Loading...
HomeMy WebLinkAboutContract No. 2015-2654.� 2015 -2654 OP City of COLUMBIA HEIGHTS Project Manual For Huset Park Splash Pad Prepared for: City of Columbia Heights, Minnesota City Project 2015 -12 C�,�S May 2015 Stantec Project No. 193803113 =M' DOCUMENT 00 91 13 ADDENDUM 2 HUSET PARK SPLASH PAD CITY PROJECT NO. 1512 PROJECT NO. 193803113 COLUMBIA HEIGHTS, MINNESOTA June 17, 2015 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636 -4600 - General Office (651) 604 -4834 - Jeff Ehleringer, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white @stantec.com as soon as you receive it. Company Name © 2015 Stantec 1193803113 Date ADDENDUM 2 0091 13 -1 DOCUMENT 00 91 13 ADDENDUM 1 HUSET PARK SPLASH PAD CITY PROJECT NO. 1512 PROJECT NO. 193803113 COLUMBIA HEIGHTS, MINNESOTA June 15, 2015 Number of Pages: 3 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636 -4600 - General Office (651) 604 -4834 - Jeff Ehleringer, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at cathy.white @stantec.com as soon as you receive it. Company Name @ 2015 Stantec 1 1938031 13 Date ADDENDUM 1 0091 13 -1 DRAWING C0.01 1. The existing topsoil stockpiled on site shall be screened to remove clumps, turf, etc. prior to use. DRAWING C1.01 1. For the large splash pad, provide a single construction joint across the pad in place of a control joint near center of the pad running from southwest to northeast (length approximately 35'). Contractor to confirm location in field during construction with Engineer. Construction joint shall be per detail E /C5.01. DRAWING C3.01 1. At areas of new bituminous trail (that will be by Owner), Contractor shall grade subgrade to elevations such to allow City to place base and bituminous. Contractor shall coordinate with Owner during construction. DRAWING C4.01 1. Notes associated with arrow heads to the area north of the building on the upper middle portion of the drawing were inadvertently left off and are meant to reference the water service being provided by the Owner. Additional information regarding the water service can be found on Drawing Q 1.03. DRAWING L8.01 1. Detail B - Revise post sizing table and drawing as follows: Post Dia. Ht. Sail Connection Point Height Pi 8" 10' Sail 1 at 10', Sail 3 at 8' -6" P2 6" 8' -6" Sail 2 at 8' -6 ", Sail 3 at 8' P3 8" 12' Sail 1 at 12', Sail 2 at 11' -6" P4 5" 10' Sail 3 at 10' P5 8" 1 1' -6" Sail 1 at 11'-6", Sail 2 at 1 1' Drawing clarification for Detail B, showing post / footing dimensions to centers. ADDENDUM 1 © 2015 Stantec 1 1938031 13 0091 13-2 There are two (2) shade sail areas, which are mirrored in layout to one - another but sharing same dimensions. Refer to Sheet C1.01, L8.01 and above. DRAWING Q1.01 1. For clarification, detail reference for all Spray Loops is A /Q5.03. 2. In reference to Note 2. It is the intention that some of the water feature locations will be adjusted slightly from that shown to best fit relative to splash pad control joint locations. Revised locations will be reflected in an AUTOCAD drawing provided to Contractor during construction. Contractor to confirm with Engineer during construction. END OF DOCUMENT ADDENDUM 1 © 2015 Stantec 1 1938031 13 0091 13-3 • �r r r PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Jeffrey J. leringer, PE_�M.__ Date: May 19, 2015 License # 23136 PROFESSIONAL ENGINEER I hereby certify that this plan, specification (Division 26), or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Bryon S. Schmidt, PE Date: May 19, 2015 License # 51544 LANDSCAPE ARCHITECT I hereby certify that this plan, specification (Sections 133100, 323119, 323343, 329200 & 329300), or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. Todd R. Wichman, PLA Date: May 19, 2015 License # 19524 END OF SECTION PROFESSIONAL CERTIFICATIONS 2015 Stantec 1 193803113 0001 05-1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Professional Certifications 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 01 4000 Report of Geotechnical Exploration and Review 01 5000 Private Utility Information 0041 10 Bid Form Contracting Requirements 0052 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C -700 Std General Conditions of the Construction Contract (2013 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 6000 Product Requirements 01 7000 Execution Requirements 01 71 23 Field Engineering 01 7823 Operation and Maintenance Manuals 01 7836 Warranties 01 7839 Project Record Documents 01 9200 Facility Operation FACILITY CONSTRUCTION SUBGROUP Division 02 - Existing Conditions 0241 13 Selective Site Demolition TABLE OF CONTENTS © 2015 Stantec 1 1938031 13 0001 10- 1 Division 13 - Special Construction 13 1 1 13 Splash Pad General 13 11 18 Splash Pad Recreation Equipment 1331 00 Fabric Shade Structure 1351 13 Splash Pad Piping, Valves, Fittings, and Specialties FACILITY SERVICES SUBGROUP Division 26 - Electrical 26 05 05 Basic Electrical Materials and Methods 2605 19 Low Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 0000 Earthwork Division 32 - Exterior Improvements 3211 23 Aggregate Base Courses 32 13 13 Concrete Paving 3231 19 Ornamental Metal Fence 32 33 43 Site Seating 32 92 00 Turf and Grasses 32 93 00 Plants Division 33 - Utilities 33 05 05 Trenching and Backfilling 33 40 00 Storm Drainage Utilities 33 46 00 Subdrainage END OF SECTION IAbL.t Ur UUN I tN 13 © 2015 Stantec 1 1938031 13 0001 10-2 SECTION 00 11 13 ADVERTISEMENT FOR BIDS CITY OF COLUMBIA HEIGHTS - CITY PROJECT 1512 HUSET PARK SPLASH PAD Notice is hereby given that sealed bids will be received, publicly opened, and read aloud by representatives of the City Council of Columbia Heights, Anoka County, MN, at the Municipal Service Center at 637 38th Avenue NE, in said City at 10:00 a.m. on Thursday, June 18, 2015, for furnishing of all work and materials for consideration of 2015 City Improvements: Huset Park Splash Pad consisting of approximately: Huset Park Splash Pad In general, Work consists of the construction of a new splash pad including concrete, piping, storm sewer, installing City provided play equipment and site improvements as detailed in the Project Manual. All in accordance with Plans and Specifications prepared by the City Consulting firm of Stantec and available for viewing at the Office of the City Engineer, 637 38th Avenue NE, Columbia Heights, MN 55421, dated May 11, 2015. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #3915907 on the website's Project Search page. Paper Bidding Documents may also be viewed at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600. Direct inquiries to Engineer's Project Manager Jeff Ehleringer at 651- 604 -4834 or ieff.ehlerin-ger@stantec.com. Bids must be on the basis of cash payment for the work and materials, and no bid will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, certified check, or bidder's bond, payable to the City, for not less than 5% of the bid, as a guarantee that the bidder will, within ten (10) days after notification of the award of contract enter into an agreement with the City and furnish a bond for the full amount of the contract as provided for by law. This deposit will be subject to forfeiture as provided by law. Cash deposits, certified checks, and bidder's bonds of the three (3) lowest bidders may be retained until the contract has been awarded and executed, by no longer than 60 days from the date of opening bids. All other deposits will be refunded promptly. The City reserves the right to reject any and all bids, to waive any informalities therein, and to adjourn the meeting to a later date for the purpose of further consideration of the bids and taking action thereon. No bid may be withdrawn within 60 days from the date of opening of bids. The City Council will consider award of contract at their regular meeting held on Monday, June 22, 2015 at 7:00 p.m. in the Council Chamber at 590 40th Avenue N.E. The City does not discriminate on the basis of disability. PUBLISH: Focus - May 29th, 2015 Kevin Hansen, Public Works Director /City Engineer Error! Reference source not found. © 2015 Stantec 1 193802805 00 11 13- 1 This Page Left Blank Intentionally 1. 2. SECTION 00 21 13 INSTRUCTIONS TO BIDDERS DEFINED TERMS Term used in these Instruction to Bidders which are defined in the Standard General Conditions of the Construction Contract (2013 edition) have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a bid directly to the Owner, as distinct from a sub - bidder, who submits a bid to the Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids.) Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. COPIES OF BIDDING DOCUMENTS 2.1 2.2 2.3 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for or Invitation to Bid may be obtained from the Issuing Office. Complete sets of Bidding Documents must 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. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 2.4 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 1938031 13 0021 13- 1 the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 3.2 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) comply with federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors of discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non - technical data, interpretations, or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and INSIKUCIIUNS IU [SIUVCKJ © 2015 Stantec 1 1938031 13 0021 13-2 data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract. 4.6 On request, in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents, and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. S. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Document are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Such Addenda will be binding on all parties as part INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 193803113 0021 13-3 of the Contract Documents. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. 5.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of the three (3) lowest Bidders may be retained by the Owner for a period not to exceed sixty (60) days after the Bid opening. Bid security of other bidders will be returned within seven (7) days after the Bid opening. 7. ' CONTRACT TIME The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES Provisions for liquidated damages, if any, are set forth in the Agreement. "OR- EQUALS" OR SUBSTITUTES ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible "or- equal" or substitute items. Whenever it is indicated in the Drawings or specified in the Specifications that an "or- equal" or substitute 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. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 Not Used. 10.2 No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents. . 11.2 All blanks on the Bid Form must be completed in ink or by typewriter and the Bid Form signed in ink. INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 1938031 13 0021 13-4 1 1.3 Bids by a corporation must be executed in the corporate name by the president or a vice - president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign and the official address of the partnership must be shown below the signature. 11.5 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. 11.6 A Bid by an individual shall show the Bidder's name and official address. 11.7 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. 11.8 All names must be typed or printed in ink below the signature. 11.9 The Bid shall contain and acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.10 Postal and e -mail addresses, telephone and fax numbers for communications regarding the Bid must be shown. 11.8 The Bid Form contains a single proposal form for the complete project. Only a complete bid proposal will be accepted. 11.9 If you are making corrections to the bid: 1. Cross out, white out, or erase the alteration completely. 2. Print correction in ink. 3. The person signing the proposal MUST initial the correction in ink. 11.10 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 12. AFFIDAVIT OF NON - COLLUSION Each bidder shall submit with his proposal, an affidavit of non - collusion, signed by one of the officers of the firm and notarized. The Affidavit to be used is bound into these Contract documents. 13. RESPONSIBLE CONTRACTOR In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the City cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes INSTRUCTIONS TO BIDDERS © 2015 Stantec 1 1938031 13 0021 13-5 § 16C.285, subdivision 3. In addition, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance with §16C.285 from all subcontractors, using a form provided by the City. A bidder must submit signed verifications from subcontractors upon the City's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. 14. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque, sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 15. MODIFICATION AND WITHDRAWAL OF BIDS 15.1 Bids 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 at any time prior to the opening of Bids. 15.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16. OPENING OF BIDS Bids will be opened and (unless obviously non - responsive) read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 17. BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. INJIKM_IIVNJ Iv olvvCwR) © 2015 Stantec 1 1938031 13 0021 13-6 18. BASIS OF BID; COMPARISON OF BIDS 18.1 Lump Sum Base Bid with Alternates A. Bidders shall submit a Bid on a Lump Sum Base Bid on the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided on the Bid Form. The price for each Alternate will be the amount added to or deleted from the Base Bid if the Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or Owner may choose not to accept any Alternate Bids. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Lump Sum Base Bid and any combination of Alternates Items accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternates Item Bids. 19. AWARD OF CONTRACT 19.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional Bids. Also, Owner reserves the right to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by Owner. 19.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 19.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 19.5 If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the project. INSTRUCTIONS TO BIDDERS 0 2015 Stantec 1 193803113 0021 13-7 20. CONTRACT SECURITY Paragraph 6.01 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 21. SIGNING AGREEMENT When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract documents attached. Within fifteen (15) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one (1) fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. INSTKUCIIVNS IV t31UUtK3 © 2015 Stantec 1 1938031 13 0021 13-8 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: 1. Report dated February 18, 2015, prepared by American Engineering Testing, Inc. entitled, "Report of Geotechnical Exploration and Review - Proposed Splash Pad Huset Park ". 2. Private Utility Information - Responses to GSOC Ticket Request Number 150640696 as follows: a. Center Point Energy - See attached. b. City of Columbia Heights - See attached. c. Comcast - See attached. d. Xcel Energy -See attached. e. XO Communications -See attached. f. Century Link - Did not respond. g. No other Utility responded. C. Portions of reports and drawings used by Engineer in the preparation of Bidding Documents are available at www.questcdn.com for $20 by inputting QuestCDN eBidDoc #3915907 on the website's Project Search page A list of items available for download or viewing include: 1. None PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION 0 2015 Stantec 1 1938031 13 0031 00- 1 This Page Left Blank Intentionally REPORT OF GEOTECHNICAL EXPLORATION AND REVIEW Proposed Splash Pad Huset Park Columbia Heights, Minnesota Report No. 01 -06418 Date: February 18, 2015 Prepared for: City of Columbia Heights Public Works Department 63 7 3 8h Avenue NE Columbia Heights, MN 55421 -3806 Ai ERIC A. ENGINEERING TESTING, INC. February 18, 2015 Ms. Kathy Young Assistant City Engineer City of Columbia Heights Public Works Department 637 38"` Avenue NE Columbia Heights, MN 55421 -3 806 RE: Geotechnical Exploration and Review Proposed Splash Pad Huset Park Columbia Heights, Minnesota Report No. 01 -06418 Dear Ms. Young: CONSULTANTS • ENVIRONMENTAL • GEOTFCNNICAL • LIATER.IALS • FORENSICS American Engineering Testing, Inc. (AET) is pleased to present the results of our subsurface exploration program and geotechnical engineering review'for the proposed Huset Park Splash Pad. These services were performed according to our proposal dated January 23, 2015. We are submitting 2 copies of the report to you along with an electronic pdf copy Please contact me if you have any questions about the report. I can also be contacted for arranging construction observation and testing services during the earthwork phase. Sincerely, American Engineering Testing, Inc. Jay P. Brekke, PE Senior Engineer Phone: (651) 789 -4645 ibrekkegamengtest.com Page i 550 Cleveland Avenue North I St. Paul, MN 55114 Phone 651-659-90011 Toll Free 600- 972 -63541 Fax 651- 659 -13791 www.amengtest.com I AA EEO T'i,s doeumert sh-01 n rt be rerr -I—T= r , i,;1,1" -ii vprovai from Anmir.-an EngmHarng Tesbn,�, in, Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. SIGNATURE PAGE Prepared for: City of Columbia Heights Public Works Department 63738 th Avenue NE Columbia Heights, MN 55421 -3806 Attn: Ms. Kathy Young Authored by: ay P. Brekke, PE Senior Engineer I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under Minnesota Statute Section 326.02 to 326.15 Name: Jay P. Bre /kke Date: �' (� �! License #: 25631 Copyright 2015 American Engineering Testing, Inc. All Rights Reserved Prepared by: American Engineering Testing, Inc. 550 Cleveland Avenue North St. Paul, Minnesota 55114 (651) 659- 9001 /www.amengtest.com Reviewed by: Ryan T. Menter, PE Senior Engineer Unauthorized use or copying of this document is strictly prohibited by anyone other than the client for the specific project. Page ii Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Mimlesota February 18, 2015 Report No. 01 -06418 TABLE OF CONTENTS AMERICAN ENGINEERING TESTING, INC. 1.0 INTRODUCTION ................................................... ....... ............................ I............................. 1 2.0 SCOPE OF SERVICES . ..................................... I........... 1 .......................................................... 3.0 PROJECT INFORMATION ...................................................................... ............................... 1 4.0 SUBSURFACE EXPLORATION AND TESTING ................................. ............................... 2 4.1 Field Exploration Program ..................................................................... ............................... 2 4.2 Laboratory Testing ................................................................................. ............................... 3 5.0 SITE CONDITIONS .................................................................................. ............................... 3 5.1 Surface Observations .............................................................................. ............................... 3 5.2 Subsurface Soils / Geology ....................................................................... ............................... 3 5.3 Ground Water ......................................................................................... ............................... 3 6.0 RECOMMENDATIONS ........................................................................... ..........................I.... 4 6.1 Splash Pad Design .................................................................................. ............................... 4 6.2 Equipment Building ................................................................................ ............................... 5 7.0 CONSTRUCTION CONSIDERATIONS ................................................. ............................... 6 7.1 Potential Difficulties ............................................................................... ............................... 6 7.2 Excavation Backsloping ......................................................................... ............................... 7 7.3 Observation and Testing ......................................................................... ............................... 7 8.0 LIMITATIONS .......................................................................................... ............................... 7 APPENDIX A — Geotechnical Field Exploration and Testing Boring Log Notes Unified Soil Classification System Figure 1 - Approximate Boring Locations Subsurface Boring Logs APPENDIX B — Geotechnical Report Limitations and Guidelines for Use Page iii Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota AMERICAN February 18, 2015 ENGINEERING Report No. 01 -06418 TESTING, INC. 1.0 INTRODUCTION A new splash pad is planned at Huset Park in Columbia Heights, Minnesota. To assist planning and design, you have authorized American Engineering Testing, Inc. (AET) to conduct a subsurface exploration program at the site, conduct soil laboratory testing, and perform a geotechnical engineering review for the project. This report presents the results of the above services, and provides our engineering recommendations based on this data. 2.0 SCOPE OF SERVICES AET's services were performed according to our proposal dated January 23, 2015. The authorized scope consists of the following: • Drilling two standard penetration test borings to depths of 10 to 15 feet below grade; • Performing routine soil laboratory testing; and, • Conducting a geotechnical engineering analysis based on the gained data and preparation of this report. These services are intended for geotechnical purposes. The scope is not intended to explore for the presence or extent of environmental contamination. 3.0 PROJECT INFORMATION A new splash pad is planned at Huset Park in Columbia Heights, Minnesota. This will be a shallow pool for children. We have not been provided with plans or details of the planned construction, but assume it will consist of a reinforced concrete slab with a depth of less than about 2 feet. We anticipate there may be a small one story, slab -on -grade mechanical building associated with the splash pad. We assume that the splash pad and mechanical building will be constructed within a few feet of existing grade. Page 1 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01-06418 AMERICAN ENGINEERING TESTING, INC. We have not been provided with structural loads, but anticipate relatively light loads. We are assuming wall loads of less than 1 kip per linear foot for the mechanical building. Our foundation design assumptions include a minimum factor of safety of 3 with respect to localized shear or base failure of the foundations. We assume the equipment structure will be able to tolerate total settlements of up to 1 inch, and differential settlements of up to 1/2 inch. The above stated information represents our understanding of the proposed construction. This information is an integral part of our engineering review. It is important that you contact us if there are changes from that described so that we can evaluate whether modifications to our recommendations are appropriate. 4.0 SUBSURFACE EXPLORATION AND TESTING 4.1 Field Exploration Program The subsurface exploration program conducted for the project consisted of two standard penetration test borings drilled on February 9, 2015. The logs of the borings and details of the methods used appear in Appendix A. The logs contain information concerning soil layering, soil classification, geologic description, and moisture condition. Relative density or consistency is also noted for the natural soils, which is based on the standard penetration resistance (N- value). The approximate boring locations are shown on Figure 1 in Appendix A. The borings were staked by the City. Our drill crew surveyed the ground surface elevations at the borings referenced to the top nut of the fire hydrant located at the northeast corner of the intersection of 5th Street and Mill Street. We assigned this benchmark an elevation of 100.0 feet. Page 2 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. 4.2 Laboratory Testing The laboratory test program included visual classification of the soil samples along with water content testing of selected samples. The test results appear in Appendix A on the individual boring logs adjacent to the samples upon which they were performed. 5.0 SITE CONDITIONS 5.1 Surface Observations The site was a partly snow covered lawn area at the time of drilling. The site sloped gently downward from the northeast to the southwest. The elevations at our borings ranged from 104.6 to 100.9 feet. 5.2 Subsurface Soils /Geology At our borings we found fill to about 2 to 4 feet below grade. The fill consisted of slightly organic clayey sand with a little gravel. The fill also included roots and some pieces of wood. Underlying the fill we encountered glacial till to the boring termination depths. The glacial till consists of stiff to very stiff clayey sand with a little gravel. 5.3 Ground Water Ground water was not encountered in our borings. The glacial till soils are slow draining clayey soils and an extended period of time would be required for ground water to reach equilibrium in an open borehole. A discussion of the water level measurement methods is presented in Appendix A. Please note that ground water levels will not remain constant. Ground water levels fluctuate due to varying seasonal and annual rainfall and snow melt amounts, as well as other factors. Page 3 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota AMERICAN February 18, 2015 ENGINEERING Report No. 01 -06418 TESTING, INC. 6.0 RECOMMENDATIONS Based on the soil conditions found in our borings and on the design information that is available, it is our opinion that after proper site preparation the proposed splash pad and equipment building can be supported on reinforced concrete slabs and conventional spread footing foundations. Details of our recommendations are given below. 6.1 Splash Pad Design We found fill in our borings to about 2 to 4 feet below grade. The fill was slightly organic and in our opinion should not be relied on for support of the splash pad. The site preparation for the splash pad should include excavating existing fill and any organic or soft/wet soil. The excavation should be oversized at least 1:1 laterally; that is, for each vertical foot of fill placed below the splash pad, the excavation bottom should be extended laterally beyond the pool edges at least 1 foot. Prior to placement of new fill we recommend that the exposed soil be observed and tested by a geotechnical engineer or technician. The on -site soils are moderately frost susceptible, and the splash pad design will have to account for this. The magnitude of frost heave of the on -site soils will vary depending on the availability of moisture and other factors, but we estimate frost heave would typically be on the order of about 1/4 to % inch per foot of frost penetration. Note that this amount could be significantly greater if there are wet or saturated soils and ice lensing occurs. In order to reduce the potential of frost heave of the splash pad, we� recommend placement of a 4- foot layer of non frost - susceptible (NFS) sand below the splash pad. We recommend that the NFS sand consist of sand with less than 5% passing the 9200 sieve and no more than 40% passing the #40 sieve. This material will have to be imported. The thickness of the sand layer could be reduced, but it will increase the potential for damage due to frost heave. Page 4 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota AMERICAN February 18, 2015 ENGINEERING Report No. 01 -06418 TESTING, INC. New fill placed below the pool, including the NFS sand, should be placed in thin lifts and compacted to at least 95% of the maximum Standard Proctor dry density (ASTM: D698). The fill should be placed in lifts thin enough to attain the specified compaction level throughout the entire lift thickness. Drainpipe should be placed at the base of the NFS granular fill to remove infiltrating water. The subgrade soils should be crowned and sloped slightly to the drain pipe. The drain pipe should be day - lighted or connected to one or more sumps and pumps. Based on the conditions encountered, it is our opinion that after proper site preparation the pool foundation can be designed based on a maximum allowable soil bearing pressure of 2,000 pounds per square foot. If the 4 -foot sand layer is placed, a modulus of subgrade reaction (k- value) of 250 pounds per cubic inch may be used for design of the slab. 6.2 Equipment Building It is our understanding that the equipment building will not be heated in the winter. The on -site soils include frost susceptible clayey soils. It is our opinion that placing the floor slab over these frost susceptible soils would result in frost heave and floor slab distress. To reduce the risk of slab heaving and cracking, we recommend using only NFS sand to a depth of at least 4 feet below the top of slab. Drainpipe should be placed at the base of the NFS granular fill to remove infiltrating water. As an alternative, insulation could be placed to reduce the required sand thickness and decrease frost heave. We recommend that the equipment building not be supported on the existing fill. If there are other settlement sensitive structures with significant loads (such as footings for canopies or shade structures) they should also not be supported on the existing fill. The site preparation for the Page 5 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. equipment building pad and any other significant structures should consist of stripping /subcutting the existing fill and any organic or unstable soils that may be encountered. Based on our borings, we anticipate stripping /subcutting depths of about 2 to 4 feet. The lateral zone of stripping /subcutting should be extended out horizontally at least 1 foot from the outside edges of perimeter footings for every foot of fill required below the base of the footings (i.e., 1:1 lateral oversize). The fill in the building pad should be placed in thin lifts and compacted to at least 95% of the maximum Standard Proctor dry density (ASTM: D 698). The fill should be placed in lifts thin enough to attain the specified compaction level throughout the entire lift thickness. After the site preparation described above, the equipment building can be supported on conventional spread footing foundations. We recommend that foundations bear at a minimum depth of 5 feet below finished grade for frost protection. It is our opinion that the footings may be proportioned for a maximum net allowable soil bearing capacity of 2,500 pounds per square foot (pst). 7.0 CONSTRUCTION CONSIDERATIONS 7.1 Potential Difficulties 7.X.1 Water in Excavation Some ground water or runoff water may be encountered in excavations for construction. To allow observation of the excavation bottom, and to reduce the potential for soil disturbance and facilitate filling operations, we recommend that all free - standing water within the excavations be removed prior to proceeding with construction. Page 6 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. 7.2 Excavation Sacksloping If excavation faces are not retained, the excavations should maintain maximum allowable slopes in accordance with OSHA Regulations (Standards 29 CFR), Part 1926, Subpart P, "Excavations" (can be found on www.osha.gov). Even with the required OSHA sloping, water seepage or surface runoff can potentially induce sideslope erosion or running which could require slope maintenance. 7.3 Observation and Testing The recommendations in this report are based on the subsurface conditions found at our test boring locations. Because the soil conditions can be expected to vary away from the soil boring locations, we recommend on -site observations by a geotechnical engineer, or the engineer's representative during construction, to evaluate the effect of these potential changes. We recommend that all foundation bearing surfaces be observed by a Geotechnical Engineer prior to fill or concrete placement. Soil density testing should also be performed on all fill placed at the site to document that our recommendations and the specifications for compaction and moisture have been satisfied. Where fill material type is important, laboratory sieve analyses should be performed to document that the actual fill meets the recommended gradation criteria. The building materials should also be tested in accordance with the project specifications and the building codes. 8.0 LIMITATIONS Within the limitations of scope, budget, and schedule, we have endeavored to provide our services according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, either expressed or implied, is intended. Page 7 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota AMERICAN February 18, 2015 ENGINEERING Report No. 01 -06418 TESTING, INC. Important information regarding risk management and proper use of this report is given in Appendix B entitled " Geotechnical Report Limitations and Guidelines for Use ". Page 8 of 8 Report of Geotechnical Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. Appendix A Geotechnical Field Exploration and Testing Boring Log Notes Unified Soil Classification System Figure 1 — Approximate Boring Locations Subsurface Boring Logs Appendix A Geotechnical Field Exploration and Testing Report No. 01 -06418 A.1 FIELD EXPLORATION The subsurface conditions at the site were explored by drilling and sampling two standard penetration test borings. The approximate locations of the borings appear on Figure 1, preceding the Subsurface Boring Logs in this appendix. A.2 SAMPLING METHODS A.2.1 Split -Spoon Samples (SS) - Calibrated to N60 Values Standard penetration (split- spoon) samples were collected in general accordance with ASTM: D1586 with one primary modification. The ASTM test method consists of driving a 2 -inch O.D. split - barrel sampler into the in -situ soil with a 140 -pound hammer dropped from a height of 30 inches. The sampler is driven a total of 18 inches into the soil. After an initial set of 6 inches, the number of hammer blows to drive the sampler the final 12 inches is known as the standard penetration resistance or N- value. Our method uses a modified hammer weight, which is determined by measuring the system energy using a Pile Driving Analyzer (PDA) and an instrumented rod. In the past, standard penetration N -value tests were performed using a rope and cathead for the lift and drop system. The energy transferred to the split -spoon sampler was typically limited to about 60% of its potential energy due to the friction inherent in this system. This. converted energy then provides what is known as an N60 blow count. The most recent drill rigs incorporate an automatic hammer lift and drop system, which has higher energy efficiency and subsequently results in lower N- values than the traditional N60 values. By using the PDA energy measurement equipment, we are able to determine actual energy generated by the drop hammer. With the various hammer systems available, we have found highly variable energies ranging from 55% to over 100 %. Therefore, the intent of AET's hammer calibrations is to vary the hammer weight such that hammer energies lie within about 60% to 65% of the theoretical energy of a 140 -pound weight falling 30 inches. The current ASTM procedure acknowledges the wide variation in N- values, stating that N- values of 100% or more have been observed. Although we have not yet determined the statistical measurement uncertainty of our calibrated method to date, we can state that the accuracy deviation of the N- values using this method is significantly better than the standard ASTM Method. A.2.2 Disturbed Samples (DS) /Spin -up Samples (SID Sample types described as "DS" or "SU" on the boring logs are disturbed samples, which are taken from the flights of the auger. Because the auger disturbs the samples, possible soil layering and contact depths should be considered approximate. A.2.3 Sampling Limitations Unless actually observed in a sample, contacts between soil layers are estimated based on the spacing of samples and the action of drilling tools. Cobbles, boulders, and other large objects generally cannot be recovered from test borings, and they may be present in the ground even if they are not noted on the boring logs. Determining the thickness of "topsoil" layers is usually limited, due to variations in topsoil definition, sample recovery, and other factors. Visual - manual description often relies on color for determination, and transitioning changes can account for significant variation in thickness judgment. Accordingly, the topsoil thickness presented on the logs should not be the sole basis for calculating topsoil stripping depths and volumes. If more accurate information is needed relating to thickness and topsoil quality definition, alternate methods of sample retrieval and testing should be employed. A.3 CLASSIFICATION METHODS Soil descriptions shown on the boring logs are based on the Unified Soil Classification (USC) system. The USC system is described in ASTM: D2487 and D2488. Where laboratory classification tests (sieve analysis or Atterberg Limits) have been performed, accurate classifications per ASTM: D2487 are possible. Otherwise, soil descriptions shown on the boring logs are visual- manual judgments. Charts are attached which provide information on the USC system, the descriptive terminology, and the symbols used on the boring logs. The boring logs include descriptions of apparent geology. The geologic depositional origin of each soil layer is interpreted primarily by observation of the soil samples, which can be limited. Observations of the surrounding topography, vegetation, and development can sometimes aid this judgment. Appendix A - Page 1 of 2 AMERICAN ENGINEERING TESTING, INC. Appendix A Geotechnical Field Exploration and Testing Report No. 01 -06418 A.4 WATER LEVEL MEASUREMENTS The ground water level measurements are shown at the bottom of the boring Iogs. The following information appears under "Water Level Measurements" on the logs: • Date and Time of measurement • Sampled Depth: lowest depth of soil sampling at the time of measurement • Casing Depth: depth to bottom of casing or hollow -stem auger at time of measurement • Cave -in Depth: depth at which measuring tape stops in the borehole • Water Level: depth in the borehole where free water is encountered Drilling Fluid Level: same as Water Level, except that the liquid in the borehole is drilling fluid The true location of the_water table at the boring locations may be different than the water levels measured iii the boreholes. This is possible because there are several factors that can affect the water level measurements in the borehole. Some of these factors include: permeability of each soil layer in profile, presence of perched water, amount of time between water level readings, presence of drilling fluid, weather conditions, and use of borehole casing. A.5 LABORATORY TEST METHODS A.5.1 Water Content Tests Conducted per AET Procedure 01-LAB -010, which is performed in general accordance with ASTM: D2216 and AASHTO: T265, A.5.2 Sieve Analysis of Soils (thru #200 Sieve) Conducted per AET Procedure 01- LAB -040, which is performed in general conformance with ASTM: D6913, Method A. A.6 TEST STANDARD LIMITATIONS Field and laboratory testing is done in general conformance with the described procedures. Compliance with any other standards referenced within the specified standard is neither inferred nor implied. A.7 SAMPLE STORAGE Unless notified to do otherwise, we routinely retain representative samples of the soils recovered from the borings for a period of 30 days. Appendix A - Page 2 of 2 AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS Symbol Definition AR: Sample of material obtained from cuttings blown out the top of the borehole during air rotary procedure. B, H, N: Size of flush joint casing CAS: Pipe casing, number indicates nominal diameter in inches COT: Clean -out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights DP: Direct push drilling; a 2.125 inch OD outer casing with an inner 11/2 inch ID plastic tube is driven continuously into the ground. FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N -value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel RDA: Rotary drilling with compressed air and roller or drag bit. RDF: Rotary drilling with drilling fluid and roller or drag bit REC: In split -spoon (see notes), direct push and thin - walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. SS: Standard split -spoon sampler (steel; 1.5" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin -up sample from hollow stem auger TW: Thin - walled tube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has collected inside the borehole after "falling" through drilling fluid WH: Sampler advanced by static weight of drill rod and hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel T :: Water level directly measured in boring 0: Estimated water level based solely on sample appearance TEST SYMBOLS Symbol Definition CONS: One - dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) qc: Static cone bearing pressure, tsf q,,: Unconfined compressive strength, psf R: Electrical Resistivity, ohm -cros RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight % -200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES (Calibrated Hammer Weight) The standard penetration test consists of driving a split -spoon sampler with a drop hammer (calibrated weight varies to provide N60 values) and counting the number of blows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D1586, the blows for each complete 6" increment and for each partial incrementis on the boring log. For partial increments, the number of blows is shown to the nearest 0. F below the slash. The length of sample recovered, as shown on the "REC" column, may be greater than the distance indicated in the N column. The disparity is because the N -value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the . entire sampler drive (which may even extend more than 18 "). 0IREP052C (7/11) AMERICAN ENGINEERING TESTING, INC. TIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 Criteria for Assigning Group Symbols and Group Names Using Laboratory TesisA Coarse - Grained Gravels More Clean Gravels Cu>4 and 1 <Cc<3a Soils More than 501/0 coarse Less than 5% Fines classify as ML or MH ran 50% fraction retained finesc Cu<4 and/or 1>Cc>3 ;twined on on No. 4 sieve A' liner _ TO. 200 sieve PI<4 or lots below Gravels with Fines classify as ML or M organic Liau id limit –oven dried <0.75 Fines more Liquid limit –not dried than 12% fines C Fines classify as CL or CF Fine - Grained oils 50% of lore passes ..re No. 200 sieve =Plasticity hart below) iil z� a bans �u io or more of Coarse fraction passes No. 4 sieve Liquid limit less than 50 Liquid limit or more L SIELEANALYSIS I sa.nev�aGM1Y� -��-� Clean Sands Cu>6 and 1 <Cc<31 Less than 5% Poorly- graded: fineSD Cu<6 and/or 1 >Cc>3 Sands with Fines classify as ML or MH .Fines more Lean cl than 12% fines D Fines classify as CL or CH inorganic PI >7 and plots on or above A' liner PI<4 or lots below A' line organic Liau id limit –oven dried <0.75 Liquid limit –not dried Group Group l 3ymbol GW - Well graded SW Well - graded sal SP Poorly- graded: SM Silty sand SC Clayey sand CL Lean cl hnl � inorganic PI plots on or above "A" line CH PI plots below "A" Iine MH organic Liquid limit –oven dried <0.75 OH Liquid limit –not dried Primarily organic matter, dark PT in color, and organic in odor ss -m s ra as m PARTICLE SCE IN MILUMET92S G -5"1ZR 200 _`D.. -a=.15 -HH i i i =omsnm, 8 Fi 5 x w 0 r t 30 U_ F < 20 a 10 4 0 Organic silt�`"1-O Fat cl Elastic— s Organic silt "-KQ For classification of fine -groins soils / / i / i ed>'ine- grained fraction lrso- , / AMERICAN ENGINEERING TESTING, INC. Notes ABased on the material passing the 3 -in k75-=) sieve. - field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name. °Gravels with 5 to 12% fines require dual symbols: GW GM well - graded gavel with silt GW -GC well-graded gravel with clay GP -GM poorly graded gavel with silt GP-GC poorly graded gravel with clay DSands with 5 to 12% fines require dual symbols: SW -SM well- graded sand with silt SW -SC wellgraded sand with clay SP -SM poorly graded -sand with silt SP-SC poorly graded sand with clay (D3o)z aCu =D61X111, CC= Digx D6o r'7f soil contains >15% sand, add "with sand" to group name. oIf fines classify as CL-ML, use dual saymbol GC -GK or SC -SM. If fines are organic, add "with organic fines" to group name. 'If soil contains >15% gravel, add "with ravel" to group name. If Atterberg limits plot is hatched area, soils is a CL- ML-silty clay. xlf soil contains 15 to 29% plus No. 200 add `with sand" or "with gravel ", whichever is predominant Llf soil contains >30% plus No. 200, predominantly sand, add "sandy" to group name. MY soil contains >30% plus No. 200, predominantly gavel, add "gravelly" to group name. NPl >4 and plots on or above A° lime. °Pl <4 or plots below A line. "PI plots on or above "A" ]me. IQPI plots below "A" line. RMer Content description shown below. 0 10 J620 30 4D 50 60 70 80 90 100 1101 LIQUID LIMIT (LL) Plasticity Chart ILOGYNOM USED -BYAET FOR SOIL IDIIVTMCATION AND DESCRIPTION Team Particle Size { Term Percent I Term Bouldeis Over 12" A Little Gravel 3%-14% Very Soft Cobbles 30 to 12" With Gravel 15.0 -29% Soft Gravel #4 sieve to 31 Gravelly 30 % -50% Firm Sand 4200 to #4 sieve Stiff Fines (silt & clay) Pass #200 sieve Very Stiff -- -- Hard (MC Column) D (Dry): Abseuse of moisture, dusty, dry to touch. Laminations: Layers less than M (Moist): Damp, although free water not W. thick of Term visible. Soil may shill have ahigh differing material water content (over "optlzmmi "). or color. Fibric Peat W (Wet/ Free water visible intended to Hemic Peat Waterbearing): describe non-plastic soils. Lenses: Pockets or layers SapricPeat Waterbearing usually relates to greater than Y2- sands and sand with silt thick of diffming F (Frozen): Soil frozen material or color. N Value. BPF Team N Value. BPF less than 2 Very Loose 0-4 2-4 Loose 5-10 5-8. Medium Dense 11-30 9 -15 Dense 31 -50 16-30 Very Dense Greater than 50 Greater than 30 geriod on Organic Description (if no lab testsl Soils are described as ormylk if soil is not peat Fiber Content and is judged to have sufficient organic fines Estimate) content to influence the Liquid Limit•properties. NzAtly or?mzfc used for boiderline cases. Greater than 67% Root Inclusions 33 – 671/o With roots: Judged to have sufficient quantity Less than 33 % of roots to influence the soil properties. Trace roots: Small roots present but not judged to be in sufficient quantity to, significantly affect soil properties. - ICLS021(07 /08) AMERICAN ENGINEERING TESTING, INC. (MC Column) D (Dry): Abseuse of moisture, dusty, dry to touch. Laminations: Layers less than M (Moist): Damp, although free water not W. thick of Term visible. Soil may shill have ahigh differing material water content (over "optlzmmi "). or color. Fibric Peat W (Wet/ Free water visible intended to Hemic Peat Waterbearing): describe non-plastic soils. Lenses: Pockets or layers SapricPeat Waterbearing usually relates to greater than Y2- sands and sand with silt thick of diffming F (Frozen): Soil frozen material or color. N Value. BPF Team N Value. BPF less than 2 Very Loose 0-4 2-4 Loose 5-10 5-8. Medium Dense 11-30 9 -15 Dense 31 -50 16-30 Very Dense Greater than 50 Greater than 30 geriod on Organic Description (if no lab testsl Soils are described as ormylk if soil is not peat Fiber Content and is judged to have sufficient organic fines Estimate) content to influence the Liquid Limit•properties. NzAtly or?mzfc used for boiderline cases. Greater than 67% Root Inclusions 33 – 671/o With roots: Judged to have sufficient quantity Less than 33 % of roots to influence the soil properties. Trace roots: Small roots present but not judged to be in sufficient quantity to, significantly affect soil properties. - ICLS021(07 /08) AMERICAN ENGINEERING TESTING, INC. N Value. BPF Team N Value. BPF less than 2 Very Loose 0-4 2-4 Loose 5-10 5-8. Medium Dense 11-30 9 -15 Dense 31 -50 16-30 Very Dense Greater than 50 Greater than 30 geriod on Organic Description (if no lab testsl Soils are described as ormylk if soil is not peat Fiber Content and is judged to have sufficient organic fines Estimate) content to influence the Liquid Limit•properties. NzAtly or?mzfc used for boiderline cases. Greater than 67% Root Inclusions 33 – 671/o With roots: Judged to have sufficient quantity Less than 33 % of roots to influence the soil properties. Trace roots: Small roots present but not judged to be in sufficient quantity to, significantly affect soil properties. - ICLS021(07 /08) AMERICAN ENGINEERING TESTING, INC. - ICLS021(07 /08) AMERICAN ENGINEERING TESTING, INC. Cost Estimate for 2 soil borings and Schedule for work Routine laboratory testing Huset splash Pad Report with footing recommendations - Bodrigs anticipate 48" deep footings for equipment b r r. `3 _ II ds 7r'i k Ej a .ietlC�C�F i,i `•y ? •t Y . y II� et T., a AMERICAN ENGINEERING TESTING, INC. SUBSURFACE BORING LOG AET No: 01 -06418 Log of Boring No. 1 (p. 1 of 1) Project: Huset Park Splash Pad; Columbia Heights, MN DEIPTH Surface Elevation 104.6 GEOLOGY N MC SAMPLE REC FIELD & LABORATORY TESTS WC DEN LL PL o- #20( FEET MATERIAL DESCRIPTION TYPE IN. FILL, mostly clayey sand, slightly organic, a FILL little gravel, trace roots, dark brown and brown, 1 frozen to around 16" F/M SS 14 22 2 10 M SS 6 16 3 4 CLAYEY SAND, a little gravel, brown, a little TILL light brown and dark brown, stiff to very stiff, 5— laminations of silty sand and sandy silt (SC) 15 M SS 14 15 6 7 17 M SS 16 15 8 9 10 20 M SS 16 14 11 12 21 M SS 18 13 14 15 27 M SS 3 15 16 END OF BORING DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO 1 11 0 -14 /Z 3.25 HSA DATE TIME SAMPLED CASING CAVE-IN FLUID LEVEL EVEL T ATTACHED 2/9/15 16.0 14.5 15.8 None SHEETS FOR AN EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 2/9/15 DR: SG LG: CD Rig: 91C THIS LOG 03/2011 01 -DHR -060 AMERICAN ENGINEERING SUBSURFACE BORING LOG TESTING, INC. AET No: 01 -06418 Log of Boring No. 2 (p. 1 of 1) Project: Huset Park Splash Pad; Columbia Heights, MN NOTE: REFER TO DATE TIME SAMPLED DEPTH CASING DEPTH CAVE -IN DEPTH DRILLING FLUID LEVEL DEPTH Surface Elevation 100.9 GEOLOGY N MC S� E EC FIELD &LABORATORY TESTS 2/9/15 IN FEET MATERIAL DESCRIPTION 9.5 10.9 None SHEETS FOR AN WC DEN LL PL #20 FILL, mostly clayey sand, slightly organic, a FILL BORING TERMINOLOGY ON COMPLETED: 2/9/15 little gravel, pieces of wood, a little silty sand, F/M SS 8 23 t trace roots, frozen to around 18" THIS LOG DR: SG LG: CD Rig: 91C 2 n 1 _T')uu -()AI CLAYEY SAND, a little gravel, brown, a little TILL light brown and dark brown, stiff to very stiff, 14 M SS 10 14 3 laminations of sandy silt and silty sand (SC) 4 5 16 M SS 14 14 6 7 18 M SS 16 14 8 9 10 22 M SS 16 16 t 1 END OF BORING CL CL U H W a 4 0 CL d 0 U� F- a DEPTH: DRILLING METHOD WATER LEVEL MEASUREMENTS NOTE: REFER TO DATE TIME SAMPLED DEPTH CASING DEPTH CAVE -IN DEPTH DRILLING FLUID LEVEL WATER LEVEL THE ATTACHED 0 -91 /a' 3.25" HSA 2/9/15 8:40 11.0 9.5 10.9 None SHEETS FOR AN EXPLANATION OF BORING TERMINOLOGY ON COMPLETED: 2/9/15 THIS LOG DR: SG LG: CD Rig: 91C n 1 _T')uu -()AI 03/2011 Report of GeotechnicaI Exploration and Review Huset Park Splash Pad; Columbia Heights, Minnesota February 18, 2015 Report No. 01 -06418 AMERICAN ENGINEERING TESTING, INC. Appendix B Geotechnical Report Limitations and Guidelines for Use Appendix B Geotechnical Report Limitations and Guidelines for Use Report No. 01 -06418 B.1 REFERENCE This appendix provides information to help you manage your risks relating to subsurface problems which are caused by construction delays, cost overruns, claims, and disputes. This information was developed and provided by ASFE', of which, we are a member firm. B.2 RISK MANAGEMENT INFORMATION B.2.1 Geotechnical Services are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engineer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one, not even you, should apply the report for any purpose or project except the one originally contemplated. B.2.2 Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. B.2.3 A Geotechnical Engineering Report is Based on A Unique Set of Project- Specific Factors Geotechnical engineers consider a number of unique, project - specific factors when establishing the scope of a study. Typically factors include: the client's goals, objectives, and risk management preferences; the general nature of the structure involved, its size, and configuration; the location of the structure on the site; and other planned or existing site improvements, such as access roads, parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates otherwise, do not rely on a geotechnical engineering report that was: • not.prepared for you, • not prepared for your project, • not prepared for the specific site explored, or • completed before important project changes were made. Typical changes that can erode the reliability of an existing geotechnical engineering report include those that affect: • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light industrial plant to a refrigerated warehouse, • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes, -even minor ones, and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. B.2.4 Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineering report whose adequacy may have been affected by: the passage of time; by man-made events, such as construction on or adjacent to the site; or by natural events, such as floods, earthquakes, or groundwater fluctuations. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. 1 ASFE, 8811 Colesville Road/Suite G106, Silver Spring, MD 20910 Telephone: 301/565 -2733: www.asfe.org Appendix B — Page 1 of 2 AMERICAN ENGINEERING TESTING, INC Appendix B Geotechnical Report Limitations and Guidelines for Use Report No. 01 -06418 B.2.5 Most Geotechnical Findings Are Professional Opinions Site exploration identified subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engineers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ, sometimes significantly, from those indicafed in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. B.2.6 A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engineers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual subsurface conditions revealed during construction. The geotechnical engineer who developed your report cannot assume responsibility or liability for the report's recommendations if that engineer does not perform construction observation. B.2.7 A Geotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geotechnical engineering reports has resulted in costly problems. Lower that risk by having your geotechnical engineer confer with appropriate members of the design team after submitting the report. Also retain your geotechnical. engineer to review pertinent elements of the design team's plans and specifications. Contractors can also misinterpret a geotechnical engineering report. Reduce that risk by having your geotechnical engineer participate in prebid and preconstruction conferences, and by providing construction observation. B.2.8 Do Not Redraw the Engineer's Logs Geotechnical engineers prepare final boring and testing logs based upon their interpretation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geotechnical engineering report should never be redrawn for inclusion in architectural or other design drawings. Only photographic or electronic reproduction is acceptable, but recognizes that separating logs from the report can elevate risk. B.2.9 Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can make contractors liable for unanticipated subsurface conditions by limiting what they provide for bid preparation. To help prevent costly problems, give contractors the complete geotechnical engineering report, but preface it with a clearly written letter of transmittal. In the letter, advise contractors that the report was not prepared for purposes of bid development and that the report's accuracy is limited; encourage them to confer with the geotechnical engineer who prepared the report (a modest fee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable. Be sure contractors have sufficient time to perform additional study. Only then might you be in a position to give contractors the best information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. B.2.10 Read Responsibility Provisions Closely Some clients, design professionals, and contractors do not recognize that geotechnical engineering is far less exact than other engineering disciplines. This Iack of understanding has created unrealistic expectations that have led to disappointments, claims, and disputes. To help _reduce the risk of such outcomes, geotechnical engineers commonly include a variety of explanatory provisions in their report. Sometimes labeled "limitations" many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. B.2.11 Geoenvironmental Concerns Are Not Covered The equipment, techniques, and personnel used to perform a geoenvironmental study differ significantly from those used to perform a geotechnical study. For that reason, a geotechnical engineering report does not usually relate any geoenviromnental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your own geoenvironmental information, ask your geotechnical consultant for risk management guidance. Do not rely on an environmental report prepared for someone else. Appendix B — Page 2 of 2 AMERICAN ENGINEERING TESTING, INC This Page Left Blank Intentionally ,* CenterPoint. Energy Stantec 2335 Highway 36 W St Paul, MN 55113 Attn: Shirley Lovell Re: Gas Main Locations Minnesota GSOC Ticket # 1509640696 Dear Ms. Lovell: 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440 -1165 Enclosed are copies of our GIS inventory record maps for the area of the proposed project(s) showing the location of our gas mains. Individual services may not be shown. This information is quality level "C ". The locations furnished are approximate and are for general information only. They are furnished to inform you, the public works agency and any contractors of their existence, to assist you in your planning, design, or survey, or to meet permit requirements. Using this information for excavation without calling for field locations is a violation of Minnesota Statute 216D. Please Nate: This Gopher State One -Call location request does not contain the information required for adequate notification of a public works project. If this locate request involves reconstruction of street infrastructure or if an easement containing natural gas facilities is involved, CenterPoint Energy requires a set of plans showing final grades, subcuts and utilities. A minimum of eight (8) weeks may be required to review the plans, prepare a relocation plan, and if necessary obtain permits and coordinate the relocation project. Additional time will be required if a natural gas transmission pipeline is involved. Please send these plans to me at the address below. It is the excavator's responsibility to call Gopher State One Call 48 hours prior to any excavation to arrange for buried facility locates. Receiving; this information does not elintinato their res1xmsibiliq conform to Minnesota statute 216D. Should you have any questions please contact me. Thank you for your cooperation. Sincerely, Andrew Balgobin Administration Engineer 700 West Linden Avenue, Box 1165 Minneapolis, Minnesota 55440 -1165 Engineering 612 -321 -5426 Andrew .Balgobin @CenterPointEnergy.com Positive Response Wicket Information 'Effective June L,2014 Gopher State One Call implemented anew privacy policy. After 30 days, fields containing personal information will not be displayed in Ticket Senrch. For more information click b ere. Gopher State One Call Locate Request- Ticket Number: 150640696 Old Ticket: Type: NON - EXCAVATION Submit Date: 3/5/2015 2:55:55 PM Work Date: 3/262015 2:45:00 PM Expiration Date: 4/!2015 2:45:00 PM STANTEC 2335 HIGHWAY 36 W ST, PAUL MN 55113 Work Information" Street: 0 MILL ST NE Place: COLUMBIA HEIGHTS County: ANOKA Intersection: 5TH ST NE State: MN Type of W ork: OTHER - SEE REMARKS Explosives: No Tunnel /Bore: No Right of Way: No Duration: 6 MONTHS Code Name Phone Number CCOLHT01 CITY OF COLUMBIA HEIGHTS - CCOLHT01 (763) 706.3700 COMCST01 COMCAST- COMCST01 (612) 522 -8141 CTL1vfN01 CENTURYLINK - CTLQL (855) 742 -6062 MINGAS03 CENTER POINT ENERGY - MINGAS03 (800) 778 -9140 XCEL07 XCEL ENERGY - XCEL07 (800) 848 -7558 ZAYO01 ZAYO BANDWIDTH - ZAYO01 (886) 267 -1063 Page 1 of 1 General Map Legend Pressure Class Color Class Normal Pressure Range -- - --- 1 7" W. C. ------ ---- -- 2 8. -10 PSIG - ^--- ^---- - 5 20 -25 PSIG 6 50 -55 PSIG 7 70 -76 PSIG 8 70 -95 PSIG A 125 PSIG OR LESS -° -° - - C 175 PSIG OR LESS -~-- - E 215 PSIG OR LESS F 250 PSIG OR LESS K 400 PSIG OR LESS L 450 PSIG OR LESS M 500 PSIG OR LESS N 550 PSIG OR LESS 0 600 PSIG OR LESS P 650 PSIG OR LESS PROPOSED NEW MAIN (DESIGNED) PROPOSED ABANDONED MAIN ABANDONED MAIN Pipe Material Code Description ST STEEL WR WROT STEEL CI CAST IRON PE PLASTIC TR PLASTIC AA PLASTIC PVC POLYVINYL CHLORIDE Symbology Pressure Change Area Symbology Color Code ACTIVE j DESIGNED (� ABANDONED Abbe via tion List Code Description AL ALLEY LINE CASING BACK OF CURB BL CLOSE VALVE m BACK OF BLACKTOP CLOSE ROADWAY VALVE CATCH BASIN CL OPEN ROADWAY VALVE CID CABLE PEDESTAL DB DITCH BOTTOM DT OPEN VALVE N DRIVE WAY OVERPRESSURE DEVICE C3 Q REGULATING STATION ER Iffil TOWN BORDER STATION EASEMENT LINE ❑ VAULT Pressure Change Area Symbology Color Code ACTIVE j DESIGNED (� ABANDONED Abbe via tion List Code Description AL ALLEY LINE BC BACK OF CURB BL BUILDING LINE BT BACK OF BLACKTOP CB CATCH BASIN CL CENTER LINE CID CABLE PEDESTAL DB DITCH BOTTOM DT DRAIN TILE DW DRIVE WAY EBL EAST BOUND LANE EP ELECTRIC PEDESTAL ER EDGE OF ROAD ES EASEMENT LINE ET ELECTRIC TRANSFORMER FC FRONT OF CURB FL FENCE LINE GC GARAGE CORNER GL GARAGE LINE HC HOUSE CORNER HD HYDRANT HL HOUSE LINE ILW EDGE OF SIDE WALK CLOSEST TO ROAD ROW LL LOT LINE LP LIGHT POLE MH MANHOLE MP METER POST NBL NORTH BOUND LANE PC PROPERTY CORNER PI PROPERTY IRON PL POLE LINE PO POLE PP POWER POLE RD RADIUS POINT RI RISERS RR CENTER OF RR TRACKS RW RIGHT OF WAY SBL SOUTH BOUND LANE SD STORM DRAIN SN STREET SIGN SS STORM SEWER SW SIDEWALK TIP TELEPHONE PEDESTAL UP UTILITY PEDESTAL WA WALL WBL WEST BOUND LANE WL WATER LINE WS WATER STOP CenterPoint Energy 10/25/11 At3 ot N-',, 1.4 ,4 1 wFa ft n � A iii.. l it �! t j— — —I — f 1••s •_ .__ ..-... i } . _. T,v i +vim +a 5 Y i.., t� ' •' j e .. t t it i � t I � r - ri t \�1 y u' ti { 4 ;a t � 4 I i I •1t �1 � V � � � 1 � E � 1 4 Al iA i ! ' ) 4 # I Y+ s ' t :4 _I rte.. . i !€ Y 3 S•1FI qq.a a Z� :' 1 .. r t .• f a. l r j 'l • • F. t . r x.yf =� - x h w ♦ 1 . 4 t � a s. r This Page Left Blank Intentionally oz LJ oos Y d' r ai 1 x tex ' oro ' N� rots 3N1S Nno... . 1S VNN3N0W z Y = _ - - A �' A JR' FF - O K ,_ gLg r uzz lY o n a 1s 3��3e n N x w U u Z LJ O Z O Q 1S S3A3N _Z LL O F z U) xU W LLJ ~ o N Z of w Os5 a$ U Z '�$ / v~i O (w F- yet Z0 a y0 e y'e �1d6 ti y O / z 41 a W W y1e • y`ti - � trt(r - 61 C y�0 Log r� >:c+eui r 3N 1S4 rro is.rzmi rs �° ra:szrrza vs ze - p'.g1?,�I.4n�_L sa Ott z a ira wz l - w Z � - -- "�•� 3N kVMSNY831 lS N3N71V9 •lye 9C -px ¢ Us.rz .¢ron ix SCF NC CLfi£ 5" ref w CIC lot CIC t14 ` rl °.MSaE nr we OK w i I ,ll I � r � •ice 1 1 x Y , t t 7 S 5 i k r f k I j � itiik ?c 7 1� i AW m ~\ / � ƒ� \.ƒ \� -j7 i /] � \����7\ - AW m E L 1 tl I I� t r4 1 _ 1.1 < I _ . i I i i l _ —�� i � • . �,.�... �+•—. 111:x.... I �.- .t+'�,..�'1,., s 'r t ( , i y { Lij t_. t LLJ CD j d� Y�fi t b W cc i LO t P •' _ +r 1 Ll_b �i` �y J-1i, - Smallworld Electric Distribution Svmbols April 2012 Transformers .` Xcel /Unknown Dist. Pole Overhead Underground T OH Capacitor Foreign Dist. Pole �-� One Phase "� UG Capacitor Cust. Owned Dist. Pole Three Three Phase o �'� ! Regulator Bank 0 Xcel /Unknown Orn. Pole Wye -Wye Recloser Bank Two Phase 71P (� Cust. Owned Orn. Pole Wye -Delta Sectionalizer Bank Xcel Legacy Trans. Pole �b-y� Three Phase _rZ' Substation Wye -Delta Electric Riser Deferral Cabinet Anchor Guy One Phase Delta 'VA Vault .L- Push Brace �'-y��, Three Phase -Z Retired Vault Delta -Delta Ground Brace Secondary Splice Box �� Three Phase -LAb H Fixture ©- o Delta -Wye �' 'k Primary Splice Box Primary Open Three Phase w �o T�� Retired Splice Box Open Delta - Secondary Open Open Delta • UG Primary Splice Mid Span Tap ��tpn Step Up / ���� a Component Primary Splice Step Down Lightening Arrestor Switches, Fuses & Elbows • UG Secondary Splice Neutral Isolating Device Closed Open DLL Manhole 1' OH & UG © Directional Nightwatch Disconnect Switch Retired Manhole -- 'i Area Nightwatch X OH & UG Switch © ■ Generic Pad Xcel /Unknown Street Light OH & UG Fuse © Transformer Pad t O Cus. Owned Street Light g ` 1 UG Vacuum Switch T1 GG Distributed Generation Ornamental Light UG Vacuum Interrupter C� DS Distributed Storage Street Light Control \\ Elbow m Primary Intersect Connector OPrimary Meter \ Cable Terminator © - Electric XY NM Non - metered Facility ATC OH & UG ATO ATO M Primary Structure Node i Fault Indicator OCB Circuit Breaker OCB ■ Secondary Structure Node ry -� ( "y Cable Failure Indicator Switch Centers (1) PMH -3 C� PMH -5 Ci PMH -9 • Misc Elec Landmark Point Locator PMH -10 & PMH -11 & 0 Auto Auto PMH -12 & Auto + Lot Centroid - Secondary Transformer ] Automated ��} Unknown � (6) r Elbow Error Symbol: Error with y • Secondary Pedestal ry Busbar Center Attributes; Unable to Symbolize Correctly © Metered Secondary Note: Actual Location Symbols are 1/2 size of the Symbol Status: Black denotes "Install" status normal symbols and are gray. Symbol with an X denotes "Remove" status Smallworld Electric Distribution Symbols April 2012 Overhead Underground — - — - — - — - — - One Phase Primary ------- - - - - -- Two Phase Primary Three Phase Primary Mainline Primary Primary and Secondary Component One Phase Change Marker Component Two Phase OH Primary — — • - — — Component Three Phase I �► OH Secondary Component Mainline UG Secondary Component Secondary ---------------------------- 1 2 Wire Service -.do 3 Wire Service ------ - -- - - -- - ---' 4 Wire Service Customer Pointer Error Symbol: Error with Attributes; Unable to Symbolize Correctly Annotation Rules The following are NOT annotated- * 65 Amp Fuse • UG 1/0 Secondary • UG 6 Duplex Street Wire • UG 4/0 AL TX feeding a pedestal Secondary Retired Secondary Neutral Only Span Guy Legacy Transmission Conduit Retired Conduit Duct Bank Retired Duct Bank Tunnel Gas Tunnel .. .._ UG Route (Trench) -------------------------------------- UG Route (Joint Trench) — - — - — - — - — - — - — - — - — - — - — - — - — Joint Trench Line Cable Seaments Cable Segment Break Point Q Cable Segment — — — — — — — — — — — - -- — - Cable Segment Delete Old Cable Segment — .— ••— ••— ••-- • - -• —•• Install Status _.._..— ..— .•— •• —•• —• — Existing Status "' "' Remove Status - - -- Retired Status - -- -, - - - -- For Mau Updates If you find discrepancies on a map, please make the necessary changes on the Map Copy and send it (along with your name and location) to: NSPM/NSPW PSCo SPS Mapping Department Mapping Department Mapping Department c/o Allan Radke, Mgr c/o Bill Lucatuorto, Mgr c/o Darius Elder, Mgr Chestnut Service Center(CSC) -1 Lipan Distribution Center(LDC) -1 Amarillo Service Center -1 Smallworld and FieldSmart will be reflected with map update or correction within 5 Ehleringer, Jeff From: Doug Heider <dheider @mi- tech.us> Sent: Wednesday, March 25, 2015 8:21 AM To: Lovell, Shirley Subject: XO Comm. GSOC #150640696 XO Communications is clear Gopher State One Call Locate Request Ticket Number: 150640696 Old Ticket: By: SHANE.L Source: VOICE Type: NON - EXCAVATION Date: 3/5/2015 2 :55:55 PM Send To: ZAY001 Sequence: 50 Company Information STANTEC Type: OTHER 2335 HIGHWAY 36 W ST. PAUL, MN 55113 Caller: SHIRLEY LOVELL Caller Phone: (651) 604 -4717 Contact: JEFF EHLERINGER Contact Phone: (651) 604 -4834 Company Phone: (651) 604 -4717 Company Fax: Company Email: SHIRLEY.LOVELL(a-)STANTEC.COM Work Information State: MN Work Date: County: ANOKA Done For: Place: COLUMBIA HEIGHTS Street: 0 MILL ST NE Intersection: 5TH ST NE Type of Work: OTHER - SEE REMARKS Explosives: No Tunnel /Bore: Right of Way: No Duration: Remarks 03/26/2015 2:45:00 PM CITY OF COLUMBIA H No 6 MONTHS DESIGN OF SPLASH PAD AND RELATED SITE WORK A LISTING OF UTILITIES IS REQUESTED FOR AN AREA BOUNDED BY MILL ST NE TO THE NORTH, 5TH ST NE TO THE WEST, HUSET PKWY NE TO THE SOUTH AND A POINT 850 FEET FROM THE CENTERLINE FROM 5TH ST NE TO THE EAST CALLER REQUESTS MAPS BE MAILED TO 2335 HWY 36 W ST. PAUL, MN 55313 OR E- MAILED TO SH IRLEY. LOVELL(a)STANTEC. COM THE INFORMATION CONTAINED IN THIS COMMUNICATION MAY BE CONFIDENTIAL, 1S INTENDED ONLY FOR THE USE OF RECIPIENT(S) NAMED ABOVE, AND MAYBE LEGALLY PRIVILEGED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS COMMUNICATION, OR ANY OF ITS CONTENTS, IS STRICTLY PROHIBITED. In 5 Stantec THIS BID IS SUBMITTED TO: City of Columbia Heights Municipal Service Center 637 38th Avenue NE Columbia Heights, MN 55421 BIDDER: 0 D rC S A- T DOCUMENT 00 41 10 BID FORM HUSET PARK SPLASH PAD PROJECT NO. 193803113 CITY PROJECT NO. 1512 COLUMBIA HEIGHTS, MINNESOTA 2015 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding 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 fallowing 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 -5.03. E. Bidder has obtained and carefully studied for accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (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 mndn PHinn PYm, -gCly nom tlrari by the Riddinn nnr-.t Jmpnte to he pmnlnvPrl by Rirlrfpr. rind cnfaty r)rPr-ni itlon< and F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. ® 2015 stantec I l y3803113 004110-1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price (s): All specific cash allowances are included in the prices) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 13.02 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 Pdce Total Price BASE BID: I SPLASH PAD LS 1 $ $ ALTERNATE NO. 1 ,31om 2 SHADE STRUCTURES ADD $ ALTERNATE NO. 2 00 3 LANDSCAPE PLANTINGS ADD $ I - , Q 2015 Stantec 1 193803113 0041 10-2 BID FORM ALTERNATE NO. 3 4 SEAT WALL ALTERNATE NO.4 5 CHANGE PROJECT COMPLETION DATE ADD $ ADD /DEDUCT $ U Q 2115 Stantec 1 143803113 0041 10-3 BID FORM STATE OF MINNESOTA - RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts In excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause 7. By signing this statement, I, �'' Lt W% S`' `� (typed or printed name), Cf 7? (title) certify that I am an owner or officer of the company and do verify under verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed (name of the person, partnership orcorporation submitting this proposal) 9040-3 MrvX-0 Lk-- Rd (business address) . J , . c, - do 3 (City, State and Zip Code) (Bidder or authorized Date BID FORM 2015 Stantec 1 193803113 0041 10-4 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. If Bidder Is: A Corporation SUBMITTED on 6—/19 —2015. Corporation Name: (/ 1) E J 44 n (SEAL) State of Incorporation: DI h Type (General Business, Professional, Service, Limited Liability): By: 14— (Signature) Name (typed or printed): -A VV'. '� aV% so `'1 Title: t�. G D Attest V (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Vdress (No P.O. Box W ): aa3 If'1 /'c ,� of Phone No.: 3 -1 U --' So —'-2 1? 7 Fax No.: AIA Email.: 3 f6 Ran Suh �' J'r V G , e e rs7 ® 2015 5tantec 1 143803113 0041 10-5 80 r-ORM An Individual A Partnership Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Email.: Partnership Name: By: Name (typed or printed): (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No_: Email.: Fax No.: END OF DOCUMENT (SEAL) © 2015 Stantec 1 193803113 0041 10-6 BID FORM /EMClnsurance CaWanies�, Document A310 - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Odesa II, LLC of business) 9003 Mayhew Lake Road NE Employers Mutual Casualty Companp document has important legal Sauk Rapids, MN 66379 717 Mulberry, PO Box 0712 consequences, consultation with an attorney is OWNER: Des Moines, IA 50306 -0712 encouraged with respect to its completion or (Name, Iegal status and address) modification. City of Columbia Heights 637 38th Ave NE Any singular reference to Contractor, surety, Columbia Heights, MN 66421 owner or other party shall be considered plural BOND AMOUNT: Five Percent of Bid Amount-------- {5 %)----- where applicable. _----- _��� —�. PROJECT: (Name, location or address, and Project number, if any) Huset Park Splash Pad Project 2015 -2616 City of Columbia Heights, Minnesota The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that If the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may In good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days, If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 18th day of June, 2016 Odesa 11, LLC (Princ, l) (Seal) (With ss} rl (Title James' Janson, CEO Employers Mutual Casualty Companv (SuM„ , -�-- V) /I nL _ J, _ >, (Seal) (Title) Anita M. Ficker, Attorney -In -Fact tiw oszxsa This document conforms to the wording and provisions of the AIA A310 -2010 bond form. CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF STEARNS On the 98th day of June , 2015 , before me, personally appeared James Janson , to me known, who being by me duly sworn, did depose and say that (s)he resides in Sauk Rapids, MN , that (s)he is the CEO of Odesa11,LLC the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s hereto by like order. MELISSA ANN ANDERSON NOTARY PUBLIC •MINNESOTA My mm Expires Jan. 31, 2017 (Notarial Seal) (Notary Signature) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF STEARNS On the 18th day of June , 2015 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s }he is the aforesaid officer or attorney in fact of the Employers Mutual Casualty Company r a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the atoesaid officer acknowledged said instrument to be the free act and deed of said corporation. bMJSSA ANN ANDERSON M0RMKPLq= -M0ffA 3= MprOanabrbnl3�roe1�t91,�tf _ (Notarial Seal) (Notary Signature) .AFEMC INSURANCE P.O. Box 712 • Des Moines, IA 50306 -0712 No. B15752 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation Dakota Fire Insurance Company, a North Dakota Corporation EMC Property & Casualty Company, an Iowa Corporation Hamilton Mutual Insurance Company, an Iowa Corporation 'Iereinafter referred to severally as "Company' and collectively as "Companies ", each does, by these presents, make, constitute and appoint: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER is true and lawful attomey -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: 'n an amount not exceeding Ten Million Dollars .......................................................................................................... ............................... .................$10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. Fhe authority hereby granted shall expire APRIL 1, 2016 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY his Power- of- Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a egularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power Ind authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and indertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey -in -fact at any time and revoke the power and authority given to him or her. Attomeys -in -fact shall have power and authority, subject to the terms and limitations of the power- of- attomey issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and ther writings obligatory in the nature thereof, and any such instrument executed by any such attomey -in -fact shall be fully and in all respects binding upon the Company. ;ertification as to the validity of any power -0f- attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects winding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power- of- attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. N WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 21st day of JANUARY 2013 Seals •.`SGO 1INSUyy�.,'' - •••�OOMP.141 1 `� -0 g C • p. ,rrr,�2�; :�o`�.,, err, H�. Z SEAL zz 1863 o= , 1953 ,,•;NSURA1pCF''. : 1SUgANC''.� • d`�U7UAL C, •. yG0• pPPORq��`^ ` PPOggT ��0 �� WQy oPP 0qq 4�G '. :cg` v F :tee: �' �: � =w= SEAL _g= _ :�. -�- .<- SEAL `g= IS . 2p' „••SPA yO�S'.,,,n,`,•,��F • 'IOWA`* "" '91}1'0 AKO ,%INES,�P,:: T UTUq r KATHY LYNN LOVERIDGE Commission Number 780769 My ()o 'Q dM 2016 �� ES, �P Bruce G. Kelley, hairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 /A 41 iwz Michael Freel ' Assistant Vice President On this 21st day of JANUARY AD 2013 before me a Notary Publicin and forthe State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duty swom, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. Note Public M and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, nd this Power of Attorney issued pursuant thereto on _JANUARY 21, 2013 on behalf of: ARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER re true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 8th day of June 2015 Vice President AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA ( "Owner ") and ODESA II ( "Contractor "). Owner and Contractor hereby agree as follows: ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: HUSET PARK SPLASH PAD ARTICLE 2 - THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as Huset Park Splash Pad : CITY PROJECT NO. 2015 -12 ARTICLE 3 - ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by the Stantec (ENGINEER). 3.02 The ENGINEER is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents, ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and Final completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before August 21, 2015, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before September 18, 2015. B. Substantial Completion is considered when the following have been completed: 1. Installation of Concrete Splash Pad and Features. 2. Fully Balanced and Operational Splash Pad Manifold and Features. 3. Installation of Concrete Walk, 4. Completion of Site Improvements /Furnishings. 5. A punch list inspection has been completed. 6. All necessary regulatory inspections and approvals have been completed. 7. Owner has been properly trained in operation of the splash pad by the contractor and splash pad manufacturer. 8. The work shall be fully usable for the Owner for its intended purpose. E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1, Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4,02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. B. Original Contract Amount is based on Two Hundred Forty -Eight Thousand, Nine Hundred Thirty Dollars and Zero Cents ($248,930.00) for the Total Base Bid, plus Alternate Nos. 2, 3, and 4. C. The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 6 - PAYMENT PROCEDURES 601 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.I below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. E1CDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 I , Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage), b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. 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 set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15,06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06, ARTICLE 7 - INTEREST 7.01 All amounts not paid when due shall bear interest at the rate stipulated in Minnesota Statute 161.322. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A, Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents, B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site - related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs, EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance bond. 3. Payment bond. 4. Other bonds. 5. General Conditions. 6. Supplementary Conditions, 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) bearing the following general title: Columbia Heights, MN Huset Park Splash Pad. 9. Addenda (Numbers 1 to 2, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid. b. Documentation submitted by Contractor prior to Notice of Award 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. 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 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, EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (stipulated Price). Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, 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, money that may become due and money that is 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 successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents, 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05; 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non - competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non - competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on June 22, 2015 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: City of Columbia Heights ODESA II ter Fe t, Ci 'M ager Title: Gary Pe erson, Mayor (CORPORATE SEAL) Attest: (CORPORATE SEAL) Attest: J a Title: Cif ' C �X ��` Title: C(=-c) Address for giving notices: Cx- (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER - CONTRACTOR Agreement.) Designated Representative: Name Kevin Hansen Title: City Engineer Address: 637 381h Avenue NE Columbia Heights, MN 55421 Phone: 763- 706 -3705 Address for giving notices: License No.: (Where applicable) Agent for service of process: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Designated Representative: Name: Title: Address: Phone: END OF SECTION EJCDC® C -520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 �)iil }h ±�a "S v C d S. STP'z F CONTRACTOR (name and address): Odesa II, LLC 9003 Mayhew Lake Rd NE Sauk Rapids, MN 56379 OWN ER (name and address): City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 CONSTRUCTION CONTRACT PERFORMANCE BOND SURETY (name and address of principal place of business); Employes Mutual Casualty Company 717 Mulberry Des Moines, IA 50309 Effective Date of the Agreement .- June 22, 2015 Amount: Two Hundred Forty -Eight Thousand, Nine Hundred Thirty Dollars and Zero Cents ($248,930.00) Description (name and location):Huset Park Splash Pad City Project No. 2015 -12 BOND Columbia Heights, Minnesota Bond Number:S439792 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): June 29, 2015 Amount:Two Hundred Forty -Eight Thousand, Nine Hundred Thirty Dollars and Zero Cents ($248,930.00) Modifications to this Bond Form: © None [] See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Odesa II, LLC (seal) Employers Mutual Casualty Company (seal) Contract or`s ame and Corp Seal Surety's Name and Corporate Seal Signature Signature (attach powerof attorney) James Janson Print Name CEO Title Attest: Sign Are C� U Title Anita M. Flicker Print Name Attorney -In -Fact Title Attest: Si re Title Agent Notes: (1) Provide supplemental execution by any additional parties, such as)oint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC° C -610, Performance Bond Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3, 3. If there is no Owner Default under the Construction Contract, the Surety's obligation underthis Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's nntice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the ConAructlnn Contract to the Surety or to a contractor selected to perform the Construction Contract, 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3,1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice, 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5,3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Cur iu actor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5,4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy availahle to the nwnPr If tha Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than Uruse ur Ilie Owuer unrler the curtstl'uctlon Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligation.- of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. EJCDC' C -610, Performance Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which Lhe work ur parL of Lhe wurk is located and shall be InstILUted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein, When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all CunuaLL Duwinents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor_ 16. Modifications to this Bond are as follows: EJCDCs C -610, Performance Bond Copyright © 2013 National Society of Professlonal Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF STEARNS On the 29th day of June , 2015 , before me, personally appeared dames Janson , to me known, who being by me duly sworn, did depose and say that (s)he resides in Sauk Rapids, MN that (s) he is the CEO XXXXXk3=kXof Odesa1I,LLC the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s) ere to by like order. MELISSA ANN ANDERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2017 (Notarial Seal) (Notary Signature) ACKNOWLEDGEMENT OF CORPORATE SURETY STATE Oy MINNESOTA COUNTY OF STEARNS On the 29th day of June , 2015 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Employers Mutual Casualty Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. MELISSA ANN ANDERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2017 1 (Notarial Seal) otary Signature) /EMC INSURANCE P.O. Box 712 • Des Moines, IA 50306 -0712 N0. B15788 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Inan amount not exceeding Ten Million Dollars .......................................................................................................... ............................... .................$10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2016 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 21st dayof JANUARY 2013 Seals `��PSL011NSUggi,� .: 0 MPq C-q ��•G�LOpPORy?�:C Q'- ���� ?OPPORy�,0 i09 `�Q ``�FPORgj�O Yf�- E5 SEAL ;Dom; :? 1863 o; i 1953 IOWA IOWA O`NSURANCS'C.' C''�,i w : SEAL o SEAL _ SEAL o �IOWP`i 0 TH'OAK , 4101NE5. MuTUq� \off 1JTUq Z d� KATHY LYNN LOVERIDGE _ :° Commission Number 780769 o I�� n My Commission Ex�es F�Ap O1N October 10, 2016 ES. Bruce G. Kelley, hairman of Companies 2, 3, 4, 5 & 6; President of Company 1; Vice Chairman and CEO of Company 7 Michael Freel Assistant Vice President On this 21 st day of JANUARY AD 2013 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. Nota Public i and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies and this Power ofAttorney issued pursuant thereto on JANUARY 21, 2013 on behalf of: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of n (/ /� each Company this 29th day of Junes 2015 �7i� O` V Vice President r t'aRS i; m :care Ct ,C:c >,r,. > > =yrs CONTRACTOR (name and address): Odesa II, LLC 9003 Mayhew Lake Rd NE Sauk Rapids, MN 56379 OWNER (name and address): CONSTRUCTION CONTRACT PAYMENT BOND SURETY (name and address of principal place of business): Employers Mutual Casualty Company 717 Mulberry Des Moines, IA 50309 City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 Effective Date of the Agreement: June 22, 2015 Amount: Two Hundred Forty -Eight Thousand, Nine Hundred Thirty Dollars and Zero Cents ($248,930.00) Description (name and location): BOND Bond Number: S439792 Huset Park Splash Pad City Project No. 2015 -12 Columbia Heights, Minnesota Date (not eorlier than the Effective Dote of the Agreement of the Construction Contract): June 29, 2015 Amount:Two Hundred Forty -Eight Thousand, Nine Hundred Thirty Dollars and Zero Cents ($248,930.00) Modifications to this Bond Form: ❑X None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Odesa II LLC (seal) Contract r s Name and Corporate Seal By: Signature James Janson Print Name CEO Title Attest: - �� �e� r Signatiira Title SURETY Employers Mutual Casualty Company (seal) Surety's Name and Corporate Seal By: 01utal r1- ",� ) Signature (attach power of attorney) Anita M. Flcker Print Name Title Agent Notes: (1) Provide supplemental execution by any additional parties, such osloint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDCe C -615, Payment Bond Lopyrignt V 2013 National Smiety of Professional Engineers, American Council of Engineering Companlec, and American Society of Civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which Is incorporated herein by reference, subject to the following terms. 6. If a notice of non - payment required by Paragraph 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non- payment under Paragraph 5.1.1. 7. when a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pa for Pay or arrange g payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the Pnfity waking naympnt for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obllgatlons to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work, performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13), 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDCe C -615, Payment Bond Copyright rd 7013 National Society of Profescional 6nginearc, American council of Engineering companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 12, No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim, Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of tho contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable, property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears, light, heat, oil, gasoline, telephone service, nr Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identlfled on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond, changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 1G. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: 1. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; 5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor, 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor 18. Modifications to this Bond are as follows: EJCDC`' C -615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 This Page Left Blank Intentionally CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF STEARNS On the 29th day of June , 2015 , before me, personally appeared James Janson , to me known, who being by me duly sworn, did depose and say that (s)he resides in Sauk Rapids, MN that (s)he is the CEO tk1=t(Xof OdesaII,LLC the corporation described in and which executed the foregoing instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that (s)he signed his her na e thereto by like order. Wk MELISSA ANN ANDERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2017 (Notaria ea" (Notary Signature) ACKNOWLEDGEMENT OF CORPORATE SURETY STA'1'E 0!'' MINNESOTA COUNTY OF STEARNS On the 29th day of June , 2015 , before me, appeared Anita M. Ficker , to me personally known, who being by me duly sworn, did say that (s)he is the aforesaid officer or attorney in fact of the Employers Mutual Casualty Company , a corporation;that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its Board of Directors; and the afoesaid officer acknowledged said instrument to be the free act and deed of said corporation. MELISSA ANN ANDERSON NOTARY PUBLIC - MINNESOTA ' My Commission Expires Jan. 31, 2017 vorprIPPOPIP v , Al' (Notarial Seal) otary Signature /EMC INSURANCE P.O. Box 712 • Des Moines, IA 50306 -0712 No. 615792 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies ", each does, by these presents, make, constitute and appoint: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: Inan amount not exceeding Ten Million Dollars .......................................................................................................... ............................... .................$10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2016 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power -of- Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of- attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of- attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 21st dayof JANUARY 2013 Seals Q,INS�Rq "'' :'�E pO,""Pga "'' �'�� ;,`, Cq" Bruce G. Kelley, hairman Michael Freel �4`P`�OpPO84 ,� OpP0R9,o i0 '- `coPP °R9,ms;': of Companies 2 3, 4 5 & 6; President Assistant Vice President of Company 1; Vice Chairman and , z . SEAL �V z 1863 1953 = � ; CEO of Company a, IOWA :. :�= c� 7 MUTUq , \off UTUA KATHY LYNN LOVERIDGE Commission Number 780769 o� My Commission Expim aACP O1 October 10, 2016 ES,10� On this 21st day of JANUARY AD 2013 before me a Notary Public in and forthe State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. n/ Nota Public i and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JANUARY 21, 2013 on behalf of: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of June , 2015 . Vice President ,N5URAN'FC. .fig ; �' qS yC�; uOPPORy�' ', 4� pPOR�' ° -: �y�. POR.y G =w= SEAL =<= o SEAL SEAL; o W ' IOWA` *` - 20RrH'DAKOgP• 'O�S't'�OINES. \DAP`• MUTUq , \off UTUA KATHY LYNN LOVERIDGE Commission Number 780769 o� My Commission Expim aACP O1 October 10, 2016 ES,10� On this 21st day of JANUARY AD 2013 before me a Notary Public in and forthe State of Iowa, personally appeared Bruce G. Kelley and Michael Freel, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and /or Assistant Vice President/Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2016. n/ Nota Public i and for the State of Iowa CERTIFICATE I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on JANUARY 21, 2013 on behalf of: MARK A. GRESSER, ANITA M. FICKER, STACEY GOHL, CHRISTINA GRESSER are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29th day of June , 2015 . Vice President This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by J ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by ACEC A.i VPAC.A.N ( „0('V i(. Q @' �'. %v<:Cv �.I Fi C'V i. .(s�, [i'�`,1 _s A$'CE National Society of Professional Eng neerse Endorsed by NUf-%- A EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC' C -520, Stipulated Sum, or C -525, Cost -Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC° C -800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C -001, 2013 Edition). Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 -2794 (703) 684 -2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347 -7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 (800) 548 -2723 www.asce.org The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology .......................................................... ............................... 1 1.01 Defined Terms ......................................................................................... ............................... 1 1.02 Terminology ............................................................................................ ............................... 5 Article 2 — Preliminary Matters ........................................................................ ............................... 6 2.01 Delivery of Bonds and Evidence of Insurance ......................................... ............................... 6 2.02 Copies of Documents .............................................................................. ............................... 6 2.03 Before Starting Construction .................................................................. ............................... 6 2.04 Preconstruction Conference; Designation of Authorized Representatives ...........................7 2.05 Initial Acceptance of Schedules .............................................................. ............................... 7 2.06 Electronic Transmittals ............................................................................ ............................... 7 Article 3 — Documents: Intent, Requirements, Reuse ..................................... ............................... 8 3.01 Intent ....................................................................................................... ............................... 8 3.02 Reference Standards ................................................................................ ..............................8 3.03 Reporting and Resolving Discrepancies .................................................. ............................... 8 3.04 Requirements of the Contract Documents ............................................. ............................... 9 3.05 Reuse of Documents .......................... ... ............ . ................................................. I ... I............ 10 Article 4 — Commencement and Progress of the Work ................................. ............................... 10 4.01 Commencement of Contract Times; Notice to Proceed ....................... ............................... 10 4.02 Starting the Work .................................................................................. ............................... 10 4.03 Reference Points ................................................................................... ............................... 10 4.04 Progress Schedule ................................................................................. ............................... 10 4.05 Delays in Contractor's Progress ............................................................ ............................... 11 Article 5 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions...................................................................................................... ............................... 12 5.01 Availability of Lands .............................................................................. ............................... 12 5.02 Use of Site and Other Areas .................................................................. ............................... 12 5.03 Subsurface and Physical Conditions ...................................................... ............................... 13 5.04 Differing Subsurface or Physical Conditions ......................................... ............................... 14 5.05 Underground Facilities .......................................................................... ............................... 15 EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i 5.06 Hazardous Environmental Conditions at Site ........................................ ............................... 17 19 Article 6 — Bonds and Insurance .................................................................... ............................... 6.01 Performance, Payment, and Other Bonds ............................................ ............................... 19 6.02 Insurance — General Provisions ............................................................. ............................... 19 20 6.03 Contractor's Insurance ..................................................................... ............................... ..... 23 6.04 Owner's Liability Insurance ................................................................... ............................... 23 6.05 Property Insurance ................................................................................ ............................... 25 6.06 Waiver of Rights ....... ............................... .............................................. ............................... 6.07 Receipt and Application of Property Insurance Proceeds .................... ............................... 25 Article 7 — Contractor's Responsibilities ........................................................ ............................... 26 7.01 Supervision and Superintendence ........................................................ ............................... 26 26 7.02 Labor; Working Hours ........................................................................... ............................... 7.03 Services, Materials, and Equipment ...................................................... ............................... 26 27 7.04 "Or Equals" ........................ ............................... ..................................... ............................... 7.05 ......................................................... ............................... Substitutes ...... .............................28 7.06 Concerning Subcontractors, Suppliers, and Others .............................. ............................... 29 7.07 Patent Fees and Royalties ....................................................................... .............................31 31 7.08 Permits .................................................................................................. ............................... ....32 7.09 Taxes 32 7.10 Laws and Regulations ............................................................................ ............................... 7.11 Record Documents .................................................................................. .............................32 32 7.12 Safety and Protection ............................................................................ ............................... ... 33 7.13 Safety Representative ........................................................................ ............................... 7.14 Hazard Communication Programs ........................................................ ............................... 33 7.15 Emergencies ........................34 7.16 Shop Drawings, Samples, and Other Submittals ................................... ............................... 34 7.17 Contractor's General Warranty and Guarantee .................................... ............................... 36 7.18 Indemnification ................37 7.19 Delegation of Professional Design Services .......................................... ............................... 37 38 Article 8 — Other Work at the Site ................................................................. ............................... 38 8.01 ................................................... ............................... Other Work ......... ............................... 8.02 ..................................................... ............................... Coordination ....... .............................39 8.03 Legal Relationships .................................................................................. .............................39 EJCDC° C -700 (Rev. 1), standard General Conditions of the Construction Contract. Copyright © 2013 National society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page ii Article 9 — Owner's Responsibilities ............................................................... ............................... 40 9.01 Communications to Contractor ............................................................. ............................... 40 9.02 Replacement of Engineer ........................................................................ .............................40 9.03 Furnish Data .......................................................................................... ............................... 40 9.04 Pay When Due ......................................................................................... .............................40 9.05 Lands and Easements; Reports, Tests, and Drawings ............................. .............................40 9.06 Insurance ............................................................................................... ............................... 