the provisions of Paragraph 6.17.D.3);or ARTICLE 4 - AVAILABILITY OF LANDS; 3. Engineer's written interpretation or SUBSURFACE AND PHYSICAL CONDITIONS; I clarification. HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents IA. Contractor and any Subcontractor or Supplier 4.01 Availability of Lands or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with A. Owner shall furnish the Site. Owner shall Contractor,shall not: notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the 1. have or acquire any title to or ownership Site with which Contractor must comply in performing rights in any of the Drawings, Specifications, or the Work. Owner will obtain in a timely manner and pay other documents(or copies of any thereof)prepared by or for easements for permanent structures or permanent bearing the seal of Engineer or Engineer's consultants, changes in existing facilities. If Contractor and Owner are I including electronic media editions;or unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or 2. reuse any of such Drawings, Specifications, Contract Times, or both, as a result of any delay in other documents,or copies thereof on extensions Owner's furnishing the Site or a part thereof, Contractor I of the Project or any other project without written consent may make a Claim therefor as provided in Paragraph of Owner and Engineer and specific written verification 10.05. or adaption by Engineer. B. Upon reasonable written request, Owner shall B. The prohibition of this Paragraph 3.05 will furnish Contractor with a current statement of record legal survive final payment, or termination of the Contract. title and legal description of the lands upon which the Nothing herein shall preclude Contractor from retaining Work is to be performed and Owner's interest therein as I copies of the Contract Documents for record purposes. necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with 3.06 Electronic Data applicable Laws and Regulations. IA. Copies of data furnished by Owner or C. Contractor shall provide for all additional Engineer to Contractor or Contractor to Owner or lands and access thereto that may be required for Engineer that may be relied upon are limited to the temporary construction facilities or storage of materials I printed copies (also known as hard copies). Files in and equipment. electronic media format of text, data, graphics, or other types are furnished only for the convenience of the I receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally A. Reports and Drawings: The Supplementary recognized as inherent in work of the character provided Conditions identify: for in the Contract Documents; 1. those reports of explorations and tests of then Contractor shall, promptly after becoming aware subsurface conditions at or contiguous to the Site that thereof and before further disturbing the subsurface or Engineer has used in preparing the Contract Documents; physical conditions or performing any Work in connec- and tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing 2. those drawings of physical conditions in or about such condition. Contractor shall not further disturb relating to existing surface or subsurface structures at or such condition or perform any Work in connection contiguous to the Site (except Underground Facilities) therewith (except as aforesaid) until receipt of written that Engineer has used in preparing the Contract order to do so. Documents. B. Engineer's Review: After receipt of written B. Limited Reliance by Contractor on Technical notice as required by Paragraph 4.03.A, Engineer will Data Authorized: Contractor may rely upon the general promptly review the pertinent condition, determine the accuracy of the"technical data" contained in such reports necessity of Owner's obtaining additional exploration or and drawings, but such reports and drawings are not tests with respect thereto, and advise Owner in writing Contract Documents. Such "technical data" is identified (with a copy to Contractor) of Engineer's findings and in the Supplementary Conditions.Except for such reliance conclusions. on such"technical data,"Contractor may not rely upon or make any claim against Owner or Engineer, or any of C.Possible Price and Times Adjustments their Related Entities with respect to: 1. The Contract Price or the Contract Times, or 1. the completeness of such reports and drawings both, will be equitably adjusted to the extent that the for Contractor's purposes, including, but not limited to, existence of such differing subsurface or physical any aspects of the means, methods, techniques, condition causes an increase or decrease in Contractor's sequences,and procedures of construction to be employed cost of, or time required for, performance of the Work; by Contractor, and safety precautions and programs subject,however,to the following: incident thereto;or a. such condition must meet any one or more of 2. other data, interpretations, opinions, and the categories described in Paragraph 4.03.A; information contained in such reports or shown or and indicated in such drawings;or b. with respect to Work that is paid for on a Unit 3. any Contractor interpretation of or conclusion Price Basis, any adjustment in Contract Price drawn from any "technical data" or any such other data, will be subject to the provisions of Paragraphs interpretations,opinions,or information. 9.07 and 11.03. 4.03 Differing Subsurface or Physical Conditions 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: A.Notice:If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that a. Contractor knew of the existence of such is uncovered or revealed either: conditions at the time Contractor made a final commitment to Owner with respect to Contract 1. is of such a nature as to establish that any Price and Contract Times by the submission of a "technical data"on which Contractor is entitled to rely as Bid or becoming bound under a negotiated provided in Paragraph 4.02 is materially inaccurate;or contract;or 1 2. is of such a nature as to require a change in the b. the existence of such condition could Contract Documents;or reasonably have been discovered or revealed as a result of any examination, investigation, explo- 3. differs materially from that shown or indicated ration, test, or study of the Site and contiguous in the Contract Documents;or 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 I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as promptly review the Underground Facility and determine required by Paragraph 4.03.A. the extent, if any, to which a change is required in the Contract Documents to reflect and document the I3. If Owner and Contractor are unable to agree consequences of the existence or location of the Under- on entitlement to or on the amount or extent, if any, of ground Facility. During such time, Contractor shall be any adjustment in the Contract Price or Contract Times, responsible for the safety and protection of such I or both, a Claim may be made therefor as provided in Underground Facility. Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor 2. If Engineer concludes that a change in the I for any claims, costs, losses, or damages (including but Contract Documents is required, a Work Change not limited to all fees and charges of engineers, architects, Directive or a Change Order will be issued to reflect and attorneys, and other professionals and all court or document such consequences. An equitable adjustment arbitration or other dispute resolution costs) sustained by shall be made in the Contract Price or Contract Times, or I Contractor on or in connection with any other project or both, to the extent that they are attributable to the anticipated project. existence or location of any Underground Facility that was not shown or indicated or not shown or indicated I 4.04 Underground Facilities with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably A.Shown or Indicated:The information and data have been expected to be aware of or to have anticipated shown or indicated in the Contract Documents with If Owner and Contractor are unable to agree on I respect to existing Underground Facilities at or entitlement to or on the amount or extent, if any, of any contiguous to the Site is based on information and data such adjustment in Contract Price or Contract Times, furnished to Owner or Engineer by the owners of such Owner or Contractor may make a Claim therefor as I Underground Facilities, including Owner, or by others. provided in Paragraph 10.05. Unless it is otherwise expressly provided in the Sup plementary Conditions: 4.05 Reference Points 1. Owner and Engineer shall not be responsible A. Owner shall provide engineering surveys to for the accuracy or completeness of any such information establish reference points for construction which in or data;and Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible 2. the cost of all of the following will be for laying out the Work, shall protect and preserve the included in the Contract Price, and Contractor shall have established reference points and property monuments,and full responsibility for: shall make no changes or relocations without the prior I - written approval of Owner. Contractor shall report to a. reviewing and checking all such information Engineer whenever any reference point or property and data, monument is lost or destroyed or requires relocation I because of necessary changes in grades or locations, and b. locating all Underground Facilities shown or shall be responsible for the accurate replacement or indicated in the Contract Documents, relocation of such reference points or property monuments by professionally qualified personnel. I c. coordination of the Work with the owners of such Underground Facilities, including Owner, 4.06 Hazardous Environmental Condition at Site during construction,and A. Reports and Drawings: Reference is made to d. the safety and protection of all such Under the Supplementary Conditions for the identification of ground Facilities and repairing any damage those reports and drawings relating to a Hazardous thereto resulting from the Work. Environmental Condition identified at the Site,if any,that I have been utilized by the Engineer in the preparation of B.Not Shown or Indicated the Contract Documents. 1. If an Underground Facility is uncovered or B. Limited Reliance by Contractor on Technical I revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data"contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not I promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Contract Documents. Such "technical data" is identified the Supplementary Conditions.Except for such reliance Work in connection therewith (except in an emergency as on such "technical data,"Contractor may not rely upon or I required by Paragraph 6.16.A),identify the owner of such make any claim against Owner or Engineer, or any of Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings entitlement to or on the amount or extent, if any, of an for Contractor's purposes, including, but not limited to, adjustment in Contract Price or Contract Times as a result any aspects of the means, methods,techniques, sequences of deleting such portion of the Work, then either party and procedures of construction to be employed by may make a Claim therefor as provided in Paragraph ' Contractor and safety precautions and programs incident 10.05. Owner may have such deleted portion of the Work thereto;or performed by Owner's own forces or others in accordance with Article 7. 2. other data, interpretations, opinions and information contained in such reports or shown or G. To the fullest extent permitted by Laws and indicated in such drawings;or Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the 3. any Contractor interpretation of or conclusion officers, directors, partners, employees, agents, drawn from any "technical data" or any such other data, consultants, and subcontractors of each and any of them interpretations,opinions or information. from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of C. Contractor shall not be responsible for any engineers, architects, attorneys, and other professionals Hazardous Environmental Condition uncovered or re- and all court or arbitration or other dispute resolution vealed at the Site which was not shown or indicated in costs) arising out of or relating to a Hazardous Drawings or Specifications or identified in the Contract Environmental Condition, provided that such Hazardous Documents to be within the scope of the Work. Environmental Condition: (i) was not shown or indicated , Contractor shall be responsible for a Hazardous in the Drawings or Specifications or identified in the Environmental Condition created with any materials Contract Documents to be included within the scope of brought to the Site by Contractor, Subcontractors, the Work, and (ii) was not created by Contractor or by Suppliers, or anyone else for whom Contractor is anyone for whom Contractor is responsible. Nothing in responsible. this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- D. If Contractor encounters a Hazardous quences of that individual's or entity's own negligence. Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous H. To the fullest extent permitted by Laws and Environmental Condition, Contractor shall immediately: Regulations, Contractor shall indemnify and hold (i) secure or otherwise isolate such condition; (ii) stop all harmless Owner and Engineer, and the officers,directors, Work in connection with such condition and in any area partners, employees, agents, consultants, and I affected thereby (except in an emergency as required by subcontractors of each and any of them from and against Paragraph 6.16.A); and (iii) notify Owner and Engineer all claims, costs, losses, and damages (including but not (and promptly thereafter confirm such notice in writing). limited to all fees and charges of engineers, architects, Owner shall promptly consult with Engineer concerning attorneys, and other professionals and all court or the necessity for Owner to retain a qualified expert to arbitration or other dispute resolution costs) arising out of evaluate such condition or take corrective action,if any. or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor E. Contractor shall not be required to resume is responsible. Nothing in this Paragraph 4.06.H shall Work in connection with such condition or in any affected obligate Contractor to indemnify any individual or entity area until after Owner has obtained any required permits from and against the consequences of that individual's or related thereto and delivered to Contractor written notice: entity's own negligence. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or I. The provisions of Paragraphs 4.02, 4.03, and (ii) specifying any special conditions under which such 4.04 do not apply to a Hazardous Environmental Work may be resumed safely. If Owner and Contractor Condition uncovered or revealed at the Site. 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 stop- ARTICLE 5 -BONDS AND INSURANCE page 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. 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice P A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 1 1 111 in Paragraph 13.07, whichever is later,except as provided from claims set forth below which may arise out of or otherwise by Laws or Regulations or by the Contract result from Contractor's performance of the Work and I Documents. Contractor shall also furnish such other Contractor's other obligations under the Contract bonds as are required by the Contract Documents. Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or B. All bonds shall be in the form prescribed by indirectly employed by any of them to perform any of the the Contract Documents except as provided otherwise by Work, or by anyone for whose acts any of them may be Laws or Regulations, and shall be executed by such liable: sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties 1. claims under workers' compensation, I on Federal Bonds and as Acceptable Reinsuring Compa- disability benefits, and other similar employee benefit vies" as published in Circular 570 (amended) by the acts; I Financial Management Service,Surety Bond Branch,U.S. Department of the Treasury. All bonds signed by an agent 2. claims for damages because of bodily injury, must be accompanied by a certified copy of the agent's occupational sickness or disease, or death of Contractor's authority to act. employees; IC. If the surety on any bond furnished by 3. claims for damages because of bodily injury, Contractor is declared bankrupt or becomes insolvent or sickness or disease, or death of any person other than I its right to do business is terminated in any state where Contractor's employees; any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall 4. claims for damages insured by reasonably promptly notify Owner and Engineer and shall, within 20 available personal injury liability coverage which are sus- I days after the event giving rise to such notification, tained: provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and a.by any person as a result of an offense directly 5.02. or indirectly related to the employment of such Iperson by Contractor,or 5.02 Licensed Sureties and Insurers b.by any other person for any other reason; A. All bonds and insurance required by the Contract Documents to be purchased and maintained by 5. claims for damages, other than to the Work Owner or Contractor shall be obtained from surety or itself, because of injury to or destruction of tangible insurance companies that are duly licensed or authorized property wherever located, including loss of use resulting I in the jurisdiction in which the Project is located to issue therefrom;and bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall 6.claims for damages because of bodily injury or I also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. death of any person or property damage arising out of the ownership,maintenance or use of any motor vehicle. 5.03 Certificates of Insurance B. The policies of insurance required by this I Paragraph 5.04 shall: A.Contractor shall deliver to Owner,with copies to each additional insured identified in the Supplementary 1. with respect to insurance required by I Conditions, certificates of insurance (and other evidence Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include of insurance requested by Owner or any other additional as additional insured (subject to any customary exclusion insured) which Contractor is required to purchase and regarding professional liability) Owner and Engineer, and maintain. any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective to each additional insured identified in the Supplementary officers, directors, partners, employees, agents, I Conditions, certificates of insurance (and other evidence consultants and subcontractors of each and any of all such of insurance requested by Contractor or any other additional insureds, and the insurance afforded to these additional insured) which Owner is required to purchase additional insureds shall provide primary coverage for all and maintain. claims covered thereby; I5.04 Contractor's Liability Insurance 2. include at least the specific coverages and be written for not less than the limits of liability provided in A. Contractor shall purchase and maintain such the Supplementary Conditions or required by Laws or liability and other insurance as is appropriate for the Regulations,whichever is greater; Work being performed and as will provide protection EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall 4. include contractual liability insurance at least include insurance for physical loss or damage to covering Contractor's indemnity obligations under the Work, temporary buildings, false work, and materials Paragraphs 6.11 and 6.20; and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, 5. contain a provision or endorsement that the extended coverage, theft, vandalism and malicious coverage afforded will not be canceled, materially mischief, earthquake, collapse, debris removal, III changed or renewal refused until at least 30 days prior demolition occasioned by enforcement of Laws and written notice has been given to Owner and Contractor Regulations, water damage, (other than caused by flood) and to each other additional insured identified in the and such other perils or causes of loss as may be specifi- Supplementary Conditions to whom a certificate of cally required by the Supplementary Conditions; insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to 3. include expenses incurred in the repair or Paragraph 5.03 will so provide); replacement of any insured property (including but not limited to fees and charges of engineers and architects); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be 4. cover materials and equipment stored at the correcting, removing, or replacing defective Work in Site or at another location that was agreed to in writing by accordance with Paragraph 13.07;and Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in 7. with respect to completed operations insur- an Application for Payment recommended by Engineer; ance, and any insurance coverage written on a claims- made basis, remain in effect for at least two years after 5. allow for partial utilization of the Work by final payment. Owner; I a. Contractor shall furnish Owner and each other 6.include testing and startup;and additional insured identified in the Supple- mentary Conditions, to whom a certificate of 7. be maintained in effect until final payment is insurance has been issued, evidence satisfactory made unless otherwise agreed to in writing by Owner, to Owner and any such additional insured of Contractor, and Engineer with 30 days written notice to continuation of such insurance at final payment each other additional insured to whom a certificate of - I and one year thereafter. insurance has been issued. 5.05 Owner's Liability Insurance B. Owner shall purchase and maintain such boiler and machinery insurance or additional property A. In addition to the insurance required to be insurance as may be required by the Supplementary provided by Contractor under Paragraph 5.04, Owner, at Conditions or Laws and Regulations which will include Owner's option, may purchase and maintain at Owner's the interests of Owner, Contractor, Subcontractors, and expense Owner's own liability insurance as will protect Engineer, and any other individuals or entities identified Owner against claims which may arise from operations in the Supplementary Conditions, and the officers, under the Contract Documents. directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is 5.06 Property Insurance deemed to have an insurable interest and shall be listed as an insured or additional insured. A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain C. All the policies of insurance (and the certifi- property insurance upon the Work at the Site in the cates or other evidence thereof) required to be purchased amount of the full replacement cost thereof (subject to and maintained in accordance with Paragraph 5.06 will such deductible amounts as may be provided in the contain a provision or endorsement that the coverage Supplementary Conditions or required by Laws and afforded will not be canceled or materially changed or Regulations).This insurance shall: renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other 1. include the interests of Owner, Contractor, additional insured to whom a certificate of insurance has Subcontractors, and Engineer, and any other individuals been issued and will contain waiver provisions in accor- or entities identified in the Supplementary Conditions, dance with Paragraph 5.07. and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, D. Owner shall not be responsible for purchasing each of whom is deemed to have an insurable interest and and maintaining any property insurance specified in this shall be listed as an insured or additional insured; Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 1 Ideductible amounts that are identified in the Supple- 1. loss due to business interruption, loss of use, mentary Conditions. The risk of loss within such or other consequential loss extending beyond direct I identified deductible amount will be borne by Contractor, physical loss or damage to Owner's property or the Work Subcontractors, or others suffering any such loss, and if caused by, arising out of, or resulting from fire or other any of them wishes property insurance coverage within perils whether or not insured by Owner;and I the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from E. If Contractor requests in writing that other fire or other insured peril or cause of loss covered by any I special insurance be included in the property insurance property insurance maintained on the completed Project policies provided under Paragraph 5.06, Owner shall, if or part thereof by Owner during partial utilization possible, include such insurance, and the cost thereof will pursuant to Paragraph 14.05,after Substantial Completion I be charged to Contractor by appropriate Change Order. pursuant to Paragraph 14.04, or after final payment Prior to commencement of the Work at the Site, Owner pursuant to Paragraph 14.07. shall in writing advise Contractor whether or not such other insurance has been procured by Owner. C. Any insurance policy maintained by Owner I 5.07 Waiver of Rights covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, A. Owner and Contractor intend that all policies damage, or consequential loss, the insurers will have no purchased in accordance with Paragraph 5.06 will protect rights of recovery against Contractor, Subcontractors, or Owner, Contractor, Subcontractors, and Engineer, and all Engineer, and the officers, directors,partners, employees, other individuals or entities identified in the Supple- agents, consultants and subcontractors of each and any of I mentary Conditions to be listed as insureds or additional them. insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of 5.08 Receipt and Application of Insurance Proceeds them) in such policies and will provide primary coverage I for all losses and damages caused by the perils or causes A. Any insured loss under the policies of of loss covered thereby. All such policies shall contain insurance required by Paragraph 5.06 will be adjusted provisions to the effect that in the event of payment of with Owner and made payable to Owner as fiduciary for I any loss or damage the insurers will have no rights of the insureds, as their interests may appear, subject to the recovery against any of the insureds or additional insureds requirements of any applicable mortgage clause and of thereunder. Owner and Contractor waive all rights against Paragraph 5.08.B. Owner shall deposit in a separate each other and their respective officers, directors, account any money so received and shall distribute it in I partners, employees, agents, consultants and accordance with such agreement as the parties in interest subcontractors of each and any of them for all losses and may reach. If no other special agreement is reached, the damages caused by,arising out of or resulting from any of damaged Work shall be repaired or replaced, the moneys I the perils or causes of loss covered by such policies and so received applied on account thereof, and the Work and any other property insurance applicable to the Work; and, the cost thereof covered by an appropriate Change Order. in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities B. Owner as fiduciary shall have power to adjust identified in the Supplementary Conditions to be listed as and settle any loss with the insurers unless one of the insured or additional insured (and the officers, directors, parties in interest shall object in writing within 15 days partners, employees, agents, consultants and after the occurrence of loss to Owner's exercise of this I subcontractors of each and any of them) under such power. If such objection be made, Owner as fiduciary policies for losses and damages so caused. None of the shall make settlement with the insurers in accordance with above waivers shall extend to the rights that any party such agreement as the parties in interest may reach. If no making such waiver may have to the proceeds of such agreement among the parties in interest is reached, I insurance held by Owner as trustee or otherwise payable Owner as fiduciary shall adjust and settle the loss with the under any policy so issued. insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper I B. Owner waives all rights against Contractor, performance of such duties. Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and 5.09 Acceptance of Bonds and Insurance; Option to subcontractors of each and any of them for: Replace IA. If either Owner or Contractor has any objection to the coverage afforded by or other provisions I 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 EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other received from the superintendent shall be binding on party in writing within 10 days after receipt of the Contractor. certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each 6.02 Labor; Working Hours provide to the other such additional information in respect of insurance provided as the other may reasonably A. Contractor shall provide competent, suitably request. If either party does not purchase or maintain all qualified personnel to survey and lay out the Work and of the bonds and insurance required of such party by the perform construction as required by the Contract Docu- Contract Documents, such party shall notify the other ments. Contractor shall at all times maintain good disci- party in writing of such failure to purchase prior to the pline and order at the Site. start of the Work, or of such failure to maintain prior to any change in the required coverage.Without prejudice to B. Except as otherwise required for the safety or any other right or remedy, the other party may elect to protection of persons or the Work or property at the Site obtain equivalent bonds or insurance to protect such other or adjacent thereto, and except as otherwise stated in the party's interests at the expense of the party who was Contract Documents, all Work at the Site shall be required to provide such coverage, and a Change Order performed during regular working hours. Contractor will shall be issued to adjust the Contract Price accordingly. not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written 5.10 Partial Utilization, Acknowledgment of Property consent (which will not be unreasonably withheld) given Insurer after prior written notice to Engineer. A. If Owner finds it necessary to occupy or use a 6.03 Services, Materials, and Equipment portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph A. Unless otherwise specified in the Contract 14.05, no such use or occupancy shall commence before Documents, Contractor shall provide and assume full the insurers providing the property insurance pursuant to responsibility for all services, materials,equipment,labor, Paragraph 5.06 have acknowledged notice thereof and in transportation, construction equipment and machinery, writing effected any changes in coverage necessitated tools, appliances, fuel, power, light, heat, telephone, thereby. The insurers providing the property insurance water,sanitary facilities,temporary facilities,and all other shall consent by endorsement on the policy or policies, facilities and incidentals necessary for the performance, but the property insurance shall not be canceled or testing,start-up,and completion of the Work. permitted to lapse on account of any such partial use or occupancy. 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 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, 6.01 Supervision and Superintendence Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and A. Contractor shall supervise, inspect, and direct quality of materials and equipment. the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as C. All materials and equipment shall be stored, may be necessary to perform the Work in accordance with applied, installed, connected, erected, protected, used, the Contract Documents. Contractor shall be solely cleaned, and conditioned in accordance with instructions responsible for the means, methods, techniques, of the applicable Supplier, except as otherwise may be sequences, and procedures of construction. Contractor provided in the Contract Documents. shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific 6.04 Progress Schedule means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly A. Contractor shall adhere to the Progress required by the Contract Documents. Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided B. At all times during the progress of the Work, below. Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 , 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) 2) it will conform substantially to the I proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- detailed requirements of the item named in the Contract Documents. ments will comply with any provisions of the General Re- quirements applicable thereto. 2.Substitute Items 2. Proposed adjustments in the Progress a. If in Engineer's sole discretion an item of Schedule that will change the Contract Times shall be material or equipment proposed by Contractor I submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by does not qualify as an "or equal" item under Paragraph 6.05.A.1, it will be considered a a Change Order. proposed substitute item. I 6.05 Substitutes and "Or-Equals" b. Contractor shall submit sufficient information as provided below to allow Engineer to A.Whenever an item of material or equipment is determine that the item of material or equipment I specified or described in the Contract Documents by proposed is essentially equivalent to that named using the name of a proprietary item or the name of a and an acceptable substitute therefor. Requests particular Supplier, the specification or description is for review of proposed substitute items of intended to establish the type, function, appearance, and material or equipment will not be accepted by Iquality required. Unless the specification or description Engineer from anyone other than Contractor. contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is c. The requirements for review by Engineer will I permitted, other items of material or equipment or material or equipment of other Suppliers may be be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and submitted to Engineer for review under the circumstances as Engineer may decide is appropriate under the described below. circumstances. I1. "Or-Equal" Items: If in Engineer's sole d. Contractor shall make written application to discretion an item of material or equipment proposed by Engineer for review of a proposed substitute item Contractor is functionally equal to that named and of material or equipment that Contractor seeks to sufficiently similar so that no change in related Work will furnish or use.The application: be required, it may be considered by Engineer as an I "or-equal"item,in which case review and approval of the 1) shall certify that the proposed substi proposed item may, in Engineer's sole discretion, be tute item will: accomplished without compliance with some or all of the requirements for approval of proposed substitute items. a)perform adequately the functions and I For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered achieve the results called for by the general design, functionally equal to an item so named if: I b) be similar in substance to that a. in the exercise of reasonable judgment specified,and Engineer determines that: c) be suited to the same use as that I 1) it is at least equal in materials of specified; construction, quality, durability, appearance, strength,and design characteristics; 2)will state: 1 2) it will reliably perform at least a) the extent, if any,to which the use of equally well the function and achieve the results the proposed substitute item will preju- imposed by the design concept of the completed dice Contractor's achievement of IProject as a functioning whole, Substantial Completion on time; 3)it has a proven record of performance b) whether or not use of the proposed and availability of responsive service;and substitute item in the Work will require I a change in any of the Contract Docu- b. Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other I work on the Project) to adapt the design 1) there will be no increase in cost to to the proposed substitute item;and the Owner or increase in Contract Times,and I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use Documents (or in the provisions of any other direct of the proposed substitute item in con- contract with Owner) resulting from the acceptance of nection with the Work is subject to each proposed substitute. payment of any license fee or royalty; F. Contractor's Expense: Contractor shall 3)will identify: provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. a) all variations of the proposed substitute item from that specified,and 6.06 Concerning Subcontractors, Suppliers, and Others b) available engineering, sales, ' maintenance, repair, and replacement A. Contractor shall not employ any Subcon services; tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 4) and shall contain an itemized esti- 6.06.B), whether initially or as a replacement, against mate of all costs or credits that will result whom Owner may have reasonable objection. Contractor directly or indirectly from use of such substitute shall not be required to employ any Subcontractor, item, including costs of redesign and claims of Supplier, or other individual or entity to furnish or other contractors affected by any resulting perform any of the Work against whom Contractor has change, reasonable objection. B. Substitute Construction Methods or Proce- B. If the Supplementary Conditions require the dures: If a specific means, method, technique, sequence, identity of certain Subcontractors, Suppliers, or other or procedure of construction is expressly required by the individuals or entities to be submitted to Owner in Contract Documents, Contractor may furnish or utilize a advance for acceptance by Owner by a specified date substitute means, method, technique, sequence, or prior to the Effective Date of the Agreement, and if procedure of construction approved by Engineer. Contractor has submitted a list thereof in accordance with Contractor shall submit sufficient information to allow the Supplementary Conditions, Owner's acceptance Engineer, in Engineer's sole discretion, to determine that (either in writing or by failing to make written objection the substitute proposed is equivalent to that expressly thereto by the date indicated for acceptance or objection called for by the Contract Documents. The requirements in the Bidding Documents or the Contract Documents)of for review by Engineer will be similar to those provided any such Subcontractor, Supplier, or other individual or . I in Paragraph 6.05.A.2. entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall C. Engineer's Evaluation: Engineer will be submit an acceptable replacement for the rejected allowed a reasonable time within which to evaluate each Subcontractor, Supplier, or other individual or entity, and proposal or submittal made pursuant to Paragraphs 6.05.A the Contract Price will be adjusted by the difference in the and 6.05.B. Engineer may require Contractor to furnish cost occasioned by such replacement, and an appropriate additional data about the proposed substitute item. Change Order will be issued.No acceptance by Owner of Engineer will be the sole judge of acceptability. No "or any such Subcontractor, Supplier, or other individual or equal" or substitute will be ordered, installed or utilized entity, whether initially or as a replacement, shall consti- until Engineer's review is complete, which will be tute a waiver of any right of Owner or Engineer to reject evidenced by either a Change Order for a substitute or an defective Work. approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative C.Contractor shall be fully responsible to Owner determination. and Engineer for all acts and omissions of the I Subcontractors, Suppliers, and other individuals or D. Special Guarantee: Owner may require entities performing or furnishing any of the Work just as Contractor to furnish at Contractor's expense a special Contractor is responsible for Contractor's own acts and performance guarantee or other surety with respect to any omissions.Nothing in the Contract Documents: substitute. 1. shall create for the benefit of any such E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and , proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer entity,nor approves a substitute item so proposed or submitted by I Contractor, Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 1 or entity except as may otherwise be required by Laws B. To the fullest extent permitted by Laws and and Regulations. Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers,directors, D. Contractor shall be solely responsible for partners, employees, agents, consultants and scheduling and coordinating the Work of Subcontractors, subcontractors of each and any of them from and against Suppliers, and other individuals or entities performing or all claims, costs, losses, and damages (including but not furnishing any of the Work under a direct or indirect limited ttorneys and fees other p charges of rofessionals nand e all architects, court or contract with Contractor. arbitration or other dispute resolution costs) arising out of E. Contractor shall require all Subcontractors, or relating to any infringement of patent rights or Suppliers, and such other individuals or entities per copyrights incident to the use in the performance of the forming or furnishing any of the Work to communicate Work nventt resulting design, process,incorporation p i or hdeWoe not with Engineer through Contractor. specified in the Contract Documents. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not 6.08 Permits control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist G. All Work performed for Contractor by a Contractor, when necessary, in obtaining such permits Subcontractor or Supplier will be pursuant to an appro- licenses. Contractor shall and inspection fees necessary forlthe prosecution priate agreement between Contractor and Subcontractor or Supplier which specifically binds the of the Work which are applicable at the time of opening Subcontractor or Supplier to the applicable terms and of Bids, or, if there are no Bids, on the Effective Date of conditions of the Contract Documents for the benefit of the Agreement. Owner shall pay all charges of utility Owner and Engineer. Whenever any such agreement is owners for connections for providing permanent service with a Subcontractor or Supplier who is listed as an to the Work. additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor 6.09 Laws and Regulations and the Subcontractor or Supplier will contain provisions A. Contractor shall give all notices required by whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other and shall comply with all Laws and Regulations applica- ble or entities identified in the Supplementary ble to the performance of the Work. Except where Conditions to be listed as insureds or additional insureds otherwtions,xpreither required Owner by nora Engineer shall and(and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) responsible for monitoring Contractor's compliance with for all losses and damages caused by, arising out of, any Laws or Regulations. relating to,or resulting from any of the perils or causes of B. If Contractor performs any Work knowing or loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any having reason to know that it is contrary to Laws or such policies require separate waiver forms to be signed Regulations, Contractor shall bear all claims, costs,to all fees by any Subcontractor or Supplier, Contractor will obtain and charges of engineers, architects, attorneys, and other the same. professionals and all court or arbitration or other dispute 6.07 Patent Fees and Royalties resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary A. Contractor shall pay all license fees and responsibility to make certain that the Specifications and royalties and assume all costs incident to the use in the Drawings are in accordance with Laws and Regulations, performance of the Work or the incorporation in the Work but this shall not relieve Contractor of Contractor's of any invention, design, process, product, or device obligations under Paragraph 3.03. which is the subject of patent rights or copyrights held by C. Chan es in Laws or Regulations not known at others. If a particular invention, design, process, product, g or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times. If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract such entitlement adjustment,o a the Claimo may or extent,tmade therefor as as Documents. provided in Paragraph 10.05. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner A. Contractor shall pay all sales, consumer, use, Contractor will subject any endanger the structure, nor shall and other similar taxes required to be paid by Contractor property to stresses or pressures hatlwillVendanger adjacent in accordance with the Laws and Regulations of the place of the Project which are applicable during the 6.12 Record Documents performance of the Work. A. Contractor shall maintain in a safe place at the 6.11 Use of Site and Other Areas Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives,Field A.Limitation on Use of Site and Other Areas Orders, and written interpretations and clarifications in good order and annotated to show changes made during 1. Contractor shall confine construction equip- construction. These record documents together with all ment, the storage of materials and equipment, and the approved Samples and a counterpart of all approved Shop operations of workers to the Site and other areas Drawings will be available to Engineer for reference. permitted by Laws and Regulations, and shall not Upon completion of the Work, these record documents, unreasonably encumber the Site and other areas with Samples, and Shop Drawings will be delivered to Engi- construction equipment or other materials or equipment. neer for Owner. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or 6.13 Safety and Protection occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- 2. Should any claim be made by any such owner tions and programs in connection with the Work. or occupant because of the performance of the Work, Contractor shall take all necessary precautions for the Contractor shall promptly settle with such other party by safety of, and shall provide the necessary protection to negotiation or otherwise resolve the claim by arbitration prevent damage,injury or loss to: or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and by 1. all persons on the Site or who may be affected Regulations, Contractor shall indemnify and hold Y the Work; harmless Owner and Engineer, and the officers, directors, . partners, employees, agents, consultants and be incorporated therein, whether tintsto age onuor off the subcontractors of each and any of them from and against Site;and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, 3.attorneys, and other professionals and all court or including torte s,property shrubs,atlawns,ite walks,acpaveme ts, arbitration or other dispute resolution costs) arising out of roadways, structures, utilities, and Underground Facilities or relating to any claim or action, legal or equitable, not designated for removal, relocation, or replacement in brought by any such owner or occupant against Owner, the course of construction. Engineer,or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance B. Contractor shall comply with all applicable of the Work. Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from B.Removal of Debris During Performance of the damage, injury, or loss; and shall erect and maintain all Work: During the progress of the Work Contractor shall necessary safeguards for such safety and protection. keep the Site and other areas free from accumulations of Contractor shall notify owners of adjacent property and of waste materials, rubbish, and other debris. Removal and Underground Facilities and other utility owners when disposal of such waste materials,rubbish,and other debris prosecution of the Work may affect them, and shall shall conform to applicable Laws and Regulations. cooperate with them in the protection, removal, C. Cleaning: Prior to Substantial Completion of relocation,and replacement of their property. the Work Contractor shall clean the Site and the Work C.and make it ready for utilization by Owner. At the com- referred to 1Paragrapht 6.�13.A.2 or 6.13.A.3 property cause pletion of the Work Contractor shall remove from the Site directly or indirectly, in whole or in part, by Contractor, all tools, appliances, construction equipment and any Subcontractor, Supplier, or any other individual or machinery, and surplus materials and shall restore to entity directly or indirectly employed by any of them to original condition all property not designated for perform any of the Work,or anyone for whose acts any of alteration by the Contract Documents. them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 , ings or Specifications or to the acts or omissions of b. Data shown on the Shop Drawings will be com complete with respect to quantities, dimensions, Owner or Engineer or , or anyone employed by any of ec feed erformance and design criteria, them, or anyone for whose acts any of them may be s P P materials, and similar data to show Engineer the liable, and not attributable,directly or indirectly,in whole services, materials, and equipment Contractor or in part, to the fault or negligence of Contractor or any ro to provide and to enable Engineer to Subcontractor, Supplier, or other individual or entity peoiew oses the information for the limited purposes directly or indirectly employed by any of them). required by Paragraph 6.17.D. D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until 2. Samples: Contractor shall also submit such time as all the Work is completed and Engineer has Samples to Engineer for review and approval in accor- issued a notice to Owner and Contractor in accordance dance with the acceptable schedule of Shop Drawings and with Paragraph 14.07.B that the Work is acceptable Sample submittals. (except as otherwise expressly provided in connection a. Submit number of Samples specified in the with Substantial Completion). Specifications. 6.14 Safety Representative b. Clearly identify each Sample as to material, A. Contractor shall designate a qualified and Supplier,pertinent data such as catalog numbers, the use for which intended and other data as experienced safety representative at the Site whose duties En ineer ma re uir to enable Engineer to review the submittal for the limited purposes and responsibilities shall be the prevention of accidents g y q and the maintaining and supervising.of safety precautions required by Paragraph 6.17.D. and programs. 6.15 Hazard Communication Programs B.Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals A. Contractor shall be responsible for coordi any related Work performed prior to Engineer's review nating any exchange of material safety data sheets or and approval of the pertinent submittal will be at the sole other hazard communication information required to be expense and responsibility of Contractor. made available to or exchanged between or among C.Submittal Procedures employers at the Site in accordance with Laws or Regulations. 1. Before submitting each Shop Drawing or 6.16 Emergencies Sample,Contractor shall have determined and verified: A. In emergencies affecting the safety or protec- a. all field measurements,quantities,dimensions, tion of persons or the Work or property at the Site or specified performance and design criteria, installation requirements, materials, catalog adjacent thereto, Contractor obligated act to prevent numbers, and similar information with respect threatened damage, injury, or loss. Contractor ctor shall give thereto; Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the b. the suitability of all materials with respect to Contract Documents have been caused thereby or are i use, fabrication, shipping, handling, required as a result thereof. If Engineer determines that a intended nter storage, assembly,, f and installation pertaining to change in the Contract Documents is required because of he performance assee yf the Work; the action taken by Contractor in response to such an P emergency, a Work Change Directive or Change Order c. all information relative to Contractor's will be issued. responsibilities for means, methods, techniques, 6.17 Shop Drawings and Samples sequences, and procedures of construction, and safety precautions and programs incident thereto; A. Contractor shall submit Shop Drawings and and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as Shop Drawing or Sample with other Shop required by Paragraph 2.07). Each submittal will be P g identified as Engineer may require. Drawings and Samples and with the requirements of the Work and the Contract 1.Shop Drawings Documents. a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific General Requirements. written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that disagreements with Owner. No Work shall be delayed or submittal. postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or 3. With each submittal, Contractor shall give as Owner and Contractor may otherwise agree in writing. Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements 6.19 Contractor's General Warranty and Guarantee of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's A. Contractor warrants and guarantees to Owner or Sample Submittal; and, in addition, by a specific that all Work will be in accordance with the Contract notation made on each Shop Drawing or Sample submit- Documents and will not be defective. Engineer and its ted to Engineer for review and approval of each such Related Entities shall be entitled to rely on representation variation. of Contractor's warranty and guarantee. D.Engineer's Review B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule 1. abuse, modification, or improper maintenance of Submittals acceptable to Engineer. Engineer's review or operation by persons other than Contractor, Sub- and approval will be only to determine if the items contractors,Suppliers,or any other individual or entity for covered by the submittals will, after installation or whom Contractor is responsible;or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with 2.normal wear and tear under normal usage. the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- C. Contractor's obligation to perform and ments. complete the Work in accordance with the Contract Documents shall be absolute. None of the following will 2. Engineer's review and approval will not constitute an acceptance of Work that is not in accordance extend to means, methods, techniques, sequences, or with the Contract Documents or a release of Contractor's procedures of construction (except where a particular obligation to perform the Work in accordance with the means,method,technique,sequence,or procedure of con- Contract Documents: struction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs 1.observations by Engineer; incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in 2. recommendation by Engineer or payment by which the item functions. Owner of any progress or final payment; 3. Engineer's review and approval shall not 3. the issuance of a certificate of Substantial relieve Contractor from responsibility for any variation Completion by Engineer or any payment related thereto from the requirements of the Contract Documents unless by Owner; Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written 4. use or occupancy of the Work or any part approval of each such variation by specific written thereof by Owner; notation thereof incorporated in or accompanying the Shop Drawing or Sample.Engineer's review and approval 5.any review and approval of a Shop Drawing or shall not relieve Contractor from responsibility for Sample submittal or the issuance of a notice of acceptabil- complying with the requirements of Paragraph 6.17.C.1. ity by Engineer; E.Resubmittal Procedures 6. any inspection,test,or approval by others;or 1. Contractor shall make corrections required by 7.any correction of defective Work by Owner. Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, 6.20 Indemnification new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than A. To the fullest extent permitted by Laws and the corrections called for by Engineer on previous Regulations, Contractor shall indemnify and hold submittals. harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A.Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 1 Iarbitration or other dispute resolution costs) arising out of shall appear on all drawings, calculations, specifications, or relating to the performance of the Work, provided that certifications, Shop Drawings and other submittals I any such claim, cost, loss, or damage is attributable to prepared by such professional. Shop Drawings and other bodily injury,sickness,disease,or death,or to injury to or submittals related to the Work designed or certified by destruction of tangible property (other than the Work such professional, if prepared by others, shall bear such itself), including the loss of use resulting therefrom but professional's written approval when submitted to I only to the extent caused by any negligent act or omission Engineer. of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any C. Owner and Engineer shall be entitled to rely I of them to perform any of the Work or anyone for whose acts any of them may be liable . upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have I B. In any and all claims against Owner or specified to Contractor all performance and design criteria Engineer or any of their respective consultants, agents, that such services must satisfy. officers,directors,partners, or employees by any employ- ee (or the survivor or personal representative of such D. Pursuant to this Paragraph 6.21, Engineer's I employee) of Contractor, any Subcontractor, any review and approval of design calculations and design Supplier, or any individual or entity directly or indirectly drawings will be only for the limited purpose of checking employed by any of them to perform any of the Work, or for conformance with performance and design criteria anyone for whose acts any of them may be liable, the given and the design concept expressed in the Contract indemnification obligation under Paragraph 6.20.A shall Documents. Engineer's review and approval of Shop not be limited in any way by any limitation on the amount Drawings and other submittals(except design calculations or type of damages, compensation,or benefits payable by and design drawings) will be only for the purpose stated I or for Contractor or any such Subcontractor, Supplier, or in Paragraph 6.17.D.1. other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit E. Contractor shall not be responsible for the acts. adequacy of the performance or design criteria required I by the Contract Documents. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of I Engineer and Engineer's officers, directors, partners, ARTICLE 7 OTHER WORK AT THE SITE employees, agents, consultants and subcontractors arising out of: 7.01 Related Work at Site 1.the preparation or approval of,or the failure to prepare or approve, maps, Drawings, opinions, reports, A. Owner may perform other work related to the surveys,Change Orders,designs,or Specifications;or Project at the Site with Owner's employees, or via other I 2. giving directions or instructions, or failing to direct contracts therefor,or have other work performed by utility owners. If such other work is not noted in the Con- give them, if that is the primary cause of the injury or tract Documents,then: I damage. 1. written notice thereof will be given to 6.21 Delegation of Professional Design Services Contractor prior to starting any such other work;and I A. Contractor will not be required to provide 2. if Owner and Contractor are unable to agree professional design services unless such services are on entitlement to or on the amount or extent, if any, of specifically required by the Contract Documents for a any adjustment in the Contract Price or Contract Times portion of the Work or unless such services are required that should be allowed as a result of such other work, a I' to carry out Contractor's responsibilities for construction Claim may be made therefor as provided in Paragraph means, methods, techniques, sequences and procedures. 10.05. Contractor shall not be required to provide professional 111 services in violation of applicable law. B. Contractor shall afford each other contractor who is a party to such a direct contract,each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a I materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting,fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall ARTICLE 8 -OWNER'S RESPONSIBILITIES 1 not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the 8.01 Communications to Contractor others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for A.Except as otherwise provided in these General the benefit of such utility owners and other contractors to Conditions, Owner shall issue all communications to the extent that there are comparable provisions for the Contractor through Engineer. benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 8.02 Replacement of Engineer C. If the proper execution or results of any part A. In case of termination of the employment of 1 of Contractor's Work depends upon work performed by Engineer, Owner shall appoint an engineer to whom others under this Article 7, Contractor shall inspect such Contractor makes no reasonable objection, whose status other work and promptly report to Engineer in writing any under the Contract Documents shall be that of the former III delays, defects, or deficiencies in such other work that Engineer. render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's 8.03 Furnish Data failure to so report will constitute an acceptance of such other work as fit and proper for integration with A. Owner shall promptly furnish the data Contractor's Work except for latent defects and required of Owner under the Contract Documents. deficiencies in such other work. 8.04 Pay When Due 7.02 Coordination A. Owner shall make payments to Contractor A. If Owner intends to contract with others for when they are due as provided in Paragraphs 14.02.0 and the performance of other work on the Project at the Site, 14.07.C. the following will be set forth in Supplementary Condi- tions: 8.05 Lands and Easements;Reports and Tests 1. the individual or entity who will have A. Owner's duties in respect of providing lands authority and responsibility for coordination of the and easements and providing engineering surveys to activities among the various contractors will be identified; establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying 2. the specific matters to be covered by such and making available to Contractor copies of reports of authority and responsibility will be itemized;and explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing 3. the extent of such authority and responsibili- surface or subsurface structures at or contiguous to the ties will be provided. Site that have been utilized by Engineer in preparing the Contract Documents. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole 8.06 Insurance authority and responsibility for such coordination. A. Owner's responsibilities, if any, in respect to 7.03 Legal Relationships purchasing and maintaining liability and property insur- ance are set forth in Article 5. A.Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. 8.07 Change Orders B. Each other direct contract of Owner under A. Owner is obligated to execute Change Orders ll Paragraph 7.01.A shall provide that the other contractor is as indicated in Paragraph 10.03. liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a 8.08 Inspections, Tests, and Approvals result of the other contractor's actions or inactions. A. Owner's responsibility in respect to certain C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 1 i8.09 Limitations on Owner's Responsibilities Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. I A. The Owner shall not supervise,direct,or have control or authority over, nor be responsible for, B. Engineer's visits and observations are subject Contractor's means, methods, techniques, sequences, or to all the limitations on Engineer's authority and procedures of construction, or the safety precautions and responsibility set forth in Paragraph 9.09.Particularly,but programs incident thereto,or for any failure of Contractor without limitation, during or as a result of Engineer's to comply with Laws and Regulations applicable to the visits or observations of Contractor's Work Engineer will performance of the Work. Owner will not be responsible not supervise, direct, control, or have authority over or be is for Contractor's failure to perform the Work in responsible for Contractor's means, methods, techniques, accordance with the Contract Documents. sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any I 8.10 Undisclosed Hazardous Environmental failure of Contractor to comply with Laws and Condition Regulations applicable to the performance of the Work. A. Owner's responsibility in respect to an undis- 9.03 Project Representative I closed Hazardous Environmental Condition is set forth in Paragraph 4.06. A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist I 8.11 Evidence of Financial Arrangements Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such A. If and to the extent Owner has agreed to Resident Project Representative and assistants will be as furnish Contractor reasonable evidence that financial provided in the Supplementary Conditions, and I arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another responsibility in respect thereof will be as set forth in the representative or agent to represent Owner at the Site who I Supplementary Conditions. 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 ARTICLE 9 - ENGINEER'S STATUS DURING Supplementary Conditions. CONSTRUCTION 9.04 Authorized Variations in Work 9.01 Owner's Representative A. Engineer may authorize minor variations in the Work from the requirements of the Contract A. Engineer will be Owner's representative Documents which do not involve an adjustment in the during the construction period. The duties and responsi- Contract Price or the Contract Times and are compatible 1 bilities and the limitations of authority of Engineer as with the design concept of the completed Project as a Owner's representative during construction are set forth functioning whole as indicated by the Contract Docu- in the Contract Documents and will not be changed ments. These may be accomplished by a Field Order and I without written consent of Owner and Engineer. will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or 9.02 Visits to Site Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or IA. Engineer will make visits to the Site at inter both, and the parties are unable to agree on entitlement to vals appropriate to the various stages of construction as or on the amount or extent, if any,of any such adjustment Engineer deems necessary in order to observe as an , a Claim may be made therefor as provided in Paragraph I experienced and qualified design professional the 10.05. progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on 9.05 Rejecting Defective Work information obtained during such visits and observations, 11 Engineer, for the benefit of Owner, will determine, in A. Engineer will have authority to reject Work general, if the Work is proceeding in accordance with the which Engineer believes to be defective, or that Engineer Contract Documents. Engineer will not be required to believes will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents or that will prejudice check the quality or quantity of the Work. Engineer's the integrity of the design concept of the completed efforts will be directed toward providing for Owner a Project as a functioning whole as indicated by the greater degree completed de of confidence that the leted Work will Contract Documents. Engineer will also have authority to P I conform generally to the Contract Documents. On the require special inspection or testing of the Work as basis of such visits and observations, Engineer will keep provided in Paragraph 13.04, whether or not the Work is fabricated,installed,or completed. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 partiality to Owner or Contractor and will not be liable in 9.06 Shop Drawings, Change Orders and Payments connection with any interpretation or decision rendered in good faith in such capacity. A. In connection with Engineer's authority, and limitations thereof,as to Shop Drawings and Samples,see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities B. In connection with Engineer's authority, and A. Neither Engineer's authority or responsibility i III limitations thereof, as to design calculations and design under this Article 9 or under any other provision of the drawings submitted in response to a delegation of Contract Documents nor any decision made by Engineer professional design services,if any,see Paragraph 6.21. in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or ' C. In connection with Engineer's authority as to performance of any authority or responsibility by Change Orders,see Articles 10, 11,and 12. Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to D. In connection with Engineer's authority as to Contractor, any Subcontractor, any Supplier, any other Applications for Payment,see Article 14. individual or entity, or to any surety for or employee or agent of any of them. I 9.07 Determinations for Unit Price Work B.Engineer will not supervise,direct,control,or A. Engineer will determine the actual quantities have authority over or be responsible for Contractor's and classifications of Unit Price Work performed by means, methods, techniques, sequences, or procedures of Contractor. Engineer will review with Contractor the construction, or the safety precautions and programs Engineer's preliminary determinations on such matters incident thereto, or for any failure of Contractor to before rendering a written decision thereon (by comply with Laws and Regulations applicable to the recommendation of an Application for Payment or performance of the Work. Engineer will not be respon- otherwise). Engineer's written decision thereon will be sible for Contractor's failure to perform the Work in final and binding (except as modified by Engineer to accordance with the Contract Documents. I reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of C. Engineer will not be responsible for the acts Paragraph 10.05. or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing 9.08 Decisions on Requirements of Contract any of the Work. Documents and Acceptability of Work D.Engineer's review of the final Application for . i A. Engineer will be the initial interpreter of the Payment and accompanying documentation and all requirements of the Contract Documents and judge of the maintenance and operating instructions, schedules, acceptability of the Work thereunder. All matters in guarantees, bonds, certificates of inspection, tests and question and other matters between Owner and Contractor approvals, and other documentation required to be arising prior to the date final payment is due relating to delivered by Paragraph 14.07.A will only be to determine the acceptability of the Work,and the interpretation of the generally that their content complies with the require- requirements of the Contract Documents pertaining to the ments of, and in the case of certificates of inspections, performance of the Work, will be referred initially to tests, and approvals that the results certified indicate Engineer in writing within 30 days of the event giving rise compliance with the Contract Documents. to the question E. The limitations upon authority and responsi- 1 B. Engineer will, with reasonable promptness, bility set forth in this Paragraph 9.09 shall also apply to, render a written decision on the issue referred. If Owner the Resident Project Representative,if any, and assistants, or Contractor believe that any such decision entitles them if any. 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 ARTICLE 10-CHANGES IN THE WORK;CLAIMS event giving rise to the issues referenced for the purposes of Paragraph 10.05.B. 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A.Without invalidating the Contract and without Contractor,subject to the provisions of Paragraph 10.05. notice to any surety,Owner may,at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be 10.05 Claims performed under the applicable conditions of the Contract I Documents(except as otherwise specifically provided). A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,shall be B. If Owner and Contractor are unable to agree referred to the Engineer for decision. A decision by I on entitlement to,or on the amount or extent,if any,of an Engineer shall be required as a condition precedent to any adjustment in the Contract Price or Contract Times, or exercise by Owner or Contractor of any rights or remedies both,that should be allowed as a result of a Work Change either may otherwise have under the Contract Documents Directive, a Claim may be made therefor as provided in or by Laws and Regulations in respect of such Claims. I Paragraph 10.05. B. Notice: Written notice stating the general 10.02 Unauthorized Changes in the Work nature of each Claim,shall be delivered by the claimant to I Engineer and the other party to the Contract promptly(but A.Contractor shall not be entitled to an increase in no event later than 30 days) after the start of the event in the Contract Price or an extension of the Contract giving rise thereto. The responsibility to substantiate a Times with respect to any work performed that is not Claim shall rest with the party making the Claim. Notice I required by the Contract Documents as amended, modified,or supplemented as provided in Paragraph 3.04, of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to except in the case of an emergency as provided in the Contract within 60 days after the start of such event I Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B. (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 10.03 Execution of Change Orders be prepared in accordance with the provisions of I Paragraph 12.01.B.A Claim for an adjustment in Contract A. Owner and Contractor shall execute appropri Time shall be prepared in accordance with the provisions ate Change Orders recommended by Engineer covering: of Paragraph 12.02.B. Each Claim shall be accompanied I I 1. by claimant's written statement that the adjustment changes in the Work which are: (i) ordered by claimed is the entire adjustment to which the claimant Owner pursuant to Paragraph 10.01.A, (ii) required believes it is entitled as a result of said event. The because of acceptance of defective Work under Paragraph opposing party shall submit any response to Engineer and - 13.08.A or Owner's correction of defective Work under the claimant within 30 days after receipt of the claimant's Paragraph 13.09,or(iii)agreed to by the parties; last submittal(unless Engineer allows additional time). 2. changes in the Contract Price or Contract C. Engineer's Action: Engineer will review each Times which are agreed to by the parties, including any Claim and, within 30 days after receipt of the last undisputed sum or amount of time for Work actually submittal of the claimant or the last submittal of the performed in accordance with a Work Change Directive; opposing party, if any, take one of the following actions Iand in writing: 3. changes in the Contract Price or Contract 1.deny the Claim in whole or in part, Times which embody the substance of any written I decision rendered by Engineer pursuant to Paragraph 2. approve the Claim,or 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such 3. notify the parties that the Engineer is unable to I decision in accordance with the provisions of the Contract resolve the Claim if, in the Engineer's sole discretion, it Documents and applicable Laws and Regulations, but would be inappropriate for the Engineer to do so. For during any such appeal, Contractor shall carry on the purposes of further resolution of the Claim, such notice Work and adhere to the Progress Schedule as provided in shall be deemed a denial. I Paragraph 6.18.A. D.In the event that Engineer does not take action 10.04 Notification to Surety on a Claim within said 30 days, the Claim shall be I deemed denied. A. If notice of any change affecting the general scope of the Work or the provisions of the Contract E. Engineer's written action under Paragraph Documents (including, but not limited to, Contract Price 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or I or Contract Times) is required by the provisions of any 10.05.D will be final and binding upon Owner and bond to be given to a surety,the giving of any such notice Contractor, unless Owner or Contractor invoke the will be Contractor's responsibility. The amount of each dispute resolution procedure set forth in Article 16 within I applicable bond will be adjusted to reflect the effect of 30 days of such action or denial. any such change. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner, who will or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the I Work plus a fee, the Subcontractor's Cost of the Work ARTICLE 11 - COST OF THE WORK; and fee shall be determined in the same manner as ALLOWANCES;UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 1 11.01 Cost of the Work 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, A. Costs Included: The term Cost of the Work surveyors, attorneys, and accountants) employed for means the sum of all costs, except those excluded in services specifically related to the Work. Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When 5.Supplemental costs including the following: the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is a. The proportion of necessary transportation, determined on the basis of Cost of the Work, the costs to travel, and subsistence expenses of Contractor's I be reimbursed to Contractor will be only those additional employees incurred in discharge of duties or incremental costs required because of the change in the connected with the Work. Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by b. Cost, including transportation and mainte- Owner, such costs shall be in amounts no higher than nance, of all materials, supplies, equipment, those prevailing in the locality of the Project,shall include machinery, appliances, office, and temporary only the following items, and shall not include any of the facilities at the Site,and hand tools not owned by costs itemized in Paragraph 11.01.B. the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, 1. Payroll costs for employees in the direct of such items used but not consumed which employ of Contractor in the performance of the Work remain the property of Contractor. under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, c. Rentals of all construction equipment and without limitation, superintendents, foremen, and other machinery, and the parts thereof whether rented . I personnel employed full time at the Site. Payroll costs for from Contractor or others in accordance with employees not employed full time on the Work shall be rental agreements approved by Owner with the apportioned on the basis of their time spent on the Work. advice of Engineer, and the costs of a Payroll costs shall include, but not be limited to, salaries transportation, loading, unloading, assembly, II and wages plus the cost of fringe benefits, which shall dismantling, and removal thereof. All such costs include social security contributions, unemployment, shall be in accordance with the terms of said excise, and payroll taxes, workers' compensation, health rental agreements. The rental of any such equip- and retirement benefits, bonuses, sick leave, vacation and ment, machinery, or parts shall cease when the holiday pay applicable thereto. The expenses of use thereof is no longer necessary for the Work. performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in d. Sales, consumer, use, and other similar taxes the above to the extent authorized by Owner. related to the Work, and for which Contractor is liable,imposed by Laws and Regulations. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of e. Deposits lost for causes other than negligence transportation and storage thereof, and Suppliers' field of Contractor, any Subcontractor, or anyone services required in connection therewith. All cash directly or indirectly employed by any of them or discounts shall accrue to Contractor unless Owner for whose acts any of them may be liable, and deposits funds with Contractor with which to make pay- royalty payments and fees for permits and ments, in which case the cash discounts shall accrue to licenses. Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work,not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph I bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-30 iresulted from causes other than the negligence of be determined as set forth in the Agreement. When the Contractor, any Subcontractor, or anyone value of any Work covered by a Change Order or when a I directly or indirectly employed by any of them or Claim for an adjustment in Contract Price is determined for whose acts any of them may be liable. Such on the basis of Cost of the Work,Contractor's fee shall be losses shall include settlements made with the determined as set forth in Paragraph 12.01.C. I written consent and approval of Owner. No such losses, damages, and expenses shall be included D. Documentation: Whenever the Cost of the in the Cost of the Work for the purpose of Work for any purpose is to be determined pursuant to determining Contractor's fee. Paragraphs 11.01.A and 11.01.B,Contractor will establish I and maintain records thereof in accordance with generally g. The cost of utilities, fuel, and sanitary accepted accounting practices and submit in a form facilities at the Site. acceptable to Engineer an itemized cost breakdown I together with supporting data. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the 11.02 Allowances Site, expresses, and similar petty cash items in I connection with the Work. A. It is understood that Contractor has included in the Contract Price all allowances so named in the i. The costs of premiums for all bonds and Contract Documents and shall cause the Work so covered insurance Contractor is required by the Contract to be performed for such sums and by such persons or Documents to purchase and maintain. entities as may be acceptable to Owner and Engineer. B. Costs Excluded: The term Cost of the Work B. Cash Allowances I shall not include any of the following items: 1.Contractor agrees that: 1. Payroll costs and other compensation of I Contractor's officers, executives, principals (of a. the cash allowances include the cost to partnerships and sole proprietorships), general managers, Contractor (less any applicable trade discounts) safety managers, engineers, architects, estimators, attor- of materials and equipment required by the neys, auditors, accountants, purchasing and contracting allowances to be delivered at the Site, and all Iagents, expediters, timekeepers, clerks, and other applicable taxes;and personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general b. Contractor's costs for unloading and handling administration of the Work and not specifically included on the Site, labor, installation , overhead, profit, in the agreed upon schedule of job classifications referred and other expenses contemplated for the cash to in Paragraph 11.01.A.1 or specifically covered by allowances have been included in the Contract Paragraph 11.01.A.4, all of which are to be considered Price and not in the allowances, and no demand I administrative costs covered by the Contractor's fee. for additional payment on account of any of the foregoing will be valid. 2. Expenses of Contractor's principal and branch I offices other than Contractor's office at the Site. C.Contingency Allowance 3. Any part of Contractor's capital expenses, 1. Contractor agrees that a contingency including interest on Contractor's capital employed for allowance, if any, is for the sole use of Owner to cover I the Work and charges against Contractor for delinquent unanticipated costs. payments. D.Prior to final payment, an appropriate Change 4. Costs due to the negligence of Contractor, any Order will be issued as recommended by Engineer to I Subcontractor, or anyone directly or indirectly employed reflect actual amounts due Contractor on account of Work by any of them or for whose acts any of them may be covered by allowances, and the Contract Price shall be liable, including but not limited to, the correction of correspondingly adjusted. 1 defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to 11.03 Unit Price Work property. A. Where the Contract Documents provide that I 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit expressly included in Paragraphs 11.01.A and 11.01.B. Price Work an amount equal to the sum of the unit price I for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost-plus,Contractor's fee shall the Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract. I Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 allowance for overhead and profit not necessarily in , B. The estimated quantities of items of Unit accordance with Paragraph 12.01.C.2);or Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial 3. where the Work involved is not covered by Contract Price. Determinations of the actual quantities unit prices contained in the Contract Documents and and classifications of Unit Price Work performed by agreement to a lump sum is not reached under Paragraph Contractor will be made by Engineer subject to the 12.01.B.2, on the basis of the Cost of the Work provisions of Paragraph 9.07. (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as C. Each unit price will be deemed to include an provided in Paragraph 12.01.C). amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately C. Contractor's Fee: The Contractor's fee for identified item. overhead and profit shall be determined as follows: D. Owner or Contractor may make a Claim for 1. a mutually acceptable fixed fee;or I an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions 1. the quantity of any item of Unit Price Work of the Cost of the Work: performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated a. for costs incurred under Paragraphs 11.01.A.1 in the Agreement;and and 11.01.A.2, the Contractor's fee shall be 15 I percent; 2. there is no corresponding adjustment with respect any other item of Work;and b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having c. where one or more tiers of subcontracts are on I incurred additional expense or Owner believes that Owner the basis of Cost of the Work plus a fee and no is entitled to a decrease in Contract Price and the parties fixed fee is agreed upon, the intent of Paragraph are unable to agree as to the amount of any such increase 12.01.C.2.a is that the Subcontractor who or decrease. actually performs the Work,at whatever tier,will . I be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs ARTICLE 12 - CHANGE OF CONTRACT PRICE; 11.01.A.1 and 11.01.A.2 and that any higher tier CHANGE OF CONTRACT TIMES Subcontractor and Contractor will each be paid a . i fee of five percent of the amount paid to the next lower tier Subcontractor; 12.01 Change of Contract Price I d. no fee shall be payable on the basis of costs A. The Contract Price may only be changed by a itemized under Paragraphs 11.01.A.4, 11.01.A.5, Change Order. Any Claim for an adjustment in the and 11.01.B; Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the e. the amount of credit to be allowed by other party to the Contract in accordance with the Contractor to Owner for any change which provisions of Paragraph 10.05. results in a net decrease in cost will be the ' amount of the actual net decrease in cost plus a B. The value of any Work covered by a Change deduction in Contractor's fee by an amount equal Order or of any Claim for an adjustment in the Contract to five percent of such net decrease;and Price will be determined as follows: f. when both additions and credits are involved 1. where the Work involved is covered by unit in any one change, the adjustment in prices contained in the Contract Documents, by applica- Contractor's fee shall be computed on the basis tion of such unit prices to the quantities of the items of the net change in accordance with Paragraphs involved (subject to the provisions of Paragraph 11.03); 12.01.C.2.a through 12.01.C.2.e,inclusive. or 12.02 Change of Contract Times Il 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a A. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-32 iby the party making the Claim to the Engineer and the other party to the Contract in accordance with the ' provisions of Paragraph 10.05. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF B. Any adjustment of the Contract Times DEFECTIVE WORK I 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. 13.01 Notice of Defects I 12.03 Delays A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to A. Where Contractor is prevented from Contractor. All defective Work may be rejected, I completing any part of the Work within the Contract corrected,or accepted as provided in this Article 13. Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to 13.02 Access to Work the time lost due to such delay if a Claim is made therefor I as provided in Paragraph 12.02.A. Delays beyond the A. Owner, Engineer, their consultants and other control of Contractor shall include, but not be limited to, representatives and personnel of Owner, independent acts or neglect by Owner, acts or neglect of utility owners testing laboratories, and governmental agencies with ' or other contractors performing other work as contemplat jurisdictional interests will have access to the Site and the ed by Article 7, fires, floods, epidemics, abnormal Work at reasonable times for their observation, weather conditions,or acts of God. inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise 1 B. If Owner, Engineer, or other contractors or them of Contractor's Site safety procedures and programs utility owners performing other work for Owner as so that they may comply therewith as applicable. contemplated by Article 7, or anyone for whom Owner is ' responsible, delays, disrupts, or interferes with the 13.03 Tests and Inspections performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract A. Contractor shall give Engineer timely notice Price or the Contract Times or both. Contractor's of readiness of the Work for all required inspections, I entitlement to an adjustment of the Contract Times is tests,or approvals and shall cooperate with inspection and conditioned on such adjustment being essential to testing personnel to facilitate required inspections or tests. Contractor's ability to complete the Work within the IContract Times. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all C If Contractor is delayed in the performance or inspections, tests, or approvals required by the Contract progress of the Work by fire, flood, epidemic, abnormal Documents except: I weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other 1. for inspections, tests, or approvals covered by causes not the fault of and beyond control of Owner and Paragraphs 13.03.0 and 13.03.D below; I Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such 2. that costs incurred in connection with tests or adjustment is essential to Contractor's ability to complete inspections conducted pursuant to Paragraph 13.04.B the Work within the Contract Times. Such an adjustment shall be paid as provided in said Paragraph 13.04.C;and I shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. 3. as otherwise specifically provided in the Con- tract Documents. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any C. If Laws or Regulations of any public body claims, costs, losses, or damages (including but not having jurisdiction require any Work (or part thereof) limited to all fees and charges of Engineers, architects, specifically to be inspected, tested, or approved by an ' attorneys, and other professionals and all court or employee or other representative of such public body, arbitration or other dispute resolution costs) sustained by Contractor shall assume full responsibility for arranging Contractor on or in connection with any other project or and obtaining,such inspections,tests,or approvals,pay all I anticipated project. costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging I within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, A. If the Work is defective,or Contractor fails to 111 mix designs,or equipment submitted for approval prior to supply sufficient skilled workers or suitable materials or Contractor's purchase thereof for incorporation in the equipment, or fails to perform the Work in such a way Work. Such inspections, tests, or approvals shall be that the completed Work will conform to the Contract performed by organizations acceptable to Owner and Documents, Owner may order Contractor to stop the Engineer. Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner E. If any Work (or the work of others) that is to to stop the Work shall not give rise to any duty on the part be inspected,tested,or approved is covered by Contractor of Owner to exercise this right for the benefit of without written concurrence of Engineer, it must, if Contractor, any Subcontractor, any Supplier, any other requested by Engineer,be uncovered for observation. individual or entity, or any surety for, or employee or I agent of any of them. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 13.06 Correction or Removal of Defective Work Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has A. Promptly after receipt of notice, Contractor not acted with reasonable promptness in response to such shall correct all defective Work, whether or not notice. fabricated, installed, or completed, or, if the Work has been rejected by Engineer,remove it from the Project and 13.04 Uncovering Work replace it with Work that is not defective.Contractor shall pay all claims, costs, losses, and damages (including but I A.If any Work is covered contrary to the written not limited to all fees and charges of engineers,architects, request of Engineer, it must, if requested by Engineer, be attorneys, and other professionals and all court or uncovered for Engineer's observation and replaced at arbitration or other dispute resolution costs) arising out of Contractor's expense. or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of B.If Engineer considers it necessary or advisable others). that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, B. When correcting defective Work under the shall uncover, expose, or otherwise make available for terms of this Paragraph 13.06 or Paragraph 13.07, observation, inspection, or testing as Engineer may Contractor shall take no action that would void or require, that portion of the Work in question, furnishing otherwise impair Owner's special warranty and guarantee, all necessary labor,material,and equipment. if any,on said Work. C. If it is found that the uncovered Work is 13.07 Correction Period _ I defective, Contractor shall pay all claims, costs, losses, II and damages (including but not limited to all fees and A. If within one year after the date of Substantial charges of engineers, architects, attorneys, and other Completion (or such longer period of time as may be professionals and all court or arbitration or other dispute prescribed by the terms of any applicable special resolution costs) arising out of or relating to such guarantee required by the Contract Documents) or by any uncovering, exposure, observation, inspection, and specific provision of the Contract Documents, any Work testing, and of satisfactory replacement or reconstruction is found to be defective,or if the repair of any damages to ' (including but not limited to all costs of repair or the land or areas made available for Contractor's use by replacement of work of others); and Owner shall be Owner or permitted by Laws and Regulations as entitled to an appropriate decrease in the Contract Price.If contemplated in Paragraph 6.11.A is found to be the parties are unable to agree as to the amount thereof, defective, Contractor shall promptly, without cost to , Owner may make a Claim therefor as provided in Owner and in accordance with Owner's written Paragraph 10.05. instructions: D. If, the uncovered Work is not found to be 1.repair such defective land or areas;or III defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or 2.correct such defective Work;or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and 3. if the defective Work has been rejected by reconstruction. If the parties are unable to agree as to the Owner, remove it from the Project and replace it with amount or extent thereof, Contractor may make a Claim Work that is not defective,and therefor as provided in Paragraph 10.05. 4. satisfactorily correct or repair or remove and 13.05 Owner May Stop the Work replace any damage to other Work, to the work of others or other land or areas resulting therefrom. III EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 iB. If Contractor does not promptly comply with 13.09 Owner May Correct De f ective Work the terms of Owner's written instructions, or in an I emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective corrected or repaired or may have the rejected Work re- Work or to remove and replace rejected Work as required I moved and replaced. All claims, costs, losses, and by Engineer in accordance with Paragraph 13.06.A, or if damages (including but not limited to all fees and charges Contractor fails to perform the Work in accordance with of engineers, architects, attorneys, and other professionals the Contract Documents, or if Contractor fails to comply and all court or arbitration or other dispute resolution with any other provision of the Contract Documents, I costs)arising out of or relating to such correction or repair Owner may, after seven days written notice to Contractor, or such removal and replacement (including but not correct or remedy any such deficiency. limited to all costs of repair or replacement of work of I others) will be paid by Contractor. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. C. In special circumstances where a particular In connection with such corrective or remedial action, item of equipment is placed in continuous service before Owner may exclude Contractor from all or part of the I Substantial Completion of all the Work, the correction Site, take possession of all or part of the Work and period for that item may start to run from an earlier date if suspend Contractor's services related thereto,take posses- so provided in the Specifications . sion of Contractor's tools, appliances, construction I equipment and machinery at the Site, and incorporate in D. Where defective Work (and damage to other the Work all materials and equipment stored at the Site or Work resulting therefrom) has been corrected or removed for which Owner has paid Contractor but which are stored and replaced under this Paragraph 13.07, the correction elsewhere. Contractor shall allow Owner, Owner's I period hereunder with respect to such Work will be representatives, agents and employees, Owner's other extended for an additional period of one year after such contractors, and Engineer and Engineer's consultants correction or removal and replacement has been access to the Site to enable Owner to exercise the rights ' satisfactorily completed. and remedies under this Paragraph. E. Contractor's obligations under this Paragraph C. All claims, costs, losses, and damages 13.07 are in addition to any other obligation or warranty. (including but not limited to all fees and charges of The provisions of this Paragraph 13.07 shall not be engineers, architects, attorneys, and other professionals construed as a substitute for or a waiver of the provisions and all court or arbitration or other dispute resolution of any applicable statute of limitation or repose. costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be 13.08 Acceptance of Defective Work charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the A. If, instead of requiring correction or removal Contract Documents with respect to the Work;and Owner I and replacement of defective Work, Owner (and, prior to shall be entitled to an appropriate decrease in the Contract Engineer's recommendation of final payment, Engineer) Price.If the parties are unable to agree as to the amount of prefers to accept it, Owner may do so. Contractor shall the adjustment, Owner may make a Claim therefor as I pay all claims, costs, losses, and damages (including but provided in Paragraph 10.05. Such claims, costs, losses not limited to all fees and charges of engineers, architects, and damages will include but not be limited to all costs of attorneys, and other professionals and all court or repair, or replacement of work of others destroyed or arbitration or other dispute resolution costs)attributable to damaged by correction, removal, or replacement of I Owner's evaluation of and determination to accept such Contractor's defective Work. defective Work(such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work D. Contractor shall not be allowed an extension Ito the extent not otherwise paid by Contractor pursuant to of the Contract Times because of any delay in the this sentence. If any such acceptance occurs prior to performance of the Work attributable to the exercise by Engineer's recommendation of final payment, a Change Owner of Owner's rights and remedies under this Order will be issued incorporating the necessary revisions Paragraph 13.09. I 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 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND so accepted. If the parties are unable to agree as to the COMPLETION 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 14.01 Schedule of Values I paid by Contractor to Owner. A.The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- b. the quality of the Work is generally in accor- , tion for Payment acceptable to Engineer. Progress dance with the Contract Documents (subject to payments on account of Unit Price Work will be based on an evaluation of the Work as a functioning whole the number of units completed. prior to or upon Substantial Completion, to the 111 results of any subsequent tests called for in the 14.02 Progress Payments Contract Documents, to a final determination of quantities and classifications for Unit Price Work I A. Applications for Payments under Paragraph 9.07, and to any other qualifications stated in the recommendation);and 1. At least 20 days before the date established in the Agreement for each progress payment (but not more c. the conditions precedent to Contractor's being I often than once a month), Contractor shall submit to entitled to such payment appear to have been Engineer for review an Application for Payment filled out fulfilled in so far as it is Engineer's and signed by Contractor covering the Work completed as responsibility to observe the Work. of the date of the Application and accompanied by such supporting documentation as is required by the Contract 3.By recommending any such payment Engineer Documents. If payment is requested on the basis of will not thereby be deemed to have represented that: materials and equipment not incorporated in the Work but I delivered and suitably stored at the Site or at another a. inspections made to check the quality or the location agreed to in writing,the Application for Payment quantity of the Work as it has been performed shall also be accompanied by a bill of sale, invoice, or have been exhaustive, extended to every aspect other documentation warranting that Owner has received of the Work in progress, or involved detailed the materials and equipment free and clear of all Liens inspections of the Work beyond the responsi- and evidence that the materials and equipment are bilities specifically assigned to Engineer in the covered by appropriate property insurance or other Contract Documents;or I arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. b. that there may not be other matters or issues between the parties that might entitle Contractor 2. Beginning with the second Application for to be paid additionally by Owner or entitle Payment, each Application shall include an affidavit of Owner to withhold payment to Contractor. Contractor stating that all previous progress payments received on account of the Work have been applied on 4. Neither Engineer's review of Contractor's .. I account to discharge Contractor's legitimate obligations Work for the purposes of recommending payments nor associated with prior Applications for Payment. Engineer's recommendation of any payment, including final payment,will impose responsibility on Engineer: , 1 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. a.to supervise,direct,or control the Work,or B.Review of Applications b. for the means, methods, techniques, I sequences, or procedures of construction, or the 1. Engineer will, within 10 days after receipt of safety precautions and programs incident thereto, each Application for Payment, either indicate in writing a or ' recommendation of payment and present the Application to Owner or return the Application to Contractor c. for Contractor's failure to comply with Laws indicating in writing Engineer's reasons for refusing to and Regulations applicable to Contractor's recommend payment. In the latter case, Contractor may performance of the Work,or ' make the necessary corrections and resubmit the Application. d. to make any examination to ascertain how or for what purposes Contractor has used the I 2. Engineer's recommendation of any payment moneys paid on account of the Contract Price,or requested in an Application for Payment will constitute a representation by Engineer to Owner,based on Engineer's e. to determine that title to any of the Work, observations on the Site of the executed Work as an materials,or equipment has passed to Owner free experienced and qualified design professional and on and clear of any Liens. Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of 5. Engineer may refuse to recommend the whole Engineer's knowledge,information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.02.B.2. Engineer may also refuse ed; to recommend any such payment or, because of subse- I quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 1 00700-36 Iinspections or tests, revise or revoke any such payment 3. If it is subsequently determined that Owner's recommendation previously made, to such extent as may refusal of payment was not justified, the amount I be necessary in Engineer's opinion to protect Owner from wrongfully withheld shall be treated as an amount due as loss because: determined by Paragraph 14.02.C.1. I a. the Work is defective, or completed Work has 14.03 Contractor's Warranty of Title been damaged, requiring correction or replace ment; A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any I b. the Contract Price has been reduced by Application for Payment, whether incorporated in the Change Orders; Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. c. Owner has been required to correct defective Work or complete Work in accordance with 14.04 Substantial Completion Paragraph 13.09;or A. When Contractor considers the entire Work I d. Engineer has actual knowledge of the ready for its intended use Contractor shall notify Owner occurrence of any of the events enumerated in and Engineer in writing that the entire Work is Paragraph 15.02.A. substantially complete(except for items specifically listed I C.Payment Becomes Due by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. 1. Ten days after presentation of the Application B. Promptly after Contractor's notification, , I for Payment to Owner with Engineer's recommendation, Owner, Contractor, and Engineer shall make an the amount recommended will (subject to the provisions inspection of the Work to determine the status of of Paragraph 14.02.D)become due, and when due will be completion. If Engineer does not consider the Work I paid by Owner to Contractor. substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. D.Reduction in Payment C. If Engineer considers the Work substantially I1. Owner may refuse to make payment of the full complete, Engineer will deliver to Owner a tentative amount recommended by Engineer because: certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to a. claims have been made against Owner on the certificate a tentative list of items to be completed or account of Contractor's performance or furnish- corrected before final payment. Owner shall have seven ing of the Work; days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions I b. Liens have been filed in connection with the of the certificate or attached list. If, after considering such Work, except where Contractor has delivered a objections, Engineer concludes that the Work is not specific bond satisfactory to Owner to secure the substantially complete,Engineer will within 14 days after I satisfaction and discharge of such Liens; submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor.If,after c. there are other items entitling Owner to a consideration of Owner's objections, Engineer considers set-off against the amount recommended;or the Work substantially complete, Engineer will within I d. Owner has actual knowledge of the occurrence said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a of any of the events enumerated in Paragraphs revised tentative list of items to be completed or correct- ' 14.02.B.5.a through 14.02.B.5.c or Paragraph ed) reflecting such changes from the tentative certificate 15.02.A. as Engineer believes justified after consideration of any objections from Owner. 2. If Owner refuses to make payment of the full I amount recommended by Engineer, Owner will give D. At the time of delivery of the tentative Contractor immediate written notice (with a copy to certificate of Substantial Completion, Engineer will Engineer)stating the reasons for such action and promptly deliver to Owner and Contractor a written recommen- ' pay Contractor any amount remaining after deduction of dation as to division of responsibilities pending final the amount so withheld. Owner shall promptly pay payment between Owner and Contractor with respect to Contractor the amount so withheld, or any adjustment security, operation, safety, and protection of the Work, thereto agreed to by Owner and Contractor, when maintenance, heat, utilities, insurance, and warranties and I Contractor corrects to Owner's satisfaction the reasons for such action. 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 I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will that the Work is incomplete or defective. Contractor shall I be binding on Owner and Contractor until final payment. immediately take such measures as are necessary to complete such Work or remedy such deficiencies. E. Owner shall have the right to exclude ' Contractor from the Site after the date of Substantial 14.07 Final Payment Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. A.Application for Payment I 14.05 Partial Utilization 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections A. Prior to Substantial Completion of all the identified during the final inspection and has delivered, in I Work, Owner may use or occupy any substantially accordance with the Contract Documents, all maintenance completed part of the Work which has specifically been and operating instructions, schedules, guarantees, bonds, identified in the Contract Documents, or which Owner, certificates or other evidence of insurance certificates of Engineer, and Contractor agree constitutes a separately inspection, marked-up record documents (as provided in functioning and usable part of the Work that can be used Paragraph 6.12), and other documents, Contractor may by Owner for its intended purpose without significant make application for final payment following the interference with Contractor's performance of the procedure for progress payments. I remainder of the Work, subject to the following condi- tions. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: I 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of a. all documentation called for in the Contract the Work which Owner believes to be ready for its Documents, including but not limited to the intended use and substantially complete. If and when evidence of insurance required by Paragraph I Contractor agrees that such part of the Work is 5.04.B.7; substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially b.consent of the surety,if any,to final payment; I complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. c. a list of all Claims against Owner that Contractor believes are unsettled;and 2. Contractor at any time may notify Owner and . I Engineer in writing that Contractor considers any such d. complete and legally effective releases or part of the Work ready for its intended use and substan- waivers (satisfactory to Owner)of all Lien rights tially complete and request Engineer to issue a certificate arising out of or Liens filed in connection with . of Substantial Completion for that part of the Work. the Work. 3. Within a reasonable time after either such 3. In lieu of the releases or waivers of Liens request, Owner, Contractor, and Engineer shall make an specified in Paragraph 14.07.A.2 and as approved by inspection of that part of the Work to determine its status Owner,Contractor may furnish receipts or releases in full of completion. If Engineer does not consider that part of and an affidavit of Contractor that: (i) the releases and the Work to be substantially complete, Engineer will receipts include all labor, services, material, and I notify Owner and Contractor in writing giving the reasons equipment for which a Lien could be filed; and (ii) all therefor. If Engineer considers that part of the Work to be payrolls, material and equipment bills, and other substantially complete, the provisions of Paragraph 14.04 indebtedness connected with the Work for which Owner will apply with respect to certification of Substantial or Owner's property might in any way be responsible have I Completion of that part of the Work and the division of been paid or otherwise satisfied. If any Subcontractor or responsibility in respect thereof and access thereto. Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral I 4. No use or occupancy or separate operation of satisfactory to Owner to indemnify Owner against any part of the Work may occur prior to compliance with the Lien. requirements of Paragraph 5.10 regarding property insurance. B. Engineer's Review of Application and I Acceptance 14.06 Final Inspection 1. If, on the basis of Engineer's observation of I A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 Iunder the Contract Documents have been fulfilled, with the requirements herein and expressly acknowledged Engineer will, within ten days after receipt of the final by Owner in writing as still unsettled. I Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time ARTICLE 15 - SUSPENSION OF WORK AND I Engineer will also give written notice to Owner and TERMINATION Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- 15.01 Owner May Suspend Work I ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the A. At any time and without cause, Owner may necessary corrections and resubmit the Application for suspend the Work or any portion thereof for a period of I Payment. not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which C.Payment Becomes Due Work will be resumed. Contractor shall resume the Work on the date so fixed.Contractor shall be granted an adjust- I 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such mentation, the amount recommended by Engineer, less suspension if Contractor makes a Claim therefor as I any sum Owner is entitled to set off against Engineer's provided in Paragraph 10.05. recommendation, including but not limited to liquidated damages, will become due and, will be paid by Owner to 15.02 Owner May Terminate for Cause Contractor. IA.14.08 Final Completion Delayed The occurrence of any one or more of the following events will justify termination for cause: I A. If, through no fault of Contractor, final 1. Contractor's persistent failure to perform the completion of the Work is significantly delayed, and if Work in accordance with the Contract Documents Engineer so confirms, Owner shall, upon receipt of (including, but not limited to, failure to supply sufficient Contractor's final Application for Payment (for Work skilled workers or suitable materials or equipment or fully completed and accepted) and recommendation of failure to adhere to the Progress Schedule established Engineer, and without terminating the Contract, make under Paragraph 2.07 as adjusted from time to time payment of the balance due for that portion of the Work pursuant to Paragraph 6.04); fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or 2. Contractor's disregard of Laws or Regulations corrected is less than the retainage stipulated in the of any public body having jurisdiction; Agreement, and if bonds have been furnished as required I in Paragraph 5.01, the written consent of the surety to the 3. Contractor's disregard of the authority of payment of the balance due for that portion of the Work Engineer;or fully completed and accepted shall be submitted by I Contractor to Engineer with the Application for such 4. Contractor's violation in any substantial way payment. Such payment shall be made under the terms of any provisions of the Contract Documents. and conditions governing final payment, except that it shall not constitute a waiver of Claims. B. If one or more of the events identified in I 14.09 Waiver of Claims 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: IA. The making and acceptance of final payment will constitute: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, 1. a waiver of all Claims by Owner against appliances, construction equipment, and machinery at the I Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for pursuant to Paragraph 14.06, from failure to comply with trespass or conversion), I the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's 2. incorporate in the Work all materials and continuing obligations under the Contract Documents; equipment stored at the Site or for which Owner has paid and Contractor but which are stored elsewhere,and I2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem 2. expenses sustained prior to the effective date I expedient. of termination in performing services and furnishing labor, materials,or equipment as required by the Contract C. If Owner proceeds as provided in Paragraph Documents in connection with uncompleted Work, plus I 15.02.B, Contractor shall not be entitled to receive any fair and reasonable sums for overhead and profit on such further payment until the Work is completed. If the expenses; unpaid balance of the Contract Price exceeds all claims, I costs,losses,and damages(including but not limited to all 3. all claims, costs, losses, and damages fees and charges of engineers, architects, attorneys, and (including but not limited to all fees and charges of other professionals and all court or arbitration or other engineers, architects, attorneys, and other professionals dispute resolution costs) sustained by Owner arising out and all court or arbitration or other dispute resolution I of or relating to completing the Work,such excess will be costs) incurred in settlement of terminated contracts with paid to Contractor. If such claims, costs, losses, and Subcontractors,Suppliers,and others; and damages exceed such unpaid balance, Contractor shall I pay the difference to Owner. Such claims, costs, losses, 4. reasonable expenses directly attributable to and damages incurred by Owner will be reviewed by termination. Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. B.Contractor shall not be paid on account of loss I When exercising any rights or remedies under this of anticipated profits or revenue or other economic loss Paragraph Owner shall not be required to obtain the arising out of or resulting from such termination. lowest price for the Work performed. I 15.04 Contractor May Stop Work or Terminate D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if A. If, through no act or fault of Contractor, (i) Contractor begins within seven days of receipt of notice the Work is suspended for more than 90 consecutive days t of intent to terminate to correct its failure to perform and by Owner or under an order of court or other public proceeds diligently to cure such failure within no more authority, or (ii) Engineer fails to act on any Application than 30 days of receipt of said notice. for Payment within 30 days after it is submitted, or (iii) I Owner fails for 30 days to pay Contractor any sum finally E. Where Contractor's services have been so determined to be due, then Contractor may, upon seven terminated by Owner, the termination will not affect any days written notice to Owner and Engineer, and provided rights or remedies of Owner against Contractor then Owner or Engineer do not remedy such suspension or , ' existing or which may thereafter accrue. Any retention or failure within that time, terminate the Contract and payment of moneys due Contractor by Owner will not recover from Owner payment on the same terms as release Contractor from liability. provided in Paragraph 15.03. F. If and to the extent that Contractor has B. In lieu of terminating the Contract and provided a performance bond under the provisions of without prejudice to any other right or remedy, if Paragraph 5.01.A,the termination procedures of that bond Engineer has failed to act on an Application for Payment I shall supersede the provisions of Paragraphs 15.02.B, and within 30 days after it is submitted, or Owner has failed 15.02.C. for 30 days to pay Contractor any sum finally determined to be due,Contractor may, seven days after written notice I 15.03 Owner May Terminate For Convenience to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including A. Upon seven days written notice to Contractor interest thereon. The provisions of this Paragraph 15.04 and Engineer, Owner may, without cause and without are not intended to preclude Contractor from making a I prejudice to any other right or remedy of Owner, Claim under Paragraph 10.05 for an adjustment in terminate the Contract. In such case, Contractor shall be Contract Price or Contract Times or otherwise for paid for(without duplication of any items): expenses or damage directly attributable to Contractor's I stopping the Work as permitted by this Paragraph. 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and ARTICLE 16-DISPUTE RESOLUTION I reasonable sums for overhead and profit on such Work; 16.01 Methods and Procedures I A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision I becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. I 00700-40 governed by the Construction Industry Mediation Rules 2. delivered at or sent by registered or certified of the American Arbitration Association in effect as of the mail, postage prepaid, to the last business address known lII Effective Date of the Agreement. The request for to the giver of the notice. mediation shall be submitted in writing to the American Arbitration Association and the other party to the 17.02 Computation of Times Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. A. When any period of time is referred to in the Contract Documents by days, it will be computed to B. Owner and Contractor shall participate in the exclude the first and include the last day of such period.If mediation process in good faith. The process shall be the last day of any such period falls on a Saturday or concluded within 60 days of filing of the request. The Sunday or on a day made a legal holiday by the law of the date of termination of the mediation shall be determined applicable jurisdiction, such day will be omitted from the by application of the mediation rules referenced above. computation. C. If the Claim is not resolved by mediation, 17.03 Cumulative Remedies Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become A. The duties and obligations imposed by these final and binding 30 days after termination of the General Conditions and the rights and remedies available mediation unless, within that time period, Owner or hereunder to the parties hereto are in addition to, and are Contractor: not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which 1. elects in writing to invoke any dispute are otherwise imposed or available by Laws or Regula resolution process provided for in the Supplementary tions, by special warranty or guarantee, or by other Conditions,or provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if epeated 2. agrees with the other party to submit the specifically in the Contract Documents in connection with Claim to another dispute resolution process,or each particular duty, obligation, right, and remedy to which they apply.3. gives written notice to the other party of their intent to submit the Claim to a court of competent 17.04 Survival of Obligations jurisdiction. A. All representations, indemnifications,warran ties, and guarantees made in, required by, or given in ARTICLE 17 -MISCELLANEOUS accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and 17.01 Giving Notice acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. A. Whenever any provision of the Contract Documents requires the giving of written notice,it will be 17.05 Controlling Law deemed to have been validly given if: A. This Contract is to be governed by the law of 1. delivered in person to the individual or to a the state in which the Project is located. member of the firm or to an officer of the corporation for whom it is intended,or 17.06 Headings ' A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 1 1 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 I I 1 43° Bonestroo BIDDER: 0e)2/4-5)9114-47',_i-ec I DOCUMENT 00410 BID FORM 2007 TRAIL AND PARKING LOT IMPROVEMENTS 80 . FILE NO.000055-07146-0 J. OAK PARK HEIGHTS,MINNESOTA COP 2007 ITHIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota I City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082 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 Iwithin 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 Ilonger period of time that Bidder may agree to in writing upon request of Owner. I3.01 In submitting this Bid,Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents,the other related data identified in the IBidding Documents,and the following Addenda,receipt of all which is hereby acknowledged: Addendum No. Addendum Date I IB. 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. IC. 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. ID. 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 I 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. I I000055071460BIDFORM.xIs 00410-1 BID FORM 1 E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Bidder,including applying the specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000055071460BIDFORM.xIs 00410-2 BID FORM 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 Iaccordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions IBidder 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 1 provided,determined as provided in the Contract Documents. I Unit Price Total Price No. Item Units Qty I IPART 1-AUTUMN HILLS PARK TRAILS AND GRADING: LS 1 $ !, > $ 5;6° 2 SITE GRADING 1 MOBILIZATION (� �-7 LS 1 $ 7cc1Cc $ /64000 I I ��^11 3 SUBGRADE EXCAVATION CY 20 $ �1 Q $ I l v,®v I 40 $ q, 2) $ C,OCA,�lCdj 4 GRANULAR BORROW C!/� i 2 f l" 0o TN 95 $ 3% %6 $ 1 J l��ve one 5 AGGREGATE BASE,CLASS 5, 100% I CRUSHED-TRAIL 35 $ 4g 1 ® $ G��Co 6 TYPE LV 4 WEARING COURSE TN MIXTURE(B)-TRAIL $ 730,00 1 7 SILT FENCE,PERMEABLE LF 200 $ 3£, j 8 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ ` /Viit460 $ 47Ag/o0 I MULCH AND DISK ANCHOR $� TOTAL PART 1-AUTUMN HILLS , 5O P PARK TRAILS AND GRADING , 156ta-ifoo IPART 2-SWAGER PARK PARKING y'' LOT: 45 $ 340 $ 35,DC� I 9 SAWING BITUMINOUS PAVEMENT LF �560 P��e $ 7//�` 60 10 REMOVE BITUMINOUS PATH SY 15 $ 1 11 SITE GRADING LS 1 $ "J WC,0C $ J W ib CC) CY 60 $ l i�� $ 579/60 1 12 SUBGRADE EXCAVATION '''] 13 GRANULAR BORROW TN 140 $ !a 5-- $ 105:600 1 I 00410-3 BID FORM 000055071460BIDFORM.xIs I I INo. Item Units Qty Unit Price Total Price I 14 AGGREGATE BASE,CLASS 5, 100% TN 500 $ I 3/ 7O $ 6 /5:oi DO I 15 TYPE CRUSHED 3 NON WEARING COURSE TN 85 $ 5-7i 6'C $ b I i.c MIXTURE(B) 16 TYPE LV 4 WEARING COURSE TN 85 $ i /CV $ 5*7 gel 01C) 17 D412 SURMOUNTABLE CONCRETE LF 365 $ d /i 0..J $ "/ )5. CURB AND GUTTER I 18 BITUMINOUS MATERIAL FOR TACK GAL 40 $ /60 $ f COAT ,n' j 19 24"CONCRETE VALLEY GUTTER LF 35 $ l I c o $ ✓ 1 20 4" SOLID LINE,WHITE PAINT LF 750 $ 65 I;& $ /g 71 5'j I21 PAVEMENT MESSAGE, EA 1 $ !i � $ 9-,,e61 HANDICAPPED SYMBOL-PAINT /22 SIGN PANELS,TYPE C,HIGH SF 2 $ ZCI $ / 1"/ o III INTENSITY �j /9a �� 23 SALVAGE AND REINSTALL SIGN EA 2 $ 1 0 $ / 24 STREET SWEEPER WITH PICKUP HR 5 $ /at 00 $ 50/BROOM WITH OPERATOR / �^ CiC 25 SILT FENCE,PERMEABLE LF 150 $ 31C,5" J 1 L J $ 54/ 71.52.1 1 26 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ )41571/6/)6/0 $ CM U/0 MULCH AND DISK ANCHOR $ _ 2� ,�)(./ I TOTAL PART 2-SWAGER PARK PARKING LOT gel yy I PART 3-SWAGER PARK TRAIL: S. /CO 27 MOBILIZATION LS 1 $ ` 6` $ /e/CO 1 28 REMOVE BITUMINOUS CURB LF 8 $ 3100 $ 2 if,,00 Z6901 f 29 SITE GRADING LS 1 $ Z6901 00 $ G CO/ CC) 1 30 SUBGRADE EXCAVATION CY 15 $ 91 5.6 $ /1/ /5061'"/ /5061 31 GRANULAR BORROW TN 55 $ 9/..D $ o. I o M 32 AGGREGATE BASE,CLASS 5, 100% TN 65 $ )3/ /0 $ 76 350 I 33 CRUSHED-TRAIL �j �� TYPE LV 4 WEARING COURSE TN 20 $ Si O° $ 1 ✓0 0 MIXTURE(B)-TRAIL I I000055071460BIDFORM.xls 00410-4 BID FORM ■ I IUnit Price Total Price I No. Item Units Qty I I34 CONCRETE PEDESTRIAN CURB SF 102 $ 11, 5e $ "1 ✓ /da RAMP / /' 1 35 TRUNCATED DOME PANEL SF 48 $ 39,OL° $ /6OOC 36 4" SOLID LINE,WHITE PAINT LF 120 $ 6)`9.5 $ 30, CO 1 37 SILT FENCE,PERMEABLE LF 50 $ J!00 $ Q790/00 I 38 SEEDING,INCL SEED,FERTILIZER, I MULCH AND DISK ANCHOR AC 0.2 $ - UQi©6) $ q63/6V �/"� TOTAL PART 3-SWAGER PARK $ 7 7L) C� TRAIL PART 4-LINEAR PARK TRAIL: pG� 39 MOBILIZATION LS 1 $ J 11 a° $ 5e 40 CLEAR AND GRUB LS 1 $ 13061,00 $ 1 300, 0 0 41 SITE GRADING LS 1 $ ”00100 00 $ , CO s(3O 1 42 SUBGRADE EXCAVATION CY 40 $ /!5-C) $ 3 8'1'O o 43 GRANULAR BORROW TN 80 $ 6.5-0 5C $ kgo1 o I44 AGGREGATE BASE,CLASS 5, 100% TN 400 $ ) 3 i /0 $ ca Oc7 CRUSHED-TRAIL � �� $ ���n,CO I 45 TYPE LV 4 WEARING COURSE TN 115 $ / C O MIXTURE(B)-TRAIL 2 ^��' 46 SILT FENCE,PERMEABLE LF 100 $ 3/7 $ 37C;6° s QC 1 47 SEEDING,INCL SEED,FERTILIZER, AC 0.5 $ '!gi/Ofe0 $ •),14 f 04/ MULCH AND DISK ANCHOR $ �� Q j��y"� I TOTAL PART 4-LINEAR PARK QQ/// TRAIL IPART 5-OAKGREEN AVENUE N. TRAIL: ) � 48 MOBILIZATION LS 1 $ I ))c()/Oe) $ )I -,�� " c I49 CLEAR AND GRUB LS 1 $ 356 CC $ " 5d/Cie 1 50 REMOVE EXISTING TREE EA 1 $ /‘ c40 $ M/i L1tei 51 SITE GRADING LS 1 $ I Wee CO $ I FJ cc. co i i000055071460BIDFORM.xIs 00410-5 BID FORM I I INo. Item Units Qty Unit Price Total Price I 52 SUBGRADE EXCAVATION CY 20 $ Ch O $ /c/d jc 1 53 GRANULAR BORROW TN 40 $ 7/5-0 $ 3 j, 54 AGGREGATE BASE,CLASS 5, 100% TN 125 $ j3, e $ 1737 5b I CRUSHED-TRAIL �s� 55 TYPE LV 4 WEARING COURSE TN 35 $ C�g,OC $ 3 SQ,ck MIXTURE(B)-TRAIL I 56 CONCRETE PEDESTRIAN CURB RAMP SF 34 $ I, O $ / 53t CIO I 57 TRUNCATED DOME PANEL SF 16 $ 3 069 $ C'a of Oc 58 SALVAGE 9 GE AND REINSTALL SIGN EA 1 $ 1�,��� $ ��,�j 1 59 STREET SWEEPER WITH PICK UP HR 5 $ �� $ ��/�� BROOM WITH OPERATOR 60 SEEDING,INCL SEED,FERTILIZER, SY 800 $ ! i t 5- $ 130.60 I AND WOOD FIBER BLANKET 61 BIOROLL LF 30 $ J; co $ I a ed 1 TOTAL PART 5-OAKGREEN $ 1®� I!�� AVENUE N.TRAIL BASE BID: Q P" �' 55 TOTAL PART 1 -AUTUMN HILLS I an $ JEW.70 PARK TRAILS AND GRADING TOTAL PART 2-SWAGER PARK $ g9)cc71 5/6 PARKING LOT ITOTAL PART 3-SWAGER PARK $ 3 TRAIL / TOTAL PART 4-LINEAR PARK TRAIL $ &2 a. TOTAL PART 5-OAKGREEN AVENUE $ O 0 5'0 N.TRAIL ITOTAL BASE BID n $ 5� P ;�-'r°° q8 ( P'0°( I I I I000055071460BIDFORMxis 00410-6 BID FORM I I INo. Item Units Qty Unit Price Total Price I I ALTERNATE NO.1-OAKGREEN AVENUE N.TRAIL: 62 MOBILIZATION LS 1 $ 9-C OO $Al � O I63 TRAFFIC CONTROL LS 1 s a $ 64 REMOVE AND REPLACE LS 1 $ 'J 71 o, $ 1-I / BITUMINOUS PAVEMENT II 65 SALVAGE AND REINSTALL SIGN EA 2 $ /).5;a° $ ��Q® I 66 REMOVE 12"RCP STORM SEWER LF 34 $ IC,CO $ 31/0160 x PIPE 67 REMOVE 12"FLARED END SECTION EA 1 $ 10400 $ /067,6o 1 68 CONNECT TO EXISTING STORM EA 1 $ 00,6 Q $ � MANHOLE ` I 69 12"RCP STORM SEWER,CLASS 5,0'- LF 36 $ .g:740 $ IciSoo 10'DEEP 70 PRECAST 27"SHALLOW DEPTH EA 1 $ //CC1t $ i`Cner) 1 BEEHIVE 71 IMPROVED PIPE FOUNDATION LF 25 $ g/Oa $ eV.Ojcr, 72 SITE GRADING LS 1 $ 16 9-e1 QQ $ rJ C)150/00 73 SUBGRADE EXCAVATION CY 20 $ 7/9-0 $ 1%166 I 74 GRANULAR BORROW TN 40 $ 7/96 $ 3gO/CV iii 75 AGGREGATE BASE,CLASS 5, 100% TN 135 $ 13190 $ l074/56 7715'` CRUSHED-TRAIL 76 TYPE LV 4 WEARING COURSE TN 35 $ gg/CC1 $ L3 8' 1 MIXTURE(B)-TRAIL 77 CONCRETE PEDESTRIAN CURB SF 68 $ / C� $ ®,.�/L�� RAMP I p�,, I78 TRUNCATED DOME PANEL SF 32 $ -3 5100 $ /I li lle) 79 4"SOLID LINE,WHITE PAINT LF 70 $ 1 $ 17)56 ) I 80 12"SOLID LINE,WHITE PAINT LF 16 $ O y 7 5 $ / /C C 1 81 SALVAGE AND REINSTALL SIGN EA 1 $ 11,5;60 $ f A5/60 82 STREET G� BROOM WITH OPERATOR ICK UP HR 5 $ /�! Co $ ����j C�� I 00005507146OBIDFOR,4 00410-7 BID FORM I I INo. Item Units Qty Unit Price Total Price I I 83 SEEDING,G,INCL SEED,FERTILIZER, SY 500 $ io g..9 $ V5.;00 1 AND WOOD FIBER BLANKET 84 BIOROLL LF 30 $ 5;0 $ /c o,C) 85 PROTECTION OF CATCH BASIN,NON- EA 1 $ 5cc/cc $ 6t1,CO I STREET TOTAL ALTERNATE NO.1- $ -wilt 0 I OAKGREEN AVENUE N.TRAIL v,104111/ i - 6 I ALTERNATE NO.2-SWAGER PARK B • 5q PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE A: 86 LIGHTING FIXTURE EA 2 $ 3.;�aOi 00 $ g4// >ao 1 87 CONCRETE LIGHT POLE BASE EA 2 $ ‘361,e0 $ l)►6 act) Gi7 1 88 1 1/2"PVC CONDUIT LF 175 $ ,j';,65 $ (72'Z-15 1 89 #12 AWG WIRE LF 360 $ Ci /5 $ 31/j/do 90 POLE RISER EQUIPMENT EA 1 $ 73,OC) $ t:73/6° 1 91 #2 AWG WIRE LF 120 $ /,e $ 30i/e6 92 CONCRETE EQUIPMENT PAD EA 1 $ 0-54° $ 0:5/616 1 93 LIGHTING SERVICE CABINET EA 1 $ i'' 9jJ e° $ Wc7C40 I94 HANDHOLE EA 1 $ 1176e° $ li 7or C TOTAL ALTERNATE NO.2- $15;0175 I SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A 1 ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- I LIGHTING FIXTURE TYPE B: 95 LIGHTING FIXTURE EA 2 $ '30 geta0 $ 6 I cc e co I96 CONCRETE LIGHT POLE BASE EA 2 $ ‘3C/ $ /r k CC CO 97 1 1/2"PVC CONDUIT LF 175 $ 5', 5 $ 'Ng 7( I I000055071460BIDFORMxIs 00410-8 BID FORM I I No. Item Units Qty Unit Price Total Price I 1 98 #12 AWG WIRE LF 360 $ or /c $ 30,00 1 99 POLE RISER EQUIPMENT EA 1 $ 4-7340 0 $ (G 73,0O 100 #2 AWG WIRE LF 120 $ j/cc $ 3CoE,OC 1 101 CONCRETE EQUIPMENT PAD EA 1 $ 7&546 $ 5)"c/CO 1 102 LIGHTING SERVICE CABINET EA 1 $ / `//Oc $ 4 59cev 103 HANDHOLE EA I $ /761100 $ 47e/00 I TOTAL ALTERNATE NO.3- $ 15 ;15 SWAGER PARK PARKING LOT I LIGHTING-LIGHTING FIXTURE TYPE B I I I BID SUMMARY: Old) -Cti" ti g�Lit-up. 6 0 Pjbo' I TOTAL BASE BID $aI:55XO - i/il/6',c6 I TOTAL ALTERNATE NO.1- $ )4,147er) OAKGREEN AVENUE N.TRAIL I $4L-5--//z 7.c TOTAL ALTERNATE NO.2- SWAGER PARK PARKING LOT 1 LIGHTING-LIGHTING FIXTURE TYPE A ITOTAL ALTERNATE NO.3- $ /5 3,7J SWAGER PARK PARKING LOT I LIGHTING-LIGHTING FIXTURE TYPE B I I000055071460BIDFORM.xls 00410-9 BID FORM I I 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. I7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on IN ` 1) 20©�7 _ If Bidder Is: An Individual Name(typed or printed): By:Y (SEAL) (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): I 1 Phone No.: Fax No.: I t t t 000055071460BIDFORM.xls 00410-10 BID FORM I A Partnership Partnership Name: (SEAL) ' By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): I Phone No.: Fax No.: A Corporation Corporation Name: 1."(.2 )Ea /APLla / • (SEAL) State of Incorporation: /,!! A4 s T Type(General Business,Professional,Service,Limited Liability): By: EckJa04,14_,Iie, (Signature) Name(typed or printed): JicIi/)'lQ A-- l V b U ^C Title: ' d Y(;1/1 i A I A Attest :t � -d (CORPORATE SEAL) / ignature of Corporate Secretary) Business Street Address(No P.O.Box#'s): ) 500 r t)/)sC,d l R ) r � J.fieei,h-Al f J'4/14 901/3 1 yi VP/ Csi 3‘Z5I7. Phone No.: Fax No.: t 000055071460BIDFORM.xis 00410-11 BID FORM I A Joint Venture I Joint Venture Name: , (SEAL) By: Name(typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) I By: (Signature) Name(typed or printed): I Title: Business Street Address(No P.O.Box(Signature#'s): of joint venture partner) 1 IPhone No.: Fax No.: IPhone and Fax Number,and Address for receipt of official communications: I (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 000055071460BIDFORMxIs 00410-12 BID FORM I I THE AMERICAN INSTITUTE OF ARCHITECTS MA Document A370 i Bid Bond I KNOW ALL MEN BY THESE PRESENTS, that we TOWER ASPHALT, INC. 15001 Hudson Road (Here insert full name and address or legal title of Contractor) Lakeland, MN 55043 as Principal, hereinafter called the Principal, and . rEDERAL INSURANCE COMPANY II 15 -Mountain View Road (Here insert full name and address or legal title of Surety) Warren, NJ 07061 a corporation duly organized under the laws of the State of Indiana I as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF OAK PARK HEIGHTS, MN II as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5%) OF TOTAL AMOUNT OF BID Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind II 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) ' 2007 Trail and Parking Lot Improvements IINOW, 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 II 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. 1I Signed and sealed this 22nd day of March 2007 TOWER ASPHALT INC. _A- LA 4'1 /:--4 . 0'_Jig% (Princip,, (Seal)411, (Witness) B " �� (Title) resident I Mike Lee' FEDERAL INSURANCE COMPANY IIQ 9) " (Seal)(Witness) 4 ø �� + n E. Tauer (Tale) Attorney-in-Fact II 1 AIA DOCUMENT A310• BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 1 Printed on Recycled Paper 9/93 II II ACKNOWLEDGMENT OF CORPORATION IIState of MINNESOTA ) II ) ss. On this 22nd day of March 20 07 County of HENNEPIN ) before me appeared Mike Leuer to me personally known, who, being by me duly sworn, did say that he is the President IIof TOWER ASPHALT, INC. a corporation, that the seal affixed to the foregoing instrument is the I corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by IIauthority of its Board of Directors; and that said Mike Leuer acknowledged said instrument to be the free act and deed of said corporation. II il....4114.1 ('I I v I ik OLE JLSON Notary Public County, ,-) t O1 r,;PUCLIC M INNF.SOTA My commission expires �A ° ,., C -.m Ss+cn Frpucs Jan 31,2010 ti /�JMMM�MIV M I IACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 22nd day of March 20 07 County of HENNEPIN ) before me appeared John E. Tauer Ito me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of FEDERAL INSURANCE COMPANY IIcorporation, 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 Ithat said John E. Tauer acknowledged said instrument to be the free act and deed of said corporation. I 1kAf!4'(L t NK )LE v SON . Notary Public County,rU I is r irnESOTA I ''•,,, ,,,,,r- yr rCl ,: caprESJan 3120 K My commission expires I I POWER Federal Insurance Company Attn: Surety Department Chubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 HUBS now All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Mary L. Charles, R. Scott gginton, R.W. Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen, Donald R.Olson, John E. Tauer and Bruce N.Telander of Minneapolis, IIIach as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety ereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any struments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested Iese presents and affixed their corporate seals on this 8th day of March,2005 / i / /.),... "----- `�' Jo ' ".Smith,Vice Presi OF C.Wendel,Assistant Secretary STATE OF NEW JERSEY `� ss. ounty of Somerset n this 8th day of March,2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which ecufed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL x L SURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the regoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in lieponent's presence. otarial Seal yCSTEPHEN B.BRADT I • NO 2321097 _` ��Notary Public Corrxnission Expir..Oct.45,2009 W�t:A� CERTIFICATION Ixtract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The Isignature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." ,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that I (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. I iven under my hand and seals of said Companies at Warren,NJ this March 22, 2007 / Mov; ►r f r,,,SOMA'ce 35 00 �,3�avowfo�'�� � co,� , J KjY 4,4- :—? *• ,gti\ ` *WO** / iKenneth .Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER i MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety @chubb.com 'Form 15-10-0225B-U (Ed.5-03) CONSENT I 1 DOCUMENT 00520 IAGREEMENT FORM THIS AGREEMENT is by and between the City of Oak Park Heights, Minnesota (hereinafter called Owner) I and Tower Asphalt, Inc. (hereinafter called Contractor). IOwner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: trail and parking lot improvements. IARTICLE 2—THE PROJECT I 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: 2007 Trail and Parking Lot Improvements Project for the City of Oak Park Heights, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 I (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 Icompletion of the Work in accordance with the Contract Documents. ARTICLE 4- CONTRACT TIMES I4.