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IP #807PROJECT NO. 807 Northwood East sediment pond Res. 06-118 8/14/06 Resolution accepting the feasibility report for the proposed construction of a water quality pond located north of the Northwood Park wetland (improvement project no. 807) Res. 07-159 10/22/07 Resolution approving the cooperative agreement for Northwood Lake improvement (Northwood East Sediment Pond — improvement project no. 807) Item 8.5 7/28/08 Presentation of the proposed construction of a sediment pond located north of the Northwood Park wetland, and a motion authorizing the preparation of plans and specifications for the sediment pond (improvement project 807) Authorized preparation of plans and specs for pond but directed staff to pursue channel cleaning as separate project. Res. 08-158 11/10/08 Resolution awarding contract to Doboszenski & Sons Inc. for construction of the Northwood east sediment pond for $57,100.50 (improvement project no. 807) Res. 09-60 4/27/09 Resolution awarding contract for the preparation, planting, and three-year maintenance of the Wincrest regional pond and the Northwood east sediment pond to Applied Ecological Services (improvement project nos. 791 and 807) Res. 09-95 7/27/09 Resolution to accept the Northwood east sediment pond project and approve the final payment request (improvement project 807) Res. 2012-100 6/25/12 Resolution approving final payment of $1,390.72 to Applied Ecological Services for the preparation, planting, and three-year maintenance of the Wincrest regional pond and the Northwood east sediment pond (project nos. 791 and 807) COUNCIL VI I Request for Action Originating Department Approved for Agenda Agenda Section Public Works July 27, 2009 Consent Item No. By: Guy Johnson By: Kirk McDonald, City Manager 6.10 Resolution to accept the Northwood east sediment pond project and approve the final payment request (improvement project 807) Requested Action Staff recommends that Council approve a resolution to accept the Northwood east sediment pond project and authorize final payment to Doboszenski & Sons Inc., in the amount of $6,216.78. Policy /Past Practice An improvement project for construction of a sediment pond located north of the Northwood Park wetland was part of the city's 1996 surface water management plan and was part of the Bassett Creek Watershed Management Commission's ( BCWMC) current capital improvement plan (CIP). Background The project involved construction of a sediment pond north of the park trail that runs along the north side of the Northwood wetland. In August of 2006, Council accepted a feasibility report on the proposed construction of a sediment pond at this location. The report was given to the BCWMC for their review and was accepted. The Council passed a resolution approving a cooperative agreement between the BCWMC and the city of New Hope in October of 2007. The agreement was for construction and funding of this new sediment pond. The project was included in the Bassett Creek Watershed Management Commission's CIP for construction in 2008. On July 28, 2008, the Council authorized the preparation of plans and specifications for the sediment pond. The Council approved the plans and specifications and authorized bidding the project at its September 22, 2008, meeting. Council awarded a contract for construction of the pond to Doboszenski & Sons Inc., on November 10, 2008. 1 Motion by A ltb Second by .� To:_ I: \RFA \I'UBWORKS \2009 \807 Northwood Pond Final.doc Request for Action July 27, 2009 Page 2 Funding The engineer's preliminary construction cost estimate was $85,000, with an estimated total project cost of $107,000. Doboszenski & Sons Inc., original bid for the project was $57,100.50. The actual cost for the improvements to the pond, excluding restoration costs, was $41,882.30. The city awarded a separate contract to Applied Ecological Services in the amount of $47,471.88 for restoration and planting of the Northwood east sediment pond and the Wincrest regional pond with a three - year site maintenance agreement for both sites. The Northwood pond site's portion of the contract with Applied Ecological Services was $16,542. Funding is through the Bassett Creek Watershed Management Commission's CIP. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \RFA \PUBWORKS \2009 \807 Northwood Pond Final. doc City of New Hope Resolution No. 09 -95 Resolution to accept the Northwood east sediment pond project and approve the final payment request (improvement project 807) WHEREAS, the city has entered into a contract with Doboszenski & Sons Inc., for construction of a sediment pond located north of the park trail that runs along the north side of the Northwood wetland; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 807 and approve final payment to Doboszenski & Sons Inc., in the amount of $6,216.78; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Doboszenski & Sons Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the Northwood east sediment pond project from Doboszenski & Sons Inc. 2. That the city manager is hereby directed to authorize the final payment of $6,216.78 to Doboszenski & Sons Inc., subject to submittal of the required IC- 134 forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of July, 2009. �- - G j"-" Mayor Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com July 14, 2009 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Northwood East Sediment Pond — Final Payment Client Project No.: 807 Bonestroo File No.: 000034 - 06188 -0 Dear Guy: S= All work under the grading contract for the Northwood East Sediment Pond project is complete. Doboszenski & Sons, Inc., the contractor, has requested final payment in the amount of $6,216.78. Enclosed find the signed final pay request. The contract amount was for $57,100.50. The final value of the work completed on the project was $41,882.30, or $15,218.20 (27 %) less than the contract. The savings realized was primarily due to a less than anticipated excavation volume required and the lack of need to import topsoil material from off -site. We recommend approval of final payment in the amount of $6,216.78. Please contact me at 651.604.4938 if there are any questions. Sincerely, BONESTROO Jason Quisberg, P.E. Attachments: Final Pay Request BonebLl'00 Owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: June 16, 2009 -or Period: 1/7/2009 to 6/16/2009 Request No: 2 AND FINAL -ontractor: Doboszenski & Sons Inc., 9520 Cty, Rd. 19, Loretto, MN 55357 CONTRACTOR'S REQUEST FOR PAYMENT NORTHWOOD EAST SEDIMENT POND BONESTR00 FILE NO. 000034 - 06188 -0 CITY PROJECT NO. 807 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: BONESTR00 Approved by Contractor: DOBOSZENSKI & SONS INC. Specified Contract Completion Date: $ 57,100.50 $ 0.00 $ 0.00 $ 57,100.50 $ 41,882.30 $ 0.00 $ 41,882.30 $ 0.00 $ 41,88230 $ 35,665.52 $ 0.00 2 AND FINAL $ 6,216.78 Approved by Owner: CITY OF NEW HOPE t Date: b 3406188REQ2FI NAL.xls TOTAL BASE BID: $41,88230 TOTAL WORK COMPLETED TO DATE $41,882.30 3406188REQ2FINALAS Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 2000.00 1 $2,000.00 2 CLEAR AND GRUB LS 1 4920.00 1 $4,920.00 3 COMMON EXCAVATION CY 2980 9.10 100 2208 $20,092.80 4 24" CMP FLARED END SECTION WITH TRASH GAURD EA 1 450.00 1 $450.00 5 REMOVE AND REINSTALL 24" RCP FLARED END SECTION EA 1 425.00 1 $425.00 6 CLASS III RANDOM RIPRAP CY 120 81.90 36 120 $9,828.00 7 CULVERT INLET PROTECTION EA 1 115.00 1 $115.00 8 SILT FENCE, MACHINE SLICED LF 250 3.30 $0.00 9 TEMPORARY CONSTRUCTION ENTRANCE EA 2 856.00 2 $1,712.00 10 BONDED FIBER MATRIX SY 1500 1.08 1275 $1,377.00 11 MNDOT SEED MIX 100 AC 0.7 1375.00 0.35 0.7 $962.50 12 SELECT TOP SOIL BORROW (LV) CY 380 18.75 $0.00 TOTAL BASE BID: $41,882.30 TOTAL BASE BID: $41,88230 TOTAL WORK COMPLETED TO DATE $41,882.30 3406188REQ2FINALAS PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 807 BONESTR00 FILE NO. 000034- 06188 -0 CONTRACTOR DOBOSZENSKI & SONS INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainaae Completed 1 12/01/2008 01/06/09 35,665.52 1,877.13 37,542.65 2 AND FINAL 01/07/2009 06/16/09 1 6,216.78 Revised Contract 41,882.30 Material on Hand Total Payment to Date $41,882.30 Original Contract $57,100.50 Retainage Pay No. 2 AND FINAL Change Orders Total Amount Earned $41,882.30 Revised Contract $ 57,100.50 3406188 REQ 2 FI NAL.>ds COUNCIL Vl a Request for Action Originating Department Approved for Agenda Agenda Section Public Works October 22, 2007 Consent Item No. 6.5 By: Guy Johnson By: Resolution approving the cooperative agreement for Northwood wetland improvement (Northwood Lake east sediment pond improvement project No. 807) REQUESTED ACTION Staff is recommending that the Council pass a resolution approving a "cooperative agreement for Northwood Lake east pond improvement" between the Bassett Creek Watershed Management Organization (BCWMO) and the city of New Hope. The agreement is for the construction and funding of a new water quality pond located north of the Northwood Park east wetland (improvement project no. 807). POLICY /PAST PRACTICE An improvement project for a pond at this location is part of the city's 1996 surface water management plan. BACKGROUND The Bassett Creek Watershed Management Organization (BCWMO) has identified improvement projects as part of their 2006 -2010 Capital Improvement Program, adopted on September 16, 2004. Proposed for 2007 was the construction of a storm water quality pond north of the Northwood Park wetland area, east of Boone Avenue. This project is intended to allow sediment and phosphorous to settle in an area maintainable by city staff, reducing the total amount of sediments and phosphorous which now enter the wetland area, eventually leading into the north branch of Bassett Creek. Staff has recommended that the city, along with the BCWMO, improve water quality to the Northwood Park wetland through the creation of a storm water quality pond. MOTION SECOND BY / BY ±,tet �. TO: ` / L KI-A \F'ubworKs \2001\ 1107(: ooperatfveAgreementBassettCreek Request for Action October 22, 2007 Page 2 FUNDING The engineer's cost estimate is $107,250 for construction of the new storm water quality pond. Immediate costs to construct and finance this project will be funded via the storm water utility fund. It is further anticipated that the city will be reimbursed for the project costs from the BCWMO in 2008. ATTACHMENTS The cooperative agreement for Northwood Lake improvements, a copy of "Attachment One" (feasibility report), and the resolution approving the agreement attached. City of New Hope Resolution No. 07 — 15 9 Resolution approving cooperative agreement between the city of New Hope and the Bassett Creek Watershed Management Commission for Northwood wetland improvement (Northwood Lake east pond project No. 807) WHEREAS, the Bassett Creek Watershed Management Commission (BCWMC) has adopted a watershed management plan; and, WHEREAS, the BCWMC management plan includes a capital improvement program (CIP) which includes the construction of a water quality project, the city of New Hope's Northwood Lake east pond, city project No. 807; and, WHEREAS, the city of New Hope now has the ability to seek reimbursement for its cost to construct the Northwood Lake east pond from the BCWMC subject to entering into a cooperative agreement for the project with the BCWMC;. and, WHEREAS, the city engineer has estimated the cost to construct the pond approved for reimbursement subject to the terms of the cooperative agreement will be $107,250; and, WHEREAS, the Council hereby determines it is in the city of New Hope's best interest to enter into the cooperative agreement with the BCWMC for construction of the Northwood Lake east pond in accordance with the cooperative agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That Bassett Creek Watershed Management Commission's cooperative agreement for the construction of the city of New Hope's Northwood Lake east pond, project No. 807, is hereby approved. 2. The mayor and city manager (the "Officers ") are authorized and directed to enter into, and sign on behalf of the city, the cooperative agreement for Northwood Lake east pond improvement. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 22nd day of October, 2006. Attest: City Clerk Al l.. Mayor I:RfA \Pubworks \2006 \789 Bassett Creek Cooperative Agreement Resolution property taxes for four residential units would generate slightly more tax revenue than a commercial property at the site. MOTION Motion was made by Council Member Sommer, seconded by Council Member Item 8.1 Nolte, to refer Planning Case 06 -08 to the city attorney for preparation of a resolution with findings of fact for denial (to be presented within 30 days). Voting in favor: Opem, Hoffe, Nolte, Sommer; Voting Against: Gwin- Lenth, Absent: None, Abstained: None. Motion carried IMP. PROJECT 807 Mayor Opem introduced for discussion Item 8.2, Resolution accepting the Item 8.2 feasibility report for the proposed construction of a water quality pond located north of the Northwood Park wetland (improvement project no. 807). Mr. Vince VanderTop, assistant city engineer, illustrated the project area in Northwood Park, west of Winnetka Avenue just south of the 37th Avenue cul- de -sac. He stated the proposed pond would be a sediment trap to provide water quality benefit by settling out sediments and removing phosphorus. He stated the pond would serve as a means of protection for the existing Northwood creek channel and wetland area. He stated the feasibility report will be forwarded to Bassett Creek Watershed Management Organization for their consideration in amending their capital improvement program. Mr. VanderTop indicated the ponding location has been proposed in an attempt to minimize tree removal. He reviewed the cost estimate of $107,250 which is eligible to be paid by the Bassett Creek Watershed Management Organization's capital improvement program. He stated the watershed commission will be reviewing the proposal at a meeting later this week. He stated construction is anticipated to occur during the winter of 2007. Council Member Gwin -tenth asked Mr. VanderTop to elaborate on the necessity of the pond. Mr. VanderTop stated the proposed Northwood East Sediment Pond is necessary to provide water quality treatment for 22 acres of drainage area located just north of the east end of Northwood Park. He stated the pond will provide regional water quality treatment in compliance with the 1996 City Surface Water Management Plan and the stormwater requirements in the 1998 Bassett Creek Watershed Management Organization's Water Quality Management Policy. He stated the pond will eliminate current erosion and maintenance issues that exist between the discharge point of the existing storm sewer and the Northwood channel and wetland. RESOLUTION 06 -118 Council Member Gwin -tenth introduced the following resolution and moved Item 8.2 its adoption: "RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR THE PROPOSED CONSTRUCTION OF A WATER QUALITY POND LOCATED NORTH OF THE NORTHWOOD PARK WETLAND (IMPROVEMENT PROJECT NO. 807)." The motion for the adoption of the foregoing resolution was seconded by Council Member Nolte, and upon vote being taken thereon, the following voted in favor thereof: Opem, Gwin- Lenth, New Hope City Council August 14, 2006 Page 4 the proposed plans to the watershed. He noted the watershed may then choose to prepare models. Mr. Kirk McDonald, acting city manager, reported that a cost - sharing arrangement for the parking lot may be a possibility with the property owner of Rosalyn Court. TH 169 to Northwood Next Mr. VanderTop reported on the options and related costs for a permanent repair to the large storm water pipe that conveys storm water flow from the west to Northwood Lake's inlet structure. He stated staff's intentions to contact the city of Plymouth to determine the amount of their involvement and also to ensure that an open channel design is feasible. He shared three options with estimates ranging from $70,000 to $220,000. Sediment Pond — north of Northwood Park Mr. Guy Johnson reported that the pond project has been approved as part of Bassett Creek Watershed's CIP. He also discussed the merits of cleaning the Northwood wetland area, west of Winnetka Avenue, in conjunction with the sediment pond construction. Wincrest Regional Pond Mr. VanderTop stated the project will be funded 25% ($91,000) by the Shingle Creek Watershed. He stated staff has met with the property owner of Wincrest Apartments and discussed existing easements. Mr. VanderTop stated it is likely that the project will be completed in 2008/09. Mr. Johnson commented that the city obtained $56,000 from the Winnetka Townhomes project to be used toward the regional pond as well as $174,000 from tax increment financing. Messrs. Johnson and VanderTop departed the meeting at 9:04 p.m. BUCO Mayor Opem introduced for discussion Item 11.5, Update on proposed Item 11.5 Business Use Certificate of Occupancy program for new businesses in New Hope. Mr. Kirk McDonald, acting city manager, inquired whether the City Council favored no fee for the program or a minimal fee such as $20 to $60 per business. Council Member Nolte expressed her preference for no charge for the first visit. The Council agreed to a modest fee such as $25 to cover some of the city's administrative costs. The Council acknowledged the merits of the program including public safety benefits. It was determined that subsequent inspections should require higher fees. Staff was directed to draft an ordinance for presentation to the City City Council Work Session August 20, 2007 Page 6 BASSETT CREEK WATERSHED MANAGEMENT COMMISSION RESOLUTION NO. 07 -11 A RESOLUTION ORDERING 2007 IMPROVEMENTS, DESIGNATING MEMBERS RESPONSIBLE FOR CONSTRUCTION, AND MAKING FINDINGS AND CERTIFYING COSTS TO HENNEPIN COUNTY PURSUANT TO MINNESOTA STATUTES, SECTION 103B.251 WHEREAS, on September 16, 2004, the Commission adopted the Bassett Creek Watershed Management Commission, Water Management Plan, July 2004 (the "Plan " ); and WHEREAS, the Plan includes a Capital Improvement Program ( "CIP ") listing capital projects in Table 12 -2 of the Plan; and WHEREAS, the CIP, as amended by Resolution No. 07 - 1 adopted on September 20, 2007, includes the following capital projects for the year 2007: Channel Restoration of the Sweeney Lake Branch of Bassett Creek from Courtlawn Pond to Turners Crossing (the "Sweeney Lake Branch Project "). Northwood Lake East Pond in New Hope immediately downstream of Northwood Lake, outletting to the North Branch of Bassett Creek, as described in the Feasibility Report for Northwood East Sediment Pond, City Project 807, New Hope, Minnesota, dated August 2006 (the "Northwood Lake East Pond "). (hereinafter collectively referred to as the 2007 Projects); and WHEREAS, the Plan specifies a county tax levy under Minn. Stat. § 103B.251 as the source of funding for the 2007 Projects; and WHEREAS, on September 20, 2007, following published and mailed notice in accordance with the Commission's Joint Power Agreement and Minn. Stat. § 103B.251, the Commission conducted a public hearing on the 2007 Projects; and WHEREAS, on April 19, 2007, by Resolution No. 07 -09, the Commission approved and ordered the Northwood Lake East Pond Project at an estimated cost of Forty -Five Thousand Dollars ($45,000), which estimated cost has been increased to One Hundred Seven Thousand Two Hundred Fifty Dollars ($107,250) by the Plan Amendment adopted on September 20, 2007; and WHEREAS, on April 19, 2007, by Resolution No. 07 -09, the commission ordered the West Medicine Lake Park Pond Project (the "West Medicine Lake Park Pond Project ") as described in that resolution, which project had an estimated cost of Nine Hundred Thousand Dollars ($900,000), 31595M CLLBA295 -1 Three Hundred Thousand Dollars ($300,000) of which was to be levied in 2007 for collection in 2008. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Bassett Creek Watershed Management Commission as follows: 1. The 2007 Projects will be conducive to the public health and promote the general welfare and are in compliance with Minnesota Statutes 103B.205 to 103B.255 (the "Act ") and with the Plan as adopted and amended in accordance with the Act 2. The cost of the 2007 Projects is estimated to be Six Hundred Seven Thousand Two Hundred Fifty Dollars ($607,250), such amount including the cost of the Sweeney Lake Branch Project of Five Hundred Thousand Dollars ($500,000) and the cost of the Northwood Lake East Pond Project of One Hundred Seven Thousand Two Hundred Fifty Dollars ($107,250). 