40 9.07 Change Orders ....................................................................................... ............................... 40 9.08 Inspections, Tests, and Approvals ........................................................... .............................41 9.09 Limitations on Owner's Responsibilities ............................................... ............................... 41 9.10 Undisclosed Hazardous Environmental Condition .................................. .............................41 9.11 Evidence of Financial Arrangements ....................................................... .............................41 9.12 Safety Programs .................................................................................... ............................... 41 Article 10 — Engineer's Status During Construction ....................................... ............................... 41 10.01 Owner's Representative .......................................................................... .............................41 10.02 Visits to Site ............................................................................................. .............................41 10.03 Project Representative ............................................................................ .............................42 10.04 Rejecting Defective Work ........................................................................ .............................42 10.05 Shop Drawings, Change Orders and Payments ....................................... .............................42 10.06 Determinations for Unit Price Work ..................................................... ............................... 42 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work ................42 10.08 Limitations on Engineer's Authority and Responsibilities ....................... .............................42 10.09 Compliance with Safety Program ............................................................ .............................43 Article 11— Amending the Contract Documents; Changes in the Work ....... ............................... 43 11.01 Amending and Supplementing Contract Documents ............................. .............................43 11.02 Owner - Authorized Changes in the Work ................................................ .............................44 11.03 Unauthorized Changes in the Work ........................................................ .............................44 11.04 Change of Contract Price ........................................................................ .............................44 11.05 Change of Contract Times ....................................................................... .............................45 11.06 Change Proposals .................................................................................... .............................45 11.07 Execution of Change Orders .................................................................... .............................46 11.08 Notification to Surety ............................................................................ ............................... 47 Article12 — Claims .......................................................................................... ............................... 47 E1CDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iii 12.01 Claims 47 Article 13 — Cost of the Work; Allowances; Unit Price Work... ..................................................... 48 13.01 Cost of the Work.. ....................................................................................... ........................ 48 13.02 Allowances ............................................................................................ ............................... 50 13.03 Unit Price Work ...................... ............................... ................................ ............................... 51 Article 14 — Tests and Inspections, Correction, Removal or Acceptance of Defective Work....... 52 14.01 Access to Work... .................................................................................................................. 52 14.02 Tests, Inspections, and Approvals ......................................................... ............................... 52 14.03 Defective Work ...................................................................................... ............................... 53 14.04 Acceptance of Defective Work .............................................................. ............................... 53 14.05 Work.. Uncovering Work .. 53 Owner May Stop the Work ................................................................... ............................... 54 14.07 Owner May Correct Defective Work ..................................................... ............................... 54 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period .......................... 55 15.01 Progress Payments ................................................................................ ............................... 55 15.02 Contractor's Warranty of Title .............................................................. ............................... 58 15.03 Substantial Completion ........................................................................... .............................58 15.04 Partial Use or Occupancy ...................................................................... ............................... 59 15.05 Final Inspection ..................................................................................... ............................... 59 15.06 Final Payment .......................................................................................... .............................59 15.07 Waiver of Claims ................................................................................... ............................... 61 15.08 Correction Period .................................................................................... .............................61 Article 16— Suspension of Work and Termination ........................................ ............................... 62 16.01 Owner May Suspend Work ........................................ ............................... 62 16.02 Owner May Terminate for Cause .......................................................... ............................... 62 16.03 Owner May Terminate For Convenience .............................................. ............................... 63 16.04 Contractor May Stop Work or Terminate ............................................. ............................... 63 Article 17 — Final Resolution of Disputes ....................................................... ............................... 64 17.01 Methods and Procedures ...................................................................... ............................... 64 Article 18 — Miscellaneous .......................................................... ............................... ................... 64 64 18.01 Giving Notice ......................................................................................... ............................... 18.02 Computation of Times ........................................................................... ............................... 64 18.03 Cumulative Remedies ........................................................................... ............................... 64 EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page iv 18.04 Limitation of Damages .... ............................... 18.05 No Waiver ....................... ............................... 18.06 Survival of Obligations .... ............................... 18.07 Controlling Law ............... ............................... 18.08 Headings .......................... ............................... .................................... ............................... 65 .................................... ............................... 65 .................................... ............................... 65 .................................... ............................... 65 ................................... ............................... 65 EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page v ARTICLE 1– DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid —The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 5. Bidder —An individual or entity that submits a Bid to Owner. 6. Bidding Documents —The Bidding Requirements, the proposed Contract Documents, and all Addenda. 7. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. Change Order —A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract. 9. Change Proposal —A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set -off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim —(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 65 has declined to address. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern — Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § §9601 et seq. ( "CERCLA "); (b) the Hazardous Materials Transportation Act, 49 U.S.C. § §5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. § §6901 et seq. ( "RCRA "); (d) the Toxic Substances Control Act, 15 U.S.C. § §2601 et seq.; (e) the Clean Water Act, 33 U.S.C. § §1251 et seq.; (f) the Clean Air Act, 42 U.S.C. § §7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 12. Contract —The entire and integrated written contract between the Owner and Contractor concerning the Work. 13. Contract Documents —Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price —The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. . 15. Contract Times —The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work. 16. Contractor —The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work —See Paragraph 13.01 for definition. 18. Drawings —The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract —The date, indicated in the Agreement, on which the Contract becomes effective. 20. Engineer —The individual or entity named as such in the Agreement. 21. Field Order —A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times. 22. Hazardous Environmental Condition —The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition. 23. Laws and Regulations; Laws or Regulations —Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. E1CDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 65 24. Liens — Charges, security interests, or encumbrances upon Contract - related funds, real property, or personal property. 25. Milestone —A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work. 26. Notice of Award —The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 27. Notice to Proceed —A written notice by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work. 28. Owner —The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract. 29. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 30. Project —The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start -up, and of which the Work to be performed under the Contract Documents is a part. 31. Project Manual —The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes. 32. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative. 33. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 34. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities. 35. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 36. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 65 37. Site —Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements, and such other lands furnished by Owner which are designated for the use of Contractor. 38. Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 39. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work. 40. Substantial Completion —The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 41. Successful Bidder —The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions. 42. Supplementary Conditions —The part of the Contract that amends or supplements these General Conditions. 43. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 44. Technical Data —Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06. 45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 46. Unit Price Work —Work to be paid for on the basis of unit prices. 47. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start -up, and commissioning, all as required by the Contract Documents. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 65 48. Work Change Directive —A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work. 1.02 Terminology A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or C. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. EJC )CO C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 65 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well - known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6. C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6. 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction. B. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract; 2. a preliminary Schedule of Submittals; and EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 65 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.05 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project - related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website. B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols. C. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 65 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or 2. is of such a nature as.to require a change in the Drawings or Specifications; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. D. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and, EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 14 of 65 C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract, or otherwise; or b. the existence of such, condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or c. Contractor failed to give the written notice as required by Paragraph 5.04.A. 3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 4. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question. 5.05 Underground Facilities A. Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data regarding existing Underground Facilities at the Site; b. locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site; C. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 15 of 65 becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part. E. Possible Price and Times Adjustments: 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question; b. With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; C. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and d. Contractor gave the notice required in Paragraph 5.05.6. 2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order. 3. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 16 of 65 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in such reports and drawings. B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings, but such reports and drawings are not Contract Documents. If no such express identification has been made, then Contractor may rely on the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or environmental report prepared for the Project and made available to Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work. D. Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern. E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set -off against payments to account for the associated costs. EJCDC° C -700 (Rev. 1), standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 17 of 65 F. Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely. G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set -off. H. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition (1) was not shown or indicated in the Drawings, Specifications, or other Contract Documents, identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.6, or identified in the Contract Documents to be included within the scope of the Work, and (2) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 18 of 65 ARTICLE 6 – BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract. B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed the accompanying bond. C. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16. F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work. 6.02 Insurance — General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions. B. All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A -VII or better. C. Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 65 maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. D. Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self- insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision. E. Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. F. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set -off against payment, and exercise Owner's termination rights under Article 16. H. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly. I. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. J. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract. 6.03 Contractor's Insurance A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts. 2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 3. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop -gap endorsement in monopolist worker's compensation states). EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 20 of 65 4. Foreign voluntary worker compensation (if applicable). B. Commercial General Liability— Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against: 1. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees. 2. claims for damages insured by reasonably available personal injury liability coverage. 3. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. C. Commercial General Liability —Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage: a. Such insurance shall be maintained for three years after final payment. b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter. 2. Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground, explosion, and collapse coverage. 6. Personal injury coverage. 7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent. 8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured — Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry- standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies. F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third -party injury and property damage claims, including clean -up costs, as a result EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 65 of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion. G. Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non - contributory basis. Contractor shall obtain all necessary endorsements to support these requirements. H. Contractor's professional liability insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of professional design or related services, and caused by a negligent error, omission, or act for which the insured party is legally liable. It shall be maintained throughout the duration of the Contract and for a minimum of two years after Substantial Completion. If such professional design services are performed by a Subcontractor, and not by Contractor itself, then the requirements of this paragraph may be satisfied through the purchasing and maintenance of such insurance by such Subcontractor. General provisions: The policies of insurance required by this Paragraph 6.03 shall: 1. include at least the specific coverages provided in this Article. 2. be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater. 3. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy. 4. remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents. 5. be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 22 of 65 6.04 Owner's Liability Insurance A. in addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. B. Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties. 6.05 Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the Owner and Contractor as named insureds, and all Subcontractors, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds." 2. be written on a builder's risk "all risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner- furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures. 4. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects). EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 65 5. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). 6. extend to cover damage or loss to insured property while in transit. 7. allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance. 8. allow for the waiver of the insurer's subrogation rights, as set forth below. 9. provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 10. not include a co- insurance clause. 11. include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions. 12. include performance /hot testing and start -up. 13. be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each otherinsured. C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance. E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.05, it may do so at Contractor's expense. F. Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 65 6.06 Waiver of Rights A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's risk policy, shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any insureds thereunder, or against Engineer or its consultants, or their officers, directors, members, partners, employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights against each other and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Engineer, its consultants, all Subcontractors, all individuals or entities identified in the Supplementary Conditions as insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them, for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 6.06.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, or the officers, directors, members, partners, employees, agents, consultants, or subcontractors of each and any of them. D. Contractor shall be responsible for assuring that the agreement under which a Subcontractor performs a portion of the Work contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk insurance and any other property insurance applicable to the Work. 6.07 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the E1CDC8 C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 25 of 65 policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 26 of 65 guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 7.04 "Or Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal" item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to Owner. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or- equal" request. Engineer may require Contractor to furnish additional data about the proposed "or- equal" item. Engineer will be the sole judge of acceptability. No "or- equal" item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or- equal ", which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 27 of 65 D. Effect of Engineer's Determination: Neither approval nor denial of an "or- equal" request shall result in any change in Contract Price. The Engineer's denial of an "or- equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. E. Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05. 7.05 Substitutes A. Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site. 1. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.6, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: a. shall certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design, 2) be similar in substance to that specified, and 3) be suited to the same use as that specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times, 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from that specified, and EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 28 of 65 2) available engineering, sales, maintenance, repair, and replacement services. d. shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change. B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination. C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal. 7.06 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner. B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so. C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection. D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 29 of 65 E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work. K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein. L. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 30 of 65 O. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. 7.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 7.08 Permits A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). Owner shall pay all charges of utility owners for connections for providing permanent service to the Work EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 31 of 65 7.09 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 7.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall not be Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03, C. Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value- added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim. 7.11 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer. 7.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 32 of 65 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.6 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). G. Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.13 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or EJCDC© C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 33 of 65 exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.15 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 7.16 Shop Drawings, Samples, and Other Submittals A. Shop Drawing and Sample Submittal Requirements: I. Before submitting a Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; C. determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation. B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to E1CDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 34 of 65 provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D. 2. Samples: a. Contractor shall submit the number of Samples required in the Specifications. b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D. 3. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order. 5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document. EJCDC° C -700 (Rev. I), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 35 of 65 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4. E. Resubmittol Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 2. Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set- off against payments due to Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set -off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal; 6. the issuance of a notice of acceptability by Engineer; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by Owner. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 36 of 65 D. If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 7.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations. B. If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 37 of 65 Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and, design criteria that such services must satisfy. D. Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16. D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third -party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected. D. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. EJCDC' C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 38 of 65 8.02 Coordination A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. an itemization of the specific matters to be covered by such authority and responsibility; and 3. the extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set -off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph. C. When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set -off against payments due to Contractor. EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 39 of 65 D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. ARTICLE 9 — OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents, 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports, Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 40 of 65 9.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.8. 9.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work). 9.12 Safety Programs A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10 — ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract. 10.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 41 of 65 or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Project Representative A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 10.04 Rejecting Defective Work A. Engineer has the authority to reject Work in accordance with Article 14. 10.05 Shop Drawings, Change Orders and Payments A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16. B. Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19. C. Engineer's authority as to Change Orders is set forth in Article 11. D. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.06 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. 10.07 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith. 10.08 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 42 of 65 B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any. 10.09 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any) of which Engineer has been informed. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing Contract Documents A. The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order. 1. Change Orders: a. If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times. b. Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order. 2. Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an EJCDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 43 of 65 adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive. 3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.02 Owner- Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05. 11.04 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 44 of 65 the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a, for costs incurred under Paragraphs 13.01.13.1 and 13.01.13.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 13.01.13.3, the Contractor's fee shall be five percent; C. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work; d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.13.4, 13.01.8.5, and 13.01.C; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive. 11.05 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12. B. An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress. 11.06 Change Proposals A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set -off against payment due; or seek other relief under E1CDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 45 of 65 the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. 1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. 2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12. 3. Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. 11.07 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. changes in Contract Price resulting from an Owner set -off, unless Contractor has duly contested such set -off; 3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 4. changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 46 of 65 B. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed. 11.08 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 12 — CLAIMS 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and 3. Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters. B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer. D. Mediation: 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process. 2. If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 47 of 65 submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one -half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes. F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes. G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price. ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost - plus -fee, time - and - materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable EJCDC' C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 48 of 65 thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. C. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 49 of 65 other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.13.1 or specifically covered by Paragraph 13.01.13.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.13. D. Contractor's Fee: When the Work as a whole is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set -off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C. E. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 13.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 50 of 65 B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 13.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph. E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 51 of 65 ARTICLE 14— TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 14.02 Tests, Inspections, and Approvals A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 52 of 65 cover the same and Engineer had not acted with reasonable promptness in response to such notice. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set -off against payments due under Article 15. 14.04 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set -off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner. 14.05 Uncovering Work A. Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 53 of 65 B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense. C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set -off against payments due under Article 15. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective. 14.06 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously, In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph. C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set- offs against payments due under Article 15. Such claims, costs, losses and damages will EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 54 of 65 include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost -based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens, and evidence that the materials and equipment are covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications: 1. Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that. to the best of Engineer's knowledge, information and belief: EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 55 of 65 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and C. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. S. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2. 6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; C. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 56 of 65 e. Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended (subject to any Owner set -offs) will become due, and when due will be paid by Owner to Contractor. E. Reductions in Payment by Owner: 1. In addition to any reductions in payment (set -offs) recommended by Engineer, Owner is entitled to impose a set -off against payment based on any of the following: a. claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non - compliance with Laws and Regulations, and patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; C. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. the Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04; h. the Contract Price has been reduced by Change Orders; i. an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred; j. liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; I. there are other items entitling Owner to a set off against the amount recommended. 2. If Owner imposes any set -off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 57 of 65 remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 15.03 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 58 of 65 E. After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above. F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list. 15.04 Partial Use or Occupancy A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work. 2. At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance. 15.05 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 59 of 65 inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any, to final payment; C. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment. d. a list of all disputes that Contractor believes are unsettled; and e. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set -offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 60 of 65 including but not limited to set -offs for liquidated damages and set -offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor. 15.07 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such other adjacent areas; 2. correct such defective Work; 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 61 of 65 E. Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and 2. enforce the rights available to Owner under any applicable performance bond. C. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.13 if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. If Owner proceeds as provided in Paragraph 16.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 62 of 65 and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed. F. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability. G. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.6 and 16.02.D. 16.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 16.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03, B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 63 of 65 expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and 2. Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made. B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction. ARTICLE 18 — MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. EJCDC° C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 64 of 65 18.04 Limitation of Damages A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 18.05 No Waiver A. A party's non - enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 18.07 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 18.08 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E1CDC® C -700 (Rev. 1), Standard General Conditions of the Construction Contract. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 65 of 65 SECTION 00 73- 05 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS TITLE ARTICLE NO. Introduction...................................................................................................................... ............................... S.C. O DefinedTerms .............................................................................................................. ............................... S.C. 1.01 PreliminarySchedules .................................................................................................. ...........................S.C. 2.03.A Intent.............................................................................................................................. ............................... S.C. 3.01 ReferenceStandards .................................................................................................. ............................... S.C. 3.02 Availabilityof Lands .................................................................................................... ............................... S.C. 5.01 Subsurfaceand Physical Conditions ........................................................................ ...........................S.C. 5.03.A Contractor's Insurance ............................................................................................... ............................... S.C. 6.03 Supervision and Superintendence ........................................................................... ............................... S.C. 7.01 Permits........................................................................................................................... ............................... S.C. 7.08 SafetyRepresentative ................................................................................................ ............................... S.C. 7.13 ChangeProposals ..................................................................................................... ............................... S.C. 11.06 Claims.................................................................................................................................... ...........................S.C. 12 Testand Inspections ................................................................................................. ............................... S.C. 14.02 ProgressPayments .................................................................................................... ............................... S.C. 15.01 FinalPayment ............................................................................................................ ............................... S.C. 15.06 CorrectionPeriod .................................................................................................. ............................... S.C. 15.08.A Non - Discrimination Toward Handicapped Persons ............................................ ............................... S.C. 18.09 SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 1938031 13 00 73 05 - 1 ARTICLE S.C. O SUPPLEMENTARY CONDITIONS INTRODUCTION These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (2013 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended, or supplemented, remain in full force and effect. ARTICLE S.C. 1.01 DEFINED TERMS The terms used in these Supplementary Conditions, which are defined in the Standard General Conditions of the Construction Contract (2013 Edition) have the meanings assigned to them in the General Conditions. The use of the word "OWNER" refers to the City of Columbia Heights. 2. The use of the word "ENGINEER" refers to Stantec. 3. The use of the word "CONTRACTOR" refers to the firm or company contracted to do the work described in these specifications. 4. The use of the word "DEPARTMENT" shall be interpreted to mean the City of Columbia Heights 'Engineering' or Public Works Department. ARTICLE S.C. 2.03.A PRELIMINARY SCHEDULES Paragraph 2.03.A of the General Conditions shall be deleted and the following inserted in its place. "2.03.A Within ten (10) days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), and before starting any work at the site, Contractor shall submit to Owner for timely review:" ARTICLES 2.03.A.1; 2.03.A.2; AND 2.03.A.3 REMAIN AS SHOWN. ARTICLE S.C. 3.01 INTENT Work under these Contract Documents shall be governed by all applicable Federal, State and Local laws, regulations, codes and ordinance and the Contract Documents. In the event of a conflict of meaning between any of the terms of the Contract Documents, the provisions of the document listed first below shall prevail over those of a document listed later: Contract Agreement Addenda Supplementary Conditions Project Plans Technical Specifications General Conditions Should the Contract Documents conflict with any of the laws, regulations, codes, and ordinances mentioned in preceding paragraphs of these Supplementary Conditions, the laws and regulations shall take precedence. This shall not, however, be construed to relieve the Contractor from bW'VLt1\ALN1HK1 l..Viwinvrvo © 2015 Stantec 1 1938031 13 007305-2 complying with the requirements of the Contract Documents which are in excess of, but not contrary to, the laws and regulations. ARTICLE S.C. 3.02 REFERENCE STANDARDS The work shall be performed in accordance with the Minnesota Department of Transportation "Standard Specifications for Construction ", 2014 edition, "Materials Lab Supplemental Specifications for Construction ", 2014 edition, and any supplements or amendments thereto issued prior to the date of these Contract Documents, except as modified or supplemented by the "Standard Specifications for Trench Excavation and Backfill /Surface Restoration, Watermain and Service Line Installation, and Sanitary Sewer and Storm Sewer Installation ", 2013 Edition as published by the City Engineers Association of Minnesota and as modified or supplemented in these General Conditions, Supplementary Conditions or other Contract Documents. Coordination of plans and specifications shall be in accordance with the provisions of MnDOT Specification 1504, as modified by the following definitions: 3.02.1 Standard Specifications: Refer in precedent order to the "Standard Specifications ", 2013 Edition as published by the City Engineers Association of Minnesota, the MnDOT Standard Specifications, 2014 edition, and the other specifications of ASTM, ANSI, AWWA, etc., as referenced and as published on the date of the bid advertisement. 3.02.2 Supplemental Specifications: Refer in precedent order to the Supplementary General Conditions and the General Conditions as contained in these Contract Documents. ARTICLE S.C. 5.01 AVAILABILITY OF LANDS Amend Paragraph 5.01.A of the General Conditions by adding the following after the second sentence: "If Contractor believes that there has been delay in Owner's furnishing of lands, rights -of -way, easements, or permits, Contractor's sole remedy shall be an extension of contract time, for which the Contractor may make a claim therefore as provided in Article 11.05" And as so amended Paragraph 5.0I .A remains in effect. ARTICLE S.C. 5.03.A REPORTS AND DRAWINGS Amend Paragraph 5.03.A of the General Conditions by adding the following sentence: "4. Reports and drawings described above are listed in the Table of Contents and provided in the Project Manual unless otherwise noted." And as so amended Paragraph 5.03.A remains in effect. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 1938031 13 007305-3 ARTICLE S.C. 6.03 CONTRACTOR'S INSURANCE The limits of liability for the insurance required by Paragraph 6.03 of the General Conditions shall provide coverage for not less than the following amounts, or greater, when required by laws and regulations. 6.03.A. Workers' Compensation: STATUTORY STATE: APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 6.03.B. and 6.03.C. Commercial General Liability: 1. Bodily Injury (including completed operations and products liability): $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and Underground Coverage's where applicable. Personal Iniury, with employment exclusion deleted: $2,000,000 Annual Aggregate 6.03.D. Automobile liability: 6 03 D Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence or combined single limit of: $1,000,000 6.03.G. Additional insureds: The City of Columbia Heights and Stantec shall be named as an additional insured. 6.03.1. General provisions: The Contractual Liability required by Paragraph coverage for not less than the following amounts: Bodily Injury: $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 6.03.1.2. of the General Conditions shall provide �)urrLrf\ALN1/-\KT viwuwi�o © 2015 Stantec 1 1938031 13 007305-4 ARTICLE S.C. 7.01 SUPERVISION AND SUPERINTENDENCE The Contractor shall provide adequate supervision (superintendent) of the work as the job progresses. The superintendent shall report daily to the Owner on the progress of the work and the number of men on the job. The superintendent shall maintain complete records of the work as it progresses and shall submit these records with each request for payment. The Contractor shall provide an adequate staff for properly coordinating and expediting the work, including office staff to handle by telephone any questions which may arise in the conductance of the work. ARTICLE S.C. 7.08 PERMITS The Owner will obtain permits that are necessary for this work from the following outside agencies: -- * Minnesota Department of Health All work under this contract shall take place on City -owned property. Before work is started, the Contractor shall obtain necessary locations of all underground utilities by contacting GOPHER STATE ONE CALL at 651- 454 -0002. ARTICLE S.C. 7.13 SAFETY REPRESENTATIVE Amend Paragraph 7.13.A. of the General Conditions by inserting the following after the first sentence: "In addition, Contractor shall provide a "competent person" as defined by O.S.H.A. on site when trench work is being performed." And as so amended Paragraph 7.13.A. remains in effect. ARTICLE S.C. 11.06 CHANGE PROPOSALS; PROCEDURES Amend the first sentence of Paragraph 1 1.06.A.1. of the General Conditions to read as follows: "Contractor shall submit each Change Proposal to Owner promptly (but in no event later than ten days) after the start of the event giving rise thereto, or after such initial decision. And as so amended Paragraph 11.06.A.1. remains in effect. ARTICLE S.C. 12 CLAIMS; SUBMITTAL OF CLAIM Amend the first sentence of Paragraph 12.01.13. of the General Conditions to read as follows: "The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than ten days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. SUPPLEMENTARY CONDITIONS 0 2015 Stantec 1 1938031 13 007305-5 And as so amended Paragraph 12.01.13. remains in effect. Except as specifically authorized in writing by the Owner at the time additional work is done beyond the original scope of the Contract Documents, the Contractor shall have and make no claims for additional compensation. The Contractor's plea of ignorance of foreseeable conditions which will create difficulties or hindrances in the execution of the work will not be acceptable to the Owner as an excuse for any failure of the Contractor to fulfill the requirements of the Contract Documents, and shall not be a basis for the Contractor's claim for additional compensation. Any discrepancies in or conflicts between the items described in these Contract Documents must be submitted, in writing, to the Owner for adjustment prior to proceeding with the work, as any claims for additional compensation to achieve compliance with the requirements of those items will not be allowed or considered. ARTICLE S.C. 14.02 TEST AND INSPECTIONS ARTICLE G.C. 14.02.13 shall be amended by deleting this section in its entirety and substituting instead the following language: The project site sampling and testing of materials, called for hereinafter, shall be conducted by an independent testing laboratory approved by the Owner, except as otherwise specified. All "Contractor" testing required by the SALT Schedule of Materials Control shall be paid for by the Contractor at all specified locations. All "Agency" and "Contracting Authority's Representative" testing shall be ordered and paid for by the Owner. The Contractor shall provide whatever services are needed to sample materials and perform these tests at all specified locations. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. The Contractor shall inform the Owner when the construction item is ready to be tested. The Owner may elect to delay the testing a reasonable amount of time to incorporate a larger area or quantity. All initial "Agency" tests at the specified locations shall be ordered by the Owner and paid for by the Owner. Signed copies of all test reports shall be sent at once to the Owner, Engineer and the Contractor. These copies shall be received by the Owner and Engineer prior to authorizing the placement of any materials. The Owner is not responsible for delays caused by the testing laboratory. Should the specified tests fail to meet the requirements of the specifications, the Contractor shall take such additional tests at his expense as may be required to satisfy the Owner that the materials conform to the specifications. The Contractor shall provide the Owner and Engineer with a letter from an approved testing laboratory indicating that all materials meet the requirements of the specifications and all tests as required have been completed according to specifications. Rejected materials shall immediately be removed from the site and shall not be used in the work. Signed copies of all reports on tests shall be sent at once to the Owner, Engineer and the Contractor. These copies shall be received by the Owner and Engineer prior to the placing SUFFLtMtNIAKT I— UNUnwrvJ © 2015 Stantec 1 1938031 13 007305-6 of any of the tested items. Rejected materials shall immediately be removed from the site and shall not be used in the work. Inspections and testing shall in no way relieve the Contractor or Supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. Density test will be by "Specified Density" method. ARTICLE S.C. 15.01 PROGRESS PAYMENTS The Contractor must pay any subcontractor for undisputed services provided by the subcontractor within ten (10) days of the Contractor's receipt of payment from the owner. The Contractor must pay interest of l'/2 percent per month or any part of a month to the subcontractor or any undisputed amount not paid on time to the subcontractor. 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. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. ARTICLE S.C. 15.06 FINAL PAYMENT Before final payment is made for the work on this project, the Contractor must make a satisfactory showing that he has complied with the provisions of M.S.A. 290.92 requiring the withholding of State income taxes for wages paid to employees on this project. Receipt by the Owner of the Certificates of Compliance from the Commissioner of Taxation (IC -134) will satisfy this requirement. The Contractor is advised that before such certificate can be issued, he must first place on file with the Commissioner of Taxation an affidavit that he has complied with the provisions of M.S.A 290.92. The required affidavit form will be supplied by the Commissioner of Taxation, Centennial Office Building, St. Paul, Minnesota, on request. ARTICLE S.C. 15.08.A CORRECTION PERIOD Amend the first sentence of Paragraph 15.08.A. of the General Conditions to read as follows: "If within two years after the date of substantial completion, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom." And as so amended Paragraph 15.08.A. remains in effect. SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 1938031 13 0073 05- 7 ARTICLE S.C. 18 MISCELLANEOUS ADD: ARTICLE S.C. 18.09 NON - DISCRIMINATION TOWARD HANDICAPPED PERSONS Before final payment is made for work on this project, the Contractor shall submit a letter to the Owner stating that the Contractor's firm maintains a policy of non - discrimination towards persons with handicapped conditions. END OF SECTION SUPPLEMENTARY CONDITIONS © 2015 Stantec 1 193803113 007305-8 SECTION 01 10 00 SUMMARY PART] GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Huset Park Splash Pad for the City of Columbia Heights, Minnesota. City Project No. 2015 -2616. Description of Work: 1. New flow -thru Splash Pad with integral color concrete, ground sprays, above ground water features, footings, piping, electrical, and other related accessories. 2. Miscellaneous other work to provide complete Project as described by the Drawings and Specifications, including but not limited to: selective demolition, concrete sidewalk, earthwork, finish grading, site restoration, landscaping, utilities, site improvements, etc. 1.03 COMPLETION DATES A. Substantial Completion: As set forth in the Agreement. B. Final Completion: As 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. Working Hours: 1. Comply with City ordinances. 2. Requests for expansion of working hours must be approved by the Owner. 3. Contractor shall submit all requests through the engineer. Use of Site: 1. Limits of Construction as directed by the Owner. Primarily work within area of existing Owner installed silt fence. Additional area for staging, access, etc. may be available if Contractor can reach a mutual agreement with the Owner. 2. Contractor is responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways, entrances and adjacent park areas clear and available to the public and to the Owner. 4. Work on Site is allowed from 7 A.M. to 7 P.M., Monday through Saturday. No work allowed on Sundays and holidays. SUMMARY © 2015 Stantec 1 000048-11297-0 01 1000-1 5. Road restrictions may be in effect during portions of this Project. Contractor shall follow all applicable City and County rules and regulations. 6. All items damaged by construction activity shall be repaired and replaced by the Contractor to the Owner's satisfaction at no additional cost to the Owner. 7. Provide protective measures to limit dust, prevent carryover of dirt and mud on roads, etc. C. Contractor shall take all necessary actions to maintain safe conditions for the adjacent park and other areas at all times and free of nuisances. 1.06 OTHER WORK ONSITE A. Coordinate with City for work done outside of the contract including but not limited to the following: 1. Storm water and domestic water utilities stub -in to splash pad area. (Expected to be completed prior to project award). 2. Installation of new asphalt park trails however Contractor shall grade these areas. 3. Rerouting of buried Xcel Energy service line that runs thru the project service area. Note that the scheduling of this work has not yet been established. 4. Building for Splash Pad Manifold and Controls. 5. Expansion of the landscape planting plant immediate adjacent to the north side of the existing park shelter, located south of the proposed splash pad. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2015 Stantec 1 000048-11297-0 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for Alternates, pricing of work, and request for payment procedures. 1.02 MEASUREMENT AND PAYMENT A. Payment for the Alternates will be with the prices as listed on the Bid Form. Ongoing payment will be made as per the Agreement. B. All other work and costs of this Section shall be incidental to the Project and included in the Lump Sum Base Bids. 1.03 LUMP SUM SPLASH PAD BID A. Unless specifically noted otherwise, all work shall be included in the Lump Sum Splash Pad Bid. B. Progress payments will be made as Work progresses based on the Schedule of Values established for this portion of the Work. 1.04 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 be accepted 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 - Add Shade Structures - Add to the Total Base Bid: 1. In general the Work of this Alternate No. 1 consists of furnishing and installing 2 shade structures, shade structure footings, ornamental fencing and concrete pads on the perimeter of the splash pad as indicated in the project documents. 2. If the Alternate is not accepted, the Contractor shall still install shade footings, ornamental fencing and concrete pads at proposed shade structure locations. D. Alternate No. 2 - Add Landscape Plantings - Add to the Total Base Bid: 1. In general the Work of this Alternate No. 1 consists of furnishing and installing landscape plantings and accessories as identified in the project documents. 2. If the Alternate is not accepted, the Contractor shall restore the designated landscape planting areas with turf establishment. E. Alternate No. 3 - Add Seat Wall Benches - Add to the Total Base Bid: 1. In general the Work of this Alternate No. 1 consists of furnishing and installing seat wall benches adjacent to the splash pad as identified in the project documents. PRICE AND PAYMENT PROCEDURES 0 2015 Stantec 1 1938031 13 01 20 00 - 1 F. Alternate No. 4 - Change Project Complete Dates - Add /Deduct to the Total Base Bid: 1. In general the Work of this Alternate No. 4 consists of changing the Substantial and Final Completion Dates from that indicated in the front end documents to August 21, 2015 and September 18, 2015 respectively. 1.05 PAYMENT PROCEDURES A. Contractor shall provide initial Application for Payment Form at the Preconstruction Conference for approval. B. Submit one preliminary copy of progress payment application for review, consistent with the General Conditions. Submit four 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 the General Conditions: 1. Updated construction schedule consistent with Section 01 33 00. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND F'AYMtNi rKV�.tuurcr3 © 2015 Stantec 1 193803113 01 2000-2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PROJECT COORDINATION A. 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 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 continue with the Project. 5. Maintain and coordinate access needs of adjacent properties. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates on the Site. A design locate request was made for the project, GSOC Locate Ticket No, 150640696. B. Project Utility Sources: Coordinate Work with all public and private utilities. C. Pot - holing may be required to identify exact location of existing utilities. Pot - holing is considered a part of the process of working around existing utilities and will not be directly compensated for. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. The Splash Pad Construction Permit from the State Minnesota Department of Health (MDH) will be obtained by the Owner with fees to be paid by the Owner. B. Apply for, obtain, and comply with all necessary permits from the City. City will waive fees for City permits. Verify with Building Official on required permits. C. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 193803113 01 31 00 - 1 1.05 SURVEYING A. Refer to Section 01 71 23 for surveying and layout of the Work required by the Contractor. 1.06 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. A preconstruction meeting will be scheduled prior to start of on -site demolition or construction work. C. Progress Meeting Procedures: 1. Owner /Engineer may 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. Connections to City utilities shall comply with City requirements shall be kept to as short a time period as possible and shall be coordinated with the City and are subject to City approval. 2. The Owner is performing some project related tasks outside the scope of this Contract. Contractor shall coordinate carefully with Owner scheduling of all work so that both parties can complete work in a mutually convenient way. See Section 01 10 00 for a partial list of Owner related work. B. Contractor is to submit a proposed construction schedule for the Project to be reviewed at the preconstruction meeting. C. Contractor is required to submit an updated schedule following any and all major changes or delays during Project or as directed by the Engineer. D. Following substantial completion of the Project, the Engineer and Owner will independently inspect Contractor's work and prepare a list of corrective work items. Contractor shall notify Engineer when items on the list have been completed. The Engineer will inspect Contractor's work a second time to verify the items on the list have been completed. If there are items still unacceptable to the Owner /Engineer, a second list will be prepared. All costs for Owner's /Engineer's time to prepare the second and, if needed, subsequent lists and to verify that the work has been completed will be the Contractor's responsibility. E. Conform to Section 01 10 00 for completion dates and sequencing. PART 2 PRODUCTS Not Used. PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 1938031 13 01 31 00-2 PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2015 Stantec 1 1938031 13 01 31 00-3 This Page Left Blank Intentionally SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule for the Work prior to the issuance of the Notice to Proceed (or consistent with the General Conditions). B. Prepare schedules on 11 -inch by 17 -inch sheets showing overall sequence of construction. Organize the schedule by Work activity: 1. List Work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of three days or longer. 2. Format schedule as horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions or notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start -up, instruction of Owner, and clean -up. C. As Work progresses, revise, update, and resubmit schedule as requested by Owner /Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 COST BREAKDOWN OF CONTRACT A. Upon completion of the initial construction schedule, the Contractor shall within 10 working days establish a dollar value for each cost - related activity identified in the construction schedule. B. Dollar values shall total Contract Amount and breakdown shall be subject to approval of Owner /Engineer. Upon approval, this breakdown shall be considered the approved itemized breakdown of costs for the Contract. C. Dollar values of cost - related activities shall be updated as the construction schedule is updated as described above to show an accurate dollar value completed during progression of the Work. SUBMITTAL PROCEDURES © 2015 Stantec 1 1938031 13 01 3300-1 3.03 SUBCONTRACTOR AND MAJOR SUPPLIER LIST A. Prepare and submit a complete list of all subcontractors. Include the subcontractors name, address, telephone number, and contact person. B. The subcontractor list shall be submitted prior to award of the Contract, but after the Bid Date. 3.04 SUBMITTAL LIST A. Prepare and submit a complete and comprehensive schedule of all submittals anticipated to be made during the Project. This list is due prior to the first request for payment. B. Include a list of each item for which Contractor's drawings, shop drawings, product data, samples, guarantees, or other types of submittals are required. 3.05 EMERGENCY CONTACT LIST A. Before any Work at the Project Site is started, submit a typed list on 8-1/2 inch by 11 inch paper outlining 24 hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.06 SHOP DRAWINGS AND PRODUCT DATA A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. 7. Contractor may provide submittals electronically via PDF documents but Engineer reserves the right to request paper copies for submittals, especially those that are very large, require printing with sheet sizes greater than 11 "xl 7 ", etc. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. SUBMITTAL PROCEDURES © 2015 Stantec 1 1938031 13 01 3300-2 E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by email (U.S. Postal Service general delivery for paper copies). If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 percent mark -up. 3.07 SAMPLES A. Samples shall be clearly identified as to project, contractor, manufacturer, specification section, product, type, color range, texture, finish and other identifying data. B. Samples shall be accompanied by a letter of transmittal with the Contractor's approval and other supporting information. C. Submit two samples of each item required, unless otherwise specified. The Owner will retain one approved sample and the Engineer will retain one. D. Provide samples for all items requiring color selections by the Owner within 30 days after the award of the Contract. Owner will not select colors until after all samples have been submitted. Selection of a color shall not relieve the Contractor from meeting Contract Requirements in the event the shop drawing for that items has not been submitted prior to the selection of a color. 3.08 OPERATION AND MAINTENANCE MANUALS A. Conform to the requirements of Section 01 78 23. 3.09 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specifications. 3.10 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. SUBMITTAL PROCEDURES © 2015 Stantec 1 1938031 13 01 3300-3 3.11 WARRANTIES A. Conform to the requirements of Section 01 7836. END OF SECTION SUBMITTAL PROCEDURES © 2015 Stantec 1 1938031 13 01 3300-4 SECTION 01 40 00 QUALITY REQUIREMENTS PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. B. The following specifications and standards are incorporated by reference: 1. Minnesota Department of Transportation Specifications 2. American Society for Testing Materials (ASTM). 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified test for approval by Engineer. B. Submit copies of laboratory test results or analysis consistent with Section 01 33 00. C. Manufacturer's certificates of quality control or performance. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 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. 3.02 TESTING LABORATORY SERVICES A. Cooperate with the Owner - approved testing laboratory and all others responsible for testing and inspecting the work. B. The Contractor shall arrange and pay for all specified testing services, unless notes otherwise. See Technical Specification Sections for detailed testing requirements. QUALITY REQUIREMENTS © 2015 Stantec 1 1938031 13 01 4000-1 C. When the initial tests indicate noncompliance with the Contract Documents, all subsequent retesting shall be performed by the same testing agency and the costs for retesting shall be paid by the Contractor. 3.03 TESTING STANDARDS A. Tests shall be provided and accomplished in accordance with the standard used as the reference for the particular material or product, unless other test methods or criterion are specified. In the absence of a reference standard, tests shall be accomplished in accordance with applicable ASTM Standards of Test Methods. 3.04 QUALIFICATION TESTING A. In addition to tests specified, should the Contractor propose a product, material, or method of assembly that is of unknown quality to the Engineer, the Engineer may require and order suitable tests to establish a basis for acceptance or rejection. Such tests will be paid by the Contractor or by the subcontractor requesting approval. "Standard" test reports or reports on "similar" material will not be accepted. B. The Owner and Engineer reserve the right to require certification or other proof that the material, assembly, equipment, or other product proposed to be furnished for this Project is in compliance with any test or standard called for. The certificate shall be signed by a representative of the independent testing laboratory or a responsible official of the firm supplying the product, as acceptable to the Owner and Engineer. The certificate shall be a sworn statement and shall be notarized. C. Any tests required to qualify the Contractor or any of their workmen for any phase of the work and any test of a method, system, or equipment that may be required by Specification or law to qualify the item use, shall be made or taken without cost to the Owner or Engineer. 3.05 INSPECTIONS A. Should Specifications, Engineer's instructions, laws, ordinances, or any public authority require any work to be inspected or approved, Contractor shall give timely notice of its readiness for inspection and a reasonable date fixed for such inspection. If any work should be covered up without approval or consent of approving agency or Engineer, it must be uncovered for examination at Contractor's expense. 3.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 3.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. UUALIIT KCI,IUIRErrv11-rvw © 2015 Stantec 1 1938031 13 01 4000-2 B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents, D. When requested by Engineer, provide interpretation of test results. 3.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 3.09 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 3.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start -up of equipment; and test, adjust, and balance of equipment. END OF SECTION QUALITY REQUIREMENTS © 2015 Stantec 1 1938031 13 01 4000-3 This Page Left Blank Intentionally SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART l GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the work at the Project Site. B. Establish facilities necessary for work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power or light poles, guy wires, and other structures that must be disturbed. 3.02 PROJECT IDENTIFICATION A. No signs or advertisements will be allowed to be displayed on the premises without the approval of the Owner. 3.03 SIGNS REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the construction limits as directed by the Owner. Items damaged during construction shall be replaced with new at no charge to Owner. 3.04 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Owner. B. Temporary Water for Construction: 1. Coordinate with the City to obtain City water for construction. Obtain meter from City and make arrangements and pay for water including all costs such as temporary connections, installation, maintenance thereof, water used, etc. C. Temporary Electricity: 1. Contractor shall arrange for and pay for their construction electric needs. TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 193803113 01 50 00 - 1 D. Temporary Heating and Ventilation: 1. Contractor shall provide and pay for ventilation and heating equipment as required during construction to protect the work and to ensure suitable working conditions. 3.05 SANITARY FACILITIES A. Comply with all governing regulations, including safety and health codes for sanitary fixtures and facilities. B. Provide self- contained toilet units consistent with governing regulations. Contractor may not use Owner's toilet facilities. C. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.06 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All storm sewer flows shall be maintained during construction. B. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.07 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic. All traffic control devices and other protective measures shall conform to local jurisdictional standards. B. Remove traffic control devices at the conclusion of the Work. 3.08 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect work. 2. Damage caused by the Contractor, shall be promptly repaired by Contractor. At no time shall the work remain unattended if a dangerous condition exists. Temporary Fence: 1. Contractor shall maintain as required by existing conditions and performance of the Contract reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent sites and utilities. 2. Provide and maintain minimum 6 -foot high temporary fence as required to enclose areas at the Site for safety and security purposes. ItMF'OKAKT r/\l_ILIIIM MINL) 1- 1ANmvw © 2015 Stantec 1 1938031 13 01 5000-2 3. Provide Owner with keys or combinations to any locks that maybe used to secure fencing gates. 4. Access to the areas adjacent to the park shall be maintained throughout construction. 5. Remove the fence upon completion of the Work. 3.09 ACCESS TO PROJECT SITE A. Access to the site shall be via Mill Street. The Contractor shall be responsible for any damage to all areas and adjacent areas due to delivery of construction material or equipment, construction activities, etc. at no cost to the Owner. 3.10 SECURITY A. Provide temporary enclosures required for protecting the Project, for providing passageways, for the protection of openings both exterior and interior, and any other location where temporary enclosures and protection may be required. B. Take adequate precautions against fire. Keep flammable material at an absolute minimum and ensure that such material is properly handled and stored. Do not permit fires to be built or open salamanders to be used in any part of the work. 3.11 WATER AND SNOW CONTROL A. From the commencement to the completion of the work, keep all parts of the Site and the Project free from accumulation of water. Supply, maintain, and operate all necessary pumping and bailing equipment. Provide all dewatering needed in the excavated areas. B. Remove snow and ice for the protection of the Work. Protect the Work against weather damage. 3.12 CONSTRUCTION NOISE ABATEMENT A. In order to abate objectionable noise to the extent feasible, motorized construction equipment shall be equipped with a muffler constructed according to the equipment manufacturer's specifications or a system for equivalent noise reducing capability. Mufflers and exhaust systems shall be maintained in good operating condition, free from leaks and holes. 3.13 PROPERTY IRONS A. Any property irons which are disturbed, whether by the Contractor's carelessness or of necessity, shall be replaced at the Contractor's expense. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2015 Stantec 1 1938031 13 01 5000-3 This Page Left Blank Intentionally SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes: 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 2. Owner will maintain the silt fence presently on the project site. Contractor shall provide storm water inlet protection at storm water structures and all additional measures deemed necessary during the project period. Upon completion of construction activities and effective establishment of turf, Owner will remove silt fence, inlet protection and other measures that are installed outside of this contract. 1.02 RELATED SECTIONS A. Section 01 33 00 -Submittal Procedures. B. Section 32 92 00 - Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.): 1. 1717 - Air, Land, and Water Pollution. 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 4. 3733 - Geotextiles. 5. 3882 - Mulch Material. 6. 3884 - Hydraulic Erosion Control Products. 7. 3885 - Rolled Erosion Control Products. 8. 3886 - Silt Fence. B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Contractor shall comply with the provisions of the MPCA NPDES General Stormwater Permit for Construction Activity (MN R100001) and supply the following documents during construction. 1. NPDES permit inspection log resulting from weekly Site inspections, which shall include: a. Recommendations for corrective actions. b. Corrective action taken. c. Date and amount of rainfall events greater than 1/2 inch in 24 hours. B. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 1938031 13 01 57 13 - 1 2. Site plans in conformance with MnDOT Spec. 1717.2D: a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling: 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required; however the contractor shall comply with all provisions of the NPDES construction site general permit. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and /or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. TEMPORARY LKUNUN ANU atvuvicN i l-kJIN I N[ l © 2015 Stantec 1 1938031 13 01 57 13-2 F. Prior to Project shutdown for the winter or other periods of a week or more, adequately protect Site from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required in the NPDES permit, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. Respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $1,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: CONFORM TO MNDOT SPEC. 3886. A. Machine sliced in accordance with City Standard Detail Plate ERO -1 A (Sheet C8.03). 2.02 MULCH: CONFORM TO MNDOT SPEC. 3882. A. Type 1, clean grain straw only. Project specific, refer to MnDOT Spec. for options. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.03 HYDRAULIC SOIL STABILIZER (HYDROMULCH) A. Conform to MnDOT Spec. 3884: 1. Dyed green. B. Type 5 - 100 - percent wood fiber mulch. 2.04 EROSION CONTROL BLANKET A. Conform to Section 32 92 00 - Turf and Grasses. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). 3. Inlet protection devices used on this project are the property of the Contractor. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 193803113 01 5713-3 a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament /monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock logs) around perimeter of ring to anchor geotextile. 2.06 FLARED END PROTECTION A. Conform to the Detail ERO -66 (Drawing C8.03). 2.07 TEMPORARY SEED A. Conform to Section 32 92 00. 2.08 EQUIPMENT A. Street sweeper with mechanism for picking up and containing sweepings. Power broom will not be allowed. B. Skidsteer (bobcat) to assist in street sweeping. 2.09 CONCRETE WASHOUT A. Impervious Containment of Concrete Wash: 1. Must be removed from Site when finished. 2. Self- containment unit on concrete trucks. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion /sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. E. Restore all disturbed areas that have not had construction activity for more than 14 calendar days with temporary hydromulch. All costs related to furnishing and installing the temporary hydromulch will be considered incidental to the Project. TEMPORARY EROSION AND SEDIMENT CONTROL 01 5713 -4 © 2015 Stantec 1 1938031 13 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C: 1. Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Mulch: 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg /ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4,500 to 6,700 kg /ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. E. Hydraulic Soil Stabilizer ( Hydromulch): 1. Apply hydromulch in conformance with MnDOT Spec. 25753H. 2. Raking or harrowing of soil /seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Application Rate for Slopes Steeper Than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. Slope (Cat) Tracking: 1. Slope tracking consists of operating a dozer up and down slopes so that the cleats of the tracks create grooves perpendicular to the slope. By operating the dozer up and down, the soil surface is firmed and miniature interceptor checks are created. 2. Required on all slopes equal to or steeper than 3:1 (H:V). G. Erosion Control Blanket 1. Conform to Section 32 92 00 - Turf and Grasses. TEMPORARY EROSION AND SEDIMENT CONTROL © 2015 Stantec 1 1938031 13 01 57 13-5 H. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Make any required repairs immediately. 3. Maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. Repair or replace plugged, torn, displaced, damaged, or non - functioning devices. 4. 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. 5. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. D. Street Cleaning: Use skidsteer and street sweeper as necessary to clean adjacent street surfaces that may become dirty during construction activity. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL 01 57 13-6 © 2015 Stantec 1 1938031 13 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SUBSTITUTIONS A. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier, or distributor, the Contractor must supply the product named, unless he has written authority from the Engineer to make a Substitution. B. Substitute Items of material and equipment shall be subject to the review and approval of the Engineer. C. During the Bidding process no Substitution will be considered, unless written request has been submitted to the Engineer for approval at least 7 days prior to Bid Date. D. Each request for Substitution shall include a complete description of the proposed Substitute, the name of the material or equipment for which it is to be substituted, drawings, cuts, performance and test data, comprehensive list of deviations from exceptions to the specifications, and any other data or information necessary for a complete evaluation. E. If the Engineer approves any proposed Substitution, such approval will be set forth in an Addendum. F. The Contractor shall not be relieved from the responsibility of furnishing material or equipment equal in quality, design, and efficiency to those specified. G. If a Substitution is allowed for any reason, the Contractor shall bear full responsibility for fitting that Substitution into the Project and shall make any necessary adjustments. No extra payment shall be made for extra work made necessary by a Substitution requested by the Contractor. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRODUCT REQUIREMENTS © 2015 Stantec 1 1938031 13 01 60 00 - 1 This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: I. Written Notification of Substantial Completion. 2. Executed Certificate of Substantial Completion. 3. Written Notification of Final Completion. 4. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, record documents, Bonds, certificates, certificates of inspection, and other documents. 5. Final Application for Payment, including accompanying documentation. 6. IC -134 Form. PART 2 PRODUCTS Not Used, PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. EXECUTION REQUIREMENTS 2015 Stantec 1 1938031 13 01 70 00 - 1 C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Coordinate space requirements and installation of work indicated on Drawings. Follow routing shown for pipes and conduit; place runs parallel with line of building and equipment vault. Utilize spaces efficiently to maximize accessibility for other installations, maintenance, and repairs. E. Mount individual units of work at industry recognized standard- mounting heights for the particular application indicated, where mounting heights are not indicated. F. Record installation details and prepare Record Documents consistent with the Contract. 3.03 SITE MAINTENANCE A. Maintain work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Owner. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. . D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Owner /Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 24 hours from the Notice to clean Project Site. After the 24 -hour period, Owner may correct the defective work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 FINAL CLEANING A. Prior to the inspection for Substantial Completion of the work, remove all waste material and rubbish from the Project Site, remove all protective coatings, barriers, and other protective devices, all temporary work and surplus materials, and thoroughly clean the work. B. Thoroughly clean the splash pad equipment room and Project Site as necessary to leave them in a clean, neat, and orderly condition, ready for occupancy and use by the Owner. EXECUTION REQUIREMENTS 01 7000 -2 © 2015 Stantec 1 1938031 13 3.06 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.07 REINSPECTION FEES A. If the Engineer is required to perform re- inspections due to failure of the work to comply with the claims of status of completion made by the Contractor or due to problems with the methods or materials of construction: 1. Owner will compensate Engineer for such services. 2. Owner will deduct the amount of such compensation from the Final Payment to the Contractor. 3.08 SPECIAL TOOLS A. Provide any special tools, jigs, fixtures, and lifting tackle which are necessary for assembly, erection, operation, maintenance, and repair of equipment. B. Special tools and devices are those the design, purpose, and use of which are peculiar to the equipment furnished and which are not available from normal wholesale or retail outlets. Standard general purpose tools are not included in this requirement. 3.09 SPARE PARTS A. Required spare parts are listed under the individual Specification Sections. 3.10 OUT -OF -STATE CONTRACTOR SURETY DEPOSIT A. When an out -of -state contractor enters into a contract that exceeds $100,000, the contractor must file Form SD -E, Exemption from Surety Deposits for Out -of -State Contractors, with the Minnesota Department of Revenue. B. If the contractor is exempt from the surety deposit requirements, he shall provide the City with a copy of the form showing the Revenue Department certification. C. If the contractor is not exempt, the City will withhold an additional 8 percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. EXECUTION REQUIREMENTS © 2015 Stantec 1 1938031 13 01 7000-3 D. Forms and information can be obtained by calling (651) 296 -6181 or (toll free) 1- 800 -657- 3777. 3.11 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling (651) 282 -9999 or 1 (800) 657 -3594. They are also available on their website: www.revenue.state.mn.us, or via email at withhold ina.tax r�Pstate.mn.us. 3.12 FINAL PAYMENT A. Upon completion of the Project Work and as a condition of Final Payment, the Contractor shall prepare and submit to the Engineer for transmission to the Owner, all exhibits by the Project Manual, including but not limited to: 1. Consent of Surety to Final Payment. 2. Guarantees and Warranties. 3. Record Documents. 4. Operation and Maintenance Manuals. 5. Closeout Item Manuals. 6. Lien Waivers. END OF SECTION EXECUTION REQUIREMENTS © 2015 Stantec 1 193803113 01 7000-4 SECTION 01 71 23 FIELD ENGINEERING PART 1 GENERAL 1.01 SECTION INCLUDES A. This Section identifies requirements for survey and layout of the Work by the Contractor. 1.02 CONSTRUCTION SURVEY AND LAYOUT A. The Owner shall, prior to the start of construction, install on Site survey control consisting of elevation benchmark(s) and survey control points to be used by the Contractor to tie into the coordinate system used for the original Site survey. The Engineer will furnish the Contractor an electronic AutoCAD file for the Contractor's use to identify all other points needed to survey and layout work. The cost of identifying and locating control survey of benchmarks and control points will be paid by the Owner. B. All additional survey and layout work shall be the responsibility of the Contractor or subcontractor performing that work. C. The Engineer and Owner will not be required to perform any detailed survey or layout work and will not be required to pay any costs for the Contractor's survey and layout work beyond what is identified in Paragraph A above. D. Each Contractor or subcontractor performing survey or layout work shall tie back to the survey control information established in Paragraph A. The previously installed work of others shall not be relied upon for later work. Where the work of others is found to be in error, the Engineer and Owner shall be immediately notified so that corrective action may be taken. E. The survey control points shall be carefully protected by all Contractors. If disturbed, the points shall be replaced by the Owner's surveyor and all costs for such Work will be deducted from the Contractor's payment amount. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION FIELD ENGINEERING 2015 Stantec 1 1938031 13 01 71 23- 1 This Page Left Blank Intentionally SECTION 01 78 23 OPERATION AND MAINTENANCE MANUALS PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Operation and Maintenance Manuals. 1.02 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with Contractor's schedule of submittals. B. Operation and Maintenance Manuals must be approved before placing equipment into operation. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 SUBMITTAL PROCEDURES A. Submit 1 preliminary set of Operation and Maintenance Manuals for review by the Engineer. Engineer will review and return 1 set to the Contractor marked "Reviewed," "Reviewed as Noted," or "Revise and Resubmit" consistent with Section 01 33 00. After the Operation and Maintenance Manuals have been corrected, submit 1 final set. Submit 1 approved final set of detailed equipment drawings and explicit instructions on the operation and maintenance of each piece of equipment furnished on the Project. In addition, provide electronic PDF copies of the final Operation and Maintenance Manual as follows: 1. Provide 3 digital copies in a PDF format saved to a compact disk or similar suitable to the Owner and Engineer. The saved files shall be clearly identified and organized in a similar manner to the hard copies. a. Data saved on the disks shall be accessible and neatly organized. b. Provide a table of contents which utilizes bookmarks. The bookmark shall take the reader to a specific page when the reader clicks on the desired title in the table of contents. A bookmark shall be provided for materials associated with each piece of equipment included in the O&M manual. 3.02 OPERATION AND MAINTENANCE MANUALS A. Manuals are required for all equipment, accessories, devices, etc. that require adjustment, maintenance, operation, or repairs by the Owner's personnel. All information shall be supplied by the appropriate equipment manufacturers, neatly bound in rigid cover ring type binders by the Contractor, and properly indexed. Manufacturer's data in each manual shall be printed literature of the Manufacturer. Photo copies of such literature are OPERATION AND MAINTENANCE MANUALS © 2015 Stantec 1 1938031 13 01 7823-1 not acceptable. Manuals shall include record shop drawings and copies of factory certified tests. Each manual shall contain the following information where applicable: 1. Operation and Maintenance Manuals shall be clearly identified as operation and maintenance submittal. 2. All performance and design characteristics and unit identification, such as model and serial numbers. 3. All accessories or options furnished with unit. 4. Complete instruction on lubrication, testing, balancing, etc. 5. List of recommended lubricants. 6. Step -by -step instructions for repair or overhaul. 7. Parts list and parts diagram. 8. Wiring diagrams. 9. Copy of approved /revised shop drawings. 10. Listing of spare parts the Owner should keep on hand as recommended by the manufacturer. 11. Name and phone number of supplier where repair parts or additional information can be obtained. B. Each manual shall be specifically for the items actually installed. Where manuals show a number of models or options, the manual shall be clearly marked to indicate what was furnished and which instructions apply to the furnished unit. C. Superfluous information pertaining to other models, options, etc. not furnished shall be clearly crossed out or otherwise eliminated. Failure to meet this Section of the Specifications will result in payment reduction. END OF SECTION © 2015 Stantec 1 1938031 13 OPERATION AND MAINTENANCE MANUALS 01 7823 -2 SECTION 01 78 36 WARRANTIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Warranties for the work of this Project. 1.02 SUBMITTALS A. Bind in commercial quality, 8-1/2 inches by 1 1 inches, 3 -ring binders with hardback, cleanable, plastic covers. B. Table of Contents: Provide neatly typed, Table of Contents matching that of the Project Specifications with each item identified with the number and title of the Specification Section in which specified and the name of the product or work item. C. Label a cover page with typed or printed title WARRANTIES with title of Project; name, address, and telephone number of Contractor and equipment supplier; and name of responsible principal. D. Separate each warranty keyed to the Table of Contents listing. Provide full information using separate typed sheets as necessary. List subcontractor, supplier, and manufacturer with name, address, and telephone number of responsible principal. 1.03 PREPARATION OF WARRANTIES A. Obtain warranties executed in duplicate by responsible subcontractors and suppliers. Leave date of beginning of time of warranty blank until the Date of Substantial Completion is determined. B. Verify that documents are in proper form and contain full information. C. Co- execute submittals when required. 1.04 DELIVERY A. Within 10 days after Engineer's declared and written confirmation of the Date of Substantial Completion. B. For items of work when acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. 1.05 LENGTH OF WARRANTY A. Minimum length of all equipment warranties shall extend through the Correction Period. B. Length of Warranties: Conform to the requirements of the Specifications. WARRANTIES © 2015 Stantec 1 1938031 13 01 7836-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION WARRANTIES O1 7836 -2 © 2015 Stantec 1 1938031 13 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for Project Record Documents. 1.02 SUBMITTALS A. At completion of Project, deliver Project Record Documents to the Engineer prior to request for Final Payment. B. Accompany submittal with transmittal letter in duplicate containing: 1. Date. 2. Project Title and Project number. 3. Contractor's name and address. 4. Title and number of each record document. 5. Certification that each document as submitted is complete and accurate. 6. Signature of Contractor or his authorized representative. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain at the Site 1 copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. RFI's (Requests for Information) and RFI Responses. 5. Proposal Requests. 6. Change Orders. 7. Reviewed Shop Drawings, Product Data, and Samples. 8. Field Test Records. 9. Other Modifications to the Contract. B. Store documents separate from documents used for construction. C. Maintain documents in clean, dry, legible condition. D.- Ensure entries are complete and accurate, enabling future use by Owner. E. Record information concurrent with construction progress. F. Make documents available for inspection by Engineer and Owner. PROJECT RECORD DOCUMENTS O 2015 Stantec 1 193803113 01 7839-1 G. Record Drawings and Shop Drawings: 1. Required information may, as an option, be entered on a "working set" and then at completion of Project transfer the information to a final submitted "Project Record" set. 2. Legibly mark to record actual construction: a. Depths of various elements of foundation in relation to finished first floor datum. b. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements. c. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure. d. Field changes of dimension and detail. e. Changes made by Change Order or Field Order. f. Details not on original Contract Drawings. H. Specifications and Addenda: 1. Legibly mark up each Section to record: a. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. b. Product substitutions or alternates utilized. c. Changes made by Change Order or Field Order. d. Other items not originally specified. END OF SECTION PROJECT RECORD DOCUMENTS © 2015 Stantec 1 193803113 01 7839-2 SECTION 01 92 00 FACILITY OPERATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for starting and placing in service systems and equipment. 1.02 SUBMITTALS A. Submit the following items consistent with Section 01 3300. 1. Operation data and field- testing results. 2. Start -up schedule for equipment and systems. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Provide checkout services, start -up, demonstration, and training for Project as a functioning whole. 3.02 SERVICE REPRESENTATIVE A. Provide qualified service representatives as necessary to inspect equipment after it is installed to assure that all details of installation are correct, to confirm that equipment is prepared for operation in accordance with manufacturer's instructions and recommendations, and to confirm that equipment is ready for incorporation into other systems and components of the Work. B. Qualified service representative shall check connections to equipment and adjust, or supervise adjustment of control and indicating devices after equipment has been installed and connected, and to fully instruct Owner's operating personnel in operation and maintenance of equipment. C. Provide qualified service representatives to supervise preliminary operation of equipment and such adjusting as necessary. 3.03 CHECK OUT SERVICES A. Prepare all equipment installed under this Contract for operation. B. Follow instructions and recommendations of service representatives representing manufacturers of equipment installed and make adjustments necessary for proper operation. FACILITY OPERATION © 2015 Stantec 1 193803113 01 9200-1 C. Rotating equipment shall be checked for vibration and equipment bases grouted prior to start -up. Rotation shall be verified. D. All electrical and mechanical systems shall be thoroughly checked and system operation simulated prior to start -up to minimize malfunctions during start -up. E. Equipment shall be lubricated prior to operation in accordance with manufacturer's instructions. F. Provide Owner a minimum of 1 week notice prior to checkout procedures so that operating personnel can be scheduled to participate. G. Operation and Maintenance Manuals must be approved by the Engineer prior to checkout services on equipment. 3.04 SYSTEM AND EQUIPMENT START -UP AND DEMONSTRATION A. Provide written certification that checkout services have been completed and 1 week notice prior to start -up and demonstration. B. Place various items of equipment into operation along with related piping and control systems at times acceptable to Owner. After satisfactory start -up of these systems and their related equipment, they will remain in continuous or intermittent operation as required by the Owner. C. All equipment and accessories shall be adjusted and calibrated prior to any start -up and any equipment placed into temporary operation prior to Final Completion of the total Project shall be readjusted and /or recalibrated as necessary. D. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and /or systems during start -up. E. Contractor shall supervise, control, and be responsible for operation and maintenance of new equipment and /or systems during a period of 3 calendar days after the new equipment and /or system is placed in operation. Contractor shall remain responsible for making any required changes, repairs, or replacements to the new installation until the Project is determined to be finally complete. F. No system start -ups will be held on holidays, Fridays, or the day before a holiday. 3.05 INSTRUCTION OF OWNER'S EMPLOYEES A. Following start -up and demonstration, the Contractor shall provide competent personnel who fully understand the operation of the equipment to instruct the Owner in the operation and maintenance of each item and system. B. Such instruction shall take place prior to acceptance of the installation by the Owner, at such a time or times that are acceptable to Owner. C. Training time requirements for equipment and systems are included in the Specifications. The stated training times are the time required for operator instruction only. Time spent for checking systems, testing, balancing, calibration, and start -up are not considered instruction or training time. © 2015 Stantec 1 1938031 13 01 9200-2 D. The time of instruction specified shall be time actually spent at the Site and shall not include travel time. 1 day shall be considered 8 hours. END OF SECTION FACILITY OPERATION ©2015 Stantec 1 193803113 01 9200-3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes I. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.03 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 1938031 13 0241 13 - 1 C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 00 00. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a minimum depth of 1/3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. C. Provide means and method (such as snapping a chalk line) to establish a straight and uniform sawed line. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 1938031 13 0241 13-2 3.05 REMOVE CONCRETE SURFACING A. Saw cut concrete surfacing prior to removal. B. Remove concrete in such a manner that the remaining surfacing is not damaged. C. When removing existing concrete, the Contractor shall not disturb any material beyond the limits required for new construction. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.06 REMOVE BITUMINOUS SURFACING A. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. B. Remove bituminous in such a manner that the remaining surfacing is not damaged. 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. D. When removing existing surfacing, the Contractor shall not disturb any material beyond the limits required to form for new construction. 3.07 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with non - shrink concrete grout at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be filled with suitable material as directed by the Engineer. C. Pipe to be abandoned shall be removed if the top of pipe is within 3 feet of final surface elevation. 