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and IA. readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. I4.02 Dates for Substantial Completion, and Final Payment A. Swager Park Trail and Parking Lot: The bituminous trail, parking lot, and Site grading shall Ibe completed on or before June 30, 2007. B. Linear Park Trail: The bituminous trail and Site grading shall be completed on or before I June 30, 2007. C. Oakgreen Avenue Trail: The bituminous trail and Site grading shall be completed on or I before June 30, 2007. D. Oakgreen Avenue Trail — Alternative 1: The bituminous trail and Site grading shall be completed on or before June 30, 2007. I 000055-07146-0 AGREEMENT FORM ©2007 Bonestroo 00520-1 I I E. Autumn Hills Park: The bituminous trails shall be completed on or before November 15, 1 2007. F. All of the Work at each location of the Project shall be completed and ready for Final I Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 29, 2007. I4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that I Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration I 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 $200.00 for each day that expires after the time I 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, I Contractor shall pay Owner $300.00 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. IARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract I Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Ninety-Three Thousand Seven Hundred Five Dollars and Seventy-Five Cents ($93,705.75) for the Total Base Bid and Alternate No. 3. IARTICLE 6 - PAYMENT PROCEDURES I6.01 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 IConditions. I6.02 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 IParagraphs 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 IGeneral Requirements: I 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 I 000055-07146-0 ©2007 Bonestroo 00520-2 AGREEMENT FORM I I and less such amounts as Engineer may determine or Owner may withhold, including but not Ilimited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). Ib. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). I2. 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 I shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 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 ICompletion. 6.03 Final Payment IA. 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 iEngineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST I7.01 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. IARTICLE 8 - CONTRACTOR'S REPRESENTATIONS I 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: I A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. I 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. I 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. I 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have I been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the IGeneral Conditions. 1 000055-07146-0 ©2007 Bonestroo 00520-3 AGREEMENT FORM I ined and carefully studied (or assumes responsibility for having done explorations, tests, studies, and data so) all additional or supplementary examinations, investigations, p ' 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 Contractor, ' including applying the specific means, mea�dDocumelats to sequences, and procedures of safety if any, expressly required by the Cont precautions and programs incident thereto. F. 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 ' E. Contractor has obtained y 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 correlated the information known to Contractor, information and ' observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. Contractor has givengeredrin thee Co tract Documents, and and therswr'tteblgesolution discrepancies that Contractor has d i s co ' thereof by Engineer is acceptable to Contractor. J. 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: This Agreement. I1. 2. 3. Performance Bond, Payment Bond, and other Bonds. General Conditions. 4. Supplementary Conditions. ' 5. Specifications. 6. Drawings bearing the following general title: 2007 Trail & Parking Lot Improvements. 7. Addendum (None). ' 000055-07146-0 AGREEMENT FORM ©2007 Bones troo 00520-4 1 8. Exhibits to this Agreement (enumerated as follows): 1 a. Contractor's Bid Form. ' b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. ' b. Work Change Directives. ' c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as ' expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. ' D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ' ARTICLE 10- MISCELLANEOUS ' 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions ' and the Supplementary Conditions. 10.02 Assignment of Contract ' A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, ' specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no ' assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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. 9 9 ' 000055-07146-0 ©2007 Bonestroo 00520-5 AGREEMENT FORM I I 10.04 Severability IA. Any provision or part of the Contract Documents any Law or Regulation shall be deemed stricken and ll emaini g 1provsionss shall continue to be valid Iand 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. ' 000055-07146-0 ©2007 Bonestroo 00520-6 AGREEMENT FORM I I. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents Ihave been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on April 9 , 2007 (which is the Effective Date of the IAgreement). Owner: Contractor: ICi of a a ,'.rkH:,e. ,uinnesota TowerAs•halt Inc. i I Orldk By: �' a By: . M Mike ,_r Pres' +en ` Attes gln, 12 k . Au& ► i \• Attest _ lug. e Address f.� giving notices: Address f ivin n'� is _ g es. p.0. 4 2007 I ,;, ..� 0(.) /NMI /// 4"....) I s- - I License No. (Where applicable) IDesignated Representative: Designated Representative: Name: Name: Title: Title: IAddress: Address: Phone: Phone: IFacsimile: Facsimile: I END OF DOCUMENT i 000055-07146-0 ©2007 Bonestroo 00520-7 AGREEMENT FORM A I PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. I CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business): ITOWER ASPHALT, INC. FEDERAL INSURANCE COMPANY 15001 Hudson Rd. , Lakeland, MN 55043 15 Mountain View Road OWNER(Name and Address): Warren, NJ 07061 CITY OF OAK PARK HEIGHTS , 14168 Oak Park Blvd. Oak Park Heights, MN 55082 CONTRACT IDate: April 9, 2007 Amount:$93,705.75 Ninety Three Thousand Seven Hundred Five and 75/100 Description(Name and Location): 2007 Trail and Parking Lot Improvements Project I BOND IBond Number: 8206-87-89 Date (Not earlier than Contract Date): April 9, 2007 Amount:$93,705.75 Ninety Three Thousand Seven Hundred Five and 75/100 ' Modifications to this Bond Form: none Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. ICONTRACTOR AS PRINCIPAL SURETY Company: TOWER ASPHALT, I�/p ISignature / ,,d.Jr Seal) FEDERAL INSURANCE COMPANY (Seal) Name and Title: 'Leuer, President Surety's N• e an. Corpora •—Th By: /'/ I Signa e al Title John E. Tauer, (A .• . P. er of Attorney) Attorney—in—Fact I (Space is provided below for signatures of additional parties,if required.) / '‘\ Attest: v jb� '' ►,j i ii Signature and itle Nicole Olson, Surety Acct. Rep. ICONTRACTOR AS PRINCIPAL SURETY Company: ISignature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal I By: Signature and Title (Attach Power of Attorney) IAttest: Signature and Title: IEJCDC No.C.610(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General Contractors of America,and the American Institute of Architects. I 00610-0 I • 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 Business): IITOWER ASPHALT, INC. FEDERAL INSURANCE COMPANY 15001 Hudson Rd. , Lakeland, MN 55043 15 Mountain View Road OWNER(Name and Address): ICITY OF OAK PARK HEIGHTS Warren, NJ 07061 14168 Oak Park Blvd. , Oak Park Heights, MN 55082 CONTRACT Date: April 9, 2007 Amount:$93,705.75 Ninety Three Thousand Seven Hundred Five and 75/100 Description(Name and Location): 2007 Trail and Parking Lot Improvements Project BOND Bond Number: 8206-87-89 Date (Not earlier than Contract Date): April 9, 2007 Amount:$93,705.75 Ninety Three Thousand Seven Hundred Five and 75/100 Modifications to this Bond Form:none ISurety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side her this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. eof, do each cause CONTRACTOR AS PRINCIPAL SURETY Company: TOWER ASPHALT, INC. ' Signature _ __ Seal FEDERAL INSURANCE COMPANY Name and Title: M' ! ' Leuer, President Surety's Na ,d orporate Seal (Seal) By: 41/ P Signa e . dTitle John E. Tauer, (Attay 'ower of Attorney) Attorney—in—Fact (Space is provided below for signatures of additional I parties, if required.) Attest: 1 , ,,,!,i Signature and Title Nicole Olson, Surety Acct. Rep. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) Name and Title: (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) I Attest: Signature and Title: IEJCDC No.C-615(2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America,the American Institute of Architects,the American Subcontractors Association,and the Associated Specialty Contractors. I I00615.0 - I IIACKNOWLEDGMENT OF CORPORATION II State of MINNESOTA ) ss. On this 9th day of April 20 07 County of HENNEPIN ) before me appeared Mike Leuer I to me personally known, who, being by me duly sworn, did say that he is the President of TOWER ASPHALT, INC. a corporation, that the seal affixed to the foregoing instrument is the I corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) I and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Mike Leuer acknowledged said instrument to be the free act and deed of said I corporation. 0 17, rutp,6 ut ,..)'t, II Notary Public County, My commission expires II IIACKNOWLEDGMENT OF CORPORATE SURETY IIState of MINNESOTA ) ) ss. On this 9th day of April 20 07 ' County of HENNEPIN ) before me appeared John E. Tauer to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact Iof FEDERAL INSURANCE COMPANY corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed I in behalf of said corporation by authority of its Board of Directors; and that said John E. Tauer acknowledged said instrument to be the free act and deed of said Icorporation. II NotaryPublic County, My commission expires I I I Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 I CHUBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Mary L. Charles, R. Scott Egginton, R.W. Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen, Donald R. Olson, John E. Tauer and Bruce N.Telander of Minneapolis, IMinnesota--------------_ each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety I thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any I instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 8th day of March,2005 I /21,1.-1-Li Kenneth C.Wendel,Assistant Secretary Jop 0Smith,Vice PresiAgir STATE OF NEW JERSEY L.----./ ss. County of Somerset IOn this 8th day of March,2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL IINSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in deponent's presence. INotarial Seal f4:NT,;:1: : d Notary STEPHEN B.�f Ik,Soto of Now Jetty, ,yPUBL1G NO.2321097 ��t _ �.A ��,� Corrrrr►i»ion Expires Oct. ZS, 9 Notary Public CERTIFICATION I Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any I Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company I with respect to any bond or undertaking to which it is attached." I, with C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, I (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. IGiven under my hand and seals of said Companies at Warren,NJ this April 9, 2007 ysdaai'sc �od+k+rr r d'`'V oe 00 3�3�voa'fe �\I I� 11 cos I " ;> ". __- T _.�,�KJ*TY + YORt / IKenneth C.Wendel,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER I MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety @chubb.com IForm 15-10-0225B-U (Ed.5-03) CONSENT 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.corn March 23, 2007 Bonestroo Honorable Mayor and City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Re: 2007 Trail and Parking Lot Improvements Project File No. 000055-07146-0 Bid Results Bids were opened for the Project stated above on Thursday, March 22, 2007. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of five Bids. The following summarizes the results of the Bids received: Alternate Alternate Alternate Contractor Bid Amount No. 1 No. 2 No. 3 Low Tower Asphalt, Inc. $78,446.00 $25,416.00 $15,599.75 $15,259.75 #2 T. A. Schifsky& Sons, Inc. $81,671.40 $25,903.40 $16,815.50 $17,215.50 #3 Miller Excavating, Inc. $94,515.25 $27,359.00 $15,470.00 $15,270.00 #4 Hardrives, Inc. $113,322.85 $28,698.00 $16,288.90 $15,948.90 #5 Jay Bros., Inc. $132,131.30 $26,815.80 $24,520.50 $24,177.60 The low Bidder on the Project was Tower Asphalt, Inc. with a Base Bid of$78,446. This compares to the Engineer's Estimate of$98,200. 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 Tower Asphalt, Inc. should be awarded the Project on the Base Bid Amount of$78,446. Should you have any questions, please feel free to contact me at (651) 604-4815. Sincerely, BONESTROO ..,4) 4/4/ Dennis Postler, P.E. 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S minutes Originating Department/Requestor Engineering/ Dennis Postler Requester's Signature Action Requested Consider Approving Lowest Responsible Bid&Awarding Project Background/Justification (Please indicate any previous action,financial implications including budget information and recommendations). The City Council previously authorized Engineering to advertise for bids the City's 2007 Trails & Parking Lot Improvements Project. Bids were opened on Thursday, March 22, 2007 at 10:00 a.m. A bid results letter and bid tabulations are attached for your information. The low bidder on the project is Tower Asphalt, Inc., with a base bid of $78,446.00. The base bid includes the bituminous pathways for Autumn Hills Park Shelter, Swager Park, Linear Park and Oakgreen Avenue N. (from the Linear Park Trail to 56th Street N.), and the parking lot improvements at Swager Park. Three alternates were also included in the bidding process. These are noted as follows: • Alternate No. 1 — Oakgreen Avenue N.Trail(56th St.N.to 55th St. N.). Bid = $25,416.00 • Alternate No. 2-Swager Park Pkg. Lot Lighting(Type A— Hat Box). Bid = $15,599.75 • Alternate No. 3 —Swager Park Pkg. Lot Lighting(Type B —Shoe Box). Bid = $15,259.75 The City Council should determine if they wish to award the project to the lowest responsible bidder, and which alternates will be included, if any. Please note that if the Council wishes to include lighting for the Swager Park Parking Lot, only one of Alternate 2 or Alternate 3 would be utilized (not both). The base bids and all three alternates'bids compared favorably/closely with the Engineer's Estimates. Engineering fees for all base bid and alternate items for plans/specifications/estimates preparation, permitting with the MSC-WMO and private utility coordination, are approximately $35,900 through the bidding process. We estimate construction services (staking, inspection, administration, record plans)will be approximately$12,000. Anderson Windows is providing $50,000 towards the funding for Swager Park Trail. Any additional funding for the parking lot and other trails will be coming from either Budgeted Projects and/or Park Dedication funds. If these improvements are awarded at this Council Meeting, we will coordinate getting the contracts signed and processed by the contractor, and anticipate construction commencing in late April with substantial completion of all improvements targeted by June 3o, 2007, with the exception of the Autumn Hills Park Shelter trails which are to be completed after substantial completion of the shelter and no later than November 15, 2007. . K:\55\5507146\Word\Work_In_Progress\COUNCIL ACTION REQ fonn_3-27-07.doc W A MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION 1 3 8 0 WEST FRONTAGE ROAD , HIGHWAY 36 ■ ° " ""° S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 651 . 275 . 1136 x 2 2 f a x 651 . 2 7 5 . 1 254 www . mscwmo . org Tap March 14, 2007 Mscw iakeimd Tap Eric Johnson, Administrator City of Oak Park Heights "� 14168 Oak Park Blvd. N PO Box 2007 Oak Park Heights,MN 55082 RE: 2007 Trail&Parking Lot Improvements Project,MSCWMO Review Comments Dear Mr.Johnson, The Middle St. Croix Watershed Management Organization (MSCWMO) received submittal items for the proposed 2007 Trail & Parking Lot Improvements project, located within MSCWMO boundaries and in the city of Oak Park Heights, Minnesota. According to the MSCWMO 2006 Watershed Management Plan (WMP), any project undertaking grading, filling, or other land alteration activities which involve movement of earth or removal of vegetation on greater than 10,000 square feet of land will be referred to the MSCWMO for full review (2006 WMP, Section 6.2.1). Because the proposed project qualifies for full review under the 2006 WMP,the following WMP Policies and Performance Standards apply: WMP Section(s) Policy or Performance Standard 2007 Trail & Parking Lot Improvements Project—Comments Direct discharge of stormwater to wetlands and Project,as submitted,is compliant with this 5.1.4,Policy Item 1 all other water bodies without water quality policy. treatment is prohibited. Sources of water pollution shall be identified Project,as submitted,is compliant with this through the MSCWMO data collection program policy. Sources of water pollution for this site and corrected through the application of BMPs. include erosion/sedimentation issues during 5.1.4,Policy Item 2 construction,and increased impervious areas after construction is complete. BMPs will be applied based on other policies and performance standards of the MSCWMO. All hydrologic studies shall analyze the 2-, 10- Project,as submitted,is compliant with this and 100-year rainfall event,with the critical policy. duration defined as that event causing either the highest water surface elevation or the largest 5.1.4,Policy Item 3 peak discharge in an area or both.Any study must use consistent methodology for the pre- development and post-development land use conditions.The methodology must be approved by MSCWMO. Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, a West Lakeland March 14,2007 Page2of4 WMP Section(s) Policy or Performance Standard 2007 Trail & Parking Lot Improvements Project—Comments Newly developed or redeveloped areas will be Project,as submitted,is compliant with this limited to the predevelopment or existing rate of policy.HydroCAD report contains required runoff or to a rate within the capacity of information on flow and volume rates. downstream conveyance systems,whichever is less,and no increase in the volume or rate of 5.1.4,Policy Item 4 runoff from newly developed areas will occur in areas where natural outlets do not exist. In sub- areas of a landlocked watershed,development shall not increase the predevelopment volume or rate of discharge from the sub-area for the 10- year return period event. Runoff will be minimized through on-site Project,as submitted,is compliant with this 5.1.4,Policy Item 5 infiltration or prevented through reduction in policy.On-site infiltration practices are impervious surfaces to the largest extent proposed. possible before detention ponds are used. Site design practices that may have only a minor Project,as submitted,is compliant with this negative impact on peak flow and volume, such policy.Recommend using native vegetation to 5.1.4,Policy Item 6 as the use of buffer strips along receiving waters the extent possible. and drainage swales,will be promoted to achieve compliance with the water quality performance standard. Applicants must secure any flowage easements Project,as submitted,is compliant with this that would be required to accommodate the policy,on the condition that all required 5.1.4,Policy Item 7 stormwater management facilities.These easements will be secured. easements will be granted up to the 100-yr flood level. Applicants will provide the MSCWMO with Project,as submitted,is compliant with this 5.1.4,Policy Item 8 100-year flood levels on the ponds,lakes,and policy. streams as parcels are developed. 5.1.4,Policy Item 9 The MSCWMO has adopted the Washington Project,as submitted,is compliant with this County Floodplain Regulations. (Appendix H). policy. 5.1.4,Performance Standard 1 See Appendix I for Design Standards for Project,as submitted,is compliant with this 5.2.4,Performance Standard 1 Structural Stormwater Management Measures. policy,based on the proposed on-site infiltration practices. Enhanced volume runoff controls will be Project,as submitted,is compliant with this 5.1.4,Performance Standard 2 designed to retain the first t inch of runoff for policy. Runoff volume standard has been met. all impervious areas plus t/a inch of runoff for areas with compacted soils. No increase in rate of runoff leaving the site Project,as submitted,is compliant with this 5.1.4,Performance Standard 3 from pre-development to post-development performance standard,based on submitted 5.2.4 Performance Standard 2 conditions generated by the 2-, 10-,and 100- HydroCAD rate calculations. year rainfall. A Stormwater Pollution Prevention Plan Project,as submitted,is compliant with this (SWPPP)that meets the National Pollutant performance standard. Discharge Elimination System(NPDES) 5.1.4,Performance Standard 4 requirements must be submitted to and approved 5.2.4,Performance Standard 3 by the MSCWMO for all projects undertaking grading,filling,or other land alteration activities which involve movement of earth or removal of vegetation on greater than 10,000 square feet of land(See Appendix J for NPDES requirements). Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township Sal March 14,2007 Page 3 of 4 • 2007 Trail & Parking Lot WMP Section(s) Policy or Performance Standard Improvements Project—Comments Direct discharge of stormwater to wetlands and Project,as submitted,is compliant with this 5.1.4,Performance Standard 5 all other water bodies without water quality performance standard. treatment is prohibited. Predevelopment conditions shall assume"good Not applicable. hydrologic conditions"for appropriate land covers as identified in TR-55 or an equivalent methodology.The meanings of"hydrologic soil group"and"runoff curve number"are as determined in TR-55.However, when predevelopment land cover is cropland,rather than using TR-55 values for cropland,the following runoff curve numbers(RCN)shall be 5.1.4,Performance Standard 6 used.These curve numbers represent midrange values for soils under a ood hydrologic g condition where conservation practices are used and are selected to be protective of the resource waters. Hydrologic Soil Group RCN A 56 B 70 C 79 D 83 Conversion of high-permeability soils shall be Project,as submitted,is compliant with this 5.1.4,Performance Standard 7 avoided and these soils shall be targeted for performance standard.Any infiltration BMPs infiltration. used for this project must meet MSCWMO standards. Lowest floor elevations of structures built Project,as submitted,is compliant with this adjacent to stormwater ponds and other water performance standard. bodies must be a minimum of two feet above the 100-year flood elevation and a minimum of two 5.1.4,Performance Standard 8 feet above the natural overflow of landlocked basins.The landowner or developer is required to provide MSCWMO with the location of the 100-year flood elevation, natural overflow elevation,and lowest floor elevations. Buffer zones of unmowed natural vegetation Project,as submitted,is compliant with this shall be maintained or created upslope of performance standard. delineated wetland edges,ordinary high water 5.1.4,Performance Standard 9 elevation,or floodplain of all water bodies (wetlands, streams,lakes)in accordance with the Performance Standards relating to wetlands, Section 5.3.4. Detention facilities will be designed to attenuate Project,as submitted,is compliant with this 5.1.4,Performance Standard 10 peak flows and provide on-site infiltration in performance standard,based on the proposed high-permeability soils,natural depressions,and on-site infiltration practices. swales. Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township • March 14,2007 Page 4 of 4 WMP Section(s) Policy or Performance Standard 2007 Trail & Parking Lot Improvements Project— Comments The MSCWMO shall require proper erosion and Project,as submitted,is compliant with this sediment control throughout the watershed to policy.Compliance with other policies and prevent siltation and sedimentation of streams, performance standards relating to erosion and lakes, wetlands,and other areas of the sediment control has been achieved(including 5.2.4 Policy Item 1 watershed. 5.1.4,Performance Standard 1;5.2.4, Performance Standard 1;5.1.4,Performance Standard 2;5.1.4,Performance Standard 4; 5.2.4,Performance Standard 3;5.2.4 Policy Item 2). Both temporary(during construction)and Project,as submitted,is compliant with this permanent(long-term)erosion control will be policy.Compliance with other policies and required on newly developed or redeveloped performance standards relating to erosion land in MSCWMO undertaking grading,filling, control has been achieved(including 5.1.4, 5.2.4 Policy Item 2 or other land alteration activities which involve Performance Standard 1;5.2.4,Performance movement of over 100 cubic yards of earth or Standard 1;5.1.4,Performance Standard 2; removal of vegetation on greater than 10,000 5.1.4,Performance Standard 4;5.2.4, square feet of land. Performance Standard 3;5.2.4 Policy Item 1). The proposed project disturbs greater than 10,000 square feet of land. Existing agricultural activities will be exempt Not applicable. from the performance standards listed below. 5.2.4 Policy Item 3 MSCWMO will require buffers from waterbodies and support agricultural BMPs. New agricultural activities must conform to the performance standards listed below. 5.2.4 Performance Standard 4 Construction is prohibited on slopes greater than Project,as submitted,is compliant with this 12 percent. performance standard. Buffer zones of unmowed natural vegetation Project,as submitted,is compliant with this shall be maintained or created upslope of performance standard. delineated wetland edges,ordinary high water 5.2.4 Performance Standard 5 elevation,or floodplain of all water bodies (wetlands, streams,lakes)in accordance with the Performance Standards relating to wetlands, Section 5.3.4. This project, as submitted, meets all Policies and Performance Standards contained within Section 5.0 of the MSCWMO WMP. The MSCWMO Board approved the project on March 8, 2007. Washington Conservation District staff is available for technical assistance to the landowner to ensure that the project design and construction meets all MSCWMO Policies and Performance Standards. Feel free to contact this office at 651-275-1136 if you have any questions regarding these comments. Sincerely, Pete Young Engineering Specialist,Washington Conservation District cc: Chris Long, Bonestroo Rosene Anderlik&Associates Melissa Lewis, Administrator,Middle St.Croix Watershed Management Organization Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township l_ • MIDDLE ST ' CROIX WATERSHED MANAGEMENT ORGANIZATION 1 3 8 0 W E S T F R O N T A G E R O A D , H I G H W A Y 36 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 6 5 1 2 7 5 1 1 3 6 x22 fax 6 5 1 275 . 1254 w w w m s c w m o o r g APPLICATION FOR PROJECT REVIEW Project information to be completed by the applicant. Applicant must notify the community befbre submitting to MSCWMO. Approval of a project by the MSCWMO Board in no way purports to permit acts which may be prohibited by other governmental agencies. Date Received by Member Community: by MSCWMC): N:une of Project: 2 oo 7 tI R/9i'L pARxi/VG Lo'T ..zA-21),,eo1/e-fr,6-4.17-s Purpose of Project: CONST206T.irbA1 of -TRA L S' v-A44',(---2-4/6 e.c5 Location of Project(street address,if known): Sg 7/} ST. AI 4' OLE AE ,.J• SW4 GE.e laj9,t/C City or Township: Oi9k PAR IfEZGHis Legal Description: Section: y '/r Section: AA/ Township: 29 N Range: Zo W Li Nw-lutt za av Project Description: .S f,071,66:ti' PA, •rAnsL p ,?),.--:.it/G LO7 CO 7STRUcTzUn/ of TR.42"4 ,qM a Pr9RX 2itf 407 o,v 7bP oP 4A/ Exrsr z,J G GAI9i/E4 MAx is r,vt L o T. Name of Authorized Agent: BoN6S 7 o p Representing: CZ%?' of offk f4i 1C HCZ'GNTS Street Address: 2 335 4/6.57 H2 D/y'r/d;- 36 City: Mi/2. State: /4211/ Zip: .5-57/..? • Day Telephone: Os/-tioOV_ 51808 Fax: 6 636-/31/ (Sign: src of-Authorized Agent) Name of Property Owner: C L T;K of p%f Owner's Street Address: y Owner's City: OA k /916 2-6/"7-5. State: 24" Zip: 5-F0 B 2 Owner's Telephone: 6 S/ '439-y 1t'3 9 Owner's Fax: 6•S 7_934-0.c 7{Z Required Submittal Items: Existing conditions map showing at a minimum:North point.scale.section lines,property boundary and legal description,zoning,total acreage.streets and other public ways.permanent structures,utilities,easements.bluff lines and areas with slopes> I2/h,wetlands and surface water(showing 100-year flood and OHW elevations),shoreland areas,topographic data(showing contour intervals of not more than 2 feet),soil survey information,and other significant physical features and natural resources Proposed grading plan showing at a minimum:North point,scale.section lines,grading limits,existing and proposed contours,soil boring locations(for all proposed stonmvater management features),utilities,easements,bluff lines and areas with slopes> 12`%x.wetlands and surface water(showing 100-year flood and O1-IW elevations),shorcland areas.existing and proposed structures,lowest floor elevations for proposed structures adjacent to surface water and stormty:tter management features,all required buffers and setbacks.and grading quantities Storm Water Pollution Prevention Plan(SWPPP)that meets the requirements of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System(NPDES)general stornnvater permit for construction activity(MNR 100 001) Calculations showing the total area(in square feet)of existing and proposed impervious.pervious.and compacted soil surfaces Drainage plan showing all proposed drainage features and a drainage report containing calculations for critical rainfall events Professional wetland delineation and report or written statement(by a wetland professional)indicating that no wetlands are present • MIDDLE :ST. C_ROIX W=ATERSHED =M`AN'AGEMENT .ORGAN.I;ZATION . 1 3 8 0 W E S T F R O N T A G E R O A D , H I G H W A Y 3 6 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 6 5 1 2 7 5 1 1 3 6 x 2 2 f a x 6 5 1 2 7 5 1 2 5 4 w w w . m s c w m o o r g APPLICATION FOR PROJECT REVIEW Project information to be completed by the applicant Applicant must notify die community before submitting to MSCWMO. Approval of a project by the MSCWMO Board in no way purports to permit acts which may be prohibited by other governmental agencies. Date Received by Member Community: by MSCWIvIO: Name of Project: 2007 7 Rf9.zL K ?Ile Go7- -.1.1'7PeoVe-A-7 E/vrs Purpose of Project: ea/0 STRf' TroAi ofTR4-2-45* 9'7:9,t' z-4 1 Location of Project (street address, if known): O/}K6.e66AJ '/S 6'Ty City or Township: O, k ?iVeir 1/6,76-Vi 7-5-- Legal Description: Section: 5N6" t/aSection: IJE Township: Zq N Range: ZO W s'w-n!w 2 9 2 d Project Description: 04k6/266'41 AVE. N. 7' 'A,;. . CoN574V47lo/rl DF TRI9zL . Name of Authorized Agent: BOWES TAOQ Representing: C Z o F o4k Pr9/?IC HCrG,9 S' Street Address: 2 335 wEs; Hz oyw4;- 36 City: ST /01i2._ State: /24/ Zip: 5-37/.? Day Telephone: S/-6O '8o v Fax: 6 37-636^/31/ (Sign: re of Authorized Agent) Name of Property Owner: C L T,v o f o,¢k 10,9 6"2- 11,7_5 Owner's Street Address: /y/6 9 04,r` pgR Owner's City: OA k M/11\-- 1/62-6 1/75- State: .may Zip: 5-.4.---C1 2 Owner's Telephone: 65/. Y -4' ;39 Owner's Fax: 6'y 11`/.1'-0.6-714 Required Submittal items: Existing conditions map showing at a minimum:North point,scale,section lines.property boundary and legal description.zoning.total acreage.streets and other public ways,permanent structures.utilities.casements,bluff lines and areas with slopes>12%,wetlands and surface water(showing 100-year flood and 01-1\t(+elevations),shoreland areas,topographic data(showing contour intervals of not more than 2 feet).soil survey information,and other significant physical features and natural resources Proposed grading plan showing at a minimum:North point.scale.section lines,grading limits,existing and proposed contours,soil boring locations(for all proposed stormwater management features),utilities.easements.bluff lines and areas with slopes> 12%.wetlands and surface water(showing 100-year flood and OHW elevations).shoreland areas,existing and proposed structures.lowest floor elevations for proposed structures adjacent to surface water and stormwater management features.all required buffers and setbacks.and grading quantities Storm Water Pollution Prevention Plan(S\VPPP)that meets the requirements of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System(N PD ES)general strtrnxvater permit for construction activity(MNIt 100001) Calculations showing the tool area(in square feet)of existing and proposed impervious.pervious,and compacted soil surfaces Drainage plan showing all proposed drainage features and a drainage report containing calculations for critical rainfall events Professional wetland delineation and report or written statement(by a wetland professional)indicating that no wetlands are present MIDDL`E, .ST. CROI)G WATERSHED MANAGEMENT: ORGANIZATION 1 3 8 0 W E S T F R O N T A G E R O A D , H I O F I W A Y 36 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 6 5 1 2 7 5 1 1 3 6 x22 f a x 6 5 1 275 . 1 2 5 4 w w w m s c w m o . o r g APPLICATION FOR PROJECT REVIEW Project information to be completed by the applicant Applicant must notify the community before submitting to MSCWMO Approval of a project by the MSCWMO Board in no way purports to permit acts which may be prohibited by other governmental agencies. Date Received by Member Community: by MSCWMO: Name of Project: 2 00 7 /,'?I IL P4 R KT-Ale Lo7- 0 VEM E4)rs Purpose of Project: C DA)ST,e0c Tz"a,fi OF 77911-2-ZS - f/G G o Location of Project(street address,if known): OAkGR 6'bAf 4 56 7//sr City or Township: Oh k PiV He /rs Legal Description: Section: S '/.t Section: N6• Township: 29 N Range: 20 y s ri�tw Z 3 z Project Description: oh*GREE.v ,4 vC—•/1/vE it rig 4.7 —79`?. :2 v/s74 tic r.To,,) 6 A wb sro,er» .sewf/ • Name of Authorized Agent: BONES f'/q00 Representing: C Z77, o D,9>< p4Ric /`/C-LGNTS Street Address: 2 335 4/E57 , 67/94/,;- 36 City: S r •°4LJL State: fl4/ Zip: 5-37/..? Day Telephone:Y Telc P Sf-roof- y80 u Fax: 6 37-6..3'6-i3ii C (Sign: ire of Authorized Agent) C Name of Property Owner: L Ty of U,¢k r^4/ /7Ez-G,i7,s • Owner's Street Address: 1 �//b 8 0 ' RA ; -L2 Owner's City: OAk P44K f962.