3. Such cost of the 2007 Projects and the cost of the West Medicine Lake Park Pond Project are hereby certified to Hennepin County in accordance with Minnesota Statutes, Section 103B.251 for payment by the County in accordance with Minnesota Statutes, Section 103B.251, Subd. 6 and the Commission's joint powers agreement in the total amount of Nine Hundred Seven Thousand Two Hundred Fifty Dollars ($907,250). 4. The Commission receives, accepts and approves the feasibility reports for the Northwood Lake East Pond Project, which project is hereby ordered. 5. The costs of each of the 2007 Projects will be paid by the Commission up to the amount specified in paragraph 2 above from proceeds received from Hennepin County pursuant to Minnesota Statutes, Section 103B.251. Additional costs may be paid by the cities in which the Projects are constructed, but no costs will be charged to other members of the Commission. 6. The City of New Hope is designated as the member responsible for contracting for the construction of the Northwood Lake East Pond Project, and the engineer designated for preparation of plans and specifications is the New Hope City Engineer, or other substitute engineers selected and retained by the City of New Hope. Contracts for construction shall be let in accordance with the requirements of law applicable to the City of New Hope. The Commission approves the Cooperative Agreement for Northwood Lake East Pond Improvements dated as of September 20, 2007, with the City of New Hope and authorizes and directs the execution thereof on behalf of the Commission by the Chair and Secretary. 315951vl CLL BA295 -1 2 Adopted by the Board of Commissioners of the Bassett Creek Watershed Management Commission the 20"' day of September, 2007. Chair ATTEST: 315951vl CLLBA295 -1 it i ' August 06 File No. 000034-06188-0 Table of Contents Letter of - TrangOOitfn|_ ........ ._ ... ,....... _____........ ,'............................. __,~._ Table Contents ........... _ .......... - ....... ....... _......... ,_ ...................... .-.__ Introduction �0)l—...-~.-..--_-'^....`_.`_~..~'.-'---''-^'—'''--^^''---'-'---`-`^'° Background ..... .......... ..................... ................................ _....... __............... _Zi P Improvements .................. ^^ ......... ^ ...... ........................... ._,........ ....... ... z1 Feasibility, Necessity, and Cost Effectiveness ....... ............ ........................ .......... 5 �� BCD[�[DeD.~~..O[ls—.— -..- ........ .............. --...--....................... .............. -' 5 Cost E s timate ............. _.~_...................... _._................. ...... .............................. 6 R�^/eMUe Sources ....... _..---....... ,_........... --- .................... ................................ 6 Appendix �� Preliminary ^ �~,��f Estimate ^`�/�B��|��,�— ^ [��D0|�� m~'�� Appendix �� Figures oC��w�� "� - o Y� rr c^ List of Figures Figure � U[��1 —�e Plan Figure 2_Surf Water Management Plan Figure 3_Pond Gradi Plan Northwood East Sediment Pond 2 The proposed stormwater ponding improvement is located in Northwood Park, west of Winnetka Avenue, just south of the 37 Avenue cul-de-sac, in the City of New Hope (see Figure 1). This pond is identified in the 1996 City of New Hope Surface Water Management Plan (SWMP) as pond BC-P3.15C (see Figure 2). The pond will also be identified in the Bassett Creek Watershed Management Organization (BCWMO) 2nd Generation Plan CIP pending watershed review this summer/fall. The proposed pond is specified as a sediment trap. Sediment traps provide water quality benefit by settling out sediments and removing phosphorus with between 35% and 55% efficiency. The pond would serve as a means of protection for the existing Northwood creek channel and wetland area. The pond benefits the North Branch of Bassett Greek, As envisioned in the SWMP, the pond would provide water quality treatment for approximately 22 acres that currently receives no water quality treatment prior to entering existing wetlands. Land uses in the tributary area are primarily single family housing. The target phosphorus removal efficiency for the proposed pond is a minimum of 47%. In addition to water quality benefits, construction of this sediment trap will facilitate future maintenance of the wetland area. The majority of the sediment collected from this drainage area will be deposited in the sediment trap, limiting the required maintenance associated with this drainage to a single location. An existing aggregate trail along the north side of Northwood Park, extending from Boone Avenue to Winnetka Avenue, may be used for maintenance vehicles to access the site Northwood East Sediment Pond 3 Background In 1998, significant improvements were completed in Northwood Park. These improvements included the reconstruction of the playfields along with channel and pond improvements within the park. The 1996 City Surface Water Management Plan indicates a number of improvements in the Northwood Lake area that could be completed to improve water quality in and downstream of the take. The work included in the 1998 project, as well as the work included in the project proposed in this report, is among the improvements suggested in the plan. Another potential project involving channel cleaning in Northwood has been discussed and may likely be completed in the future. The project proposed in this report may be completed as a stand alone project or completed in conjunction with the channel cleaning. Completing the two improvements together may prove some cost reductions due to economy of scale. Proposed Improvements The City of New Hope proposes to construct the Northwood East Sediment Pond to accommodate regional water quality needs. This project is in full compliance with the City's *1996 SWMP.. The primary water quality design requirements are as follows: According to the 1996 SWMP, this proposed sediment trap should provide 0.8 acre-feet of wet volume to meet the regional water quality needs of the direct drainage area. This volume is based on pond phosphorus removal efficiency of 47%. Both temporary and permanent erosion control measures will be provided to meet the watershed requirements for erosion and sediment control. A landscape and restoration plan will be prepared to identify the restoration measures that address slope stabilization and turf establishment issues. To allow excavation requirel ments for the construction, a certain amount of tree clearing must be clearing completed. The existing tree coverage of the area has been reviewed and the general location of the pond has been proposed in attempt to minimize tree removal. It has been noted that existing trees within the project area are predominately boxelder and buckthorn; a small percentage of trees that would be disturbed are of a preferred species. All improvements will be constructed on City-owned properties. No permanent or temporary easements will be required. Northwood East Sediment Pond 4 Feasibility, Necessity, and Cost Effectiveness This project is feasible from an engineering standpoint and is in accordance with the stormwater ponding requirements of the City of New Hope and the BCWMO. The proposed Northwood East Sediment Pond is necessary to accomplish the following'. • To provide the water quality treatment for the approximately 3,500 linear feet of street, or 22 acres of drainage area, located just north of the east end of Northwood Park. • To provide regional water quality treatment in compliance with the City's 1996 SWMP. • To comply with the stormwater requirements in the 1998 BCWMO Water Quality Management Policy. • To eliminate current erosion and maintenance issues that exist between the discharge point of the existing storm sewer and the Northwood channel and wetland. Construction methods will be cost effective and conform to industry standards for stormwater ponding improvements. Recommendations Recommendations include • The construction of the Northwood East Sediment Pond proceed as proposed by the City. The proposed pond has been sized to ultimately service the water quality needs of approximately 22 acres of drainage area in accordance with the 1996 SWMP-. • The City of New Hope accept this report as a guide for the improvements and forward the report to the BCWMO for consideration. • The City participate with the BCWMO in securing financing for the projects with methods identified in the BCWMO 2 nd Generation Plan CIP • The City identify interim funding until reimbursement for eligible costs is made by the BCWMO. • The City coordinate the construction of the pond improvements with other potential channel improvements. This will minimize project costs and disturbances to the area. • City staff communicate the scope of the project with adjacent residents. Northwood East Sediment Pond 5 Cost Estimate The total estimated project cost is $107,250. The estimated project cost includes 10% contingency and 25% indirect costs. A more detailed construction cost estimate can be found in Appendix A and a summary of this estimate is included below: Item Amount Pond Excavation $49,500,00 Storm Sewer $18,500.04 Landscaping and Restoration $10,000.00 Subtotal for construction $78,000.00 +10% contingency $7,800-00 $85,800.00 + 25% indirect costs $21.450.00 Total $1 07,250.00 Revenue Sources It is expected that the immediate costs to construct and finance this project will be funded via the storm water utility fund.. It is further anticipated that the City will be reimbursed for project costs from the BCWMO in 2008. The Northwood East Sediment Pond will be considered as part of the 2 " Generation Plan CIP. The estimated costs included in this report will need to be compared to current estimates in the CIP and adjustments discussed if necessary. Long -term pond and structure maintenance and associated costs will be the responsibility of the City of New Hope. Northwood East Sediment Pond 6 11tern Units Qty Unit Price Total Price - ----- I PART 1' POND EXCAVATION MOBILIZATION L8 1 $3,00000 $3,00000 EROSION CONTROL LS 1 $2,500 00 $2,500O0 CLEAR AND GRUB AC 0J5 $6,40000 $4,800.00 POND EXCAVATION (EV) CY 3800 $14.00 $38,20000 TOTAL PART 1-POND $49,600.00 EXCAVATION PART 2 - STORM SEWER FIELDSTONE RIPRAP CY 150 $120.00 $18,000-00 24^OMP FEG EA 1 $50000 $50000 TOTAL PART 2-STORM SEWER $18,500I0 PART 3 - RESTORATION SEEDING LS 1 $2,000,00 $2,066 do PLANTINGS LS 1 8,0000 $8,000.00 TOTAL PART 3-RESTORATION $10,080.00 SUMMARY TOTAL PART 1 - POND EXCAVATION TOTAL PART 2- STORM SEWER TOTAL PART 3 - RESTORATION TOTAL PROJECT COSTS $107,250l0 Estimated Cost $4Q,50000 $18,500.00 CONSTRUCTION SUBTOTAL $78L000.00 10S6CONTINGENCY TOTAL CONSTRUCTION COSTS $85,800.00 25Y6 INDIRECT COSTS $21 TOTAL PROJECT COSTS $107,250l0 Estimated Cost AVENUE NORTH =7-EXI TING OR SEWE Q 0 °x � a . d> PROP ED ED PO 90 NORTHWOOD PARK/WETLAND 9 11 w0tor Scala In m a a � — J — r -- Q a 0 SITE PLAN NEW HOPE, MINNESOTA FIGURE 1 NORTHWOOD PARK SEDIMENT TRAP BC—P3.15C 34051 BB —fig l DATEAUGLIST 2006 COMM. 34-06—IB8 Ll Bonestroo Rosene Anderlik & Associates Engineers & Architects r. R . BC—P2,12 BC—P2.19 H S EM) V4 E BC—P2.6 DRAINAGEAREA m �» Ly QUEBEC AVE SC—F5.20 BETHEL CEMETERY MR 1 �sc 6C P .3 2 1'] EMIFMAPY ZC800L 2 SURFACE WATER MANAGEMENT PLAN 19 Bonestroo NEW Rosene Anderlik & NEW HOPE, MINNESOTA FIGURE 2 Associates NORTHWOOD PARK SEDIMENT TRAP BC—P3.15C Engineers & Architects :3406188—fig002 DATE: AUGUST 2006 COMM, 34-06-188 94 890 1 FT as MAINTENANCE aee BENCH EXISTIN 24" FES FROM 37 AVENUE t NORTH 2800 CY OF POND EXC REROUTE NWL=885.0 EXISTING CHANNEL AND LINE WITH RIPRAP SS INSTAL 4" FES EXISTING 24" CMP CULVERT 0 25 50 = =llft POND GRADING PLAN Bonestroo Rosene Anderlik & NEW HOPE, MINNESOTA FIGURE 3 TlAssociates NORTHWATER PARK SEDIMENT TRAP BC —P3.1 5C Engineers & Architects 3406188—fig3 DATE: AUGUST 2006 COMM: 34 -06 -188 Bas sett Creek Watershed Management Commission www.basseftereekwmo.org ® Crystal a Golden valley 4 Medicine Lake ® Minneapolis m Minnetonka ® New Hope • Plymouth ® Robbinsdale ® 5t. Louis Park September 27, 2007 Dear Ms. Leone: Enclosed you will find for review and signatures two copies of the September 20, 2007 Cooperative Agreement for Northwood Lake East Pond Improvements between the Bassett Creek Watershed Management Commission ( BCWMC) and the City of New Hope. Please retain one copy for your records and return the other copy to my attention at the following address: Amy Herbert, BCWMC C/O Barr Engineering 4700 W 77` Street Minneapolis, MN 55435 -4803 Also enclosed is a copy of BCWMC Resolution 07 -11 ordering the project and directing construction and a copy of the feasibility report referenced as Attachment One in item 1. of the Cooperative Agreement. Please contact me with any questions at bcra�i)barr.coni or at 952- 832 -2652. Thank you, (;Y& W Amy Herbert, Recording Administrator Bassett Creek Watershed Management Commission Enc. Michael Welch, BCWMC Chair c% Barr Engineering Company 4700 West 77" Street Minneapolis, MN 55435 612 - 385 -6885 Charlie LeFevere, Attorney Leonard Kremer, Engineer Kennedy & Graven Barr Engineering Company 470 US Bank Plaza, 200 South Sixth Street 4700 West 77" .Street Minneapolis, MN 55402 Minneapolis, MN 55435 612 - 337 -9215 952- 832 -2600 612- 337 -9310 (fax) 952- 832 -2601 (fax) October 24,20O7 Ms. Amy Herbert, BCWMK` c/o Barr Engineering 47OOYV.77t' Minneapolis, MN 55435-4803 Subject: Cooperative Agreement Enclosed iaa fully executed Cnnnezotivc Agreement for Northwood Lake East Pond Improvements. The New Hope City Council approved the agreement at its meeting of October 22, 2007. We understand that the city will be reimbursed $107,250 by the BCWMO in 2008 (as outlined bu items 5 and 6 of the agreement) for the storm water pond construction project. Any the should director works, at 763-592-6766. Thank you. ' ^ regarding " '' ^ Valerie Leone, CM[ City Clerk cc: Guy Johnson, Public Works Director Julie Linnihan, Finance 44O2%ylon Avenue North ° New Hope, Minnesota 55428-4898°vvp/vn City Hall: 763-53l`5l00^Police :765-53l-517O° Public Works: 763-592-6777°TI}Il763-531-5109 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 COOPERATIVE AGREEMENT FOR NORTHWOOD LAKE EAST POND IMPROVEMENTS This Agreement is made as of this 2e day of September, 2007, by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission'), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City"). WITNES SETH: WHEREAS, the Commission adopted the Bassett Creek Watershed Management Commission Water Management Plan, July 2004 on September 16, 2004 (the "Plan"), a watershed management plan within the meaning of Minn. Stat. § 10313.231; and WHEREAS, the Plan, as amended on September 20, 2007, includes a capital improvement program ( "CIP') that lists a number of water quality project capital improvements; and WHEREAS, the water quality projects identified in the CIP include construction of a water quality improvement project in the City of New Hope described as the Northwood Lake East Pond project in New Hope immediately downstream of Northwood Lake, outletting to the North Branch of Bassett Creek (the "Project'), as more fully described in Attachment One to this Agreement, the feasibility report for the Project, which is made a part hereof; and WHEREAS, the Plan specifies that projects in the CIP will be funded by a County tax levy under Minn. Stat. § 10313.251; and WHEREAS, on September 20, 2007, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City; and WIIEREAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project for collection and settlement in 2008; and WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL UAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: The Project will consist of water quality improvements in the City as more fully described on Attachment One. 306940v2 CLL BA295 -1 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that it is completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on all liability policies required by the City of the contractor. The City will require that the contractor defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. The City will display a sign at the construction site stating "Paid for by the Taxpayers of the Bassett Creek Watershed ". 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat. § 103B.251 in the amount of One Hundred Seven Thousand Two Hundred Fifty Dollars ($107,250). It is understood that tax settlement from the County is not expected to occur until 2008. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. All funds in excess of such expenses are available for reimbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount received from the County for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by the City in excess of such reimbursement shall be borne by the City or secured by the City from other sources. 7. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 8. The City will secure all necessary local, state, or federal permits required for the construction of the Project. 306940v2 CLL BA295 -1 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT CO ISSION By: Its Chair And b Its Secretary CITY OF NEW HOPE And by: .�� Its Manager 306940v2 CLL BA295 -1 3 COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works November 10, 2008 Development & Plannin Item No. 8.2 By: Guy Johnson, Public Works Director By: Kirk McDonald, City Manager Resolution awarding contract to Doboszenski & Sons Inc. for construction of the Northwood east sediment pond (improvement project 807) Requested Action Staff requests approval of a resolution awarding a contract to the low and responsible bidder, Doboszenski & Sons Inc., in the amount of $57,100.50. The contract is for construction of a new sediment pond north of the Northwood Park wetland site. Policy /Past Practice An improvement project for construction of a sediment pond located north of the Northwood Park wetland is part of the city's 1996 surface water management plan and is part of the Bassett Creek Watershed Management Commission's (BCWMC) current capital improvement plan (CIP). Background The proposed project will involve construction of a sediment pond north of the park trail that runs along the north side of the Northwood wetland. In August of 2006, Council accepted a feasibility report on the proposed construction of a sediment pond at this location. The report was given to the BCWMC for their review and was accepted. The Council passed a resolution approving a cooperative agreement between the BCWMC and the city of New Hope in October of 2007. The agreement was for the construction and funding of this new sediment pond. The project was included in the Bassett Creek Watershed Management Commission's CIP for construction in 2008. On July 28, 2008, the Council authorized the preparation of plans and specifications for the sediment pond. The Council approved the plans and specifications and authorized bidding the project at its September 22, 2008 meeting. Motion by .l U�.�.� Second by fig. To: :y- L C1 - /.5S I: \RFA \PUBWORKS \2008 \807 Northwood Pond Award Contract.doc Request for Action November 10, 2008 Page 2 The Council also requested that staff solicit separate quotes from natural planting restoration companies for installation of the plants and the initial maintenance of the site. If the Council approves the pond construction contract, staff will proceed with obtaining quotes for restoration of the site next spring. Depending on weather conditions, construction would begin in December if the project is approved. Funding The engineer's preliminary construction cost estimate was $85,000, with an estimated total project cost of $107,000. Funding for construction of the sediment pond would be through the Bassett Creek Watershed Management Commission's CIP. Attachments The engineer's memorandum, a copy of the resolution, and a copy of the bid tab are attached. I: \RFA \PUBWORKS \2008 \807 Northwood Pond Award Contract.doc City of New Hope Resolution No. 08 -158 Resolution awarding contract to Doboszenski & Sons Inc. for construction of the Northwood east sediment pond (improvement project 807) WHEREAS, the city requires the assistance of a contractor in constructing a sediment pond north of the Northwood Park wetland site; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the City has accepted bids for work described in the plans and specifications and has identified the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: 1. That the contract for construction of a regional pond is awarded to Doboszenski & Sons Inc., in the amount of $57,100.50. 