3.08 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Owner and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. SELECTIVE SITE DEMOLITION © 2015 Stantec 1 1938031 13 0241 13-3 3.09 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the some shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.10 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2015 Stantec 1 1938031 13 0241 13-4 SECTION 13 11 13 SPLASH PAD GENERAL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Work shall include, but is not necessarily limited to: a. General conditions for all splash pad work. b. Construction and start -up supervision. c. Operation and Maintenance Manuals. B. Related Documents 1. Drawings and General Provisions of the Contract including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.02 SUBMITTALS A. Shop Drawings: Submit drawings showing the layout, dimensions, operating characteristics of each piece of equipment, valves, controls, flow meters, piping, and all miscellaneous materials and items specified to be furnished. 1. Provide per Division 1. 2. Provide plan and elevations drawn to scale showing the size and placement of each item to be installed. Shop drawings shall be submitted prior to fabrication or purchase. B. Project Record Documents: Provide per Division 1. C. Operation and Maintenance Data: See Division 1 and Part 3 of this Specification. D. Warranties: Provide written warranties addressed to the Owner as specified in Division 1 and Part 1 of this Specification. Warranties shall be submitted prior to Final Payment for the Project. Extended warranties shall be provided where noted. E. Test Reports: Reports of all tests shall be distributed by the testing laboratory after each test with copies sent to the Owner, Engineer and Contractor. F. Contractor shall provide layout drawings of all piping with elevations before Work on piping commence. 1.03 QUALITY ASSURANCE A. Experience: The Contractor /subcontractor that is performing this work shall have been engaged in the construction of municipal swimming pools /splash pads and /or had equivalent experience as judged by the Owner and Engineer with fusion welded HDPE pipe installation, concrete flat work and mechanical /electrical systems similar to that required for this project for a period of at least 5 years. B. Superintendent: Contractor shall provide at least one person who shall be thoroughly trained and experienced in the construction of the required work, who shall be present SPLASH PAD GENERAL 2015 Stantec 1 1938031 13 13 11 13 - 1 during the execution of this portion of the work and who shall personally direct the work of this Section. C. Codes and Regulations: Contractor shall have a working knowledge of and shall comply with all State, City, and County Codes and Regulations applicable to the work under this Section. including but not limited to: 1. NSF International /ANSI Standard 50 - Circulation System Components and Related Materials for Swimming Pools, Spas /Hot Tubs. 2. Article 680 of the National Electrical Code. 3. Minnesota Rules Chapter 4717, Parts 4717.0150 to 4717.3975 - Operation and Maintenance, Design, Installation and Construction Standards for Public Pools and Facilities Related to Tern (Minnesota Pool Code) administered by the Minnesota Department of Health. D. Testing: Density testing for pipe trenching and backfilling of pipes and structures, shall be by Owner. Costs for retests due to failure to meet specified requirements shall be paid for by the Contractor. E. Patented Materials: Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patient right and save the Owner and Engineer harmless from loss on account thereof. F. Quality of Materials: The materials, products, and equipment specified herein establish the standard of required function, dimension, appearance, and quality. Complete submittal data must be provided to the Engineer for review and approval or rejection. No substitutes may be made without prior approval. If a substitute is approved, all Bidders will be notified by Addendum so all may offer the approved substitute. G. Quality of Labor: The Contractor shall use only personnel thoroughly trained and experienced in the trade involved in each type of work required for the splash pad construction. In acceptance or rejection of installed work, no allowance will be made for lack of skill on the part of the workmen. 1.04 DELIVERY, STORAGE, AND HANDLING A. Equipment: All practical precautions shall be taken to prevent damage to equipment and materials on the Site. All items of operating equipment shall be kept covered or stored out of the weather. 1.05 PROJECT CONDITIONS A. Existing Conditions: Contractor use of the Site is limited to the areas shown on the Drawings and /or approved by the Owner. Contractor shall provide and maintain access during construction. Any damage to any facilities around the Site shall be the responsibility of the Contractor. Any and all damage shall be repaired by the Contractor at no cost to the Owner. B. Protection: Protect all parts of the Project from inclement weather: 1. Particular attention shall be given to protect newly placed concrete slabs and decks from rain damage and from too rapid drying during hot, dry weather. 2. Contractor shall protect structures from damage, uplift, etc. throughout the Project. 31'LN3n r/1v 1311 13 -2 © 2015 Stantec 1 1938031 13 1.06 WARRANTIES A. Warranty with 2 -year correction period from the actual Substantial Completion Date shall apply to all work in Division 13•, unless otherwise stated for a longer period for specific items. Warranty papers shall be provided for each of the major items of manufactured equipment when requested. 1.07 EQUIPMENT LAYOUT A. Piping, equipment locations, conduit, or other modifications required because of use of equipment different from that shown on the Drawings shall be the responsibility of the Contractor at no cost to the Owner and shall also include any Design Team review and redesign costs. All changes must be approved by the Engineer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. All of the Contractor's work shall be performed by skilled workmen experienced in splash pad/ swimming pool construction. All cutting and patching of existing materials shall be neatly done. Piping and equipment shall be carefully arranged in an orderly manner for ease of maintenance, operation, and repair. All piping must drain to low points and be provided with convenient drain valves at low points whether or not they are shown on the Drawings. The Contractor shall be solely responsible for the condition of all pipes, structures, equipment, etc. throughout the construction period. 3.02 GROUNDING AND BONDING A. Coordinate with Division 26 - Electrical to ground and bond all items in accordance with the most current version of Article 680 of the National Electrical Code, Minnesota Electrical Code and local code requirements. 3.03 EXCAVATION AND BACKFILL A. The Contractor shall provide all excavations necessary for construction. Machine excavation and hand trimming shall be carried out as one operation to minimize over - excavation. B. Excavation and backfill shall be performed in accordance with requirements specified in the Contract documents. 3.04 FIELD QUALITY CONTROL A. Testing: Shall comply with requirements specified throughout the Project Manual. SPLASH PAD GENERAL © 2015 Stantec 1 1938031 13 13 11 13-3 3.05 MANUFACTURER SERVICES AND STARTUP A. Contractor shall be responsible for the initial startup and adjusting of splash pad and all splash pad related equipment. After completion of installation of all equipment and all that is related, the equipment and installation shall be inspected and approved by a manufacturer trained and approved technician as being in compliance with the manufacturer's recommendations and requirements. After such inspection, the equipment shall be field aligned and given any required adjustment, and when complete the various items of equipment shall be ready to be placed into operation under the supervision of the manufacturer's representative. Manufacturer's representative shall certify to the Engineer that the equipment is installed and operates correctly. The Contractor shall schedule a manufacturer trained and approved technician at a time agreeable to the Owner, to train Owner's personnel in the proper operation and preventive maintenance of all equipment, after all equipment has been installed and certified by the respective manufacturers. The following minimum times shall be provided (time does not include travel time to and from Site) for start -up training to instruct the Owner in operation and maintenance procedures, and to certify to the Engineer that the equipment is operating correctly: 1. Splash Pad Equipment and Controls 8 hours. C. The Contractor shall be solely responsible for the condition of all piping, structures, equipment, etc. through Substantial Completion. The Contractor shall be provide qualified representatives to supervise the overall splash pad startup, adjust all equipment, valves, etc. as required and shall be solely responsible for startup. The Contractor shall provide a qualified representative to supervise the installation and startup and shall instruct the maintenance personnel in the operation, adjustment, care and service of the equipment and shall be available when needed for service throughout the warranty period. All of this service shall be included in the Bid. D. The Owner shall have the option of videotaping any training sessions for future reference. The Contractor shall coordinate all training to allow for this option. 3.06 MAINTENANCE AND OPERATION MANUAL A. Contractor shall provide 2 hard copies (and 3 electronic PDF copies) of operation and maintenance manuals for each piece of equipment, valve, materials, etc. and shall provide instructions on the proper draining of each piece of equipment, the piping, and the splash pad. Manufacturer's data in each manual shall be the printed literature of the manufacturer. Photo copies of such literature are not acceptable. Standard information in the manufacturer's literature that does not apply to the specific model provided shall be crossed out. This material shall be bound in 3 ring binders or spiral binder type and transmitted to the Engineer prior to final acceptance of the Project. In addition, provide the following information in the 3 -ring binders: 1. Copies of all approved shop drawings. 2. Manufacturer's wiring diagrams for electrically powered equipment. 3. Records of tests performed to certify compliance with system requirements. 4. Certificates of inspection by regulatory agencies. 5. Parts lists for manufactured equipment. 6. Exploded drawing for each piece of equipment with field replaceable parts. 7. Valve schedules. SPLASH PAD GENERAL © 2015 Stantec 1 1938031 13 13 1 1 13-4 8. Lubrication instructions, including list /frequency of lubrication done during construction. 9. Warranties. 10. Manufacturer's instructions for maintenance and operations for each piece of new equipment. 11. Spare parts list. 12. Narrative on controls. 13. Start -up and shutdown procedures that address specifics to this Project and specific equipment and options provided for this Project. Procedures shall reference valve tags and valve positioning for various modes of operation. 14. Trouble shooting information. 15. Written winterization manual, including the proper status and winterization of every valve and pipe in the system. 16. Schematic drawing on the complete installed splash pad system. Drawing shall include all valves and valve schedules relating to valve tags installed on the valves. 17. Additional information as indicated in the other Sections of the Construction Standards. 18. PDF copies of the final Operation and Maintenance Manual shall be as follows: a. Provide 3 digital copies in a PDF format saved to a CD, flash drive or other format approved by Owner and Engineer. The saved files shall be clearly identified and organized in a similar manner to the hard copies. 1) Data saved on the disks shall be accessible and neatly organized. 2) Provide a table of contents which utilizes bookmarks. The bookmark shall take the reader to a specific page when the reader clicks on the desired title in the table of contents. A bookmark shall be provided for materials associated with each piece of equipment included in the O&M manual. END OF SECTION SPLASH PAD GENERAL 0 2015 Stantec 1 193803113 13 11 13-5 This Page Left Blank Intentionally SECTION 13 11 13 SPLASH PAD RECREATION EQUIPMENT PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Work shall include, but is not limited to: a. Install Owner provided splash pad play equipment, activation devices and controller, and manifold. b. Furnish and install all piping, valves, electrical, and accessory items shown and /or specified as needed to form complete operating system in conjunction with Owner provided splash pad equipment. c. Contractor shall coordinate with the equipment supplier and furnish and install all components, wiring and accessories to provide a complete and operational system that complies with all local, state, and federal requirements. 1.02 REFERENCES A. This installation shall comply with all applicable provisions of the latest edition of the following codes: 1. All local, state and governing building, plumbing electrical, health, etc, codes. 2. National Electrical Code (NEC). 3. National Fire Protection Association (NFPA). Materials furnished hereunder shall comply with the latest edition of applicable standard specifications published by the following organizations: 1. American Society for Testing and Materials (ASTM). 2. American National Standards Institute (ANSI). 3. American Society of Mechanical Engineers (ASME). 4. American Society of Sanitary Engineering (ASSE). 5. American Water Works Association (AWWA). 6. Commercial Standards (CS). 7. National Electrical Manufacturers Association (NEMA). 8. National Sanitation Foundation (NSF). 1.03 QUALITY ASSURANCE A. Owner has purchased splash pad related equipment manufactured by Vortex Aquatic Structures International, Inc. as identified in this Section. Vortex Manufacturer Representative for the State of Minnesota is Commercial Recreation Specialists, (877) 896 -8442, Contact: Jeff Corniea. Contractor shall schedule the manufacturer representative to attend a pre - installation meeting with Contractor, Owner, and Engineer a minimum of 2 weeks prior to starting work of this Section. Contractor shall use the manufacturer representative to provide additional guidance and recommendations throughout construction. The attendance at this meeting by the manufacturer representative is included with the Owners supplied equipment. SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 1 1 18 - 1 C. Certain sections of the Specifications contain performance criteria rather than product descriptions. It shall be the obligation of the Contractor to insure that all criteria are satisfied and the burden or proof of conformance shall rest with the Contractor. The Engineer shall require complete calculation, past performance records, and if required, inspection trips of similar facilities to substantiate conformance with these criteria. The Engineer shall be the sole judge of conformance and the Contractor is cautioned that he will be required to Bid and provide a finished product meeting all stated criteria. D. Installer: Company specializing in performing the work of this Section with minimum of 3 -years experience. E. Upon completion of construction, Contractor shall arrange for the manufacturer representative to provide onsite training for the Owner relative to startup, shutdown and winterization procedures, day to day operation, and maintenance procedures, control programming, etc. for the splash pad. This has been included with the Owner purchased equipment for the manufacturer representative to provide these services. F. Products Requiring Electrical Connection: Listed and classified by Underwriters' Laboratories (UL) as suitable for the purpose specified and indicated. 1.04 SUBMITTALS A. The Contractor shall be responsible for providing 3 copies plus the quantity that Contractor would like returned to them of all submittals. B. Product Data: Provide data on specified systems, including all components. C. Shop Drawings: Indicate location of spray features, activators, control system, valves, as well as dimensions, connection details, details of assembly and interface with adjacent construction and equipment, anchors, and utility rough -in locations. D. Certificates: Certify that products of this Section meet or exceed specified requirements. E. Manufacturer's Installation Instructions: equipment including each component. F. Project Closeout Items. Indicate installation instructions for specified G. Operation and Maintenance Manuals. Provide operating and maintenance instructions for the entire system, including but not limited to start -up procedures, day to day operation of the system, maintenance instructions and maintenance schedules, instructions for winterizing, reprogramming controllers, parts lists, etc. 1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING A. All aquatic play products and associated equipment must be properly wrapped and secured in place while in transport to the Site. Care shall be observed during offloading and handling to prevent excessive stress and abrasions. B. Owner will have equipment shipped to the site. The Contractor shall keep the play products and associated equipment stored in safe secured areas until the actual time of installation. SPLASH PAD RECREATION EQUIPMENT 1311 18 -2 © 2015 Stantec 1 1938031 13 C. Protective wrapping on the aquatic play features must be left in place until construction work for the splash pad is complete. D. Painted surfaces shall be protected against impact, abrasion, discoloration, and other damage. Painted surfaces that are damaged prior to acceptance of equipment shall be repainted to the satisfaction of the Engineer. E. Electrical equipment, controls, and insulation shall be protected against moisture or water damage. F. Store materials under cover and elevated above grade. G. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of Engineer at no additional cost to the Owner. 1.06 WARRANTY A. In general, correct defective work of materials and workmanship within a 2 -year period after Substantial Completion for all Project elements. Additional manufacturer warranties are noted in the following Paragraph B. The following is a description of the Splash Pad Equipment Manufacturer Warranties provided: 1. 25 -year warranty on stainless steel water play features, stainless steel anchoring systems, and aluminum spheres. 2. 5 -year warranty on brass components, including; spray nozzles, spray caps, and spray heads. High- density polyethylene components, polyurethane components, and ultra high molecular weight polyethylene components. The stainless steel automated water distribution manifold, drain boxes, strainers, and electrical enclosures. 3. 2 -year warranty on coatings, stainless steel hardware and moving parts, fiberglass products, Seeflow Polymers, Soft Touch Elastomers (Toe Guards), polyvinyl chloride (PVC) piping, fittings, ball valves, check valves, pressure gauges, electrical relays, terminal blocks, actuated valves, programmable logic controller (PLC controller), time switches, manual switches, transformers, breakers, electrical wiring, and connections. PART 2 PRODUCTS 2.01 APPROVED MANUFACTURER A. Spray features, activators, and control system are supplied by Vortex, Montreal, Canada (Tel 514- 694 - 3868), Local Manufacturer Representative Commercial Recreation Specialists, (Tel 877 - 896 - 8442). Contact: Jeff Corniea. 2.02 SPLASH PAD EQUIPMENT A. Spray features shall operate at the flow rates as indicated in the Specifications. B. General Product Construction: 1. Play Products: All aquatic play products installed above and below grade shall be manufactured from 304/304L stainless steel. The anchoring system and associated fastening hardware shall be manufactured from 304/304L stainless steel. Rigid centricast fiber reinforced (FRP) and /or molded fiberglass, PVC, filament wound SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 11 18-3 tubing, galvanized steel, or aluminum shall not be utilized for any above or below grade play product structures. 2. Mounting and Assembly Hardware: All hardware and anchoring systems shall be 304/304L stainless steel. All Play Products and Ground Spay systems shall include an integrated anchoring and leveling system facilitating installation and a flush surface finish. Exposed and accessible hardware shall be tamper resistant, requiring a special tool for removal to deter vandalism and theft. 3. Spray nozzles, Caps, and Heads: Shall be manufactured from C360 brass and shall use tamper resistant tools for installation and removal. PVC, Nylon, and Delrin TM shall not be utilized. All grade level play products are to be furnished with appropriate winterization caps 4. Play Product Finish: Shall be polished stainless steel finish or polyester smooth glossy heat -cured powder coat that is UV and chemical resistant and suitable for public spaces. Color selections to be made by Owner from manufacturer standard colors. 5. Material for Paneling, Signage, Water Deflection, and Toe Guards: All polyethylene, polyurethane, elastomers, and Seeflow polymers used for paneling, signage, or water deflection shall be resistant to chlorinated water and be ultraviolet stabilized to inhibit sunlight fading. 6. Safety and Craftsmanship: All accessible edges shall be machined to a rounded finish. All welds shall be watertight, buffed smooth, or polished to a non - visible finish and factory pressure tested. Accessible nozzles and spray heads shall be recessed to ensure a completely safe play environment with no pinch points, head entrapments, or protrusion hazards. All products shall be designed in accordance with ASTM F1487 and CSA Z614 -98 regulations for public playgrounds. 7. Bonding /Grounding: All play equipment are to be grounded and bonded per the requirements of a permanently installed pool and fountain per article 680 of the NEC. 8. Concrete footings shall be as shown on the Drawings and specified. The Contractor shall provide all labor, material, and equipment to construct the concrete footings as shown on the Drawings and shall confirm with manufacturer regarding installation requirements. C. Spray Feature Equipment List: 1. Feature Accessories: a. Manufacturer shall provide winterization accessories, i.e. plugs, etc. for all water features. 2. Ground Geyser (VOR -301) (Quantity: 3) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Ground Geyser shall be constructed of 304/304L with an outside diameter of 3 inches and a wall thickness of 3/4 inch. The brass spray cap and winter cap shall be threaded into the geyser body using a tamper- resistant tool. Tamper resistant winter caps shall be included. The anchoring system shall have an integrated leveling system facilitating installation and a plumb finished to the activity deck surface. b. Overall play product dimensions: The overall height of the Play Product shall be 5 inches. c. Play Product Interactivity: Users can touch the soft frothy water falling down in contrast to the more powerful streams spraying up from the center. d. Hydraulic Activity /Components: The spray cap shall have a 10 -hole spray pattern angled at 5 degrees from vertical so that multiple streams spray water out at symmetrical angles forming an elegant fountain effect. e. Hydraulic Requirements: The hydraulic requirements shall be low flow consumption 4.5 gpm at 5 -10 psi. SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 11 18-4 3. Water Jelly No 1 (VOR -7010) (Quantity: 2) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Water Jelly No. 1 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2 inches and a wall thickness of .120 inch. The brass spray head and winter cap shall be threaded into the spray head body using a tamper- resistant tool. The Embedded anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the structure shall be no less than 5 inches. c. Play Product Interactivity: Creates a soft, laminar spray with a unique texture that even young users can touch. A cone of water starts small and gently grows out and flows over in a soft, inviting cascade. d. Hydraulic Activity /Components: The spray head shall produce an inverted laminar bell spray effect. e. Hydraulic Requirements: The hydraulic requirements shall be 1 1 gpm at 1 -2 psi. 4. Directional Water Jet (VOR -305) (Quantity: 4) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Directional Water Jet VOR -305 shall be constructed of 304/304L stainless steel with an outside diameter of 3 inches and a wall thickness of 3/4 inch. The spray head housing shall be fitted with a spray cap assembly consisting of a brass locking ring and an adjustable brass spray sphere. The nozzle system shall be free of finger entrapment hazards. The anchoring system shall have an integrated leveling system facilitating installation and a plumb finished to the activity deck surface. b. Overall play product dimensions: The overall height of the Play Product shall be 5 ". c. Play Product Interactivity: The high or low streaming arc of water produced by the Directional Water Jet creates visual interest. d. Hydraulic Activity /Components: The water effect from the spray head shall produce a single soft stream adjustable from the vertical position to a maximum of 25 degrees from vertical. Rotating the adjustable spray nozzle 90 degrees from the vertical position sets the spray head to its water -tight winterized position. e. Hydraulic Requirements: The hydraulic requirements shall be 2.5 gpm at 5 -10 psi. 5. Water Tunnel No 2 (VOR -309) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Water Tunnel No.2 VOR -309 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 1.9" and a wall thickness of .109 ". It shall have 4 equally spaced 3" diameter stainless steel spray head housings welded to it. Each spray head housing shall be fitted with a spray cap assembly consisting of a brass locking ring and an adjustable brass spray sphere. All nozzle systems shall be free of finger entrapment hazards. The Embedded anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 12.2 ". c. Play Product Interactivity: Users can run under the arch created by the water sprays to enjoy the mist and experience the feeling from the powerful water jets spraying up compared to the softer sprays falling down. d. Hydraulic Activity /Components: The water effect from each spray head shall produce a single soft stream adjustable from the vertical position to a maximum of 25 degrees from vertical. Rotating the adjustable spray nozzle 90 degrees from the vertical position sets the spray head to its water -tight winterized position. e. Hydraulic Requirements: The combined hydraulic requirements of all 4 spray nozzles shall be 10 gpm at 5 -10 psi. SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 1 1 18-5 6. Spray Loop (VOR- 519). (Quantity: 3) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Spray Loop VOR -519 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 3-1/2" and a wall thickness of 0.120 ". The loop shall be constructed of 1 continuous piece of tubing rolled to no less than a 72" diameter with no joints or ripples. The loop shall be mounted on a reinforced base plate to facilitate installation. The embedded anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 6'-4". c. Play Product Interactivity: Users can enjoy the spray mist from all directions inside the loop. d. Hydraulic Activity /Components: The loop shall have 5 stainless steel Rivozzles TM that produce misty water effect. e. Hydraulic Requirements: The combined hydraulic requirements of all 5 spray nozzles shall be 7.5 gpm at 10 -25 psi. 7. Aqua Dome No 1 (VOR -555) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Aqua Dome No. 1 VOR -555 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2 inches and a wall thickness of 0.120 inch. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the structure shall be no less than 45 inches height. c. Play Product Interactivity: Creates an elegant water effect that looks like shimmering glass. Users can manipulate the pattern by placing their hands, body and face in the soft laminar water dome. d. Hydraulic Activity /Components: The spray effect shall be a clear, laminar bell shaped, sheet descending from the top of the post towards grade. e. Hydraulic Requirements: The hydraulic requirements shall be 14 gpm at 5 -10 psi. 8. Aqualien Rainforest No 7 (VOR -7000) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Aqualien Rainforest No.7 VOR -7000 shall include 3 seeshells (small, medium, large). Each seeshell shall consist of 1 seashell post and 1 Water Dome. Each post shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 2 -3/8" and a wall thickness of .109 ". Each Water Dome shall have a diameter of 20" and shall be constructed of translucent Seeflow polymer with an Ultra High Molecular Weight Polyethylene center spray cap. The Small seeshell shall be 38" height, the medium shall be 41" and the large shall be 44 ". The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the structure shall be no less than 44" with a head clearance of no less than 29 ". c. Play Product Interactivity: Creates visual interest as water sprays from the top of each seeshell and streams down over the translucent Water Domes. d. Hydraulic Activity /Components: Each seeshell shall have 4 gentle water streams emitted from the spray cap that shall flow down the Water Domes. e. Hydraulic Requirements: The hydraulic requirements shall be 6 gpm at 3 -4 psi. 9. Bloom No. 1 (VOR -7486) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Bloom No. 1 VOR -7486 shall be constructed of from a curved base support post, it shall be constructed of stainless steel structural tubing with an outside diameter of 3.50" and a wall thickness of 0.30 ". The structure shall SPLASH PAL) KLUKtAIIUN tuulrlviri ,4i 2015 Stantec 1 193803113 1311 18-6 have a top post assembled to the base post with 2 sealed stainless steel bearings named TwirlTechTM. The top post shall be constructed of stainless steel structural tubing with an outside diameter of 3.50" and a wall thickness of 0.12 ". The TwirlTechTM shall consist of 1 soft -touch rotating sphere and fastened at the joint of the posts with tamper resistant hardware. The structure shall also consist of 3 Seeflow leaves and 3 Seeflow petals on the top. The Seeflow leaves and petals shall be constructed of translucent Seeflow polymer. On the top of the structure, there shall be a UHMW sprinkler. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 10' -0". c. Play Product Interactivity: 2 upward streams from top of the sprinkler apply a spiraling water effect. Users can also spin the TwirlTechTM soft -touch rotating sphere, creating a long lasting spiraling impressive water effect coming from the Triflow nozzles. d. Hydraulic Activity /Components: 3 gentle water streams emitted from the top post. 2 upward streams spray from the sprinkler shall create a spiraling water effect. As a user spins the TwirlTechTM soft -touch rotating sphere, the water pouring out of the top post and creating a spiraling water effect. e. Hydraulic Requirements: The hydraulic requirements shall be 8.5 gpm at 5 -10 psi. 10. Bloom No. 2 (VOR -7487) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Bloom No. 2 VOR -7487 shall be constructed from a curved post, it shall be constructed of stainless steel structural tubing with an outside diameter of 3.50" and a wall thickness of 0.12 ". The structure shall also consist of 3 Seeflow leaves along the post and 3 Seeflow petals on the top. The Seeflow leaves and petals shall be constructed of translucent Seeflow polymer. On the top of the structure, there shall be a UHMW sprinkler. On the curved post there shall also include 2 hydraulically connected PodsprayTM. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 91-111. c. Play Product Interactivity: 2 upward streams from top of the sprinkler apply a spiraling water effect. Users can press the PodsprayTM, and amplifying the upward streams of the sprinkler. d. Hydraulic Activity /Components: 2 upward streams spray from the sprinkler shall create a spiraling water effect. 2 hydraulically connected PodsprayTM when pressed, shall amplifying the spiraling water effect. e. Hydraulic Requirements: The hydraulic requirements shall be 8.5 gpm at 5 -10 psi. 11. Magic Mist No. 1 (VOR -7510) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Magic Mist No. 1 VOR -7510 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4.5 inches and a wall thickness of 0.120 inch. The powder coat painted stainless steel spray cap shall be fastened to the body using tamper- resistant fasteners. The spray cap has to be removable and shall have 3 stainless steel RivozzlesTM staggered around the domed spray cap. Each RivozzlesTM shall be formed to the surface of the structure to eliminate finger entrapment and protrusion hazards. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be no less than V. SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 11 18-7 c. Play Product Interactivity: The spray effect that produces the Magic Mist No 1 creates visual interest. d. Hydraulic Activity /Components: The Magic Mist shall contain 3 stainless steel RivozzlesTM secured on the spray cap creating a water mist effect. e. Hydraulic Requirements: The hydraulic requirements shall be low flow consumption 4.5 gpm at 10 -25 psi. 12. Jet Stream (VOR -7512) (Quantity: 4) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Jet Stream shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 3 inches. The lead -free brass spray cap and winter cap shall be threaded into the stainless steel spray head housing using a tamper - resistant tool. The Embedded anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 5 inches. c. Play Product Interactivity: Creates visual interest as a concentrated jet of water sprays up in a sleek Jet Stream. d. Hydraulic Activity /Components: The lead -free brass spray cap shall have a single 1/4-inch spray hole projecting a vertical stream. e. Hydraulic Requirements: The hydraulic requirements shall be 2.5gpm at 5 -10 psi. 13. Fountain Spray (VOR -7513) (Quantity: 3) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Fountain Spray VOR -7513 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 3 ". The lead - free brass spray cap and winter cap shall be threaded into the stainless steel spray head housing using a tamper- resistant tool. The Embedded anchoring and.leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 5 ". c. Play Product Interactivity: Users can experience a variety of water effects: the gentle streams falling down, mist from under the water arcs and higher pressure at the core. d. Hydraulic Activity /Components: The lead -free brass spray cap shall have an 11 -hole spray pattern, 3 holes angled at 5 degrees from vertical and 9 holes angled at 10 degrees from vertical. e. Hydraulic Requirements: The hydraulic requirements shall be 5 gpm at 1 -4 psi. 14. Side Winder (VOR -7518) (Quantity: 2) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Side Winder VOR -7518 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2". The lead -free brass spray cap and winter cap shall be fastened to the body using tamper - resistant fasteners. The Embedded anchoring and leveling system shall be used. ° b. Overall play product dimensions: The overall height of the Play Product shall be 5'. c. Play Product Interactivity: Users can enjoy the 18 water arcs created by the Side Winder. d. Hydraulic Activity /Components: The spray cap shall have an 18 -hole spray pattern angled at 5 degrees from vertical. e. Hydraulic Requirements: The hydraulic requirements shall be 15 gpm at 5 -15 psi. 15. Loop No 2 (VOR -7533) (Quantity: 3) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Loop No. 2 VOR -7533 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 3-1/2" and a wall thickness of .120 ". The Loop shall be rounded with no sharp edges, it shall be free of SPLASH PAD RECREATION EQUIPMENT 1311 18 -8 © 2015 Stantec 1 193803113 pinch points, protrusions, entrapment hazards and contain no flexible hoses. A bronze thrust bearing between the upper stainless steel joint and the lower stainless steel male joint shall allow the loop to rotate 360 degrees. Water fills the loop when the hole of the stainless steel stud is aligned with the hole in the lower male joint, therefore limiting the spray zone to 80 degrees. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 4' -2". c. Play Product Interactivity: The Loop sparks the user's imagination and gives an unexpected twist to many creative games. d. Hydraulic Activity /Components: A recessed threaded spray cap housing at the extremity of the loop shall be fitted with a brass 6 -hole particularized soft stream spray nozzle. e. Hydraulic Requirements: The hydraulic requirements shall be 4.5 gpm at 10 -15 psi. 16. Flower No 5 (VOR -7557) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Flower No. 5 VOR -7557 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2" and a wall thickness of .120" with a side arm constructed of 3-1/2" outside diameter 304/304L stainless steel structural tubing with wall thickness of .120 ". Each dumping flower shall consist of two translucent Seeflow polymer pieces glued to the dumping flower support. The dumping flower support shall have 2 bent square tubes and a 1.05" outside diameter aluminum pipe. Both dumping flowers shall be secured to the main post structure with a stainless steel shaft and associated tamper- resistant hardware. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height shall be 12'9" above final grade, with a head clearance of 7'6 ". c. Play Product Interactivity: Users can enjoy the reflection of sunlight and water on the translucent dumping flowers and try to predict when they will fill and tip. d. Hydraulic Activity /Components: The fill spout shall be constructed of 1.315" 304/304L stainless steel structural tubing. e. Hydraulic Requirements: The hydraulic requirements shall be 8 gpm at 5 -10 psi. 17. Water Bug No 2 (VOR -7581) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Water Bug No. 2 VOR -7581 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 41/2" and a wall thickness of .120 ". The post structure shall be curved with no joints or ripples. The head of the structure shall consist of 2 stainless steel domes with 2 hydraulically connected PodsprayTm and 1 spray cap. The SafeswapTM anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be no less than 22" with a head clearance of no less than 13 ". c. Play Product Interactivity: The users could enjoy the waterjets from the spray cap. Users can press the PodsprayTM, and amplifying the jet water effect. d. Hydraulic Activity /Components: The Water Bug No. 2 shall have 1 spray cap on top, which produces 6 small laminar stream jet effect. 2 hydraulically connected PodsprayTM when pressed, shall amplifying the jet water effect. e. Hydraulic Requirements: The hydraulic requirements shall be 6 gpm at 5 -10 psi. 18. Water Bug No 3 (VOR -7582) (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Water Bug No. 3 VOR -7582 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2" and a SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 1938031 13 13 11 18-9 wall thickness of .120 ". The post structure shall be curved with no joints or ripples. The head of the structure shall consist of 2 stainless steel domes with 1 hydraulically connected PodsprayTm and 6 TriflowTm nozzles. The SafeswapTm anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be no less than 22" with a head clearance of no less than 12 ". c. Play Product Interactivity: The users could enjoy the jets from the 6 TriflowTM nozzles. Users can press the PodsprayTm, and amplifying the water jets. d. Hydraulic Activity /Components: The Waterbug N 13 shall have 6 TriflowTm nozzles on the bottom of the dome, which produces a small laminar stream jet effect. The PodsprayTM when pressed, shall amplifying the jet water effect. e. Hydraulic Requirements: The hydraulic requirements shall be 6 gpm at 5 -10 psi. 19. Team Spray 01 (VOR- 7640). (Quantity: 1) (To be furnished by Owner and installed by Contractor): a. General Description: The interactive play event encourages cause - and - effect learning and cooperative play. Children can work together to cover sprays and push streams of water to new heights. b. Materials: Stainless steel, Brass, UHMW. The hydraulic requirements shall be 15 -20 gpm at 1 -10 psi. c. Play Product Structure: The Team Spray 01 shall consist of 1 Ground Geyser and 7 hydraulically connected pod spays. The Team Spray shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 2 -3/8 inches and a wall thickness of 0.109 inch. The snake- shaped bending shall be fabricated from 1 continuous bending with no ripples or joints. The pod spray bodies shall be constructed of 2 -3/8 inch diameter 304/304L stainless steel tubing with a wall thickness of 0.203 inch. The Ground Geyser shall consist of a 3-1/2 inch body with a flush- mounted spray cap. The Embedded anchoring and leveling system shall be used. d. Overall play product dimensions: Team Spray shall span 7' -8" in length and 3' -8" in width. e. Play Product Interactivity: The Team Spray encourages group play and collaboration. Users can interactively increase the height of the Ground Geyser spray by depressing 1 or all of the pod sprays. f. Hydraulic Activity /Components: 7 hydraulically connected pod sprays stemming from the ground geyser spray head body shall allow the user to interactively increase the height of the ground geyser spray effect when one or all pod sprays are depressed by the user. Each pod spray housing shall be fitted with a recessed Ultra -High Molecular Weight Polyethylene nozzle that shall produce 6 particularized, soft stream spray effects. The Ground Geyser spray cap shall have a 10- stream spray pattern angled at 5 degrees from vertical. All nozzle systems shall be free of finger entrapment hazards. g. Hydraulic Requirements: The combined hydraulic requirements of all 8 spray nozzle shall be 17.5 gpm at 1 -10 psi. 20. Silhouette No. 3 (VOR -7774) (Quantity: 2) (To be furnished by Owner and installed by Contractor): a. Play Product Structure: The Silhouette No. 3 VOR -7774 shall be constructed of 304/304L stainless steel structural tubing with an outside diameter of 4-1/2" and a wall thickness of .120 ". It shall have a curvy bend with no ripples or joints. The feature shall have 6 TriflowTm nozzles secured to the post. The Safeswap anchoring and leveling system shall be used. b. Overall play product dimensions: The overall height of the Play Product shall be 6' -7 ". SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 193803113 13 1 1 18-10 c. Play Product Interactivity: The Silhouette No 3 shall create visual interest as water sprays from the curvy post. d. Hydraulic Activity /Components: Each TriflowTm nozzle shall produce a water stream spray effect. e. Hydraulic Requirements: Hydraulic Requirements shall be 9 gpm at 5 -10 psi. 21. Safeswap Anchoring System (To be furnished by Owner and installed by Contractor): a. Shall be provided for the following, confirm with manufacturer: 1) Spray Loop (Safeswap No. 2). 2) Aqua Dome No. 1 (Safeswap No. 1). 3) Aqualien Rainforest No. 7 (Safeswap No. 2). 4) Bloom No. 1 (Safeswap No. 2). 5) Bloom No. 2 (Safeswap No. 2). 6) Loop No. 2 (Safeswap No. 2). 7) Flower No. 5 (Safeswap No. 1). 8) Water Bug No. 2 (Safeswap No. 1). 9) Water Bug No. 3 (Safeswap No. 1). 10) Silhouette No. 3 (Safeswap No. 1). 1 1) Water Garden Activator No. 1 (Safeswap No. 2). b. Stainless Steel Structural Tubing: Shall be 304/304L, structurally strong, durable, and resistant to corrosive environments. Rigid centricast fiber reinforced (FRP) and /or molded fiberglass, PVC, filament wound tubing, galvanized steel, or aluminum shall not be utilized for any above or below grade play product structures. c. Mounting and Assembly Hardware: All hardware and anchoring systems shall be 304/304L stainless steel. Exposed and accessible hardware shall be tamper resistant, requiring a special tool for removal to deter vandalism and theft. d. Safety and Craftsmanship: All edges shall be machined to a rounded edge. All welds shall be watertight, buffed smooth, or polished to a non - visible finish and factory pressure tested. Accessible nozzles and spray heads shall be recessed to ensure a completely safe play environment with no pinch points, head entrapments, or protrusion hazards. All products shall be designed in accordance with ASTM F1487 and CSA Z614 -98 regulations for public playgrounds. e. Safeswap Anchoring System: The stainless steel Safeswap Anchoring System shall provide the ability to add /remove /interchange select play products without having to incur any additional infrastructure costs. The anchoring system shall have an integrated leveling system facilitating installation and a flush finish to the activity deck surface without any protruding bolts or hardware. The play product shall be fastened directly to the Safeswap Anchoring System flange plate. A neoprene sealing gasket shall provide a water tight seal between the play product flange and the Safeswap flange. Mechanical fastening of the play products to the activity deck slab shall be prohibited. D. Activators (To be furnished by Owner and installed by Contractor): 1. Watergarden Activator No 1 (VOR -612) (Quantity: 3) a. Play Product Structure: The Watergarden Activator No.l VOR -612 shall be constructed of bent 304/304L stainless steel structural tubing with an outside diameter of 3-1/2" and a wall thickness of 1/8". The activator shall have no moving parts and run on a low voltage electrical supply. A 14AWG - 2 wire conductor shall be used for electrical connection. The activation cap shall consist of a high impact resistant protection cap and a piezo switch. The protection cap shall be constructed of polished stainless steel and shall be secured in place to the main structure with a seeflow polymer plastic panel using tamper- resistant fasteners. b. Overall play product dimensions: It shall have an overall height of 39 ". SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1938031 13 13 11 18- c. Play Product Interactivity: The Watergarden Activator shall be the direct interface between the users of the aquatic play area and the aquatic Play Products. The pre - programmed sequences of the aquatic Play Products shall be activated only when the touch - activated sensor cap on the Watergarden Activator is touched by the user. 2.03 SPLASH PAD COMMAND CENTER A. 20 Valve Wall- Mounted Manifold (To be furnished by Owner and installed by Contractor) (Quantity 1): 1. The Wall- Mounted Command Center shall be a pre- fabricated water distribution system containing piping, valves and electrical wiring. It shall be factory assembled; water pressure tested, and shall be provided by the splash pad equipment manufacturer. It shall be equipped with threaded connections for the water inlet and water outlets. The solenoid valves shall be pre -wired to the controller. 2. Water Distribution Manifolds: Shall be constructed of 3-1/2" diameter stainless steel structural tubing with a powder coat painted finish. Each water distribution port shall be a 1 -1 /2" NPT connection. The manifold shall be supplied with a pressure gauge. All welded joints shall be watertight and pressure tested to 150 psi General material construction shall be as follows: a. Stainless Steel Structural Tubing: Shall be Type 304/304L, structurally strong, durable, and resistant to corrosive environments. Rigid centricast fiber reinforced (FRP) and /or molded fiberglass, PVC, filament wound tubing, galvanized steel, or aluminum shall not be utilized for any distribution systems manifolds. b. Painted Finish: Shall be a polyester smooth glossy heat -cured powder coat that is UV and chemical resistant and suitable for public spaces. c. Mounting and Assembly Hardware: Shall be 304/304L stainless steel. Exposed and accessible hardware shall be tamper resistant, requiring a special tool for removal to deter vandalism and theft. d. Safety and Craftsmanship: All edges shall be machined to a rounded edge. All welds shall be watertight, buffed smooth, or polished to a non - visible finish and factory pressure tested. 3. Solenoid Valves: There shall be 1 solenoid valve installed on each of the water distribution ports to the water play features. They shall be a normally closed 24 VAC 60 cycle solenoid actuated globe /angle pattern design. The valve pressure rating shall not be less than 150 psi. The valve body and bonnet shall be constructed of PVC with stainless steel fasteners. The valve shall have a manual override capability (manual open /close control). It shall house a fully encapsulated, 1 -piece solenoid. Each solenoid valve shall have in integrated flow control adjustment valve stem for fine tuning of spray effects. 4. Isolation Ball Valves: There shall be one isolation ball valve for each of the water distribution ports mounted upstream from the solenoid valve. The valve body, stem, ball, and union shall be constructed of PVC, which shall meet or exceed the requirements of 124548 according to ASTM D1784. Ball seats shall be Teflon® backed by EPDM rubber o- rings. Seal material shall be EPDM rubber. Valves shall be blocking in both directions and shall have union ends. All valves shall have an expansion - compensating groove on the solid end. All valves shall be pressure tested in both the open and closed positions and be rated at 232 psi. 5. Piping and Fittings: All piping and fittings shall be schedule 80 PVC. All factory- assembled components, fitting, and connections shall be water pressure tested prior to delivery. SPLASH PAD RECREATION EQUIPMENT 13 11 18-12 © 2015 Stantec 1 1938031 13 6. Electrical Enclosures, Conduit, Wiring, and Connections: All electrical wiring shall be # 16 AWG with a 600V rating. All electrical connections, enclosures, and conduit shall be NEMA 4X watertight. B. 20 Output FT SmartTouch Controller (To be furnished by Owner and installed by Contractor) (Quantity: 1): 1. The Touch Pad programmable logic controller shall be sized according to the number of outputs it is required to control. The programmable logic controller shall be factory programmed with a variety of spray sequences designed according to the requirements of the Project. It shall have the flexibility for the user to modify the sequences using either a transportable memory cartridge or via the touch pad user interface. 2. A 24hr /7day user programmable time switch, which shall allow the user to set the operational hours of the facility, shall be incorporated into the operating system. The time switch shall have the ability to be programmed with a different time schedule for each day of the week, and up to 2 time schedules per day. 3. The operating system shall be supplied with a touch pad user interface with controls for each output, activation device (s), and time switch. These selector settings allow the user to select the operational mode of the components (i.e. Manual, Off, and Automatic) 4. The operating system shall have the capacity to receive signals from activation devices, operating on 24VDC. 5. The operating system shall have the ability to automatically purge all water lines based on the user selected time and duration (i.e. every day at 5 A.M. for 3 minutes). It shall also, be configured to purge all lines after a user defined period of inactivity (i.e. after 4 hours of inactivity). 