•61}TS State: fr24/ Zip: 5 2 Owner's Telephone: 6 5/ `/s9-4 S"39 Owner's Fax: 66-7-#39-0.5 7 Required Submittal items: Existing conditions map showing at a minimum:North point.scale,section lines,property boundary and legal description.zoning,total acreage.streets and other public ways,permanent structures.utilities,easements,bluff lines and areas with slopes> 12%,wetlands and surface water(showing 100-year flood and 01-IW elevations),shoreknd areas,topographic data(showing contour intervals of not more than 2 feet).soil survey information,and other significant physical features and natural resources Proposed grading plan showing at a minimum:North point,scale.section lines,grading limits.existing and proposed contours,soil boring locations(for all proposed stormwater management features),utilities,easements,bluff lines and areas with slopes> 12%.wetlands and surface water(showing 100.year flood and 01-lW elevations),shoreland areas.existing and proposed structures,lowest floor elevations for proposed structures adjacent to surface water and stormwater management features,all required buffers and setbacks.and grading quantities Storm Water Pollution Prevention Plan(SWPPP)that meets the requirements of the Minnesota Pollution umt ml Agency's National Pollutant Discharge Elimination System(Nl'DI:S)general stormwater permit for construction activity(MNR 14)0001) Calculations showing the total area(in square feet)of existing and proposed impervious.pervious,and compacted soil surfaces Drainage plan showing all proposed drainage features and a drainage report containing calculations for critical rainfall events Professional wetland delineation and report or written statement(b4 a wetland professional)indicating that no wetlands are present MIDDLE ST'. CROIX WATERSHED MANAGEMENT• ORGANIZATION: 1 3 8 0 W E S T F R O N T A G E R O A D , H I G H W A Y 3 6 S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 6 5 1 2 7 5 1 1 3 6 x 2 2 f a x 6 5 1 2 7 5 . 1 2 5 4 w w w m s c w m o . o r g APPLICATION FOR PROJECT REVIEW Project information to be completed by the applicant. Applicant must notify the community before submitting to b ISCWMO. Approval of a project by the MSCWMO Board in no way purports to permit acts which may be prohibited by other governmental agencies.. Date Received by Member Community: by MSCWMO: Namc of Project: 20 0 7 f R/jxL DARK:7/116 Lor .,tn'boRo✓E'ME4.7S Purpose of Project: COALciROc.7..r0 Al OF TRATZ.S 9't,e,t-2-4/6' e.o Location of Project(street address,if known): .78?/ Si `t' 0,4/C6 rea6Al/51.'1e;1u6-• ^), -LSA/64 191,p* City or Township: Oak P4iI //E1Z'G/5/TS Legal Description: Section: 5' 'A Section: 4/6' Township: 29 N Range: Zu W -5'2 jl Sit/-/✓lti ZL1 �u Project Description: 4 T ,4R PA. ,974_ Co/11S'iXi.CrroA✓ /9-2:4... Name of Authorized Agent: BONES TROQ Representing: eZr.v or O/9A MR/C• -M:LG/97-5 Street Address: 23 35- 6✓E.7 /AZ 0///4/4,4- ,•.d City: ,57 ' t-'L State: fl4/ Zip: 5-57/ Day Telephone: 65J-60V- 51808 Fax: 6 J/'636-13/. — (Sign:K a of Authorized Agent) Name of Property Owner: C L r ' o f O/¢/C' rf//�l' /f E.Z'G/f j,S Owner's Street Address: /y/68 04 46,4-1). Owner's City: 04k P_�J/mA' /f/T6/}TS State: 4/ �' lip: ,S._O '6 Z Owner's Telephone: 6-51- Y37-y 4..5 9 Owner's Fax: 6 5 ✓_��4^CS-714 Required Submittal Items: Existing conditions map showing at a minimum:North point.scale,section lines,property boundary and legal description,zoning,total acreage.streets and other public ways.permanent structures,utilities,easements,bluff lines and areas with slopes> 12%,wetlands and surface water(showing 100-year flood and O1.1\V elevations),shoreland areas,topographic data(showing contour intervals of not more than 2 feet).soil survey information,and other significant physical features and natural resources Proposed grading plan showing at a minimum:North point.scale.section lines,grading limits.existing and proposed contours,soil boring locations(for all proposed ss rmwater management features),utilities,easements,bluff lines and areas with slopes a 12%,wetlands and surface water(showing I00-year flood and OI-lW elevations),shoreland areas.existing and proposed structures.lowest floor elevations for proposed structures adjacent to surface water and stonnwater management features.all required buffers and setbacks.and grading quantities Sturm Water Pollutirm Prevention Plan(SWPPP)that meets the requirements of the Minnesota Pollution Control Agency's National Pollutant Discharge Elimination System(NP1)ES)general striunwater permit for construction activity(MN It 100001) Calculations showing the total area(in squat e feet)of existing and proposed imperious.pervious.and compacted soil surfaces Drainage plan showing all proposed drainage features and a drainage report containing calculations for critical rainfall events Professional wetland delineation and report or written statement(by a wetland professional)indicating that no wetlands are present K Bonestroo Ffi ® Rosene ° y Anderlik& Associates ~ � Engineers&Architects City of Oak Park Heights MEMORANDUM To: Melissa Lewis File • From: Chris Long Date: 2/15/07 Re: Application for Project Review File No.: 55-07-146 The 2007 Trail & Parking Lot Improvements project entails four projects, which will be constructed within the Middle St. Croix Watershed District (see sheet C1.01). Attached are the plan sheets showing the location and design of these projects. Some of the information below was submitted in a previous memo with preliminary plan sheets on February 7, 2007.. Along with the information from last week, a table has now been provided below showing the area of grading, compacted soil surfaces, and proposed impervious. Description of Projects: • Swager Park Trail & Parking Lot — This project entails the construction of a 7,360 sq. ft. bituminous parking lot on top of an existing gravel parking lot (see sheet C6.02). The existing gravel area drains to the north onto 58" St. N. and eventually into the storm sewer. The designed direction of flow will be to the west of the parking lot onto the grass park area. This project also includes the construction of a 1,240 sq.. ft.bituminous trail. • Oakgreen Avenue N. Trail — This project entails the construction of 2,376 sq. ft. of bituminous trail (see sheet C6.04). • Oakgreen Avenue N. Trail — Alt. 1 — This project entails the construction of 2,320 sq. ft.. of bituminous trail (see sheet C6.05). • Linear Park Trail — This project entails the construction of 7,648 sq. ft of bituminous trail (see sheet C6.0.3). Erosion control techniques such as inlet protection, bioroll ditch checks, and silt fence will be used throughout the construction of these projects (see sheet C8,01). All Best Management Practices will be coordinated by the Field Engineer. K 5 515 5 0 714G1IYordllrork_In ProgrssQewis_C U'L?^II'nlerslted Application Alento 2-15-07 dot Regarding the Submittal Items: As per our conversation on February 12, a few submittal items cannot be completed or are not applicable. • Existing conditions maps — The majority of the required items has been included with the attached plan sheets.There are no water bodies within the grading areas; therefore, showing high water levels is not applicable. Also, existing and proposed contours are not shown on the Linear Park Trail project, as the City of Oak Park Heights requested the trail to be constructed with no survey. • Proposed grading plan —The attached plan sheets show the proposed design. Again, there are no ponds or wetlands within the grading area, so showing high water levels remains inapplicable. All trails will be constructed per typical section (see sheet C8..01). • SWPPP — The entire construction area of all four projects is less than one acre and does not require a general stormwater permit. • Calculations for impervious surfaces—See table below.. Proposed Area of Grading Compacted Impervious Location (SF) Soil Surfaces (SF) Swager Park Trail & Parking Lot 10,183 1583 8600 Oakgreen Avenue N.Trail 6763 4387 2376 Oakgreen Avenue N.Trail - Alt. 1 5645 3325 2320 Linear Park Trail 9560 1912 7648 • Drainage plan— o Swager Park Trail & Parking Lot —The current 7,177 sq. ft. gravel parking lot drains to the north. This project adds an additional impervious area of 183 sq. ft. for the parking lot and 1,240 sq. ft. for the pathway. To minimize runoff,. the proposed parking lot will drain to the pervious area on the west side. Therefore, reducing the amount of runoff that currently drains north from the gravel parking lot onto 58`I' St..N. We understand our area of grading is 183 sq. ft. greater than the MSCWMO requirement of 10,000 sq. ft.; however, with the redirection of the storm water we believe we have improved the rate of runoff leaving the site. o Oakgreen Avenue N. — This project has two sections of trail, with the southern portion being an alternate bid. We understand that if the council awards this alternate the pathway grading of both areas will be above the 10,000 sq. ft. requirement of the MSCWMO. To promote Best Management Practices a filtration trench will be installed on the south pathway (see sheet 06.05 and C8,01). This trench will only be installed if the alternative is constricted. o Linear Park Trail —The area of grading is less than the 10,000 sq. ft.. requirement of the MSCWMO. In addition, this area will not be mowed and will remain as natural vegetation which provides a pervious area for runoff from the proposed path. • Wetland Delineation—There are no wetlands within each project. To receive a lower bid amount, the City of Oak Park Heights has decided to combine these four construction areas into one project. Please call me at 651-604-4808 if you have any questions or concerns regarding the design of the trails and parking lot. Thank you for your time and assistance with this project. K 1551550711611'ord1 11'oik_In_Progressll.cwis_CIVI?^II'niershedApplication Alcor 2-15-07 doc MIDDLE ST. CROIX WATERSHED MANAGEMENT ORGANIZATION 1 3 8 0 WEST FRONTAGE ROAD , HIGHWAY 36 Oak "';'" S T I L L W A T E R , M I N N E S T O A 5 5 0 8 2 P h o n e 651 . 2751136 x 2 2 f a x 651 . 2 7 5 . 1 254 www . mscwmo . org °^° March 5, 2007 MSCW Chris Long Iinfolond Bonestroo Rosene Anderlik&Associates ton '"� 2335 West Highway 36 St. Paul,MN 55113 ^ RE: 2007 Trail &Parking Lot Improvements Project(4 separate applications) Dear Mr. Long, The Middle St. Croix Watershed Management Organization (MSCWMO) received submittal items for the proposed 2007 Trail & Parking Lot Improvements Project, located within MSCWMO boundaries and in the city of Oak Park Heights, Minnesota. According to the MSCWMO 2006 Watershed Management Plan (WMP), any project undertaking grading, filling, or other land alteration activities which involve movement of earth or removal of vegetation on greater than 10,000 square feet of land will be referred to the MSCWMO for full review (2006 WMP, Section 6.2.1). Because the proposed project qualifies for full review under the 2006 WMP,the following submittal requirements apply: WMP Section Submittal Requirement 2007 Trail & Parking Lot Improvements Project Submittal Projects qualifying for full review shall be submitted to Materials received by MSCWMO 2/8/07 and 6.2.2 the MSCWMO administrator by the member 2/16/07.Submittal requirement met for March community at least 21 days prior to the scheduled 8,2007 MSCWMO Board Meeting. meeting date of the MSCWMO Board. Submittal must include:Grading plan showing grading Submittal contains a grading plan that includes 6.2.3,Item 1 limits,existing and proposed contours,profiles, wetland the required information.Submittal requirement setbacks,and quantities. met. Submittal must include:Delineation of existing wetland, No wetlands,shoreland areas,surface water,drain 6.2.3,Item 2 shoreland,ordinary high water levels,drain tiling,and tile,or floodplains are present within the project floodplain areas. boundaries.Submittal requirement met. Submittal must include:Erosion/sediment control plan An erosion/sediment control plan was included 6.2.3,Item 3 showing temporary and permanent Best Management with the plans.Submittal requirement met. Practice(BMP)locations,specifications,and details. 6.2.3,It 4 Submittal must include: Schedule of construction Additional information submitted 3/2/07. staging,construction entrances,and truck routing. Submittal requirement met. Submittal must include: Drainage plan showing all Additional information submitted 3/2/07. 6.2.3,Item 5 proposed drainage calculations for all drainage features Submittal requirement met. (pond sizing,runoff calculations,etc.)for the 2-, 10-, and 100-year critical events. 6.2.3,Item 6 Submittal must include: Soils map for the area and soil Additional information submitted 3/2/07. boring information. Submittal requirement met. Submittal must include: Professional wetland No wetlands are present. Submittal requirement 6.2.3,Item 7 delineation and report or written statement(by a wetland met. professional)indicating no wetlands are present. Submittal requirements have been met for this project. The MSCWMO Board will review the project at their next scheduled meeting(March 8, 2007). The plans and specifications must be reviewed by MSCWO for compliance with the requirements of the 2006 WMP, Section 5.0, District-Wide Goals, Policies, and Standards. Some of these requirements may not be satisfied by the current plans and specifications; however, an official review of your submittal, to determine if it meets the requirements Middle St. Croix Watershed Management Organization Member Communities Afton, Bayport, Baytown, Lakeland, Lakeland Shores, Lake St. Croix Beach, Oak Park Heights, St. Mary's Point, Stillwater, & West Lakeland March 5,2007 Page 2 of 2 of the 2006 WMP, will be completed by March 8, 2007. The board may only consider materials that were received by the submittal deadline(21 days before the scheduled board meeting). Feel free to contact me at 651-275-1136 x21 or peter.young @mnwcd.org if you have any questions regarding these comments. Sincerely, • Pete Young Engineering Specialist,Washington Conservation District cc: Melissa Lewis,Administrator,Middle St.Croix Watershed District Eric Johnson,Administrator,City of Oak Park Heights Middle St. Croix Watershed Management Organization MEMBER COMMUNITIES: Afton,Bayport,Baytown Township,Lakeland,Lakeland Shores,Lake St.Croix Beach,Oak Park Heights,St.Mary's Point,Stillwater and West Lakeland Township ---",„ Rvocric Ailutt<Lirci -0* 6516361311 08/18/00 14:15 Gi :04/05 N0:435 ......„..,...--rb • , NSP / Valley View Park -- Trail Estimates (Revised) ,.; City of Oak Park Heights, MN .,, . August 18, 2000 •• .,, .!.:! . . . Pathway Estimate NSP SITE(Paving Existing Gravel) .i,. ... *.• Item .Unit Quantity Unit Price Total Mobilization LS 1 $1,000.00 $1,000.00 , Subgrade Prep SY 3415 2.00 8,630.00, Bituminous Wear TN 330 45.00 14,850.00 Construction Total $22,680.00, • l!i • '•!.' • :.: Pathway Estimate EXISTING RAILROAD BED ... .•• • ( Item Unit Quantity 1 Unit Price Total Mobilization LS 1 $1,000.00 $1,000.00 .. Subgrade Prep SY 1110 2.00 2,220.00 Aggregate Base, Cl. 5 TN 160 12.00 1,920.00, Bituminous Wear TN 100 45.00 4,500.00 • Adjust Manholes EA 5. 250 1,250.00 •. Construction Total $10,890.00 -?' .:,.• ■,. • ...: Pathway Estimate • WEST SIDE CONNECTION • ... . , Item Unit Quantity .Unit Price Total Mobilization LS i st000.00 $1,000.00 Clear& Grub LS 1 8,000.00. $8,000.00 Common Excavation CY 200 6.00, 1,200.00 Aggregate Base, Cl. 5 TN 330 12.00 3,960.00 • Bituminous Wear TN 90 45,00 4,050,00 Restoration AC 0.2 1,600..00_ 320.06, Construction Total . $18,530.00 .:. (.- . • •,:, 47 of .,. •i., •,!i . • LOCAL TRAIL CONNECTIONS GRANT PROGRAM Information Sheet 2007 Deadlines/ Applications must be received no later than February 28,2007. Pending the availability Important of funds,reimbursement grant awards will be announced by July 2007.Applications can Dates: be found at http_//www.dnr.state.mn.us/granfs/recrcation/trails locat.htn�i Program The emphasis of this program is to promote access between people and desirable Introduction: destinations,not to develop significant new recreation facilities. Its primary purpose is to complete trails connections between where people live(e.g.residential areas within cities,and communities)and significant public recreation facilities(e.g.parks and other trails). Priority will be given to residential connections to state and regional facilities and linking existing trail segments. How It works: Provides reimbursement grants to local units of government for trail projects or serves as a partial local"match"for a SAFETEA-LU Enhancement project. Eligible Land acquisition and trail development. However,acquisition of trail right-of-way will Activities: only be eligible when it is proposed in conjunction with trail development. Land purchased with this fund will require a"perpetual easement for recreational trail purposes,"and trails developed with these funds will require a twenty-year maintenance commitment by the project sponsor. Projects inside state park boundaries,state trail corridors,or elements of the Metropolitan Regional Open Space System are ineligible. Eligible Cities,counties and townships. Applicants: Local Support: Local/area support must be demonstrated by providing resolution,or minutes of council hearing. Local Match: Fifty percent(50%)"cash match"for eligible elements of the project proposal is required. • Neither this funding source nor the cash match can be used for in-house labor services and/or to meet existing payroll(i.e.,only contract services,materials and supplies are reimbursable) • Federal Recreational Trail Grant Program,Regional Trail Grant Program,Metropolitan Council Funds and other state funds are not eligible cash matches for this program. Grant Project proposal maximum requests can result in no more than$100,000 of Amount: reimbursement. Project Period: Funded projects will need to begin promptly after an agreement has been completed between the State and the applicant. Projects must be completed prior to June 30, 2009. MI components of the project must be completed by this date. This period may be extended for projects receiving SAFETEA-LU Enhancement funding. Disbursement: Grants are reimbursable. Costs must be incurred and paid for before reimbursement can take place. For Application Requests or other information: Andrew Korsberg Statewide/Coordinator 651/259-5642 Traci Vibo Statewide 651/259-5619 Department of Natural Resources Tim Browning Northwestern MN 218/755-3969 Trails and Waterways Les 011ila Northeastern MN 218/327-4409 500 Lafayette Road,Box 52 Craig Mitchell Southern MN 507/359-6066 St.Paul,MN 55155-4052 Dan Collins Metro/Central MN 651/772-7936 Fax(651)297-5475 49 of 49 i BONESTROO ROSENE ANDERLIK3 g 6516361311 08/18/00 14:15 X1 :05/OS p: l..,0 .---- --„ ;;;;; N 4S • ... ..___.—..........• 3110111114111111101111111111111111.014'''.• , ,4,...i..:,.V.lib.il\N\1410\1‘ . 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A.A.A~I.'.',i)./4?"''' •i•!. \ 4-•0111% 1 1\416 -re .1.•11 A•.:i•Li• I•. a.. l A J:A•A'•'•- )4,j..:1\V•t,11... 4 e A• A‘• L'• ••• •.• ••• i• ..)A:. .L. b-sei 4 :ly \ . ,,..,......,:,::, ,,j.,,i Al 8%■'.1. pk. ■ :Valley View Palk Road 61a10 Cotrectbnol Facl6ly 1: I 48 of 49; .ij; •y • lit ' Bonestroo Preconstruction Sign-up Sheet APR 2 6 2007 Project Name: 2007 Trail & Parking Lot Improvements Client Name: Oak Park Heights Bonestroo File No, 55-07-146 Date of Meeting: Thursday,April 12, 2007 Time of Meeting: 10:00 AM Project Engineers: Karen Erickson, Dennis Postler, Chris Long Contractor: Tower Asphalt Name Representing Phone Phone: 651-439-1488 Mike Raleigh M.J. Raleigh Trucking, Inc. Cell: 612-369-4905 Fax: 651-439-1488 Phone: John Raleigh M.J. Raleigh Trucking, Inc. Cell: 612-369-4906 Fax: Phone: 651-789-1166 Dick Anderberg Tower Asphalt Cell: 651-775-5636 Fax: 651-436-6515 Phone: 651-439-4439 Eric Johnson Oak Park Heights—City Administrator Cell: 651-485-3138 Fax: Phone: 651-439-4439 Tom Ozzello Oak Park Heights—Public Works Director Cell: 651-485-3138 Fax: Phone: 651-604-4815 Dennis Postler Bonestroo Cell: 651-775-5102 Fax: 651-636-1311 Phone: 651-604-4808 Chris Long Bonestroo Cell: 651-492-7747 Fax: 651-636-1311 Phone: 651-998-0803 Pat Wood LPD Electric Cell: 651-261-0516 Fax: 651-998-0133 Bonestroo.IC.S.J]Preconstruction Sign-up sheet doc]]VLM 0213071 Page 1 of 1 • Preconstruction Meeting Minutes 2007 Trail & Parking Lot Improvements 10:00 AM, April 13, 2007 Oak Park Heights City Hall File No. 55-07-146 Prepared by Chris Long Project Description: This project entails the construction of trails and parking lot in four different areas. Autumn Hills Park, Linear Park, Oakgreen Avenue North, and Swager Park improvements consist of bituminous trail and site grading. Swager Park also entails the construction of a bituminous parking lot with concrete curb. Contract Administration The project was designed by Bonestroo and will be constructed by Tower Asphalt, Inc. The bid date was March 11. The project was awarded on March 27. The City Council only accepted Alternate 3, which is the "shoebox" style luminaire (Pole Mounted Fixture - Type B). The Contract Documents were not signed. Project Manual Contracts: The plans and specifications have been approved and were distributed at the meeting. There were no addendums. Completion Dates: As stated in the agreement form in the specifications: 4.02 Dates for Substantial Completion, and Final Payment A. Swager Park Trail and Parking Lot: The bituminous trail, parking lot, and Site grading shall be completed on or before June 30, 2007. B. Linear Park Trail: The bituminous trail and Site grading shall be completed on or before June 30, 2007. C. Oakgreen Avenue Trail: The bituminous trail and Site grading shall be completed on or before June 30, 2007. D. Oakgreen Avenue Trail - Alternative 1: The bituminous trail and Site grading shall be completed on or before June 30, 2007. (Alternative 1 will not be constructed) E. Autumn Hills Park: The bituminous trails shall be completed on or before November 15, 2007. F. All of the Work at each location of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before November 29, 2007. Permits: All appropriate applications were submitted and approved by the Middle St. Croix Water Management Organization. No other permits were applicable. Easements: The permanent easement (5' on either side of trail centerline) for Swager Park Trail has not been approved. Eric Johnson expects this to occur soon. He also said he had written permission from Anderson Windows for construction of Swager Park Trail. Surveying: Bonestroo will provide the necessary surveying. Site Grading: The Autumn Hills site may need additional grading to remove piles and obtain the correct site elevations. A survey will be completed in order to determine the current site elevations. Private Utilities: The private utilities on this project consist of a two Qwest pedestals, an 8" Excel gas line, and a Comcast cable crossing. These are all located on Oakgreen Avenue North. Qwest submerged the two pedestals on April 10th. The 8" Excel gas line had been previously stated, in phone conversations with Charlie Rausch, to be 10'-17' to the west of Oakgreen Avenue North centerline. Excel Gas and Comcast were not present. Schedule: A construction schedule was not provided. Mike Raleigh stated they would begin on Linear Park and Oakgreen Avenue North Trails on the week of April 23rd. Construction at Swager Park and Autumn Hills will occur next. Eric Johnson said construction cannot begin at Swager Park until after April 24th, as an agreement with the City and Anderson Windows needs to be completed prior. Following a survey of the grading at the Autumn Hills site, it will be determined if and when Raleigh Trucking can begin the Autumn Hills Trail construction. Emergency Contact List: Tower Asphalt Office: 651-436-8444 Fax: 651-436-6515 Dick Anderberg Office: 651-789-1166 Cell: 651-775-5636 Paul Schaefer Office: 651-789-1169 Cell: 612-386-6085 M.J. Raleigh Trucking Office& Fax: 651-439-1488 Mike Raleigh Cell: 651-369-4905 John Raleigh Cell: 651-369-4906 Curbmasters Office: 651-351-9200 Fax: 612-351-9200 Mark Callics Cell: 612-366-1695 LPD Electric Office: 651-998-0803 Fax: 651-998-0133 Pat Woods Cell: 651-261-0516 Terra Service Inc. Office: 651-789-1195 Fax: 651-789-1183 Bryan Schultz Cell: 651-497-8026 Parking Marking Office: 651-690-4340 Fax: 651659-0769 Jack Hanson Cell: 651-865-1154 �r - Erosion Control: The important issues include installing the biorolls and silt fence prior to start of construction. All temporary and permanent erosion control shall follow the plans and specifications with the use of best management practices. Request for Payment: Payments will be processed once a month and prepared by Bonestroo. Miscellaneous: 1. The trail along Oakgreen Avenue North will be field revised with the alignment moving to the east as far as possible, per the request of the City Mayor, Dave Beaudet. 2. Eric Johnson indicated the Linear Park Trail alignment may need revision as the northern section of the trail may be encroaching privately owned property. 3. Eric Johnson indicated the Autumn Hills Park Shelter had been moved to the east, and the trails will require some minor revisions. 4. Mike Raleigh stated they would pour the concrete valley gutter at Swager Park following the paving of bituminous base course in order to avoid damage to the valley gutter. 5. Eric Johnson requested the use of warning cones for traffic control when needed. Notice to Proceed: The City has not given the Notice to Proceed and will not until the signed Contract Documents have been received and approved by the City Attorney. Copy: Pete Young - MSCWMO All in attendance ECKBERG LAMMERS ►�i ATTORNEYS AT LAW 1809 Northwestern Avenue, Suite 110 Writer's Direct Dial: Stillwater, Minnesota 55082 (651)351-2118 (651) 439 2878 Fax(651)439-2923 Writer's E-mail: www.eckberglammers.com mvierling @eckberglammers.com April 17, 2007 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Re: 2007 Trail and Parking Lot Improvements Contracts Dear Eric: I have received from Tower Asphalt via Karen Erickson at Bonestroo four sets of the project manual for the 2007 Trail and Parking Lot Improvements. We have reviewed the manual which services the contracts for this project and have reviewed the contracts relative to their form and find the same to be acceptable. We have also reviewed the payment and performance bonds and approve their form as being compliant with statute. We also have reviewed the insurance certificates in this matter and, although they are acceptable, we do note that the insurance certificates supplied in this particular project from the contractor has an expiration date on their policy of October 1, 2007. If this project is anticipated to exceed that completion date, a new insurance certificate should be obtained from the contractor extending that date past the performance/completion date of this project and that insurance certificate should be maintained with the City file. I am returning all four copies of the contracts to your offices. I understand that after execution by the City,two copies are to be provided to Tower Asphalt,one copy is to be retained by the City of Oak Park Heights and the final copy is to be returned to the City's engineering consultant. Your ruly, Mark J. Vierling MJV/sdb Enclosure ECKBERG, LAMMERS, BRIGGS, WOLFF 6 VIERLING, PLLP Family Law/Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death Estate Planning/ Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 28, 2007 Bonestroo Mr. Richard Anderberg Tower Asphalt, Inc. 15001 Hudson Rd. Lakeland, MN 55043 Re: City of Oak Park Heights, Minnesota 2007 Trail and Parking Lot Improvements Project Project No. 000055-07146-0 Contract Documents Enclosed are four Contract Documents between you and the City of Oak Park Heights covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 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 Oak Park Heights: Mark Vierling Eckberg Lammers Briggs Wolff&Vierling 1809 Northwestern Ave., Ste. 110 Stillwater, MN 55082-7521 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies Tower Asphalt, Inc. (1 -your file, 1 -your bond company) 1 copy City of Oak Park Heights, Attention: Eric Johnson 1 copy Bonestroo&Associates, Attention: Karen Erickson Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of Oak Park Heights's attorney, a pre-construction conference will be scheduled with you and the City of Oak Park Heights to review the Project. Sincerely, BONESTROO 0:1//4/1 0614;447"-\-- Karen S. Erickson, P.E. Enclosures: Four Contract Documents St.Paul St.Cloud cc: Eric Johnson, City of Oak Park Heights Rochester Mark Vierling, City Attorney Milwaukee Chicago Engineers Architects Planners CITY OF OAK PARK HEIGHTS Preconstruction Meeting Agenda/Outline 1. Introduction 2. Project Description 3. Contracts Status a. Bid Date b. Award Date 3/2 2 c. Alternates only if - sgvcrc. I 147 d. Approval City Attorney e. Insurance Certificate 4. Project Manual Contracts a. Plans b. Project Specific Manual 5. Contract Administration a. Public Bid Project–City Design b. Project Inspector Role —0421 5 Lo Ua' " c. Surveying/Staking _ Too G..)(,1.404 6. Completion Date(s) a. Start Date b. Intermediate Dates c. Final Completion C?"■ .c. 3o /t DY 4.4155) 7. Permits a. Watershed – Middle St. Croix 8. Easements a. Acquisitions b. Right-to-Enter Agreements 9. Site Grading a. Status–Autumn Hills Park Shelter 10. Control a. R.O.W. b. Easements 11. Private Utilities a. Xcel - Gas b. Qwest c. Comcast/AT&T d. Other 12. City/Owner Infrastructure a. Storm Sewer b. Streets 13. Contact People & Phone Numbers a. Contractor Contact Person and Phone Number b. Contractor Emergency Contact and Phone Number c. Foreman d. Safety e. Inspector and Pager Number 14. Contractors Schedule a. Start Date b. Number of Crews c. Start Location d. Anticipated Schedule e. Hours/Days of Work f. Schedule Submittal 15. Subcontractors a. Streets b. Restoration c. Signing and Striping d. Landscaping 16. Suppliers/Submittals a. Other 17. Erosion Control a. Temporary b. Permanent 18. Traffic Control a. Project Specific b. Advance Notice c. Detour d. Temporary Stop Signs, etc. 19. Specification/Project Specific Issues a. Storm Sewer b. Streets— Concrete Curb Protection During Construction c. Concrete Mix Design d. Bituminous Mix Design Report e. Construction Access f. Private Property g. Work by other Contractors h. Detail Plates 20. Payments a. Processing (inspector or contractor furnished quantities) b. Monthly/Cut-off Date c. What Quantities Supplied by Contractor d. Change Orders e. Claims for Extra Work— Provide per Conditions of Contract 21. Project Completion a. Initial Inspection b Project Walk Through c. Punch List (Final Inspection) d. Substantial Completion Document 22. Notice to Proceed a. Verbal b. Written 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com fr Bonestroo March 28, 2007 Mr. Eric Johnson Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55028 Re: 2007 Trail and Parking Lot Improvements Project Project No. 000055-07146-0 Return of Original Bids Dear Mr. Johnson: Enclosed are all of the original Bids and Bid Securities that were received on the above-referenced Project. We have retained a copy of only the low Bid for our files. Sincerely, BONESTROO Karen S. Erickson, P.E. Enclosures St.Paul St.Cloud Rochester Milwaukee Chicago Engineers P 2335 Highway 36 W St.Paul,MN 55113 Tel 651-636-4600 Fax 651-636-1311 www.bonestroo.com March 28, 2007 1r Bonestroo Mr. Richard Anderberg Tower Asphalt, Inc. 15001 Hudson Rd. Lakeland, MN 55043 Re: City of Oak Park Heights, Minnesota 2007 Trail and Parking Lot Improvements Project Project No. 000055-07146-0 Contract Documents Enclosed are four Contract Documents between you and the City of Oak Park Heights covering the above-referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 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 Oak Park Heights: Mark Vierling Eckberg Lammers Briggs Wolff&Vierling 1809 Northwestern Ave., Ste. 110 Stillwater, MN 55082-7521 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies Tower Asphalt, Inc. (1 your file, 1 your bond company) 1 copy City of Oak Park Heights, Attention: Eric Johnson 1 copy Bonestroo &Associates, Attention: Karen Erickson Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of Oak Park Heights's attorney, a pre-construction conference will be scheduled with you and the City of Oak Park Heights to review the Project. Sincerely, BONESTROO K ren S. Erickson, P.E. Enclosures: Four Contract Documents St.Paul St.Cloud cc: Eric Johnson, City of Oak Park Heights Rochester Mark Vierling, City Attorney Milwaukee Chicago Engineers Architects Planners r 43° Bonestroo BIDDER: iooek Asp-144r DOCUME NT 00410 BID FORM 2007 TRAIL AND PARKING LOT IMPROVEMENTS 81 FILE NO.000055-07146-0 ary OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082 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 No. 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. 000055071460BIDFORM.xIs 00410-1 BID FORM I 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 Sidata concerning on may affect dosons (surface,subsurface,and Underground Facilities)at,or contiguous to,the progress,or performance of the Work or which relate to any aspect of the means,methods,e chn smeans, sequences,and procedures of construction to be employed by Bidder,including applying specific methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination the of this other Berms and conditions of the Bidding Documents Bid and within the times and in accordance G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. 1. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require oesponsibility,and qualifications before awarding a contractgation and submit an evaluation concerning Bidder's Owner,Bidder out hereby relate waives any such investigation claims, and evaluation, nd statements made as a result thereof,except for statements that can arise out of or relate to such investigation 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. BID FORM 00410-2 000055071460BIDFORM.xIs ■ 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price I I PART 1-AUTUMN HILLS PARK TRAILS AND GRADING: LS 1 $ ��'ll $ S;a4 1 MOBILIZATION f� t� LS 1 $ 700100 $ 700,00 2 SITE GRADING r 3 SUBGRADE EXCAVATION CY 20 $ '71 90 $ /1 Q I CO 4 GRANULAR BORROW TN 40 $ 1° SO $ (IOC 13 a6 onesk° 5 AGGREGATE BASE,CLASS 5, 100% TN 95 $ J3,96 $ I-3-96719e CRUSHED-TRAIL 35 $ U I�© $ "��00 6 TYPE LV 4 WEARING COURSE T1`l MIXTURE(B)-TRAIL $ 73�®o 7 SILT FENCE,PERMEABLE LF 200 $ 3,45 8 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ ygOM $ gZg./00 MULCH AND DISK ANCHOR TOTAL PART 1-AUTUMN HILLS $ •50 P PARK TRAILS AND GRADING PART 2-SWAGER PARK PARKING LOT: 45 $ �:OD $ 135;60 9 SAWING BITUMINOUS PAVEMENT LF /' �'j�` SY 15 $ 5,60 $ /5 o 10 REMOVE BITUMINOUS PATH n 11 SITE GRADING LS 1 $ ) 600 00 $ 1 l oci=CO 60 65 $ 57 /60 12 SUBGRADE EXCAVATION CY ��`` 13 GRANULAR BORROW TN 140 $ 75-Li $ 105.600 00410-3 BID FORM 000055071460BIDFORM.xls No. Item Units Qty Unit Price Total Price 14 AGGREGATE BASE,CLASS 5, 100% TN 500 $ 13/470 $ 695'69, 15 TYPE LV 3 NON WEARING COURSE TN 85 $ J i f? c $ ✓67a/�J MIXTURE(B) �T $ 7C cloo 16 TYPE LV 4 WEARING COURSE TN 85 $ C� MIXTURE(B) f �j 17 D412 SURMOUNTABLE CONCRETE LF 365 $ 1 / � A $ 94o,15. CURB AND GUTTER 5-) /t�1f 18 BITUMINOUS MATERIAL FOR TACK GAL 40 $ '/ $ ('�J co COAT 14,100 19 24"CONCRETE VALLEY GUTTER LF 35 $ $ 20 4" SOLID LINE,WHITE PAINT LF 750 $ " 7 5'O 21 PAVEMENT MESSAGE, EA I $ 9-;Ce) $ 9/CD HANDICAPPED SYMBOL-PAINT �1 22 SIGN PANELS,TYPE C,HIGH SF 2 $ CI O� $ �' l INTENSITY / 19 0 �© 23 SALVAGE AND REINSTALL SIGN EA 2 $ 9 7, $ 24 STREET SWEEPER WITH PICK UP HR 5 $ I 00 $ 50,60 BROOM WITH OPERATOR 25 SILT FENCE,PERMEABLE LF 150 $ 3/lt% $ 5q 7, 26 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ �"1�`7�►�� $ / v/ MULCH AND DISK ANCHOR Q !1 � TOTAL PART 2-SWAGER PARK f 4' PARKING LOT YACt? PART 3-SWAGER PARK TRAIL: g -��©O 27 MOBILIZATION LS 1 $ �7"�'t`'' $ 50/619 28 REMOVE BITUMINOUS CURB LF 8 $ 3100 $ /100 29 SITE GRADING LS 1 $ ZOO,CO $ / 0L7 30 SUBGRADE EXCAVATION CY 15 $ 9) �Q $ /" /1/50 31 GRANULAR BORROW TN 55 $ /. $ 32 AGGREGATE BASE,CLASS 5, 100% TN 65 $ )3, 90 $ ?6 '3,50 CRUSHED-TRAIL / Q/Q� 33 TYPE LV 4 WEARING COURSE TN 20 $ E 0�6Q $ (l MIXTURE(B)-TRAIL 000055071460BIDFORM.xIs 00410-4 BID FORM I No. Item Units Qty Unit Price Total Price I 34 CONCRETE PEDESTRIAN CURB SF 102 $ 111 562 $ "! 