2. That a contract between the city of New Hope and Doboszenski & Sons Inc., is approved, and the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of November 2008. Mayor Pro tem Attest: CrL4 City Clerk 2335 Highway 36W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 w =,mbonestroo.com October 24, 2008 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Northwood East Sediment Pond Project City Project No. 807 Project No. 000034 - 06188 -0 Bid Results Dear Honorable Mayor and City Council: i Bids were opened for the Project stated above on Thursday, October 23, 2008 at 1:30 P.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There were a total of seventeen Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Doboszenski & Sons, Inc. with a Total Base Bid Amount of $57,100.50. This compares to the Engineer's Estimate $85,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Doboszenski & Sons, Inc. should be awarded the Project on the Total Base Bid Amount of $57,100.50. St. Paul St. Cloud Rochester Milwaukee Chicago Contractor Total Base Sid Low Doboszenski & Sons, Inc. $57,100.50 #2 Gustafson Excavating, Inc. $62,477.50 #3 Peterson Companies, Inc. $66,516.00 #4 G. F. 3edlicki, Inc. $67,365.00 #5 Sunram Construction, Inc. $69,465.00 #6 Final Touch Excavating, Inc. $71,364.50 #7 Nord Excavating, Inc. $71,840.00 #8 Ramsey Excavating Company, Inc. $72,440.00 #9 Stocker Excavating, Inc, $75,209.60 #10 Rachel Contracting, LLC $76,658.00 #11 Minnesota Dirt Works, Inc. $78,829.00 #12 G. L. Contracting, Inc. $79,174.77 #13 Veit & Company, Inc. $80,615.00 #14 Park Construction Company $80,826,00 #15 Frattalone Companies, Inc. $85,174.00 #16 Nadeau Excavating, Inc. $91,870.00 #17 Wruck Excavating, Inc. $126,482.50 The low Bidder on the Project was Doboszenski & Sons, Inc. with a Total Base Bid Amount of $57,100.50. This compares to the Engineer's Estimate $85,000.00. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Doboszenski & Sons, Inc. should be awarded the Project on the Total Base Bid Amount of $57,100.50. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Northwood East Sediment Pond Project Should you have any questions, please feel free to contact me at (651) 604 -4938. Sincerely, �•*0 Jason P. Quisberg, P.E. Page 2 October 24, 2008 Enclosure Project Name: Northwood East Sediment Pond 1 hereby certify that this is an exact City Project No.: 807 Project No.: 000034 - 06188 -0 reproduction offbbiddss received Bid Opening: Thursday, October 23, 2008 at 1:30 P.M. Owner: City of New Hope Jason P. Quisberg, P. E Registration Na 44315 Bidder No. 1 Bidder No. 2 Bidder No. 3 Bidder No. 4 BID TABULATION Doboszenski & Sons Inc Gustafson Excavating Inc Peterson Companies Inc G F Jedlicki Inc Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00 2 CLEAR AND GRUB LS 1 $4,920.00 $4,920.00 $4,800.00 $4,800.00 54,590.00 $4,590.00 $5,000.00 $5,000.00 3 COMMON EXCAVATION CY 2980 $9.10 $27,118.00 $12.00 $35,760.00 $12.80 $38,144.00 $14.00 $41,720.00 4 24" CMP FLARED END SECTION WITH TRASH GAURD EA 1 $450.00 $450.00 $600.00 $600.00 $562.00 $562.00 $700.00 $700.00 5 REMOVE AND REINSTALL 24" RCP FLARED END SECTION EA 1 $425.00 $425.00 $400.00 $400.00 $1,015.00 $1,015.00 $1,000.00 $1,000.00 6 CLASS III RANDOM RIPRAP CY 120 $81.90 $9,828.00 $80.00 $9,600.00 $57.00 $6,840.00 $90.00 510,800.00 7 CULVERT INLET PROTECTION EA 1 $115.00 $115.00 $300.00 $300.00 $500.00 $500.00 $400.00 $400.00 8 SILT FENCE, MACHINE SLICED LF 250 $3.30 $825.00 $2.50 $625.00 $1.90 $475.00 $2.20 $550.00 9 TEMPORARY CONSTRUCTION ENTRANCE EA 2 $856,00 $1,712.00 $750.00 $1,500.00 $1,500.00 $3,000.00 $700.00 $1,400.00 10 BONDED FIBER MATRIX SY 1500 $1.08 $1,620.00 $1.00 $1,500.00 $1.10 $1,650.00 $1.25 $1,875.00 11 MNDOT SEED MIX 100 AC 0.7 $1,375.00 $962.50 5475.00 $332.50 $2,000.00 $1,400.00 $2,200.00 $1,540.00 12 SELECT TOP SOIL BORROW (LV) CY 380 $18.75 $7,125.00 $12.00 $4,560.00 $18.00 $6,840.00 $1.00 $380.00 TOTAL BASE BID $57,100.50 $62,471.50 $66,516.00 $67,365,00 Contractor Name and Address: Doboszenski & Sons Inc Gustafson Excavating Inc Peterson Companies Inc G F Jedlicki Inc 9520 Cty Rd 19 6610 410th St 8326 Wyoming Trail 14203 W 62nd St Loretto MN 55357 PO Box 230 Chisago City MN 55013 Eden Prairie MN 55346 North Branch MN 55056 Phone: (763) 478 -6945 (651) 674 -7430 (651) 257 -6864 (952) 934 -7272 Fax (763) 478 -3186 (651) 674 -2106 (651) 257.3393 (952) 934 -7273 Signed By: Douglas A. Doboszenski Susan Gustafson Jon Peterson Garrett Jedlicki Title: President Secretary President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 000034- 06188OBT.xls BT -1 Bidder No. 5 Bidder No. 6 Bidder No. 7 Bidder No. 8 BID TABULATION Sunram Construction Inc Final Touch Excavating Inc Nord Excavating Inc Ramsey Excavating Company Inr Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $690.10 $690.10 $3,000.00 $3,000.00 $10,000.00 $10,000.00 54,950.00 $4,950.00 2 CLEAR AND GRUB LS 1 $5,OKOO $5,000.00 $4,500.00 $4,500.00 $4,700.00 $4,700.00 54,675.00 $4,675.00 3 COMMON EXCAVATION CY 2980 $15.53 $46,279.40 $14,10 $42,018.00 $1L25 $33,525.00 S13.50 $40,230.00 4 24" CMP FLARED END SECTION WITH TRASH GAURD EA 1 $1,535.00 $1,535.00 $750.00 $750.00 $1,500.00 $1,500.00 $755.00 $755.00 5 REMOVE AND REINSTALL 24" RCP FLARED END SECTION EA 1 $1,550.00 $1,550.00 $500.00 $500.00 $450.00 $450.00 $1,000.00 $1,000.00 6 CLASS III RANDOM RIPRAP CY 120 $72.00 $8,640.00 $90.00 $10,800.00 $105.00 $12,600.00 $90.00 $10,800.00 7 CULVERT INLET PROTECTION EA 1 $1,250.00 $1,250.00 $250.00 $250.00 $250.00 $250.00 $150.00 $150.00 8 SILT FENCE, MACHINE SLICED LF 250 $2.70 $675.00 $2.75 $687.50 $2.50 $625.00 $2.50 $625.00 9 TEMPORARY CONSTRUCTION ENTRANCE EA 2 $500.00 $1,000.00 $900.00 $1,800.00 5800.00 $1,600.00 $1,500.00 $3,000.00 10 BONDED FIBER MATRIX SY 1500 $1.03 S1,545.00 $1.05 $1,575.00 $1.00 $1,500.00 $0.80 $1,200.00 11 MNDOT SEED MIX 100 AC 0.7 $1,315.00 $920.50 $1,320.00 $924.00 $1,300.00 $910.00 $300.00 $210.00 12 SELECT TOP SOIL BORROW (LV) CY 380 $1.00 $380.00 $12.00 $4,560.00 $11.00 $4,180.00 $12.75 $4,845.00 TOTAL BASE BID $69,465.00 $71,364.50 $71,840.00 $72,440.00 Contractor Name and Address: Sunram Construction Inc Final Touch Excavating Inc Nord Excavating Inc Ramsey Excavating Company Inc 20010 75th Ave N 18530 Ulysses St NE 15265 209th Ave NW 4060 Washington Ave N Corcoran MN 55340 East Bethel MN 55011 Elk River MN 55330 Minneapolis MN 55412 Phone: (763) 420-2140 (763) 746 -5400 (763) 263 -0501 (612) 529 -0077 Fax (763) 494 -3951 (763)413 -2853 (763) 263 -5969 (612) 529 -0074 Signed By: Lee W. Sunram Jesse Neumann Dale Nord Alan T. Ramsey Title: President President President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 000034- 0618BOBT.xis BT -2 Bidder No. 9 Bidder No. 10 Bidder No. 11 Bidder No. 12 BID TABULATION Stocker Excavating Inc Rachel Contracting LLC Minnesota Dirt Works Inc G L Contracting Inc Item Num Item Units Qty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: 1 MOBILIZATION LS 1 $1,530.00 $1,530.00 $3,500.00 $3,500.00 $4,000.00 $4,000.00 $1,917.30 $1,917.30 2 CLEAR AND GRUB LS 1 $4,240.00 $4,240.00 $9,758.00 $9,758.00 $6,806.00 $6,806.00 $5,579.40 $5,579.40 3 COMMON EXCAVATION CY 2980 $16.50 $49,170.00 $14.00 $41,720.00 $13.85 $41,27100 $14.80 $44,104.00 4 24" CMP FLARED END SECTION WITH TRASH GAURD EA 1 $1,428.00 $1,428.00 $2,000.00 52,000.00 $458.00 $458.00 $1,580.70 $1,580.70 5 REMOVE AND REINSTALL 24" RCP FLARED END SECTION EA 1 $918.00 $918.00 $600.00 $600.00 $792.00 $792.00 $1,917.30 $1,91730 6 CLASS III RANDOM RIPRAP CY 120 $102.00 $12,240.00 $80.00 $9,600.00 $101.50 $12,180.00 $122.90 $14,748.00 7 CULVERT INLET PROTECTION EA 1 $357.00 $357.00 $300.00 $300.00 $910.00 $910.00 $448.40 5448.40 8 SILT FENCE, MACHINE SLICED LF 250 $1.80 $450.00 53.00 $750.00 $2.00 $500.00 $2.20 $550.00 9 TEMPORARY CONSTRUCTION ENTRANCE EA 2 5918.00 $1,836.00 $1,000.00 $2,000.00 $1,090.00 $2,180.00 $1,740.40 $3,480.80 10 BONDED FIBER MATRIX SY 1500 $1.60 $2,400.00 $1.10 $1,650.00 $1.50 $2,250.00 $0.80 $1,200.00 11 MNDOT SEED MIX 100 AC 0.7 $318.00 $222.60 $1,400.00 $980.00 $2,000.00 $1,400.00 $1,304.10 $912.87 12 SELECT TOP SOIL BORROW (LV) CY 380 $110 $418.00 $10.00 $3,800,00 $16.00 $6,080.00 $7.20 $2,736.00 TOTAL BASE BID $75,209.60 $76,658.00 $78,829.00 $79,174.77 Contractor Name and Address: Stocker Excavating Inc Rachel Contracting LLC Minnesota Dirt Works Inc G L Contracting Inc 12336 Boone Ave 10900 89th Ave N #2 321 9th Ave NE 4300 Willow Dr Savage MN 55378 Maple Grove MN 55369 Lonsdale MN 55046 Medina MN 55340 Phone: (952) 890-4241 (763) 424 -9955 (612) 919 -3938 (763) 478 -9529 Fax(952)890 -2753 (763) 424 -9938 (507)744 -3183 (763)404 -2350 Signed By: Curtis Stocker Matthew Coz Dan Ames Tim Swanson Title: V. P- President President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: None None None None 000034- 06188OBT.xis BT -3 BID TABULATION Item BASE BID: 1 MOBILIZATION 2 CLEAR AND GRUB 3 COMMON EXCAVATION 4 24" CMP FLARED END SECTION WITH TRASH GAURD 5 REMOVE AND REINSTALL 24" RCP FLARED END SECTION 6 CLASS III RANDOM RIPRAP 7 CULVERT INLET PROTECTION 8 SILT FENCE, MACHINE SLICED 9 TEMPORARY CONSTRUCTION ENTRANCE 10 BONDED FIBER MATRIX 11 MNDOT SEED MIX 100 12 SELECT TOP SOIL BORROW (LV) TOTAL BASE BID Bidder No. 13 Bidder No. 14 Bidder No. 15 Veit & Company Inc Park Construction Company Frattalone Companies Inc Unit Price Total I Unit Price Total Unit Price Tota Bidder No. 16 Nadeau Excavating Inc Unit Price Total LS 1 512,200.00 $12,200.00 $500.00 $500.00 $10,000.00 $10,000.00 53,250.00 $3,250.00 LS 1 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 53,800.00 $3,800.00 CY 2980 $14.00 $41,720.00 $14.60 $43,S08.00 $14.00 $41,720.00 519.00 $56,620.00 EA 1 $1,050.00 $1,050.00 $750.00 $750.00 $500.00 $500.00 $450.00 $450.00 EA 1 $300.00 5300.00 $600.00 $600.00 $1,000.00 $1,000.00 $650.00 $650.00 CY 120 $100.00 $12,000.00 $129.00 $15,480.00 $110.00 $13,200.00 $98.00 $11,760.00 EA 1 $110.00 $110.00 $102.00 $102.00 $500.00 $500.00 $250.00 $250.00 LF 250 $2.30 $575.00 $2.53 $632.50 $2.75 $687.50 $2.30 $575.00 EA 2 51,000.00 $2,000.00 $1,190.00 $2,380.00 $1,500.00 $3,000.00 $1,200.00 $2,400.00 SY 1500 $1.40 32,100.00 $1.00 $1,500.00 $1.10 $1,650.00 $0.75 $1,125.00 AC 0.7 54,000.00 52,800.00 $1,265.00 $885.50 $1,375.00 $962.50 $500.00 $350.00 CY 380 $2.00 $760.00 $27.60 $10,488.00 $18.30 $6,954.00 328.00 $10,640.00 $80,615.00 $80,826.00 $85,174.00 $91,870.00 Contractor Name and Address: Veit & Company Inc 14000 Veit Place Rogers MN 55374 Phone: (763) 428 -2242 Fax (763) 428 -8348 Signed By: Greg Boelke Title: President Bid Security: Bid Bond Addenda Acknowledqed: None ( Construction Company 60 Main St #6 npton MN 55031 1) 437 -2512 1) 437 -4930 yn Schoep ;idenUCEO Bond attalone Companies Inc .05 Spruce St Paul MN 55117 51) 484 -0448 51) 484 -7839 ck Frattalone 0 1 Bond Nadeau Excavating Inc 12175 240th St E Hampton MN 55031 (612) 701 -2300 (6S1) 437 -8639 Larry Johnson Estimator Bid Bond 000034- 061880BT.xls BT -4 co N vt CD 00 O O CD C C, 0 12 :1 CD Cl C q — 1= O O 2 C) C) C) C) C) C) O C) rq O O C) CD CD O CD O - — CD 6 C, C�l C, CD Cl C.) C) C:> C, 0 z 7, < < 0 0 CD c: C� c: W o al O O N cri C) c, Z� C> 'D C) c, <D O CD CD — — — C� 'T < 6 < C) b9 b9 2 < 2 u 0 < Ed b tD m co N vt CD 00 C C, CO CO C:) 0:) co O O CD O cr u 0 z 7, < < 0 0 O O < 6 < C) cr < 2 u 0 < Ed b tD m r= E = z to C C, CO CO C:) 0:) co O O CD 2335 Highway 36W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651 -636 -1311 www.bonestroo.com November 11, 2008 Mr. Douglas Doboszenski Doboszenski & Sons, Inc. 9520 County Road 19 Loretto, MN 55357 Re: City of New Hope, Minnesota Northwood East Sediment Pond Project City Project No. 807 Project No, 000034 - 06188 -0 Contract Documents Dear Mr, Doboszenski: Enclosed are four Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance Bond, and Document 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443 -1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies 1 copy 1 copy Doboszenski & Sons, Inc. (1 - your file, 1 - your bond company) City of New Hope, Attention: Valerie Leone Bonestroo, Attention: Jason Quisberg Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre- construction conference will be scheduled with you and the City of New Hope to review the Project. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Northwood East Sediment Pond Project Sincerely, BONESTROO Jason P. Quisberg, P.E. Enclosures: Four Contract Documents cc: Valerie Leone, City of New Hope Steven Sondrall, City Attorney Page 2 November 11, 2008 JENSEN ANDERSON SONDRALL PERSELLIN P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELE>•AX (763) 493 -5193 e -mail law@jaspattorneys.eom LESLIE A. ANDERSON Writer's Direct Dial No.: (763) 201 -0211 TUCKER J. HUMMEL e -mail sas@jaspattorneys.com GORDON L. JENSEN' JEANNE E. LARSON MELANIE P. PERSELLINr' November 24, 2008 STEPHEN M. RINGQUIST' STEVEN A. SONDRALL Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Northwood East Sediment Pond Improvement Project No. 807 Our File No. 99 -10030 Dear Val: Enclosed please find four copies of the contract, performance and payment bonds and a copy of the insurance certificate for the referenced project. All of the documents are in order from a legal standpoint. The Performance and Payment Bonds are for a period of two years. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson Jason Quisberg 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 P: \AttorneylSAS \l Client Files`:2 City of New Hope\99 -10030 (Public Works genera[) \Leone Itr 2008 Northwood east sediment pond improvemenrs.doc ACOR CERTIFICATE OF LIABILITY INSURANCE OP ID - DOBOS -2 DATE(MM/DDIYYYY) 11 18 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJF Agencies, Inc. Plymouth 6000 Nathan Lane N., Suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. City of New Hope NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Minneapolis MN 55442 Phone : 7 63 - 74 6 - 80 0 0 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: General Casualty Companies 24414 INSURER B: Arnerican international Group CC I 0 3 5 0 415 12/01/07 INSURER C: ME EXP (Any one p erson) Dobos zenski & Sons Inc. 9520 County Road 13 Loretto MN 55357 INSURER D: — INSURER E: V V V LI \MV LV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- - R DD -- - _ -- - - -- -- LIMITS 'LLJJ POLICY NUMBER DATE E P DATE Y ( MM /DD/11) LTR NSRq TYPE OF INSURANCE GENERAL LIABILITY City of New Hope NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Kirk McDonald EACH OCCURRENCE $ 1,000,00 PREMISES (Ea occurence) $1 00,000 A X X COMMERCIAL GENERAL LIABILITY CC I 0 3 5 0 415 12/01/07 12/01/08 ME EXP (Any one p erson) $ 5,000 CLAIMS MADE X❑ OCCUR PERSONAL & ADV INJURY $ 1,000,00 - X Contractual L i ab. GENERAL AGGREGATE s2,000,000 X Per Proj Agg /XCU GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY X jE LOC p, AUTOMOBILE LIABILITY ANY AUTO CBA0350415 12/01/07 12/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ — BODILY INJURY (Per accident) HIRED AUTOS $ - - NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ - GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ R ANY AUTO $ EXCESS /UMBRELLA LIABILITY E ACH OCCURRENCE $4,00 AG GREGATE $4,00 A OCCUR CLAIMS MADE CCUO350415 12/01/07 12/01/08 — DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND OTH- X T ORY LIMI _ _ E . L. E ACH AC CIDENT $ 50 0_,00 0 - A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? CWCO350415 12/01/07 12/01/08 — E.L. DIS EASE - EA EMPLOY $ 5 00,000 E.L- DISEASE - POLICY LIMIT $ 500,000 If yes, describe under SPECIAL PROVISIONS below OTHER A B Equipment Floater Environmental Liab CCI0350415 CP01952319 12/01/07 12/01/07 12/01/08 12/01/08 Blanket $2M /$2M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of New Hope and Bonestroo (2335 Hwy 36 W, St.Paul, MN 55113) are included as Additional Insured's as respects General Liability coverage RE: Northwood East Pond, New Hope, MN. t,crc i �n�r+� c nvwcn -• ° - - - -- - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CNEWHOP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of New Hope NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Kirk McDonald IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave N New Hope MN 55428 REPRESENTATIVES. A PRESENTATIVE A-- n Mo MATlnAI 10RR ACORD 25 (2001108) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001(08) 4 t} to December 1, 2008 Mr. Douglas Doboszenski Doboszenski Road 9520 County oad 19 Loretto, MN 55357 SUBJECT: Northwood East Sediment Pond (Improvement Project No. 807) pi es of the contract documents for New H o to y ®ur bonding Enclosed are two fully executed cop should be trap Qne copy is for your records and the second copy company. 100.50. ldin Affidavit for Contractors" This contract was awar b the New Hope City Council on November 10, 2008, for $5 , ded y Ho pproved b the E is return of y our bid bond. also aoscontractors until this is 290.97)• The En We cannot make fm payment Minneso (IC -134 form). Mi Department of Revenue and u bxsutted to our office form contains instructions for completion* Sincerely, ^ j ✓ Valerie Leone City Clerk, CMC enc. City Engineer (Project No. 000034- 04 -0 ) cc: )anon isber g, File No. 99- 100 Steve Sondrall, City Attorney Guy Johnson, Director of Public Works IT y av NEW HOPE 4401 Xylon Avenue e Minnesota 55428 - 489 8 ° www. ci.new - hop TDD• 763 - 531 - 5109 North °New Hop r. olio (nom e � �e � ): 763- 531 -5170 °Public Works: - 592 -677 i6�s ..,�,, on- hv�.