6. Programmed spray sequences shall be such that the maximum water flow for the controller for any given time shall not exceed 160 GPM. 7. Programming of the controller shall be done by the manufacturer and shall be approved by the Owner /Engineer. The intent of the programming is to provide a level of randomness in order to provide a surprise element for users as to what feature (s) will come on next. To accomplish this programming shall be customizable involving multiple automated sequences, with multiple steps of multiple duration. Each step for valves is programmed either on or off. Each of the sequences shall be unique. The on and off times for each valve shall be customized for the duration of the sequence. Each time the bollard activates the controller the next programmed sequence will run. All the separate sequences shall run before a sequence is repeated. The programming of the sequences shall be such that the Owner can reprogram if they wish to do so. C. Piping: Requirements of Section 13 51 13 shall apply to this Section. D. Equipment and Piping Support: 1. All equipment and piping inside the splash pad equipment room shall be anchored and supported (manifolds and headers, valves, and all other associated equipment inside the splash pad equipment building). 2. All equipment mounting points shall be bolted to allow the removal and /or replacement of all equipment. E. Electrical Enclosures, Conduit, Wiring, and Connections: Shall comply to all local, State and national regulation requirements. SPLASH PAD RECREATION EQUIPMENT © 2015 Stantec 1 13 13 11 18 - 13 2.04 SPLASH PAD DRAINS A. Provide 3 drains total, 1 drain for small splash pad and 2 drains for large splash pad at locations shown on the Drawings. B. Playsafe Drain Nol (To be furnished by Owner and installed by Contractor) (VOR -1001- 4000). (Quantity: 3): C. Play Product Structure: The deck drain Nol VOR-1 001 -4000 consists of a frame and a removable cover. The frame shall be constructed of a 1/8 inch by 2 inch by 2 inch by 30 inch diameter bent angle iron. The deckgrating cover shall be constructed with 29 -3/4 inch diameter and a thickness of 1/4 inch. This removable cover has an antiskid surface. A form with the deck drain Nol which has the capabilities to be leveled are inserted in the hole to create concrete drain box pit. Once the drain box pit is created, the form is removed. The deck drain Nol allows for multi drain access points. Each water line outlet connected to the drain box is to be b inches in diameter. 1. Overall play product dimensions: The overall height of the deck drain Nol shall be no less than 21 inches. The diameter of this feature shall be no less than 34 inches. 2.05 MISCELLANEOUS PIPING ITEMS A. Pipe labeling: See Section 13 51 13. B. Pipe accessories: Provide all accessories, such as couplings for final pipe connections. PART 3 EXECUTION 3.01 INSTALLATION - EQUIPMENT AND SPRAY FEATURES A. Install operating equipment, piping, and fittings in accordance with component manufacturer' instructions. Any changes that the manufacturer may require from the Contract Documents shall be considered incidental and shall not be made without approval by the Owner /Engineer. B. Install grounding and bonding of all products in accordance with applicable electrical codes, as shown on the Drawings and per manufacturer's instructions. C. Contractor shall provide all items required to install equipment. The Contractor shall review the wiring diagrams for the equipment actually furnished and modify and conform to the requirements of the equipment furnished. The Contractor shall not be compensated for extra labor and materials which are required to change wiring which was not confirmed with the equipment manufacturer's drawings. D. Install accessories and fittings in accordance with component manufacturer's instructions. E. Provide templates, anchor bolts, and accessories required for mounting and anchoring equipment. Anchorage system shall be in accordance with the equipment manufacturer's specifications. Consult with equipment manufacturer for length and installation of anchor bolts. F. Contractor shall locate play feature bases from the information shown on the Drawings and from the play feature manufacturer. SPLASH PAD RECREATION EQUIPMENT 13 11 18-14 © 2015 Stantec 1 1938031 13 SECTION 13 31 00 FABRIC SHADE STRUCTURE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish and installation of fabric shade structure system consisting of shade sails, support posts, concrete foundations, hardware and concrete pads. 1.02 RELATED SECTIONS A. Section 32 13 13 - Concrete Paving (for shade structure pads and footings) 1.03 SUBMITTAL A. Qualifications of shade structure manufacturer. B. Qualifications of shade structure installer as specified herein. C. Detailed fabrication and erection drawings showing all structural heights, vertical clearances, connections, fabric type and grade, slope of structure, dimensions, and gauge of structural steel. D. Manufacturer to supply engineer's certified shop drawings for footings, foundations, reinforcement, mounting hardware at column base plates and other shade structure systems as required. Engineer must be a licensed professional engineer in the State of Minnesota. E. Certification that shade fabric meets or exceeds Class A fire retardant per NFPA 701. F. Certification that fabric contains lead -free pigment(s). G. Provide manufacturer's standard color palette for fabric and metal work powder- coatings for selection and approval. H. Provide two 12 inch by 12 inch pieces of shade fabric following color selection for approval. 1.04 SEQUENCING AND SCHEDULING A. Install shade structure support posts and foundations prior to concrete pad installation. B. Locate support footings and foundations outside of concrete pad area. Final location to be approved by Landscape Architect or Engineer. C. Coordinate work with other trades. FABRIC SHADE STRUCTURE © 2015 Stantec 1 1938031 13 1331 00-1 1.05 WARRANTY A. The Contractor shall provide a non - prorated manufacturer's warranty for the entire shade structure assembly for materials and installation. B. Warranty shall include all labor, materials, equipment necessary to repair /replace defective work and /or materials. Warranty shall include but not be limited to the following: 1. Replacement of defective fabric and stitching showing signs of stretching, tearing, mold, mildew, shrinkage or significant color change. 2. Repair /replacement of foundation supports and steel structures showing signs of deterioration, embrittlement, excessive rusting, or corrosion. C. Warranty period for the work shall be as follows: 1. Fabric materials including thread and stitching: 10 years from the date of Substantial Completion. 2. Steel structure: 10 years from the date of Substantial Completion. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Superior Shade B. Shade Systems, Inc. C. USA Shade and Fabric Structures D. Solar Shade USA 2.02 SHADE FABRIC A. Shade fabric shall be knitted of monofilament and high density polyethylene (HDPE) UV stabilized cloth manufactured by ALNET or approved equal. B. Fabric shall be manufactured from 100- percent high- density monofilament. No tape is permitted. C. Fabric shall provide minimum 94- percent UV protection /block and shall meet NFPA 701, 99 Test Method 2 and ASTM E -84 Class A Fire Ratings. D. All hems and seams shall be double rowlock stitched using exterior grade UV- stabilized polyethylene (PTFE) GORE Tenara sewing thread or approved equal. E. All fabric panel corners /attachment points and cable exit points shall be reinforced with a double layer of heavy duty 2 inch webbing. STRUCTURAL POSTS, FRAME TUBING AND FASTENING HARDWARE: 1. Use cold- formed and milled tubing meeting ASTM Al 35/A1 35M and ASTM A500 /A500M requirements. Minimum yield shall be 40,000 psi with a minimum tensile strength of 45,000 psi on all posts. 2. Weldments: Factory-weld all tubing members using Certified Welders meeting American Welding Society (AWS) specifications. All welded areas shall be prepped and shop coated with a zinc-,rich galvanized coating. FABRIC SHADE STRUCTURE 1331 00 -2 © 2015 Stantec 1 1938031 13 3. All steel components shall be hot - dipped galvanized per ASTM A -123 and powder coated with a minimum 4 mils thickness. Powder - coating shall meet or exceed ASTM standards for Adhesion, Hardness, Impact, Flexibility, Overbake Resistance, and Salt Spray Resistance. 4. All fastening hardware shall be stainless steel. 5. Color to be selected from manufacturer's standard color palette. 6. All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications. Welding procedures shall comply in accordance with the AWS Dl .1 -AWS Structural Welding Code - Steel. 7. No on -site welding of any component is allowed. 2.03 POWDER COATING A. All non - galvanized steel shall be sandblasted and primed prior to powder coating using brown fused aluminum oxide grit and the following primer. B. All non - galvanized steel must be coated with rust inhibiting primer prior to applying the powder coat. Primer shall be marine grade epoxy powder coating semi -gloss smooth zinc rich primer. C. Welds shall be primed with rust inhibiting primer prior to applying the powder coat. Primer shall be marine grade epoxy powder coating semi -gloss smooth zinc rich primer. D. All steel parts shall be coated for rust protection and finished with a minimum 3.5 mil thick UV- inhibited weather resistant powder coating. 2.04 HARDWARE A. Bolt and fastening hardware shall be determined based on calculated engineering loads. B. Support columns will be plated mounted on concrete foundations. All stainless steel bolts and hardware shall comply with ASTM A -304. Utilize Hilti bolt anchors and injectable mortar epoxy system for column base plate connection to footings as required. C. 1/4 inch dia. stainless steel wire rope shall be 7/19 strand with a breaking strength of 6,400 lbs. 5/16 inch dia. stainless steel wire rope shall be 7119 strand with a breaking strength of 9,000 lbs. D. All fittings required for proper securing of the cable shall be stainless steel. PART 3 EXECUTION 3.01 INSTALLATION A. Installations of shade structure (s) by an installer who shall comply with the manufacturer's instructions for assembly, installation, and erection, per approved shop drawings. B. The site shall be free of construction debris upon the completion of the project. 3.02 TRAINING A. Upon substantial completion of the work, provide Owner selected personnel, hands -on training on the proper removal and reinstallation of the shade fabric. END OF SECTION FABRIC SHADE STRUCTURE © 2015 Stantec 1 193803113 1331 00-3 This Page Left Blank Intentionally SECTION 13 51 13 SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES PART 1 GENERAL 1.01 SUMMARY A. Section includes: 1. Piping, fittings, hardware, valves, etc. All items shall be constructed of materials compatible for long term use (interior and exterior) for splash pads. 1.02 USE OF CITY WATER SYSTEM A. Any water use for the project will need to be coordinated and approved by the Owner. PART 2 PRODUCTS 2.01 PVC PIPING A. PVC piping for splash pad drainage piping and fittings. Piping shall be Schedule 40 PVC unless noted otherwise. Fittings shall be Schedule 40 injection molded. Manufactured in accordance with ASTM D2467 and ANSI /NSF Standard 61. 2.02 HDPE PIPING A. HDPE piping shall be provided for the water distribution lines to the splash pad spray features and winterization drain lines to drain manhole. Pipe material shall be DR] 3.5 (DRI I is also acceptable), high - density virgin polyethylene, PE4710 resin, and shall conform ASTM 3350 (Polyethylene Plastic Pipe and Fittings). Minimum density of piping shall be 58 Ibs /ft3. Maximum working pressure rating shall be at minimum 160 psi. B. All piping connections shall be by fusion welding. Welds shall be performed on the Site by personnel fully trained and experienced in the required procedures. C. Fitting Materials: 1. Material shall be high- density virgin polyethylene using PE4710 resin, and shall conform to ASTM 3350 (Polyethylene Plastic Pipe and Fittings). 2. Butt Heat Fusion Fittings shall conform to ASTM D3261. 3. Socket -Type fittings shall conform to ASTM 2683. 4. All fittings shall be manufactured, not field /shop fabricated. 5. Minimum density of fitting material shall be 58 Ibs /ft3. 6. Maximum working pressure rating shall be at minimum equal to the rating of the pipe. 7. Contractor shall provide connection transition fittings between components of different material, i.e. HDPE piping and steel /PVC piping /equipment /valves. Transition fittings shall have a maximum working pressure rating at minimum equal to the rating of the pipe. Fittings shall be compression /threaded type, constructed completely with non- metallic /stainless steel materials. Basis of Design Products: Poly -Cam (763) 786 -6682 or Central Plastics (800) 654 -3872. SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES © 2015 Stantec 1 1938031 13 1351 13 - 1 D. Tracer Wire: 1. The Contractor shall furnish and install a tracer wire on both sides of the trench for the splash pad supply piping between the building and the splash pad. The wire shall be taped to the bottom half of the pipe at 10 foot intervals and not allowed to "float freely" within the backfill. Tracer wire shall be 12 gauge minimum, copper - conductor wire with type OF (Underground Feed) insulation and shall be continuous along the pipe. 2. At the locations where the proposed splash pad supply piping trench starts at the splash pad equipment building and ends at each of the splash pads, the Contractor shall bring the tracer wire to the surface by means of a 2 -inch PVC pipe and connected to a tracer wire box at the surface. All tracer wire boxes shall be Valco, or approved equal. The Contractor shall insure that the wire attached to the tracer wire will have at least 1 foot of excess length at the connection and shall be clamped securely to the PVC pipe. 3. All splices required for the tracer wire shall be made using a direct bury lug. Twisting the wires together will not be acceptable. Plastic Underground Pipe Markers 1. The Contractor shall furnish and install red colored plastic ribbon tape along each side and at 3' intervals between each side of trench (es) for the splash pad supply piping and shall be placed 6 inches above the top of the supply pipes. The plastic ribbon tape shall be continuously printed tape, minimum 6 inches wide by 4 mils thick, manufactured for direct burial service. 2. Approved manufacturers include: W.H. Brady, Marketing Systems Inc., MSI, Seton Identification Products. 2.03 WATER SERVICE A. Copper Piping: 1. Above Grade Service: Type "L" hard drawn tubing with wrought copper solder fittings. 2. Buried Service: Seamless, rigid Type "K" water tube conforming to ASTM B88, joined using soldered joints. 3. Fittings shall be designed for working pressures up to 150 psig. Designed for connection to the service line by threads, brazing, compression, and /or flaring. B. Water Meter: Owner shall provide for installation by the Contractor a 2 -inch Water Meter. Provide all fittings, etc. as needed to install meter. Provide fittings or unions to accommodate easy removal. C. Backflow Preventer: 3 Inch Reduced Pressure Zone Backflow Preventer Assembly with strainer, Watts Model 957 or approved equal. D. Water Hammer Arrestor: 2 Inch Watts Series 15M2 -F Water Hammer Arrestor or approved equal. E. Pressure Reducing Valve: 3 Inch Watts Series N223 Pressure Reducing Valve or approved equal. F. Ball Valves: Full port, Apollo or approved equal. SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES 1351 13 -2 © 2015 Stantec 1 1938031 13 G. Pressure Gauges: McDaniel, United Instrument, Crosby, Ashcroft, US Gauge, Wika or approved equal, and shall conform as follows: 1. 4 inch diameter dial size, 304 stainless steel turret style case, internal threaded bezel, 1/2 inch connection size, 316 stainless steel connection material, standard bottom connection mounting, plexiglass window, aluminum with white background dial, black aluminum - micro adjustable pointer, phosphor bronze bourdon tube, 316 stainless steel movement, 1.0 percent of full scale accuracy, black mat finish, glycerin filled, solid front /blow -out back, restrictive type 316 stainless steel snubber using tiny needle valve orifice or metallic porous sponge type, gauge assembly shall be glycerin - filled. 2. Diaphragm seal shall be constructed of neoprene or any other equally flexible, fatigue resistant material with stainless steel housing and equipped with bleed screw on pumped water side of diaphragm seal. 3. Valves on gauge assemblies shall be quarter turn ball valves constructed with bronze body, stainless steel ball, and teflon seat. Approved Manufacturers: "Apollo" ball valves by Conbraco Industries, Inc., or approved equal. 4. Pipe Connection: Connected to pipe with male portion of quick coupler. H. Insulation: Insulate water service line inside Splash Pad Equipment Enclosure above grade. Armacell or approved equal. Armaflex closed -cell, nonwicking insulation with average thermal conductivity of 0.25 BTU -in per square foot per degree Fahrenheit per hour and 0.05 perm -inch water vapor transmission. Insulation shall comply with ASTM C534, Type I - Tubular Grade 1. Insulation at fittings shall be PVC pre - molded covers and jackets. All insulated pipe, fittings and accessories shall be protected with PVC jacket. General: 1. City to provide water meter for installation by Contractor. 2. Comply with all City and State requirements. 3. Licensed and approved contractor to install. 4. Test backflow preventer in accordance to state /local requirements. 5. Identify piping per state /local requirements. Identify direction of flow, label pipes upstream of backflow preventer as "Potable" and downstream as "Non- Potable ". Labels shall be Brady B -946 custom legend self- sticking markers and arrows, or approved equal. 6. Pressure test and disinfect water line per City requirements. 7. Brace and support piping to support and prevent sway with corrosion resistant materials. 8. Contractor shall furnish and install all couplings, adapters, unions, fittings, etc. as necessary to properly install all piping and accessories. 2.04 PIPE AND VALVE IDENTIFICATION: A. All non - buried splash pad related piping (play feature supply piping, drain lines, etc.) shall receive pipe markers as specified below: 1. Shall identify conveyed fluid and direction of flow. 2. Shall be Brady B -946 custom legend self- sticking markers and arrows, or approved equal. 3. Markers shall conform to ANSI and OSHA requirements for marker size, marker color, and legend size and color. SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES © 2015 Stantec 1 1938031 13 1351 13-3 B. Valve Tags: All valves shall be tagged with brass, non - ferrous metal or plastic laminated tags wired to the valve stem or otherwise attached to the valve being tagged. Fasteners shall be non - ferrous or otherwise corrosion - proof. 2.05 PIPE HANGERS, SUPPORTS, BRACKETS, ETC. A. Approved Manufacturers: Grinnell, Crane, or equal. B. Piping supports shall be located to minimize impact to access of equipment. C. Hangers, supports, brackets, etc. shall be manufactured from corrosion resistant materials and or painted & galvanized to provide corrosion resistance. Provide stainless steel supports and accessories at all buried locations. In addition to piping supports, provide additional supports as required for valves, valve extension stems, gauges, equipment, etc. Additional cross bracing shall be provided to securely support piping, prevent sway, vibration transmission, etc. 2.06 VALVE TAGS A. All valves shall be tagged with brass, non - ferrous metal or plastic laminated tags wired to the valve stem or otherwise attached to the valve being tagged. Fasteners shall be non- ferrous or otherwise corrosion- proof. PART 3 EXECUTION 3.01 GENERAL A. All equipment and piping shall be neatly arranged in an orderly manner for ease of operation and maintenance. Arrangement shall be as shown on the Drawings with minor deviations allowed where required for the size and configuration of the specific items of equipment to be used. All equipment shall be set level on concrete pads and nonferrous shims where necessary to correct for floor slope. B. All work shall be performed by skilled workmen experienced in splash pad /pool construction. All piping shall be neatly laid out and installed in accordance with the best construction practices. Care shall be taken to place all piping true to line and grade. All piping shall be pitched to drain to low points and be provided with convenient drain valves. C. PVC piping shall be pressure tested to not less than twice its operating pressure (with a minimum of 30 psi) for a minimum of 30 minutes with no drop in pressure and shall be totally without leakage. Contractor shall give Engineer adequate notice when pipe testing will be done so that either the Engineer or the Owner is given opportunity to witness the testing. Written certification of pipe testing shall be submitted to the Owner /Engineer. D. Polyethylene Piping Pressure Tests: 1. Piping shall be pressure tested before covering piping with granular fill and concrete. Provide shutoffs at play features as needed to complete pressure testing. 2. The Owner /Engineer shall be given opportunity to witness the testing. Provide 3 days notification to the Owner /Engineer. 3. Testing Procedure: a. Fill the piping system with water and bleed off any trapped air. SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES 1351 13 -4 © 2015 Stantec 1 1938031 13 b. Apply a pressure of 60 psig to the entire piping system over a period of 3 hours. Add water to the system on an hourly basis to maintain the test pressure. c. After testing preparation is complete, maintain a pressure of 60 psig over a 3 -hour period. Water shall not be added during this step. d. After the 3 -hour testing period, drop the test pressure to 50 psig for I hour. The pressure shall then remain within 5 percent of the target pressure to indicate no leakage in the system. e. After the testing has been witnessed and approved, relieve pressure from the system. f. Before covering piping with granular borrow and concrete, the system shall be pressurized to 50 psig and maintained at that pressure during placement of sand or concrete to provide visible evidence that the piping has not been damaged due to the placement process. g. Pressure shall not continuously be applied to the system for more than 8 hours at 1.5 times the system pressure rating. E. Pipe Identification: Place flow direction arrows at each pipe identification point. Pipe identification shall be placed as follows: 1. Pipe identification shall be provided on all branch lines of all header pipes and at each change of direction. 2. Pipe identification shall be provided on all header lines between branches. 3. In no case, on all piping, shall pipe identification exceed a 20 -foot spacing. F. Identify valves with tags bearing system identification and a valve sequence number. Provide a typewritten laminated valve schedule indicating the valve number and the equipment or areas supplied by each valve. Provide schedule in each Operation and Maintenance Manual. G. The Contractor shall install all necessary piping in general accordance with the Drawings. H. All piping shall be pitched to provide positive gravity drainage of the entire system for winterization. I. The pipe interior must be kept clean before being installed. J. Pipe openings shall be closed with caps or plugs during installation. Equipment and features shall be tightly covered and protected against dirt, water and chemical or mechanical injury. At the completion of work the fittings, materials and equipment shall be thoroughly clean and adjusted for proper operation. K. All piping must be properly supported. L. Pipe bedding shall be as shown on the Drawings. The bedding shall be such that a uniform bearing and support is provided at the required line and grade on a solid bottom at every point along the pipe. Special care shall be taken to ensure that all backfill material be free of debris which could damage piping. 3.02 BURIED PIPING A. Buried pressure piping shall have concrete thrust blocks or alternative approved method. SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES © 2015 Stantec 1 1938031 13 1351 13-5 Trench Excavation: 1. Contractor shall dig the trench to the alignment shown on the Drawings. The trench shall be sufficiently straight to permit the pipe to be laid true to line in the approximate location of the trench as indicated on the Drawings. 2. Contractor shall excavate, brace, sheet, and drain the trench so that workmen may work safely and efficiently therein as required by OSHA Regulations. 3. Contractor shall discharge dewatering pumps to the natural drainage channels. 4. The trench width may vary and will depend upon the depth the trench, the diameter and number of pipes to be laid, and the nature of the material to be excavated. Trench widths, side slopes, and trench bracing and sheeting shall conform to the regulations of OSHA and appropriate state and local agencies. C. Preparation of Trench Bottom: 1. The trench shall not have standing water when trench bottom is prepared or when pipe is laid. 2. Excavate bell or flange holes if so required, so that after placement only the barrel of the pipe receives bearing pressure from the trench bottom and the pipe is true to line and grade. D. Pipe Bedding Material shall be granular material complying with the following: 1. Material shall consist of sand and sand - gravel, free of debris, salvaged concrete, salvaged bituminous mixture, large boulders, clay, or silt. All material shall pass the f - inch sieve and shall conform to the following gradation requirements: Sieve Size Percent Passing #4 5 to 100 #10 20 to 80 #40 5 to 35 #200 0 -5 E. Pipe Laying: 1. Pipe shall be carefully lowered into trench piece by piece in such a manner as to prevent damage to materials and protective coatings. Under no circumstances shall pipe materials be dumped into the trench. 2. Before lowering and while suspended, inspect the pipe for defects and coating damage. Any defective, damaged, or unsound pipe shall be rejected and removed from the Project Site. 3. Remove all foreign matter or dirt from the inside of the pipe before it is lowered into its position in the trench and keep the pipe clean by approved means during and after laying. 4. Bed every pipe uniformly throughout its entire length. Backfill at and above Pipe Zone: 1. Contractor shall place granular backfill the trench simultaneously on both sides of the pipe for the full width of the trench in 6 inch lifts to a point 12 inches above the pipe. 2. Compact bedding and backfill materials to a density equal to or greater than 98 percent of maximum density, Standard Proctor Test. 3. The pipe zone extends from the bottom of the trench to a point 12 inches above the top of the pipe. END OF SECTION SPLASH PAD PIPING, VALVES, FITTINGS, AND SPECIALTIES 1351 13 -6 © 2015 Stantec 1 1938031 13 SECTION 26 05 05 BASIC ELECTRICAL MATERIALS AND METHODS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. References used in electrical and control Specifications. 2. Regulatory requirements for electrical construction. 3. Requirements of equipment and materials. 4. Workmanship. 1.02 REFERENCES A. ANSI - American National Standards Institute 1. C2 - National Electrical Safety Code. 2. C62.41 -IEEE -Recommended Practice for Surge Voltages in Low - Voltage AC Power Circuits. B. EPA - Environmental Protection Agency C. ICEA - Insulated Cable Engineers Association 1. S -95 -658 - Thermoplastic - Insulated Wire and Cable. 2. S -65 -375 - Rubber - Insulated Wire and Cable. D. IEEE - Institute of Electrical and Electronic Engineers 1. 112 -Standard Test Procedure for Polyphase Induction Motors and Generators. 2. 519 - Recommended Practices and Requirements for Harmonic Control In Electric Power Systems. E. LPI - Lightning Protection Institute 1. LPI175 - Lightning Protection System Installation Standard. F. NECA - National Electrical Contractors Association 1. NECA 1 - Standard Practices for Good Workmanship In Electrical Contracting. G. NEMA - National Electrical Manufacturers Association 1. TC 2 - Electrical Polyvinyl Chloride (PVC) Tubing and Conduit. 2. MG 1 - Motors and Generators. 3. PB 2 - Deadfront Distribution Switchboards. 4. ICS 2 - Industrial Control and Systems: Controllers, Contactors, and Overload Relays, Rated Not More Than 2,000 Volts AC or 750 Volts DC. 5. 250 - Enclosures for Electrical Equipment (1,000 Volts Maximum). 6. WC 5 - (See ICEA S -95 -658). 7. WC 7 - (See ICEA S -95 -658). H. NFPA - National Fire Protection Association 1. NFPA 70 - National Electrical Code. BASIC ELECTRICAL MATERIALS AND METHODS © 2015 Stantec 1 1938031 13 260505-1 I. OSHA - Occupational Safety and Health Administration 1. 29 CFR 1910 - Occupational Safety and Health Standards. J. UL - Underwriters Laboratories, Inc. 1. UL -6 - Rigid Metal Conduit. 2. UL -83 - Thermoplastic - Insulated Wires and Cables. 3. UL -96 - Lightning Protection Components. 4. UL -360 - Liquid -Tight Flexible Steel Conduit. 5. UL -467 - Electrical Grounding and Bonding Equipment. 6. UL 486D - Insulated Wire Connector Systems for Underground Use or In Damp or Wet Locations. 7. UL -508 - Industrial Control Equipment. 8. UL -651 - Schedule 40 and 80 Rigid PVC Conduit. 9. UL -797 - Electrical Metallic Tubing. 10. UL -810 - Capacitors. 11. UL -891 - Dead -Front Switchboards. 12. UL -913 - Intrinsically Safe Apparatus and Associated Apparatus for Use In Class I, II, and III, Division 1, Hazardous (Classified) Locations. 13. UL -935 - Fluorescent -Lamp Ballasts. 14. UL -1008 - Transfer Switch Equipment. 15. UL -1012 - Power Units Other Than Class 2. 16. UL -1029 - High - Intensity- Discharge Lamp Ballasts. 17. UL -1449 - Surge Protection Devices. 18. UL -1479 - Fire Tests of Through- Penetration Firestops. 19. UL -1572 - High Intensity Discharge Lighting Fixtures. 1.03 REGULATORY REQUIREMENTS 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. 1.04 INSTRUCTIONS AND PARTS LITERATURE A. Instruction and parts literature are generally packed with electrical equipment and devices. Contractor shall remove this literature from the packing container or equipment enclosure, identify the literature 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. B. Contractor shall establish a procedure with the other trades for receiving, identifying, and filing literature for devices which are removed from their packaging and installed by other trades. Literature shall be provided as outlined above. 1.05 SUBMITTALS A. Submittals for equipment provided by the Electrical Contractor shall bear a stamp or specific written certification from the Electrical Contractor, certifying the submittals have been reviewed. BASIC ELECTRICAL MATERIALS AND METHODS 260505 -2 © 2015 Stantec 1 1938031 13 B. Submit the following items consistent with the requirements set forth in the Contract Documents . Refer to each Section under Division 26 for additional submittal requirements particular to that Section. C. Shop Drawings and Manufacturer's Information: 1. Product Data Sheets a. Product and component data sheets which describe all equipment and devices to be provided. b. Include all features specified. c. Provide dimensioned prints with weights. d. Highlight or otherwise accentuate on each data sheet the specified product features and product numbers. PART 2 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A. All electrical and control equipment and materials shall be provided as specified in the Contract Documents. B. All equipment and materials shall be new and shall bear the Underwriters Laboratories (UL) label if such products are listed by UL. C. Where applicable, equipment and materials shall conform to ANSI, ICEA, IEEE, and NEMA Standards. PART 3 EXECUTION 3.01 WORKMANSHIP A. All Work shall be performed in a neat and workmanlike manner consistent with the high quality standards of the electrical trade. "A neat and workmanlike manner" shall be as required by NFPA 70 and shall conform to NECA 1, Standard Practices for Good Workmanship in Electrical Contracting. Each electrician shall be knowledgeable and well - trained in the particular tasks to be performed. 3.02 EQUIPMENT MOUNTING A. Unless noted otherwise, equipment which is not free - standing shall not be mounted on wood panels, but shall be attached to concrete or masonry walls, support channels, or building structural steel. 3.03 IDENTIFICATION A. Nameplates shall be used to identify all field devices. B. All nameplates shall be engraved phenolic nameplates attached with stainless steel screws or a permanent stamped brass tag. 3.04 RECEIVING AND STORING EQUIPMENT A. All equipment shall be handled and stored in accordance with the manufacturer's instructions. BASIC ELECTRICAL MATERIALS AND METHODS © 2015 Stantec 1 1938031 13 260505-3 B. In general, equipment packaging is not designed to protect the contents for outdoor storage. As a minimum, Contractor shall store the equipment prior to installation in a clean, dry location free from excessive temperatures, humidity, or foreign materials normally encountered at a Site. If the storage facility is unheated, Contractor shall provide heating to protect equipment from condensation, which could cause components to corrode or to be otherwise damaged. END OF SECTION BASIC ELECTRICAL MATERIALS AND METHODS © 2015 Stantec 1 1938031 13 260505-4 SECTION 26 05 119 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. 600 -volt wire and cable. 2. Terminals and connectors. 3. Installation. 4. Splices and terminations. 5. Identification. 1.02 SUBMITTALS A. Product data sheets shall be submitted for all wire and cable. PART 2 PRODUCTS 2.01 600 -VOLT WIRE AND CABLE A. Feeder and Branch Circuit Wire. 1. Stranded copper conductor. 2. XHHW insulation. B. Insulation of all wire shall conform to ICEA S -95 -658, NFPA 70, and UL -83. C. All Wire and Cable Shall Be 1. New and coiled or on reels. 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. 2.02 TERMINALS AND CONNECTORS A. Tool compressed terminals and connectors shall be made of 1 piece seamless highly conductive copper with a uniform tin -plate coating to minimize corrosion. B. Step -down adapters shall be copper compression type. C. Electrical spring connectors: 1. Manufacturer: 3M "Scotchlok" or "Ranger," Ideal "Wing- Nut ". D. Fork Terminals: 1. Vinyl or nylon self- insulated locking type. 2. Terminal insulation that supports wire insulation. 3. Manufacturer: Thomas & Betts Type FL, Burndy Type TP -LF, Panduit Type PNF, 3M Type MNG. E. Electrical Tape: 1. UL Listed. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2015 Stantec 1 1938031 13 2605 19 - 1 2. Weather resistant. 3. Moisture resistant vinyl. 4. Rated for the voltage system which it is applied. 5. Temperature rating suitable for the application on which it is applied. F. Waterproof kits shall be utilized for all outdoor below -grade splices and connections as follows. 1. Heavy wall, heat shrinkable with interior coating of hot melt adhesive - sealant. Tubing shall be chemically cross linked, thermally stabilized polyolefin. 2. UL listed (UL- 486D). 3. Manufacturer: 3M - ITCSN, or equal. 2.03 WIRE COLOR CODING A. Contractor may use color coding at his discretion, except for the following colors, which shall be used only as designated below for both power and control circuits. 1. Control Circuits a. Dark Blue - Direct current circuits. b. Light Blue - Intrinsically safe conductors. c. Green - Grounding conductor. d. White - Neutral conductor. 2. Power Circuits (Use solid colors through Size No. 8 AWG. Use black conductors with i -- -- 1- . :14 Klr A AWC"; rinr1 InrnPrl v yVoltage 120/240 208Y/120 480Y/277 a. Phase A Black Black Brown b. Phase B Red Red Orange C. Phase C Blue Yellow d. Neutral White White Gray e. Ground Green Green Green 2.04 CONDUCTOR PULLING COMPOUND A. Rated for use with the conductor insulation and conduit material. B. Non - conductive. C. Non - cementing. D. Dry to a fine lubricating powder or a thin film which does not harden in conduit. E. UL Listed. F. Rated for repeated exposure to high heat or freezing temperatures. PART 3 EXECUTION 3.01 INSTALLATION A. All wire shall be installed in the specified raceways. LOW VOLTAGE ELECTRICAL POWER CUNUUC_IUK,) 1-\NU �.HDLr3 © 2015 Stantec 1 1938031 13 260519-2 B. Wire pulling shall be performed through the system in such a manner as to not exceed the maximum tensile strength of the cable being pulled as allowed by the NFPA 70 and /or cable manufacturer. All handling and installation of wire and cables shall be done by competent and skilled workmen who shall use methods which will prevent damage to the wire and cable. C. Pulling compound shall be approved by the cable manufacturer. D. Adequate measures shall be employed to determine that the raceways are free of foreign material and moisture before pulling wire or cable. E. Any conductor used for equipment grounding purposes shall be green in color, unless it is bare. Conductors with white or green covering shall not be used to indicate other than neutral or grounding. This limitation applies to all power and control circuits. F. Conductors shall be without splice from termination to termination, unless indicated otherwise on the Contract Documents. G. Conductors for ac and do circuits shall be installed in separate conduits. 3.02 SPLICES AND TERMINATIONS A. All splices, taps, and terminations shall be made with tool compressed connectors. Contractor shall provide all wire connectors, lugs, and terminals, unless indicated otherwise. B. Bolted compression lugs furnished as an integral part of the equipment shall be used to terminate the conductors to that equipment. C. Electrical spring connectors shall be used for splices and taps in lighting and 120 -volt receptacle circuits. D. All control wiring shall be terminated to terminal strips at both ends with fork terminals. Spare wires in control panels shall be terminated to spare terminals. Spare wires in motor control centers shall be coiled by respective conduit, labeled, and shall be long enough to reach the compartment furthest from conduit. E. Every bolt, lug, and screw termination shall be tightened with a torque wrench or torque screwdriver to the torque values specified in UL Standards and /or as specified by the device manufacturer. END OF SECTION LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES © 2015 Stantec 1 1938031 13 2605 19-3 This Page Left Blank Intentionally SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Grounding Electrode System. B. System and Equipment Grounding. C. Installation. PART 2 PRODUCTS 2.01 WIRE A. Class B stranded copper; either bare or with green insulation. B. Size shall be as specified herein and as indicated in the Contract Documents. 2.02 GROUND RODS A. 3/4 inch by 10 -feet copperweld, unless noted otherwise. 2.03 CONNECTORS AND TERMINATORS A. Tool- compressed connectors and lugs which are UL listed (UL -467). 1. Manufacturer: Burndy "Hyground ", Thomas & Betts "Blackburn" Series, or equal. B. Bar taps for connection to bus bars which are UL listed (UL -467). 1. Manufacturer: Burndy, Thomas & Betts "Blackburn" Series, or equal. C. Exothermic welding components. 1. Manufacturer: Continental Industries "Thermoweld ", Erico Products "Cadweld," or equal. D. Ground clamps shall be UL listed (UL- E10661) cast high strength corrosion resistant copper alloy. 1. Manufacturer: Burndy, Thomas & Betts "Blackburn" Series, or equal. PART 3 EXECUTION 3.01 INSTALLATION A. An equipment grounding conductor shall be installed with each circuit, included but not limited to feeder circuits, motor circuits, lighting circuits, and control circuits. Conductor shall be connected to the equipment ground bus or to the enclosure if there is no ground bus. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS © 2015 Stantec 1 1938031 13 260526-1 3.02 SPECIAL REQUIREMENTS A. Contractor shall determine if there are any other special grounding requirements for equipment furnished on this Project and shall provide grounding. as recommended by the manufacturer. B. Equipotential bonding grid shall be established for the splash pads and deck area. Bonding shall be provided as shown on the drawings and as required per NEC. Not all bonding is shown on the drawings. 3.03 SPLICES AND TERMINATIONS A. In general, splices and terminations of the grounding electrode system shall be brazed, shall be exothermic welded, or shall be made with tool- compressed fittings. B. Connections to bus bars or equipment enclosures shall be made with tool- compressed lugs which are bolted to the equipment or with bar taps. C. Connections to ground rods shall be exothermic welded. Provide adapter sleeves as required for #6 AWG conductors or smaller. END OF SECTION GROUNDING AND BONDING FUK LLLUIM -AL �)T3ir -M3 © 2015 Stantec 1 193803113 260526-2 SECTION 26 05 33 RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Conduit. 2. Conduit fittings. 3. Conduit accessories 4. Underground warning tape. 5. Pull and junction boxes. 6. Fire stop material. 7. Execution /Installation. 1.02 SUBMITTALS A. Product data sheets for each type of conduit. B. If the Contractor elects to use HPDE conduit, provide the manufacturer's recommend procedures, instructions, materials and equipment for splicing /coupling the conduit. PART 2 PRODUCTS 2.01 RIGID METAL CONDUIT A. Steel 1. Galvanized inside and outside. 2. NFPA 70, Article 344. 3. UL Listed. 2.02 RIGID METAL CONDUIT FITTINGS A. Threaded couplings and fittings only; no set screw, gland type, or split fittings. B. Grounding type insulated bushings; O -Z /Gedney Type BLG, or equal. C. Insulated bushings; Midwest Electrical Mfg. Co., O -Z /Gedney Type B, or equal. D. Sealing locknuts; Midwest Electrical Mfg. Co., RACO, or equal. E. Expansion Fittings 1. 4- inches conduit movement. 2. External bonding jumper. F. Pull Fittings (C, LB, etc.): Clamp type, stamped covers with gaskets and stainless steel screws and clamps. G. Conduit Hubs 1. Full contact type with sealing "O" ring. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2015 Stantec 1 1938031 13 26 05 33 - 1 2. Myers "Scru- tite," or equal. H. Material: Fittings, hubs, etc. shall be galvanized steel for galvanized steel conduit and copper free aluminum for aluminum conduit. I. Corrosion Resistant Coatings: 1. Pretreatment: a. Carboline Carbocrylilc 120 (for both steel and aluminum conduit), or equal 2. Coating: a. Carboline Bitumastic 300M. b. 3M Scotchrap Pipe Primer and wrapped with 3M Scotchrap Corrosion Protection Tape. 2.03 RIGID NONMETALLIC CONDUIT AND FITTINGS A. EPC -40 -PVC and EPC -80 -PVC. B. Sunlight resistant. C. NEMA TC2. D. NFPA 70, Article 352. E. UL Listed. F. Manufacturer: Carlon, CertainTeed, or equal. 2.04 LIQUIDTIGHT FLEXIBLE METAL CONDUIT A. Galvanized steel core. B. Built -in continuous copper ground in 1/2 inch through 1 -1 /4 inches. C. PVC jacket. D. NFPA 70, Article 350. E. UL listed. F. Manufacturer: Amer -Tice Type UL, Anamet Anaconda Sealtite Type U.A., Electri -Flex Liquatite Type L.A., or equal. G. Connectors 1. Grounding ferrule and insulated throat. 2. Manufacturer: Appleton STB, Crouse -Hinds LTB, Midwest Electric LTB, or equal. H. Grounding liquid tight connectors: 1. Grounding ferrule and insulated throat. 2. Ground lug cast as integral part of iron gland nut. 3. Manufacturer: Appleton, Efcor Brand, O- Z /Gedney, or equal RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 -2 © 2015 Stantec 1 1938031 13 2.05 UNDERGROUND WARNING TAPE A. 6 inches wide, 4 -mil polyethylene film. B. Vivid, opaque, long- lasting red color with bold, black letters. C. Lettering 1. Top line - "...CAUTION CAUTION CAUTION..." 2. Bottom line - "...ELECTRIC LINE BURIED BELOW..." D. Seton Name Plate Corp. No. 210 ELE, EMED Co. Stock No. UT27737 -6, or equal. 2.06 PULL AND JUNCTION BOXES A. Covers attached with hinges and stainless steel screws located within 1/2 inch of each corner opposite the hinges and spaced not more than 12 inches apart. B. Neoprene gasketed covers. C. Sized per NFPA 70 with enough capacity to add to each side at least 2 conduits of the same size as the largest conduit entering the box. D. Square cornered masonry type boxes, 2-1/2 inches minimum depth, shall be used for all flush switches and receptacles in glazed tile, face brick, and unfinished block walls. E. Weatherproof die -cast aluminum boxes with threaded outlets for all surface mounted outlets; Bell (Raco), or approved equal. F. Galvanized fittings and boxes for EMT conduit. 2.07 DUCT SEALING COMPOUND A. Soft, fibrous, slightly tacky, non - hardening, and easily applied by hand at all working temperatures. B. Clean and non - staining. C. J.M. Clipper Corp. Duxseal, O -Z /Gedney DUX, or equal. 2.08 CONDUIT CLAMPS A. Conduit clamps for rigid metal conduit shall be malleable iron, 1 -hole clamp with malleable iron clamp backs; Crouse -Hinds MW500 Series, Raco 1303/1324, Appleton CL75M /600M, or equal. 2.09 CONDUIT SEALS A. Conduit seals shall be provided wherever conduits penetrate exterior concrete walls below grade, or cross hazardous location boundaries. 1. For conduits less than 60 inches below grade; OZ /Gedney Type FSK, or equal. 2. For conduits more than 60 inches below grade; OZ /Gedney Type WSK, or equal. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2015 Stantec 1 1938031 13 260533-3 PART 3 EXECUTION 3.01 CONDUIT INSTALLATION A. All raceways shall be installed in accordance with NECA 1, Standard Practices for Good Workmanship in Electrical Contracting, and as specified herein. B. Conduit size shall be as shown on the Drawings or as required by the NFPA 70 with a minimum size of 3/4 inch, except that 1/2 inch may be used to connect to devices which have a knock -out or fitting for only 1/2-inch conduit. C. Pull boxes or fittings shall be installed as Site and pulling requirements dictate. D. Conduit types: 1. Interior, Concealed (Non- Corrosive): a. Rigid steel. b. EMT. c. Liquidtight flexible metal conduit shall be used to connect from the rigid conduit system to equipment and devices if a rigid connection is improper or impractical. 2. Exterior, Exposed: a. Rigid steel. 3. Interior, Exposed (Non - Corrosive): a. Rigid steel. b. Liquidtight flexible metal conduit shall be used to connect from the rigid conduit system to equipment and devices if a rigid connection is improper or impractical. 4. Direct Earth Burial: a. PVC Schedule 40 1) Rigid steel conduit shall be used for the vertical elbow and riser out of the ground. b. HPDE conduit may be used for underground conduit runs longer than 50 feet. 5. Aboveground, Embedded in Concrete Walls, Ceilings, or Floors: a. PVC Schedule 40. 6. Under Slabs -On- Grade: a. PVC Schedule 40. E. Rigid metal conduit installed underground or through concrete shall have a corrosion resistant coating or covering. F. Conduits or groups of conduits shall run parallel to or perpendicular to building lines. Grouped conduits shall be supported at proper intervals with trapeze or bracket type hangers constructed of galvanized Unistrut, Power - Strut, or equal. All hangers, fasteners, nuts, etc. shall be galvanized steel or stainless steel. Support fasteners shall be preset inserts, beam clamps, expansion shields, or gun- driven studs. G. Conduit and Penetration Sealing 1. Any conduit run which goes through an exterior building wall or between rooms of more than 30 degrees F difference in temperature shall be sealed internally with duct sealing compound at the point where they leave the room. 2. All penetrations thru fire rated walls shall be sealed according to NFPA 70, Article 300.21. H. No raceways, fittings, outlets, junction boxes, or pull boxes shall be attached to grating; they shall be connected to supports which are attached to structural members. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 260533 -4 © 2015 Stantec 1 1938031 13 All pull and outlet boxes shall be set plumb. Boxes for concealed wiring shall be flush with the finished surface. All boxes shall be UL listed for the location in which they are installed. J. Expansion fittings shall be installed at building expansion joints and where the length of straight run requires it. K. All conduits shall be kept dry and free of water or debris with pipe plugs or caps. L. Conduit and boxes shall not be attached to or suspended from equipment or mechanical ductwork. Where box or conduit must be mounted below ductwork, provide a structural channel support which is suspended from the ceiling or bracketed from a wall. Attachments to equipment shall be directly to the electrical devices associated with it. M. Conduit terminations to terminal boxes, cabinets, and enclosures shall have double locknuts and insulated bushings. External locknuts shall be sealing locknuts. N. All conduits which enter major equipment, such as the service entrance switchboard and motor control centers, shall have grounding type insulating bushings. O. Conduit terminations to outdoor or below ground NEMA 3R, 4, and 4X terminal boxes, pull boxes, cabinets, and enclosures shall use full contact hubs. P. Liquidtight flexible metal conduit 1 -1 /2 inches and larger shall have an external bonding jumper sized in accordance with NFPA 70. 1. Grounding liquidtight connectors may be used in lieu of the grounding clamp on the conduit. Q. Underground conduit runs shall have a minimum cover of 2 feet, and shall be rigid nonmetallic conduit, unless noted otherwise; 1. Conduit shall be sloped to drain to handholes or pull boxes. R. Contractor shall do all trenching for underground conduit with a minimum size trench. 3 inches of sand shall be placed below and above buried conduit in trench. All fill material shall be placed in 12 -inch lifts and compacted to 90- Percent Standard Proctor Density. Underground warning tape shall be laid in the trench approximately 9 inches below the surface. S. A nylon pull cord shall be installed in each empty conduit. T. Only raceway types which are specified in this section shall be used. U. The roadway, sidewalk, or grade beneath which conduit is routed shall be restored to its original or better condition. 1. Provide grading, soil, and seeding or sod to restore turf to original or better conditions. 2. Coordinate type of soil, seeding and /or sod with Owner to match existing. 3.02. OPENINGS A. Contractor shall review the size and location of all openings to be sure they meet the requirements of the equipment that is furnished and /or installed as a part of this Contract. Contractor shall be responsible for providing all required openings necessary for a complete installation. All required openings are not shown on the Drawings. RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS 2015 Stantec 1 1938031 13 260533-5 B. All openings shall be filled with an approved sealant, caulking, or grout after the conduit or cable installation is complete. END OF SECTION RACEWAYS AND BOXES FOR ELECTRICAL SYSTEMS © 2015 Stantec 1 1938031 13 260533-6 This Page Left Blank Intentionally This Page Left Blank Intentionally SECTION 31 00 00 EARTHWORK PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Site excavation, backfill, and grading. 2. Topsoil salvage and replacement. 1.02 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product data for each borrow material, include the following: a. Name and location of source. b. Laboratory Classification (ASTM D2487). c. Results of Gradation Tests (ASTM D422 or ASTM C136). d. Compaction Curve (ASTM D698 or ASTM D1557). 2. Field quality control test results consistent with Section 01 40 00 and as described herein. 1.03 QUALITY ASSURANCE A. A Soil Testing Consultant /Geotechnical Engineer will be designated by the Owner to provide field density tests. B. Costs of initial testing will be paid by the Owner. Any retesting required because of failure to meet density requirements shall be paid for by the Contractor. 