5//ec RAMP 35 TRUNCATED DOME PANEL SF 48 $ 3 , �*'OC )$ l 6 84Ja0 36 4" SOLID LINE,WHITE PAINT LF 120 $ 6}a $ 301 CO 37 SILT FENCE,PERMEABLE LF 50 $ 5C)C1 $ Q-,50,00 38 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ "/V1400 $ /w,ao MULCH AND DISK ANCHOR �^7�7 q'�® TOTAL PART 3-SWAGER PARK $ I l J TRAIL PART 4-LINEAR PARK TRAIL: �] t© 39 MOBILIZATION LS 1 $ )15e* 1 J 1 Q2 $ / `5 c 40 CLEAR AND GRUB LS 1 $ 1300/00 $ 1300,00 41 SITE GRADING LS 1 $ ”00/00 $ 261461°‘) 42 SUBGRADE EXCAVATION CY 40 $ /SO $ 3g0/6° 43 GRANULAR BORROW TN 80 $ g,5C $ 6gol oo 44 AGGREGATE BASE,CLASS 5, 100% TN 400 $ / 3l /O $ 5.5Z,a CRUSHED-TRAIL ^ 45 TYPE LV 4 WEARING COURSE TN 115 $ ‘'gJ Q`^) $ 7 g gV��O MIXTURE(B)-TRAIL 46 SILT FENCE,PERMEABLE LF 100 $ 3)75" ,7 5" $ 175;60 Q 47 SEEDING,INCL SEED,FERTILIZER, AC 0.5 $ U 164 $ Vila 00 MULCH AND DISK ANCHOR $ 9j"TOTAL PART 4-LINEAR PARK TRAIL PART 5-OAKGREEN AVENUE N. TRAIL: 48 MOBILIZATION LS 1 $ I / 5616 $ I I o do 49 CLEAR AND GRUB LS I $ 35b100 $ 35d,00 50 REMOVE EXISTING TREE EA 1 $ /‘ 6;00 $ l‘' '1e) 51 SITE GRADING LS 1 $ 1'OO,CCC $ I "`c,oc 000055071460BIDFORM.XIs 00410-5 BID FORM INo. Item Units Qty Unit Price Total Price 1 52 SUBGRADE EXCAVATION CY 20 $ 7,50 $ 190,e0 53 GRANULAR BORROW TN 40 $ 7/9'0 $ 3g", 54 AGGREGATE BASE,CLASS 5, 100% TN 125 $ 13 /O $ I 73 7'50 CRUSHED-TRAIL 35 $ �0�� $ �� v®�� 55 TYPE LV 4 WEARING COURSE TN MIXTURE(B)-TRAIL �J * ) ?,%(�© 56 CONCRETE PEDESTRIAN CURB SF 34 $ hit i -6 $ f J RAMP i oo $ 61r©0 57 TRUNCATED DOME PANEL SF 16 $ 3 �, 58 SALVAGE AND REINSTALL SIGN EA 1 $ I�+i!e® $ )a 5,OO 59 STREET SWEEPER WITH PICK UP HR 5 $ 501 00 $ 1ç ,00 BROOM WITH OPERATOR 13, 001.00 60 SEEDING,INCL SEED,FERTILIZER, SY 800 $ 1,65 $ AND WOOD FIBER BLANKET CO 5-6))00 61 BIOROLL LF 30 $ 1 $ TOTAL PART 5-OAKGREEN $ 16)916, 0 AVENUE N.TRAIL P\ga $r) 553. 50 BASE BID: bl►e TOTAL PART 1 -AUTUMN HILLS $ PARK TRAILS AND GRADING $ �p)���5'6 TOTAL PART 2-SWAGER PARK II PARKING LOT 7 n � TOTAL PART 3-SWAGER PARK $ /, TRAIL $ ��� � � TOTAL PART 4-LINEAR PARK TRAIL TOTAL PART 5-OAKGREEN AVENUE 1010 N.TRAIL �� TOTAL BASE BID Q $ / Ocle 00410-6 BID FORM 000055071460BIDFORM.xIs INo. Item Units Qty Unit Price Total Price I ALTERNATE NO.1-OAKGREEN AVENUE N.TRAIL: ��V a® $V4) �� 62 MOBILIZATION LS I $ 63 TRAFFIC CONTROL LS 1 $- / $_jegi 64 REMOVE AND REPLACE LS 1 $ 14 7110/6(, $ i-noo/ J BITUMINOUS PAVEMENT 65 SALVAGE AND REINSTALL SIGN EA 2 $ I),5:60 $ ?OO 66 REMOVE 12"RCP STORM SEWER LF 34 $ M 1400 $ 31/66n PIPE / 67 REMOVE 12"FLARED END SECTION EA 1 $ /Oa 00 $ ` C(Z O0 68 CONNECT TO EXISTING STORM EA 1 $ , CO,Od $ ,cVi cV MANHOLE n q 69 12"RCP STORM SEWER,CLASS 5,0'- LF 36 $ , /Ic)® '$ IC o0 10'DEEP ) 70 PRECAST 27" SHALLOW DEPTH EA 1 $ flea $ //Oner) BEEHIVE 71 IMPROVED PIPE FOUNDATION LF 25 $ !�p /00 $ g610/00 72 SITE GRADING LS 1 $ 9,0 WC $ 2a c/00 73 SUBGRADE EXCAVATION CY 20 $ 9 9-6 $ I /o/ 74 GRANULAR BORROW TN 40 $ 7/50 $ 3goiev 75 AGGREGATE BASE,CLASS 5, 100% TN 135 $ 13170 0 $ IS 56 CRUSHED-TRAIL 6g/ °6) ��(��/ 76 TYPE LV 4 WEARING COURSE TN 35 $ 1 $ Q MIXTURE(B)-TRAIL 77 CONCRETE PEDESTRIAN CURB SF 68 $ " /�J 156 $ 3 0 /4671° RAMP f I e a� 78 TRUNCATED DOME PANEL SF 32 $ 35,00 $ 79 4" SOLID LINE,WHITE PAINT LF 70 $ d f r $ 17 1 5.6 80 12"SOLID LINE,WHITE PAINT LF 16 $ 0?-75 $ ' J C O 81 SALVAGE AND REINSTALL SIGN EA 1 $ 11,5;60 $ 12,5/60 82 STREET SWEEPER WITH PICK UP HR 5 $ /ai Cc) $ 1156 BROOM WITH OPERATOR 000055071460BIDFORM.xls 00410-7 BID FORM INo. Item Units Qty Unit Price Total Price I 83 SEEDING,INCL SEED,FERTILIZER, SY 500 $ 1,0 $ v ;©o AND WOOD FIBER BLANKET 84 BIOROLL LF 30 $ J,0 $ /56 CIO 85 PROTECTION OF CATCH BASIN,NON- EA i $ 5,OJ cc $ 52ti cc STREET TOTAL ALTERNATE NO.1- $*ii: C1 OAKGREEN AVENUE N.TRAIL „'© l ALTERNATE NO.2-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE A: 86 LIGHTING FIXTURE EA 2 $ 32 Zia() $ 41/1/0/el° 87 CONCRETE LIGHT POLE BASE EA 2 $ Z3aQD $ /gi a 88 1 1/2"PVC CONDUIT LF 175 $ .5r b $ 1 Sgi 1" 89 #12 AWG WIRE LF 360 $ Ci /5 $ 3Atz©© 90 POLE RISER EQUIPMENT EA 1 $ 61341C) $ L 73/66 91 #2 AWG WIRE LF 120 $ 21 $ 30i/''C 92 CONCRETE EQUIPMENT PAD EA 1 $ OS/6C $ 0-5/66 93 LIGHTING SERVICE CABINET EA 1 $ iI 57c;60 $ KW 94 HANDHOLE EA 1 $ b wo $ 2/70,05) TOTAL ALTERNATE NO.2- $ �1 75 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE B: get j 95 LIGHTING FIXTURE EA 2 $ 3 °C $ 6 I CCi aO 96 CONCRETE LIGHT POLE BASE EA 2 $ �3C` A2 $ )a4'Ci aC 97 1 1/2"PVC CONDUIT LF 175 $ /'4 5 $ 9 !7c 00005507 t 460BIDFOluvl.xLs 00410-8 BID FORM INo. Item Units Qty Unit Price Total Price 98 #12 AWG WIRE LF 360 $ 0175' ,f $ 3 ,OO 99 POLE RISER EQUIPMENT EA 1 $ 4734 $ (G / 3,04e 100 #2 AWG WIRE LF 120 $ 61/ 3c ,Od $ 101 CONCRETE EQUIPMENT PAD EA 1 $ �5�CO $ � J/ 102 LIGHTING SERVICE CABINET EA 1 $ 1)59540 $ 91;;O2 103 HANDHOLE EA 1 $ '17O1OQ $ 47e/00 TOTAL ALTERNATE NO.3- $ SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID SUMMARY: 001(0° Ol 0 TOTAL BASE BID $ 4C - /�/��,Ce)LlXb TOTAL ALTERNATE NO.1- $ OAKGREEN AVENUE N.TRAIL TOTAL ALTERNATE NO.2- $45_? 7% SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A TOTAL ALTERNATE NO. - $ g(7/7c TO SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B 000055071 g60BIDFORM.x1s 00410-9 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBM //T ITTED on ! KG` ` ° ,20©7 If Bidder Is: An Individual Name(typed or printed): By. (SEAL) (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: 000055071460BIDFORM.xIs 00410-10 BID FORM A Partnership (SEAL) Partnership Name: By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: A Corporation Corporation Name: 19 West. /Q t'5Pi `% / • (SEAL) State of Incorporation: / '"4 E5 1 Type(General Business,Professional,Service,Limited Liability): By: e (Signature) Name(typed or printed): Cl/M-0) A– A " b �tI ( Title: rcirAci A.41, 2f- 4 4 / Attest (CORPORATE SE AL) ignature of Corporate Secretary) Business Street Address(No P.O.Box#'s): j 56© ' N Ub sely R J fil/Vg 9- 0J/3 � 1 Phone No.: F� �J—U#"l 1f Fax No.: g'q #3k 515 00410-11 BID FORM 00005507146OBIDFORM.xls A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) 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 00410-12 BID Form] 000055071460BIDFORMxIs THE AMERICAN INSTITUTE OF ARCHITECTS 11i1t,i, :l- AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that wHeTOWER IASPHALT,t Io<Cegal title of Contractor) 15001 Hudson Road Lakeland, MN 55043 as Principal, hereinafter called the Principal, and 'FEDERAL (INSURANCEam Odd ANY dress or legal title of Surety) 15 .Mountain View Road , Warren, NJ 07061 Indiana a corporation duly organized under the laws ws of the hed fits of bound unto as Surety, hereinafter called the Surety, (Here insert full name and address or legal title of Owner) CITY OF OAK PARK HEIGHTS, MN as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ 5% ), FIVE PERCENT (5%) OF TOTAL AMOUNT OF BID - for the payment of which sum well and truly to be made, the said Principal and t sesaid Surety, bind d ourselves, our heirs, executors, administrators, successors and assigns, j y these presents. WHEREAS, the Principal has submitted a bid for • (Here insert full name,address and description of project) 2007 Trail and Parking Lot Improvements NOW, THEREFORE, in accordanceOwith the shall ms ofesuch bid,bid andfgive such bond or bonds Principal may be specifiedinothe bidding or Contract the Obl g or payment labor andtmaterial furnished sintthe prosecution thereofhorlinetherevent such Principal to enter such Co tr lab penalty such Contract and give sUch t sped specified nnsaidfb the d andnsuch pay to the Obligee the difference for which the Obligee may in to goodefa faith contract hereof between t 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. 2007 Signed and sealed this 22nd day of March TOWER ASPHALT INC. -A+ (Seal) ak .L4/2 - (Princip,r .: (Witness) B wi Mike Le (Title) ,'resident n FEDERAL INSURANCE COMPANY (Seal) IL ° 1 f / # 11,ti -,=(Witness) 4 n E. Tauer Attorney-in-Fact MA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN 1 INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ems: Printed on Recycled Paper 9/93 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ) ss. On this 22nd day of March 2007 County of HENNEPIN ) before me appeared Mike Leuer to me personally known, who, being by me duly sworn, did say that he is the President of TOWER ASPHALT, INC. , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Mike Leuer acknowledged said instrument to be the free act and deed of said corporation. A ..��,�* Notary Public County, � My commission expires �11COLE L)SOON ,''' NOfF YrU LIC VW,FSOTA fi v`' L9,^ % n F,rnS Jan 31,2010 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this 22nd day of March 2007 County of HENNEPIN ) before me appeared John E. Tauer to me personally known, who, being by me duly sworn, did say that he is the Attorney-in-Fact of FEDERAL INSURANCE COMPANY , a corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said John E. Tauer acknowledged said instrument to be the free act and deed of said corporation. aitg? 0,014Dn a i {UJLE l,_SON O ,.SOTA „ i C i " Notary Public County, '' T ' G,n In rt;Jan 31,2010 K My commission expires ri y ,:,� POWER Federal Insurance Company Attn: Surety Department ' 111C 'Cshubb OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 ;CHUBB Know All by These PINSURANCE COMPANY, 'n corporation, LUes � MPCh N co rpo ration, and PACIFIC INDEMNITY COMPANY, W s onsiioororationdo eachherby constitute and appoint Mary Charles, Scott Egginton, R.W. Frank, Linda K. French, Joshua R. Loftis, John P. Martinsen, Donald R. Olson, John E.Tauer and Bruce N.Telander of Minneapolis, Minnesota – – –--—_ – – –— --- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to eae udeli ierthe course their of it b hallf as surety any thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 8th day of March,2005 4,t-j /Z ■ /)-- 7.-.- Assistant / 9ift// Jo Smith,Vice Presi.' Kenneth C.Wendel,Assistant Secretary STATE OF NEW JERSEY `/ ss. County of Somerset On this 8th day of March,2005 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that he is acquainted with John P.Smith,and knows him to be Vice President of said Companies;and that the signature of John P.Smith,subscribed to said Power of Attorney is in the genuine handwriting of John P.Smith,and was thereto subscribed by authority of said By-Laws and in deponent's presence. Notarial Seal Q0.N B.ao rn,P h NOTARy��' SbM r Jeffs/Of ��t _=��J • No.2521.097 _ Notary Public 4;P l3Lt _(<, Commission&Ono Oct.25,4009 �Y JO"' CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies")do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this March 22, 2007 I,nct (e,000.4,4N\ 1 j t eat-, v. • r; J1 A0 41�'ktv *EW YOR'f-. /24'14'(71 --Z Kenneth .Wendel,Assistant Secretary IN THE EVENT YOU SE CONTACOT US AT ADDRESS CLAIM,VERIFY THE ABOVE,OR AUTHENTICITY OF (908)013--340 3D OR NOTIFY ANY OTHER (908)903-3656 MATTER,PLEA e-mail: surety @chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT a * Bonestroo C- BIDDER: 1."A.SCh I 1S� IIS � Jo DOCUMENT 00410 BID FORM 2007 TRAIL AND PARKING LOT IMPROVEMENTS FILE NO.00 0055-07146-0 OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082 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. B. C. 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 No. Addendum Date 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. 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. 00410-1 BID FORM 000055071460BIDFORMals E. Bidder has obtained and carefully studied ris rex lorarionsctests,lstudies,for nd data concerning oncernang additional conditions or supplementary examinations,investigations P (surface subsurface,performance and o f the r°ork nd Facilities)at,or contiguous to,the Site which may affect cost, or which relate to any aspect of the means,methods,techniques, progress,or performance of the Work ed by Bidder,including applying the specific means, sequences,and procedures of construction to be employ methods,techniques,sequences,and precautionsoand programseincidentthere rBidding ures of Documents to be employed by Bl , Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are F P price(s)Bid and within the necessary for the determillation he other terms and conditions oof the Bidding Documents. times and in accordance 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 Biddanr,Documents,and all additional examinations,visits to obtained from the Site,reports and drawings identified in the Bidding Doc investigations,explorations,tests,studies,and data with the Bidding Documents. es that er 1, Bidder has given Engineer written notice of all�enVflrltten resolution by Engineernslacceptableto has discovered in the Bidding Documents,and 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 o 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 ement as this any Bid have been relating touch prices with any other Bidder tor with any competitor for the agreement as to any matters rel g purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not C. competition. to submit a Bid for the purpose of restricting comp 4.02 Bidder understands that the law may require the Owner,or Engineer at the and direction,to qualifications before undertake re a investigation and submit an evaluation concerning Bidder's responsiveness,responsibility, nee and their employees and agents,which Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer out of or relate to such investigation and evaluation,and statements false and made with actual malice Nothing in this paragraph isn be shown by clear and convincing evidence to be intentionally intended to restrict Bidder's rights to challenge a contract pursuant to law. BID FORM 00410-2 000055071460BIDFORM.xIs 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price PART 1-AUTUMN HILLS PARK TRAILS AND GRADING: LS 1 $ os► $_30.00.L. 1 MOBILIZATION 2 SITE GRADING LS 1 $ �470� s_1_411 _ 3 SUBGRADE EXCAVATION CY 20 $ � $_____421_6(/613_ oa 4 GRANULAR BORROW TN 40 $ 7.50 $ 5 AGGREGATE BASE,CLASS 5, 100% TN 95 $ CRUSHED-TRAIL 35 $ JC. $ 6 TYPE LV 4 WEARING COURSE TN MIXTURE(B)-TRAIL rj $ OD 7 SILT FENCE,PERMEABLE LF 200 $ a AC 0.2 $ �000.°° $ [o Qp,ao 8 SEEDING,INCL SEED,FERTILIZER, aD MULCH AND DISK ANCHOR $ I TOTAL PART 1-AUTUMN HILLS PARK TRAILS AND GRADING PART 2-SWAGER PARK PARKING LOT: $ 9 SAWING BITUMINOUS PAVEMENT LF 45 $_____1()12— 10 REMOVE BITUMINOUS PATH SY 15 $ 3 10 $ Sa 11 SITE GRADING LS 1 $_110_0_!!!__ $__12110___ °� 20.al 12 SUBGRADE EXCAVATION CY 60 $_13-51-0 $ 13 GRANULAR BORROW TN 140 $ 7.50 $_____1_05.0111—C) � BID FORM 00410-3 000055071460BIDFORM.xIs I No. Item Units Qty Unit Price Total Price I 14 AGGREGATE BASE,CLASS 5, 100% TN 500 $ 11,5° $ 5150.0° CRUSHED 15 TYPE LV 3 NON WEARING COURSE TN 85 $ t0c1.°O $ 565_6 MIXTURE(B) 85 $ O p0 $ 5 q 16 TYPE LV 4 WEARING COURSE TN MIXTURE(B) 6_11__) 0 17 D412 SURMOUNTABLE CONCRETE LF 365 $ $ ��0 CURB AND GUTTER 40 $ 46) $ tao Oa 18 BITUMINOUS MATERIAL FOR TACK GAL COAT 00 $ I i5 00 19 24"CONCRETE VALLEY GUTTER LF 35 $ 750 $ ,as $ l 0.°C' 20 4"SOLID LINE,WHITE PAINT LF D 1 $ p0 $ 33.°D 21 PAVEMENT MESSAGE, EA n � $ t�,00 HANDICAPPED SYMBOL-PAINT 2 $ b L__- 22 SIGN PANELS,TYPE C,HIGH SF INTENSITY 2 $ d $ �� 23 SALVAGE AND REINSTALL SIGN EA 00 $ 43Q5.°o 24 STREET SWEEPER WITH PICK UP HR 5 $ BROOM WITH OPERATOR a,50 $ �75,p0 25 SILT FENCE,PERM LF 150 $EABLE / � 26 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ 3000.60 $ (Dod. MULCH AND DISK ANCHOR $ So TOTAL PART 2-SWAGER PARK PARKING LOT PART 3-SWAGER PARK TRAIL: 1 $ (b� $ 1600.00 27 MOBILIZATION LS $ 0� 28 REMOVE BITUMINOUS CURB LF 8 $ 60 $ 29 SITE GRADING LS 1 $ I l oo 6 $ I `0o .° 15 $ Ob 30 SUBGRADE EXCAVATION CY � $5 6b 31 GRANULAR BORROW TN 55 $ 32 AGGREGATE BASE,CLASS 5, 100% TN 65 $ ID. $ I `5 41 CRUSHED-TRAIL (' OD $ q 66.6' 33 TYPE LV 4 WEARING COURSE TN MIXTURE(B)-TRAIL 20 $ BID FORM 00410-4 000055071460BIDFORM.xIs No. Item Units Qty Unit Price Total Price 34 CONCRETE PEDESTRIAN CURB SF 102 $ le $ ��.� RAMP 48 �OdD $ a3b�ao 35 TRUNCATED DOME PANEL SF 1 36 4" SOLID LINE,WHITE PAINT LF 120 $ �aa $ olb.`�a � W 37 SILT FENCE,PERMEABLE LF 50 $ •5 $ 38 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ �OOO�� $ �OOb 60 MULCH AND DISK ANCHOR $ -l. D TOTAL PART 3-SWAGER PARK TRAIL PART 4-LINEAR PARK TRAIL: 1 $ 'O�00 $ b (� 39 MOBILIZATION LS 40 CLEAR AND GRUB LS 1 $ 0 $ d100,� 41 SITE GRADING LS 42 SUBGRADE EXCAVATION CY 40 $ � Ob $ Sao aD 43 GRANULAR BORROW TN $ �•�� $ (aaQ,oa 50 °� 44 AGGREGATE BASE,CLASS 5, 100% TN 40 $ CRUSHED-TRAIL �3 (p�, 45 TYPE LV 4 WEARING COURSE 181005 $ MIXTURE(B)-TRAIL as 00 46 SILT FENCE,PERMEABLE TN LF 100 $ $ 47 SEEDING,INCL SEED,FERTILIZER, AC 0.51$$ 'Oa I I o0 0 MULCH AND DISK ANCHOR $ -1 850.00 TOTAL PART 4-LINEAR PARK TRAIL PART 5-OAKGREEN AVENUE N. TRAIL: � a? $ 16C1D.°� 48 MOBILIZATION LS Op $ 00 49 CLEAR AND GRUB LS I $ 50 REMOVE EXISTIN G TREE EA 1 $ � $ a�� LS 1 $ $ 1 Glob,°° 51 SITE GRADING BID FORM 00410-5 000055071460BIDFORM.xIs No. Item Units Qty Unit Price Total Price O0 � 52 SUBGRADE EXCAVATION CY 20 $ $ 15 3 0 OD 53 GRANULAR BORROW TN 0 0 $ -� p � AGGREGATE BASE,CLASS 5,100% TN 125 $ 54 CI)-TRAIL TN 35 $ $ 55 TYPE LV 4 WEARING COURSE •op MIXTURE(B)-TRAIL 34 $ Goo $ 56 CONCRETE PEDESTRIAN CURB SF RAMP O( 57 TRUNCATED DOME PANEL SF 16 $ $ $ U 00 58 SALVAGE AND REINSTALL SIGN EA 1 $ 5 $ 15. $ 59 HR STREET SWEEPER WITH PICK UP ��jj� 000 BROOM WITH OPERATOR 800 $ J-- $ 60 SEEDIN G,IN CL SEED,FERTILIZER, SY AND WOOD FIBER BLANKET 30 $ $ LF 61 BIOROLL TOTAL PART 5-OAKGREEN AVENUE N.TRAIL BASE BID: $ 60 TOTAL PART 1 -AUTUMN HILLS 50 PARK TRAILS AND GRADING L TOTAL PART 2-SWAGER PARK 90 PARKING LOT TOTAL PART 3-SWAGER PARK 0 00 TRAIL $ D ' TOTAL PART 4-LINEAR PARK TRAIL Ob TOTAL PART 5-OAKGREEN AVENUE b N.TRAIL $ TOTAL BASE BID BID FORM 00410-6 000055071460BIDFORM•xls 6. No Item Units Qty Unit Price Total Price ALTERNATE NO.1-OAKGREEN AVENUE N.TRAIL: 1 $ �^� QO $ 62 MOBILIZATION LS 63 TRAFFIC CONTROL LS 1 $ $ _ OD 64 REMOVE AND REPLACE LS 1 $ $ BITUMINOUS PAVEMENT p0 $ a50� EA 2 $ 65 SALVAGE AND REINSTALL SIGN 66 REMOVE 12"RCP STORM SEWER LF 34 $ J_.L— $ t_____/_ .°11_ PIPE 12" 1 $ °'100'0° $ 67 REMOVE 12 FLARED END SECTION EA 68 CONNECT TO EXISTING STORM EA 1 $___31.5 °12-- $ 315,°1) MANHOLE 00 QD 36 $ $ 69 12"RCP STORM SEWER,CLASS 5,0'- LF �� 10'DEEP 1 $___101/0_±°_°— $ 0�, 70 PRECAST 27" SHALLOW DEPTH EA BEEHIVE $ $ OD 71 IMPROVED PIPE FOUNDATION LF p CY 20 $ 72 SITE GRADING 00 LS 1 $ ( $ O��,OU � • 73 SUBGRADE EXCAVATION o° $ a6oOD 74 GRANULAR BORROW TN 40 $ 15 $ � $ g °° 75 AGGREGATE BASE,CLASS 5, 100% TN 135 $ 6a CRUSHED-TRAIL 35 $ $ 76 TYPE LV 4 WEARING COURSE TN , MIXTURE(B)-TRAIL 68 $ �V 77 CONCRETE PEDESTRIAN CURB SF $ RAMP $ OD $ 78 TRUNCATED DOME PANEL SF 70 $ 0 $ 79 4" SOLID LINE,WHITE PAINT LF 5 oO 80 12" SOLID LINE,WHITE PAINT LF 16 $ $ p0 $ 1aS� 81 SALVAGE AND REINSTALL SIGN EA I $ OU $ 5 $ c 82 STREET SWEEPER WITH PICK UP HR BROOM WITH OPERATOR BID FORM 00410-7 000055071460BIDFORM.xIs No. Item Units Qty Unit Price Total Price 83 SEEDING,INCL SEED,FERTILIZER, SY AND WOOD FIBER BLANKET I(•� 84 BIOROLL 500 $ LF 30 $ $ � 85 PROTECTION OF CATCH BASIN,NON- EA 1 $ Oa $ 300 y.. STREET $ TOTAL ALTERNATE NO.1- OAKGREEN AVENUE N.TRAIL ALTERNATE NO.2-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE A: 2 $ ap $ �0 � 86 LIGHTING FIXTURE EA $ 1 $2 °O 400.oa' 87 CONCRETE LIGHT POLE BASE EA 175 $ 13 .7 88 1 1/2"PVC CONDUIT LF $ 89 #12 AWG WIRE LF 360 $ ( .05 $ 378 00 1 $ 330.0° $ 330•°D 90 POLE RISER EQUIPMENT EA LF 120 $ 3.3° $ 3%."91 #2 AWG WIRE 00 1 $ $ 3 70. 92 CONCRETE EQUIPMENT PAD EA °° 1 $ �O� � $ p0 93 LIGHTING SERVICE CABINET EA EA 1 $ !�(,� 00 $ LI i I�f,00• 94 HANDHOLE $ 6 _150 � TOTAL ALTERNATE NO.2- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- 00 LIGHTING FIXTURE TYPE B: 0 $ 95 LIGHTING FIXTURE EA 2 $___V1152—°2 $ $ go 02o EA oD 96 CONCRETE LIGHT POLE BASE 0 �� 5 97 1 1/2"PVC CONDUIT LF 175 $ $ BID FORM 00410-8 000055071460BIDFORM.xLs N°' Item Units Qty Unit Price Total Price �-- OD 98 #12 AWG WIRE LF 360 $ $ 1 $ $ EA I 99 POLE RISER EQUIPMENT 3 Q 120 $ $ 100 #2 AWG WIRE LF 101 CONCRETE EQUIPMENT PAD IN EA 1 $ $ EA 00 $ � 102 LIGHTING SERVICE CABET EA 1 $ 1� �0 �y . DO $ 1 $ 103 HANDHOLE 5 0 TOTAL ALTERNATE NO.3- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID SUMMARY: TOTAL BASE BID yo TOTAL ALTERNATE NO.1- OAKGREEN AVENUE N.TRAIL C TOTAL ALTERNATE NO.2- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A $ ALTERNATE NO.3- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID FORM 00410-9 000055071460BIDFORMxIs 6.01 Bidder agrees that the work will be Substantially Completed or and com mpl a daandoready io for Final number l Payment in calendar days accordance with paragraph 14.07.B of the General Conditions indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on Mf�YPI'1_ —,2007 If Bidder Is: An Inddual Name(typed or printed): (SEAL) By. (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Fax No.: Phone No.: BID FORM 0041040 000055071460BIDFORM.xls A Partnersluy (SEAL) Partnership Name: By' (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Fax No.: Phone No.: A Co__raoration t •• _: • (SEAL) Corporation Name: State of Incorporation: '& $ s Type(General Business,Professional,Service,Limited Liability): By: (Signature) Name(typed or printed): -11 Title: S (CORPORATE SEAL) , Attest � - `�/ , (Si_ )re of Corporate Secretary) Business Street Addre s(No P.O.Box#'s): • 46, 1 • t • V1 a 5 ± - 27-- 1 Fax No.: Phone No.: BID FORM 000055071460BIDFORM.xIs A Joint Venture (SEAL) Joint Venture Name: By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Fax No.: Phone No.: (SEAL) Joint Venturer Name: By: (Signature) Name(typed or printed): Title: Business Street Address(No P.O.Box#'s): Fax No.: Phone 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 BID FORM 00410-12 000055071460BIDFORM.xIs 4 Bid or Proposal Ohio Farmers Insurance Co. Bond One Park Circle, PO Box 5001 Westfield Companies Westfield Center, Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS, THAT WE T. A. SCHIFSKY& SONS, INC. 2370 E. Highway 36, North St. Paul, MN 55109 as Principal, and the OHIO FARMERS INSURANCE COMPANY, an Ohio corporation, with Principal Office at Westfield Center, Ohio, as Surety, are held and firmly bound unto the City of Oak Park Heights 14168 Oak Park Blvd., Oak Park Heights, MN 55082 as Obligee, in the penal sum of 5% of the Amount of Bid lawful money of the United States of America, for the payment DOLLARS, y p yment of which, well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severalty, nrmty Dy these presents. SIGNED This Nineteenth March day of 2007 WHEREAS the said Principal is herewith submitting proposal for 2007 Trail and Parking Lot Improvements Bid Opening: March 22, 2007 10:00 AM NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shall exe- cute a contract and give bond for the faithful performance thereof, if required, within notified in writing of the award of such contract to Principal.or if the Principal or Surety shall pay the Obligee he being exceeding the penalty hereof, by which the amount of the contract entered into in good faith covering the said proposal, property and lawfully executed by and between the Obligee and some third party, may exceed the amount bid by Principal, then this obligation shall be void; otherwise it shall remain In full force and effect. T. A. SCHIFSKY& SONS, INC. /, Principal By .. .V le itzer, I- President K-01410 FARMER Ai SU:. CE COMPANY r.thy A. Szczepg Attorney-in-fact SD 5045.L(11/97) r t 5003—^Acknowiedgmeat by Corporation or Association. (Revised 1921) ec:u«-D-v,.co..Mionsapol a.KIM. Mate of Minnesota On. this 19th day of March 2007 L. County of Ramsey S before me appeared Gayle Ritzer to me personally known, who, being by me duly sworn, did say that........She is the Vic..e..EreSidertt of T.A.Schifsky&Sons, Inc. a corporation, that the seal affixed to the foregoing intrunent is the corporate seal of said corporation, (If no seal. so state.and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors ; and that said Gayle Ritzer acknowledged said instrument to be the free act and .eed of mid ro�r rations :0,7.41.e. E R.HARTMAN ► .+�� Ramsey Count, Minnesota F JEANN rotarl// blia y�Notary Public ►.;. Minnesota ■ Airy commission expires January 31,2010 My Commission Expires J�nuary 31,2010: ACKNOWLEDGMENT OF SURETY Minnesota STATE OF ss, COUNTY OF Ramsey On this 19th . day a March 2007 personally appeared before me Dorothy A.Szczepanski, who being duly sworn did depose and say that she is the attorney:in-fact of the Ohio Farmers Insurance Company of Westfield Center, Ohio,That the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Dorothy A.Szczepanski acknowledged that she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. r/. 1-- 505439 Reprinted 10.71 ry Public JEANNE R.HARTMAN s � Notary Public Minnesota My Commission Expires January 31,2010 • THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 01130/03,FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 2263102 OZ General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY 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 DAVID JENNIFER A.BAENS I JAMES C. .DOROTHY H A.SZCZEPANSKI.JEANNE JOINTLY R. ARTMAALN..YINDA L.KUPLIC.PATRICK J.KELLY. F of NORTH ST. PAUL. and State of UN its true and lawful Attorney(s)-in-Fart,with hilt power and uthority hereby conferrer)in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of surehKhiP LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE ThraXIITFE,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 Attorneys)-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 Attorneys)-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 it signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that true signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney 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 8,2000). in Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and 01410 FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 30th day of JANUARY A.D.,2003 . """""''• ,•""""""6 WESTFIELD INSURANCE COMPANY Corporate r�YA� •''(�nNA��y'• �`' WESTFIELD NATIONAL INSURANCE COMPANY seats .pct -e47.:**,..... s , �+, Affixed ....• a. 0% o• _ , t OHIO FARMERS INSURANCE COMPANY ti:1 SEAL-Vt ~ ‘''4%..� n. = 1848 ! : —/- 7 $� ' "•d: Or-If ■(< 4AA)1Z -.t1Z State of Ohio .•• •• "�� By: County of Medina ss.: Richard L. Kinnaird,Jr.,Senior Executive On this 30th day of JANUARY A.D.,2003 , before me personally came Richard L. Kinnaird, Jr.to me known,who, being by me duly sworn, did depose and say,that he resides in Medina,Ohio;that he is 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 knows the seals of said Companies;that the seals affixed to said instrument are such corporate scats;that thcy ware so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial «ea /. if idited.g:....‘ tAL Affixed '`P k.....iSF . William J.Kahelin,A,•rney at Law, Notary Public State of Ohio t4% „. ,'.yam/o My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina as.: . `t N.reoFO,,r' I, M. Brooks Rorapaugh, 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 t day of March A'D' 2007' sV�a ��t7NA1 iZ LL: :n= SS 1/ i r: SEAL •m: it: eva►' y; '�= S ••••••1648 ' = M.Brooks Rorapaugh,Secre ry BPOAC2(combined)(06-02) 4 r Bonestroo BIDDER: Miller Excavatin• Inc , DOCUMENT 00410 BID FORM 2007 TRAI L AND PARKING LOT IMPROVEMENTS BID copy FILE NO.000055-07146-0 OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED Minnesota City of Oak Park Heights, Hall 14168 Oak Park Boulevard Oak Park Heights,MN accepted,to enter into an Agreement with Owner in the form and agrees,if this Bid is accep Documents for the in and 1.01 cl The undersigned Bidder proposes erform all work as specified or indicated in the Bidding Documents. within the in the Bidding Documents to p times indicated in this Bid and in accordance with the other terms and conditions of the Bidding n those dealing within the tt without limitation for cl days after the Bid Opening,or dealing such 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders,including with the disposition of Bid Security. The Bid will remain subject to acceptance 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 � Addenda,receipt of all which is hereby acknowledged: Biddinn g Documents,and the following Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general,local,and Site conditions ha ditions 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, subsurface conditions in or relating to existing which have been identified in SC- 4.02, at,or nti and all drawings exphysical ound Facilities) 4.02,and d(2)reports e co and drawings e of (except Underground and of Hazardous Environmental Conditions that have been identified in SC- 4.06. 4.02,and(2) BID FORM 00410-1 000055071460BIDFORM.x15 E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Bidder,including applying the specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000055071460BIDFORM.xls 00410-2 BID FORM 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price I PART 1-AUTUMN HILLS PARK TRAILS AND GRADING: 1 MOBILIZATION LS 1 $ 5000 .00 $ 5000 .00 2 SITE GRADING LS 1 $ 2000 .00 $ 2000.00 3 SUBGRADE EXCAVATION CY 20 $ 10.00 $ 200.00 4 GRANULAR BORROW TN 40 $ 8 .00 $ 320.00 5 AGGREGATE BASE,CLASS 5, 100% TN 95 $ 14 .00 $ 1330.00 CRUSHED-TRAIL 6 TYPE LV 4 WEARING COURSE TN 35 $ 70.00 $ 2450.00 MIXTURE(B)-TRAIL 7 SILT FENCE,PERMEABLE LF 200 $ 4.00 $ 800.00 8 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ 6250 .00 $ 1250.00 MULCH AND DISK ANCHOR TOTAL PART 1-AUTUMN HILLS $ 13350 .00 PARK TRAILS AND GRADING PART 2-SWAGER PARK PARKING LOT: 9 SAWING BITUMINOUS PAVEMENT LF 45 $ 2 .25 $ 101 .25 10 REMOVE BITUMINOUS PATH SY 15 $ 3.00 $ 45.00 11 SITE GRADING LS 1 $ 3000.00 $ 3000.00 12 SUBGRADE EXCAVATION CY 60 $ 1 0.00 $ 600.00 13 GRANULAR BORROW TN 140 $ 8 .00 $ 1120.00 000055071460BIDFORM.xjs 00410-3 BID FORM Units Qty Unit Price Total Price Item No. ° .� 500$ 14 .00 $ 7000 .00 14 AGGREGATE BASE,CLASS 5, 100% 60 .65 $ 5155 .25 CRUSHED 85 $ TYPE LV 3 NON WEARING COURSE TN 1s 70 ,00 $ 5950 .00 MIXTURE(B) 85 $ 16 TYPE LV 4 WEARING COURSE $ MIXTURE(B) LF 365 $ 17 D412 SURMOUNTABLE CONCRETE 5 50 $ 22O OO CURB AND GUTTER 40 $ BITUMINOUS MATERIAL FOR TACK GAL 18 18 .00 $ 630 .00 COAT LF 35 19 24"CONCRETE VALLEY GUTTER 1 00 $ 7 50 .00 LF 750 $ 20 4" SOLID LINE,WHITE PAINT $ 95 .00 EA 1 $ 21 PAVEMENT MESSAGE, 75 00 $ 150 .00 HANDICAPPED SYMBOL-PAINT 2 $ SF 22 SIGN PANELS,TYPE C,HIGH 1 00 OO $ 2O0 INTENSITY 2 $ 23 SALVAGE AND REINSTALL SIGN EA HR 5 $ 85 .00 $ 425 .00 24 STREET SWEEPER WITH PICK UP $ BROOM WITH OPERATOR LF 150 $ 25 SILT FENCE,PERMEABLE 6250 ,00 $ 1250 .00 FERTILIZER, AC 0.2$ 26 SEEDING,INCL SEED, $ 33076 .7 5 MULCH AND DISK ANCHOR TOTAL PART 2-SWAGER PARK PARKING LOT PART 3-SWAGER PARK TRAIL: LS 1 $ 1500 .UU $ 1500.00 27 MOBILIZATION $ LF 8 $ 28 REMOVE BITUMINOUS CURB 2000 .00 $ 2pOQ OO LS 1 $ 29 SITE GRADING 10 .00 $ 150 ,00 CY l5 $ 30 SUBGRADE EXCAVATION $ TN 55 $ 31 GRANULAR BORROW 91 U .UO 65 $ 32 AGGREGATE BASE,CLASS 5, 100% 70 00 $ 1400 .00 CRUSHED-TRAIL 20 $ 33 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL TN BID FORM 00410-4 000055071460BIDFORMAls No. Item Units Qty Unit Price Total Price 34 CONCRETE PEDESTRIAN CURB SF 102 $ 5 .00 $ 510 .00 RAMP 48 $ 51 .00 $ 2448 .00 35 TRUNCATED DOME PANEL SF 36 4" SOLID LINE,WHITE PANT LF 120 $ 1 .00 $ 120.00 37 SILT FENCE,PERMEABLE LF so $ 4 .00 $ 200 .00 FERTILIZER, AC 0.2 $ 6250 .00 $ 1250 .00 38 SEEDING,INCL SEED, 10960 .00 MULCH AND DISK ANCHOR $ TOTAL PART 3-SWAGER PARK TRAIL PART 4-LINEAR PARK TRAIL: 1 $ 1 000.00 $ 1000 .00 39 MOBILIZATION LS 40 CLEAR AND GRUB LS 1 $ 1000 .00 $ 1000 .00 LS 1 $ 2000.00 $ 2000.00 41 SITE GRADING 400 .00 42 SUBGRADE EXCAVATION CY 40 $ 10 .00 $ TN 80 $ 8 ,00 $ 640 .00 43 GRANULAR BORROW 44 AGGREGATE BASE,CLASS 5, 100% TN 400 $ 14 .00 $ 5600 .00 CRUSHED-TRAII. IN 115 $ 70 '00 $ 8U50 X00 45 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL 100 $ $ 46 SILT FENCE,PERMEABLE LF 47 SEEDING,INCL SEED,FERTILIZER, AC o.s $ 6250 .00 $ 3125.00 MULCH AND DISK ANCHOR $ 22215.00 TOTAL PART 4-LINEAR PARK TRAIL PART 5-OAKGREEN AVENUE N. 1000 .00 TRAIL: 1 $ 1000 .00 $ 48 MOBILIZATION LS 49 CLEAR AND GRUB LS 1 $ 1000 .00 $ 1000.00 50 REMOVE EXISTING TREE EA 1 $ 200 .00 $ 200.00 51 SITE GRADING LS 1 $ 4500.00 $ 4500 .00 BID FORM 00410-5 000055071460BIDFORM.xIs No. Item Units Qty Unit Price Total Price 52 SUBGRADE EXCAVATION CY 20 $ 10 .00 $ 200 .00 53 GRANULAR BORROW TN 40 $ 8 .00 $ 320.00 54 AGGREGATE BASE,CLASS 5, 100% TN 125 $ 14 .00 $ 1750.00 CRUSHED-TRAIL 55 TYPE LV 4 WEARING COURSE TN 35 $ 70 .00 $ 2450.00 MIXTURE(B)-TRAIL 56 CONCRETE PEDESTRIAN CURB SF 34 $ 5 .00 $ 170 .00 RAMP 57 TRUNCATED DOME PANEL SF 16 $ 51 .00 $ 816 .00 58 SALVAGE AND REINSTALL SIGN EA 1 $ 135.00 $ 135.00 59 STREET SWEEPER WITH PICK UP HR 5 $ 85 .00 $ 425 .00 BROOM WITH OPERATOR 60 SEEDING,INCL SEED,FERTILIZER, SY 800 $ 2 .20 $ 1760 .00 AND WOOD FIBER BLANKET 61 BIOROLL LF 30 $ 6 .25 $ 187 .50 TOTAL PART 5-OAKGREEN $ 14913. 50 AVENUE N.TRAIL BASE BID: TOTAL PART 1 -AUTUMN HILLS $ 13350.00 PARK TRAILS AND GRADING TOTAL PART 2-SWAGER PARK $ 33076 . 75 PARKING LOT TOTAL PART 3-SWAGER PARK $ 10960.00 TRAIL TOTAL PART 4-LINEAR PARK TRAIL $ 22215.00 TOTAL PART 5-OAKGREEN AVENUE $ 1 491 3 . 50 N.TRAIL TOTAL BASE BID $ 94515.25 000055071460BIDFORM.xls 00410-6 BID FORM No. Item Units Qty Unit Price Total Price ALTERNATE NO.1-OAKGREEN 950 .00 AVENUE N.TRAIL: LS 1 $ 95O 62 MOBILIZATION 22n 0 .00 63 TRAFFIC CONTROL LS 1 $ 2200 .00 $ LS 1 $ 4750 .00 $ 4750 .00 64 REMOVE AND REPLACE 260 .00 BITUMIN OUS PAVEMENT 2 $ 13U .00 $ 65 SALVAGE AND REINSTALL SIGN EA 15.00 $ 510 .UO 34 $ 66 REMOVE 12"RCP STORM SEWER LF 150 .00 PIPE 1 $ 150 .00 67 REMOVE 12"FLARED END SECTION EA 300 .00 68 CONNECT TO EXISTING STORM EA 1 $ 300 .00 $ MANHOLE 36 $ 75 .UO $ 27OU.00 69 12"RCP STORM SEWER,CLASS 5,0'- LF 10'DEEP 1 2000 .00 $ 2000 .00 70 PRECAST 27" SHALLOW DEPTH EA BEEHIVE 25 $ 1 $ 71 IM LF PROVED PIPE FOUNDATION 4000.OU LS 1 $ 4000 .00 $ 72 SITE GRADING 200 .00 20 $ 10 .00 $ 73 SUBGRADE EXCAVATION CY 320 .00 $ $ 74 GRANULAR BORROW 40 8 .00 1890 .00 75 AGGREGATE BASE,CLASS 5,100% TN 135 $ 1 4 .O0 $ CRUSHED-TRAIL I N 35 $ $ 76 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL SF 68 $ $ 77 CONCRETE PEDESTRIAN CURB 1632.00 RAMP SF 32 $ 51 .00 $ 78 TRUNCATED DOME PANEL 157 .50 LF 70 $ 2 .25 $ 79 4" SOLID LINE,WHITE PAINT L 52.00 80 12" SOLID LINE,WHITE PAINT LF 16 $ 3.25 $ 81 SALVAGE AND REINSTALL SIGN EA 1 $ 1 $ 5 $ 85 .00 $ 425.00 82 STREET SWEEPER WITH PICK UP HR BROOM WITH OPERATOR BID FORM 00410-7 000055071460BIDFORMxIs Item Units Qty Unit Price Total Price No. 83 SEEDING,INCL SEED,FERTILIZER, SY 500 $ 2 .50 $ 1250 .00 AND WOOD FIBER BLANKET LF 30 $ 6 25 $ 187 .50 84 BIOROLL 475 ,00 1 $ 475 .00 $ 85 PROTECTION OF CATCH BASIN,NON- EA $ 27359 .00 STREET TOTAL ALTERNATE NO.1- OAKGREEN AVENUE N.TRAIL ALTERNATE NO.2-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE A: EA 2 $ 3100 .00 $ 6200 .00 86 LIGHTING FIXTURE 87 CONCRETE LIGHT POLE BASE EA 2 $ 700 .00 $ 140 .00 88 1 1/2"PVC CONDUIT LF 175 $ 6 .00 $ 1050 .00 LF 360 $ $ 89 #12 AWG WIRE 675 .00 $ 675 .00 90 POLE RISER EQUIPMENT EA 1 $__________ LF 120 $ 3.00 $ 360 .00 91 #2 AWG WIRE 525.00 EA 1 $ 525.00 $ 92 CONCRETE EQUIPMENT PAD 4400 .00 EA 1 $ 44UU .00 $ 93 LIGHTING SERVICE CABINET 1 $ 500 ,oo $ 500.OG EA 94 HANDHOLE $ 15470 .00 TOTAL ALTERNATE NO.2- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE B: EA 2 $ 3000 �� $ 6000 .00 95 LIGHTING FIXTURE EA 2 $ 700 ,00 $ 1400 .00 96 CONCRETE LIGHT POLE BASE 1050 .00 97 1 1/2"PVC CONDUIT LF 175 $ 6 ,00 $ BID FORM 00410-8 0000 s s on 46oBIDFORM.xis No. Item Units Qty Unit Price Total Price I 98 #12 AWG WIRE LF 360 $ 1 .00 $ 360 .00 99 POLE RISER EQUIPMENT EA 1 $ 675 .00 $ 675.00 100 #2 AWG WIRE LF 120 $ 3 .00 $ 360 .00 101 CONCRETE EQUIPMENT PAD EA is 525.00 $ 525 .00 102 LIGHTING SERVICE CABINET EA 1 $ 4400 .00 $ 4400.00 103 HANDHOLE EA 1 $ 500.00 $ 500.00 TOTAL ALTERNATE NO.3- $ 15270 .00 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID SUMMARY: TOTAL BASE BID $ 94515.75 TOTAL ALTERNATE NO.1- $ 27359.00 OAKGREEN AVENUE N.TRAIL TOTAL ALTERNATE NO.2- $ 15470 .00 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A TOTAL ALTERNATE NO.3- $ 15270 .00 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B 000055ons60BIDFORmads 00410-9 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBy:BMITTED on March 22, ,2o�C 7 (SEAL) If Bidder Is: An Individual Name(typed or printed): (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: 00410-10 BID FORM 000055071460BID FORM.XIs A Partnership Partnership Name: (SEAL) By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: A Corporation Corporation Name: Miller E X ca va t 1 n g, Inc. (SEAL) State of Incorporation: Minnesota Type(General Business,Professional,Service,Limited Liability): Genera 1 By: 4.