� :� �;�: 763 - 5 -51741, Public 31 Work 763 s Fix: 763- 592 -6776 COUNCIL t 1►` Originating Department j. Approved for Agenda I Agenda Section Public Works I April 27, 2009 Develo me & Item No. By: Guy Johnson, Director By: Kirk McDonald, City Manager 1 8.2 Resolution awarding contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond to Applied Ecological Services (Improvement project nos. 791 and 807) Requested Action Staff requests the Council consider approval of a resolution awarding a contract to the low and responsible bidder, Applied Ecological Services, in the amount of $47,471.88 for the preparation and planting of the Wincrest regional pond and the Northwood east sediment pond with a three -year site maintenance agreement for both sites. Policy /Past Practice In past water quality projects, the city of New Hope has utilized native plants to both beautify areas within the city and serve as an ecological benefit to the city's natural areas. Background Improvements to the existing Wincrest regional pond, located at the 5700 block of Winnetka Avenue North, and construction of the Northwood east sediment pond, were part of the city's 1996 surface water management plan. The improvements to the Wincrest regional pond were included in the Shingle Creek Watershed Management Commission's ( SCWMC) CIP at the Commission's August 9, 2007, meeting. On September 10, 2007, Council passed a resolution approving a cooperative agreement for Wincrest pond improvements between the SCWMC and the city of New Hope. The agreement was for construction and partial funding of improvements to the Wincrest regional pond. Motion by Second by To l: \RFA \PU13W0RKS \2009 \791 Wincrest Pond and 807 Northwood Pond Plantings Award Conract.doc Request for Action April 27, 2009 Page 2 In August of 2006, Council accepted a feasibility report on the proposed construction of the Northwood east sediment pond at this location. The report was given to the Bassett Creek Watershed Management Commission ( BCWMC) for their review and was accepted. The Council passed a resolution approving a cooperative agreement between the BCWMC and the city of New Hope in October of 2007. The agreement was for construction and funding of this new sediment pond, and the project was included in the BCWMC CIP. Council awarded contracts for the improvements to the Wincrest regional pond and for the construction of the Northwood east sediment pond on November 10, 2008. At that time, the Council also requested that staff solicit separate quotes from natural planting restoration companies for installation of the plants and the initial maintenance of the site. Staff has solicited quotes from three natural planting restoration companies for the installation of plants and a three -year maintenance agreement at both sites. The quotes received are as follows: Northwood East Wincrest MN Natives Landscapes $22,072 $31,955 Prairie Restoration 20,900 37,720 Applied Ecological Services 16,542 30,929 Applied Ecological Services submitted the low quotes for both sites. Their Wincrest regional pond site quote was for $30,929.17 and their quote for the Northwood east sediment pond site was $16,542.71, for a total of $47,471.88. The city of Golden Valley has used the services of Applied Ecological Services for a number of projects over the years and has had good experiences with them. Funding Funding for the Wincrest regional pond project is through the Shingle Creek Watershed Management Commission's CIP, the storm water pond fee from the Winnetka Townhome housing redevelopment, a Clean Water Legacy grant, Minnesota State Aid, and the TIF district or the city's storm water fund. Shingle Creek Watershed Management Commission's portion would be 25% of the project costs, up to a maximum of $90,625. The Winnetka Townhome storm water pond fee was $56,000 and the Clean Water Legacy grant was for $55,155. Funding for the Northwood east sediment pond project is through the Bassett Creek Watershed Management Commission's CIP. Attachments The engineer's memorandum, a copy of the resolution, and maps of the two sites are attached. I: \RFA \PUBW0RKS \2009 \791 Wincrest Pond and 807 Northwood Pond Plantings Award Conract.doc City of New Hope Resolution No. 09- 60 Resolution awarding contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond to Applied Ecological Services (Improvement projects 791 and 807) WHEREAS, a planting plan has been developed for Wincrest regional pond and the Northwood east sediment pond sites; and, WHEREAS, the city has received three quotes for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites; and, WHEREAS, the bid in the amount of $47,471.88 from Applied Ecological Services, for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites is the lowest responsible bid submitted; and, WHEREAS, city staff has recommended that Council award the contract to Applied Ecological Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That a contract for the preparation, planting, and three -year maintenance of the Wincrest regional pond and the Northwood east sediment pond sites is awarded to Applied Ecological Services in the amount of $47,471.88 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 27th day of April 2009. Mayor Attest: City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636 -4600 Fax 651- 636 -1311 www.bonestroo.com April 21, 2009 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Northwood East Pond Restoration and Wincrest Pond Restoration Client Project No.: 807 & 791 Bonestroo File No.: 000034 - 08212 -0 Dear Guy: A Bonestroo or As directed by Council, the restoration work and first three years of maintenance for each project was separated out from the grading contracts completed this past winter. Three quotes for each of the projects have been received. The results are tabulated below: Contractor Northwood Fast Wincrest Combined Low Applied Ecological Services $16,542.71 $30,929.17 $47,471.88 #2 MN Native Landscapes $22,071.50 $31,955.00 $54,026.50 #3 Prairie Restorations $20,900.00 $37,720.00 $58,620.00 The low Bidder, on both Projects, was Applied Ecological Services, Inc. with Bids of $16,542.71 for the Northwood East Project and $30,929.71 for the Wincrest Pond project, for a combined Bid of $47,471.88. If the City Council wishes to award the Projects to the low Bidder, then Applied Ecological Services, Inc. should be awarded the Northwood East Pond Restoration Project on the Bid Amount of $16,542.71 and the Wincrest Pond Restoration Project on the Bid Amount of $30,929.17. Sincerely, (� � � " 0 ( , . � �'� Jason Quisberg Attachments: Bid Tabulation cc: Shawn Markham, Contract Manager Project Name: Wincrest Pond Restoration Bonestroo Client Project No.: 791 Project No.: 000034- 08212 -0 Quote Due Date: Thursday, April 16, 2009 at 2:00 P.M. Owner: City of New Hope Item Num BID TABULATION Item Units Qty Bidder No. 1 Applied Ecological Services, Inc. Unit Price Total Bidder No. 2 Minnesota Native Landscapes, Inc. Unit Price Total Bidder No. 3 Prairie Restorations, Inc. Unit Price 1 MOBILIZATION LS 1 $1,472.40 $1,472.40 $1,100.00 $1,100.00 $1,950.00 2 EROSION CONTROL BLANKETS, CATEGORY 3 SY 4400 $1.30 $5,720.00 $1.10 $4,840.00 $1.10 3 NATIVE SEEDING, MnDOT MIX 328 AC 0.6 $1,093.10 $655.86 $1,095.00 $657.00 $4,800.00 4 NATIVE SEEDING, MnDOT MIX 340 AC 03 $1,681.70 $504.51 $1,095.00 $328.50 $4,000.00 5 MOWING EA 7 $183.30 $1,283.10 $430.00 $3,010.00 $300.00 6 PREMIUM TOPSOIL BORROW (LV) CY 250 $45.90 $11,475.00 $49.00 $12,250.00 $48.00 7 RED MAPLE, 2" CAL. EA 8 $341.60 $2,732.80 $296,00 $2,368.00 $415.00 8 TAMARACK, 6' HEIGHT EA 6 $121.70 $730.20 $275.00 $1,650.00 $300.00 9 SWAMP WHITE OAK, 2" CAL. EA 8 $231.30 $1,850.40 $302.50 $2,420.00 $465.00 10 RED OSIER DOGWOOD, NO. 2 CONT. EA 47 $32.70 $1,536.90 $24.50 $1,151.50 $30.00 11 ELDERBERRY, NO. 2 CONT. EA 16 $32.70 $523.20 $24.50 $392.00 $30.00 12 NANNYBERRY VIBURNUM, NO. 2 CONT, EA 24 $32.70 $784.80 $24.50 $588.00 $30.00 13 PICKEREL PLANT, 4" POT EA 40 $8.30 $332.00 $6.00 $240.00 $6.50 14 GIANT BUR -REED, 4" POT EA 40 $8.30 $332.00 $6.00 $240.00 $6.50 15 BROAD- LEAVED ARROWHEAD, 4" POT EA 40 $8.30 $332.00 $6.00 $240.00 $6.50 16 SOFTSTEM BULRUSH, 4" POT EA 80 $830 $664.00 $6.00 $480.00 $6.50_ TOTAL BASE BID: $30,929.17 $31,955.00 Contractor Name and Address: Applied Ecological Services, Inc. Minnesota Native Landscapes, Inc. Prairie Restorations, Inc. 21938 Mushtown Road 8740 77th Street NE P.O. Box 327 Prior Lake, MN 55372 Otsego, MN 55362 Princeton. MN 55371 I Phone: 952- 447 -1919 763 -295 -0010 763 -631 -9430 Fax 763 - 295 -0025 763 -631 -9453 Contact: I Matthew Lasch Josh Hanson Mike Evenocheck Q v X CL N n 0 0 N C N N w • : �. -1 200 2400 +t NEW HOPE, MINNESOTA FIGURE 1 5700 WINNETKA AVENUE POND IMPROVEMENTS 3404161 FLOC. DWG DATE: MAY 2007 COMM: 34-04-161 SURFACE WATER MANAGEMENT PLAN NEW HOPE, MINNESOTA FIGURE 2 NORTHWOOD PARK SEDIMENT TRAP BC—P3.15C 3406158—fig002 DATE:AUGUST 2006 COMM: 34-06-188 Bonestroo Rosene MEIN Anderlik & " Associates Engineers & Architects 3406188_figl OATE:A000ST 2006 COMM:34 -06 -188 For valuable consideration as set forth below, this Contract dated the day of 2009, is made and signed by the City of New Hope, a Minnesota municipal corpor tion (hereinafter "City ") and Applied Ecological Services, Inc., a Wisconsin corporation (hereinafter "Contractor "). 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract, the April 2009 Project Manual For Northwood East Pond Restoration City Project No. 807 prepared by Bonestroo (hereafter City Engineer), the pond restoration plans attached hereto as Exhibit A and the Request for Proposal, all of which are incorporated herein by this reference for the pond restoration and maintenance at Northwood East Pond. This Contract, the Request for Proposal, the attached restoration plans and the April 2009 Project Manual shall comprise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the contract documents and shall include the entire completed construction to be furnished under this Contract. As part of the Work, the Contractor agrees to remove all excess material from the project site. 3. CONTRACT PRICE The City agrees to pay Contractor the total amount of the contract, determined by the sum of the verified quantities completed for each bid term multiplied by the appropriate Bid Unit Prices, payable by monthly progress payments equal to 95 % of the Contractor's completed work as approved by the City Engineer. Each progress payment for the completed and approved work shall be made by the City to the Contractor within 35 days of the City's receipt of the Contractor's monthly invoice. The 5 % retainage withheld from each Contractor invoice shall be paid within 35 days from the date the completed project is accepted by the City. The Parties agree the project, for purposes of paying retainage, will be completed after the City Engineer determines the plantings are established and have survived for one growing season with the exception of the bid item for native seeding. The Parties agree acceptance of native seeding shall occur after the end of the third growing season after planting as set out in the April 2009 Project Manual. The City agrees its acceptance of the project may not be unreasonably withheld. The agreed upon unit prices upon which the City's payment will be made are set out in Exhibit B attached. The -1- estimated cost for the completed work is $16,542.71. However, the final cost may be more or less than the estimate based on quantities of materials used. The work included in this project can not begin until approval of this contract is received and the notice to proceed is given by the Engineer. . 4. COMPLETION DATE /LIQUIDATED DAMAGES All planting and restoration work under this Contract shall be completed by September 25, 2009 (hereinafter "Completion Date "). Due to the difficulty in ascertaining and establishing the actual damages which the City would sustain, liquidated damages are specified as follows for failure of the Contractor to complete his performance under this Contract by the Completion Date: for every calendar day that the Contract shall remain uncompleted beyond the Completion Date of September 25, 2009 the Contractor shall pay the City $50.00 per day as liquidated damages. The City agrees the completion date shall be extended if the Contractor's failure to complete the contract by the completion date was caused by reasons not within the contractor's control. The length of the extension shall equal the number of days the contractor was delayed for reasons not within his control. The Contractor will be responsible for completing all maintenance activities as outlined in the specifications and as directed by the Engineer through June 30, 2012. 5. INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all automobiles: $1,000,000.00 C. Workman's Compensation: Statutory Amounts This certificate must provide for the above coverage's to be in effect from the date of the contract until 30 days after the Completion Date, and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City streets or rights -of -way by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. IPA The Contractor shall furnish Performance and Materials /Labor Payment Bonds, each in an amount equal to the contract amount, as security for the faithful performance and payment of all Contractor's obligations under the contract documents. These bonds shall remain in effect until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in a form as prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and As Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U. S. Treasury Department All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirements of clauses (A) and (B) above, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. The Contractor shall provide adequate signs and /or barricades, and will take all necessary precautions for the protection of the work and the safety of the public. 7. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the Work itself) including- the loss of use resulting there from, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or novation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. —3— 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this Contract shall be 21938 Mushtown Road, Prior Lake, MN 55372. The address of the City for purposes of giving notices and any other purposes under this Contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing was acknowledged before me this /Y day of lzi . , 2009, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. (�,/'�./J�'JJ �/JJJ✓- ./.J_./'� ^J.IJ.I_/JJ J.f Notary Public APPLIED ECOLOGICAL SERVICES, INC. By: M Its City Manager LN STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Te foregoing instrument 1C , 2009, by respectively, of said corporation. � r 1 Its: before me this day o the N - a Wisconsin corporatio ) ,on behalf of Notary Public P:\Attomey\SAS\1 Client Files \2 City of New Hope \99 -10030 (Public Works general) \Northwood East Pond restoration k -Applied Eco. Set. - clean.doc —5— _0 >Z MO M F 40 >0 > \ \\ � \ � — mT1mm"oTV — ICGT� . ......... ... M Z AzIr L v An F m rn "I z m � ,o oc: ; jj M 4 T, Z,> > Z >z z C) -U m C) 0 > > P o;u> -- 6 . >z > 0 z O A M o F A (1) U P M0 < 00 << T.-;, 0 z m w m < m - <W M 2 M > VA X AP WF � 00>0 > � > m — =J, 9—v . mor Z —!:�' KT M 0- (A M OA C) - Mz I z -- > 0 0— w 0 8) CD A M z z z 0 2 K rn c _A C, --------------- SL Paul offlom NEW HOPE, MINNESOTA 233SWeftHV%W36 NORTHWOOD EAST POND RESTORATION M P.A MN 5113 ph—:651-EYAW LANDSCAPE PLAN F-651-06-1311 cnypRoiEcrn.,8D7 1 co M R �• I . ii,91��1� . ......... ... M Z AzIr L v An F m rn "I z m � ,o oc: ; jj M 4 T, Z,> > Z >z z C) -U m C) 0 > > P o;u> -- 6 . >z > 0 z O A M o F A (1) U P M0 < 00 << T.-;, 0 z m w m < m - <W M 2 M > VA X AP WF � 00>0 > � > m — =J, 9—v . mor Z —!:�' KT M 0- (A M OA C) - Mz I z -- > 0 0— w 0 8) CD A M z z z 0 2 K rn c _A C, --------------- SL Paul offlom NEW HOPE, MINNESOTA 233SWeftHV%W36 NORTHWOOD EAST POND RESTORATION M P.A MN 5113 ph—:651-EYAW LANDSCAPE PLAN F-651-06-1311 cnypRoiEcrn.,8D7 1 co 0 20 40 Scam H tw! Tow • murta.TSao ts• m,A<Ta snmomAapa �.c4nm vuc Ksh txNIpVM[ cwTro. DKp4N M PpXTiaA[pEi� N• KL Nl. tpp MGIIMIJS TAECS .W➢ C2. 16A ml,s iw s: avvasu vLEAa n.Na anp TK Amrwu, r iRW M Wl[A K M tAEG STEx i6 T mPTH Q IY. vt M�CI i VS K G4 GTUC -li pb TIQ ME EKE wV-a6%iwTEIY �• ON C[M@ NOL IK pvpSM. p i 4 �KDa[ Yi PLL C 1lnGY .AO ♦T Lt�ii M K*x crtwA[� 1' K � L VvxwR IDlnwvxp TK NGt pWTi. Cut tG6X V0.41MARK� K 1 f M N pf [2tx0[t iK f0110� NOR ? K wK Tp Y�pG1q��p 1p PEI 4VCIIAUlip1 {F tY !pR pi IrtTV�.4 OM GF��Pp Ih➢ 4 2GN TOCtL pp A p H MAp vlFWPEpIfl ETN. c -EHAUpmmapm t3 AD�Ni fliOlEC1gN 0£TK p PVNTMUwHlq 41 I �a } i3 m Kyi n.� 6 ��6 pR 1 Z 4� n ul Z z U u a d n� = n0 U Z EXHIBIT B - QUOTE FORM APPLIED ECOLOGICAL SERVICES, INC. Northwood East Pond Restoration New Hope, Minnesota City Project No. 807 File No. 000034 - 08212 -0 -NE Quote Due: Thursday, April 16,2009,2:00 P.M., C.S.T. Return to: Jason P. Quisberg Fax Number 651- 636 -1311 Office Number 651- 604 -4938 Cellular 651 -775 -5121 BONESTROO UNIT TOTAL ITEM UNIT QTY COST COST 1. Mobilization LS 1 $787.00 $787.00 2. Erosion Control Blankets, Category 3 SY 1500 $1.30 $1,950.00 3. Native Seeding, BWSR Seed Mix U7 AC 0.3 $2,767.70 $830.31 4. Mowing EA 7 $176.20 $1,233.40 5. Premium Topsoil Borrow (LV) CY 160 $45.60 $7,296.00 6. Red Maple, 1" Cal. EA 10 $113.70 $1,137.00 7. Swamp White Oak, 1" Cal. EA 20 $113.70 $2,274.00 8. Red Osier Dogwood, No. 2 Cont. EA 10 $34.50 $345.00 9. Elderberry, No. 2 Cont. EA 10 $34.50 $345.00 10. Nannyberry Viburnum, No. 2 Cont. EA 10 $34.50 $345.00 Total Quote $16,542.71 ACORD CERT q-g-C c A1�+ ®� A��+C OP ID KH DATE(MM1DDtYYYY) CER 1'( - ICt11 G ®1 LI 'IV`3URfylVti.rG APPLI - 3 05 01 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hausmann- Johnson Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Re ent St PO Box 259408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , V Madison WI 53725 -9408 i Phone: 6 08- 257 -3795 Fax: 608- 25 -4324 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Cincinnati Insurance C ompany 10677 INSURER B Applied Ecological Services, Inc. [ INSURER G: PO Box 256 1 INSURER D: Brodhead WI 53520 -9803 - - -- INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, City of New Hope 4401 Xylon Ave N Minneapolis MN 55428 LTR 13ISL NSRO TYPE OF INSURANCE POLICY NUMBER KdLICY EFFECTIVE ' POLICY EXPIRATION DATE MM /DDIYY DATE MMtDD /YY LIMITS GENERAL LIABILITY I ( I EACH OCCURRENCE S 1,000,000 A 1 IX C O MMERCIAL GENERAL LIABILITY CPP0819612 DAMAGE TO RENTED 1 02/01/08 1 02/01/11 PREMISE (Ea occwen co) 550,000 CLAIMS MADE [ X OCCUR I: _. NiED EXP (Anyone, p _ S 10,000 PERSONAL & ADV INJURY S 1,000,000 j GENERAL AGGREGATE s2 ,000,00 0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG S 2,000,00 - - 1 POLICY PRO- JE CT LOC Emp Ben. - 1 ,000,000 AUTOMOBILE I LIABILITY j i ( a accident) c S INGLE LIMIT S 1 , 000,000 A X ANY AUTO CPA0819612 02/01/09 02/01/10 ALL OWNED AUTOS r BODILY INJURY S SCHEDULED AUTOS � � (Per person) F I X HIRED AUTOS BODILY INJURY iX NON-0`°VNEDAUTOS _ ! (P id —._ PR DAMAGE $ (Per a c GARAGE LIABILITY j AUTO ONLY - EA ACCIDENT S I OTHER THAN EA AG 5 ----- LD ANY AUTO AUTO ONLY: AGG .S EXCESS/UMBRELLA LIABILITY i EACH OCCU RRENCE s 14,000,0 A ,X'OCCUR CLAIMS MADE ( CPP0819612 I 02/01/08 � 02/01/11 1 AGGREGATE •14,0 � S � L DEDUCTIBLE -- S IX I RETENTION 10 , 000 WORKERS COMPENSATION AND X TORY LIMITS ER l A EMPLOYERS' LIABILITY WC191728506 12/20/0$ 12/20/09 I E EACHA S100,0 ANY PROPRIEI'GRrPARTNERIEXEC;UTIVE OFFICERJMEMBER EXCLUDED? -- '.. E.L. DISEASE - EA EMPLOYEE, S If yes, describe under SPECIAL PROVISIONS I:elow i E.L. DISEASE - POLICY LIMIT S 50 0 , 00 OTHER A Property Blankets CPP0819612 02/01/08; 02/01/11 Buildings 3,186,179 SpcFrm /RC DEDUCT 1,000 Contents 2,102,200 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE-.Northwood East Pond Restoration, New Hope MN Project 807 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed project, waffa trar aryamwAllrem CITYNE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of New Hope 4401 Xylon Ave N Minneapolis MN 55428 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUyHORIZE RESEYATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorse ment(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. - k o — �Ae") REGARDING: Wf= APP Qr-UVMJ1-- V-iJ I- m L4dMArl A" " Proposal I X I Overnight Report I Plans I Fax Number: Brochure I Letter C onfracf I Photos Sam �Ies L4dMArl A" " US Mail I X I Overnight Drop-off�pag.d I I Fax I Fax Number: c� ? - ixs . SIGNATURE: CC: As requested For review and comment For signature For our use c� ? - ixs . SIGNATURE: CC: May 18, 2009 Ms. Donna Knutson, Project Coordinator Applied Ecological Services, Inc. 21938 Mushtown Road Prior Lake, MN 55372 Subject: Contracts At its meeting of April 27, 2009, the New Hope City Council approved contracts with your firm for project nos. 791 and 807. Enclosed are fully executed contracts for: • Wincrest Pond Restoration 0 Northwood East Pond Restoration The city's contact person is Kevin Mattson from Bonestroo (the city's engineering firm). Please contact Mr. Mattson if you have questions relating to either project. Thank you. Sincerely Valerie Leone, CMC City Clerk Enc. cc: Kevin Mattson Guy Johnson 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763 - 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 + Police Fax: 763- 531 -5174 + Public Works Fax: 763- 592 -6776 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail law(?a jasattorneys.com GORDON L. JENSEN' Writer's Direct Dial No.: (763) 201 -0211 MELANIE P. PERSELLIN' e -mail sasOjasattomeys. com STEPHEN M. RINGQUIST' STEVEN A. SONDRALL May 19, 2009 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Contracts with Applied Ecological Services for Northwood East Pond Restoration and Wincrest Pond Restoration Our File No.: 99 -10030 Dear Val: Enclosed please find three original copies of the following bonds and an Accord 25 Certificate of Insurance I received from Applied Ecological Services in connection with the Northwood East and Wincrest Pond Restoration contracts: 1. Maintenance Bond 2. Performance Bond 3. Payment Bond I am assuming either you or Guy has received the signed contracts I previously e- mailed to the contractor on May 14t You were copied on the e -mail and I received notice back from the attorney for the contractor they were in agreement with the changes to the contracts attached to the May 14' e -mail. Also, we should obtain the original Accord 25 Insurance Certificates from the contractor. The certificates included in this letter were e- mailed to me as a PDF file. Please follow up with the contractor to obtain the originals. Upon receipt of the signed contracts and insurance certificates this project is good to go from a documents standpoint. Please call me if you have any questions. 'Real Property Law Very truly yours, Specialist Certified By The Minnesota State Bar Association Licensed in Illinois /Colorado 'Qualified Neutral Mediator Steven A. Sondrall, under Rule 114 Enclosure(s) cc: Guy Johnson P: \Attorney \SAS \l Client Files;2 City of New Hope -.99 -10030 (Public Works general) \Leone lit 2009 Wincrest and Northwood East pond restoration.doe ACORD- CERTIFICATE OF LIABILITY INSURANCE OP I DATE ( M MIDD Y l APP LI7"3 05,01 yy /09 PR66668R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hausmann-Johnson Insurance Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 700 Regent St., PO Box 259408 ALTER THE COVERAGE AFFORDED BY THE PO I LICIES BELOW Madison WI 53725-9408 I 1 Phone 608-257-3795 Fax 608-257-4324 INSURERS AFFORDING COVERAGE NAIC # iWIORER A Cincinnati InguXanoo Company 10677 INSURER B� A pplied Ecological Services, INSURER C� PO nC Box 256 1 INSURER 0 Brodhead WI 53520-9803 __ ..... .... ... THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER --- - ---- T7_E_ 1 "A F POLICY E111C I rdyt- M M ,, Y , I'm 1 ON DATE LIMITS �IAMIDDIYY) DATE I GENERAL LIABILITY EACH CURRENCE �Si ICOMt,IER��iALCENERALLtAPILITY A CPPOS19612 DAMAGETORENTED I 02/01/08 02/01/11 PPEWSES, tEl ocrwence) S 50, 000 C-1AIMS MAIDE X 000',JR ME? EXP (Any ona puvn) 5 10 , 00 0 ... ...... .. PFRSONPLEADVINJURY S 1,000,000 "'A GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUVTS - COMP*P A s2,000,000 POLICY PRO JEC� LOC; 000,000 m. Be 1 AU LIABILITY A X ANY AU"O CPA0819612 COMBINED SINGLE WAIT z$1,000,000 02/01/09 02/01/10 acrident) ALL aNNED Ak )TOS BODILY INJURY 'Par AVT-'DS Per son, ------------ X HIR At,T S eOULY INJURY X NON-W,44ED AUTOS ...... PROPERTY DAMAGE S (Pas 3rcidenO GARAGE LIABILITY AUTO ONLY - EAACCIVEtlY S A Ivy Aw ( I OTHER THAN E A A CC S AUTO ONLY AGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE )s14,000,000 �x A UP 'LAIMSMADE CPP0819612 02/01/08 02/01/11 AGGREGATE sl4,000,000 DEDUCTIBLE S IX RETEI-MON $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY i X A, 10TH, JOR LUATS I_ Effl-] 12/20/08 12/20/09 � E.L, EACH ACCIDENT �S100 A I ANY PR PR16 RT�IERIEXEI�UTI�IE WC191728506 O ,, i OFFICEWMEMBER EXCLUDED" E.L. DISEASE - EA EMPLOYEQ S 100 000 It &#,4 n1v undpY SPECIAL ' P'ROASIONS below E.L. DI1,;EASE- POLICY LIMIT S 000 OTHER A lProperty Blankets CPP0819612 02/01/08 02/01/11 Buildings 3,186,179 SpcFrm/RC 'DEDUCT 1,000 Contents 2,102,200 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS RE .-Northwood East Pond Restoration, New Hope MN Project 807 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed projects rFRTIFICATF HOI DIFIR CANCELLATION CITYNE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of New Hope 4401 Xylon Ave N Minneapolis MN 55428 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A!! �RESIEVATIVE ACORD 25 (2001/08) @ ACORD CORPORATION :988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 01653 KNOW ALL MEN BY THESE PRESENTS, that we, BOND NUMBER 1882386 Applied Ecological Services, Inc. as Principal, and The Hanover Insurance Company a corporation duly incorporated under the laws of the State of New Hampshire , as Surety are held, and firmly bound unto City of New Hope , as obligee, in the penal sum of Sixteen Thousand Five Hundred Forty-Two D ollars and 711100 ( $ 16,542.71 for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally by these presents. WHEREAS, the said Principal has heretofore entered into a contract with the Obligee above named for Northwood East Pond Restoration Project No. 807 WHEREAS, the work called for under said contract has now been completed and accepted by said Obligee; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal shall, for a period of Three (3) year(s) from and after the date of completion of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship which may be discovered within the period aforesaid, then this obligation shall be void; otherwise to be and remain in full force and virtue in law. PROVIDED, HOWEVER, that in the event of any default on the part of said Principal, written statement of the particular facts showing such default and the date thereof shall be delivered to the Surety by registered mail, at its Home Office in Worcester, MA promptly and in any event within ten (10) days after the Obligee or his representative shall learn of such default; and that no claim, suit, or action by reason of any default of the Principal shall be brought hereunder after the expiration of thirty days from the end of the maintenance period as herein set forth. The �y The Hanover Insurance Company 1 440 Lincoln Street, Worcester, MA 01653 44k\ Ha. over Citizens Insurance Company of America 645 West Grand River Avenue, Howell, MI 48843 Insurance GIoup- Massachusetts Bay Insurance Company 1 440 Lincoln Street, Worcester, MA 01653 Performance Bond BOND NO. 1882386 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A3 12 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Applied Ecological Services, Inc. 17921 Smith Rd, Brodhead, WI 53520 -0256 OWNER (Name and Address): City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: 5/1/09 Amount: $16,542.71 SURETY (Name and Principal Bond Office): The Hanover Insurance Company 440 Lincoln Street Worcester, MA 01653 Description (Name and Location): Northwood East Pond Restoration; Project No. 807 BOND Date (Not earlier than Construction Contract Date): 5/1/09 Amount: $16,542.71 Modifications to this Bond: X None See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Applied Ecolo icaI Services, Inc. The Hanover Insurance Company Signature: Signature: Name and Ti e: ( �% �-- Name and Title: � 1 - � Bryan Jay Huft, Attorney - in - Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: J. Ryan Bonding, Inc. P.O. Box 465 Hudson, WI 54016 800 -535 -0006 OWNER'S REPRESENTATIVE (Architect, Engineer or other p Bonestroo 2335 W Hwy 36 St. Paul, MN 55113 AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED. • AIAs A312 -1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W, WASHINGTON, D.C. 20006 141 -0772 (10104) 1 The Contractor and the 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 to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 33 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 42 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 43 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 the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract, To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 62 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any changes, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED.' AIA® A312 -1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W, WASHINGTON, D.C. 20006 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the 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 period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: (Corporate Seal) Signature:t� Name and Title Address: 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 122 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 123 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND • DECEMBER 1984 ED. • AIAS A312 -1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W, WASHINGTON, D.C. 20006 The The Hanover Insurance Company 1440 Lincoln Street, Worcester, MA 01653 H'an ®ver Citizens Insurance company of America 1 645 West Grand River Avenue, Howell, MI 48843 Insurance Group® Massachusetts Bay Insurance Company 1 440 Lincoln Street, Worcester, MA 01653 Payment Bond BOND NO.: 1882386 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Any singular reference to Contractor, Surety, Owner or other pa rty shall be considered plural where applicable. CONTRACTOR (Name and Address): Applied Ecological Services, Inc. 17921 Smith Rd, Brodhead, WI 53520 -0256 OWNER (Name and Address): City of New Hope 4401 Xylon Ave N New Hope, MN 55428 CONSTRUCTION CONTRACT Date: 5/1/09 Amount: $16,542.71 SURETY (Name and Principal Bond Office): The Hanover Insurance Company 440 Lincoln Street Worcester, MA 01653 Description (Name and Location): Northwood East Pond Restoration; Project No. 807 BOND Date (Not earlier than Construction Contract Date): 5/1/09 Amount: $16,542.71 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Applied colo ical Services, Inc. 0 Signature: Name and Title: rnn„ nMitionnl ciunntures aomear on Daae 6) r,- -7 See Page 6 (Corporate Seal) The Hanover Insurance Company © Signature: j Name and Title: SURETY (Corporate Seal) Company: Bryan Jay Huft, Attorney -in -Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: J. Ryan Bonding, Inc. P.O. Box 465 Hudson, WI 54016 800 -535 -0006 OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Bonestroo 2335 W Hwy 36 St. Paul, MN 55113 AIA DOCUMENT A312 • PAYMENT BOND • DECEMBER 1984 ED. • AIAO A312 -1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 141 -0773 (10/04) 1 The Contractor and the 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. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 22 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 62 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the min- imum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the owner or the Contractor shall be mailed or delivered to the address shown on the signature page Actual receipt of notice by surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA DOCUMENT A312 • PAYMENT BOND • DECEMBER 1984 ED. • AIA® A312 -1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 151 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6. is deleted in its entirety and replaced with the following: 152 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. 6. When the Claimant has satisfied the conditions of Paragraph 4., and, upon request by the Surety, provides the Surety with a properly executed Affidavit of Claim and documentation supporting the claim, the surety shall, within a reasonable period of time, have the right to request additional documentation or information, state the amounts that are undisputed and /or provide the basis for challenging any amounts that are disputed. When documentation sufficient to establish a claim has been submitted, and the Surety has stated any amounts that are undisputed and /or provided the basis for challenging any amounts that are disputed, the Surety shall, within a reasonable period of time, pay or arrange for payment of any undisputed amounts. Nothing said or left unsaid by the Surety regarding a claim shall be construed as an admission of liability or as a waiver of any defenses or rights that may exist to the Contractor and /or Surety with respect to the claim. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal} ❑ Signature: 4Title ❑ Signature: Name and �V 1 6 1 r Name and Title: Address: Address: AIA DOCUMENT A312 • PAYMENT BOND • DECEMBER 1984 ED. • AIAO A312 -1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF PRNCIPAL (Individual) State of County of come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. On this day of , in the year 20 , before me personally Notary Public , in the year 20_ , before me personally State of County of On this day of come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. a q1\ State of Wisconsin County of St. Croix On this 1 st come(s) Bryan Jay Huft ACKNOWLEDGMENT OF PRINCIPAL (Partnership) ACKNOWLEDGMENT OF SURETY I day of May in the year 2009 CO eCIC IvtS CO S'� 1 /l1P14i111 1 before me personally Attorney(s) -in -Fact of The Hanover Insurance Company with whom I am personally acquainted, and who, being by me duly sworn, says that he /she reside(s) in Hudson, WI that he /she is (are) the Attorney(s) -in -Fact of company The Hanover Insurance Company the company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and that the seal °affix, � to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said Company ;nO` R0 tgned said instrument as Attorneys) -in -Fact of the said Company by like order. )C-, A,\ p . u It1 \ _ F OF �; � Notary Pub' 18- Mar -12 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint; Michael J. Douglas, Chris Steinagel, Liz Mosca and /or Bryan Jay Huft of Hudson, WI and each is a true and lawful Attorney(s) -in -fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No /100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s) -in -fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 14` day of January 2009. On this 14 day of January 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. com w■.wn a ►wa N018ry Public wcmw�EOr.Maa�m My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1st day of May 2009 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI 51NSU1JCE COMPANY OFhgERICA r r �Ip, Braul , As isfa 7f Vrcc F r s7d €nf v' - CERTIFICATE OF LIABILIT 1 INSURANCE OP ID TR A Cl?R DOBOS -2 DATE (MM /DD /YYYY) 11/24/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJF Agencies, Inc. Plymouth 6000 Nathan Lane N., Suite 400 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE /DDIYY E P DATE MMIDIY EXPIRATION Minneapolis MN 55442 Phone:763- 746 -8000 _ INSURERS A FFORDING COVERAGE NAIC# INSURED INSURER A: Gene ral C C ompanies 244 14__ INSURER B: American International Group $1,0 PREMISES(Eaoccurence) INSURER C: A Doboszenski & Sons Inc. 9520 County Road 1§ c1 Loretto MN 55357 INSURER D: CCI0350415 INSURER E: 12/01/09 r.rwen once+ v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR- LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE /DDIYY E P DATE MMIDIY EXPIRATION LIMITS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave N GENERAL LIABILITY New Hope MN 55428 REPRESENTATIVES. A a A-- l ^f ne%MATn^Kl 4GRR EACH OCCURRENCE $1,0 PREMISES(Eaoccurence) $100,00 A X X COMMERCIAL GENERAL LIABILITY CCI0350415 12/01/08 12/01/09 MED EXP (Any one person) $ 5,000 CLAIMS MADE Ilk] OCCUR PERSONA & AD V INJURY $ 1,000 X Contractual L X Per Pro j Agg / GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY X PRO LOC JECT A AUTOMOBILE LIABILITY ANY AUTO CBA0350415 12/01/08 12/01/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ -�— -- - - - GARAGE LIABILITY AUTO ONLY_ EA AC CIDEN T $ OTHER THAN E ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE s4,000,000 AGGREGATE $4, — A X OCCUR CLAIMSMADE CCUO350415 12/01/08 12/01/09 $ — $ DEDUCTIBLE $ X RETENTION $10,000 WORKERS COMPENSATION AND X I TORY LIMITS ER _ E.L. EACH ACCIDEN $50 0,00 0 A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTNE OFFICER/MEMBER EXCLUDED? CWCO350415 12j01/08 12/01/09 -- - - -" —' E.L. DISEASE - EA EM PLOYEE $ 5 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT $ 5 0 0 , 0 0 0 If yes, describe under SPECIAL PROVISIONS below OTHER A Equipment Floater CC10350415 12/01/08 12/01/09 Blanket B Environmental Liab CP01952319 12/01/08 12/01/10 $2M /$2M DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of New Hope and Bonestroo (2335 Hwy 36 W, St.Paul, MN 55113) are included—&S Insured's as respects General Liability coverage RE Northwood East Pond,^:, New Hope, MN. .11 — - CANCFl 1 A I RUN ACORD 25 (2001108) CNEWHOP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of New Hope NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Kirk McDonald IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave N New Hope MN 55428 REPRESENTATIVES. A a A-- l ^f ne%MATn^Kl 4GRR ACORD 25 (2001108) If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE O 3 DA 'YY PRODUCER Hausmann- Johnson Insurance Inc 700 Regent St., PO Box 259408 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE DATE MM /DD /YY Madison WI 53725 -9408 Phone: 608 - 257 -3795 Fax: 608 - 257 -4324 INSURERS AFFORDING COVERAGE NAIC # .INSURED INSURER A: Cincinnati Insurance Company 10677 INSURER B: I $ 1 . 000 , 0 00 Applied Ecological Services, Inc. INSURERC: INSURER D: PO Box 256 Brodhead WI 53520 -9803 X COMMERCIAL GENERAL LIABILITY CPP0819612 02/01/08 INSURER F t`M7FD Af2FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRQ TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE DATE MM /DD /YY POLICY EXPIRATION I DATE MM /DD /YY LIMITS 4401 Xylon Ave N GENERAL UAB!LITY REPRESENTATIVES. I EACH OCCURRENCE $ 1 . 000 , 0 00 � PREMISES(Eaocc $ 50 , 000 _ _ A X COMMERCIAL GENERAL LIABILITY CPP0819612 02/01/08 02/01/11 MED EX (Any one person) $ 10,000 CLAIMS MADE X❑ OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 Ben. 1,000,000 POLICY X JECT LOC J EMP i A AUTOMOBILE LIABILITY ANY AUTO CPA0819612 02/01/09 02/01/10 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS rX BODILY INJURY (Per accident) $ HIR ED AUTOS NON -OWNED AUTOS XX I PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 AGGREGATE $ A. X OCCUR �CLAIMSMADE CPP0819612 02/01/08 02/01/11 $ DEDUCTIBLE $ X RETENTION $10,000 A WORKERS COMPENSATION AND EMPLOYLRS LiAbiLITY ANY PROPRIETORlPARTNER /EXECUTIVE OFFICERIMEMBEREXCLUDED? WC191728507 12/20/09 I 12/20/10 OIH I_ X LIMITS ER_ E.L. EACH ACCIDENT $ 100,000 ( E.L. DISEASE - E EMPLOYEE $ 100,000 If yes, describe under j SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 HER TA Section CPPOS19612 02/01/08 02/01/11 Buildings 3,186,179 Contents 2,102,200 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:Northwood East Pond Restoration, New Hope MN Project 807 The certificate holder is listed as additional insured with respect to Commercial General Liability for the above listed project. ( FRTIPI('.ATF 1-181 r)FR (;ANGt!LLAIIUIV CITYNE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of New Hope IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 4401 Xylon Ave N Minneapolis MN 55428 REPRESENTATIVES. AU REqIf ATIVE ACORD 25 (2001108) O ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD City of op October li: Project 000034-06188-0 Fm=l DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. Date: Member 22, 2008 Reg. No. 44315 END OF DOCUMENT 000034 - 06188 -0 0 2008 Bonestroo PROFESSIONALCERTTICATIONS DOCUMENT 00010 TABLE OF CONTENTS NORTHWOOD EAST SEDIMENT POND CITY PROJECT NO. 807 PROJECT NO. 000034 - 06188 -0 NEW HOPE, MINNESOTA li: Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C -700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1— General Requirements 01100 Summary 01310 Project Management and Coordination 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control Division 2 — Site Construction 02230 Site Clearing 02315 Excavation and Fill 02630 Storm Drainage 02920 Lawns and Grasses END OF DOCUMENT 000034 - 06188 -0 © 2008 Bonestroo TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 1:30 P.M., C.D.S.T., Thursday, October 23, 2008, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Northwood East Sediment Pond, City Project No. 807 In general, Work consists of the following approximate quantities: 3,000 CY Common Excavation, Off -Site 0.7 AC Clearing and Grubbing 120 CY Fieldstone Rip Rip 1,500 SY Erosion Control Blanket 0.7 AC Native Seeding 380 CY Topsoil Borrow 1 LS Temporary Erosion Control The estimated construction cost for this Project is $85,000. Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non - refundable fee of $50. Bidding Documents may be seen at the office of the City of New Hope and at the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet at www.bonestroo.com. Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604 -4938. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota 000034 - 06188 -0 © 2008 Bonestroo ADVERTISEMENT FOR BIDS DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034 - 06188 -0 © 2008 Bonestroo 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, 000034 - 06188 -0 © 2008 Bonestroo 00200 -2 INSTRUCTIONS TO BIDDERS interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; 000034- 06188 -0 © 2008 Bonesuoo 00200 -3 INSTRUCTIONS TO BIDDERS E. obtain and carefully study (or accept consequences of 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 5.01 There will be no pre -Bid conference. 000034 - 06188 -0 © 2009 Bonestroo 00200 -4 INSTRUCTIONS TO BIDDERS ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid Price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. 000034- 06188 -0 © 2008 Bonestroo 00200 -5 INSTRUCTIONS TO BIDDERS ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 000034 - 06188 -0 © 2008 Bonestroo 00200 -6 INSTRUCTIONS TO BIDDERS 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall circle the name of the Base Bid Manufacturer they will provide if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 000034 - 06188 -0 © 2008 Bonestroo 00200 -7 INSTRUCTIONS TO BIDDERS 13.13 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the Work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 000034 - 06188 -0 © 2008 Bonestroo 00200 -8 INSTRUCTIONS TO BIDDERS •tl • �•. • :It 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non - responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the end of this period. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the Bid Form or prior to the Notice of Award. 000034 - 06188 -0 © 2008 Bonestroo 00200_9 INSTRUCTIONS TO BIDDERS 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034 - 06188 -0 © 2008 Bonestroo 00200_10 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 000034 - 06188 -0 © 2008 Bonestroo INFORMATION AVAILABLE TO BIDDERS K a te THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 4 BIDDER: 0% �L5 -L'e' S ( � - �e -L S 'F `'C._ DOCUMENT 00410 BID FORM NORTHWOOD EAST SEDIMENT POND CITY PROJECT NO. 807 PROJECT NO, 000034-06188-0 NEW HOPE, MINNESOTA 2008 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner, 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date — 0 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, Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. 000034- 06188 -0 0 2008 sonestroo 00410 -1 BID FORM E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 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. 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. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 000034 - 06188 -0 0 2008 Bonestroo 00410-2 BID FORM 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents, Total Price No. Item Units Qty Unit Price 1 BASE BID: MOBILIZATION LS 1 $ o0c) $ a ooD 2 CLEAR AND GRUB LS 1 $ 92 0 $ '4 gZ0 0 3 COMMON EXCAVATION CY 2980 $ 911 1 1 ' $ 4 24° CMP FLARED END SECTION WITH TRASH EA 1 $ _ _ $ 5 GAURD REMOVE AND REINSTALL 24" RCP FLARED EA 1 $ 4 $ 7 _ 6 END SECTION CLASS III RANDOM RIPRAP CY 120 $ $ 9 &A 7 CULVERT INLET PROTECTION EA 1$ I i s $ 5 �° 8 SILT FENCE, MACHINE SLICED LF 250 $ TS �--� $ S2-s 9 TEMPORARY CONSTRUCTION ENTRANCE EA 2 $ Ca�� "' $ ! Z 10 BONDED FIBER MATRIX SY 1500 $ $ 11 MNDOT SEED MIX 100 AC 0.7 $ 3� $ 12 SELECT TOP SOIL BORROW (LV) CY 380 $ a $ Z TOTAL BASE BID $ 9, j00 000034- 06188 -0 © 2008 Bonestroo 00410 -3 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07,13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement, 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General _ Conditions, and the Supplementary Conditions. SUBMITTED on OC-+ AI , 200,6 If Bidder Is: An Individual Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): (SEAL) Phone No,: Fax No,: 000034 - 06188 -0 © 2008 Bonestroo 00410 -4 BID FORM A Partnership A Corporation Partnership Name: By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: ........ _............ Corporation Name: loo ba t 2 I y nS —Tnc _ (SEAL) State of Incorporation: Iii n ne 004 Geriero I Bust new Type (General Business, Profession - Service, Limited Liability): EXCOva * t =J e By. (Signature) Name (typed or printed): ICU of I Gt 2) A Q-o �:- J Title: e i den Attest (CORPORATE SEAL) (Signature of Corporate Business Street Address (No P.O. Box #'s): g5QO Count1 poQd I q Lo rLo , HkJ 553b Phone No.: � 7 J - 4- - 04n Fax No.: JL `;� — ` - 7 Z t P 000034- 06188 -0 © 2008 Bone=D 00410 -5 BID FORM A Joint Venture Joint Venture Name: (SEAL) By: Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O, Box Ws): Phone No,: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT (Signature of joint venture partner) 000034.06188.0 © 2008 Bonestroo 00410-6 BID FORM r:,�g I — i lilyll t kk AIA Document A310 Bid Bond BOND # RB9158022934 KNOW ALL MEN BY THESE PRESENT, that we DOBOSZENSKI & SONS INC. 9520 COUNTY RD. 19, LORETTO, MN 55357 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and GRANITE RE, INC. 14001 QUAILBROOK DRIVE, OKLAHOMA CITY, OK 73134 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of OKLAHOMA as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE AND 00/100 PERCENT of Amount Bid------------------- - - - - -- Dollars ( $ 5 % of Amount Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for NORTHWOOD EAST SEDIMENT POND (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of October, 2008. (Witness) DOBOSZENSKI & SONS INC. 'Principal) (Seal) C4�—p (Title) GRANITE RE, INC. (Su (Seal) (Title) a Tom Lahl, Attorney -in -Fact Pate Bonding, Inc. 1276 South Robert Street West St. Paul, MN 55118 (651)457 -6842 AIA DOCUMENT A310 BID BOND AIA S FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of in the year , before me personally come(s) to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of in the year before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public (� ( ACK F PRINCIPAL (Corporation) State of ° ' 'fit County of t Li'I110, --,) )) J I On this o2 J, day of Ocl Q d - in the year a� �_ , before me personally come(s) Q.Acc j- ( a to me known, who, being duly sworn, deposes and says that he is the of the q . the corpc Qtjon described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Pub 's �# kil Iubli hlinneso F- 4pir -38 Jan 9 Ae -,tw M OWLEDG ENT OF SURETY State of Minnesota ) County of Dakota ) On this 17th day of October in the year 2008 before me personally come(s) Tom Lahl Attorney(s) -in -Fact of GRANITE RE. INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s) -in -Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and i was affixed by rder of the Board of Directors of said company, and that he signed said instrument as Attorneys) -in -Fact e id comparxy by like or de I D TONI L. REDS NOTARyPUBLic- MINNESOTA Notary Pu b lic Ay Commission Expires Jan, 31, 2012 GRANITE RE, I NC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES its true and lawful Attorney- in- Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE; WANDA FRANZ; TOM LAHL; LISA M. FRANCOUR; JENNIFER BOYLES may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 14 day of January; 2008. Kenneth D. Whittington, President STATE OF OKLAHOMA ) s ; a L S S: ° kt xoY� COUNTY OF OKLAHOMA j R d n A. Frates, Secretary/Treasurer On this 14 day of January, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company' and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am' personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC.; the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Seceetary/Treasurer, respectively, of the Company. 0 My Commission Expires: May 9, 2008 Notary Pubi c Commission #: 00005708 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of,Granite'Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint' individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. ° On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a`facsimile thereof, may be impressed or affixed or in any other manner reproduced provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking," ' IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this ;17th day of October, 2008 x o. odR man A. Frates, Secretary/Treasurer GR0800 -1 DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Doboszenski & Sons Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: =- - 1ID 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: sediment pond grading. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Northwood East Sediment Pond for the City of New Hope, Minnesota, City Project No. 807. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be ready for Final Payment on or before May 29, 2009, in accordance with Paragraph 14.07 of the General Conditions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as Liquidated Damages for delay (but not as a penalty), Contractor shall pay Owner $100 for each day that expires after the time specified in Paragraph 4.02 for Completion and Readiness for Final Payment until Work is completed and ready for Final Payment. 000034 - 06188 -0 00520 -1 0 2008 Bonestroo AGREEMENT FORM ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Fifty -Seven Thousand One Hundred Dollars and Fifty Cents ($57,100.50) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such payments will be measured by the Schedule of Values established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the Work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. 000034 - 06188 -0 00520 -2 © 2008 Bonestroo AGREEMENT FORM ARTICLE S - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done 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 Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 000034 - 06188 -0 00520 -3 © 2008 Bonestroo AGREEMENT FORM ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Northwood East Sediment Pond. 7. Addendum (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. C. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 000034 - 06188 -0 00520 -4 © 2008 Bonestroo AGREEMENT FORM ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 1.0.04 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. 000034 - 06188 -0 00520 -5 0 2008 Bonestroo AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). Owner: Address for giving notices: ' ` Q NEW HOPE 4401 XYLON A VE . f HOPE 5542 Contractor: Address for giving notices: 9520 Caw iza e1 L r (, �6 M' License No. (Where applicable) Designated Representative: Name: Designated Representative: Name: &Ot NC Title: Addre 1w, ROFE MN 5 Phone: Facsimile: ) � I � .._ � 5' / / 6 Title: Pro y r-\g,,. aer Address: q!; 20 c P-J 1 I Phone: `l bS -4 (,94 � Facsimile: ') (v3 A � 310 (,, END OF DOCUMENT 000034- 06188 -0 00520 -6 © 2008 Bonestroo AGREEMENT FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C -610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. (Seal) 00610 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owners right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the -actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker Owner's Representative (engineer or other party) 00610 -2 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contact or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (engineer or other party): 00615 -2 � • 11:11 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C -700, 2002 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete 4.02.A and 4.023 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner or Engineer. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.0 LC: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.B Delete Paragraph 5.03.13 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. 000034 - 06188 -0 00800 -1 © 2008 Bonestroo SUPPLEMENTARY CONDMONS C. By requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 3. Comprehensive Automobile Liability $1,000,000 Combined Single Limit - Bodily injury and property damage. All owned, non - owned, and hired vehicles. 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. 000034 - 06188 -0 00800 -2 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -112 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1." SC- 6.19.A Delete the words "representation of in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.053 by replacing the words "60 days" with the words "30 days." 000034 - 06188 -0 00800 -3 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.85 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: SC -16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC- 16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. 000034 - 06188 -0 00800 -4 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC- 16.0LC and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF DOCUMENT 000034 - 06188 -0 00800 -5 © 2008 Bonestroo SUPPLEMENTARY CONDITIONS SECTION 01100 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Northwood East Sediment Pond for the City of New Hope, Minnesota, City Project No. 807. B. Description of Work: Construction of Sediment Pond. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 000034- 06188 -0 01100 -1 O 2008 Bonestroo SUMMARY B. Access to Site: 1. Access to the Site will be via Winnetka Avenue, just north of the Auto Zone property, then by use of the rock pedestrian trail/access road over to the proposed pond location. No construction traffic will be allowed on the Auto Zone property nor to use their entrance without their explicit authorization. Auto Zone has not been contacted regarding potential access. The Contractor will be responsible to coordinate this agreement if desired. 2. Any overhanging branches identified to be in conflict with hauling activities should be trimmed/removed prior to the commencement of trucking operations. 3. Any branches or vegetation damaged during trucking operations should be trimmed back and disposed of. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06188 -0 01100 -2 © 2008 Bonestroo SUMMARY SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy, Greg Plumedahl; 763 - 493 -1670, fax: 763 - 493 -1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612 - 321 -5077, fax: 612 -321 -5480. 6. Telephone: Qwest, Steve Hotvedt; 612 -381 -5031, fax: 612 - 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651- 493 -5316, fax: 651- 493 -5116. C. Owner requires 48 -hours notice for all utility interruptions. 1.03 PERMITS A. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 -hours notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 000034- 06188 -0 01310 -1 PROJECT MANAGEMENT AND COORDINATION © 2008 Bonestroo 1.05 PROJECT MEETINGS A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. C. Progress Meeting Procedures: 1. 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. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 06188 -0 01310 -2 PROJECT MANAGEMENT AND COORDINATION © 2008 Bonesiroo SECTION 0 1500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1.03 SUBMITTALS Not Used. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. 000034-06188-0 01500-1 TEMPORARY FACILITIES 0 2008 Bonestroo AND CONTROLS B. Temporary Water for Construction: 1. Obtain water for construction from locations designated by the Owner. 2. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventer assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 3. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 3.04 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned — 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned — 100 100 000034 - 06188 -0 ILITIE TEMPORARY FACS © 2008 Bonestroo 01500 -2 AND CONTROLS B. A Bid Item has not been provided for dewatering. This work shall be considered incidental to the Project. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06188 -0 TEMPORARY FACILITIES © 2008 Bonestroo O150Q -3 AND CONTROLS TRAFFIC CONTROL CHECKLIST ITEM 1. Are any devices missing? ❑ Yes ❑ No Do any devices need repair? ❑ Yes ❑ No Were all replaced or repaired? ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 2. Are any lights (flashers, etc) not functioning? Were they all replaced or repaired 3. Are any devices improperly placed? Were all positions corrected? 4. Do any devices need cleaning? Where all devices cleaned? ADDITIONAL COMMENTS: ❑ Yes ❑ No ❑ Yes ❑ No How Many? ❑ Yes ❑ No ❑ Yes ❑ No The above check was completed by on: at: (date) (time) (name / title) _ ❑ AM ❑ PM SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A. Managing stormwater runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E: 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. B. 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. 000034 - 06188 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -1 SEDIMENT CONTROL 1.05 QUALITY ASSURANCE A. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall 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. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the Work. 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. Prior to Project shutdown for periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. E. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1. When the Contractor fails to conduct the quality control program or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $500 per calendar day deduction for noncompliance. 000034 - 06188 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -2 SEDIMENT CONTROL F. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following: 1. 2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. 2.04 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix) A. Conform to MnDOT Spec. 3884. B. Type 8 — Bonded Fiber Matrix. 2.05 TEMPORARY SEED A. Conform to Section 02920. 2.06 CULVERT INLET PROTECTION A. Inlet protection for existing culvert during grading activities and establishment of erosion control measures: 1. Conform to the details on the Drawings. 000034- 06188 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -3 SEDIMENT CONTROL PART 3 EXECUTION 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. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices 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. 000034 - 06188 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -4 SEDIMENT CONTROL 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance: 1. Install only as directed by engineer. Two locations are shown on the plans for temporary rock construction entrances on the Drawings. Conditions may be such that one or both of these entrances can be eliminated. Confirm with engineer prior to delivery or placement of materials for entrances. 2. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. Mulch: 1. For seeded Sites, apply at a rate of 2 tons per acre (4,500 kg/ha). 2. For 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. F. Hydraulic Soil Stabilizer (Bonded Fiber Matrix): 1. Apply hydromulch in conformance with MnDOT Spec. 2575.311. 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 lbs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 lbs per acre. 000034 - 06188 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -5 SEDIMENT CONTROL 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non - functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 000034 - 06188 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -6 SEDIMENT CONTROL B. .Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 percent partial payment will be made upon installation and 20 percent payment will be made upon removal and restoration: 1. Silt Fence, Type Machine Sliced: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Temporary Rock Construction Entrance: Measurement will be by each. Payment will be made only for entrance(s) directed to be installed by engineer. See Section 3.02.D.1. 3. Bonded Fiber Matrix: Measurement will be based upon units of square yards of Bonded Fiber Matrix installed complete in place as specified. If weather conditions prevent the application of Bonded Fiber Matrix, straw mulch may be substituted with Engineer's approval. 4. Culvert Inlet Protection: Measurement will be by each inlet protect installed and maintained in accordance with the detail shown on the Drawings. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06188 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -7 SEDIMENT CONTROL SECTION 02230 SITE CLEARING PART 1 GENERAL 1.01 SECTION INCLUDES A. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2 101 — Clearing and Grubbing. 2. 2571 — Plant Installation. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. B. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. 1.05 QUALITY ASSURANCE A. Burning: 1. Conform to all local regulations. 000034 - 06188 -0 02230 -1 © 2008 Bonestroo SITE CLEARING 1.06 SITE CONDITIONS A. Work consists of removing trees generally within the grading limits for construction of the sediment pond as shown on the drawings. B. The site plan is intended to include all the trees anticipated to be removed for the grading of the pond, however, the drawings may not show all trees to be removed. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of grading and excavation work. B. Install temporary erosion control measures prior to Work of this Section. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. B. Assume multiple mobilizations for the Work of this Section. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. 000034 - 06188 -0 02230 -2 0 2008 Bonestroo SITE CLEARING D. All depressions resulting from the grubbing operations shall be backfilled in accordance with Section 02315. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction, including hauling operations and site access. Paint all cuts with wound dressing. A. After clearing and grubbing have been completed, strip sod and topsoil to a line 2 feet outside of areas to be occupied by structures, walks, areas to be excavated or filled, and other areas shown. B. Stockpile sufficient topsoil to re- spread at a uniform depth of 4 inches to all disturbed areas identified for seeding or sodding: 1. Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL A. Dispose of all cleared and grubbed material and debris at a location selected by the Contractor, except for trees and logs to be salvaged. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. 3.06 PROTECTION A. Conduct operations so as not to damage surrounding property. B. Protect trees intended to be saved from injury or defacement during operations. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. 000034 - 06188 -0 02230 -3 O 2008 Bonestroo SrM CLEARING 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Clear and Grub. Measurement will be lump sum for clearing and grubbing all trees necessary for the grading required to construct the sediment pond as shown on the Drawings. Trimming and all other necessary work to accommodate hauling operation and access to the Site will be considered incidental to this Bid Item: 1. Payment will constitute compensation in full for all removal, disposal, and costs. B. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 06188 -0 02230 -4 © 2008 Bonestroo SITE CLEARING SECTION 02315 EXCAVATION AND FILL 1.01 SECTION INCLUDES A. Excavation and fill for channels, ponds, and other areas. 1.02 RELATED SECTIONS A. Section 02230 - Site Clearing. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 1.04 DEFINITIONS A. The definitions of the different classifications of excavation and borrow material shall conform to MnDOT Spec. 2105.2, or as modified herein: 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Common Excavation: Will include all excavation below the grading grade. Other excavations directed by Engineer, such as subgrade excavation, shall be included as common excavation. 1.05 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. PART 2 PRODUCTS Not Used. 000034 - 06188 -0 02315 -1 © 2008 Bonestroo EXCAVATION AND FILL PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish the specified erosion control devices according to Section 01570 prior to all excavations. 2. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 3. Strip topsoil consistent with Section 02230. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.313, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 2105.3C, or as modified herein: 1. Perform excavations to the grade as shown on the Drawings and staked by the Engineer. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Remove muck excavation material by utilizing a backhoe so as to minimize disruption to the bottom of the excavation. 4. Notify Engineer immediately of any large boulders or ledge rocks encountered so proper measurement can be made for pay quantities. 5. No solid rock will be allowed within 12 inches of the subgrade. 6. Provide and maintain temporary drainage facilities until permanent facilities are completed. 7. Cut, fill, and grade Site to elevations and contours shown on the Drawings with allowances for topsoil and structures. 000034 - 06188 -0 02315 -2 © 2008 Bonestroo EXCAVATION AND FILL 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31), or as modified herein: 1. Strip topsoil consistent with Section 02230. 2. No disposition of bituminous millings will be permitted, unless thoroughly mixed with other on Site materials. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: 1. Topsoil placement shall conform to Section 02920. 3.06 COMPACTING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3F, or as modified herein: 1. Compaction required for embankment materials shall conform to the Specified Density Method with the testing location and rates being determined by the Engineer. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Common Excavation. Measurement will be by volume of material (cubic yard) in its original position. Measurement will be made by truck count. Payment includes removing, hauling, disposal, and all other costs associated with this Bid Item. MnDOT's conversion of 1.3 LV = 1 CV will be used to convert the truck quantities from loose volume to compacted volume. Coordinate hauling operation with Engineer prior to starting excavations and hauling. Payment will not be made for material hauled if Engineer is not given sufficient time to arrange for monitoring of hauling operations. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06188 -0 02315 -3 © 2008 Bonestroo EXCAVATION AND FILL SECTION 02630 STORM DRAINAGE PART 1 GENERAL 1.01 SECTION INCLUDES A. Storm sewer pipe, fittings, and miscellaneous appurtenances. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): 1. A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware. 2. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. B. Minnesota Department Of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1. 3226 - Corrugated Steel Pipe. 2. 3351 - Sheet Metal Products. 3. 2511 - Rip Rap. 4. 3601 - Rip Rap Materials. 5. 3733 - Geotextiles. 6. 2461 - Structural Concrete. 1.04 SUBMITTALS A. Submit Manufacturer's Certificate of Compliance for the following items: 1. Rip rap. 000034 - 06188 -0 © 2008 Bonestroo 02630 -1 STORM DRAINAGE PART 2 PRODUCTS 2.01 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. Materials: O -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. B. Corrugated Steel Pipe: 1. General Requirement: Conform to MnDOT Spec. 3226. 2. Materials: a. Galvanized Steel: ASTM A929. b. Aluminized Steel: ASTM A929. 3. Coating: Asphalt — ASTM A849. 4. Corrugation Size: As shown on the Drawings. 5. End Sections: Conform with MnDOT Spec. 3226 and MnDOT Spec. 3351. 2.02 TRASH GUARDS A. General Requirement: ASTM A153. B. Materials: Galvanized steel rods meeting the requirements in ASTM A153. C. Securely attached to end section. 2.03 RIP RAP A. General Requirement: Conform to MnDOT Spec. 2511: 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2. Granular Filter: Conform to MnDOT Spec. 3601. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to MnDOT Spec. 2461. 000034- 06188 -0 © 2008 Bonestroo 02630 -2 STORM DRAINAGE PART 3 EXECUTION 3.01 PREPARATION A. By -Pass Pumping: Contractor responsible for all items required to maintain sewer flows during construction. All Work and costs for by -pass pumping is considered incidental to the Project, unless otherwise specified. 3.02 INSTALLATION A. Structures and Appurtenances Installation: 1. Furnish and install structures in accordance with the Drawings. B. Rip Rap: 1. General: Conform to MnDOT Spec. 2511. 3.03 FIELD QUALITY CONTROL A. Scope: 1. 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 mains and structures are kept clean during construction, cleaning will not be required. b. If mains and/or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 2. Complete prior to final inspection for acceptance. 3.04 PROTECTION A. Mark all structures to avoid being hit by construction or vehicular traffic. B. Establish erosion control measures as per Section 01570. 000034 - 06188 -0 0 2008 Bonestroo 02630 -3 STORM DRAINAGE 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for 24 Inch CMP Flared End Section With Trash Guard. Measurement will be per each end section installed in accordance with the Drawings. Payment will be considered compensation in full for supplying and installing the end section, including trash guard, excavation, backfilling, compaction, and all other work required for the installation of the end section.. B. A Bid Item has been provided for Class III Random Rip Rap. Measurement will be based upon units of cubic yards of rip rap placed. Payment shall include placement of geotextile fabric. It is important to note that the quantity of rip rap listed on the Bid Form is merely an estimate of what will be required to stabilize the areas marked on the plan. It is anticipated that less quantity could be used to sufficiently stabilize the area. The Contractor should plan to deliver no more than 75 percent of the quantity estimated. Once this amount is placed, it will be determined if additional quantity is necessary. Any amount over the 75 percent of that estimated will be paid without authorization of the Engineer. C. A Bid Item has been provided for Remove and Reinstall 24 Inch RCP Flared End Section. Measurement will be per each end section removed and reinstalled. Payment will be considered compensation in full for removing the existing end section, preparing the foundation for reinstallation, all excavation and compaction necessary to reinstall install the end section, and any other work required associated with this Bid Item. The existing apron has settled, resulting in separation of the joint between the end section and the pipe. The intent of this work is to eliminate the separation and prepare a foundation suitable such settlement does not reoccur in the future. D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06188 -0 © 2008 Bonestroo 02630 -4 STORM DRAINAGE SECTION 02920 LAWNS AND GRASSES f� lllfCi �h 1.01 SECTION INCLUDES A. Restoration of construction area by installation of topsoil, seed, soil amendments, mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2003 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0 13 10. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. 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. 1.05 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. 000034 - 06188 -0 © 2008 Bonestroo 02920 -1 LAWNS AND GRASSES PART 2 PRODUCTS 2.01 TOPSOIL: Select Topsoil Borrow conforming to MnDOT Spec. 3877.2B. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). 2.03 SEED: Conform to MnDOT Spec. 3876. A. Temporary: MnDOT Seed Mixture 100 (Winter Wheat). 2.04 MULCH: Conform to Section 01570. 2.05 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix): Conform to Section 01570. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed or sod. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. D. Delivery: 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 000034 - 06188 -0 0 2008 Bonestroo 02920 -2 LAWNS AND GRASSES 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect seed from contamination. E. Storage: 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.3B. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C: 1. Apply fertilizer at a rate of 4001bs. per acre (9.2 lbs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. ft.). 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 MULCH: Conform to Section 01570. 3.05 HYDRAULIC SOIL STABILIZER (Bonded Fiber Matrix) A. Conform to Section 01570. 3.06 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 000034 - 06188 -0 © 2008 Bonestroo 02920 -3 LAWNS AND GRASSES 3.07 INSPECTION AND ACCEPTANCE A. Seeding work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. C. Seed evaluation shall be based on at least one species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for MNDOT Seed Mix 100. Measurement will be based upon units of acres for the seed mix installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, watering, and all correlated activity. B. A Bid Item has been provided for Select Topsoil Borrow (LV). Measurement will be based upon units of cubic yards of material (loose volume) furnished and placed complete in place as specified. The actual quantity installed multiplied by the Bid Unit Price will be considered payment in full for all work and costs of this Bid Item. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 06188 -0 0 2008 Bonestroo 02920 -4 LAWNS AND GRASSES This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OFTHE CONSTRUCTION 'A Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National S ociety of ACEC Professional En+gineeirse PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by r The Associated General Contractors of America 1 Knowledge for Creating and Sustaining VIV the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE1 - DEFINITIONS AND TERMINOLOGY ................................................................................ .............................. 1.01 Defined Terms ............................................................................................................................ .............................. 1.02 Terminology ............................................................................................................................... .............................. ARTICLE2 - PRELIMINARY MATTERS .................................................................................................. .............................. 2.01 Delivery of Bonds and Evidence of Insurance.. . .... ........ ..................... ............................................................... ...9 2.02 Copies of Documents ................................................................................................................. .............................. 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... .............................. 2.05 Before Starting Construction ..................................................................................................... .............................. 2.06 Preconstruction Conference ....................................................................................................... .............................. 2.07 Initial Acceptance of Schedules ................................................................................................. .............................. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... .............................10 3.01 Intent ......................................................................................................................................... ............................. 3.02 Reference Standards ................................................................................................................. ............................. 3.03 Reporting and Resolving Discrepancies ................................................................................... ............................. 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 3.05 Reuse of Documents .................................................................................................................. ............................. 3.06 Electronic Data ......................................................................................................................... ............................. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................... ..........:..................1 4.01 Availability of Lands ................................................................................................................. ............................. 4.02 Subsurface and Physical Conditions, ..................................................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................ .............................1 4.04 Underground Facilities ............................................................................................................. ............................. 4.05 Reference Points ....................................................................................................................... ............................. 4.06 Hazardous Environmental Condition at Site ............................................................................ ............................. ARTICLE5 - BONDS AND INSURANCE ................................................................................................ ............................. 5.01 Performance, Payment, and Other Bonds ................................................................................. ............................. 5.02 Licensed Sureties and Insurers ................................................................................................. ............................. 5.03 Certificates of Insurance .......................................................................................................... ............................. 5.04 Contractor's Liability Insurance ............................................................................................... ............................. 5.05 Owner's Liability Insurance ..................................................................................................... ............................. 5.06 Property Insurance ................................................................................................................... ............................. 5.07 Waiver of Rights ........................................................................................................................ ............................. 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. ............................. 6.01 Supervision and Superintendence ............................................................................................. ............................. 6.02 Labor; Working Hours .............................................................................................................. ............................. 6.03 Services, Materials, and Equipment .......................................................................................... ............................. 6.04 Progress Schedule ..................................................................................................................... ............................. 6.05 Substitutes and "Or- Equals" .................................................................................................... ............................. 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ...........:............................................................................................. ............................. 6.08 Permits ...................................................................................................................................... ............................. 6.09 Laws and Regulations ............................................................................................................... ............................. 6 .10 Taxes ......................................................................................................................................... ............................. 6 .11 Use of Site and Other Areas ...................................................................................................... ............................. 6.12 Record Documents .................................................................................................................... ............................. 6.13 Safety and Protection ................................................................................................................ ............................. 6.14 Safety Representative ................................................................................................................ ............................. 6.15 Ha Communication Programs ........................................................................................... . EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. .............................23 6.17 Shop Drawings and Samples. ............... ........... ................................. ............................................. ..................... 23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ......................................................................................................................... .............................24 6.21 Delegation of Professional Design Services.. ..................................... ................................................... .............. 25 ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7.03 Legal Relationships ................................................................................................................... .............................26 ARTICLE - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data... ............................................ ...................................................................................... ................... 26 8.04 Pay When Due ........................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance ................................................................................................................................... .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities ................................................................................... .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site ............................................................................................................................... .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work .................................................................................................. .............................27 9.05 Rejecting Defective Work .......................................................................................................... .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................................. .............................28 10.01 Authorized Changes in the Work ............................................................................................... .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ........................................................................................................................ .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .... ...33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections ................................................................................................................ .............................33 13 .04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ........................................................................................................ .............................34 13.06 Correction or Removal of Defective Work. ........................................................................... ................................ 34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ................................................................................................. .............................37 14.04 Substantial Completion ............................................................................................................. .............................37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ..................................................................................................................... .............................38 14 .06 Final Inspection ........................................................................................................................ .............................38 14.07 Final Payment ........................................................................................................................... .............................38 14.08 Final Completion Delayed ........................................................................................................ .............................39 14.09 Waiver of Claims ....................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.. ....................................................................................... 39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause. .......................................................................................................................... 39 15.03 Owner May Terminate For Convenience.. .............. ...................... ................................... .......... ........................ 40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE17 - MISCELLANEOUS ............................................................................................................ .............................41 17.01 Giving Notice ............................................................................................................................ .............................41 17 .02 Computation of Times ............................................................................................................... .............................41 17 .03 Cumulative Remedies ................................................................................................................ .............................41 17 .04 Survival of Obligations ............................................................................................................. .............................41 17 .05 Controlling Law ........................................................................................................................ .............................41 17.06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement - -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment - -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid - -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder - -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract - -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents -- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times - -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11.0 LA for definition. 17. Drawings - -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement- -The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer- -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 20. Field Order - -A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements -- Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition- -The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste - -The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations - -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens -- Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone - -A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award - -The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed - -A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner- -The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs -- Polychlorinated biphenyls. 31. Petroleum -- Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil . sludge, oil refuse, gasoline, kerosene, and oil mixed with other non - Hazardous Waste and crude oils. 32. Progress Schedule - -A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project - -The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual- -The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material -- Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals - -A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. 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. 41. Shop Drawings - -All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. Site - -Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications- -That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - -An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. 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. 46. Successful Bidder - -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, 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 any Subcontractor. 49. Underground Facilities - -All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. 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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - -A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable t o the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or clarification. Engineer's written interpretation or 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that o and t Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 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 any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners; employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start -up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or- equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the 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. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other in dividual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume' all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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. 6.08 Permits A. Unless otherwise provided in the Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. 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; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere t t Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 - OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and EJCDC C•700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.OLA and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without Iimitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible 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 14.07.A will only be to determine generally that their content complies with the require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A.Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If notice 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) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.8. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.13 will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 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 at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 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 pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, 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 perfor- mance 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 equip- ment, 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, 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), pro s uch losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.OLA and 11,01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 1 LOLA and I LO1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.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 Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs I1.0l.A.1 and I1.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.4, 11.0I.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0I.C.2.a through 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 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 re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that 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 moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 1 If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive cert ificate of S ubstantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0I.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 Performance Bond Bond No. GRMN28697A Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) DOBOSZENSKI & SONS INC. 9520 COUNTY RD. 19 LORETTO MN 55357 OWNER (Name and Address) City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 SURETY (Name and Principal Place of Business) GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY OK 73134 CONTRACT Date: 11117/2008 Amount: $ 57,100.50 Description (Name and Location): PROJECT NO. 000034 - 06188 -0: CITY PROJECT NO. 807: NORTHWOOD EAST SEDIMENT POND (SEDIMENT POND GRADING), NEW HOPE MINNESOTA BOND BOND NO. GRMN28697A Date (Not earlier than Construction Contract Date): 11/18/2008 Amount: $ 57,100.50 ( FIFTY SEVEN THOUSAND ONE HUNDRED AND 50/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY DOBOSZENSKI & SONS INC. GRANITE RE, INC. Company: (Seal) Surety's Name and Co e Seal Signature: t By: e and �Title S ature and Title: l43 `Jonathan Pate, Attorney -in -Fact (Attach Po er of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) (Seal) Surety's name and Corporate Seal Signature: Name and Title: IM Signature and Title: (Attach power of attorney) Attest: Signature and Title EJCDC No. C -610 (2002 Edition) Originally prepared through the joint efforts of The Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. 1. CONTRACTOR and Surety, jointly and severalty, bind themselves their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Contract, which is incorporated herein by reference 2. If CONTRACTOR performs the Contract, Surety and CONTRACTOR have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no OWNER Default, Surety's obligation under this Bond Shall arise after 3.1 OWNER has notified CONTRACTOR and Surety at the address described in Paragraph 10 below, that Owner is con- sidering declaring a CONTRACTOR Default and has requested and at- tempted to arrange a conference with CONTRACTOR and Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If OWNER, CONTRACTOR and Surety agree, CONTRACTOR shall be allowed a reasonable time to perform the Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a CONTRACTOR Default; and 3.2 The OWNER has declared a CONTRACTOR Default and formally ter- minated CONTRACTOR'S right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty days after CONTRACTOR and Surety have received notice as pro- vided in paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to: 1. The Surety in accordance with the terms of the Contract: 2. Another contractor selected pursuant to paragraph 4.3 to perform the contract 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract, or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and con - pletion of the Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner's concurrence to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from the Contractor default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; 1. After investigation, determine the amount for which it may be liable to Owner and as soon as practicable after the amount is determined, render payment therefor to Owner, or 2. Deny liability in whole or in part and notify the Owner citing reasons thereof. 5. If Surety does not proceed as provided in Paragraph 4 with reason- able promptness, the Surety shall be deemed to be in default of this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that the Surety perform its obligation under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Subparagraph 4.4 and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under paragraph 4.1, 4.2 or 4.3 above, then the responsibilities of Surety to Owner Shall not be greater than those of the Contractor under the Contract, and the responsibilities of Owner to Surety shall not be Greater than those of Owner under the Contract. To a Limit of the amount of this Bond, but subject to commitment by Owner Of the Balance of the Contract Price to mitigation of costs and damages On the Contract, the Surety is obligated without duplication For: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract. 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4, and 6.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of Contractor. 7. The Surety shall not be liable to Owner or others for obligations of The Contractor that are unrelated to the Contract, and the Balance of the Contract Price, shall not be reduced or set off on account Of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the mininum period of limitation availible to sureties as a defense in the jurisdiction of the suit shall be liable. 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed in- corporated herein. The intent is that his Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the contract. 12.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4 Owner Default: Failure of Owner, which has neither been remedied not waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY - Name Address and Telephone) Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651)457 -6842 OWNER'S REPRESENTATIVE (Engineer or other Party): BONESTROO INC. 00610-2 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of ) On this day of in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of , in the year . before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of Ilom�� t� ) County of L W41_' ) On this day of Wrh &), in the year 000 before me personally come(s) says that he is the State of Minnesota ) County of Dakota ) , to me known, who, being duly sworn, deposes and of the �o k i'm aka 'r yn-4 -- �J0 , U the corporation described in and which executed the foregoing instrument; that he On this 18th day of November in the year 2008 before me personally come(s) Jonathan Pate Attorney(s) -in -Fact of Payment Bond Bond No. GRMN28697A Any singular reference to Contractor Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) DOBOSZENSKI & SONS INC. 9520 COUNTY RD. 19 LORETTO, MN 55357 OWNER (Name and Address) City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 CONTRACT Date: 11/17/2008 Amount: $ 57,100.50 Description (Name and Location): SURETY (Name and Principal Place of Business) GRANITE RE, INC. 14001 QUAILBROOK DRIVE OKLAHOMA CITY, OK 73134 PROJECT NO. 000034 - 06188 -0: CITY PROJECT NO. 807: NORTHWOOD EAST SEDIMENT POND (SEDIMENT POND GRADING), NEW HOPE, MINNESOTA BOND BOND NO. GRMN28697A Date (Not earlier than Construction Contract Date): 11/18/2008 Amount: $ 57,100.50 ( FIFTY SEVEN THOUSAND ONE HUNDRED AND 50/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL SURETY DOBOSZENSKI & SONS I NC. GRANITE RE, INC. Company: (Seal) Surety's Name and PorpUN Seal Signature: � ' By: � - ; - N e and Title and Titl ° e: 6S d. ^�'� fr� tV�t han Pate, Attorney -in -Fact (Attach Po er of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: (Seal) Signature: Name and Title: Attest: Signature and Title SURETY (Seat) Surety's name and Corporate Seal By: Signature and Title: (Attach power of attorney) Attest: Signature and Title EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of The Surety Association of America, Engineers Joint Contract Documents Committee, The Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants. and 2.2 Defends indemnifies and holds harmless Owner from all claims, demands, liens or suits alleging non- payment by contractor by any person or entity who furnished labor, materials or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Para- graph 12) of an claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, starting that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment in- cluded in the claim stating, with substantial accuracy the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor has indiciated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice required by Paragraph 4 is provided by Owner to Con- tractor or to Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions. 6.1 Send an answer to the Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and teh basis for challenging any amounts that are disputied. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Con- tractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the work. 9. Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Con- tract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the constract was to be per- formed, 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. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with Contractor or with a first -tier subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include with- out limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone ser- vice or rental equipment used in the Contract, archi- tectual and engineering services required for performance of the Work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof (FOR INFORMATION ONLY - Name Address and Telephone) Surety Agency or Broker: Pate Bonding, Inc., 1276 South Robert Street, West St. Paul, MN 55118 (651)457 -6842 OWNER'S REPRESENTATIVE (Engineer or other Party): BONESTROO, INC. 00615 -2 ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of ) County of On this day of in the year , before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) County of ) On this day of in the year , before me personally come(s) a member of the co- partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ihu r1 k ) 1 ) County of r O n this Gl day of in the yea before me personally come(s) 5§ says that he is the to me known, who, being duly sworn, deposes and of the f1 a4�61A j - 0 6't'c' 7 the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. On this 18th day of November in the year 2008 before me personally come(s) Jonathan Pate Attorney(s) -in -Fact of GRANITE RE, INC. with whom I am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorney(s)-in- Fact of GRANITE RE, INC. company described in and which executed the within instrument; that he know(s) the corporate seal of such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said company, and that he signed said instrument as Attorneys) -in -Fact of the said company by like order.