1.04 SEQUENCING AND SCHEDULING A. All erosion control measures must be in place prior to commencement of excavation operations. 1.05 SITE CONDITIONS A. Soil borings and a geotechnical report have been completed for the Site. The Boring Logs are included in a Geotechnical Report that is included in this Project Manual. B. Contractors shall make Site visits prior to Bidding to current site conditions and to determine the level of work required. C. Protect existing pavements, lawns, trees, sidewalks, trails, structures, utilities, and other features to remain from damage by Work of this Section. In the event of damage, immediately make all repairs and replacements necessary subject to the approval of the Owner and Engineerand at no additional cost to the Owner. EARTHWORK © 2015 Stantec 1193803113 31 0000-1 PART 2 PRODUCTS 2.01 GENERAL FILL A. Material shall be sound soil material free of debris, boulders, organics, or other material which may prevent required compaction. B. Onsite excavated material shall be used for general fill provided it does not contain significant organic content, oversized materials, or other deleterious materials. C. These materials may be used for the following: 1. General fill at locations outside the building and away from structures /hard surfaces. 2.02 GRANULAR FILL A. Granular fill shall be provided to a depth of 36" below the splash pads and then sloped up at approximately a 1:1 slope beyond the edge of the splash pads. B. Material shall be granular material complying with the following: 1. Material shall consist of sand and sand - gravel, free of debris, salvaged concrete, salvaged bituminous mixture, large boulders, clay, or silt. All material shall pass the 1 -inch sieve and shall conform to the following gradation requirements: Sieve Size Percent Passing #4 5 to 100 #10 20 to 80 #40 5 to 35 #200 0 -5 C. The Owner has approximately 250 cubic yards of suitable granular fill stockpiled at an off - site location that is available for use by the Contractor for the project. If the Contractor is interested, coordinate with Owner and the Owner will have material trucked to the site and stockpiled for use by the Contractor. 2.03 COARSE FILTER AGGREGATE A. Conform to the requirements of Section 33 46 00. 2.04 GENERAL TOPSOIL A. The Owner has stockpiled topsoil onsite in area north of the splash pad for use by the Contractor when completing final grading of the site. If additional topsoil is requires it shall be obtained from an off Site source and shall comply to the requirements of Section 32 92 00. 2.05 PREMIUM TOPSOIL BORROW FOR PLANTING BEDS A. Conform to the requirements of Section 32 93 00. EARTHWORK 31 0000-2 © 2015 Stantec 1193803113 PART 3 EXECUTION 3.01 SITE PREPARATION A. Contractor shall visit the site to gauge the quantity of topsoil that the Contractor may wish to utilize at turf locations. B. See Section 01 57 13 for erosion and sediment control requirements. C. Provide protection around all existing trees. 3.02 GENERAL A. Cut, fill, and grade Site to elevations and contours indicated on the Drawings with allowances for concrete decking, finish grading, topsoil, turf establishment, etc. Slope grades to insure temporary and permanent Site drainage. B. Spread minimum depth topsoil for turf areas per Section 32 92 00. C. Remove all construction debris and cleanup Site prior to fine grading. D. Fine grade Site for turf establishment operations. Hand shaping is required adjacent to the buildings, decks, and other structures. Allow for thickness of sod and keep sod 1 inch below paved surfaces. E. Silty and clayey soils may be moisture and disturbance sensitive, and could become unstable if allowed to increase in moisture content or are disturbed (rutted) by construction traffic. Scarification and drying or use of specialized equipment may become necessary. Proper drainage should be maintained during construction. F. Compact native soil at bottom of excavation prior to placement of fill or footings. Scarify and moisture condition the existing sub -grade material as deemed necessary by the Geotechnical Engineer /Soil Testing Firm and /or the Engineer. 3.03 UTILITY EXCAVATION AND FILL A. Conform to the requirements of Section 13 51 13, 3.04 GENERAL BACKFILL AND COMPACTION A. Conform to lines and grades shown on the Drawings. Slope grades to insure both temporary and permanent drainage away from the structures. B. Backfill beneath concrete floor slabs and aprons shall be graded to a tolerance of 1/4 inch prior to placing concrete. Low areas may be filled with concrete at no additional cost to the Owner. C. Keep placement surfaces free of debris, foreign materials, or frozen soil. Do not place fill in temperatures below 25 degrees F. D. Backfill mmaterial shall be placed in maximum 8 -inch lifts. EARTHWORK © 2015 Stantec 1 1938031 13 31 0000-3 E. Hand- operated compaction equipment only shall be used within 10 feet of below grade walls. Heavy compaction machinery shall not travel or operate within this distance. 3.05 GROUNDWATER CONTROL A. Fluctuations in the level of the groundwater can occur due to variations in rainfall, temperature, spring thaw, and many other factors. B. The Contractor shall include in the Base Bid the costs of pumping water including permitting, including but not limited to natural groundwater, perched water zones, and surface runoff. C. Location of dewatering discharge shall be approved by the regulatory authorities, Owner and Engineer prior to dewatering operations. D. Refer to Geotechnical Report for additional information. 3.06 MATERIAL BALANCE A. The Contractor shall be responsible for the import or export and disposal off -site of soil, topsoil, or granular material as necessary to achieve the final grades as shown on the Drawings. END OF SECTION [hR 1 n vvvnN © 2015 Stantec 1193803113 31 0000-4 SECTION 32 11 23 AGGREGATE BASE COURSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for aggregate base course on a prepared subgrade. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2211 -Aggregate Base. 2. 3138 -Aggregate for Surface and Base Courses. 1.03 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.04 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Aggregate backfill has been placed, compacted, shaped, graded, and checked for conformance to line and grade tolerances (string line). PART 2 PRODUCTS 2.01 MATERIALS A. Pathway or Sidewalk: 1. Aggregate Base: 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. Compaction shall be obtained by Specified Density Method, by mechanical means to 100 Percent Standard Proctor Density, or by the Penetration Index Method as directed by the Engineer. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. AGGREGATE BASE COURSES © 2015 Stantec 1 1938031 13 32 11 23-1 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. The following are minimum testing rates: 1. 1 gradation test per 500 ton of material placed. 2. 1 density test per 2,000 square yards of gravel surface. 3. 3 DCP tests per Project. B. The Owner will not allow a "Roll Test" as a method of measuring acceptance of the final aggregate base surface. C. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method, prior to approval and placement of bituminous surface. Grade shall be ± 0.03 feet of grade 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required to eliminate nuisance conditions for adjacent properties. END OF SECTION © 2015 Stantec 1 193803113 AGGREGATE BASE COURSES 3211 23-2 SECTION 32 13 13 CONCRETE PAVING PART 1 GENERAL 1.01 SUMMARY A. Section includes: 1. Construction of cast -in -place concrete splash pads, spray feature footings, decks, sidewalks, etc. 2. Integrally colored concrete admixtures. 3. Curing and sealing of concrete. 4. All necessary formwork, reinforcing, accessories and backfilling. 5. Hydraulic cement repair mortar for spray feature supply drains to the winterization manhole. 1.02 REFERENCE A. Codes and Reference Standards: Comply with the provisions of the following codes, specifications, and standards, except as otherwise specified: 1. American Concrete Institute (ACI): a. 301 "Specification for Structural Concrete for Buildings." b. 302 IR "Recommended Practice for Concrete Floor and Slab Construction." c. 303.1 "Standard Specification for Cast -In -Place Architectural Concrete." d. 304 "Recommended Practice for Measuring, Mixing, Transporting and Placing of Concrete." e. 305R "Recommended Practice for Hot Weather Concreting." f. 306R "Recommended Practice for Cold Weather Concreting." 2. American Society for Testing and Materials (ASTM): a. C33 "Standard Specification for Concrete Aggregates." b. C94 "Standard Specification for Ready -Mixed Concrete." c. C150 "Standard Specification for Portland Cement" d. C260 "Standard Specification for Air - Entraining Admixtures for Concrete." e. C309 "Liquid Membrane - Forming Compounds for Curing Concrete." f. C494 "Standard Specification for Chemical Admixtures for Concrete." g. C618 "Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral Admixture in Portland Cement Concrete" h. C979 "Standard Specification for Pigments for Integrally Colored Concrete." 3. American Association of State Highway and Transportation Officials (AASHTO): a. M194 "Chemical Admixtures." b. Comply with requirements of all authorities having jurisdiction. 1.03 SUBMITTALS A. Submit concrete mix designs at least 14 days prior to placement of concrete. B. Product Data: Submit manufacturer's complete technical data sheets for all products and materials furnished under this section such as concrete admixtures, curing materials, expansion joint materials, adhesive anchoring material, etc. CONCRETE PAVING ©2015 Stantec 1 1938031 13 3213 13 - 1 C. Samples for Initial Selection: Manufacturer's color charts showing full range of colors available. D. Qualification Data: For items in Quality Assurance Article, including list of completed projects. E. Reinforcement shop drawings. F. Submit concrete test results. G. Submit manufacturer's certification that materials comply with specified requirements and are suitable for intended application. H. Submit manufacturer's standard warranty. Submit proposed curing materials and methods. Submittal shall include at a minimum: 1. Curing materials. 2. Timing and application. 3. Methods to control evaporation. 1.04 QUALITY ASSURANCE A. Manufacturer Qualifications: Manufacturer with 10 years experience in the production of specified products. B. Installer Qualifications: An installer with 5 years experience with work of similar scope and quality for integrally colored concreted. Contractor shall provide information regarding 5 similar projects. C. Comply with the requirements of ACI 301. Obtain each specified material from same source and maintain high degree of consistency in workmanship throughout Project. D. The Contractor shall hire an independent testing laboratory to perform the Work listed below: 1. Test proposed aggregate for compliance with ASTM C33. 2. Design concrete mixes in accordance with ACI 301. E. The Owner intends to hire an independent testing laboratory (American Engineering and Testing, Inc.) to perform the Work listed below. The Contractor shall coordinate with Owner to provide sufficient notice of all concrete pours to enable testing laboratory to be on site to conduct testing if desired by the Owner: 1. Cast and test concrete cylinder for all concrete in accordance with ASTM C31 and C39. 2. Determine slump of concrete from each truck in accordance with ASTM C143. 3. Determine air content of concrete from each truck in accordance with ASTM C231. Site Sample Slabs: 1. Prior to installation of colored concrete splash pad, pour 2 color concrete sample slabs, each a minimum of 4 feet by 4 feet, 4 inch thick slabs broom finish using materials, joints, sealers, etc. as required for the final work. Designer /Owner will select the 2 colors to be used for the samples. Contractor shall provide varying levels of broom finish on the samples as directed by Owner /Engineer and shall seal samples as recommended by colored concrete manufacturer. Owner /Engineer will review and provide direction CONCRETE PAVING 321313 -2 © 2015 Stantec 1 1938031 13 to Contractor as to which two colors, which textures, etc, will be selected for the project. Samples will establish acceptable coloring, finish texture, workmanship, curing, sealing, etc. to be expected for the Project. 2. Follow manufacturer recommendations regarding quantities of concrete used for the preparation of site sample slabs. 1.05 SEQUENCING AND SCHEDULING A. Do not pour concrete until base has been approved. Concrete Environmental Requirements: 1. Schedule placement to minimize exposure to wind and hot sun before curing materials are applied. 2. Avoid placing concrete if rain, snow, or frost is forecast within 24 hours. Protect fresh concrete from moisture and freezing. 3. Comply with professional practices described in ACI 305R and ACI 306R. Schedule delivery of concrete to provide consistent mix times from hatching until discharge. Mix times shall meet manufacturer's written recommendations. C. Pre -Job Conference: 1. Prior to placement of integrally colored concrete, a meeting will be held with Owner and Engineer to discuss the Project and application materials. General Contractor, Splash Pad /Concrete Subcontractor(s), Ready -Mix Concrete Representative, Testing Agency and Colored Concrete Manufacturer Representative shall be present. 1.06 PRODUCT HANDLING A. Store reinforcement, supports and accessories at the Site in a manner to prevent damage from water, accumulation of dirt or construction activities. B. Do not store reinforcing, equipment or other materials on finished slab surfaces. PART 2 PRODUCTS 2.01 MATERIALS A. Forms: 1. Either steel or wood, size and strengths to resist movement during concrete placement and to retain horizontal and vertical alignment until removal. Use forms that are straight and free of distortion and defects. 2. Use flexible spring steel forms or laminated boards to form radius bends as required. 3. Coat forms with a non - staining form release agent that will not discolor or deface the surface of the concrete. Reinforcing: 1. Reinforcing Bars: Deformed billet steel bars conforming to ASTM A615, Grade 60. 2. Welded Wire Fabric: WWF 6x6- W2.9xW.2.9 conforming to ASTM A185. No epoxy coating. C. Adhesive Anchor: Adhesive for anchoring steel reinforcement dowels and threaded rods in concrete shall be a 2- component injected epoxy structural adhesive. Approved products include Hilt! RE -500 Adhesive as manufactured by Hilti Fastening Systems, Epoxy- CONCRETE PAVING 2015 Stantec 1 1938031 13 3213 13-3 Tie Adhesive as manufactured by Simpson Strong -Tie, or Epogel as manufactured by Sonneborn. D. Concrete Materials: 1. Concrete materials shall conform to the following minimum requirements: a. Cement: ASTM C 150 Type I - Single source of supply. b. Aggregate: ASTM C33 - Single source of supply. 100 percent crushed material, 100 percent chert -free. c. Water: Clean, potable, with no deleterious substances. d. Air Entraining Admixture: ASTM C260. e. Water Reducing Admixture: ASTM C494, Type A. f. Fly Ash (Pozzolan): ASTM C618, Class C or F. 2. r_e,ncrete thnll rnnform to the following mix requirements: a. Course aggregate: ASTM C33 Size No. 67. b. Minimum 28 -day compressive strength: 4,000 psi. c. Maximum water - (cement + pozzolan) ratio: 0.40 d. Minimum cement + pozzolan content: As required to meet 28 -day strength. e. Maximum pozzolan content: 25 percent of cement content. f. Slump: 3 inches +/- 1 inch. g. Entrained air content: 6 percent +/- 1 -1 /2 percent. If super plasticizers or mid -range water reducers are used, slump shall not exceed 6 inches. 3. Do not add calcium chloride to mix as it causes mottling and surface discoloration. 4. Supplemental admixtures shall not be used unless approved by colored admixture manufacturer and Engineer. 5. Do not add water to the mix in the field. 6. Colors: a. Cement: Color shall be gray. b. Sand: Color shall be locally available natural sand. c. Aggregate: Concrete producer's standard aggregate complying with specifications. 7. Add colored admixture to concrete mix according to manufacturer's written instructions. E. Expansion Joint Material: Closed cell expanded polyethylene sheet, 3/8 inch thick. Expansion joint shall be full depth of concrete slab. F. Expansion Joint Polypropylene Sleeves 1. Greenstreak Speed Load Dowels or Approved Equal. Size as required to match dowels shown on the Drawings. G. Expansion Joint Dowel Bars: 1. Smooth dowel bars, sawn ends, conforming to ASTM A36. H. Subgrade Base Material: 1. Granular material conforming to pipe bedding material and compaction called out in section 13 51 13. Moisture- Retaining Cover - Use one of the following for non - colored concrete: 1. Polyethylene Sheeting: AASHP M171. 2. Polyethylene - Coated Burlap. CONCRETE PAVING 321313 -4 © 2015 Stantec 1 1938031 13 J. Membrane Forming Curing Compound: ASTM C309, Type 1, clear, non - yellowing type for exposed sunlight condition use. K. Bonding Agent: 1. Acryl 60 manufactured by Thoro System Products, or approved equal. L. Joint Sealant: 1. General Use: Shall be a single component, gun grade polyurethane joint sealant conforming to ASTM C920 -86, TT- S- 00230C. Vulkem 116, or approved equal. 2. Splash Pad: Shall be a single component, gun grade polyurethane joint sealant conforming to ASTM C920 -86, TT- S- 00230C. Vulkem 116, or approved equal; color matched sealant suitable for exterior splash pad installation. M. Hydraulic Cement Repair Mortar: Waterplug Hydraulic Cement by Thoro Consumer Products, or equal. N. Splash Pad Colored Concrete 1. Approved Manufacturer: L.M. SCOFIELD COMPANY, Douglasville, Georgia and Las Angeles California (800) 800 -9900, Local Scofield representative Bob Samuel (Tel 651- 788 - 3957), 2. Materials: a. Colored Admixture for Integrally Colored Concrete: CHROMIX PO Admixture and CHROMIX MLO; L. M. SCOFIELD COMPANY. Location of colored concrete walks shall be constructed to conform to the Drawings. 1) Admixture shall be a colored, water - reducing, admixture containing no calcium chloride with coloring agents that are limeproof and ultra - violet resistant. 2) Colored admixture shall conform to the requirements of ACI 303. 1, ASTM C979, ASTM C494 and ASSHTO M194. b. Curing and Sealing: 1) Curing: a) SCOFIELD@ Cureseal -WTM, L. M. SCOFIELD COMPANY. b) Curing compound shall comply with ASTM C309 and be compatible with manufacturer of colored admixture, for use with colored concrete. c) Curing compound shall be clear. d) Contractor shall provide surface preparation, application and protection of curing compound strictly in accordance with manufacturer instructions. The general arrangement is as follows: (1) Apply cure coat as soon as possible after placement when it can be applied without making impressions in the concrete. 2) Sealing: a) SCOFIELD@ Repello -WTM, L. M. SCOFIELD COMPANY. b) Sealing compound shall comply with ASTM C309 and be compatible with manufacturer of colored admixture and curing product, for use with colored concrete. c) Sealing compound shall be clear. d) Contractor shall ensure curing material is completely removed and provide surface preparation, application and protection of sealing compound strictly in accordance with manufacturer instructions. The general arrangement is as follows: (1) Apply seal coat at end of the first splash pad operating season. CONCRETE O 2015 Stantec 1 1938031 13 32 PAVING 3 3 5 c. Colors: 1) Cement: Color shall be gray. 2) Sand: Color shall be locally available natural sand. 3) Aggregate: Concrete producer's standard aggregate complying with specifications. 4) Color shall be selected from manufacturers standard and custom color selections which at minimum shall include 48 wide ranging colors. 5) Confirm color selections with Engineer /Owner prior to ordering materials. d. Substitutions: The use of products other than those specified will be considered providing that the Contractor requests its use in writing within 7 -days prior to Bid date. This request shall be accompanied by the following: 1) A certificate of compliance from material manufacturer stating that proposed products meet or exceed requirements of this Section, including standards ACI 303.1, ASTM C979, ASTM C494 and AASHTO M194, 2) Documented proof that proposed materials have a 10 -year proven record of performance, confirmed by at least 3 similar exterior splash pad projects. 3) Any and all deviations from the specifications shall be called out as well a description provided with pros and cons of the deviations. PART 3 EXECUTION 3.01 INSTALLATION A. The completed concrete work shall give the appearance of uniformity in surface contour and texture, and shall be accurately constructed to line and grade. The required joints, edges, and flow lines shall show neat workmanship. B. Materials thicknesses shall be per the Drawings. C. Provide slip- resistant broom finish, conforming to ADA and Minnesota Department of Health requirements and recommendations for slip resistance. Brooming shall be at a 90 degree angle to normal traffic flow direction. D. Retempering of the concrete, which has partially hardened, with or without additional materials or water, is prohibited. E. Color shall be added in strict accordance with manufacturer's instructions. All cement and aggregate used in color concrete shall be from the same source. 3.02 FORM CONSTRUCTION A. Design, erect, support, brace, and maintain formwork to support loads. B. Design formwork to be readily removable without impact, shock, or damage to cast -in- place concrete surfaces and adjacent materials. C. Install sufficient lengths of forms to allow continuous progress of the work and so that forms can remain in place at least 48 hours after concrete placement. D. Check completed formwork for grade and alignment to the following tolerance: 1. Top of Form Units: Not more than 1/8 inch in 10 feet. 2. Vertical Face: Longitudinal axis, not more than 1/4 inch in 10 feet. UUNC_,Kti r ri- rvii ,4�, © 2015 Stantec 1 1938031 13 321313-6 E. Clean forms after each use and coat with form oil as often as required to insure separation from concrete without damage. Form Coatings for Colored Concrete: Provide commercial formulation form - coating compounds with a maximum VOC of 350 grams /liter that will not bond with, stain, or adversely affect concrete surfaces or color, and will not impair subsequent treatments of concrete surfaces, including but not limited to water - curing, curing compound, or sealing compound. 3.03 PLACING REINFORCEMENT A. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials which reduce or destroy bond with concrete. B. Accurately position, support, and secure reinforcements against displacement by formwork, construction, or concrete placement operations. C. Properly position reinforcing steel and wire it together at intersections and supports to ensure against displacement during concrete placing. D. All reinforcing steel, including dowels and embedded items, must be placed and tied securely with wire before concrete is placed. E. Place reinforcing steel in accordance with the Drawings, approved shop drawings, and as specified herein. F. Reinforcing steel shall have the following concrete cover, unless specifically noted differently on the Drawings: 1. Concrete cast against earth 3 inches. 2. All other concrete 2 inches. G. Provide reinforcement splices by lapping ends, placing bars in contact, and tightly wire tying. H. Bars shall be placed to the following tolerances: 1. Clear distance to formed surface ± 1/4 inch. 2. Spacing dimensions ± 1/2 inch. 3.04 INTEGRAL COLORED CONCRETE MEASURING, BATCHING, MIXING AND DELIVERY A. Follow standard industry practices modified as follows: 1. Measure, batch, mix and deliver concrete with pigments in accordance with manufacturer's instructions. 2. Ensure mixer is clean and free of washout water before loading. 3. Load mixer to a minimum of 40 percent capacity. 4. Do not load mixer beyond recommended capacity. 5. Add concrete materials to mixer in same order for each batch. b. Do not add pigment to mixture as first concrete material. 7. Maintain consistent amounts of batch water in each batch. CONCRETE PAVING © 2015 Stantec 1 1938031 13 32 1313-7 3.05 CONCRETE PLACEMENT A. General: 1. Do not place concrete until subgrade and forms have been checked for line and grade. Moisten under bed as required to provide a uniform, dampened condition at the time concrete is placed. Do not place concrete around structures until they have been brought to the required grade and alignment. 2. Place concrete using methods which prevent segregation of the mix and with as little rehandling as possible. Consolidate concrete along the face of the forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcements, or side forms. Use only square faced shovels for hand spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. 3. Deposit spread concrete in a continuous operation between transverse joints, as far as possible. If interrupted for more than 1/2 hour, place a construction joint. Sections less than 15 feet in length between transverse joints will not be permitted. 4. 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. 5. Any surface area allowing the entrapment of water at a depth of 1/8 inch or greater will be considered unacceptable. 6. Unacceptable work shall be removed and replaced with acceptable work as directed by the Engineer. 7. All reinforcement and embedded items shall be secured in place. 8. All snow, ice, and mud shall be removed prior to placing concrete. Do not place concrete on frozen ground or ground with either standing water or when upper 2 inches of ground is saturated. 9. Do not place concrete during rain, sleet, or snow. 10. Deposit concrete continuously or in layers of such thickness that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. 11. Concrete which has partially hardened or has been contaminated by hardened materials shall not be deposited. 12. Remove rejected concrete from the Site. 13. Deposit concrete as nearly as practicable in its final position to avoid segregation due to handling or flowing. B. Placing Concrete Slabs: 1. Deposit and consolidate concrete slabs in a continuous operation. 2. Consolidate concrete placed in slabs by mechanical vibration or other methods acceptable to the Engineer. Bring slab surfaces to the correct level with a straight edge and then strike off. Use bullfloats or darbies to smooth the surface, leaving it free from bumps and hollows. 3. Do not leave screed stakes in concrete. 4. Do not sprinkle water on the plastic surface. Do not disturb the slab surfaces prior to start of finishing operations. 3.06 COLD WEATHER PLACING A. Do not place concrete when the air temperature is less than 40 degrees F without the specific approval of the Engineer. CONCRETE PAVING 321313 -8 © 2015 Stantec 1 1938031 13 B. Cold weather concrete work shall conform to all requirements of ACI 306.1, except as modified the requirements of these Contract Documents. C. Concrete shall not be placed against any frozen substrate, including subgrade soils. D. Concrete shall not be placed around any embedment, including reinforcing steel that is at a temperature below freezing. E. The temperature of the concrete delivered at the site shall conform to the following limitations: Air Temperature Minimum Concrete Temperature Above 30 degrees F 60 degrees F 0° to 30 degrees F 65 degrees F Below 0 degrees F 70 degrees F F. If water or aggregate is heated above 100 degrees F, the water shall be combined with the aggregate in the mixer before cement is added. Cement shall not be mixed with water or with mixtures of water and aggregate having a temperature greater than 100 degrees F. G. When the mean daily temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 degrees and 70 degrees F for the required curing period. H. Arrangements for heating, covering, insulation, or housing the concrete work shall be made in advance of placement and shall be adequate to maintain the required temperature without injury due to concentration of cold or heat. Protection shall remain in place for a minimum of 3 days. I. Combustion heaters shall not be used during the first 24 hours, unless precautions are taken to prevent exposure of the concrete to exhaust gases. J. Once the cold weather concrete protection is removed, concrete curing must be continued for the remainder of the 10 -day curing period. K. Protect concrete work from physical damage or reduced strengths, which could be caused by frost, freezing actions, or low temperatures, in compliance with ACI 306. L. Do not use calcium chloride, salt, and other materials containing anti - freeze agents or chemical hardeners. 3.07 HOT WEATHER PLACING A. Comply with ACI 305 when hot weather conditions exist. B. Maintain concrete temperature at time of placement below 90 degrees F. C. When the temperature of the steel is greater than 120 degrees F, steel forms and reinforcement shall be sprayed with water prior to placing concrete. CONCRETE PAVING © 2015 Stantec 1 1938031 13 32 13 13-9 D. Keep all surfaces protected from rapid drying. Provide windbreaks, shading, fog spraying, sprinkling, ponding, or wet covering in advance of placement. E. Do not use retarding admixtures, 3.08 JOINTS A. General: Construct joints true to line with face perpendicular to surface of the concrete, unless otherwise shown. Construct transverse joints at right angles to the centerline, unless otherwise required. B. Weakened -Plane (Control) Joints: Provide weakened -plane (control) joints, sectioning concrete into areas shown on the Drawings. Construct weakened -plane joints for a depth equal to at least 1 -1 /2 inches: 1. Tooled Joints: Form weakened -plane joints in fresh concrete by grooving top portion to provide a 1/8-inch radius by 1/4-inch wide joint (with tooled joint depth of approximately 3/4 inch). Within 12 hours, saw cut joint with a "soft -cut" blade to achieve a 1 -1/2 inch depth. C. Expansion Joints: 1. Provide pre - molded joint filler for expansion joints abutting concrete curbs, storm inlets, manholes, structures, pools, walls, buildings, and other fixed objects. 2. Locate additional expansion joints at locations shown on the Drawings. 3. Extend joint fillers full width and depth of joint. Furnish joint fillers in one piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler section together. Form top edge of filler to conform to top profile of concrete, except where sealing is indicated. 4. Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after both sides of joint are in place. 3.09 CONCRETE FINISHING A. After striking off and consolidating concrete, smooth the surface by screeding and floating. Adjust the floating to compact the surface and produce a uniform texture. B. After floating, test surface for trueness with a 10 -foot straightedge. Distribute concrete as required to remove surface irregularities and refloat repaired areas to provide a continuous, smooth finish. C. Work edges of slabs and formed joints with an edging tool and round to 1/8 inch radius, unless otherwise shown. Eliminate tool marks on concrete surfaces. D. After completion of floating and when excess moisture or surface sheen has disappeared, complete surface finishing as follows: 1. Provide broom finish by drawing a broom across concrete surface, perpendicular to line of traffic. Repeat operation if required to provide a texture acceptable to the Engineer. E. Special note for colored concrete: Do not over - finish surface, avoid burning surface. F. Minor variations in appearance of integrally colored concrete, which are similar to natural variations in color and appearance of uncolored concrete, are acceptable. CONCRETE PAVING © 2015 Stantec 1 1938031 13 321313-10 3.10 CONCRETE CURING AND PROTECTION A. General: 1. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures and maintain without drying at a relatively constant temperature for a period of time necessary for hydration of cement and proper hardening. 2. Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting; keep continuously moist for not less than 72 hours. 3. Begin final curing procedures immediately following initial curing and before concrete has dried. Continue final curing for at least 168 cumulative hours (not necessarily consecutive) during which concrete has been exposed to air temperatures above 50 degrees F. Avoid rapid drying at end of final curing period. Use moisture - retaining cover or membrane - forming curing compound. 3.11 CURING AND SEALING FOR COLORED SPLASH PAD A. Comply with manufacturer recommendations for curing. Provide details in concrete curing submittal. 3.12 REMOVAL OF FORMS A. Formwork may be removed 12 hours after placing concrete, provided concrete is sufficiently hard not to be damaged by form removal operations and provided curing and protection operations are maintained. 3.13 REPAIRS AND PROTECTION A. All panels which are not finished to the satisfaction of the Engineer shall be removed and replaced at no cost to the Owner. B. Protect concrete from damage until acceptance of Work. Exclude traffic from pavement for at least 14 days after placement. When construction traffic is permitted, maintain pavement as clean as possible by removing surface stains and spillage of materials as they occur. END SECTION CONCRETE PAVING © 2015 Stantec 1 1938031 13 3213 13 - 1 1 This Page Left Blank Intentionally SECTION 32 31 19 ORNAMENTAL METAL FENCE PART 1 GENERAL 1.01 SUMMARY A. Work Included: The contractor shall provide all labor, materials and appurtenances necessary for installation of the welded ornamental steel fence system. B. Related Sections 1. Section 31 00 00 - Earthwork Section 32 13 13 - Concrete Paving 1.02 REFERENCES A. ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc - Coated (Galvanized) or Zinc -Iron Alloy Coated (Galvannealed) by the Hot -Dip Process. B. ASTM B1 17 - Practice for Operating Salt -Spray (Fog) Apparatus. C. ASTM D523 - Test Method for Specular Gloss D. ASTM D714 - Test Method for Evaluating Degree of Blistering in Paint. E. ASTM D822 - Practice for Conducting Tests on Paint and Related Coatings and Materials using Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus, F. ASTM D 1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to Corrosive Environments. G. ASTM D2244 - Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates, H. ASTM D2794 - Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). I. ASTM D3359 - Test Method for Measuring Adhesion by Tape Test. J. ASTM F2408 - Ornamental Fences Employing Galvanized Steel Tubular Pickets 1.03 SUBMITTALS A. Submittals shall conform to provisions of Section 01 33 00. B. Product Data: Shall be manufacturers' printed data sheets on each product and application. C. Shop Drawings: Provide graphic details of layout and installation. D. Samples: Provide samples upon request. ORNAMENTAL METAL FENCING © 2015 Stantec 1 1938031 13 3231 19 - 1 E. Manufacturers' installation instructions. 1.04 DELIVERY, STORAGE, AND HANDLING A. Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism and theft. 1.05 WARRANTY A. All structural fence components (i.e. rails, pickets, and posts) shall be warranted within specified limitations, by the manufacturer for a period of 20 years from date of original purchase. Warranty shall cover any defects in material finish, including cracking, peeling, chipping, blistering or corroding. B. Reimbursement for labor necessary to restore or replace components that have been found to be defective under the terms of manufactures warranty shall be guaranteed for five (5) years from date of original purchase. PART 2 PRODUCTS 2.01 MANUFACTURER A. Acceptable Manufacturers for Fencing System (or equal); 1. Ornamental Steel, Majestic design, flush bottom rail treatment, 3 -Rail style manufactured by Ameristar Fence Products, Inc., in Tulsa, Oklahoma. 2. The fence system shall conform to Ameristar Montage Plus standard picket space welded and rackable. 3. Color of fencing system to be selected by Landscape Architect from manufacturer's standard colors. 2.02 MATERIAL A. Steel material for fence panels and posts shall conform to the requirements of ASTM A653/A653M, with a minimum yield strength of 45,000 psi (310 MPa) and a minimum zinc (hot -dip galvanized) coating weight of 0.60 oz /ft2 (184 g /m2), Coating Designation G -60. B. Material for pickets shall be 3/4 inch square x 18 Ga. tubing. The rails shall be steel channel, 1.5 inch x 1.4375 inch x 14 Ga. Picket holes in the rail shall be spaced 4.675 inch O.C. for standard picket spacing. Fence posts and gate posts shall meet the minimum size requirements of Table 1. C. Hardware for surface mount of posts shall be stainless steel wedge anchors suitable to withstand over - turning force with tamper proof hardware and lock nuts. 2.03 FABRICATION A. Pickets, rails and posts shall be pre -cut to specified lengths. Rails shall be pre - punched to accept pickets. B. Pickets shall be inserted into the pre - punched holes in the rails and shall be aligned to standard spacing using a specially calibrated alignment fixture. The aligned pickets and ORNAMENTAL METAL FENCING 3231 19 -2 © 2015 Stantec 1 193803113 rails shall be joined at each picket -to -rail intersection by a fusion welding process. The welding process shall produce a virtually seamless, spatter -free good- neighbor appearance, equally attractive from either side of the panel. C. The manufactured panels and posts shall be subjected to an inline electrode position coating (E -Coat) process consisting of a multi -stage pretreatment /wash, followed by a duplex application of an epoxy primer and an acrylic topcoat. The minimum cumulative coating thickness of epoxy and acrylic shall be 2 mils (0.058 mm). The color shall be (specify Black or Bronze). The coated panels and posts shall be capable of meeting the performance requirements for each quality characteristic shown in Table 2 (Note: The requirements in Table 2 meet or exceed the coating performance criteria of ASTM F2408). D. Posts shall be pre- fabricated at the factory with a bottom plate for surface mount. E. The manufactured fence system shall be capable of meeting the vertical load, horizontal load, and infill performance requirements for Commercial weight fences under ASTM F2408. F. Gates with an out to out leaf dimension less than and including 72 inches shall be fabricated using Montage Plus ornamental panel material and 1 -3/4 inch sq. x 14 ga. gate ends. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined by welding. PART 3 EXECUTION 3.01 PREPARATION A. All new installation shall be laid out by the contractor in accordance with the construction plans. 3.02 INSTALLATION A. Fence post shall be spaced according to Table 3, plus or minusl 14 inches. For installations that must be raked to follow sloping grades, the post spacing dimension must be measured along the grade. Fence panels shall be attached to posts with brackets supplied by the manufacturer. Posts shall be set in concrete footers having a minimum depth of 48 inches. B. The "Earthwork" and "Concrete" sections of this specification shall govern material requirements for the concrete footing. C. When cutting /drilling rails or posts adhere to the following steps to seal the exposed steel surfaces; 1. Remove all metal shavings from cut area. 2. Apply zinc -rich primer to thoroughly cover cut edge and /or drilled hole; let dry. 3. Apply 2 coats of custom finish paint matching fence color. 3.03 CLEANING A. The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. ORNAMENTAL METAL FENCING © 2015 Stantec 1 1938031 13 3231 19-3 3.04 MANUFACTURER'S COMPONENT SPECIFICATIONS Table 1 - Minimum Sizes for Montage Plus Posts Fence Posts Panel Hei ht 2-1/2" x 16 Ga. -F—Up to & Including 6' Height Gate Height Gate Leaf Up to & Includin 4 Over 4' Up to & Incluc Up to 4' 2 -1/2" x 14 Ga. 3" x 12 Ga. 4'1 "to 6' 3"x 12 Ga. 3 "x12 Go. 6'1 "to 8' 3 "x 12Ga. 4 "x 12 Ga. Table 2 - Coating Performance Requirements Qualit ASTM Test Method Performance Requirements Characteristics Adhesion D3359 - Method B Adhesion (Retention of Coating) over 9070 of test area (Tape and knife test). Corrosion BI 17, D714 & D1654 Corrosion Resistance over 1,500 hours (Scribed per D1654; failure mode is accumulation of 1/8" Resistance coating loss from scribe or medium #8 blisters). Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact usina 0.625" ball). Weathering D822 D2244, D523 (60° Weathering Resistance over 1,000 hours (Failure Resistance Method) mode is 60% loss of g►oss or color variance of more than 3 delta -E color units). END OF SECTION © 2015 Stantec 1 1938031 13 ORNAMENTAL METAL FENCING 3231 19 -4 SECTION 32 33 43 SITE SEATING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish all precast concrete seat walls. B. Related Sections: 1. Section 32 13 13 - Concrete Paving. 1.02 SUBMITTALS A. Submittals shall conform to Section 01 33 00. B. Certificates: Test results indicating that the cast stone meets specification requirements and proof of plant certification. C. Source quality control test reports: Submit compressive strength and water absorption testing results in conjunction with concrete mixtures used on precast units. D. Submit shop drawings showing product dimensions and connection details. Indicate unit locations by way of detailed plans, elevations and cross sections of each unit. Indicate joints, reveals and details at unit face, edges, corners and connection / anchorage points. E. Show locations and tolerances of anchorage device hardware to be embedded or attached to structural members. F. Unit setting plan: Show the setting location of precast units by labeling unique setting identifier on plans and elevations and on actual precast unit. G. Design modifications: If modifications to design are proposed to meet specific performance requirements and field conditions, submit design calculations and shop drawings as required. The design intent as represented in the drawings shall remain the same. H. Samples: Submit two 12 inches by 12 inches samples of each type of finish required showing proposed color, finish and texture for units. I. Qualifications: Submit data for manufacturer, installer, and testing agency. J. Manufacturer shall submit a written list of projects similar and at least 3 years of age, along with owner, architect and contractor references. K. Field quality - control test and inspection reports as determined. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 1938031 13 323343-1 1.03 REFERENCES A. Publications listed below form a part of this specification to extent referenced. Publications are referenced in text by the basic designation only. Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. B. Cast Stone Institute Technical Manual and Cast Stone Institute standard specifications. C. Precast / Prestressed Concrete Institute (PCI) standard specifications including PCI MNL 117. D. American Society for Testing and Materials (ASTM): Al 67 -99 (2004) ...... Stainless and Heat Resisting Chromium - Nickel Steel Plate, Sheet, and Strip A185- 07 ..................Steel, Welded Wire Fabric, Plain for Concrete A615/A615M- 09.... Deformed and Plain Billet -Steel Bars for Concrete Reinforcement C33- 07 ....................Concrete Aggregates C150 .......................Portland Cement C979 ....................... Pigments for Integrally Colored Concrete C1 194- 03 ................Compressive Strength of Architectural Cast Stone Cl 195- 03 ................Absorption of Architectural Cast Stone C1364- 07 ................Architectural Cast Stone. D2244- 07 ................Calculation of Color Differences from Instrumentally Measured Color Coordinates. 1.04 QUALITY ASSURANCE A. The Manufacturer: 1. Must have 5 years minimum continuous operating experience and have facilities for manufacturing cast stone as described herein. Manufacturer shall have sufficient plant facilities to produce the shapes, quantities and size of cast stone required in accordance with the project schedule. 2. Must be a current member of the Cast Stone Institute (CSI). 3. Must have a certified plant (Certification by the Cast Stone Institute). B. The Installer: 1. Must have minimum 5 years experience setting precast concrete, cast stone or natural stone benches or seat walls features. C. Testing: 1 sample from production units may be selected at random from the field for each 500 cubic feet (14 m3) delivered to the job: 1. 3 field cut cube specimens from each of these samples shall have an average minimum compressive strength of not less than 85 percent with no single specimen testing less than 75 percent of design strength as specified. 2. 3 field cut cube specimens from each of these samples shall have an average maximum cold -water absorption of 6 percent. ARCHITECTURAL PRECAST CONCRETE 323343 -2 © 2015 Stantec 1 1938031 13 3. Field specimens shall be tested in accordance with ASTM C1 194 and Cl 195. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Acceptable manufacturers: 1. American Artstone Company 2025 N. Broadway I P.O. Box 425 New Ulm, Minnesota 56073 (507) 233 -3700 Fax (507) 354 -7771 URL: www.american- artstone.com Architectural Cast Stone, Inc. 1918 N. Wabash Ave. Wichita, Kansas 67214 Phone: (316) 262 -5543 Fax (316) 262 -5589 URL: www.architecturalcaststone.com 3. Advanced Cast Stone Inc. 115 Lee Street Everman, Texas 76140 (817) 572 -0018 Fax (817) 293 -6378 URL: www.advancedcaststone.com 4. MidCon Products Inc. 262 East Main Street P.O. Box 370 Hortonville, Wisconsin 54944 Phone: (920) 779 -4032 Fax: (920) 779 -4443 URL: www.midconproducts.com 2.02 DELIVERY, STORAGE AND HANDLING A. Transport units in a manner to avoid excessive stress, cracking, or chipping of units. Limit multiple handling of units. B. Support units during handling and stockpiling with shock absorbent materials to prevent cracking and damage. C. Store units to prevent contact with soil, staining, discoloration or other physical damage. Protect units with waterproof covers. D. Place stored units so that identification marks as shown on the Shop Drawings are clearly visible. 2.03 ARCHITECTURAL CAST STONE A. Comply with ASTM C1364. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 1938031 13 323343-3 B. Physical properties: Provide the following: 1. Compressive Strength -ASTM C1194: 6,500 psi (45 Mpa) minimum for products at 28 days. 2. Absorption - ASTM C1195: 6 percent maximum by the cold water method, or 10 percent maximum by the boiling method for products as 28 days. 3. Air Content - ASTM C173 or C231: For wet cast product shall be 4 -8 percent for units exposed to freeze -thaw environments. 4. Freeze thaw - ASTM C1 364L: The cumulative percent weight loss (CPWL) shall be less than 5 percent after 300 cycles of freezing and thawing. 5. Linear Shrinkage - ASTM C426L: Shrinkage shall not exceed 0.065 percent. C. Job site testing -1 sample from production units may be selected at random from the field for each 500 cubic feet (14m3) delivered to the job site: 1. 3 field cut cube specimens from each of these samples shall have an average minimum compressive strength of not less than 85 percent with no single specimen testing less than 75 percent of design strength as allowed by ACI 318. 2. 3 field cut cube specimens from each of these samples shall have an average maximum cold -water absorption of 6 percent. 3. Field specimens shall be tested in accordance with ASTM C1 194 and C1 195. 2.04 RAW MATERIALS A. Portland Cement: ASTM C150, Type I or Type III, white and /or grey color. Provide cement from single source of supply. B. Fly Ash: ASTM A618. C. Coarse Aggregates: Granite, quartz or limestone, ASTM C33, 3/8 inch maximum size. Provide coarse aggregates from single source of supply. D. Fine aggregates: Manufactured of natural sands, ASTM C33, except for gradation. E. Coloring Admixture: Inorganic iron oxide pigments, ASTM C 979. Carbon black pigments shall not be used. F. Water: Clean, potable, and free from deleterious amounts of oil, acid, alkali, or other foreign matter. G. Air Entraining Admixture: ASTM C260. H. Water Reducing Admixture: ASTM C494, Type A. Reinforcing Bars 1. ASTM A615, Grade 40 or 60, deformed steel galvanized or epoxy coated when cover is less than 1.5 inches (37 mm) . 2. Welded wire fabric: ASTM Al 85 where applicable for wet cast units. J. Cast -In Anchors: All anchors, dowels and other anchoring devices and shims shall be standard building stone anchors commercially available in a non - corrosive material such as stainless steel, ASTM A276, Type 304. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 1938031 13 323343-4 2.01 FABRICATION A. Fabricate units to the dimensions as shown on the Drawings. B. Accurately place reinforcing units, inserts, anchor plates, and embedded items before concrete is placed. C. Comply with PCI MNL 117 as to unit fabrication. 2.02 CONCRETE MIXTURES A. Concrete used for precast column caps, bases and cladding and seat wall cladding and caps shall conform to the following minimum requirements and per PCI MNL 117: 1. Minimum compressive strength at 28 days 5000 psi. 2. Entrained air content 6 percent ± 1 -1 /2 percent. 3. Water absorption: 6% by weight per ASTM C642. 2.03 COLOR AND FINISH A. Cast stone color, finish and texture. Colors subject to approval from manufacturer's standard or custom colors. 1. Seat wall - Color to be selected, light sand -blast finish. B. All surfaces intended to be exposed to view shall have a fine - grained texture similar to natural stone, with no air voids in excess of 1/32 in. (0.8 mm) and the density of such voids shall be less than 3 occurrences per any 1 in2 (25mm2) and not obvious under direct daylight illumination at a 5 ft. (1.5m) distance. C. Units shall exhibit a texture approximately equal to the approved sample when viewed under direct daylight illumination at a 10 ft (3m) distance. 2.04 REINFORCING A. Reinforce the units as required by the drawings and for safe handling and structural stress. B. Minimum reinforcing shall be 0.25 percent of the cross section area. C. Reinforcement shall be non- corrosive where faces exposed to weather are covered with less than 1.5in. (38 mm) of concrete material. All reinforcement shall have minimum coverage of twice the diameter of the bars. D. Minor chipping resulting from shipment and delivery shall not be grounds for rejection. Minor chips shall not be obvious under direct daylight illumination from a 20 -ft (6m) distance. E. Remove cement film, if required, from exposed surface prior to packaging for shipment. 2.05 CURING A. Cure precast units until 2,000 psi minimum compressive strength has developed before removing the units from the forms, unless greater strength is required for stripping. ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 1938031 13 323343-5 B. Cure units per requirements in PCI MNL117 by moisture retention without heat or by accelerated heat curing using steam or radiant heat and moisture. Provide additional yard curing as required. Form cured units shall be protected from moisture evaporation with curing blankets or curing compounds after casting. PART 3 EXECUTION 3.01 EXAMINATION A. Installing contractor shall check cast stone materials for fit and finish prior to installation. Do not set unacceptable units. 3.02 SETTING TOLERANCES A. Comply with Cast Stone Institute sM Technical Manual. B. Set stones 1/8 in. (3 mm) or less, within the plane of adjacent units. C. Joints, plus - 1/6 in. (1.5 mm), minus - 1/8 in. (3 mm). 3.03 JOINTING A. Joint size (per below): 1. At stone /stone joints in horizontal position, 3/8 in. (9.5 mm). 2. At stone /stone joints in vertical position, 3/8 in. (9.5 mm). 3. Stone /stone joint exposed on top 3/8 in. (9.5 mm). B. Joint Materials: 1. Mortar, Type N (above- grade), ASTM C270. Color to be selected by Landscape Architect. 