■ ,> 4- 2e (Signature) Name(typed printed): Stephen G . St . Claire (type p ed) Title: Vice President Attest /"i7 (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address(No P.O.Box#'s): 3636 Stagecoach Tr . N. Stillwater, MN 55082 Phone No.: 651 -439-1637 Fax No.: 651 -351 -7210 000055071460BIDFORM.xls 00410-11 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) 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 000055071460BIDFORM.als 00410-12 BID FORM A THE AMERICAN INSTITUTE OF ARCHITECTS ��‘�y a-_/ AIA Document A310 Bid Bond BOND#RB9158012059 KNOW ALL MEN BY THESE PRESENTS, that we MILLER EXCAVATING, INC. 3636 STAGECOACH TRAIL NORTH,STILLWATER,MN 55082 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GRANITE RE, INC. 14001 QUAILBROOK DRIVE,OKLAHOMA CITY,OK 73134 (Here insert full name,and address or legal title of Surety) a corporation duly organized under the laws of the State of OKLAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF OAK PARK HEIGHTS (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE AND 001100 PERCENT of Amount Bid Dollars $ 5 %of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT NO. 000055-07146-0; 2007 TRAIL AND PARKING LOT IMPROVEMENTS (SITE CLEARING, GRADING, STORM SEWER, LIGHTING,ASPHALT TRAIL AND CONCRETE CURBING) (Here insert full name,address and description of project) 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 15th day of March, 2007. ,7 MILLER EXCAVATING, INC. �J t�+ Poeril (Seal)liAffIALIA C 1- itz . "I'e(Witness) ��� (Title) 0 GRANITE RE, IN S+ + • - I (Surety) (Seal) ��' ' / (Title) i Orr tness) Jonathan Pate,Attorney-in-Fact Pate Bonding,Inc. 1276 South Robert Street West St.Paul,MN 55118 (651)457-6842 AIA DOCUMENT A310 BID BOND AIA® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) ) County of ) On this day of , in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s)to me that_he_executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of , in the year , before me personally come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ii I NN> clrA ) ) County of WASNiA/j,veW ) On this �Z day of "1-12LH , in the year 2007`7 , before me personally come(s) rEP)tEn/ 6. ST. LL'4!I , to me known, who, being duly sworn, deposes and says that he is the Vitt P2ESt17Elva-- of the /'1 1LLE1a E .�vtA 1Avlo, lsvL. the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his na a thereto by like order. ,7"°'Y" e,' MARGUERITE C.SONJU No Public/ Jw NOTARY PUBLIC•MINNESOTA t.°' ': .�`' MY JAANUARYI©N 20 0RE5 ACKNOWLEDGMENT OF SURETY State of Minnesota County of Dakota ) On this 15th day of March, in the year 2007, before me personally come(s) Jonathan Pate, Attorney(s)-in-Fact of GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order. /.!'fill i Ch JENNIFERNI•BGY�ES t Nota gblic ' -' MINNESOTA t° 1,s<r;- NOTARY PUBLIC-M c; �S` " 54. my Commission Expires Jan.31,200 J1•,/'�.1-/lll/./-/./lyll�/'_.--ill GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified copy of which is hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.FRANCOUR may lawfully do in the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer,this 26th day of October,2004. e= SEAL -i J�arryt eher,Preel.lt STATE OF OKLAHOMA ) ) SS: COUNTY OF OKLAHOMA ) Rodman A.Frates,Secretary/Treasurer On this 26th day of October,2004,before me personally came R.Darryl Fisher,Vice President of the GRANITE RE,INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R.Darryl Fisher and Rodman A.Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as Vice President and Secretary/Treasurer,respectively,of the Company. (-4,0112 My Commission Expires: May 9,2008 Commission#:00005708 Notary Public GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc.,an Oklahoma Corporation,HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987,minutes of the meeting of the Board of Directors of Granite Re,Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company,the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 15th day of March, 2007. .HIT.RS w SEAL +, ., odman A.Frates,Secretary/Treasurer 44: Bonestroo BIDDER: VeJ DOCUMENT 00410 BID FORM 2007 TRAIL AND PARKING LOT IMPROVEMENTS FILE NO.000055-07146-0 OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082 er in the form 1.01 The undersigned Bidder proposes and agees,if this Bid is accepted,to enter indicated in Biddl�g Documents Ofor the prices and included in the Bidding Documents to perform all work as specified or indicat 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 ll remain Instructions b o acceptance for 60 days after limitation those Opening,or dealing such with the disposition of Bid Security. The B 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 No. 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 astto all federal,state,and local Laws and Regulations that may affect cost,progress,and performance of the D. Bidder has carefully studied all: (1reports o f physical conditions an tests of subsurface or relating to existing conditions rface oru subsurface contiguous to,the Site and all drawings p Y or contiguous the Site(except Underground which that SC- 4.02,a nd(2)reports and raw n s of Hazardous Environmental Conditions ha a been identified in SC- 4.06. 00410-1 BID FORM 000055071460BIDFORM.xIs E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Bidder,including applying the specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000055071460BIDFORMads 00410-2 BID FORM 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 General Conditions. price(s)set forth below and have been computed in accordance with paragraph 11.02 of the Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. Item Units Qty Unit Price Total Price No. PART 1-AUTUMN HILLS PARK TRAILS AND GRADING: $ s ba.tao $�s Sab • 1 MOBILIZATION OQ, o0 2 SITE GRADING LS 1 $����D•vo $ d��y� CY 20$ 1) .moo $ �a�'pO 3 SLJBGRADE EXCAVATION 40 $ �3 '�S $ 3so • c�u GRANULAR BORROW TN 4 0 95 $ $AGGREGATE BASE,CLASS 5, 100% TN 5 gp. ov CRUSHED-TRAIL 35 $ ��� OO $ 3� — TN 6 TYPE LV 4 WEARING COURSE 7O OD MIXTURE(B)-TRAIL LF 200 $ ' $ 7 SILT FENCE,PERMEABLE AC o.2$ ��9Q•cr�$ 8 SEEDING,INCL SEED,FERTILIZER, MULCH AND DISK ANCHOR $15,135—Q—'-00 TOTAL PART 1-AUTUMN HILLS PARK TRAILS AND GRADING LS PART 2-SWAGER PARK PARKING LOT: 45 $ " $ 9 SAWING BITUMINOUS PAVEMENT LF 10 REMOVE BITUMINOUS PATH SY 15 $ ' $ —I � . �� 11 SITE GRADING O 12 SUBGRADE EXCAVATION S IN 140 $ 7S $ 13 GRANULAR BORROW BID FORM LcSy 00410-3 000055071460BIDFORM.x1s No. Item Units Qty Unit Price Total Price 14 AGGREGATE BASE,CLASS 5,100% TN 500 $ �s' `/O $ � �b0• po CRUSHED 85 $ '7l. �O $ �i 35.o fl TYPE LV 3 NON WEARING COURSE TN 15 1r� �o SD MIXTURE(B) TN 85 $ 7!f° !O $_____-- 16 TYPE LV 4 WEARING COURSE �® MIXTURE(B) 365 $ ��' �� $___25..7/22__9_22 17 D412 SURMOUNTABLE CONCRETE LF CURB AND GUTTER 40$ 3 a $ 6.":42. 0 0 18 BITUMINOUS MATERIAL FOR TACK GAL COAT 35 $ / 7•6.C> $ li>l.- • G�fl LF 19 24"CONCRETE VALLEY GUTTER (7C)20 4" SOLID LINE,WHITE PAINT LF 750$ d-`JI $ 3 21 PAVEMENT MESSAGE, 2$ �S�9® $ � 31 , �p HANDICAPPED SYMBOL-PAINT SF 22 SIGN PANELS,TYPE C,HIGH ��� as INTENSITY 2 $ Jd y� GO $ EA 23 SALVAGE AND REINSTALL SIGN j____016_"-it--='c) 24 STREET SWEEPER WITH PICKUP E:3,5- $ S7� �D BROOM WITH OPERATOR 150 $ 3' 25 SILT FENCE,PERMEABLE �9g 'p b 26 SEEDING,INCL SEED,FERTII-MEN $__ 5_,-3-2--F,'�� MULCH AND DISK ANCHOR TOTAL PART 2-SWAGER PARK PARKING LOT PART 3-SWAGER PARK TRAIL: 1 $3229_12_9 $ ?9 ' ov 27 MOBILIZATION LS 6- �� 28 REMOVE BITUMII•1OUS CURB LF 8 $ y ` 9-C, $ LS 1 $ , �G '.CO $ af_ 1?' 17C5 29 SITE GRADING 1s $ >J• t'O $ JAS- rev 30 SUBGRADE EXCAVATION CY 55 $ B•75 $ LL i oh s 31 GRANULAR BORROW 65 $ �S'-© $ /---l �o 32 AGGREGATE BASE,CLASS 5,100% TN )�e • DD $ a�b 2 b o CRUSHED-TRAIL I N 20 $ 33 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL BID FORM 00410-4 000055071460BIDFORM.xIs Item Units Qty Unit Price Total Price No. 34 CONCRETE PEDESTRIAN CURB SF 102 $ S $ Sd •9D RAMP SF 48 $ S`I'g® $ 35 TRUNCATED DOME PANEL 36 4" SOLID LINE,WHITE PAINT LF 120 $ '`fs $ �� �� 37 SILT FENCE,PERMEABLE LF 50$ ?, �� $ �9a•sD 38 SEEDING,INCL SEED,FERTILIZER, AC 0.2$ $ ��, DO MULCH AND DISK ANCHOR $ �-} 447. D S TOTAL PART 3-SWAGER PARK TRAIL PART 4-LINEAR PARK TRAIL J $ f 3O 39 MOBILIZATION LS 1 $ 40 CLEAR AND GRUB kp LS 1 $ 1�jp� d0 $ f� o 41 SITE GRADING LS CY 40$ �� ' by $ '}�O. Dc' 42 SUBGRADE EXCAVATION �Q D Q � 80$ g-�� $ 43 GRANULAR BORROW � -400$ lS 44 AGGREGATE BASE,CLASS 5, 100% �� $ �' , C7C7 CRUSHED-TRAIL TN 115 $ 45 TYPE LV 4 WEARING COURSE MIXTURE(B)-TRAIL 100 $ - s $ �O LF 46 SILT FENCE,PERMEABLE 47 SEEDING,INCL SEED,FERTILIZER, $ y ter g0•tr� MULCH AND DISK ANCHOR TOTAL PART 4-LINEAR PARK TRAIL PART 5-OAKGREEN AVENUE N. 17� TRAIL: LS 1 $ j�)7D•VO $ , 48 MOBILIZATION O, LS 1 $ S 9d.DD $ 's 49 CLEAR AND GRUB O O a EA 1 $ 1 370, bO $ 1 �7 50 REMOVE EXISTING TREE G $51 SITE GRADING LS BID FORM 00410-5 000055071460BIDFORM•xls No. Item Units Qty Unit Price Total Price 52 SUBGRADE EXCAVATION CY 20 $ Ee P� $_2_ ,___- l____)13 0O 53 GRANULAR BORROW 54 AGGREGATE BASE,CLASS 5,100% TN 125 $ /.5-: yO $ _ Dc" CRUSHED-TRAIL 35 $__EL____t $ °?'� �,�D 55 TYPE LV 4 WEARING COURSE TN MIXTURE(B)-TRAIL S $_2_4___.-7S. D 56 CONCRETE PEDESTRIAN CURB SF 34$ 9 RAMP 16 $ �•9� $ 8�$ y� 57 TRUNCATED DOME PANEL SF � 58 SALVAGE AND REINSTALL SIGN EA 1 $ 137, 00 $ /37• �a 59 STREET SWEEPER WITH PICK UP HR 5 $ l45-- r)° $ gas ct,c) BROOM WITH OPERATOR 800 $ Q $ `j"a p , o O 60 SEEDING,INCL SEED,FERTILIZER, SY AND WOOD FIBER BLANKET 30$ S,SO $ I�S' �� 61 BIOROLL LF TOTAL PART 5-OAKGREEN AVENUE N.TRAIL BASE BID: $ �� O TOTAL PART 1-AUTUMN HILLS PARK TRAILS AND GRADING $ 3� a _L© TOTAL PART 2-SWAGER PARK _ PARKING LOT $ tJ � TOTAL PART 3-SWAGER PARK TRAIL $ ?,14 C� TOTAL PART 4-LINEAR PARK TRAIL $ ooc� -ao TOTAL PART 5-OAKGREEN AVENUE N.TRAIL $ ?j oZ a• c TOTAL BASE BID BID FORM 00410-6 . OOOOS5071460BIDFORMxIs No. Item Units Qty Unit Price Total Price ALTERNATE NO.1-OAKGREEN AVENUE N.TRAIL: 7b CEO $4_6_-___N-1:_e 62 MOBILIZATION LS 1 $ C LS I $r�r X90-0 0$ v"1 / d.°� 63 TRAFFIC CONTROL 64 REMOVE AND REPLACE LS 1 $ -3C) $ 3,350 . 0CD BITUMINOUS PAVEMENT 2 $ 3� p0 $ a 7�. G O 65 SALVAGE AND REINSTALL SIGN EA 34 $ t/2_1"__ ----E) $ S�J ' �� 66 REMOVE 12,�RCP STORM SEWER LF PIPE I $ 0(� $ 1�5, 00 67 REMOVE 12"FLARED END SECTION EA 68 CONNECT TO EXISTING STORM EA 1 $ 3a9. �o $ 3 ag. aO MANHOLE 36 $ '5.2. v $ 0-7 �� '�� 69 12"RCP STORM SEWER,CLASS 5,0'- LF 10'DEEP I $ oar,'�vim-OU $ as 0. c 70 PRECAST 27" SHALLOW DEPTH EA �/ 5-C)BEEHIVE LF 25 $ -10 $ 71 IMPROVED PIPE FOUNDATION o 1 $ q_ g9o.[ao $ 9 , g� .0 72 SITE GRADING LS 73 SUBGRADE EXCAVATION CY C O TN 40 $ a•p � $ . 5-..).74 GRANULAR BORROW 7� - 00 TN 135 $ J s.yo $ a 75 AGGREGATE BASE,CLASS 5,100% CRUSHED-TRAIL 3), p $ y s' �� 76 TYPE LV 4 WEARING COURSE IN 35 $ MIXTURE(B)-TRAIL 68 $ - $ 3 3 77 CONCRETE PEDESTRIAN CURB SF G RAMP 32 $ -%� $ JiT 7��• �f� 78 TRUNCATED DOME PANEL SF WHITE PAINT LF 70 $ ?• ad $ l S`�. ��o 79 4 SOLID LINE, 80 12"SOLID LINE,WHITE PAINT LF 16 $ $ •Sa . 0 81 SALVAGE AND REINSTALL SIGN BA I $ 37 vo $ ) 37' c 0 82 STREET SWEEPER WITH PICKUP HR s $ ))65," $ 5 , oc� BROOM WITH OPERATOR BID FORM 00410-7 000055071460BIDFORMxIs No. Item Units QtY Unit Price Total Price SEEDING,INCL SEED,FERTII-IZER, SY 500 $ - C2 $ ) IW. �o 83 S, SO $ Jlo5.00 AND WOOD FIBER BLANKET LF 30 $ 84 BIOROLL �� $ 3 g r-.C� 85 PROTECTION OF CATCH BASIN,NON- EA 1 $ 395 c7 c7 STREET TOTAL ALTERNATE NO.1- $ OAKGREEN AVENUE N.TRAIL ALTERNATE NO.2-SWAGER PARK PARKING LOT LIGHTING- ��O LIGHTING FIXTURE TYPE A: 2$ ?�(� .C7v $ , EA 86 LIGHTING FIXTURE f 5-if• Gam$ � ,�1�, �p EA 2 $ 87 CONCRETE LIGHT POLE BASE �'c7� $ / SD LF 175 $ 88 1 1/2"PVC CONDUIT '?rj� O LF 360 $ 942_ $ 89 #12 AWG WIRE �b�• O� EA 1 $ `763•Ca0 $ 90 POLE RISER EQU�MENT ) _ 170 LF 120 $ Z. S $ 91 #2 AWG WIRE s�9.10 $ 5�9.Oa 92 CONCRETE EQUIPMENT PAD EA 1 $ EA 1 $ /+1�' O° $ � ADD• O(� 93 LIGHTING SERVICE CABINET �.� $ �, p0 EA 1 $ Sig 94 HANDHOLE ��!�< j(� TOTAL ALTERNATE NO.2- $ SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- 2 $3 r S C-2—CD $ �,��p v c� LIGHTING FIXTURE TYPE B: EA 95 LIGHTING FIXTURE 2 $ 40.S______ 717�' $ �)� , b° EA 96 CONCRETE LIGHT POLE BASE '92-- $ b 322-- e7 LF 175 $ 97 1 112 PVC COND�T BID FORM 00410-8 000055071460BIDF0RMx1s No. Item Units Qty Unit Price Total Price 98 #12 AWG WIRE c3 / LF 360$ V Gi $ 3570•40 99 POLE RISER EQUIPMENT 100 #2 AWG WIRE LF 120 $ $ 3)S. c 101 CONCRETE EQUIPMENT PAD EA 102 LIGHTING SERVICE CABINET EA 1 $ Li'fOD•7() $ 9>S•00 `D0 103 HANDHOLE EA 1 $ Li /•PC, $ 119 TOTAL ALTERNATE NO.3- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID SUMMARY: TOTAL BASE BID TOTAL ALTERNATE NO.1- OAKGREEN AVENUE N.TRAIL TOTAL ALTERNATE NO.2- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A TOTAL ALTERNATE NO.3- SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B 00410-9 BID FORM 000055071460BIDFORM•xls ■ 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on r'I Ai'1AC f4 ��Nr ,20 it27 If Bidder Is: An Individual Name(typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: 00410-10 BID FORM 00005507146OBIDFORM.x1s APB hl° (SEAL) Partnership Name: By: partner) (Signature of general p Name(typed or printed): Business Street Address(No P.O.Box#'s): Fax No.: Phone No.: A Cow—on Corporation Name: ' 1)V 5 v . (SEAL) State of Incorporation: Type(General Business,Professional,Service,Limit�d Liability): 00) ' No. _sue��� l s�--- By' (Signature) Name(typed or printed): .i /PA A Title: ' (CORPORATE SEAL) Attest � (Signature of Corpor,./Secretary Business Street Address(No P.O.Box#'s): 5 aJ) RA r� Lam.. ����s r/ 5� 37`-� Phone No.: 7e53 — "f — Fax No.: BID FORM 00410-11 000055071460BIDFORNIxIs A Joint Venture (SEAL) Joint Venture Name: By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Phone No.: Fax No.: (SEAL) Joint Venturer Name: 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 00410-12 BID FORM 000055071460BIDFORMxIs THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Hardrives,Inc. 14475 Quiram Drive,Rogers,MN 55374 as Principal, hereinafter called the Principal, and Western Surety Company 101 South Phillips Avenue, Sioux Falls, SD 57192 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto Oak Park Heights, 14168 Oak Park Blvd, Oak Park Heights, MN 55082 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the amount of that attached bid Dollars ($ 5% of bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. r.. WHEREAS, the Principal has submitted a bid for 2007 Trail and Parking Lot Improvements NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of March 2007 Hardrives i (Seal)(Witness) PAwore (TKIe) Steven K. Hall President Western Surety Company (Surety)% (Seat) (WitnessJ')/11-44-14-L (Tide), Laurie F.Pflug,Attorney-in-Fact AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON, D.C.20006 SURETY ACKNOWLEDGEMENT STATE OF MINNESOTA ) COUNTY OF Hennepin ) ss: On March 22nd 20 07, before me, A Notary Public within and for said County and State, personally appeared Laurie F. Pflug known to me to be the Attorney-in-Fact of the WESTERN SURETY COMPANY corporation described in and that executed the within and foregoing instrument and known to me to be the person who e. :cuted the said instrument in behalf of said corporation and he dujy acknowledgedsto me that such co .or. on e -`cuted the : e / , , , , , , RA L. tca I '43 I ill i.. fi 4 ' /'3LIC-Mi'" r . . Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know MI Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Richard G Donovan, Nina E Werstein, Laurie F Pflug, Jill N Swanson, Jerry Ouimet, Dennis G Loots, B L Kellar, Brian D Carpenter, Denise D Wishcop,Jennifer Miller, Individually of Minneapolis,MN,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts— and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. in Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 6th day of April,2005 �� � WESTERN SURETY COMPANY s�a�i.�� mfr dtiv Pau! Bruflat,Senior vice President State of South Dakota 1 ss County of Minnchaha On this 6th day of April,2005,before me personally came Paul T. Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires j 4 r D. KRELL i November 30,2006 l NOTARY PUBLIC + s —. SOUTH DAKOTA i Als4.. + D Krell,No ry Public CERTIFICATE I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force in testimony whereof I have hereunto subscribed my name and affixed the seal of'the said corporation this 22nd day of' March , 2007 +yEr'1.o WESTERN SURETY COMPANY ;_ €i`r a s Form F4280.01-02 • L.Nelson,Assistant Secretary Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,and Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 4 if 1 Bonestroo n BIDDER: ✓A -/ 8/Z05. /k/C-. DOCUMENT 00410 BID FORM 2007 TRAIL AND PARKING LOT IMPROVEMENTS FILE NO.000055-07146-0 OAK PARK HEIGHTS,MINNESOTA 2007 THIS BID IS SUBMITTED TO: City of Oak Park Heights,Minnesota City Hall 14168 Oak Park Boulevard Oak Park Heights,MN 55082 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 No. Addendum Date AioivE /aEuEy� 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. 000055071460BIDFORM.xls 00410-1 BID FORM E. Bidder has obtained and carefully studied(or accepts the consequences for not doing so)all additional or supplementary examinations,investigations,explorations,tests,studies,and data concerning conditions (surface,subsurface,and Underground Facilities)at,or contiguous to,the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means,methods,techniques, sequences,and procedures of construction to be employed by Bidder,including applying the specific means, methods,techniques,sequences,and procedures of construction expressly required by the Bidding Documents to be employed by Bidder,and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations,investigations,explorations,tests,studies,or data are necessary for the determination of this Bid for performance of the Work at the price(s)Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder,information and observations obtained from visits to the Site,reports and drawings identified in the Bidding Documents,and all additional examinations, investigations,explorations,tests,studies,and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts,errors,ambiguities,or discrepancies that Bidder has discovered in the Bidding Documents,and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently,without consultation,communication,or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner,or Engineer at the Owner's direction,to undertake an investigation and submit an evaluation concerning Bidder's responsiveness,responsibility,and qualifications before awarding a contract. Bidder hereby waives any and all claims,of whatever nature,against Owner,Engineer and their employees and agents,which arise out of or relate to such investigation and evaluation,and statements made as a result thereof,except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000055071460BIDFORM.x1s 00410-2 BID FORM it 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s)set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed,and are solely for the purpose of comparison of Bids,and final payment for all Unit Price Bid items will be based on actual quantities provided,determined as provided in the Contract Documents. INo. Item Units Qty Unit Price Total Price I PART 1 -AUTUMN HILLS PARK TRAILS AND GRADING: go 1 MOBILIZATION LS 1 $ 3af a, $ 3000 0� 2 SITE GRADING LS 1 $ 37Z0' $ 37t0 V 3 SUBGRADE EXCAVATION CY 20 $ ZO' $ 4/00 eo 4 GRANULAR BORROW ° TN 40 $ /s $ 6O0 ey 5 AGGREGATE BASE,CLASS 5, 100% TN 95 $ Z y $ Z ZW DI- CRUSHED-TRAIL 6 TYPE LV 4 WEARING COURSE TN 35 $ $rZ'11 $ 2870°f MIXTURE(B)-TRAIL 7 SILT FENCE,PERMEABLE LF 200$ 3' $ *AV°Q 8 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ 3500 0,-0 $ 'NO MULCH AND DISK ANCHOR TOTAL PART 1 -AUTUMN HILLS $ /%/70 Io PARK TRAILS AND GRADING PART 2-SWAGER PARK PARKING LOT: 9 SAWING BITUMINOUS PAVEMENT LF 45 $ 0� t $ ic-° DO 10 REMOVE BITUMINOUS PATH SY 15 $ /0 ' $ 1.5-0 i.Q 11 SITE GRADING LS 1 $ b g f0 00 $ 6%5 e' 12 SUBGRADE EXCAVATION CY 60$ /s°% $ "Po 00 13 GRANULAR BORROW TN 140 $ /3 $ /Ira �' 000055071460BIDFORM.xIs 00410-3 BID FORM I No. Item Units Qty Unit Price Total Price I 14 AGGREGATE BASE,CLASS 5, 100% TN 500 $ ZL/i $ /Z/DOO 0'' CRUSHED 15 TYPE LV 3 NON WEARING COURSE TN 85 $ 76- $ er s= MIXTURE(B) AO 16 TYPE LV 4 WEARING COURSE TN 85 $ bZ $ b9 70!O MIXTURE(B) 17 D412 SURMOUNTABLE CONCRETE LF 365 $ /6 — $ 51r,V CURB AND GUTTER 18 BITUMINOUS MATERIAL FOR TACK GAL 40 $ s°� $ Zoo if COAT 19 24"CONCRETE VALLEY GUTTER LF 35 $ /7 ii $ to/b 0-# 20 4"SOLID LINE,WHITE PAINT LF 750 $ o. f $ 33o.D 21 PAVEMENT MESSAGE, EA 1 $ gZ-� $ $'Z - HANDICAPPED SYMBOL-PAINT 22 SIGN PANELS,TYPE C,HIGH SF 2 $ (�S°% $ /30 � INTENSITY 23 SALVAGE AND REINSTALL SIGN EA 2 $ 7S1' $ /SD 41 24 STREET SWEEPER WITH PICK UP HR 5 $ /DO 'a $ S"Zb BROOM WITH OPERATOR 25 SILT FENCE,PERMEABLE LF 150 $ 3 - $ I/0 el es 26 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ 300' $ 7004 -- flak MULCH AND DISK ANCHOR TOTAL PART 2-SWAGER PARK $ /�/q 5448'S- PARKING LOT PART 3-SWAGER PARK TRAIL: co 27 MOBILIZATION ° LS I $ Z/AD $ Z/OD °� 28 REMOVE BITUMINOUS CURB LF 8 $ /0 �' $ 10 0.0- 29 SITE GRADING LS 1 $ Z Z$-0 °� $ Z Z(O pO 30 SUBGRADE EXCAVATION CY 15 $ D �' $ 300 o0 2-0 31 GRANULAR BORROW T oo do N 55 $ /5 $ 20S— 0 32 AGGREGATE BASE,CLASS 5, 100% TN 65 $ Z 4/ $ /560 am CRUSHED-TRAIL 33 TYPE LV 4 WEARING COURSE TN 20 $ ii....e0 $ /6'/0 MIXTURE(B)-TRAIL 000055071460BIDFORM.xIs 00410-4 BID FORM No. Item Units Qty Unit Price Total Price oo ��Q e� SF 102 $ •�— $ 34 CONCRETE PEDESTRIAN CURB $ Z��p0 RAMP SF 48 $ � 35 TRUNCATED DOME PANEL 0 120 $ � N� $ Sz 36 4" SOLID LINE,WHITE PANT LF 00 50 $ � $ Z� ' PERMEABLE LF es 37 SILT FENCE, � $_____20-1-Z–__ 38 SEEDING,INCL SEED,FERTILIZER, AC 0.2 $ / MULCH AND DISK ANCHOR TOTAL PART 3-SWAGER PARK 01�b 1p�,q$ • S TRAIL s° TRAIL: de so $ Zspp PART 4-LINEAR PARK LS 1 $ Z SOp 39 MOBILIZATION ,o ie LS 1 $ �yuvo � $ y+7o 40 CLEAR AND GRUB 1 $ 9200 $ p LS 41 SITE GRADING CY 40 $ /e, $ �Z° 42 SUBGRADE EXCAVATION /2� 80 $ /S' $ fP GRANULAR BORROW TN 43 ei $jam 400 $ OP 44 AGGREGATE BASE,CLASS 5, 100% to CRUSHED-TRAIL 115 $ �Z $ 9y� TN 45 TYPE LV 4 WEARING COURSE � MIXTURE(B)-TRAIL 100 $ $ oo LF e 46 SILT FENCE,PERMEABLE / 7� 00 SEEDING,INCL SEED,FERTILIZER, AC a0 47 $ a' DO MULCH AND DISK ANCHOR TOTAL PART 4-LINEAR PARK TRAIL PART 5-OAKGREEN AVENUE N. 50 TRAIL: LS 1 $ ege p0 $ DODO 48 MOBILIZATION e0 ao 1 $ ZODD ' $ 7 000 of LS o0 49 CLEAR AND GRUB ys� EA e 50 REMOVE EXISTING TREE 1,, 1 $ S $ .SZDD 51 SITE GRADING LS BID FORM 00410-5 000055071460BIDFORM.xIs No. Item Units Qty Unit Price Total Price 52 SUBGRADE EXCAVATION CY 20 $ Zo� $ W p � 40 $ /S�� $ �D0 r �� .v 53 GRANULAR BORROW oo $3;000'r oo �P/41 roo 54 AGGREGATE BASE,CLASS 5,100% TN 125 $ Z CRUSHED-TRAIL TN 35 $ Z�ea $ L�70 55 TYPE LV 4 WEARING COURSE eo ,o 56 CONCRETE PEDESTRIAN CURB SF MIXTURE(B)-TRAIL SF 34 $ o� $ /70 e.151/°�O RAMP 16 $ $ 57 TRUNCATED DOME PANEL 1 $ vo $ � 58 SALVAGE AND REINSTALL SIGN EA 7s Op 41149 59 STREET SWEEPER WITH PICK UP 5 $ /oo $ vv $ 2 OD BROOM WITH OPERATOR 800 $ it) 60 SEEDING,IN SY CL SEED,FERTILIZER, LF 30 $ o0 ��00 AND WOOD FIBER BLANKET $ 61 BIOROLL � TOTAL PART 5-OAKGREEN Pe e c !� 15 cep AVENUE N.TRAIL l e, BASE BID: $ //y — TOTAL PART 1 -AUTUMN HILLS _ PARK TRAILS AND GRADING $ �jl�/ SD S° TOTAL PART 2-SWAGER PARK ®roo $40, 46'7.'5 PARKING LOT TOTAL PART 3-SWAGER PARK eo TRAIL $ 3B 700 TOTAL PART 4-LINEAR PARK TRAIL W _ $(5, °�00 TOTAL PART 5-OAKGREEN AVENUE 5 1D N.TRAIL TOTAL BASE BID ii13 30b BID FORM 00410-6 000055071460BIDFORM.xIs se • No. Item Units Qty Unit Price Total Price I I ALTERNATE NO.1-OAKGREEN AVENUE N.TRAIL: 40 00 62 MOBILIZATION LS 1 $ /000 $ /000 63 TRAFFIC CONTROL LS 1 $ Z x/00'0 $ z qa 00 t/ 0 64 REMOVE AND REPLACE LS 1 $ 1/000'� $ /N� BITUMINOUS PAVEMENT oo eo 65 SALVAGE AND REINSTALL SIGN EA 2 $ 75- $ / 00 66 REMOVE 12"RCP STORM SEWER LF 34 $ 119-0 $ 272 PIPE 0 0 67 REMOVE 12"FLARED END SECTION EA 1 $_ 3-1) $ 5-0 •0 v 68 CONNECT TO EXISTING STORM EA 1 $ 757) r $ 75 MANHOLE 69 12"RCP STORM SEWER,CLASS 5,0'- LF 36 $ 3Z'o $ ,q52 ao 10'DEEP 0 70 PRECAST 27" SHALLOW DEPTH EA 1 $ 9$ $ c75 BEEHIVE 71 IMPROVED PIPE FOUNDATION LF 25 $ /0 $ LSD - 0a 00 72 SITE GRADING LS 1 $ .39 8'a $ 398' 00 0 73 SUBGRADE EXCAVATION CY 20 $ ZD $ 'j00 74 GRANULAR BORROW TN 40 $ /$0 ' $ Gm ea 00 �e 75 AGGREGATE BASE,CLASS 5, 100% TN 135 $ 2t/ $ 3Z'/O CRUSHED-TRAIL 76 TYPE LV 4 WEARING COURSE TN 35 $ $'2 e0 $ z Zia aQ MIXTURE(B)-TRAIL Oo is 77 CONCRETE PEDESTRIAN CURB SF 68 $ S — $ 34/0 RAMP °.9 78 TRUNCATED DOME PANEL SF 32 $ $ /7400 to 0a 79 4" SOLID LINE,WHITE PAINT LF 70 $ 2 $ 1 sL/ 30 9a 80 12" SOLID LINE,WHITE PAINT LF 16 $ 3 $ S Z ,o .s 81 SALVAGE AND REINSTALL SIGN EA 1 $ 7s — $ 75- a0 82 STREET SWEEPER WITH PICK UP HR 5 $ /00 / $ S- BROOM WITH OPERATOR 000055071460BIDFORM.xIs 00410-7 BID FORM No. Item Units Qty Unit Price Total Price o eo 83 SEEDING,INCL SEED,FERTILIZER, SY 500 $ 3 $ / AND WOOD FIBER BLANKET 84 BIOROLL LF 30 $ "f e' $ 270 0,0 85 PROTECTION OF CATCH BASIN,NON- EA 1 $ /00 $ /00 STREET 20- TOTAL ALTERNATE NO.1- $ Z6� 1/5 OAKGREEN AVENUE N.TRAIL ALTERNATE NO.2-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE A: e. 0 86 LIGHTING FIXTURE EA 2 $ 337i) $ 6,74/40 ' 87 CONCRETE LIGHT POLE BASE EA 2 $ (o(OD $ /3Zo t� 70 Sa 88 1 1/2"PVC CONDUIT LF 175 $ s $ /032 ' 89 #12 AWG WIRE LF 360 $ / .' $ ,3G0 to e-90 POLE RISER EQUIPMENT EA 1 $ 705 70.5-$ -' Gf 0 91 #2 AWG WIRE LF 120 $ Z $ 3/1 e 92 CONCRETE EQUIPMENT PAD EA 1 $ 5-3-4 $ 53-0 00 00 93 LIGHTING SERVICE CABINET EA 1 $ /3,D00 $ /7 OM - es 94 HANDHOLE EA 1 $ '/9f $ y95 J° TOTAL ALTERNATE NO.2- $ Z./1 574 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A ALTERNATE NO.3-SWAGER PARK PARKING LOT LIGHTING- LIGHTING FIXTURE TYPE B: .5 95 LIGHTING FIXTURE EA 2 $ 3/95 $ 10390 eft 96 CONCRETE LIGHT POLE BASE EA 2 $ 440 $ /3 Z4 0 97 1 1/2"PVC CONDUIT LF 175 $ S - $ /0 3(0 �� 000055071460BIDFORM.xIs 00410-8 BID FORM INo. Item Units Qty Unit Price Total Price I 98 #12 AWG WIRE LF 360 $ /� $ ,3/o0°o • so 99 POLE RISER EQUIPMENT EA 1 $ pc' $ 705 G, 40 100 #2 AWG WIRE LF 120 $ 2 41-* $ 3 Z/ ' 101 CONCRETE EQUIPMENT PAD EA 1 $ c5-0 ', $ S.51 .1.4'- 102 LIGHTING SERVICE CABINET EA 1 $ /3000 I- $ /3/MO 0.4% 103 HANDHOLE EA 1 $ 15 $ 4/13-p TOTAL ALTERNATE NO.3- $ Z 4// /77 GO SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B BID SUMMARY: Q e G)o $ )3a,13 I. 30 TOTAL BASE BID tO TOTAL ALTERNATE NO.1- $ Z6; 8/5- OAKGREEN AVENUE N.TRAIL TOTAL ALTERNATE NO.2- $ Z`]/ S-ZD / SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE A O TOTAL ALTERNATE NO.3- $ Z 41 /77 SWAGER PARK PARKING LOT LIGHTING-LIGHTING FIXTURE TYPE B 000055071460BIDFORM.xls 00410-9 BID FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above,which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,the General Conditions,and the Supplementary Conditions. SUBMITTED on Z Z /Y7/442c.-he ,2007 If Bidder Is: An Individual Name(typed or printed): By: (SEAL) (Individual's signature) Doing business as: Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: 000055071460BIDFORM.1s 00410-10 BID FORM A Partnership Partnership Name: (SEAL) By: (Signature of general partner) Name(typed or printed): Business Street Address(No P.O.Box#'s): Phone No.: Fax No.: A Corporation Corporation Name: �A�� 1Z".%. /NC • (SEAL) State of Incorporation: /�/.,A/E5Oz4 Type(General Business,Professional,Service,Limited Liability): .Vttitt- evSnve'SS By: / — ��.. �re) Name(typed or printed): /7A/Z/' /2. ���/ Title: G. /� Attest ____ ��`/ (CORPORATE SEAL) (Signa e • _ .orate Secretary) Business Street Address(No P.O.Box#'s): 92 8 A4t6 p2. /o, esT GA�c, 4//V Phone No.: �' '/by-6Oy�0 Fax No.: �'4l4���7d� 000055071460BIDFORM.xls 00410-11 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name(typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) 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 000055071460BIDFORM.xIs 00410-12 BID FORM 03/19/2007 15:38 FAX 6514577531 PATE BONDING al 003 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND#RB9158012135 KNOW ALL MEN BY THESE PRESENTS, that we Jay Bros., Inc. P.O,Box 700,Forest Lake,MN 55025 (Here Insert full name,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GRANITE RE, INC. 14001 QUAILBROOK DRIVE,OKLAHOMA CITY,OK 73134 (Here insert full name and address or legal title or Surety) a corporation duly organized under the laws of the State of OKLAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF OAK PARK HEIGHTS (Here insert full name,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE AND 001100 PERCENT of Amount Bid -Dollars ( $ 5 % of Amount Bid), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for PROJECT NO. 000055-07146-0; 2007 TRAIL AND PARKING LOT IMPROVEMENTS (STORM SEWER, CURB AND GUTTER, REMOVALS, EXCAVATION, CLASS 5 BASE) (Here Insert full name,address and description of project) 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 19th day of March, 2007. Jay Bros., Inc. Cr�w (Seal) (Wltn J GRANITE/R�-/INC. al) A fitness) (Title) Jonath:n Pate,Attorney-in-Fact - Pate Bonding.Inc. " 1276 South Robert Street - • West St.Paul,MN 55118 (651)457.6842 T y^ AIA DOCUMENT A310 BID BOND AIA® FE5I UARY ie7o ED THE AMERICAN - INSTITUTE OF ARCHITECTS,1735 N.Y.AVE„N.W.WASHINGTON,D.C. 20006 - 03/19/2007 15:39 FAX 6514577531 PATE BONDING 0004 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of -)) County of_ _ ) On this day of , in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s)to me that_he__executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) ) County of ) On this _ day of _ , in the year , before me personally come(s) , a member of the co-partnership of _ to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of/d9/A.fit/e-.S.9774 ) County of /411./4/44 ) On this ,ZMO day of 4/01-/l , in the year ZOO7 , before me personally come(s) girp4,44 /2. x. 47, , to me known, who, being duly sworn, deposes and says that he is the G,C.D• of the ..1/4 t--7 8,-0s- /,VC• the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order. "' 'F4 RONALD G. ORFEI �' �< ;; votary Public . `/- —,y `ice < STaic _>1.M innesota Notary 'ublic aJ�¢*, If M' Commssion Expires January 31 , 2010 le ACKNOWLEDGMENT OF SURETY State of Minnesota ) ) County of Dakotia ) On this 19th day of March, in the year 2007, before me personally come(s) Jonathan Pate, Attomey(s)-in-Fact of GRANITE REJNC_ with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in-Fact of QRANITE RE.IBC_ company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorney(s)-in-Fact of the said company by like order. ti 4:!� '^ JENNIFER M.BOYLES A .(_/ ,a-71/,--- ti ,- 1 Nota blic '','Z.:-'S''.• , N�ARYp1JBLIC-MINNESOTA � My Commission Expires Jan.31.2D09 03/19/2007 15:39 FAX 6514577531 PATE BONDING 0 005••''.- ... '1, i• - �.�-' .. - .r , ::::7 - • .., •. ' -. _ ', -.-, --' ■. •r. ,.,u. .i . .. . ..i.i '". 7-. . _, om _.. . .. . . .:--._ iri . • ';" ' _ -.7.:.7." .•- •• .. - - �,-. -GRAITERE;. NC:",n • - • --•-- -,V• •_ N _ ,GENERAL POWER OF ATTORNEY . • • .: . -•Know"all Men by these,Presents: • .. - - .. - . . .. . • . . . •That GRANITE RE,•INC.,a corporation'organized•and existingunder:the laws of the State of OKLAHOMA having`its principal:office•• at the City.of OKLAHOMA CITY in the State'of OKLAHOMA does hereby-constitute and appoint •. . ..' • .: 'JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA'M_FRANCOUR its true and lawful Attorney-in-Fact(s)for the.following-purposes, to - wit: .•• , - -To sign its name as surety to and to execute,seal and acknowledge any and'all bonds,.and to respectively do'and perform any and all acts .. and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC.a certified-copy'of•which is hereto annexed and.made • part a part of this Power of Attorney;and the said GRANITE RE;.'INC.throughus,its-Board'of Directors;'hereby-ratifies and confirms all and•whatsoevcr •the said: - � ..,•JONATHAN PATE,WANDA FRANZ,TOM LAHL,LISA M.-FRANCOUR.may lawfully do in the premises by virtue of these presents. " . In Witness Whereof,the said GRANITE RE;INC-has caused this instrument to be sealed.with its corporate seal, duly attested-by the signatures of its Vice President and Secretary/Treasurer,this 261 day of October,2004.• -• : - - _ • " T` ' • , . ' • - - s rr n"L R.- arty is er, rest t•STATE'OEOKLAHOMA •) - . ' • • �,0° . • • • ) • SS; : 1 • COUNTY OF OKLAHOMA ). • • 1 -; Rodman A.grates,Secretary/Tr'easurer , . '' ' .-• --On this 26'day of October,2004,before.Me personally. cameR Darryl Fisher,Vice President of the GRANITE RE,INC- Company and -- • :• Rodman:A. Frates, Secretary/Treasurer of said Company,with•both of whom I asi'persobally acquainted,who.being by me severally duly sworn; - • .said,.that they,'the said R.Darryl Fisher'and Rodman A.Frates were respectively the Vice President•and the Secretary/Treasurer of the GRANITE RE,INC.;the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said,corporation; that - the seal affixed to said Power of attorney was such corporate seal,that it was•solxedby order of the Board of Directors of said corporation,and that they signed their name thereto by like Order as Vice President and Secretary/Treasurer,respectively,of the Company. • . "My Commission Expires: •• • - -.. May 9,2008 : - Commission#:00005708 .• ,'` Notary Public . .• '' _ . - .• GRANTTE-RE,INC--. .- .. - :, Certificate . . • . THE UNDERSIGNED',being the duly'elected'and acting Secretary /Treasurer of Granite Re,Inc:, an Oklahoma Corporation,HEREBY CERTIFIES •• • that the following resolution is a true and correct excerpt from the July 15,•1987,minutes of the,meeting•of the Board of Directors Of Granite Re,Inc. . . •-and that said.Powcr•of Attorney has not been revoked and is now in full force and effect- . . • "RESOLVED,that the President,any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals•as attorneys-in-fact or under other appropriate titles with,authority to execute on behalf of'the company fidelity and surety -bonds and other documents of similar character issued by•the Company.iii the'course of its business. On.any-instrument making or - . evidencing such appointment,the signatures may be.affixed by facsimile. On any instrument.conferringsuch authority or on any bond or- . - undertaking of the Company,the seal, or a.facsimile thereof,'may be impressed.or affixed or in any other.Manner reproduced provided, .. however,that the seal.shall not be necessary to the validity of any suck instrument or undertaking." IN WITNESS WHEREOF', the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 19th day of March, 2007_. ,fC" �°jb - SEAL . .- • .. • — odman A.Frates,.Secrctary/�Treasurer.. - . . •.�� . . . . ! r • - . J. ^fi �'� •