2. Use a full bed of mortar at all bed joints. 3. Flush vertical joints full with mortar. 4. Leave all joints with exposed tops or under relieving angles open for sealant. 5. Leave head joints in coping and projecting components open for sealant. C. Location of joints: 1. As shown on shop drawings. 2. At control and expansion joints unless otherwise shown. 3.04 SETTING A. Place units on prepared concrete base as shown on drawings. 3.05 REPAIR AND CLEANING A. Repair chips with touchup materials furnished by manufacturer. B. Saturate units to be cleaned prior to applying an approved masonry cleaner. C. Consult with manufacturer for appropriate cleaners. ARCHITECTURAL PRECAST CONCRETE 0 2015 Stantec 1 1938031 13 323343-6 3.06 GRAFFITI COATING A. Apply graffiti control per manufacturer's printed recommendations to all exposed surfaces of architectural precast concrete. Test application on mock up of each surface type and review with Owner prior to application on entire surface. 3.07 INSPECTION AND ACCEPTANCE A. Inspect finished installation according to Bulletin #36 published by the Cast Stone Institute. END OF SECTION ARCHITECTURAL PRECAST CONCRETE © 2015 Stantec 1 1938031 13 323343-7 This Page Left Blank Intentionally SECTION 32 92 00 TURF AND GRASSES PART] GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area including preparation of subgrade, installation and finish grading of topsoil, preparation of seed and sod bed, seeding, sodding, mulch, erosion control and all associated materials and work. 1.02 RELATED SECTIONS A. Section 01 57 13 -Temporary Erosion and Sediment Control. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition, (MnDOT Spec.): B. "Minnesota Department of Transportation Seeding Manual 2014," (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01 33 00. B. Product Data: Provide nursery source and invoice for seed to be purchased for this Project. C. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified native seed mixes with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in seeding the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. D. Producer's Certificate of Compliance - Written document verifying compliance of mixture of seed furnished. Submit to the Landscape Architect 5 days prior to delivery. Include percentage of various seed species mix, year of production, net weight, date of packaging, location of packaging, seed bags /tags (germination rate, weed seed content), and copy of seed dealer's invoice. E. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. Fertilizer manufacturer's certificate of compliance. Written document verifying compliance with fertilizer specified. G. Label from soil moisture amendment product utilized. TURF AND GRASSES © 2015 Stantec 1 1938031 13 32 92 00 - 1 1.05 WARRANTY A. The Establishment Period for sod shall begin for immediately after initial installation is approved by the Landscape Architect, and shall continue until the date that the Landscape Architect performs a final inspection or 60 days, whichever is longer. B. Replace any dead or marginal sod in areas with insufficient establishment after 30 days. The Contractor shall guarantee sod until the Landscape Architect performs the final inspection or 60 days from the date of last installation, whichever is longer. C. Seeding - At the conclusion of the establishment period, which will be 1 year following initial installation, a final inspection of planting will be made to determine the conditions of areas specified for seeding (for March and April Plantings the evaluation will be made the following May). All areas with insufficient plant establishment as determined by the Landscape Architect will be noted. This material shall be re- supplied and planted in the next growing season at no additional cost to the Owner. Evaluation of plantings shall be done in accordance with Early Maintenance and Evaluation of Plantings, 2014 MnDOT Seeding Manual, and with MnDOT Spec. 2575.3. 1.06 FIELD QUALITY CONTROL A. Submit sod certification for grass species and location of sod source. B. Provide Landscape Architect with seed bag tags used for identification purposes. C. All topsoil shall be approved by the Landscape Architect prior to seeding and sodding. 1.07 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.08 DELIVERY, STORAGE AND HANDLING A. Deliver, store, protect, and handle products under the provisions of the General Conditions. B. Deliver sod on pallets. Protect roots from dehydration. C. Do not deliver more sod than can be laid within 24 hours of harvesting. PART 2 PRODUCTS 2.01 SOD A. Sod shall be highland type, grown in natural mineral soils. Sod grown in peat will not be acceptable. Sod shall be ASPA Certified Nursery grown and include a minimum of the top 1 -inch of well - established cultured sod with a strong fibrous root system. Sod shall consist in the major part of a minimum of two varieties of Kentucky Bluegrass and be free from noxious weeds and relatively free from all other weeds, and free from burned or bare spots, roots, stones and other objectionable materials. Sod shall resist normal handling without undue breaking or tearing. Sod shall be cut in uniform strips, 18 inches wide and not less than 72 inches long and shall be cut to a uniform thickness so a dense root system will be retained, but be exposed on the bottom side of the sod. TURF AND GRASSES © 2015 Stantec 1 1938031 13 329200-2 B. Sod shall conform to the requirements of Mn /DOT Spec 3878 Type D - "Mineral Sod." 2.02 SEED: Conform to MnDOT Spec. 3876. A. Residential Lawns: Conform to MnDOT Mixture 25 -151. B. Commercial Lawns: Conform to MnDOT Mixture 25 -131. C. General Roadside: Conform to MnDOT Mixture 25 -141. D. Temporary Spring Cover: MnDOT Mixture 21 -11 1. E. Temporary Fall Cover: MnDOT Mixture 21 -112. F. Temporary Mix: MnDOT Mixture 21 -113. G. Pond Edge Mix: MnDOT Mixture 35 -241. 2.03 MULCH: Conform to Section 01 57 13. 2.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 01 57 13. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 2.06 EROSION STABILIZATION MAT: Conform to MnDOT Spec. 3885.2b.5. 2.07 FERTILIZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall be complete fertilizer containing 24- percent nitrogen, 12- percent phosphoric acid, and 24- percent potash. D. Provide packet, table, or pellet forms of slow release fertilizers, bearing the manufacturer's guaranteed statement of analysis. 2.08 WATER A. Clean, fresh, and free of substances or matter that could inhibit vigorous growth of grass. 2.09 TOPSOIL BORROW A. Imported Topsoil Borrow for use under sod areas shall meet the requirements of MnDOT Spec 3877.2A Common Topsoil Borrow (Table 3877 -1). Salvaged topsoil material meeting the requirements of MnDOT Spec. 3877 Topsoil Borrow that is screened and pulverized on site may also be used as Topsoil Borrow. 1. All topsoil shall be screened and pulverized. TURF AND GRASSES © 2015 Stantec 1 1938031 13 329200-3 PART 3 EXECUTION 3.01 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2574 C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3D: 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at recommended rate identified in soil fertility test or no less than 3 tons /acre (140 lbs. / 1,000 sq. ft.). D. Immediately prior to sodding, the soil shall be loosened to a depth of approximately 6 inches on all areas using disks, harrows, field diggers, or other suitable cultivating equipment. No vegetative growth shall be present prior to sodding. E. The surface shall be completely uniform with no irregularities. All stones 1/2 inches in size, sticks, and unsuitable material shall be removed from the Site. F. The Contractor shall provide the necessary root and rock picking equipment to remove all roots and rocks greater than 1/2 inch in diameter within the top 4 inches of soil after the topsoil has been loosened. 3.02 SODDING A. Conform to MnDOT Spec. 2575.3F. B. On all areas to be sodded, the soil shall be prepared as indicated above and brought to a smooth, evenly textured foundation conforming to the grades shown on Drawings. Grades shall be considered critical and shall be inspected and approved by the Landscape Architect before sod is delivered to the Site. C. Sod strips shall be placed with staggered end joints and without stretching in such a manner that all edges will firmly abut the edges of adjoining strips. Joints between ends of strips shall be staggered at least V between adjacent rows. Ragged ends and edges shall be clean cut with a knife and removed from area. D. At the top of slopes, sod shall be laid so water from adjacent areas will have free flow onto sodded area. E. Where sod is terminated at proposed seed areas, the seed bed shall be graded so as to be flush with top of the sod soil /root layer. Where sod is terminated at paved areas or adjacent to a metal edger, the sod soil /root layer shall have a finish grade 1/2 inch below the paved surface area or edger. F. Sod covering drainage swales and on slopes of 3:1 or steeper shall be anchored with biodegradable stakes driven through the sod into the subsoil until flush with top of the sod soil /root layer, or by other approved method. Stakes shall be placed in accordance with the manufacturers recommendations for the site condition as approved by the Landscape Architect. TURF AND GRASSES 0 2015 Stantec 1 193803113 329200-4 G. Immediately after completing the sod placement on each area, the sod shall be watered and compressed into the underlying soil by rolling and tamping. The initial watering and rolling shall be sufficient to provide firm contact and bond between the sod and the underlying soil and provide a smooth, even surface free of humps and depressions. The Contractor shall continue with a watering program as may be necessary to establish and root the sod for a 30 day growing period. 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. Table 2575 -1 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec. 2574 for the mixes specified. C. Seeding Rates: Conform to MnDOT Spec 2575.3 and Table 1 in the 2014 MnDOT Seeding Manual, except as modified herein: 1. For 25 -141 seed mix, apply seed at a rate of 100 lbs. per acre. 2. For 25 -131 seed mix apply seed at a rate of 275 Ibs per acre 3. For 25 -151 seed mix, apply seed at a rate of 180 Ibs. per acre. D. Sowing Seed: Conform to MnDOT Spec. 2575.3. I. Seed shall be applied by hydro seeding per MnDOT Spec. 2575.3.B.4. 2. Winter and Summer: At the approval of the Landscape Architect. 3. Deviations in planting schedule from MnDOT Spec 2575.3.A will be at the approval of the Landscape Architect. 3.04 MULCH A. Conform to Section 01 57 13, Part 2.03. B. Applying Mulch: Conform to MnDOT Spec 2575.3E. Mulch shall be hydraulically applied (hydro mulch). 3.05 TOPSOIL A. Place topsoil subgrade. Final in place depth shall be as shown on the drawings. B. Surface of topsoil shall conform to the final grade. C. Place topsoil so as not to compact underlying soils. Do not compact topsoil. 3.06 COMPOST A. When Compost is specified, thoroughly mix specified compost with specified topsoil prior to placement. 3.07 TURF ESTABLISHMENT A. Water seeded and or sodded areas as necessary during the establishment period to provide establishment of turf over 90 percent per each square foot of seeded areas and 100 percent of sodded areas. TURF AND GRASSES 2015 Stantec 1 1938031 13 329200-5 3.08 MAINTENANCE A. Keep all sodded areas thoroughly moist by watering (or rainfall) for a period of 30 days. Water trucks shall not be driven on seeded or sodded areas. The Contractor is responsible for mowing and weed control until the Landscape Architect performs the final inspection for 30 days from the date of installation, whichever is longer. Contractor shall be responsible for mowing sod areas for 30 days following approval of initial sodding by the Landscape Architect. Areas that require re- sodding shall be maintained by the Contractor for an additional 30 days. B. Any sod that does not show definite growth and establishment by the end of the establishment period shall be replaced and established at the proper season by the Contractor at his /her expense. C. Seed maintenance shall be done in conformance with the 2014 MnDOT Seeding Manual - Maintenance Requirements for year 1. D. Watering of seeded and sodded areas shall be done throughout the establishment period to ensure establishment of permanent vegetation. 3.09 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Landscape Architect, provided Work offered for inspection is complete, including maintenance for the portion in question. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. 1. All permanent seed species within the applied mix shall be uniformly established over the seeded area. 2. The acceptance of the seed establishment shall be at the Landscape Architect's discretion. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re- inspected by Landscape Architect and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. END Of SECTION © 2015 Stantec 1 1938031 13 TURF AND GRASSES 329200 -6 SECTION 32 93 00 PLANTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Furnish plants and planting soil required, bed preparation, plant pits, pruning, planting, supplements, backfill, wrapping, staking, protection, watering, mulching, fertilizing, and maintenance. 1.02 RELATED SECTIONS A. Section 32 92 00 - Turf and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.). B. American National Standards Institute (ANSI) 1. ANSI Z60.1 - American Standard for Nursery Stock. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01 33 00: 1. Product Data: Provide all nursery stock submittal materials in accordance with MnDOT Spec. 2571.2A2. 2. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Landscape Architect 5 days prior to bulk delivery. 1.05 REGULATORY REQUIREMENTS A. Comply with regulatory agency requirements for fertilizer and herbicide compositions. 1.06 SITE CONDITIONS A. When excavation is required for planting, locate and protect all adjacent underground utilities. B. Protect established turf areas during planting operations. 1.07 SEQUENCING AND SCHEDULING A. Planting Seasons 1. Spring: April to June 1. 2. Fall: August 20 to October 1. 3. No Work shall be done when the ground is frozen, snow covered, too wet, or in an otherwise unsuitable condition for planting. PLANTS © 2015 Stantec 1 1938031 13 329300-1 No planting shall take place before the irrigation system is installed, tested, and approved. Special conditions may exist that warrants a variance in the specified planting dates or conditions. Submit a written request to the Landscape Architect stating the special conditions and proposal variance. 1.08 QUALITY ASSURANCE A. Qualifications 1. Nursery: Company specializing in growing and cultivating the specified plants with documented experience as represented by a list of completed past projects. 2. Installer: Company specializing in installing and planting the specified plants with a minimum of 3 -years documented experience as represented by a list of completed past projects. B. General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. C. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non - availability to the Landscape Architect, together with proposal for use of equivalent material. D. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by a recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whenever applicable. E. Trees, Shrubs, and Perennials: Provide trees, shrubs, and perennials of quantity, size, genus, species, and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock." Provide healthy, vigorous stock, gown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae, and defects, such as knots, hail damage, sun - scald, injuries, abrasions, or disfigurement. F. Plant Names and Labels: The nomenclature used in the Drawings and Specifications conforms with few exceptions, to that of the current edition of Standardized Plant Names as adopted by the American Joint Committee on Horticulture Nomenclature. G. Workers: Landscaping work shall be performed by personnel familiar with planting procedures, and Work shall be Landscape Architected our under the direction of a qualified planting supervisor. H. Inspection: The Landscape Architect will inspect shrubs and perennials at place of growth before planting, for compliance with requirements for genus, species, variety, size, and quality. Landscape Architect retains the right to further inspect shrubs and perennials for size and condition of balls and root systems, insects, injuries and latent defects, and to reject unsatisfactory or defective material at any time during progress of Work. Remove rejected trees and perennials within 8 hours from the Site. I. All plant material shall be hardy stock grown in a similar hardiness zone for a minimum of 2 years. PLANTS 329300 -2 2015 Stantec 1 193803113 J. Fertilizer Manufacturer's Certificate of Compliance: Written documentation verifying compliance with chemical analysis of fertilizer furnished. Submit to Landscape Architect 5 days prior to delivery. Most Deciduous Trees and Shrubs: Transplant in early spring after ground thaws and buds on trees or shrubs begin to swell, or in fall after leaves drop and before ground freezes. Evergreens: Transplant in late summer to early fall (prone to winter browning if transplanting is delayed to late fall). 1.09 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall be 2 years, and shall begin upon written approval of Work. PART 2 PRODUCTS 2.01 MATERIALS A. Topsoil 1. Topsoil for use as a plant growing medium in the perennial, shrub, and tree planting beds. 2. Loam Topsoil Borrow: Conform to MnDOT Spec. 3877.213 (Table 3877 -2). B. Mulch 1. Conform to MnDOT Spec. 3882. 2. Use double shredded hardwood bark mulch, undyed. Contractor must verify that mulch is from a non - termite infested source. C. Fertilizer 1. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. 2. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. 3. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). D. Compost: Conform to MnDOT Spec. 3890.213. E. Plant and Nursery Stock: Conform AND Z60.1 1. Pruned and shaped prior to digging and balling. 2. Remove all dead, rubbing, damaged, or diseased branches. 3. Root ball minimum diameters and depths shall conform to ANZI Z60.1. 4. Unless specified otherwise, the minimum shrub size per type is as follows: a. Type 1 - Small Shrub or Creeping Conifer: 12 inch height /spread in No. 2 container class. b. Type 2 - Intermediate Shrub or Semi - Spreading Conifer: 15 inch height /spread in No. 2 container class. F. Geotextile Fabric 1. Conform to MnDOT Spec. 3733, Type 1. 2. Geotextile shall not be left exposed to the sun for a period in excess of 7 days without being covered. PLANTS © 2015 Stantec 1 193803113 329300-3 G. Steel Edging 1. Provide 3/16 inch (7ga) x 5 inch steel edging, with l0ga x 12 inch tapered steel stakes; color to be black. Provide pre- manufactured 90 degree bends at all right angle corners. Install in locations indicated on the Drawings. 2.02 ACCESSORIES A. Tree Wrapping: 2 -ply asphalt cemented crepe paper furnished in strips. B. Stakes: Softwood, pointed end, free of defects, or rolled steel posts. C. Wire Ties and Guys: Minimum 12 gauge, twisted 2 strands, pliable galvanized steel. D. Plant Protectors for Guy Wires 1. Minimum 10 inches wide, 40 mil thick polyethylene or polypropylene, no rubber or plastic hose permitted. 2. Length: 16 inches long. E. Safety Flags for Guy Wires 1. Material: Fluorescent orange surveyor's plastic tape. 2. Length: Minimum 6 inches. F. Soil Amendments: Porous ceramics and hydrophilic absorbing polymers used to modify the physical characteristics of poor soils by balancing or managing water and oxygen in the soil will be reviewed for approval based on the information provided by the product label and the manufacturer's recommendations. G. Water: Non - deleterious to plants or animals. H. Rodent Protection: Conform to MnDOT Spec. 2571.2C4. PART 3 EXECUTION 3.01 DELIVERY AND STORAGE A. Delivery 1, Notify Landscape Architect of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Protect trees during transport by tying in the branches and covering all exposed branches. 3. The use of equipment, such as "tree spades," is permitted provided the plant balls are sized in accordance with ANSI Z60.1 and tops are protected from damage. 4. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. PLANTS 329300 -4 © 2015 Stantec 1 1938031 13 Store plants not installed on the day of arrival at the Site as follows: a. Shade and protect plants from the wind when stored outside. b. Heel in bare root plants. c. Protect plants stored on the Project from drying out at all times by covering the balls or roots with moist sawdust, wood chips, shredded bark, peat moss, or other similar mulching material. d. Keep plants, including those in containers, in a moist condition until planted, by watering with fine mist spray. 3.02 PLANT INSTALLATION A. Layout 1. Layout individual tree and shrub locations and areas for multiple plantings. 2. Stake locations and outline areas. Center holes at staked locations. 3. Verify the location of any underground utilities and adjust locations as necessary 4. Do not start planting work until layout is approved by the Landscape Architect. 5. Make minor adjustments as required. B. Preparing Plant Holes 1. Do not begin Work on plant holes until after finish grading has been completed. 2. Dig plant pits so that they have vertical sides and flat bottoms. When pits are dug with an auger and the sides of the pits become glazed, scarify the glazed surface. Size the plant pits as shown on Drawings, otherwise, the minimum allowable dimensions of plant pits shall be as follows: a. Pit depths shall be 150 mm (6 inches) deeper for shrubs and 225 mm (9 inches) deeper for trees than the depth of ball or root spread; for ball or root spread up to 600 mm (2 feet). b. Pit diameters shall be twice the ball or root spread; for ball or root spread from 600 to 1,200 mm (2 to 4 feet), pit diameters shall be 600 mm (2 feet) greater. c. For ball or root spread over 1,200 mm (4 feet), pit diameters shall be 1 -1 /2 times the ball or root spread. 3. Where existing soil is to be used in place, till new ground cover and plant beds to a depth of 100 mm (4 inches). Spread peat uniformly over the bed to depth of 50 mm (2 inches) and thoroughly incorporate it into the existing soil to a depth of 100 mm (4 inches) using a roto- tiller or similar type of equipment to obtain a uniform and well pulverized soil mix. During tillage operations, remove all sticks, stones, roots, and other objectionable materials. Bring plant beds to a smooth and even surface conforming to established grades. 4. In areas of new grading where existing soil is being replaced for the construction of new ground cover and plant beds, remove 100 mm (4 inches) of existing soil and replace with topsoil. Plant beds shall be brought to a smooth and even surface conforming to established grades. Till 50 mm (2 inches) of peat into the topsoil as specified. 5. Using topsoil form earth saucers or water basins for watering around plants. 6. Treat plant saucers, shrub, and ground cover bed areas, prior to mulching, with an approved pre- emergent herbicide. Plant ground cover in areas to receive erosion control material through the material after material is in place. 7. Remove foreign materials and undesirable plants and their roots. Do not bury foreign material beneath areas to be landscaped or restored. Remove contaminated subsoil. 8. Rototill or aerate any planting soil compacted by operations. PLANTS 0 2015 Stantec 1 1938031 13 329300-5 C. Pruning: Prune immediately prior to planting to remove stock damaged during transport and movement. D. Setting Plants 1. Field Grown and Container Grown Stock a. Handle balled and bur lapped, and container -grown plants only by the ball or container. Remove container -grown plants in such a way to prevent damage to plants or root system. b. Set plants plumb and hold in position until sufficient soil has been firmly placed around the roots or ball. Set plants in relation to surrounding grade so that they are even with the depth at which they were grown in the nursery, collecting field, or container. c. Plant perennial and ground cover plants after the mulch is in place. Avoid contaminating the mulch with the planting soil. d. For balled and bur lapped plants, carefully remove excess burlap and tying materials and fold back. Where plastic wrap or treated burlap is used in lieu of burlap, completely remove these materials before backfilling. e. Remove excess soil from the top of B &B and container grown trees to a point at the root flair. Finish grade should not be higher than the root flair. f. Backfill plants with planting soil mixture as specified to approximately half the depth of the ball and then tamp and water. Tamp and water remainder of backfill Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. 2. Bare -Root Stock a. Soak roots overnight before planting. Protect roots from drying during installation. b. Set plants plumb arranging the roots in a natural position without tangling or turning up to surface. c. Remove damaged roots with a clean cut. Paint cuts larger than 13 mm (1 /2 inch) in diameter with tree wound dressing. d. Carefully work Planting Soil Mixture in among the roots. Tamp and water the remainder of Planting Soil Mixture; then form earth saucers or water basins around isolated plants with topsoil. E. Remove surplus subsoil and topsoil from Site. 3.03 WATERING A. Water each plant within 2 hours of planting. B. Water to thoroughly saturate all planting soil. C. Bring planting soil to specified level within 5 days of initial watering and saturate additional soil. D. Water all plants thoroughly as soil moisture is depleted (at least once per week during periods of average rainfall) until the Work is accepted. 3.04 MULCHING A. Place mulch material as described on details within 48 hours of the second watering, unless otherwise approved by Landscape Architect. Dish top of backfill to allow for mulching. rLP11V I © 2015 Stantec 1 1938031 13 329300-6 B. Mulch: For trees, provide not less than 4 inch thickness of mulch and work into top of backfill and finish to maintain dish or level with adjacent finish grades as shown in the Drawings. For other plants, provide mulch depth as indicated on details. 3.05 PROTECTION A. General 1. Protect landscape work and materials from damage due to landscape operations, operation by other contractors, trades, and trespassers. 2. Maintain protection during installation and maintenance periods. B. Trees 1. Guy and stake trees immediately after planting if needed due to potential wind damage. Conform to MnDOT Spec. 2571.31. Follow Drawing Details assuring that wires have slack to allow tree to move and develop strong trunk. 2. Inspect tree trunks for injury, improper pruning, and insect infestation /disease and take corrective measures before wrapping. 3. Wrap trees at end of growing season and remove prior to following growing season. Wrap all trees from the ground to the first major branch. 4. Install rodent protection. 3.06 EDGING PLANT BEDS A. Uniformly edge plant beds to provide a clear cut division line between the planted area and the adjacent lawn. B. Install metal edging materials per the manufacturer's recommendations and as indicated in the Drawings. Set top of edging flush with or up to 1 inch above finished grade. Set top of stake 1/2 inch below top of edging. 3.07 CLEANUP AND RESTORATION A. During landscape work keep pavements clean and work area in an orderly condition. B. Treat, restore, or replace in kind turf, sod, plantings, or other facilities damaged by Contractor's operations. C. Remove all excess excavated soils from plant holes from the Site. D. Collect and dispose of all excess materials, packaging, and containers. 3.08 MAINTENANCE A. During the Plant Establishment Period the Contractor shall 1. Water all plants to maintain an adequate supply of moisture within the root zone. An adequate supply of moisture is the equivalent of 25 mm (1 inch) of absorbed water per week either through natural rainfall or augmented by periodic watering. Apply water at a moderate rate so as not to displace the mulch or flood the plants. 2. Prune plants and replace mulch as required. 3. Replace and restore stakes, guy wires, and eroded plant saucers as required. 4. In plant beds and saucers, remove grass, weeds, and other undesired vegetation, including the root growth, before they reach a height of 75 mm (3 inches). PLANTS © 2015 Stantec 1 193803113 329300-7 5. Spray with approved insecticides and fungicides to control pests and ensure plant survival in a healthy growing condition, as directed by the Landscape Architect. 6. Remove plants that die during this period and replace each plant with 1 of the same size and species. 7. The Contractor is not responsible for theft or damage to plants by non - contractor vehicles or vandalism once plants are installed and approved. 3.09 INSPECTION, ACCEPTANCE, AND WARRANTY A. Landscape work will be inspected for acceptance upon completion of all Work. B. Landscape Architect shall inspect work, and provide written acceptance of work. The establishment period and warranty will begin upon written acceptance. C. All plants will have a 2 -year establishment and warranty period. D. At the conclusion of the establishment and warranty period, a final inspection of planting will be made to determine the conditions of Work. When Work does not comply with Specifications, Contractor shall replace rejected work. Replacement plants will include a second establishment period. Remove rejected plants and materials from the Site. END OF SECTION 1 -.1- © 2015 Stantec 1 1938031 13 329300-8 SECTION 33 05 05 TRENCHING AND BACKFILLING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Trenching requirements for underground piping and appurtenances, including requirements for excavation, backfill, and compaction. B. Related Sections 1. Section 33 40 00 - Storm Drainage Utilities. 2. Section 33 46 00 - Subdrainage. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2014 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 2. 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. American Society of Testing Materials (ASTM) 1. C1479 - Standard Practice for Installation of Precast Concrete Sewer, Storm Drain, and Culvert Pipe Using Standard Installations. 2. D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- Ibf /ft). 1.03 SUBMITTALS A. Provide the following submittals consistent with Section 01 3300: 1. Product Data for each Borrow Material: a. Name and location of source. b. Results of gradation tests. 1.04 DEFINITIONS A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. TRENCHING AND BACKFILLING © 2015 Stantec 1 1938031 13 330505-1 D. Filter Aggregate: Free draining mineral product used around drain tile pipe. E. Rock Excavation: Includes such rocks that are not decomposed, weathered, or shattered, and which will require blasting, barring, wedging, or use of air tools for removal. Also included are any boulders, concrete, or masonry structure (except concrete pavement, curb and gutter, and sidewalk) exceeding 1 cubic yard. F. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. G. Sand Cushion: Aggregate bedding material used around pipe in areas where rock excavation is encountered, where pipe insulation is used, and when crossing existing utilities. 1.05 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. D. Provide continuance of flow of existing sewer and other facilities. E. Backfill and compact all trench excavations promptly after the pipe is laid. 1.06 WARRANTY A. Trench settlements that occur during the correction period and are greater than 1/2 inch as measured from the beginning to the end of the settlement, as determined by the Engineer, will be repaired in a manner acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Polyvinyl Chloride (PVC) Pipe and High Density Polyethylene (HDPE) Pipe 1. Comply with MnDOT Spec. 3149.281 for granular borrow a. No on the Site granular material encountered during construction may be used without permission of the Engineer. b. 1 inch maximum aggregate size. 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.2H Modified 1. Crushing Requirements: At least 50 percent of the material by weight retained on the No. 4 sieve shall have 1 or more crushed faces. IKtIV I..I'IIIVV r�rvv or��,n i�uiw © 2015 Stantec 1 193803113 330505-2 2.03 SAND CUSHION MATERIAL A. Comply with MnDOT Spec. 3149.215.1 for Granular Borrow 1. No on Site granular material encountered during construction may be used without the permission of the Engineer. 2. 1 inch maximum aggregate size. 2.04 BACKFILL MATERIAL A. Suitable materials selected from the excavated materials to the extent available and practical. B. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. Prior to construction, inspect existing utility structures and surface features, and document condition. B. Re- inspect foundation soils if rain fall or snow has occurred after initial inspection but prior to placing pipe and bedding. 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100- Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. TRENCHING AND BACKFILLING © 2015 Stantec 1 193803113 330505-3 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. Trench Excavation 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 3. Correct any part of the trench that is inadvertently excavated below grade with approved material compacted to 100- Percent Standard Proctor Density. 4. Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to industrial safety to a safe angle of repose. Angle of repose may be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements of the Occupational Safety and Health Act (OSHA), whichever is most restrictive. 5. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, etc. 6. Segregate soils in the excavated material that are not suitable for trench backfill and dispose of in a manner that is consistent with the requirements specified herein under "Backfill Above Pipe Zone." 7. Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contractor. 8. Haul materials, other than natural soil materials that are suitable as backfill material, to an approved landfill as directed by the Engineer. C. Water Control 1. Dewater the ground as necessary to excavate the trench and install the pipe. All pipe and structures shall be laid in a dry condition prior to backfill. Maintain groundwater level a minimum of 1 foot below the pipe invert. Measure the rate of flow from dewatering pumps at the beginning of the dewatering operation(s) and once per week thereafter. Keep a daily log of hours pumped. D. Trench Bottom 1. Excavate to a sufficient depth to insure adequate foundation when the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist. Bring excavation up to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 2. Provide temporary support, remove, relocate, or reconstruct existing utilities located within the trench excavation. Utility shall designate method employed. Use particular care and provide compacted fill or other stable support for utility crossings to prevent detrimental displacement, rupture, or failure. 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material TRENCHING AND BACKFILLING 330505 -4 © 2015 Stantec 1 1938031 13 a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. c. For PVC and HDPE Pipe, the sand cushion shall be placed to 1 foot above the pipe and shall be paid as pipe bedding. The remainder of the trench up to the top of the rock shall be backfilled with granular backfill material. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Polyvinyl Chloride Sewer Pipe: Bed pipe in accordance with ASTM D2321. B. High Density Polyethylene (HDPE) Profile Wall Pipe: Bed pipe in accordance with ASTM D2321. C. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. D. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 3.06 BACKFILL ABOVE PIPE ZONE A. Use suitable materials meeting the requirements of Backfill Material. B. Place in uniform depth layers not to exceed 12 inches before compaction. Complete the compaction of each layer before placing material for the succeeding layer. C. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.3F1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent, except to 100 percent in the upper 3 feet. 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. TRENCHING AND BACKFILLING © 2015 Stantec 1 1938031 13 330505-5 E. Any deficiency in quantity of backfill material (caused by shrinkage or settlement) shall be supplied at no additional cost to the Owner. F. Excavated material not suitable or required for backfill shall be disposed of outside of the Site. 3.08 QUALITY CONTROL A. Density Tests: To be performed by an approved soils testing firm at various locations and depths throughout the Site as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests. B. Failed density test areas shall be excavated and re- compacted until the density requirements are met. END OF SECTION © 2015 Stantec 1 1938031 13 TRENCHING AND BACKFILLING 330505 -b SECTION 33 40 00 STORM DRAINAGE UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Storm sewer pipe, manholes, catch basins, fittings, and miscellaneous appurtenances. B. Related Sections 1. Section 33 05 05 - Trenching and Backfilling. 2, Section 33 46 00 - Subdrainage. 1.02 REFERENCES A. American Society of Testing and Materials (ASTM) 1. A48 - Specification for Gray Iron Castings. 2. Al 53 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 3. A615 - Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement. 4. Cl 39 - Specification for Concrete Masonry Units for Construction of Catch Basins and Manholes. 5. C150 - Specification for Portland Cement. 6. C206 - Specification for Finishing Hydrated Lime. 7. C478 - Specification for Precast Reinforced Concrete Manhole Sections. 8. D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials for Wire and Cable. 9. D2837 - Specification for Standard Test Method for Obtaining Hydrostatic Design Basis for Thermoplastic Pipe Materials. 10. D3212 - Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible Elastomeric Seals. 11. F477 - Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe. 1.03 SEQUENCING AND SCHEDULING A. Do not pursue work- causing shut off of utility service (gas, water, sewer, electric, telephone, TV, etc.) to consumers until the utility owner is contacted and all consumers are notified of the shut -off schedule. 1.04 SUBMITTALS A. Submit Shop Drawings for storm sewer structures consistent with Section 01 33 00. B. Shop drawings shall indicate complete information for fabrication and installation of units. Include the following: 1. Plans and elevations locating and defining all material furnished by manufacturers. 2. Sections and details showing connections, cast -in items, field installed lifting devices, capacities, all openings, and their relation to the structure. STORM DRAINAGE UTILITIES © 2015 Stantec 1 1938031 13 334000-1 C. Submit Manufacturer's Certificate of Compliance for the following items: 1. Gray iron castings. 2. Precast concrete manhole components. 3. HDPE piping and fittings. PART 2 PRODUCTS 2.01 MORTAR A. Mortar Materials 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 CAST IRON STORM MANHOLE AND CATCH BASIN FRAMES AND COVERS A. General Requirement: ASTM A48. B. Material: Class 35 cast iron. Best grade. Free from injurious defects and flaws. C. Type and Style: As shown on Drawing Schedule. Covers without grate openings shall be stamped "STORM SEWER." 2.03 CONCRETE STORM MANHOLES AND CATCH BASIN STRUCTURES A. General Requirements: ASTM C478 and details on the Drawings. B. Structures and bases shall be of precast concrete. C. Manhole Joints: Rubber o -ring gasket type meeting ASTM C443. D. Manhole Steps: Reinforced polypropylene plastic steps with No. 2 deformed grade steel rod. 2.04 STRUCTURE DESIGN: A. It is the Contractor's responsibility to have the structure sections and top and bottom slabs designed and the detailed drawings prepared by a Professional Engineer, experienced in precast concrete manhole structure design, who is registered in the State of Minnesota. B. The design of the structure base slab, perimeter walls, and top slab shall be designed for shear strength, flexural strength, and other applicable strengths due to hydrostatic loading. The hydrostatic loading (water table elevations) shall be determined from the soil borings, unless noted otherwise on the Drawings. The design of the structure shall conform to a minimum factor of safety equal to 1.5 for buoyancy and flotation. STORM DRAINAGE UTILITIES 334000 -2 © 2015 Stantec 1 193803113 2.05 PIPE MATERIALS A. Corrugated Dual -Wall High Density Polyethylene (HDPE) Pipe and Fittings 1. General Reqt: ASTM F2648. Pipe shall be ADS N -12 WT IB pipe, or approved equal. 2. Materials: HDPE plastic compound meeting the requirements of cell classification 424420C, as defined and described in ASTM D3350, except that carbon black content should not exceed 4.0 percent. 3. Joints shall be watertight and shall conform to ASTM D3212. Gaskets shall meet the requirements of ASTM F477. 4. Each pipe shall be identified with the manufacture's name, trade name or trademark, and code from plant location, machine, and date of manufacture; nominal pipe size in inches; and ASTM F2648. 5. Fittings shall conform to ASTM F2306. 6. Provide appropriate transition fittings where HDPE piping connects to PVC or other piping /fitting materials shown on the Drawings. B. Polyvinyl Chloride (PVC) Pipe and Fittings 1. PVC pipe shall be Schedule 40, and conform to the requirements of Section 13 51 13.2.01. 2.06 12 INCH YARD DRAIN STRUCTURES AND GRATES (SS -4 AND SS -5) A. Structures shall be plastic, as manufactured by Nytoplast (nytoplast- us.com), or approved equal. B. Basic structures shall be Nytoplast Drain Basins, Part No. 2812AG_X, 12 inch diameter structures, with two openings for structure SS -4, and one opening for structure SS -5. Provide appropriate inlet /outlet adapter for each opening. C. Grates shall be 12 inch diameter ductile iron dome grates (no frames), painted black, Nytoplast Part No. 1299CGD, or approved equal. Each grate shall include stainless steel adjustable locking mechanism, Nytoplast Part No. 1230DOMELOCK, or approved equal. PART 3 EXECUTION 3.01 PREPARATION A. Trench Excavation and Backfill shall conform to Section 33 05 05. 3.02 INSTALLATION A. Pipe Installation 1. Lay and maintain pipe appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by Engineer. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 2. General Pipe Installation Procedures a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. Lay pipe upgrade with spigot ends pointing in the direction of flow. 4. All joints must be watertight. STORM DRAINAGE UTILITIES © 2015 Stantec 1 1938031 13 334000-3 5. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 6. Where cut -ins make it impossible to construct bell and spigot joints or when dissimilar pipe materials are joined, a reinforced concrete collar shall be placed completely surrounding the joint or the connection shall be made by using an approved adapter. 7. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly re -laid as directed by the Engineer. B. Structures and Appurtenances Installation 1. Furnish and install structures in accordance with the Drawings. 2. Excavate to depth and size as shown in the Drawings. 3. Poured in place bases must be acceptably cured before manhole sections are placed on the hardened slab. Poured in place bases must be approved by Owner. 4. Preformed inverts are not allowed. 5. Pour inverts shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free, uninterrupted flow with all surfaces sloping to the flow line. 6. All concrete pipes entering manholes must be cut with a concrete saw. 7. Steps a. Locate on the downstream side, except for pipe 24 inches in diameter or greater. Install in the most appropriate place, to provide suitable access. b. Secure and neatly mortar in place 15 inches on center spacing. 8. Position vertical wall of the eccentric cone on the downstream side. 9. On structures with a build that contains more than 1 barrel section, the section immediately below the precast top slab shall be maximum 16 inch height. 10. Lift holes neatly mortared up. C. Yard Drain Structure Installation 1. Furnish and install structures in accordance with the structure manufacturer's installation instructions and details, including Nytoplast Drawing 7001 -110 -189 Rev D. 2. Bed and backfill structure using improved pipe foundation material (MnDOT Spec. 3149.2H Modified), as specified in Section 33 05 05. Structures will be installed in planting beds, so no concrete slab is required at the surface. 3.03 FIELD QUALITY CONTROL A. Scope 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning 1. Consists of Cleaning the Pipe and Structures a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and /or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. The bailing or flushing method of cleaning pipe is acceptable only if adequate provisions acceptable to the Engineer for keeping dirt and debris out of the existing sewer system or ponds are employed. Jetting may be required. STORM DRAINAGE UTILITIES 334000 -4 © 2015 Stantec 1 1938031 13 3. Complete prior to final inspection for acceptance. C. Required Tests and Inspections 1. Infiltration a. To determine the amount of ground water infiltration into the sewers. b. Test waived if no visible infiltration is observed during the lamping inspection. c. Measurement made by means of 90 degree v -notch weirs placed in the lines as directed by the Engineer. d. Measurements taken at the points where in the Engineer's opinion the flow of water in the sewer is greater than the maximum allowable leakage. e. Maximum Allowable Rate of Leakage: Not more than 100 gallons per mile per inch diameter per day. f. Tests may be taken between individual manholes and the infiltration in any given line must not exceed the specified maximum allowable rate. g. Method of Measurement: Measurement of time for a predetermined volume of flow to occur. 2. Lamping a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. c. Verify there are no broken or deflective pipes. d. Verify that joints are all home. e. Verify structures conform to specified requirements. 3. Mandrel Test: (for HDPE Storm Sewer Pipe) a. Perform on HDPE main after installation has been completed. b. Minimum waiting period of 30 days after completion of installation prior to performing test. c. Contractor to furnish the mandrel and all labor, materials, and equipment necessary to perform the test. d. Engineer must be present during pulling of the mandrel. e. Deflection of inside diameter of pipe in excess of 5 percent shall be considered failure of the test. f. Contractor shall repair /replace any failing segment of main, such that it successfully passes the test. All costs for such work, including but not limited to excavation, new materials, and restoration of surface to existing condition, shall be the sole expense of the Contractor. g. Owner reserves right to measure deflection of pipe at any time during the warranty period. 3.04 PROTECTION A. Plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure manholes and structures immediately after completion or before suspension of operations at the end of working day with castings or suitable alternative device. C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Mark each plug location with 4 inches by 4 inches timbers to above grade to aid in marking the future connection. END OF SECTION STORM DRAINAGE UTILITIES © 2015 Stantec 1 1938031 13 334000-5 This Page Left Blank Intentionally SUBDRAINAGE PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Subsurface drain tile. PART 2 PRODUCTS 2.01 PIPE AND FITTINGS A. Drain Tile Piping and Fittings 1. Manufacturer shall be Prinsco, Advanced Drainage Systems, Inc., or approved equal. 2. Piping shall be perforated, heavy duty, corrugated polyethylene piping meeting AASHTO Standard M -252. Drain the shall not have fabric sock. 3. Prefabricated fittings and components shall be used for all connections, fittings, and accessories. All fittings and components shall be provided by the some manufacturer as the drain tile piping. 2.02 AGGREGATE MATERIAL A. Coarse Filter Aggregate shall be free draining mineral product meeting the following gradation requirements: Size Percent Passing 1 inch 100 3/ inch 85 to 100 3/8 inch 30 to 60 #4 0 to 10 2.03 GEOTEXTILE WRAP A. Geotextile wrap shall conform to the following requirements: 1. Grab tensile strength minimum, each principal direction: 100 pounds (0.45kN) 2. Seam breaking strength minimum: 90 pounds (0.40kN). 3. Apparent opening size maximum opening size of range: 40 -120 U.S. Std. sieve size 0.125 -0.425 mm). 4. Permittivity minimum: 0.7 per sec. PART 3 EXECUTION 3.01 GENERAL A. The location, alignment, depth and slopes of the subsurface drains and outlets are shown in a general manner on the Drawings. Coordinate exact location and elevations with the Engineer. SUBDRAINAGE © 2015 Stantec 1 1938031 13 334600-1 3.02 DRAIN TILE INSTALLATION A. Conform to details on Drawings. B. Construct at locations as shown on the Drawings. Pipe elevations shall be flat or sloping toward point of discharge and /or as shown on the drawings. C. Pipe Bedding: Filter /coarse aggregate. D. Plug upstream ends of the drain pipes. E. Sections of the drain pipe shall be firmly joined. F. Compaction: Conform to Section 13 51 13. G. Flushing: After installation has been completed, pipes shall be flushed with sufficient water to remove material that has entered the pipes during construction. END OF SECTION © 2015 Stantec 1193803113 SUBDRAINAGE 334600 -2 LIUCJ1A--1 yr , 1W11% . ik- R CERTIFICATE OF LIABILITY INSURANCE �—� ­DATE 06 /2912015Y) 06/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Charles Allen Agency, Inc. Mark Gresser, CEO CONTACT Melissa Anderson PHONE FAx IPA Ext: 320 - 258 -9379 FAX No): please email E-MAIL ADDRESS: melissa.anderson@chariesallenagency.com 4 13th Avenue North aite Park, MN 56387 Mark Gresser, CEO INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Insurance EACH OCCURRENCE $ 1,000,000 INSURED Odesa Il, LLC 9003 Mayhew Lake Road NE Sauk Rapids, MN 56379 INSURER B: $ 300 000 INSURER C MED EXP (Any one person) $ 15,000 INSURER D: $ 1,000,000 INSURER E: GENERAL AGGREGATE $ 2,000,000 INSURER F: $ 2,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D INSD B WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X 55983459 04101/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300 000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY � PRO JECT ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AU TOS X NON -OWNED HIRED AUTOS AUTOS 55983459 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT Ea accident $ 1 000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 55983459 04/0112015 04101/2016 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED7 X I RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y� OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 55983459 04/01/2015 0410112016 PER OTH- �( STATUTE ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E. L. DISEASE - POLICY LIMIT 500 000 $ , A Lease /Rent Equip 55983459 04101/2015 04101/2016 L/R Limit 210,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Huset Park Splash Pad, The City of Columbia Heights is listed as additional insured regarding general liability for ongoing & completed operations, when required by written contract. TE CITCOLI City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE - / c_TA ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD