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IP #731COUNCIL IL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works November 22, 2004 Consent Item No. r a By: Guy Johnson By: 6 ' 7 RESOLUTION ACCEPTING 9200 49TH AVENUE REGIONAL POND CONSTRUCTION PROJECT AND APPROVING FINAL PAYMENT REQUEST TO VEIT & COMPANY, INC. (IMPROVEMENT PROJECT 731) REQUESTED ACTION Staff recommends that Council approve a resolution to accept the 9200 49th Avenue Regional Pond Construction Project and authorize final payment to Veit & Company Inc., in the amount of $8,732.17. BACKGROUND With the development of the 9200 49th Avenue property, staff recommended that the city proceed with the construction of a regional storm water pond at that site. The Council approved plans and authorized staff to advertise for bids on September 8, 2003, and awarded the project to Veit Company Inc., on October 27, 2003. The improvement consists of a new regional water quality pond and a sediment pond that are included in the city's 1996 Surface Water Management Plan, and a channel through the wetland. Collisys is in the process of amending their Conditional Use Permit for improvements to their property. A portion of the new sediment pond satisfies their water quality requirements for the pending improvements. The related costs for this portion of the pond are the responsibility of the Collisys company. FUNDING The construction cost for this project totaled $174,643.50. Funds for the project are available through Collisys, $18,125; a Metropolitan Council grant, $90,000; the proceeds from the sale of the south portion of the city property to the pet hospital, $80,389.60; and the Storm Water Fund. The Collisys payment will be a condition of the permitting process for their site improvements. ATTACHMENTS Attached are the resolution and a copy of the engineer's memorandum recommending acceptance of both the project and the final pay request. MOTION BY SECOND BY f° TO: I:RFA \Pubworks \2004 \731 49th Ave Regional Pond Final CITY OF NEW HOPE RESOLUTION NO. 2004 -195 RESOLUTION ACCEPTING 9200 49 AVENUE REGIONAL POND CONSTRUCTION PROJECT AND APPROVING FINAL PAYMENT REQUEST TO VEIT & COMPANY, INC (Improvement Project 731) WHEREAS, The City has entered into a contract with Veit & Company, Inc. (hereafter Veit) for the construction of the 9200 49 Avenue North Regional Pond Construction Project No. 731; and WHEREAS, The contract and work performed there under has been satisfactorily completed by Veit and is hereby accepted, and WHEREAS, The City and Veit have negotiated the final changes to the contract, and WHEREAS, The net result to the actual project costs resulting from the value of the work completed is a final contract price of $174,643.50 or an increase of $5,240.00 from the original contract price resulting from additional work more fully described in the City Engineer's November 15, 2004 letter attached; and WHEREAS, Veit's final payment request in the amount of $8,732.17 is hereby recommended for payment by the City Engineer and Public Works Director. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby accepts the 9200 49 Avenue North Regional Pond Construction Project No. 731 from Veit & Company, Inc. 2. That the City Manager is authorized and directed to make the final $8,732.17 payment on the contract based on the actual project costs as recommended by the City Engineer and Public Works Director subject to Veit submitting a completed form IC -134. Adopted by the City Council of the City of New Hope, HennepK County, M esota this 22" day of November, 2004. /-� A / Attest: L�JiL2iL Valerie Leone, City Clerk P:\Attorney \Cnh Resolutions \CNA99 - 10030 - 014 -Reso approving Veit final pay request49th Ave regional pond proj.731.doc Bonestroo Rosene Anderlik & Associates Engineers & Architects November 15, 2004 2335 West Highway 36 ■ St. Paul, MN 55113 office: 651-636 - 4600 ■ Fax: 651 -636 - 1311 www.bonestroo.com Mr. Guy Johnson City of New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 9200 49 Avenue Pond Improvements Project City Project No. 597 Bonestroo Project No. 34 -98 -820 Dear Guy: Enclosed find the signed final pay request, the consent of surety to final payment, and the completed IC -134s for the 9200 49 Avenue Pond Improvements project. All work involved has been completed. We recommend final payment in the amount of $8,732.17. The original contract was for $169,403.50. The final value of work completed is $174,643.50, or $5,240.00 (3 %) more than the original contract. The additional expense is due to additional erosion control blankets, near the Collysis property, needed to stabilize the constructed slopes and some additional plantings installed to provide screening for the neighboring properties. If you have questions, please contact me at 651- 604 -4938. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. �� c Jason Quisberg enclosures ■ St. Paul, St. Cloud, Rochester, Willmar, MN ■ Milwaukee, WI ° Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned Bonestroo Rosen Anderlik & Associates Engineers b Architects Dwner: City of New Hope 4401 Xylon Ave N New Hope MN 55428 Date: November 12, 2004 =or Period 8/13/2004 to 11/12/2004 Request No 4 AND FINAL "'ontractor: Veit and Company Inc 14000 Veit Place Rogers MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT 9200 49TH AVENUE POND IMPROVEMENTS BRA FILE NO. 34 -98 -820 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 M. W... Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Approved by Contractor: V IT AND MPANY, INC. f Specified Contract Completion Date: June 14. 2004 $ 169,403.50 $ 0.00 $ 0.00 $ 169,403.50 $ 174,643.50 $ 0.00 $ 174,643.50 $ 0.00 $ 174,643.50 $ 165,911.33 $ 0.00 $ ..8_732.17 Approved by Owner: CITY -NE HO j Date: 3498820REQ4 Final.xis Total PART 1 - PET HOSPITAL POND: $125,212.00 Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date PART 1 - PET HOSPITAL POND: 1 MOBILIZATION LS 1 7700.00 1 $7,700.00 2 SILT FENCE, REGULAR LF 300 4.00 $0.00 3 EROSION CONTROL BLANKETS SY 1300 1.00 5423 $5,423.00 4 CLEAR AND GRUB TREE 11 350.00 14 $4,900.00 5 COMMON EXCAVATION (P) CY 11675 8.00 11675 $93,400.00 6 CLASS 111 RANDOM RIPRAP CY 8 150.00 8 $1,200.00 7 MNDOT SEED MIX 25A MODIFIED AC 0.25 7500.00 0.12 $900.00 8 MNDOT SEED MIX 30A MODIFIED AC 0.35 6200.00 0.52 $3,224.00 9 NORTHERN CATALPA EA 6 295.00 6 $1,770.00 10 BUR OAK, 1.5 CAL. B &B EA 5 395.00 5 $1,975.00 11 REDOSIER DOGWOOD, 2 GALLON EA 39 28.00 39 $1,092.00 12 SMOOTH SUMAC, 2 GALLON EA 9 28.00 38 $1,064.00 13 NANNYBERRY VIBURNUM, 2 GALLON EA 18 28.00 18 $504.00 14 BLUE FLAG IRIS, 4" CONTAINER EA 20 7.00 20 $140.00 15 ARROWHEAD, 4" CONTAINER EA 30 7.00 30 $210.00 16 SOFTSTEM BULRUSH, 4" CONTAINER EA 30 7.00 30 $210.00 17 ROCK CONSTRUCTION ENTRANCE LS 1 1500.00 1 $1,500.00 Total PART 1 - PET HOSPITAL POND: $125,212.00 PART 1 - PET HOSPITAL POND: - Bid Amount Total - $120,348.00 PART 2 - COLLISYS POND: 18 MOBILIZATION LS 1 5750.00 1 $5,750:00 19 CLEARING AND GRUBBING (FOR EXCAVATIONS) LS 1 3050.00 1 $3,050.00 20 COMMON EXCAVATION (P) CY 1305 7.50 1305 $9,787.50 21 CLASS III RANDOM RIPRAP CY 16 70.00 16 $1,120.00 22 MNDOT SEED MIX 25A MODIFIED AC 0.2 8200.00 0.12 $984.00 23 MNDOT SEED MIX 30A MODIFIED AC 0.15 9200.00 0.36 $3,312.00 24 REDOSIER DOGWOOD, 2 GALLON EA 58 28.00 58 $1,624.00 25 NANNYBERRY VIBURNUM, 2 GALLON EA 18 28.00 18 $504.00 Total PART 2 - COLLISYS POND: $26,131.50 PART 2 - COLLISYS POND: - Bid Amount Total - $24,855.50 PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 5300.00 1 $5,300.00 27 CHANNEL GRADING /FINAL SHAPING LF 1050 18.00 1000 $18,000.00 Total PART 3 - WETLAND CHANNEL: $23,300.00 PART 3 - WETLAND CHANNEL: - Bid Amount Total - $24,200.00 Total PART 1 - PET HOSPITAL POND: $125,212.00 Total PART 2 - COLLISYS POND: $26,131.50 Total PART 3 - WETLAND CHANNEL: $23,300.00 Total Work Completed To Date $174,643.50 3498820REWinal.xls PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE BRA FILE NO. 34 -98 -820 CONTRACTOR VEIT AND COMPANY, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY Ai„ Gam,,.,, T^ PavmPnt Retainaae Completed 1 01/02/2004 01/22/04 54,933.75 2,891.25 57,825.00 2 01/23/2004 02/26/04 85,982.13 7,416.63 148,332.51 3 02/27/2004 08/12/04 24,995.45 8,732.18 174,643.51 4 AND FINAL 1 08/13/2004 1 11/12/04 1 8,732.17 174,643.50 Material on Hand Total Payment to Date $174,643.50 Original Contract $169,403.50 Retaina e Pay No. 4 AND FINAL Change Orders Total Amount Earned $174,643.50 Revised Contract $169,403.50 3498820 REQ4 Final.xls VEIT & COMPANY, INC. 14000 Veit Place 763-428-2242 763-428-8348Fax Rogers, MN 55374 - H - TRANSMITTAL To: BONESTROO, ROSENE, ANDERLIK & ASSOC. 2335 WEST HIGHWAY 36 ST. PAUL, MN 56113 651-6364600 651-636-1311 FAX MR. VINCE VANDER TOP Date: 07/08/04 Reference: THE CITY OF NEW H( 9200 49TH AVE POND CITY PROJECT # 731 VEIT JOB # 03373 You will find: Attached [I under separate cover via the following items: Shop Dwgs 0 Plans 0 specifications 0 Purchase order [] contract 0 Letter/Memo n Prints ❑ samples E] Change order n Copies Date I No. lRev. Description 1 07/08/04 1 1 ICONSENT OF SURETY TO FINAL PAYMENT 1 07/08/04 1 1 fIC 4-14 These are transmitted as checked below: [] For approval 0 Reviewed as submitted n Resubmit _ copies for approval n For your use n Reviewed as noted n Submit copies for distribution As requested [] Returned for corrections ] Return corrected prints For review/comment n E] FOR BIDS DUE REMARK Trans. Copy To: File: Signed: Lots Hensel Project Coordinator []FAX U.S. MAIL OE-MAIL []COURIER r] FED EX ri CONSENT OF SURETY OWNER TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR ❑ AIA DOCUMENT G707 - ELECTRONIC FORMAT SURETY ❑ OTHER ❑ GEL) 17177 RESPECT 10 177 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE By USING AIA DOCUMENT2402. TO OWNER: City of New. Hope ARCHTECT'S PROJECT NO.: 4401 X_ylon Avenue New Hope MN 55428 (Name and address) PROJECT: 9200 49th Avenue Pond Improvements City Project #597, New Hope MN Bond No. 929314493 Final Contract Price: 174,643.50 CONTRACT FOR: Excavation, Erosion Control, Lanscaping, Etc. (Name and address) CONTRACT DATED: December 2, 2003 n accordance with the provisions o the Contract between the owner an t o ontractor as m tcate above, the (Insert name and address of Surety) Western Surety Companv, P.O. Box 5077, Sioux Falls, S 57117 ,SURETY, on bond of (Insert name and address of Contractor) Veit & Company, Inc., 14000 Veit Place, Rogers, MN 5 5374 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) City of New Hope, 4401 Xylon Avenue North, New Hope, M 55428 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: July 6, 2004 (Insert in writing the month followed by the numeric date and year.) Western Surety Company (Surety) — Attest: 1 /7 �� (Signature of auth rued representative) ✓ Kathryn A. Dircz Attorney-1 n -Fact (Seal): (Printed name and title) © 1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT G707 - CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit & company consent.aia -- 7/6/2004. AIA License Number 1008788, which expires on 8123/2004. Electronic Format G707-1994 1 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. State of South Dakota ss County of Minnehaha �-Er}oQS WESTERN SURETY COMPANY A w; p �`PORA j Paul :F $ruflat, Senior Vice President On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 54444b4h4h4444444h4404444 S J D. KRELL J J November 30, 2006 i EAS NOTARY PUBLIC E i aSOUTH DAKOTA(� +44ybb44b 444hhbb44444444 D. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 6th day of ,u 1 y , 9 004 RE.. WESTERN SURETY COMPANY N?;4 ;� i AYH L. Nelson, Assistant Secretary Form F4280 -01 -02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. Form Minnesota Department of Revenue I 89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company na a / Minnesota ID number Address Month /year work began y city( j State f �1 BV Zip Code Monthlyear work ended Total contract amount: / Telephone number, ! Amount still due. A Did you have employees work on this project? \ �" Project number: If none, explain who did the work: � Project location: J � �`(� � � �,�s. �, %- p Project owne Address Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: W Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own it ; -134 affidavi and have them certified by the Department of Revenue before you ran file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separate sheet.) Business name Address Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if 1 am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contra an Contra'ctorr' /� /� ' pignature y Title Date Fo(56rtification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wag paid to employees relating to contract services with the state of Minnesota and /or its subdivisions. 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J!neP!!le all puss lou oo 'MJOM all ll!m pegs!uw1 aie nod pun pesseooid eq louueo y£ 1 - 0I ell aly Oj uayM - MjOM jnod jol luawded leu!l 8Mew ue0 suo!S!nlpgns sp to due jo aleis all ajoleq peuinjoi pue pa!lpliao aq Jsnw 1!nep!4e sill •9nu9n98 to Juawlaedaa egos - auu!11y all ll!m bE 1-01 wjol el!l;Jsnw nod — ;}pulslp loops •elosauu!yy u! �jom olm saadoldwe anel jo `dl!o `dlunoo e se Ions — suo!s!n!pgns luawujano6 leool sp nod l! jagwnu QI xeJ elOSauu IN a anel Jsnw noA wjol all 10 due jo elosauu!1N jo ojels all jol loefoid e uo MMom p!p olm uo jagwnu uolleo!lpap! xel elosauu!lty inod u! II!1 Jsnw noA joloejluoogns a jo `ioloeiluoo a 'joloeiluoo ow!jd a aie nod lI aagwnu uo/jeo!juap xej'ejosauWpV Galy p/noys oyM ioE - 1 tu col suo'oa4sul POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, DonaldL Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. WESTERN SURETY COMPANY �tiWea P ; e yNj =4o 1�i 9s �rM DA�� PaulBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + s D. KRELL a November 30, 2006 i sE NOTARY PUBLIC sE t i .r SOUTH DAKOTAs +hYthh�abbh4ti4hN+ t Ila 7��4�J D. Krell, No Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this F th day of Ju 1 y 1 o. WESTERN SURETY COMPANY a Ni4 lR pa L. Nelson, Assistant Secretary Form F4280 -01-02 Authorizing By -Law This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CONSENT OF SURETY OWNER TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR F-1 AIA DOCUMENT G, - ELECT)? ONICFORMAT SURETY ❑ OTHER ❑ COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE BY USING AIA O U MENTDdo TO OWNER: City of New Hope 4401..X ylon Avenue New Hope MN 55428 ARCHTECT'S PROJECT NO.: (Name and address) PROJECT: 9200 49th Avenue Pond Improvemen City Project #597, New Hope MN (Name and address) Bond No. 929314493 Final Contract Price: 174,643.50 CONTRACT FOR: Excavation, Erosion Control, Lanscaping, Etc. CONTRACT DATED: December 2, 2003 In accordance with the provisions o t e ontract etween t o caner and the Contractor as indicated above, the (Insert name and address of Surety) Western Surety Company, P.O. Box 5077, Sioux Fall SD 57117 ,SURETY, on bond of (Insert name and address of Contractor) Veit & Company, Inc., 14000 Veit Place, Rogers, M 55374 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) _City of New Hope, 4401 Xylon Avenue North, New Hope, MN 55428 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: July 6, 2004 (Insert in writing the month followed by the numeric date and year.) Western Surety Com an (Surety) (Signature of auth rized representative) Attest KathirVn A. Dircz Attorney-in-Fact (kal): (Printed name and title) ©:1994 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT G707 - CONSENT OF SURETY TO FINAL PAYMENT - 1994 EDITION - AIA® - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: veit & company consent.aia -- 7/6/2004. AIA License Number 1008788, which expires on 8/2312004. Electronic format G707 - 1994 1 Form Minnesota Department of Revenue I 89 Withholding Affidavit for Contractors This affidavit must be approved by the Minnesota Department of Revenue before the State of Minnesota or any of its subdivisions can make final payment to contractors. Company na a Minnesota ID number Address 4 ' Month /year work began City �S State f Zip Code L f ;>, Month /year work ended Telephone number Did you have employees work on this project ?l' If none, explain who did the work: Total contract amount: �* Amount still due; w ✓.. ®. ?✓ Project number: Project location: - ' 14'("? A 6 / Pre; ct owner: (',� j Address r 16) 1 f , i, / ll2f r J:l 161 A Check the box that describes your involvement in the project and fill in all information requested in that category: ❑ Sole contractor ❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: Prime Contractor If you subcontracted out any work on this project, all of your subcontractors must file their own !C-134 affidavits and have them certified by the Department of Revenue before you ran file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separate sheet.) Business name Address Owner /Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I authorize the Department of Revenue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if I am a subcontractor, and to any subcontractors if I am a prime contractor, and to the contracting aaencv. For* cbrtification, mail to: Minnesota Department of Revenue, Business Trust Tax Section Mail Station 6610, St. Paul, MN 55146 -6610 Certificate of Compliance with Minnesota Income Tax Withholding Law Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with th state o f M and /or its subdivis Signature of authorized Department of Revenue official /� Date } d' ^ Instructions for form 1C-134' Who should file? If you area prime contractor, a contractor, or "a subcontractor who did work on a project for the stateof'Minnesota or any of its local government subdivisions — such as a county, city, or school distridt- you must file form IC -134 with the Minne- sota Department of Revenue. This affidavit must be certified and returned before the state or any of its subdivisions can make final payment for your work. When to file The IC -134 cannot be processed until you are finished with the work. Do not send the affidavit in for certification before the project is completed since it will only be returned to you unprocessed. If you are a subcontractor or sole contractor, file form !C-1 34 when you have corpleted your mart of the project. If you are a prime contractor, file form IC -134 when the entire project is completed and you have received certified affidavits from all of your subcontractors. Where to file Fill out form IC -134 and mail the original and one copy to: Minnesota Department of Revenue Business Trust Tax Section Mail Station 6610 St. Paul_ MN 55146 -6610 Now to file If you have fulfilled the requirements of the withholding tax laws of Minnesota, the Department of Revenue will sign your affidavit, keep the copy, and return the original to you. If any withholding payments are due to the state, Minne- sota law (M.S. 290.97) requires that payment must be made by only money order, cashiers check, certified check, or cash. Take the certified affidavit to your prime contractor or to the governmental unit for which the work was done in order to receive your fiiiai payment. Minnesota tax identification number You must fill in your Minnesota tax identification number on the form. You must have a Minnesota tax ID number if you have employees who work in Minnesota. If you need a number, get form MBA, Application for Tax Identification Number, and file it with the Minnesota Depart- ment of Revenue. To get form MBA, call 296 -3781 from the Twin Cities area or 1- 800 - 652 -9094 from elsewhere in Minnesota, or write to Minnesota Tax Forms, Mail Station 7131, St. Paul, MN 55146 -7131. You do not need a Minnesota identification number if you have no employees and did all the work yourself. If this is the case, fill in your Social Security number in the space for Minnesota ID number and explain who did the work. Are you a prime contractor and a subcon- tractor on the same project? If you are a subcontractor who was hired to do work on a project and you subcontract all or a part of your portion of the project to another contractor, you become a prime contractor as well. If this is the case, fill out both the subcontractor and prime contractor areas on a single form. Use of information The Department of Revenue needs all the information, except your phone number, to determine whether you have met all state income tax withholding requirements. If all required information is not provided, the IC -134 will be returned to you for completion. All information on this affidavit is guaranteed private by state law. It cannot be given to others without your permission, except to the Internal Revenue Service, other states that guarantee that it will be kept private, and certain state or county agencies. If you need help or additional information to fill out this form, call 296 -6181 in the Twin Cities area. From elsewhere in Minnesota and from outside the state, call (toll -free) 1 -800- 657 -3777. COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 12 -8 -03 Consent Item No. By: Kirk McDonald By: 6.10 RESOLUTION APPROVING METROPOLITAN ENVIRONMENTAL PARTNERSHIP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE, CONTRACT NO. SG -03 -122 (IMPROVEMENT PROJECT NO. 731) REQUESTED ACTION Staff requests that the City Council approve the attached resolution approving the Metropolitan Environmental Partnership Grant Agreement between the Metropolitan Council and the city of New Hope, Contract No. SG -03 -122. POLICY /PAST PRACTICE The City Council has approved similar grant agreements with the Metropolitan Council in the past. BACKGROUND Earlier this year, the city applied to the Metropolitan Council for a competitive grant application process for funding to assist with the construction of a storm water improvement pond on the city -owned property at 9200 49 Avenue. Shari Buss from Bonestroo & Associates, the city's consulting engineering firm, was instrumental in completing the application materials and deserves the credit for the application. The city was notified in correspondence from the Metropolitan Council dated October 23, 2003, that the Metro Environment Partnership Grant application for the water quality project at 9200 49 Avenue had been approved for funding in the amount of $90,000. On September 8, 2003, the Council approved plans and specifications for the regional pond and ordered advertisement for bids. On October 27, 2003, the Council considered bids and awarded the contract to Veit & Company, the lowest responsible bidder. Construction will start immediately after this agreement is approved. The majority of the funding for the pond project will be paid out of the Storm Water Utility Fund and this grant award will reduce the amount of city funding required for the project. Staff recommends approval of the resolution, which approves the grant agreement and the acceptance of the $90,000 in grant funds. ATTACHMENTS • Resolution • Metropolitan Council Correspondence • Grant Agreement MOTION BY �� '�?�i? 1�.' 1 ''Z -F��t _ SECOND BY TO: I:RFA \planning \impr projects \Q &R -9200 49 pond grant CITY OF NEW HOPE RESOLUTION NO. 03- 182 RESOLUTION APPROVING METROPOLITAN ENVIRONMENTAL PARTNERSHIP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE CONTRACT NO. SG -03 -122 (IMPROVEMENT PROJECT NO. 731) WHEREAS, the city has been informed that the 2003 Metro Environment Partnership Grant application for the New Hope Coordinated Water Quality Project at 9200 49 "' Avenue has been approved for funding in the amount of $90,000; and WHEREAS, the Metropolitan Council has submitted the attached Metropolitan Environmental Partnership Grant Agreement between the Metropolitan Council and the city of New Hope for approval (Contract No. SG -03 -122); and WHEREAS, the agreement contains an attached workplan, prepared by city consultants and staff for the ponding improvements at 9200 49 Avenue; and WHEREAS, the agreement contains standardized language contained in previous grant agreements approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the New Hope City Council that: 1. The Metropolitan Environmental Partnership Grant Agreement is hereby approved. 2. The mayor and city manager are hereby authorized to execute the grant agreement on behalf of the city. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, on this 8 day of December, 2003. c Mayor Attest: 4 City Clerk Me ci Building communities that work Environmental Services October 23, 2003 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: MetroEnvironment Partnership Grant Application Dear Mr. McDonald: It is my pleasure to inform you that your 2003 MetroEnvironment Partnership Grant application for the New Hope Coordinated Water Quality Project at 9200 49th Avenue has been approved for funding in the amount of $90,000. The Council received 23 grant applications, requesting a total of $2.5 million. There was approximately $1 million available for the 2003 grants. The next step in the process is to draft a grant agreement contract. In order to do this, I will need a detailed workplan and budget for the project. If you have any questions, please contact me at 651/602- 1104. Sincerely, C� Joe Mulcahy Grant Coordinator www.metrocouncil.org Metro Info Line 602 -1888 230 East Fifth Street • St. Paul, Minnesota 55101 -1626 • (651) 602 -1005 • Fax 602 -1138 TTY 291 -0904 An Equal Opportunity Employer 2003 MetroEnvironment Partnership Grant Application Legal Name of Project Sponsor City of New Hope Designated Project Representative Kirk McDonald, Community Development Director Mailing Address,' E -Mail Address, & Telephone Number of Project tSponsor City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 (612)531 -5100 (phone); (612)531 -5136 (fax) e -mail: kmcdonald a.ci.new -ho e.mn.us Project Title New Hope Coordinated Water Quality Project at 920049' Avenue Total Pro Cost $259,500 Grant Request Amount $ 90,000 Project Summary including information on water resource benefiting Include a short description of the project, goals, objectives, budget, and project timeline. Background. The City of New Hope is proposing this project to improve the water quality in the New Hope Athletic Fields Wetland, Plymouth and Bass Creeks, Shingle Creek and ultimately, the Mississippi River. The City proposes to create a new multicell water quality pond to treat runoff from New Hope and the City of Plymouth before it enters the Athletic Field Wetlands (DNR Protected Wetland 569W). At the same time, the City will work with commercial and residential landowners in the tributary area to improve land management practices and reduce nutrient runoff to the ponds and downstream waterbodies. The project will help to meet the Council's priority to minimize the movement of solids and chemical constituents from the landscape to rivers, streams, and lakes downstream from the site. The City and watershed area tributary to the ponds are fully developed. The property to be acquired for the project is the only area remaining to create ponds that will provide significant water quality improvement in this area. The City is also adding sediment traps in three other areas around the wetland to remove pollutants that enter from drainage areas to the east and west. The City has worked with a variety of partners to develop this project. The project is a priority project identified in the City's Surface Water Management Plan (1996) and has been approved by the Shingle Creek Watershed Management Commission. The wetland complex in the Athletic Fields has been identified as a High- Priority Wetland in the New Hope Wetland Inventory and Management Plan (1998), which also recommended the implementation of the proposed ponds to protect the quality of these wetlands. The City has worked with Tom Hovey, DNR Area Hydrologist, in designing the proposed pond. Independent School District 281, whose Cooper High School drains to the site, has committed to use of non - phosphorus based fertilizers on all grass areas, and the removal of all fertilizer deposited on hard surfaces as a part of the project. The City has received a DNR permit for the project. Proposed Proiect. The proposed project includes excavation of approximately 18,000 cubic yards of earth to create the multicell ponds and a berm to direct storm water to the pond system. (See attached plan.) The northern ponds will clean runoff from Plymouth, and the southern ponds will clean runoff from the surrounding commercial development. The disturbed areas will be planted with wetland plantings, native prairie seed, and native trees and shrubs. The project will remove approximately 8 pounds of phosphorus per year to benefit downstream water bodies. Education. In addition to these significant benefits, the City will use this project to expand the pilot water quality education efforts it began several years ago with city residents. Mayor Peter Enck (formerly chair of the Bassett Creek Watershed Commission) initiated a program to educate residents in the drainage area to Northwood and Meadow Lakes about water quality issues and actions that residents could take to improve the quality of local water bodies. The efforts included door -to -door distribution of informational materials, evening workshops for neighborhood residents each of the past two years (also rebroadcast on the local cable access channel), a volunteer planting of a native plants to create a demonstration shoreline buffer on Meadow Lake, and interpretive signs for park users. The high participation and success of these efforts has encouraged the City to propose similar strategies to educate commercial and residential property owners in the area around the proposed ponds, to maximize the benefits to be realized from the proposed project. Evaluation. The City will evaluate the success of the project in removing pollutants as follows: Staff will take grab samples timed with storm events at the inflow of the new ponds and at the outflow eight times between March 15 and October 15, beginning the spring after construction of the ponds is completed. Concentrations of pollutants, including phosphorus (solid and dissolved), total suspended solids, and total nitrogen, will be measured in the influent and effluent samples, and differences calculated, to determine the success of the ponds in removing key pollutants. Inflow volumes will closely approximate outflow volumes for these ponds, so differences in concentration should be an acceptable representation of removal effectiveness. Baseflows for each pond are negligible. Results of the monitoring will be reported to the Council and Watershed District. Project Goals 1. Reduce the movement of solids and chemical pollutants entering the DNR Protected Wetland in the 2. Athletic Fields and downstream water bodies by 8 at least Ibs / year. 3. Create water quality ponds planted with native wetland materials that compliment the adjacent High Quality wetlands and provide additional habitat benefits. 4. Implement a neighborhood water quality education program that helps to reduce nutrients and sediments in runoff to the ponds, to maximize the benefits of the pond project. 5. Monitor project outcomes to determine effectiveness of the ponds in reducing nonpoint source pollution. Objectives and Timeline Late 2003 — Early 2004 Resolve easement negotiations with adjacent landowners Complete final project design Spring- Summer, 2004 Construct ponds Complete plantings Implement neighborhood education program Spring 2005 -2008 Evaluation of pond effectiveness Project Budget Property acquisition $ 65,000 (100% complete) Easement Acquisition 10,000 Soil Borings 3,000 Pond Construction 133,100 Plantings 8,000 Engineering 30,400 (50% complete) Education program 5,000 Water quality monitoring 5,000 $259,500 The city is requesting $90,000 from the Metro Environment Partnership Grant Program to support the costs of project construction and the education program. The City will match this amount with $ 169,500 for property acquisition, and to support remaining construction and engineering costs. (Match percent to funding request is approximately 184 %). The City has presently spent approximately 50% of its match amount. The grant will support the efforts of the City of New Hope to improve water quality. (TWO PAGES MAXIMUM; LONGER APPLICATIONS WILL BE DISCARDED) 2 Metropolitan Council Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101 -1626 November 20, 2003 City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue N New Hope, MN 55428 Re: SG -03 -122 Enclosed are two copies of the above referenced grant agreement. Please have both copies signed by the authorized official and return them to me for execution. After execution, I will send you an original for your files. Sincerely, Pam Marks Accountant December 10, 2003 Ms. Pam Marks /\CCOUDtaOt Metropolitan Council K488nS Park Centre 23O East Fifth Street St. Paul, K8N 55101-1628 / Subject: SG-03-122 Dear Ms. Marks: Enclosed are two copies Of the above referenced grant agreement that have been signed by mayor OfNew Hope. Please have the appropriate Offi{ja) sign the dOCU[DeOtS and return one copy to the city for our files. Kirk McDonald Director Df Community Development Enclosure: Grant CC: Daniel J. Donahue, City Manager Valerie Leone, City Clerk (Improvement Project No. 731) 4401)hrkon Avenue North + New Hope, Minnesota 55428-4898^xnvvx City Hall: 763-53l'51O0°Police : 763-531-5170* Public Works: 763-592-6777+ID{]: 763-531`5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 Metropolitan Council Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101 -1626 December 22, 2003 City of New Hope Attn: Kirk McDonald 4401 Xylon Avenue N New Hope, MN 55428 Re: SG -03 -122 Enclosed is your original copy of the above referenced grant agreement. Sincerely, Pam Marks Accountant Contract No: SG-03 -122 METROPOLITAN ENVIRONMENTAL PARTNERSHiP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council ") and the City of New Hope (the "Grantee "), each acting by and through its duly authorized officers. WHEREAS, on November 12, 1998, the Council approved an Environmental Partnership Memorandum of Understanding which commits the Council to establish a program to provide financial assistance to reduce, control, and prevent nonpoint sources of pollution to metropolitan area iakes, rivers and streams, with a focus on the Mississippi, Saint Croix, and Minnesota Rivers; and WHEREAS, pursuant to this commitment, the Council has established the Metropolitan Environmental Partnership ( "MEP ") Grant Program which provides grants to implement and evaluate projects designed to address nonpoint source pollution problems or control measures; and WHEREAS, the Grantee has submitted an application for, and is eligible to receive, a MF,P Program Grant; and WHEREAS, the Council has reviewed Grantee's application and desires to assist the Grantee by the award of a MEP Program Grant. NOW, THEREFORE, the Council and the Grantee agree as follows: I. GRAN'T'EE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project Activities. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the Work Plan activities described in Exhibit A, which is attached to and incorporated in this agreement. The Grantee may engage contractors to perform Work Program activities with prior approval of the Council. However, the Grantee retains primary responsibility to the Council for performance of the grant project. 1.02 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. II. AUTHORIZED USE OF GRANT PROCEEDS AND MATCHING FUNDS 2.01 Authorized Uses. The Grantee is authorized to use the grant funds only in payment of the line item costs, with no greater than a ten percent (10 %) variance from the budgeted line item cost, as specified in Exhibit B which is attached to and incorporated in this agreement. No other use of grant funds is permitted. Grant and matching funds may be used only for costs directly associated with grant project activities or to prepare the Work Plan (Exhibit A). 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Reversion of Unexpended Funds. All funds granted by the Council under this agreement that have not been expended for grant activities taking place during the Project Activity Period shall revert to the Council. 2.04 Project Equipment and Supplies. Grant and matching funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the grant project. The Grantee will comply with the personal property management requirements described in paragraph 7.11 of this agreement. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Total Grant Amount. The Council shall pay to the Grantee a Total Grant Amount of 590,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Total Grant Amount of $90,000; or, b. seventy -five percent (75 %) of actual total grant project expenditures. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the grant project. 3.02 Grantee's Match. The Grantee has an obligation under this grant agreement to share in the costs of the project by providing at least a twenty -five percent (25 %) cash or in -kind match. Accordingly, the Grantee agrees to provide at least $30,000 in matching funds during the Project Activity Period. The Grantee agrees that there will be no reduction in the monetary amount of match unless there is at the same time a proportionate reduction in the Total Grant Amount. 3.03 Distribution of Grant Funds. Grant funds will be distributed by the Council as follows: Along with each quarterly report as provided in paragraph 5.0 1, Grantee shall submit a reimbursement request for all expenditures made during the quarter in accordance with the grant project. The reimbursement request must include a summary itemization of expenditures for which reimbursement is requested. Full documentation evidencing the expenditures, as described in paragraph 4.01, will be available for audit on the Grantee's premises upon request, in accordance with paragraph 4.03. b. Reimbursable expenditures include only: 1. Direct staff costs figured on the current hourly rates of pay for all personnel employed by the Grantee in providing services for the grant project for the hours actually worked and paid to the personnel; and an amount in compensation for such employees' fringe benefits attributable and allocable to such hours. 2. Costs for equipment, supplies, and subcontracted services used in the grant project. To the extent feasible, such equipment, supplies, and services must be obtained through competitive quotes, competitive bidding, or other competitive process that gives assurance that the costs incurred are reasonable. -2- C. Upon review and approval of the reimbursement request, the Council will distribute to the Grantee the approved reimbursement request amount. However, no payment will be made which would cause distribution of grant funds to exceed the limits in section 3.01. No payment will be made if the Grantee is not current in its reporting requirements under article V. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. IV. ACCOUNTING AND RECORD REQUIREMENTS 4.01 Documentation of Project Costs and Income. All costs charged to the grant project, whether paid with grant proceeds or charged as the Grantee's match, must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Accounts and Records. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the receipt and expenditure of all grant funds and the Grantee's Match required by this agreement, including all project documents, financial records, supporting documentation, and the property records required by paragraph 7.11. These project accounts and records shall be retained intact by the Grantee for at least six (6) years following the end of the Grant Period set forth in paragraph 6.02, below. Records relating to the installation, operation, and maintenance of best management practices must be maintained for at least three (3) years beyond the design or useful life whichever is longer. These requirements shall survive closeout of the grant agreement. 4.03 Audit. The Grantee agrees to keep and maintain books, records, documents, and other evidence pertinent to its performance under this agreement in accordance with generally accepted accounting principles and practices, consistently applied. Such books, records, documents and other evidence will be maintained until the latest of: a. Complete performance of this agreement; or b. Six (6) years following the Grant Period; or c. If any litigation, claim, or audit is commenced during said six (6) year period, when all such litigation, claims or audits have been resolved. During the time of such maintenance, authorized representatives of the Council (and the Legislative Auditor and/or State Auditor in accordance with Minn. Stat. 16C.05, subdivision 5) will have access to all such books, records, documents, accounting practices and procedures, and other evidence for the purpose of inspection, audit, and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection. These requirements shall survive closeout of the grant agreement. V. REPORTING AND MONITORING REQUIREMENTS 5.01 Quarterly Reports. Grantee shall submit quarterly reports to the Council for review and approval. Each quarterly report is due within thirty (30) days after the end of each calendar quarter. Each quarterly report shall include a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures. The Council may prescribe the format of such reports. -3- 5.02 Final Report. Upon completion of the project and not later than two (2) months after the end of the Project Activity Period, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the project and containing a final accounting of grant and matching expenditures. The final report must include a list of project personal property as required by paragraph 7.11. 5.03 Content of Reports. The Grantee agrees to report completely and to provide the Council with any additional or follow -up information as may be requested by Council staff. 5.04 Copies. The Grantee agrees to provide copies of the reports specified in paragraphs 5.01 and 5.02 to organizations and individuals upon request during the Grant Period. 5.05 Other Monitoring Activities. To assist the Council in monitoring compliance "with the grant agreement, the Grantee agrees to attend Grantee meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the grant project disseminated by the Grantee during the Grant Period. 5.06 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the Grantee's ability to perform the grant project in accordance with the terms of this agreement. VI. TIMING REQUIREMENTS 6.01 Project Activity Period. The Grantee agrees to complete the work program activities described in Exhibit A by no later than March 1, 2006 (the "Project Activity Period" end date). Grant funds may not be used by Grantee to reimburse costs for any project activities taking place before this agreement is effective or after the end of the Project Activity Period. However. grant funds may be used by Grantee to reimburse costs for Work Plan (Exhibit A) preparation activities which occurred after receipt by Grantee of written notice from the Council of the award of this grant but before the effective date of this agreement. 6.02 Grant Period. The Grant Period shall extend from the effective date of this agreement to a date three (3) months following the end of the Project Activity Period, to permit closeout of the grant agreement. VII. GENERAL CONDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7.02 Termination by Council. The Council may terminate this grant agreement at any time by providing Grantee written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for grant project activities in accordance with this grant agreement which were incurred prior to the effective date of the termination, not exceeding the Total Grant Amount. 7.03 Noncompliance by Grantee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Grantee and upon failure of the Grantee to cure the default within the seven -day period. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant fitnds. 7.04 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 7.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents. from and against all losses, damages, expenses, liability, claims, suits, or demands, including without limitation attorney's fees, arising out of, resulting from. or relating to the performance of the grant project by Grantee or Grantee's employees, agents, or subcontractors. 7.06 Public Data. The Grantee agrees that the results of the grant project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. 7.07 Equal Employment Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status. status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 7.O8 Acknowledgment. The Grantee shall appropriately acknowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 7.09 Compliance with Law. The Grantee agrees to conduct the grant project in compliance with all applicable provisions of federal, state, and local laws. The Grantee is responsible for obtaining and complying with all local and state permits, licenses, and authorizations necessary for the grant proj ect. 7.10 Council's Grant Manager. The Council's Grant Manager for purposes of administration of this agreement is Joe Mulcahy, or such other person as may be designated in writing by the Council's Regional Administrator. However, nothing in this agreement will be deemed to authorize the Grant Manager to execute amendments to this grant agreement on behalf of the Council. 7.11 Personal Property Management. Title to all personal property acquired with grant or matching funds shall remain with the Grantee during the Grant Period. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the personal property free and clear of any liens, encumbrances, or other claims. The Grantee must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by paragraph 5.02, the Grantee shall include a list of all personal property acquired with grant and matching funds which was not expended in performance of the grant project. At the end of the Grant Period, the Grantee agrees to transfer title to all personal property acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct -5- appropriate disposition of all personal property, acquired in whole or in part with grant funds, which has not been expended in performance of the grant project. During the Grant Period, the Grantee bears the risk of loss of, damage to, or destruction of any personal property acquired with grant or matching funds. No such loss, damage, or destruction shall relieve the Grantee of its obligations under this agreement. The Grantee agrees to maintain personal property acquired with grant or matching funds in good operating order. If, during the Project Activity Period, any project personal property is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, the Grantee shall immediately notify the Council's Grant Manager. Unless otherwise approved by the Council's Grant Manager, the Grantee shall remit to the Council a proportional amount of the fair market value of the item(s), if any, determined on the basis of the proportion of Council grant funds used to acquire the item(s). 7,12 Effect of Project Closeout. The Grantee agrees that project closeout does not invalidate continuing obligations imposed on the Grantee by this agreement. Project closeout does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final ex6cution by, and delivery to, both parties. GRANTEE city of Ne agp , Date 12/8/03 By _ ,�'`� s Name W. Pet Enck Date N Z 6 File Name: MEP — Large Grants Revision: 3/00 Title Mayor METROPOLITAN COUNCIL. By Keith Buttleman, Assistant General Manager Environmental Quality Assurance Department City of New Hope Coordinated Water Quality Project at 9200 -49 Avenue Work Plan for 2003 MEP Grant November 4, 2003 Work Program 1. DNR Permit Extension The City of New Hope received a permit from the DNR for this project in 2002. The time limit for the permit has expired, and the City has contacted the DNR regarding an extension. The plans for the project have not changed from those approved previously, and the City's discussions with Tom Hovey, Area Hydrologist, indicate that there should be no problem in extending the permit. Completion date: November, 2003 2. Pond Construction The City will construct a multicell water quality pond system on the proposed site. The total area of the ponds is approximately 1 acre. A wetland channel will be constructed to connect the ponds and provide additional water quality treatment to water leaving the ponds before it enters the DNR Protected Wetland. The ponds will be created by excavating approximately 13,000 cubic yards of soil, and grading and shaping the ponds and wetland channel, as shown in the project plans. (Project plans attached.) The excavation and shaping activities will occur during Winter, 2003 -4, when it will be easiest to use construction equipment on the soils with minimal impact to the wetland and its habitat. Tasks included in pond construction include design of the ponds and channel system, development of plans and cost estimates, project bidding, construction, construction inspection, and grant administration. Completion date: April, 2004 3. Pond Planting and Restoration The pond and areas disturbed by construction will be planted to improve the habitat provided by the large existing wetland and open space areas. Proposed plantings include several species of native trees, several species of shrubs, and several species of wetland plants, which will be planted along the edges of the new ponds. Plantings will also include two native grass and forb FEW seed mixes —one a prairie sedge meadow mix for areas adjacent to the ponds, and the other an upland prairie mix for the remaining disturbed areas of the site. Tasks include completion of final planting design, purchase and installation of plant materials, site inspection during planting, monitoring, and maintenance, to ensure success of the plantings. Completion date: Planting, May -June, 2004 Monitoring and maintenance, 2004 -2005 4. Water Quality Monitoring The City will complete water quality monitoring activities to determine the success of the ponds in removing sediments and common pollutants from storm water before it enters the adjacent wetlands. We will take grab samples during storm events at the inflow and outflow of the new ponds eight times between March 15 and October 15, 2005, after completion of pond construction and planting. The samples will be sent to a lab to measure concentrations of the following pollutants: solid and dissolved phosphorus, total suspended solids, and total nitrogen. We will calculate the differences between inflow and outflow, and summarize the findings regarding the success of the ponds in a report to the Metro Council and Watershed District. The report will be completed by the end of November, 2005. Completion date: November, 2005 5. Public Education The City will complete the following public education activities in the watershed area of the Athletic Field wetlands and new ponds: • Provide a workshop /information session for commercial property owners regarding the operation of the ponds and actions they can take on their properties to improve water quality in downstream waters • Provide a workshop for local residential property owners regarding storm water management in their area, the new ponds, and actions they can take on their own properties to improve water quality in their home watershed. • Provide classroom information to science classes at Cooper High School regarding local storm water management, the new ponds, and actions watershed residents can take to improve water quality. • Complete and install informational signs in the park area adjacent to the wetlands that describe the water quality functions of the ponds, the native plantings, and the roles that wetlands and native plantings play in water quality improvement. Completion date: November, 2005 W C ' City of New Hope Coordinated Water Quality Project at 9200 -49 Avenue Budget for 2003 MEP Grant November 4, 2003 Tasks Completed Through October, 2003 Task Date City Grant Property acquisition 2002 $ 65,000 Soil borings 2002 $ 3,000 Design /Engineering 2002 -3 $ 15,200 Tasks October, 2003 — December 2005 1. DNR Permit extension Nov., 2003 $ 500 2. Pond construction Winter, 2003 -4 $ 130,000 $72,000 Excavation 18,000 cu yd Grading /Shaping of multicell pond Create berm Engineering /Inspection /Grant Administration $ 21,800 $ 5,000 3. Pond planting and restoration Spring, 2004 $ 14,000 $ 4,000 Plant pond and disturbed areas with native wetland and upland seed, trees, and shrubs 4. Water quality monitoring Spring -fall, 2005 $ 5,000 Take grab samples with storm Report, 11/2005 Events, analyze, and complete report. 5. Public Education Signs -fall, 2004 $ 1,000 $ 4,000 Provide workshops, Workshops- spring, complete and install 2005 1 Informational signs at site. TOTALS $ 250,500 $ 90,000 PROJECT TOTAL $ 340,500 IM COUNCIL REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Public Works October 27, 2003 Development & Plannin Item No. By: Guy Johnson By: , 8.4 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR CONSTRUCTION OF THE 9200 — 49th AVENUE NORTH REGIONAL POND - IMPROVEMENT PROJECT NO. 731 REQUESTED ACTION Staff requests approval of a resolution ordering construction of and awarding the contract for the construction of the regional pond at 9200 - 49th Avenue North to the low and responsible bidder, Veit & Company, Inc., in the amount of $169,403.50. This is the total price for the regional pond ($120,348.00), the channel through the wetland ($24,200.00), and the sediment pond ($24,855.50). The engineer's estimate for the project was $304,000. BACKGROUND As the City Council is aware, with the development of the 9200 - 49th Avenue property, staff has recommended that the city proceed with the construction of a regional storm water pond at that site. The Council approved plans and authorized staff to advertise for bids on September 8, 2003. The city has acquired both temporary and permanent access easements for the construction and maintenance of the pond through the development, approval and land sale process. The improvement is made up of a new regional water quality pond and a sediment pond that are part of the city's 1996 Surface Water Management Plan, and a channel through the wetland,. The awarding of the sediment pond portion of the project is contingent on the participation of the Collisys company. Collisys is considering improvements to their property. A portion of the sediment pond cost would be the responsibility of the Collisys company if they decide to complete their water quality requirements for the pending improvements at this time. Bids were received from eleven firms with Veit & Company, Inc., the low bidder. FUNDING The city's construction cost for this project would be $144,548.00, plus $6,730.50 for its portion of the sediment pond if Collisys proceeds with the sediment pond. The Collisys cost would be $18,125.00 if sediment pond were constructed. Funding for the city's portion of this project would come from the Storm Water Fund. ATTACHMENTS The engineer's memorandum and the resolution ordering the project and awarding the contract are attached. MOTION BY (1fa SECOND BY , TO: zUL 0 3 —f.5 7 I:rfa \Pubworks \2003\731 Awarding Contract 10 -2I -03 RESOLUTION NO. 03 -157 RESOLUTION AWARDING A CONTRACT AND ORDERING CONSTRUCTION OF 9200-49 AVENUE NORTH REGIONAL POND IMPROVEMENT PROJECT NO. 731 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. This Council has heretofore considered and approved plans and specifications and ordered bids for construction of the 9200 - 49`' Avenue North Regional Pond identified as Improvement Project No. 731, (hereafter Project). This action and the City staff's bid advertisement action for the Project is hereby ratified and approved. Based on a consideration of these plans and specifications, presentations by the City staff and City Engineer on this project and this Council's own consideration for the need for this project, this Council does hereby determine to proceed with the making of said proposed improvement, and said improvement is hereby ordered. 2. That advertisement for bids for the construction of said improvement was published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on September 24, 2003 and in The Construction Bulletin on October 3 and October 10, 2003. 3. That bids for the construction of the 9200 - 49`' Avenue North Regional Pond Improvement No. 731 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on October 16, 2003 as heretofore authorized by this Council. 4. It is hereby found and determined by this Council that the bid of Veit & Company, Inc. for the construction of said project in the amount of $169,403.50 is the lowest responsible bid submitted for the construction of said improvement; that said bid includes $24,835.50 for construction of a sediment pond, $24,200.00 for a channel through the wetland and $120,348.00 for construction of the regional pond; that Bonestroo, Rosene, Anderlik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 5. It is further found and determined $18,125.00 of the cost to construct the sediment pond should be paid by the Collisys Company. In the event an agreement cannot be reached with the Collisys Company for this payment, the construction of the sediment pond will be deleted from the contract. -1- 6. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with Veit & Company, Inc., subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this 27`' day of October, 2003. W. Peter Erick, Mayor Attest: L7 Valerie Leone, City Clerk P: \Attorney \Cnh Resolutions \CNH.10030 - 011 -Reso Award Contr and Ordering Construction (Project'731).doc —2— Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 -4898 Re: 9200 49th Avenue Pond Improvements Project City Project No. 597 File No. 34 -98 -820 Recommendation of Contract Award Bids were opened for the Project stated above on Thursday, October 16, 2003, at 1:30 P.M. Transmitted herewith are ten (10) copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of eleven (11) Bids. The following summarizes the results of the Bids received: Bonestroo, Rosene, Anderlik and Associates, Inc. is an Affirmative Action /Equal Opportunity Employer Bones troo B o pq ieS roo and Employee Owned (� „Q Rosene Jerry Principals: Otto G. Bonestroo, PE. • Marvin L. Sorvala, P.E. • Glenn R. Cook, BE. • Robert G. Schunicht, P.E. #2 A. Bourdon, P.E. • Mark A. Hanson, P.E. A nderlik O[ f Senior Consultants: Robert W. Rosene, P.E. • Joseph C. Anderlik, P.E. • Richard E. Turner, PE. • Susan M. Eberlin, CPA. Eureka Construction, Inc. Associate Principals: Keith A. Gordon, PE. • Robert R. Pfefferle, P.E. • Richard W. Foster, P.E. • David O. Loskota, PE. A ssociates Michael T. Rautmann, PE. • Ted K. Field, P.E. • Kenneth P Anderson, PE. • Mark R. Rolfs, P.E. • David A. Bonestroo, M.B.A. $190,491.84 Sidney P Williamson, PE., L.S. • Agnes M. Ring, M.B.A. • Allan Rick Schmidt, RE, • Thomas W. Peterson, RE. Eng ineers &Architects James R. Maland, P.E. • Miles B. Jensen, P.E. • L Phillip Gravel III, P.E. • Daniel J. Edgerton, P.E. • Ismael Martinez, P.E. 9 Thomas A. Syfko, PE. • Sheldon J. Johnson • Dale A. Grove, P.E. • Thomas A. Roushar, PE. • Robert J. Devery, PE. $206,601.00 Offices: St. Paul, St. Cloud, Rochester and Willmar, MN • Milwaukee, WI • Chicago, IL October 17, 2003 Website: wwev.bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 -4898 Re: 9200 49th Avenue Pond Improvements Project City Project No. 597 File No. 34 -98 -820 Recommendation of Contract Award Bids were opened for the Project stated above on Thursday, October 16, 2003, at 1:30 P.M. Transmitted herewith are ten (10) copies of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of eleven (11) Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Veit & Company, Inc. with a Base Bid of $169,403.50. This compares favorably to the Engineer's Estimate of $305,000.00. These Bids have been reviewed and found to be in. order. The bid was separated into three parts: Part #1 — Pet Hospital Pond — This is the primary part of the project including the water quality pond at 9200 49"' Avenue identified in the Surface Water Management Plan. Part #2 — Collisys Pond -- This is a sediment pond adjacent to the Collisys Property at 4990 T.H. 169 Service Road. This pond is identified in the City's Surface Water Management Plan. This pond will provide a regional water quality benefit, as well as, address the water quality needs of the Collisys property. Collisys is currently planning future improvements to the eastern portion of their lot, which abuts the pond and wetland. 2335 West Highway 36 ■ St. Paul, MN 55113 a 651-636-4600 a Fax: 651-636-1311 Contractor Bid Amount Low Veit & Company, Inc. $169,403.50 #2 F. F. Jedlicki, Inc. $179,106.00 #3 Eureka Construction, Inc. $183,905.00 #4 Jay Bros., Inc. $190,491.84 #5 Arnt Construction Co., Inc. $195,644.00 #6 Sunram Construction, Inc. $206,601.00 #7 Doboszenski & Sons, Inc. $219,543.50 #8 Kevitt Excavating $241,822.00 Engineer's Estimate $305,000.00 #9 Visser Scraper Service, LLC $362,867.50 #10 VP Enterprises of MN, Inc. $572,935.00 #11 S.R. Weidema, Inc. $769,900.00 The low Bidder on the Project was Veit & Company, Inc. with a Base Bid of $169,403.50. This compares favorably to the Engineer's Estimate of $305,000.00. These Bids have been reviewed and found to be in. order. The bid was separated into three parts: Part #1 — Pet Hospital Pond — This is the primary part of the project including the water quality pond at 9200 49"' Avenue identified in the Surface Water Management Plan. Part #2 — Collisys Pond -- This is a sediment pond adjacent to the Collisys Property at 4990 T.H. 169 Service Road. This pond is identified in the City's Surface Water Management Plan. This pond will provide a regional water quality benefit, as well as, address the water quality needs of the Collisys property. Collisys is currently planning future improvements to the eastern portion of their lot, which abuts the pond and wetland. 2335 West Highway 36 ■ St. Paul, MN 55113 a 651-636-4600 a Fax: 651-636-1311 Part #3 — Wetland Channel — This channel will enable water from 49"' Avenue and adjacent properties to flow to and from the proposed ponds. The low bid is summarized as follows: Part # Description Bid Amount #1 Pet Hospital Pond $120,348.00 #2 Collisys Pond $ 24,855.50 #3 Wetland Channel $ 24,200.00 Veit & Company Bid $169,403.50 City staff is currently reviewing the Collisys Pond improvement with the property owner. Past conversations have indicated that the property owner will participate in the expense of the pond construction with the understanding that future water quality requirements for the property would be satisfied. If Collisys does not participate in the construction cost, Part #2 could be deleted from the project award. We will continue to review this option with Veit and Collisys. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. The low bid and the number of bids indicates the competitive nature of the bid. If the City Council wishes to award the Project to the low Bidder, then Veit & Company, Inc. should be awarded the Project on the Base Bid Amount of $169,403.50. Veit is currently completing similar excavation work as part of the Navarre project at 7550 49"' Avenue. Should you have any questions, please feel free to contact me at (651) 60444790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures Bonestroo Rosene Anderlik & Associates Engineers & Architects BID TABULATION Project Name: 9200 49th Avenue Pond Improvements I hereby certify that this is an exact City Project No.: 597 Bidder No. 1 Bid Opening: Thursday, October 16, 2003, at 1:30 P.M. Owner: City of New Hope Vincent T. Vander T , P. E, Registration No. 25770 Item PART 2 - COLLISYS POND: Unit P rice Total Num Item Units Qty 19 PART i - PET HOSPITAL POND: $5,000.00 $5,000.00 1 MOBILIZATION LS 1' 2 SILT FENCE, REGULAR LF 300 3 EROSION CONTROL BLANKETS SY 1300'' 4 CLEAR AND GRUB TREE 11'' 5 COMMON EXCAVATION (P) CY 11675 6 CLASS III RANDOM RIPRAP CY 8 7 MNDOT SEED MIX 25A MODIFIED AC 0.25 8 MNDOT SEED MIX 30A MODIFIED AC 0.35 9 NORTHERN CATALPA EA 6 10 BUR OAK 1.5" CAL. B &B EA 5 11 REDOSIER DOGWOOD, 2 GALLON EA 39 12 SMOOTH SUMAC, 2 GALLON EA 9 13 NANNYBERRY VIBURNUM, 2 GALLON EA 18 14 BLUE FLAG IRIS, 4" CONTAINER EA 20 15 ARROWHEAD, 4" CONTAINER EA 30 16 SOFTSTEM BULRUSH, 4" CONTAINER EA 30 17 ROCK CONSTRUCTION ENTRANCE LS 1 $395.00 TOTAL PART 1 - PET HOSPITAL POND $275.00 $1,375.00 PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 27 CHANNEL GRADING /FINAL SHAPING LF 1050 TOTAL PART 3 - WETLAND CHANNEL Veit & Company, Inc. File No.: 34 -98 -820 reproduction of bids received. Bidder No. 2 F. F. Jediicki, Inc. Bidder No. 3 Eureka Construction, Inc. Bidder No. 4 Jay Bros., Inc. Unit Price PART 2 - COLLISYS POND: Unit P rice Total 18 MOBILIZATION LS 1 19 CLEARING AND GRUBBING (FOR $5,000.00 $5,000.00 $30,000.00 EXCAVATIONS) LS 1 20 COMMON EXCAVATION (P) CY 1305 21 CLASS III RANDOM RIPRAP CY 16 22 MNDOT SEED MIX 25A MODIFIED AC 0.2 23 MNDOT SEED MIX 30A MODIFIED AC 0.15 24 REDOSIER DOGWOOD, 2 GALLON EA 58 25 NANNYBERRY VIBURNUM, 2 GALLON EA 18 $8.00 TOTAL PART 2 - COLLISYS POND $9.00 $105,075.00 PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 27 CHANNEL GRADING /FINAL SHAPING LF 1050 TOTAL PART 3 - WETLAND CHANNEL Veit & Company, Inc. File No.: 34 -98 -820 reproduction of bids received. Bidder No. 2 F. F. Jediicki, Inc. Bidder No. 3 Eureka Construction, Inc. Bidder No. 4 Jay Bros., Inc. Unit Price Total Unit P rice Total Unit Price Total Unit Price Total $7,700.00 $7,700.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $8,000.00 $8;000.00 $4.00 $1,200.00 $2.25 $675.00 $2.00 $600.00 $4.40 $1,320.00 $1.00 $1,300.00 $2.40 $3,120.00 $1.25 $1,625.00 $1.20 $1,560.00 $350.00 $3,850.00 $300.00 $3,300.00 $250.00 $2,750.00 $300.00 $3,300.00 $8.00 $93,400.00 $9.00 $105,075.00 $8.00 $93,400.00 $7.80 $91,065.00 $150.00 $1,200.00 $90.00 $720.00 $50.00 $400.00 $70.00 $560.00 $7,500.00 $1,875.00 $4,000.00 $1,000.00 $2,400.00 $600.00 $7,875.00 $1,968.75 $6,200.00 $2,170.00 $4,000.00 $1,400.00 $2,100.00 $735.00 $6,510.10 $2,278.54 $295.00 $1,770.00 $275.00 $1,650.00 $100.00 $600.00 $309.75 $1,858.50 $395.00 $1,975.00 $275.00 $1,375.00 $275.00 $1,375.00 $414.75 $2,073.75 $28.00 $1,092.00 $33.00 $1,287.00 $55.00 $2,145.00 $28.80 $1,123.20 $28.00 $252.00 $33.00 $297.00 $85.00 $765.00 $28.80 $259.20 $28.00 $504.00 $3100 $594.00 $55.00 $990.00 $28.50 $513.00 $7.00 $140.00 $15.00 $300.00 $35.00 $700.00 $7.35 $147.00 $7.00 $210.00 $15.00 $450.00 $35.00 $1,050.00 $7.35 $220.50 $7.00 $210.00 $15.00 $450.00 $35.00 $1,050.00 $735 $220.50 $1,500.00 $1,500.00 $300.00 $300.00 $500.00 $500.00 $2,000.10 $2,000.10 $120,348.00 $126,993.00 $139,285.00 $118,468.04 $5,750.00 $5,750.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $6,000.00 $6;000.00 $3,050.00 $3,050.00 $8,500.00 $8,500:00 $5,000.00 $5,000.00 $5,200.00 $5,200.00 $7.50 $9,787.50 $115.00 $19,575.00 $8.00 $10,440.00 $7.80 $10,179.00 $70.00 $1,120.00 $80.00 $1,280.00 $50.00 $800.00 $70.00 $1,120.00 $8,200.00 $1,640.00 $5,000.00 $1,000.00 $3,000.00 $600.00 $8,610.00 $1,722.00 $9,200.00 $1,380.00 $5,000.00 $750.00 $4,000.00 $600.00 $9,660.00 $1,449.00 $28.00 $1,624.00 $33.00 $1,914.00 $55.00 $3,190.00 $28.80 $1,670.40 $28.00 $504.00 $33.00 $594.00 $55.00 $990.00 $28.80 $518.40 $24,855.50 $34,613.00 $22,620.00 $27,858.80 $5,300.00 $5,300.00 $700.00 $700.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $18,00 $18,900.00 $'16.00 $16,800.00 $20.00 $21,000.001 $37.30 $39,165.00 $24,200.00 $17,500.00 $22,000.00 $44,165.00 3498820BT.xis BT_1 BID TABULATION Bidder No. 1 Veit & Company, Inc. Bidder No. 2 F. F. Jedlicki, Inc. Bidder No. 3 Eureka Construction, Inc. Bidder No. 4 Jay Bros., Inc. Item Num Item Units Oty Unit Price Total Unit P rice Total Unit Price Total Unit Price Total BASE BID: TOTAL PART 1 - PET HOSPITAL POND $120,348.00 $126,993.00 $139,285.00 $118,468.04 TOTAL PART 2 - COLLISYS POND $24,855.50 $34,613.00 $22,620.00 $27,858.80 TOTAL PART 3 - WETLAND CHANNEL $24,200.00 $17,500. $22,000.00 $44,165.00 TOTAL BASE BID $169,403.50 $179,106.00 $183,905.00 $190,491.84 Contractor Name and Address: Veit & Company, Inc. F. F. Jedlicki, Inc. Eureka Construction, Inc. Jay Bros., Inc. 14000 Veit Place 14203 W. 62nd St. 24485 Cedar Ave. P.Q. Box 700 Rogers, MN 55374 Eden Prairie, MN 55346 Farmington, MN 55024 Forest Lake, MN 55025 Phone: (763) 428 -2242 (952) 934 -7272 (952) 469 -5685 (651) 464 -6400 Fax (763) 428 -8348 (952) 934 -7273 (952) 469 -5228 (651) 464 -1704 Signed By: Jerry Rachel Frank Jedlicki Alan Ames Michael J. Jay Title: President President President CEO Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: One and Two One and Two One and Two One and Two 3498820BT.xis BT -2 Bonestroo Rosene Anderlik & Associates Engineers & Architects BID TABULATION Item Project Name: 9200 49th Avenue Pont City Project No.: 597 Bid Opening: Thursday, October 16, 2 Item Units C PART 1 - PET HOSPITAL POND: 1 MOBILIZATION 2 SILT FENCE, REGULAR 3 EROSION CONTROL BLANKETS 4 CLEAR AND GRUB 5 COMMON EXCAVATION (P) 6 CLASS III RANDOM RIPRAP 7 MNDOT SEED MIX 25A MODIFIED 8 MNDOT SEED MIX 30A MODIFIED 9 NORTHERN CATALPA 10 BUR OAK, 1.5" CAL. B &B 11 REDOSIER DOGWOOD, 2 GALLON 12 SMOOTH SUMAC, 2 GALLON 13 NANNYBERRY VIBURNUM, 2 GALLON 14 BLUE FLAG IRIS, 4" CONTAINER 15 ARROWHEAD, 4" CONTAINER 16 SOFTSTEM BULRUSH, 4" CONTAINER 17 ROCK CONSTRUCTION ENTRANCE. TOTAL PART 1 - PET HOSPITAL POND LS LF SY TREE CY CY AC AC EA EA EA EA EA EA EA EA LS E 1300' 11 11675 8 0,25 0.35 6 5 39 9 18 20 30 30 1 3498820BT.xis Bidder No. 5 Bidder No. 6 Bidder No. 7 Arnt Construction Co., Inc. Sunram Construction, Inc. Doboszenski & Sons, Inc. nit Price $2,800.00 $2.00 $1.60 $650.00 $8.22 $100.00 $4,200.00 $4,200.00 $270.00 $286.00 $50.00 $48.00 $52.00 $10.00 $10.00 $10.00 $1,400.00 $7,150.00 95,968.50 $800.00 $1,050.00 $1,470.00 $1,620.00 $1,430.00 $1,950.00 $432.00 $936.00 $200.00 $300.00 $300.00 Unit Price Total I Unit Price $2,000.00 $1.85 $2.00 $350.00 $11.00 $150.00 $4,000.00 $4,000.00 $240.00 $240.00 $31.00 $31.00 $31.00 $13.00 $13.00 $13.00 $2,000.00 $2,600.00 $2,600.00 $1,200.00 $10,000.00 $10,000.00 $2,000.00 $1150 PART 2 - COLLISYS POND: $13.50 $100.00 18 MOBILIZATION LS 1 19 CLEARING AND GRUBBING (FOR $630.00 $1,950.00 $50.00 EXCAVATIONS) LS 1 20 COMMON EXCAVATION (P) CY 1305 21 CLASS III RANDOM RIPRAP CY 16 22 MNDOT SEED MIX 25A MODIFIED AC 0.2 23 MNDOT SEED MIX 30A MODIFIED AC 0.15 24 REDOSIER DOGWOOD, 2 GALLON EA 58 25 NANNYBERRY VIBURNUM, 2 GALLON EA 18 TOTAL PART 2 - COLLISYS POND PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 27 CHANNEL GRADING /FINAL SHAPING LF 1050 TOTAL PART 3 - WETLAND CHANNEL 3498820BT.xis Bidder No. 5 Bidder No. 6 Bidder No. 7 Arnt Construction Co., Inc. Sunram Construction, Inc. Doboszenski & Sons, Inc. nit Price $2,800.00 $2.00 $1.60 $650.00 $8.22 $100.00 $4,200.00 $4,200.00 $270.00 $286.00 $50.00 $48.00 $52.00 $10.00 $10.00 $10.00 $1,400.00 $7,150.00 95,968.50 $800.00 $1,050.00 $1,470.00 $1,620.00 $1,430.00 $1,950.00 $432.00 $936.00 $200.00 $300.00 $300.00 Unit Price Total I Unit Price $2,000.00 $1.85 $2.00 $350.00 $11.00 $150.00 $4,000.00 $4,000.00 $240.00 $240.00 $31.00 $31.00 $31.00 $13.00 $13.00 $13.00 $2,000.00 $2,600.00 $2,600.00 $1,200.00 $10,000.00 $10,000.00 $2,000.00 $1150 $17,617.50 $13.50 $100.00 $1,600.00 $100.00 $4,200.00 $840.00 $1,900.00 $4,200.00 $630.00 $1,950.00 $50.00 $2,900.00 $30.00 $52.00 $936.00 $30.00 $37,123.50 $1,200.00 $1,200.00 $1,500.00 $35.08 $36,834.00 $29.50 $38,034.00 BT -3 $2,000.00 $12,000.00 $555.00 $3.68 $2,600.00 $2.36 $3,850.00 $350.00 $128,425.00 $10.80 $1,200.00 $80.00 $1,000.00 $1,900.00 $1,400.00 $2,000.00 $1,440.00 $237.00 $1,200.00 $237.00 $1,209.00 $31.00 $279.00 $31.00 $558.00 $31.00 $260.00 $13.00 $390.00 $13.00 $390.00 $13.00 $2,000. $1,300.00 $148,756.00 $1,200.00 $2,000.00 $17,617.50 $1,600.00 $380.00 $292.50 $1,740.00 $1 $12,C $1,1 $126,090.00 $640.00 $475.00 $700.00 $1,422.00 $1,185.00 $1,209.00 $279.00 $558.00 $260.00 $390.00 $390.00 $1,300.00 $154,920.00 $3,500.00 $5,495.00 $12.50 $80.00 $1,900.00 $2,000.00 $31.00 $31.00 $16,312.50 $1,280.00 $380.00 $300.00 $1,798.00 $3,500.00 $30.00 $3,500.00 ,31,500.00 35.000.00 BID TABULATION Item Item Units t$ASt bIU: TOTAL PART 1 - PET HOSPITAL POND TOTAL PART 2 - COLLISYS POND TOTAL PART 3 - WETLAND CHANNEL TOTAL BASE BID Bidder No. 5 Bidder No. 6 Bidder No. 7 Arnt Construction Co., Inc. Sunram Construction, Inc. Doboszenski & Sons, Inc. Unit Price Tota Unit P rice Total Un it Price Total $120,486.50 $148,756.00 $154,920.00 $37,123.50 $25,370.00 $29,623.50 $38,034.00 $32,475,00 $35,000.00 $195,644.001 $206,601.001 $219,543.50 Contractor Name and Address: Arnt Construction Co., Inc. P.O. Box 543 Hugo, MN 55038 Phone: (651) 426 -1296 Fax(651)426 -3760 Signed By: Nicholas J. Arnt Title: Vice President Bid Security: Bid Bond Addenda Acknowledged: One and Two rare Construction, Inc. 10 75th Ave N. -oran MN 55340 3) 420 -2140 3) 494 -3951 W. Sunram >ident Bond and Two Doboszenski & Sons, Inc. 6450 Pioneer Trail Loretto, MN 55357 (763) 478 -6945 (763) 478 -3186 President Bid Bond One and Two 3498820BT.xls BT -4 Sonestroo Rosene Anderlik & Associates Engineers & Architects BID TABULATION Project Name: 9200 49th Avenue Pont City Project No.: 597 Bid Opening: Thursday, October 16, 2 Item PART 2 - COLLISYS POND: Unit Price Total Num Item Units Qty 19 PART 1 - PET HOSPITAL POND: $15,000.00 $15,000.00 1 MOBILIZATION LS 1 2 SILT FENCE, REGULAR LF 300 3 EROSION CONTROL BLANKETS SY 1300 4 CLEAR AND GRUB TREE 11 5 COMMON EXCAVATION (P) CY 11675 6 CLASS III RANDOM RIPRAP CY 8 7 MNDOT SEED MIX 25A MODIFIED AC 0.25 8 MNDOT SEED MIX 30A MODIFIED AC 0.35 9 NORTHERN CATALPA EA 6 10 BUR OAK, 1.5" CAL. B &B EA 5 11 REDOSIER DOGWOOD, 2 GALLON EA 39 12 SMOOTH SUMAC, 2 GALLON EA 9 13 NANNYBERRY VIBURNUM, 2 GALLON EA 18 14 BLUE FLAG IRIS, 4" CONTAINER EA 20 15 ARROWHEAD, 4" CONTAINER EA 30 16 SOFTSTEM BULRUSH, 4" CONTAINER EA 30 17 ROCK CONSTRUCTION ENTRANCE LS 1 $550.00 TOTAL PART 1 - PET HOSPITAL POND $450.00 $2,250.00 PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 27 CHANNEL GRADING /FINAL SHAPING LF 1050 TOTAL PART 3 - WETLAND CHANNEL Bidder No. 8 Kevitt Excavating, Inc. Bidder No. 9 Visser Scraper Service, LLC Bidder No. 10 VP Enterprises of MN, Inc. Bidder No. 11 S.R. Weidema, Inc. Unit Price PART 2 - COLLISYS POND: Unit Price Total 18 MOBILIZATION LS 1 19 CLEARING AND GRUBBING (FOR $15,000.00 $15,000.00 $25,000.00 EXCAVATIONS) LS 1 20 COMMON EXCAVATION (P) CY 1305 21 CLASS III RANDOM RIPRAP CY 16 22 MNDOT SEED MIX 25A MODIFIED AC 0.2 23 MNDOT SEED MIX 30A MODIFIED AC 0.15 24 REDOSIER DOGWOOD, 2 GALLON EA 58 25 NANNYBERRY VIBURNUM, 2 GALLON EA 18 $12.45 TOTAL PART 2 - COLLISYS POND $16.80 $196,140.00 PART 3 - WETLAND CHANNEL: 26 MOBILIZATION LS 1 27 CHANNEL GRADING /FINAL SHAPING LF 1050 TOTAL PART 3 - WETLAND CHANNEL Bidder No. 8 Kevitt Excavating, Inc. Bidder No. 9 Visser Scraper Service, LLC Bidder No. 10 VP Enterprises of MN, Inc. Bidder No. 11 S.R. Weidema, Inc. Unit Price Total Unit Price Total Unit Price Total Unit Price Total $15,000.00 $15,000.00 $15,000.00 $15,000.00 $25,000.00 $25,000.00 $8,250.00 $8,250.00 $3.20 $960.00 $4.50 $1,350.00 $5.00 $1,500.00 $6.00 $1,800.00 $1.90 $2,470.00 $1.80 $2,340.00 $4.00 $5,200.00 $2.00 $2,600.00 $250.00 $2,750.00 $400.00 $4,400.00 $200.00 $2,200.00 $700.00 $7,700.00 $12.45 $145,353.75 $16.80 $196,140.00 $30.00 $350,250.00 $17.00 $198,475.00 $68.00 $544.00 $100.00 $800.00 $100.00 $800.00 $120.00 $960.00 $5,000.00 $1,250.00 $8,000.00 $2,000.00 $16,000.00 $4,000.00 $9,000.00 $2,250.00 $5,200.00 $1,820.00 $7,000.00 $2,450.00 $16,000.00 $5,600.00 $10,000.00 $3,500.00 $425.00 $2,550.00 $330.00 $1,980.00 $400.00 $2,400.00 $400.00 $2,400.00 $550.00 $2,750.00 $450.00 $2,250.00 $200.00 $1,000.00 $450.00 $2,250.00 $37.00 $1,443.00 $45.00 $1,755.00 $50.00 $1,950.00 $35.00 $1,365.00 $37.00 $333.00 $32.50 $292.50 $50.00 $450.00 $35.00 $315.00 $37.00 $666.00 $32.50 $585.00 $50.00 $900.00 $35.00 $630.00 $14.00 $280.00 $10.00 $200.00 $60.00 $1,200.00 $12.00 $240.00 $13.00 $390.00 $10.00 $300.00 $60.00 $1,800.00 $12.00 $360.00 $13.00 $390.00 $10.00 $300.00 $60.00 $1,800.00 $12.00 $360.00 $2,500.00 $2,500.00 $1,500.00 $1,50 0.00 $2,000.00 $2,000.00 $5,500.00 $5,500.00 $181,449.75 $233,642.50 $408,050.00 $238,955.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $5,500.00 $5,500.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $11,000.00 $11,000.00 $12.45 $16,247.25 $23.80 $31,059.00 $25.00 $32,625.00 $33.00 $43,065.00 $68.00 $1,088.00 $80.00 $1,280.00 $100.00 $1,600.00 $120.00 $1,920.00 $5,150.00 $1,030.00 $9,000.00 $1,800.00 $16,000.00 $3,200.00 $9,000.00 $1,800.00 $5,560.00 $834.00 $10,000.00 $1,500.00 $16,000.00 $2,400.00 $10,000.00 $1,500.00 $37.00 $2,146.00 $31.00 $1,798.00 $60.00 $3,480.00 $35.00 $2,030.00 $39.00 $702.00 $31.00 $558.00 $60.00 $1,080.00 $35.00 $630.00 $26,047.25 $47,995.00 $51,885.00 $67,445.00 $1,250.00 $1,250.00 $5,000.00 $5,000.00 $8,000.00 $8,000.00 $33,000.00 $33,000.00 $31.50 $33,075,00 $72.60 $76,230.00 $100.00 $105,000.00 $410.00 $430,500.00 $34,325.00 $$1,230.00 $113,000.00 $463,500.00 3498820BT.xis BT -5 Bidder No. 8 BID TABULATION Kevitt Excavating, Inc. Bidder No. 9 Visser Scraper Service, LLC Bidder No. 10 VP Enterprises of MN, Inc. Bidder No. 11 S.R. Weidema, Inc. Item Num Item Units Oty Unit Price Total Unit Price Total Unit Price Total Unit Price Total BASE BID: TOTAL PART 1 - PET HOSPITAL POND $181,449.75 $233,642.50 $408,050.00 $238,955.00 TOTAL PART 2 - COLLISYS POND $26,047.25 $47,995.00 $51,885.00 $67,445.00 TOTAL PART 3 - WETLAND CHANNEL $34,325.00 $81,230.00 $113,000.00 $463,500.00 TOTAL BASE BID $241,822.00 $362,867.50 $572,935.00 $769,900.00 Contractor Name and Address: Kevitt Excavating, Inc. Visser Scraper Service, LLC VP Enterprises of MN, Inc. S.R. Weidema, Inc. 3335 Pennsylvania Ave. No. 1332 Cable St. P.O. Box 15 17600 - 113th Ave. N. Crystal, MN 55427 Ogilvie, MN 56358 Wayzata MN 55391 Maple Grove, MN 55369 Phone: 763- 545 -3557 (320) 272 -0006 952- 473 -3478 (763) 428 -9110 Fax 763 - 545 -5235 (320) 272 -4696 952 - 404 -0669 (763) 428 -9095 Signed By: Scott Revitt Keith R. Visser Ben Vandeputte Scott Weidema Title: Owner President President President Bid Security: Bid Bond Bid Bond Bid Bond Bid Bond Addenda Acknowledged: One and Two One and Two One and Two One and Two 3498820BT.xls BT -6 r , l ilt DOUGLAS J. DEBNER GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL STAGY A. WOODS OF COUNSEL LORENSQ.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Admitted in Iowa Attorneys At Law December 12, 2003 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA. 55443 -1968 TELEPHONE (763) 424 -8811 a TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com Valerie Leone HAND DELIVERED City Clerk, City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: The City of New Hope 2003 9200 - 49 " Ave. Pond Improvements Contract City Project No.: 731 (formerly 597) City Engineer File No.: 34 -98 -820 City Attorney File No.: 99.10030(B) Veit Job No.: 03373 Dear Valerie: Please find enclosed four original "2003 9200 - 49 Ave. Pond Improvements Contract" (hereinafter "Contract "). I have reviewed the enclosed Contract and it is my opinion that the City may proceed with execution. An original Performance Bond and Payment Bond has been place in the front cover of each of the Contracts. Therefore, four original Performance Bonds and four original Payment Bonds are also enclosed. The Contracts, as originally delivered to the City Attorney's office, also included four original Certificates of Insurance, but changes to these Certificates was required and the replacement originals have not yet been received. Nevertheless, Veit's insurer has faxed us a revised Certificate of Insurance which is satisfactory and I have enclosed a copy of the revised Certificate of Insurance for your records. In addition the revised Certificate of Insurance, we also required Veit to provide evidence of the Mr. Boelke's authority to sign on behalf Veit and to specify an agent for service of process. Veit has, of course, done both or we would not be forwarding the Contracts for execution by the City. I have retained the originals of these documents in our files and enclosed copies for your information. Please let me know if you would like this handled differently or if you have any other questions or comments. Very truly 1 � Douglas'J. Debner, Assistant City Attorney J 1VSEN & SONDRALL P.A. djd@jensen- sondrall.com After Hours Extension #137 Enclosures cc: Steven A. Sondrall, City Attorney for New Hope (via e -mail only to sas@iensen-soildrall.co McDonald, Community Development Director (via e-mail only to kmcdonald @ci.new- hope.rn.us Guy Johnson, Director of Public Works (via e -mail only to giohnson@ci.new- hope.mn.us Tom Schuster, Contracts Manager (via e -mail only to tchuster @ci.new - hope.mn.us Vincent T. Vander Top, City Engineer (via e-mail only to vvandertop @bonestroo.com (;OeVEI VEIT& COTNIPANY INC. CONIPAINIES 1 000 Veit Peace Rogers, V!N 55374 Pho 763.428.2252 Fax i63.423.8348. Earthwork D,ernot ton December 10, 2003 Mr. Douglas J. Debner Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443 -1968 Re: The City ofNew Hope 2003 9200 — 49P Ave. Pond Improvements Contract City Project No.: 731 (formerly 597) City File No.: 99.10030(B) Veit Job No.: 03373 Dear Mr. Debner, v ;ww.seitcor^.panies.com This letter is in response to your letter dated December 8, 2003 to Mr. Greg Boelke regarding his authority to sign for Veit & Company, Inc. We, the undersigned Directors of Veit & Company, Inc., being all of the Directors of that Company, authorize Greg Boelke, the Company's Vice President for Construction, to enter into a contract with the City of New Hope, that contract being known as the "2003 9200 — 49 Ave. Pond Improvements" contract. Sincerely, Vaughn A. Veit Director —" 0, Donald . Rachel Director L leilv Rachel Director BOARD OF DIRECTORS OF VEIT & COMPANY, INC. TA.EEN WITHOUT A MEETING The following action is taken by the sole Class A shareholder and all of the members of the Board of Directors of Veit & Company, Inc. a Minnesota corporation, without a meeting, pursuant to Nfin nesota Statute Sections 302A.239, respectively, by authorizing the same in writing signed by the sole Class A Shareholder and all of the members of the Board of Directors of the corporation: The following resolutions are hereby adopted: RESOLVED, that the following persons are hereby elected as the designated officers of the corporation to serve until the next regular meeting of the Board of Directors or until their successors are otherwise duly elected and qualified. Vaughn A. Veit Donald J. Rachel Jerry Rachel Mark Nicolay Greg Boelke Kevin Barthel Bart Anderson Chief Executive Officer President/Secretary President/Special Projects Chief Financial Officer/Treasurer Vice President — Construction Vice President — Field Operations Vice President RESOLVED, that Vaughn A Veit, Donald J. Rachel, Jerry Rachel, Mark Nicolay and Greg Boelke, shall have authority to sign documents on behalf of the corporation. The above action is taken without a meeting by authorization in writing signed by the sole Class A shareholder and all of the directors of the corporation, said action to be effective on June 18, 2002. Vaughn A. Veit Sole Class A Shareholder and Director Director O.xvch & Company, rxc corpmmlc D=wwnts\MlNtIES OF JOrNT ACTION 06- 17 -02.doc EIT & COMPANY, I COINN PANT` S 14000 Veit Place Rogers, NIN 55374 Phone 763.428.22L2 Fzaa 76142R.8348 Earthwork Demolition Underground December 10, 2003 Utilities Mr, Douglas J. Debner Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Ste 201 Brooklyn Park, MN 55443 -1968 Re: The City of New Hope 2003 9200 — 49 Ave. Pond Improvements Contract City Project No.: 731 (formerly 597) City File No.: 99.10030(B) Veit Job No.: 03373 Dear Mr. Debner, -, ee�� ,�;.v�'s�.cc±� *tgarvi�s.ccm This letter is in response to your letter dated December 8, 2003 to Mr. Greg Boelke regarding the Agent for Service of Process for Veit & Company, Inc. Veit & Company, Inc.'s agent for service of process for the 2003 9200 — 49 Ave. Pond Improvements Contract with the City of New Hope is Greg Boelke, Veit & Company, Inc., 14000 Veit Place, Rogers, MN 55374 -9583. Sincerely, Vice President Construction AUG -04-03 09:42AM FROM -Veit Companies ER ('952)707 -8200 FAX (952)89 Osborne & Associates 420 Gateway Boulevard Burnsville, MN 55337 -2790 INSURED Veit at Company, Inc. 14000 Veit Place Rogers, MN 55374 C OVERAGES T63 428 8348 T -773 P.002/003 F -209 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. INSURERS AFFORDING COVERAGE INSURER!: St. Paul Mercury Insurance Company INSURER B: National Union Fire Insurance Co. of PA INSURER C . Ame ri ncan Int' l Specialty Lines Ins . Co . INSURER D: INSURER I_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATLU. NQ I VVI I MJ I ANUINU 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. POLICY EFFV;MVif N 7R TYPE OF INSURANCE POLICY NUMBER DATE MMIDD T MM/DD LIMITS GENERAL LIABILITY 00 63000 11 0101/2003 01/01/2004 EACH OCCURRENCE $ 1, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one f=ro) 4 100 CLAIMS MADE QX OCCUR MED EXP (Any one person) S 10 A X Contractual Liab. PERSONAL E,ADVINJURY S 1 GENERAL AGGREGATE 4 2 000 GEN'L AGGREG�AT'� JET F] ( E LIMIT AP PLIES PER PRODUCTS - COMPIOP AGG 5 2.000 POLICY I X l I LOC EMPLOYERS' LIABILITY E,L EACH ACCIDENT $ _ 5 00,000 A EL DISEASE -EA EMPLOYGE $ 500,00 F-L DISEASE - POLICY LIMIT a 500,00 OTHER 08198891 01/01/2002 01/01/Z004 $2,000,000 Each Loss ontractor's Pollution C - ability $2,000,040 Aggregate $15,000 Deductible DESCRIPTLON OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTWECIAL PROVISIONS 'Bonestroo, Rosene, Anderlik & Associates, Inc. are Additional Insureds under the Commercial General Lability. re: Navarre Corporation Trunk Utilities Project, The Additional Insured endorsement and the Commercial General Liability Policy do not afford coverage or Professional Liability exposure or any professional services of architects, engineers, or surveyors *non renewed or materially changed non .... . «r.,, � - CE NCFI 1 ATIAN AUTOMOBILE LIABILITY X ANY AUTO LUL)SUUU11 E mRATION DATE THEREOF, THE ISSUING COMPANY VALLlIX1f06?c M MAIL V j'/ V �l V V VT COMBINED SINGLE LIMIT (ES " = 1,000,00 BODILY INJURY (Per DereOn) S A ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per aodoont) S NON -0tNNED AUTOS PROPERTY DAMAGE (Per awdant) s GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO S R AUTO ONLY: AGG EXCESS LIABILITY X OCCUR ❑ CLMS MADE E2131383 01%01/2003 01/01/2004 EACH OC CURRENCE a 5 AGGREGATE 5,000,00 $ B $ DEDUCTIBLE $ RETENTION E wORKMCOMPENSATIONANQ 6301071. 01/01/2003 01./01/2004 X TORYLIMITS ER� EMPLOYERS' LIABILITY E,L EACH ACCIDENT $ _ 5 00,000 A EL DISEASE -EA EMPLOYGE $ 500,00 F-L DISEASE - POLICY LIMIT a 500,00 OTHER 08198891 01/01/2002 01/01/Z004 $2,000,000 Each Loss ontractor's Pollution C - ability $2,000,040 Aggregate $15,000 Deductible DESCRIPTLON OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTWECIAL PROVISIONS 'Bonestroo, Rosene, Anderlik & Associates, Inc. are Additional Insureds under the Commercial General Lability. re: Navarre Corporation Trunk Utilities Project, The Additional Insured endorsement and the Commercial General Liability Policy do not afford coverage or Professional Liability exposure or any professional services of architects, engineers, or surveyors *non renewed or materially changed non .... . «r.,, � - CE NCFI 1 ATIAN ACORD 2s-48 t7190 I�WW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 08 CANCELLED BEFORE THE E mRATION DATE THEREOF, THE ISSUING COMPANY VALLlIX1f06?c M MAIL 30 DAYS WRITTEN NOTICE To THe CERTIFLCATE HOLDER NAMED TO THE LEFT, City of New Hope 4401 Xylon Avenue Northam New Hope, MN 55428 -4898 XX(XXXXXx AUTHORIZED REP RESENTATIVE Mark Ka f /CSDGD --J ACORD 2s-48 t7190 I�WW December 22, 2003 Mr. Greg Boelke Veit & Company 14000 Veit Place Rogers, MN 55374 SUBJECT: REGIONAL POND AT 9200 49TI AVENUE NORTH IMPROVEMENT PROJECT NO. 731 Enclosed are two fully executed contract documents for New Hope Project No. 731. One set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on October 27, 2003 for $169,403.50. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Should you have any questions regarding the project, please contact Guy Johnson, Director of Public Works, at 763-592-6766. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Steve Sondrall, City Attorney - File No. 99.10030(8) Vince VanderTop, Assistant City Engineer Guy Johnson, Director of Public Works TO 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 t D \- J n I 'l t r t 920049 th Avenue D 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. Vincent T. Vander Top, T 3 .E. Date: September 23, 2003 Reg. No. 25770 34 -98 -820 © 2003 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS 9200 49' AVENUE POND IMPROVEMENTS CITY PROJECT NO. 597 FILE NO. 34 -98 -820 NEW HOPE, MINNESOTA 2003 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00410 Bid Form Contracting Requirements 00510 Notice of Award 00520 Agreement Form 00550 Notice to Proceed 00610 Performance Bond 00620 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 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Erosion and Sediment Control Division 2 — Site Construction 02230 Site Clearing 02315 Excavation and Fill 02630 Storm Drainage 02920 Lawns and Grasses 02925 Native Grass Seeding 02930 Exterior Plants END OF DOCUMENT 34 -98 -820 Oc 2003 Bonestroo, Rosene, TABLE OF CONTENTS Anderlik & Associates, Inc. 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., on Tuesday, October 16, 2003, at which time they will be publicly opened and read aloud for the furnishing of all labor, material, and all else necessary for the following: 9200 49 Avenue Pond Improvements — City Proiect No. 597, File 34 -98 -820 Consisting of the following approximate quantities: 13,000 CY Pond Excavation and Disposal 1 LS Clearing and Grubbing 1 LS Erosion Control, Native Seeding, Trees and Shrubs 1,000 LF Channel Grading 24 CY Rip Rap Bidders desiring a copy of the Drawings and Specifications may obtain them from the Issuing Office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non - refundable fee of $40.00. Drawings and Specifications may be seen at the office of the City of New Hope and at the Issuing Office. Drawings and Specifications can also be purchased with a credit card over the internet from www.bonestroo.com. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5 %) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three 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 sixty (60) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. The City Council 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 City. Daniel Donahue, City Manager City of New Hope, Minnesota 34 -98 -820 ADVERTISEMENT FOR BIDS @ 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. Bonestroo Rosene Anderlik & Associates Engineers & Architects BIDDER: \r' �i I "T� A f - Alm y , I i C., DOCUMENT 00410 REVISED BID FORM 9200 49TH AVENUE POND DaROVEMENTS CITY PROJECT NO. 597 FILE NO. 34 -98 -820 NEW HOPE, MINNESOTA 2003 Opening Time: 1:30 P.M., C.D.S.T. Opening Date: Thursday, October 16, 2003 THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 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 Advertisement or Invitation to Bid and 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, as set forth in the Agreement, 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 Ocf op'V - i3 l 2 2 M C Bidder has visited the Site and become familiar with and is satisfied as to the -eneral, local and Site conditions that may affect cost, progress, and performance of the Work. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. 408 2 2 08(DFORM.ras Revised By Addendum No. 2 011-110- 1 (R) REVISED BID FORM D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in 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, which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Bidder 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 Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and obervations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1 Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 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. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 498820MI )RNT xis Revised By .Addendum No 2 00410 -2(R) REVISED BID FORM 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. y 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price PART 1 - PET HOSPITAL POND: 1 — 7,7 CC 1 - 7 © b• 0 /� ' 1 MOBILIZATION LS $ $ t 2 SILT FENCE, REGULAR LF 300 $ � $ 2- D D� o © �/ 3 EROSION CONTROL BLANKETS SY 1,300 $ $ j ��: ✓ /i �� 4 CLEAR AND GRUB TREE 1 I $ $ 3 qo G 5 COMMON EXCAVATION (P) CY 11,675 = $ $ 6 CLASS III RANDOM RIPRAP CY 8 p G $ t rp• $ 1 100. 7 1ANDOT SEED MIX 25A MODIFIED AC 0.25 p C $ j �po. L s LJ ' �� 8 MNDOT SEED MIX 30A MODIFIED AC 0.35 $ 1 2-06 ) F 4)q ' t1 0 , 0 9 NORTHERN CATALPA EA 6 G $ $ 0 EA 5 6 D $ � �, �$ l �I �75 , - 10 BUR OAK, IS" CAL. B&B _ 11 REDOSIER DOGWOOD, 2 GALLON EA 39 $ 12 SMOOTH SUMAC, 2 GALLON EA 9 13 NANI`TYBERRY VIBtIZvLiM, 2 EA 18 $ GALLON 409S20B tDFORNI xis Rmscd ByAdde,,dum 004 10-3(R) REVISED BID FORM No. Item Units Qty Unit Price Total Price � 14 BLUE FLAG MIS, 4" CONTAINER EA 20 $ + $ 15 ARROWHEAD, 4" CONTAINER EA 30 $ :71 16 SOFTSTEM BULRUSH, 4" CONTAINER EA 30 0 $ ] - ✓ $ �� Ems 17 ROCK CONSTRUCTION ENTRANCE LS 1 c'1 �. - 7 • Df TOTAL PART 1 - PET HOSPITAL $ •� POND 18 19 20 21 22 23 24 25 26 27 PART 2 - COLLISYS POND: MOBILIZATION CLEARING AND GRUBBING (FOR EXCAVATIONS) COMMON EXCAVATION (P) CLASS III RANDOM RIPRAP MNDOT SEED MIX 25A MODIFIED MNDOT SEED MIX 30A MODIFIED REDOSIER DOGWOOD, 2 GALLON NANNYBERRY VIBURNUM, 2 GALLON TOTAL PART 2 - COLLISYS POND PART 3 - WETLAND CILkNNEL: MOBILIZATION LS 1 $ 1 5i�� y r LS 1 $ 3 ; o br $ -3 � D CY 1,305 $ 7 v $ 9 , - 7 ��I , CY 16 $ 2S�r $ �1 7- !i m �✓��. AC 0.20 $ 662, AC 0.15 EA 58 EA 18 LS CHANNEL GRADING/FINAL SHAPING LF TOTAL PART 3 - WETLAND CHANNEL vT 1,050 $ 1 $ $ ; - 3493820B IDrOR M.xls Revised By Addendum Na 2 00410 -4( R) REVISED BID FORM No. Itern Units Qty Unit Price Total Prue BASE BID: TOTAL. PART 1 - PET HOSPITAL, POND TOTAL PART 2 - COLLISYS POND TOTAL PART 3 - WETLAND CHANNEL, TOTAL BASE BID 349SN'_OBIDFORMxl5 REVISED B(0 FORM Revised Be Addendum No 2 UO110 -Sjjl) 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid security in the form of Five Percent. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on QCs-D?2L9 1CGZ 209 If Bidder Is: An Individual Name (typed or printed): (Individual's signature) Doing business as: Business address: Phone No.: 3angg�uE3lUR"�Rti4..ds 00410-6(R) Fax No.: (SEAL) REVISED BID FORM A Partnership Partnership Name: By: Name (typed or printed): Business address: Phone No.: A Corporation (Signature of general partner) Fax No.: Corporation Name: _t)M ZAJ�!J�, � G • (SEAL) State of Incorporation: M t h1 t'A Lac Type ( General Busine Professional, Service, Limited Liability): CWYAL- i `_C'iN_S By: L (VI gnature) Name (typed or printed): - -��`(� �P CAA 1 Title: Attest (CORPORATE SEAL) ( gnature of Corporate Secretary)'I�Ota Business address: 'N'A oc>c> "'j t" Phone No.: ��b�) Z` Z Z- Fax Na: 1498820iiiuroRM x1s 00410-7(R) REVISED BID FORM A Joint Venture Joint Venture Name: By: (SEAL) Name (typed or printed): Title: Business address: (Signature of joint venture partner) Phone No.: Joint Venturer Name: _ By: (Signature) Name (typed or printed): Title: Business address: Fax No.: SEAL) 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 - '4ggs20HIDFORNI.xis 1 0041 0 -S(R) REVISED BID FORM AIA Document A310 - E ectronc Format i i i • • THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT Daoi KNOW ALL MEN BY THESE PRESENTS, that we Veit & Company, Inc., 14000 Veit Place, Rogers, MN 55374 (Here insert full name and address or legal title ofContractor) as Principal, hereinafter called the Principal, and Western Surety Company, P.O. Box 5077 Sioux Falls SD 57117 (Here insert full name and address orlegal title ofSuret) ) a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope, 4401 Xylon Ave., North, New Hope, MN (Here insert full name and address orlega /title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Total Amount Bid Dollars (s 5 %), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 9200 49th Avenue - Pond Improvements (Here insert fu /!name, addrersand description ofproject) 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 16th day of October 20 03 Fitness) Veit & Company, Inc. (Principal) (Seal) f I ure) (Seal) (Title) Kathryn A. Dircz, Attorney -In -Fact © 1970 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 -5292. AIA DOCUMENT A310 - BID BOND - FEBRUARY 1970 EDITION - AIA@ - Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: Veit -Bid Bond.aia -- 1011312003. AIA License Number 1008788, which expires on 7!7/2004. Electronic Format A310 -1970 SOOZ T£ T saUdxa uoissilutuoo X O v� sooz'te •ter 3 V O-)IL-Q `X1L►noD VIOS3 NI41W'OrWU A11VWN `oilgnd Xiejo �?�� •� .�� ®® •u011uiod.103 pius Jo poop puu jou aaiJ all oq o1 luauinTism pius paOp01nnou >1OU TaoTjJo piusaTOJu Otp pun `siojoallp Jo piuoq sji Jo �jiiogjnu Xq `nogjo plusa:toJu oLll �q uoilmodioo pins Jo j.lutloq LTi poluas PUB pou2is sum lLiommisat pigs juill puu `uotjuiodioo plus Jo lugs oluiodioo all si lLiaLunilsui �Uto�]aioJ alll of poxgJu lugs oqj Imp `.uoijuTodioo u ` Suvdmo0 i�ia.znS uiaisaM OtIl JO 1.OUJ Ut XXI.10jjL' TO ia0IJJO PIeSQ.10jU OL ST all 1eLlj X1 pTp `uioms X1np aLLi Xq i3uioq si OIIM `CTtk omI XII - eLIOSiod oq Ol ZOITG •y u aglsx paivadde alu oioJOq ' OZ zago:;)0 JO XeP T19T 3111110 ( sqo -1s(I 10lkltgCl00 ss ( alosauuTw 10 HMS A,LJIMS rJIVUOJHOD AO INMVJ9GrArIMON)IDV somdxo uoisslurluoo SN (IuaS Iulju101) --f" IslulloD �OffZllfJt saxdx3 Wt1roJ Rpi `oggrld STUlol\I ytoS3NNtw • onand AUVION OSN3H'r S101 iopTO o - 31!1 tiq Oloiogl oamu sill 1)31T�TS aL1 luLll pLTU `.LIOTjuiOC1i00 pTLS JO STOlOaaTp JO piuoq gi Jo iap io Xq poxgju os sum 1! juil `.lugs oluiodioo llons si jLionimisul ptus Ol poxlJJu luos oqj 1uLll `.LtOljuiod.t00 plus JO lugs oq.1 SMOLT?l all jug1 `.lLT3LLTnilsUt �Ituo2aiOJ. 3111 Palna Il`JTgM pu u LIT poq!nsop LToijuiod.too otil cal v a,�.Q i aL11 JO juapisaTd S � �� - � aqj si all 1u S-� cU sapisai all jugj :hus puu osodop pip `moms Xliip om sq &noq oqs `amoml aul 01 --rJ pamodde �Ileuosiad aul aioJaq =J OZ ` `1c -�c� J.o yep aL1j up 10 A.I mfloj ss 10 HMS swidxo LtoiSSTLumoo XN `SlunoD `oilglld S.Ielotq (IuaS TuiTUjOI ) 'XLiedwoo XllligL'il P3jILLTTI 0111.10J PUB JO QUIBU 0111 lit juowoa:t.�u &lo�?aTOJ alli olnooxa of poziTOLl Xinp si oqs /all jugj puu JO AuedLLloo i(lil p ollLLlil otp Jo oifio :to `io�3uuulu `iagLLToLLi u st oqs /oil julll UT sal)TSa_i alts /all lulll Pius puu osodop pip `moms Xl np o Xq 2uioq `oLlm `umoU31 ol1T o1 paieadde XIl uuosiod out oioJaq ` OZ ` Jo Xep 0 uO 10 AllsnOD ss JIO 1.LV LS .L,Kr,,l J, 9(1rlr tAN0".DV AN' JIVO7 A,LT'TI'fT I Q![JLIIVlrll Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. State of South Dakota ss County of Minnehaha WESTERN SURETY COMPANY S VRETY C _N: L�iYs q, 'TkD 01 �Pal. Bmflat, Senior V�Pesd�ent On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ; J D. KRELL J J J November 30, 2006 NOTARY P i S Ae UBLIC sE � r J (RSOUTH DAKOTA�r, }q�,gt,ghhhhhhhhhhhhhhhhh5 Aaa 7 D. Krell, Notiry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 16th day of October 2003 eTooy, WESTERN SURETY COMPANY r4P' PO ':'44 L. Nelson, Assistant Secretary Form F4280 -01 -02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE Terrori I 'din In accordance with the T LsTn Risk Insurance Act o' 2002. we are providing th is disclosure notice for bonds and certain insurance policies on which one or more of the W Companies identi below is the surety or insurer. To principals on bon ds and insureds on certain insurance policies written by any on e or more of the following companies (collectively the "Writing Companies") as surety or insurer- Western Surety Company, Universal Surety of America. Surety Bonding ofkmmerica, Continental Casualty Company t7 y Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ. and The Continental Insurance Company. DISCLOSURE OF PREMITIM! 'Tae premium attributable to cove for terrorist acts ce under the Act was Zero Dollars 00.00). DISCLOSURE OF FEDERAL PARTICIPATION IN Pkl OF 7R1RROR_I1r__M LOSSES Tlae'Uinited States will pay ninety 6_ht . 7 percent (90 9 , 4 0) of covered terrorism losses em—ceeding t applicable suzet y/insureraeductible. Form F7210 DOCUMENT 00510 NOTICE OF AWARD Dated October 27, 2003 TO: Veit & Company, Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 PROJECT: 9200 49"' Avenue Pond Improvements for the City of New Hope, Minnesota CITY PROJECT NO.: 597 FILE NO.: 34 -98 -820 You are notified that your Bid Dated October 16, 2003 for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the 9200 49"' Avenue Pond Improvements Project for the City of New Hope, Minnesota. The Contract Price of your Contract is One Hundred Sixty -Nine Thousand Four Hundred Three Dollars and Fifty Cents ($169,403.50) for all the Base Bid Items. Four (4) of the Contract Documents (except Drawings) accompany this Notice of Award. Four (4) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is by November 11, 2003: Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. Each of the Contract Documents must bear your signature. 2. Deliver with the executed Contract Documents, the Contract Security (Bonds) as specified in the Instructions to Bidders (Article 19), General Conditions (Paragraph 5.01), and Supplementary Conditions. 3. Deliver with the executed Contract Documents, the Certificates of Insurance evidencing coverage as specified in the Instructions to Bidders (Article 19), General Conditions (Paragraph 5.03), and Supplementary Conditions. Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid in default, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with those conditions, Owner will return to you two (2) fully executed Contract Documents. Bonestroo, Rosene, Anderlik & Associates, Inc. ( Enginee B (Authorized Signatur _Vincent T. Vander Top, Project Engineer COPY TO OWNER (Title) 34 -98 -820 NOTICE OF AWARD DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Veit & CompanInc_, (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as construction for the Project Titled: 9200 49"' Avenue Pond Improvements for the City of New Hope, Minnesota, City Project No. 597. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113, who is hereinafter called Engineer and 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 3 - CONTRACT TIMES 3.01 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. 3.02 Dates for Substantial Completion and Final Payment A. The work will be substantially completed on, or before, May 21st, 2004, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on, or before, June 13th, 2004, 3.03 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 3.02 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 $100.00 for each day that expires after the time specified in Paragraph 3.02 for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the Contract Time, or any proper extension thereof granted by Owner, Contractor shall pay Owner $100.00 for each day that expires after the time specified in Paragraph 3.02 for completion and readiness for final payment until the work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents 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 One Hundred Sixty -Nine Thousand Four Hundred Three Dollars and Fifty Cents ($169,403.50) for all the Base Bid Items. 34 -98 -820 © 2003 Bonestroo, Rosene, 00520-1 Anderlik & Associates, Inc. AGREEMENT FORM ARTICLE 5 - PAYMENT PROCEDURES 5.01 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. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, monthly during performance of the work as provided in Paragraphs 5.02.A.I and 5.02.A.2 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 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, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of work completed (with the balance being retainage). b. 95% 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% of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 100% 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. 5.03 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 6 - INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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 Project Site and become familiar with and is satisfied as to the general, local, and Project 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. 34 -98 -820 2003 Bonestroo, Rosene, 00520 -2 Anderlik & Associates, Inc. AGREEMENT FORM D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project 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 Project 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 Project 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 Project 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 Project 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. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 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: 9200 49 Avenue Pond Improvements; 7. Addenda (Number One to Two, inclusive; 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid Form. 34 -98 -820 00520 -3 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. AGREEMENT FORM C. Documentation submitted by Contractor prior to Notice of Award. d. Any modification, including Change Orders, duly delivered after execution of Agreement. 9. The following which may be delivered, or issued, on, or after, the Effective Date of the Agreement, and are not attached hereto: a. Written Amendments; b. Work Change Directives; C. Change Order(s). above). B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.05 of the General Conditions. ARTICLE 9 - MISCELLANEOUS 9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions. 9.02 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. 9.03 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 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. 34 -98 -820 00520 -4 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 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: - . 9 - . F [ SEAL] 7 Attest � 412j�L' Address for giving notices: L)c ol o Contractor: Veit & Cdmpkiv, Inc. B [CORPORATE EAL Attest Address for giving notices: I �iElr� 31ACe I Designated Representative: Name: &/�) / - 6 / C) /)6 & i) U - e, T itle: 0i �L/ t "j P C Address: "1461 Y1 ihj2l /L) 0 o Phone: '162 - 5 3 ± Q Facsimile: A-3- 53 /- S/ 3k License No. (Where applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Facsimile: q A� � I [' - "�- ��5 END OF DOCUMENT 6'k� S 34-98-820 @ 2003 Bonestroo, Rosene, 00520-5 Anderlik & Associates, Inc. AGREEMENT FORM Designated Representative: DOCUMENT 00550 NOTICE TO PROCEED Dated: TO: Veit & Company Inc. ADDRESS: 14000 Veit Place Rogers, MN 55374 PROJECT: 920049 th Avenue Pond Improvements for the City of New Hope, Minnesota CITY PROJECT NO.: 597 FILE NO.: 34 -98 -820 You are notified that the Contact Time under the above Contract will commence to run on 200 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the dates of Substantial Completion and Final Completion are and , respectively. Before you may start any work at the Project Site, Paragraph 2.05.0 of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any work at the Project Site, you must notify Engineer 24 hours in advance for construction staking services. City of New Hoe Minnesota (Owner) .3 (Authorized Signature) (Title) COPY TO ENGINEER 34 -98 -820 00550 -1 ©2003 Bonestroo. Rosene, Anderlik & Associates. Inc. NOTICE TO PROCEED 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 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: (Corp. Seal) Company: Signature: Signature: Name and Title: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28 -A (1996 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. 34 -98 -820 00610 -1 PERFORMANCE BOND (Corp. Seal) I . 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 Contract, which is incorporated herein by reference. 2. If the Contractor performs the Contract, the Surety and the 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, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at the addresses 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 Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Owners 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 paragraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 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 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 completion of the 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 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 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; 4.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 4.4.2 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 paragraph 4.4, and the Owner refuses the payment tendered or the Surety has denied pliability, 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 Contract, and if the Surety elects to act under paragraph 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 Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To a 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 Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective Work and completion of the 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 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 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 the 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 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 Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the 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 Contract. 12.2. Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. 34 -98 -820 00610 -2 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND 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 Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28 -B (1996 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, PAYMENT BOND 34 -98 -820 00620 -1 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 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 2.2. 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 Contract, provided the Owner has promptly notified the Contractor and the 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 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 addresses 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 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 the Surety 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. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any 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 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 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 Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the 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 the Surety, the Owner or the Contractor shall be mailed or delivered to the addresses 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 Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from 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 of 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. M091:3019 11 15.1, Claimant: An individual or entity having a direct contract with the Contractor or with a Subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without 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 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 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 Contract or to perform and complete or comply with the other terms thereof. 34 -98 -820 00620 9� PAYMENT BOND SECTION 01100 SUMMARY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project, and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 9200 49 Avenue Pond Improvements Project for the City of New Hope, Minnesota, City Project No. 597. B. Description of Work: Construction of two ponds, drainage grading, and restoration. 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. 34 -98 -820 © 2003 Bonestroo, Rosene, 01100 -1 Anderlik & Associates, Inc. SUMMARY B. Access to Site: 1. Access will be from 49th Avenue for the 9200 49th ue Pond. Avenue, with new construction on .9200 4 will be from 50th Avenue for the Collisys Pond. Coordinate with 2 Access property owner. 3. City will assure easements for access. C Other Work at Site: 1. No additional work being performed on site is anticipated. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 ASUREMENT 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 34-99 -82 01100-2 SUMMARY © 2003 Bonestroo, Rosene, SECTION 01100 SUMMARY PART 1- GENERAL . 1.01 SECTION INCLUDES A. - Basic description of the Project, and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 9200 49 Avenue Pond Improvements Project for the City of New Hope, Minnesota, City Project No. 597. B. Description of Work: Construction of two ponds, drainage grading, and restoration. 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. 34 -98 -820 © 2003 Bonestroo, Rosene, 01100 -1 Anderlik & Associates, Inc. SUMMARY B. Access to Site: 1. Access will be from 49th Avenue for the 9200 49th Avenue Pond. Coordinate with new construction on 9200 49th Avenue. 2. Access will be from 50th Avenue for the Collisys Pond. Coordinate with property owner. 3. City will assure easements for access. C. Other Work. at Site: I. No additional work being performed on site is anticipated. 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 34 -98 -820 © 2003 Bonestroo, Rosene, 01100 -2 SUMMARY Anderlik & Associates, Inc. SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART1- 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 field. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on 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, Gregory S. Plumedahl; ph. 763 - 493 -1670; fax 763 - 493 -1501. 5. Gas: Reliant Energy, Laura Hirsch; ph. 763 -321 -5177; fax 763 - 321 -5480. 6. Telephone: Qwest, Carrie Oster; ph. 763 -531 -8997; fax 763 - 536 -5098. 7. Cable TV: Comcast, Doug Zahn; ph. 651- 493 -5316; fax 651- 493 -5116. C. Owner requires 48 hour notice for all utility interruptions. 1.03 PERMITS A. Comply with the stipulations of the following permits, which have been applied for, and will be furnished by the Owner: 1. Minnesota Department of Natural Resources (MnDNR) Stormwater Management and Wetland Enhancement Permit No. 2000 -6089. 34 -98 -820 © 2003 Bonestroo, Rosene, 01310 -1 PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION B. Apply for, obtain, and comply with the provisions of the following permits: 1. MPCA Stormwater Discharges Associated with Construction Activities NPDES General Permit. C. 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 and Resident Project Representative a minimum of 48 hours notice in advance of the need for establishing lines and grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.10 of the Supplementary Conditions. 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 and sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute one copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within five calendar days of receipt of the minutes. 4. The attendance and cooperation of Subcontractors and Suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330 — Submittal Procedures. 34 -98 -820 © 2003 Bonestroo, Rosene, 01310 -2 PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION C. Progress Meeting Procedures: 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. Construction of the ponds and work performed on the channel shall be done such that continuous flow through the existing drainage channel. 2. Traffic flow shall be maintained at all times along the streets surrounding the project site. 3. Driveway access /parking lot use of all neighboring properties must be maintained throughout the project duration. 1.07 SUBMITTALS A. Submit a minimum of four copies of shop drawings plus the quantity of copies the Contractor wants returned. 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 34 -98 -820 © 2003 Bonestroo, Rosene, 01310 -3 PROJECT MANAGEMENT AND Anderlik & Associates, Inc. COORDINATION SECTION 01330 SUBMITTAL PROCEDURES PART I - GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 SEQUENCING AND SCEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules on 11 inch x 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of three days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, and installation, testing, start-up, instruction of Owner, and clean -up. 34 -98 -820 © 2003 Bonestroo, Rosene, 01330 -1 Anderlik & Associates, Inc. SUBMITTAL PROCEDURES C. As work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any work at the Site is started, submit a typed list on 8 -1/2 inch x 11 inch paper outlining 24 hour, on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -1/2 inch x 11 inch. Non - legible copies will not be reviewed. C. Submit a minimum of three copies of shop drawings plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and specification section number. 5. Identification of revisions from previous submittals. 6. A 4 inch x 4 inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. 34 -98 -820 © 2003 Bonestroo, Rosene, 01330 -2 Anderlik & Associates, Inc. SUBMITTAL PROCEDURES E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the work, conform to the information given in the Contract Documents, and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the work, conform to the information given in the Contract Documents, and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole. as indicated by the Contract Documents. Contractor shall revise submittal and conform to the resubmittal procedures described in Paragraph 6.17.17 of the General Conditions. 4. "Not Approved" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the information given in the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.F of the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15 percent mark- up. 3.04 TEST REPORTS A. Submit three copies of all inspections, tests, and approvals required in the Specifications. 1 1 1 _•'' al A. All work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34 -98 -820 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. 01330 -3 SUBMITTAL PROCEDURES SECTION 01400 QUALITY REQUIREMENTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2000 Edition and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Submit copies of laboratory test results or analysis in consistent with 01330 — Submittal Procedures. C. Manufacturer's certificates of quality control or performance. 1.04 WORKMANSHIP A. Comply with industry standards of the region except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 34 -98 -820 © 2003 Bonestroo, Rosene, 01400 -1 Anderlik & Associates, Inc. QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at site or source, transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit three copies of laboratory report to Engineer. B. Include: Date issued, project title and number, name of inspector, date and time of sampling or inspection, identification of product and specifications section, location in the project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.08 LMTS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop work. 1.09 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings, certifying that products meet or exceed specified requirements executed by responsible officer. 1.10 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. 34 -98 -820 © 2003 Bonestroo, Rosene, 01 - UALITY REQUIREMENTS Anderlik & Associates, Inc. Q 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 34 -98 -820 © 2003 Bonestroo, Rosene, 01400 -3 Anderlik & Associates, Inc. QUALITY REQUIREMENTS SECTION 01500 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," 2000 Edition (MnDOT Spec). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. 1.03 SUBMITTALS A. Submit Traffic Management and Control Plan consistent with Section 01330 — Submittal Procedures. Plan shall include the following information: 1. Haul and access routes. 2. Traffic control measures. 3. Permits or applications required by local authorities. 4. Temporary facilities required. PART 2 - PRODUCTS Not Used PART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work to the Site. B. Establish Contractor offices and building or other facilities necessary for work on the Project. 34 -98 -820 © 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -1 AND CONTROLS C. Temporarily hold or relocate utilities and any miscellaneous structures such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, MAILBOXES, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all Non -City or County owned signs, posts, etc., that may be within the construction limits as directed by Engineer. Owner will remove and replace Owner's signs. B. Remove existing mailboxes and posts and temporarily install in locations determined by Engineer or as shown on Drawings. Replace mailboxes prior to substantial completion. Removal, temporary re- installation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit, or as directed by Engineer. B. Temporary Water for Construction: 1. Use of new or existing hydrants is prohibited except for testing and flushing of newly installed mains. 2. Obtain water for construction from locations designated by the Owner. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations including safety and health codes for sanitary fixtures and facilities. 2. Provide self- contained toilet units or water and sewer connected temporary toilet facilities consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 34 -98 -820 O 2003 Bonestroo, Rosene, 01 500 -2 TEMPORARY FACILITIES Anderlik & Associates, Inc. AND CONTROLS 3.05 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. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the project area. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. C. Flaggers are required to protect construction vehicles during unloading construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty, flaggers shall wear hard hats and reflectorized florescent orange rests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names, addresses, and phone numbers of at least three individuals responsible for the placement and maintenance of traffic control devices. At least one of these individuals shall be "on call" 24 hours per day, 7 days per week, during the time any traffic control devices furnished and installed by the Contractor are in place. 3 34 -98 -820 © 2003 Bonestroo, Rosene, Anderlik & Associates, Inc. Provide access for emergency vehicles and busses to all residences at all times. 01500 -3 TEMPORARY FACILITIES AND CONTROLS 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on, or related to, this Project, within one hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include, but not be limited to, removing grime and dust deposited on any device by traffic or natural causes, or when requested by Engineer. 3.07 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 if this item. 1. Partial payment of the lump sum 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 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 34 -98 -820 © 2003 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -4 AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART I - GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 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," 2000 Edition (MnDOT Spec.): 1. 1803 — Prosecution of Work. 2. 2573 — Temporary Erosion Control. 3. 3733 — Geotextile. 4. 3876 — Seed. 5. 3882 — Mulch Material. 6. 3885 —Erosion Control Blanket. 7. 3886 — Silt Fence. 8. 3889 — Temporary Ditch Checks. 9. 3891 — Inlet Protection. 10. Technical Memorandum No. 99-23-ENV-03 and Attachment. 11. Technical Memorandum No. 99-27-ENV-05. 12. Technical Memorandum No. 02 -11- ENV -01. 13. Technical Memorandum No. 02-13-ENV-02. 34-98-820 2003 Bonestroo, Rosene, 01570-1 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc, 14. Technical Memorandum No. 02 -14- ENV -02. 15. Technical Memorandum No. 01 -06- ENV -01. 16. Technical Memorandum No. 00 -10- ENV -04. 17. Technical Memorandum No. 00 -12- ENV -05. 18. Special Provisions S -25. 19. Special Provisions S -249. 20. Special Provisions S -250. 21. Special Provisions S -252. 22. Special Provisions S -264. 1.04 SUBMITTALS A. Erosion Control Plans: 1. Temporary Erosion Control Plan. 2. Permanent Erosion Control Plan. 3. Storm Water Pollution Prevention Plan. 4. Erosion Control Schedule: Conforming to MnDOT Spec. 1803.5.G: a. Proposed erosion control installations and when they will be installed. b. Areas ready for permanent turf establishment and when it will be accomplished. C. Grading operations and how erosion control will be incorporated into the work. d. Repair or maintenance required on erosion control installations and when it will be accomplished. 5. Completed application form for the MPCA's General Storm Water Permit for Construction Activity. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -2 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 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. 1.05 QUALITY ASSURANCE A. Qualifications: 1. MnDOT Inspector /Installer Certification. B. Certifications: Conform to MnDOT Spec. 1803.5.D. 1.06 PERMITS A. General: 1. This Project disturbs one or more acres of total land area. Submit a completed application form for the MPCA's General Storm Water Permit for Construction Activity and the appropriate fees to the MPCA. Also, submit a copy of the completed, signed, and dated application form to Owner. Authorization to begin grading under the NPDES Permit is automatically granted 48 hours after the permit application has been submitted to the MPCA. 1.07 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: 1. Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. All temporary erosion control measures to be installed prior to any grading activities. 3. Permanent erosion control measures are to be installed when deemed appropriate during the grading process. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -3 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 4. 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: a. When the Contractor fails to conduct the quality control program, doesn't conduct the inspection required in the NPDES permit, or fail to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a written order to the Contractor. b. The Contractor shall respond within 24 hours with sufficient personnel, equipment and/or materials, and conduct the required work or be subject to a $500 per calendar day deduction for noncompliance. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02920 — Lawns and Grasses to prevent excessive soil erosion. Contractor is also responsible for the proper installation of all permanent erosion control measures in accordance with Section 02920 — Lawns and Grasses. PART 2 - PRODUCTS 2.01 SILT FENCE A. Machine Sliced Silt Fence: 1. Geotextile Fabric: Monofilament/Monofilament Geotextile conforming to MnDOT Spec. 3886.2A, Machine Sliced: a. Width: Minimum 36 inches. 2. Posts: Standard steel T -posts with welded plate weighing not less than 1.33 pounds per lineal foot. Minimum length 60 inches. Minimum embedment is 24 inches below ground surface with a maximum: a. Post spacing of 6 feet. b. Ditch Checks: 4 foot maximum spacing. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -4 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. B. Heavy - Duty Silt Fence: 1. Geotextile Fabric: Conform to MnDOT Spec. 3886.2A, Heavy Duty. 2. Posts: Standard steel T -posts with welded plate weighing not less than 1.33 pounds per lineal foot: a. Minimum length 60 inches. Minimum embedment is 24 inches below ground surface with a maximum post spacing of 8 feet. 2.02 BALE CHECKS A. Type 1 Mulch conforming to MnDOT Spec. 3882.2. B. All bales shall be either bound with wire or tied with nylon string. C. Hardwood stakes shall be 1.5 inches x 1.5 inches x 36 inches. 2.03 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: 1. 3 inch size (min) washed river rock. 2. Geotextile: Conform to MnDOT Spec. 3733, Type 4. B. Concrete Pad: 1. Manufacturer: Royal Erosion Control Systems, Cable Concrete, or approved equal. 2. System shall be made up of individual concrete blocks in an 8 foot by 16 foot mattress: a. Concrete Block: 15.5 inch square at the base and 11.5 inch square at the top face (a truncated pyramid shape). 4.5 inch minimum block height. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -5 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 2.04 STORM DRAIN INLET PROTECTION A. Paved streets with concrete curb and gutter inlet protection: 1. Road Drain Curb and Gutter: Manufacturer: Wimco, LLC. 2. Silt Screen: Manufacturer: Alpine Stormwater Management. B. Non -paved surfaces, without curb and gutter, inlet protection: 1. Silt fence box. 2. Road Drain: Manufacturer: Wimco, LLC. 3. Erosion Control Shroud: Manufacturer: Royal Anchor Systems, Inc. 4. Silt Sack: Manufacturer: ACF Environmental. 5. Verti* Pro as Manufactured by Alpine Stormwater Management. C. Alternate curb inlet protection devices: 1. Eco Block. 2. Straw or Excelsior Wattle (8 inch minimum diameter). 3. Filter Compost Sock: Manufacturer: Filtrexx. 4. Rock Barrier: a. 3/4 inch to 1 -1/2 inch clear aggregate only. b. Wire mesh and filter fabric. 5. Woven Type Sandbag Barriers conform to MnDOT Spec. 3893. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -6 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 2.05 DITCH CHECKS AND VELOCITY CHECKS A. Bioroll Blanket System: Conform to MnDOT Spec. 3889.2, Type 3, and Special Provision S -249. B. Geotextile Triangular Dike: Conform to MnDOT Spec. 3889.2, Type 6. C. Rock Check: Conform to MnDOT Spec. 3889.2, Type 7: 1. Geotextile: Conform to MnDOT Spec.3733, Type 4. D. Machine Sliced Velocity Fence: Conform to MnDOT Spec. 3889.2, Type 1. 2.06 SANDBAG BARRIER A. Sandbags: Conform to MnDOT Spec. 3893. B. Fill sandbags with 3/4 inch drain rock or 1/4 inch pea gravel. 2.07 EROSION CONTROL BLANKET A. Sloped areas shall conform to MnDOT Spec. 3885 Class 2. B. Channelized areas shall conform to MnDOT Spec. 3885 Class 3. 2.08 FLOATATION SILT CURTAIN A. Conform to the requirements of MnDOT Spec. 3887. 2.09 DUST CONTROL A. Water shall be clear and free from suspended fine sediment. B. Calcium Chloride: Conform to MnDOT Spec. 3911. C. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.10 TEMPORARY DOWN DRAIN A. Enclosed metal pipe, plastic pipe, hose, or flexible rubber pipe. 2.11 TEMPORARY SEED A. Conform to MnDOT Spec. 3876, and Special Provision S -264. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -7 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 2.12 TEMPORARY MULCH A. Conform to MnDOT Spec. 3882. PART 3 - EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2573.3: 1. Minimize the amount of disturbed land that is susceptible to erosion. 2. Install the appropriate temporary erosion and sediment structural controls measures in accordance with approved sequence of construction. Clearing and grubbing operations shall be so scheduled and performed that grading operations and permanent erosion control features can follow immediately thereafter. 3. The surface area of erodible earth material exposed at one time by clearing and grubbing, by excavating, by fill, or by borrow shall not exceed one -third of the project length without written approval of the Engineer. 4. Only disturb, clear, or grade areas necessary for construction. Delineate areas not to be disturbed: a. Exclude vehicles and construction equipment from these areas to preserve natural vegetation. 5. Maintain and preserve riparian and naturally vegetated buffer strips along water courses. 3.02 INSTALLATION A. Silt Fence: Conform to MnDOT Spec. 2573.3133: 1. Silt fences shall be installed in the locations shown on the Drawings using the machine sliced installation method. 2. If the silt fence is longer than 600 feet, it shall be constructed in separate independent units with each unit having a length less than 600 feet. All splices shall be avoided whenever possible: a. If necessary, splices will be made at an opposing fence post and according to the manufacturer's specifications. 34 -98 -820 O 2003 Bonestroo, Rosene, 01570 -8 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. B. Bale Checks: 1. Bale Checks shall be installed in locations shown on the Drawings: a. The bales shall be installed so that the bindings run around the sides rather than along the tops and bottoms of the bale: 1) The bindings shall not be in direct contact with the soil or materials the bales are being installed within. C. Sandbag Barriers: 1. Bags shall be about one -half to two - thirds full. 2. Place in a curved row from the top of curb at least three feet into the street. The row shall be curved at the ends, pointing uphill. 3. Several layers of bags shall be overlapped and packed tightly. 4. Leave a one - sandbag gap in the top row to act as a spillway. D. Erosion Control Blanket: 1. Blanket installed in channelized areas shall be installed with the direction of flow in all cases. 2. Blanket installed on sloped areas shall be installed perpendicular to the slope. 3. Six inch wire "U" staples shall be used to secure the blanket will be of a length and a placement pattern as specified by the manufacturer to insure the blanket will perform as specified: a. Channel and slope applications require a minimum of 18 inches on center installation requirements for all staples. E. Temporary Diversion Berm: 1. Temporary diversion berm shall be installed at locations shown on the Drawings. The berm shall be located to minimize damage by construction operations and traffic. 2. Temporary diversion berm shall be installed as a first step in the land - disturbing activity and must be functional prior to upslope land disturbance. 3. The berm shall be adequately compacted to prevent failure. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -9 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 4. Temporary or permanent seeding and mulch shall be applied to the berm immediately following its construction. F. Temporary Rock Construction Entrance: 1. Rock construction entrance shall be installed in locations shown on the Drawings. 2. Rock construction entrance shall be constructed before grading begins on the site. 3. Inspect rock construction entrance daily for mud accumulation. G. Temporary Sediment Basins: 1. Sediment basins will be excavated as a first priority when grading begins on the project. The location and outlet configuration are shown on the Drawings. H. Temporary Down Drains: 1. When temporary down drains are placed on fill slopes, a temporary earth berm shall be constructed along the 1:6 to 1:3 breakpoint with additional berms constructed as necessary to guide water into the drain. 2. The inlet of a drain and berm system must be properly constructed to channel water into the temporary drain. 3. All temporary drains shall be adequately anchored to the slope to prevent disruption by the force of the water flowing into the drain: a. If the drain consists of flexible pipe such as plastic pipe or rubber hose it must be securely anchored to the ground. I. Temporary Seeding: Conform to MnDOT Spec. 2573.3132b. Special Provision 5264 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -10 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. J. Temporary Mulching: Conform to MnDOT Spec. 2573.3132 and Special Provision S -252, or as modified below: 1. For Seeded Sites, Apply: 2 tons /acre (4500 kg/ha), 1 -2 inches (25 -50 mm) deep, covering 80 percent of the soil surface: a. Mulch shall be applied not more than two inches deep on seeded areas, unless it is incorporated into the soil by tracking, disking, or other `punching in' techniques. 2. For Unseeded Sites, Apply: 2 -3 tons /acre (4500 -6700 kg/ha), 2 -4 inches (50 -100 mm) deep, covering ALL of the soil surface. 3. The mulch shall be evenly distributed by hand or machine to the desired depth of 2 -4 inches and shall cover the exposed area to a uniform depth. 4. Mulch shall be anchored immediately to minimize loss by wind or water. K. Ditch Checks and Velocity Checks: 1. Bioroll Blanket System: The bioroll is anchored with wood 1/2 inch x 2 inch stakes at a maximum spacing of 2 feet. The stakes should be angled such that the force of the water would cause the stake to rotate up vertically. If more than one Bioroll is needed to properly span the distance of the ditch, the ends should be overlapped about one foot. 2. Geotextile Triangular Dike: Install with the long flap upstream Anchor to ground with wire staples at a maximum spacing of one foot on center over the flap portion. If more than one triangular dike is needed to properly span the distance of the ditch, the abutting edges should have the fabric flaps overlapped and stapled. Staples should be placed into the abutting foam areas too. 3. Rock Check: The maximum height shall not exceed two feet. Install geotextile filter fabric prior to any rock placement. The center of the rock check shall be lower in height than the outside edges. The outside edges of the rock check shall extend in an upward shape U perpendicular to the direction of flow. 4. Machine Sliced Velocity Fence: The installation of machine sliced velocity fence is the same as machine type sliced silt fence. The exception is that the posts are spaced to a maximum of four feet apart. 34 -98 -820 O 2003 Bonestroo, Rosene, 01570-11, EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. L. Floatation Silt Curtain: 1. Floatation silt curtain shall be installed in locations shown on the Drawings and according to the manufacturer's specifications: a. Be "anchored" and secured to prevent any material from passing beneath, over, around, or through the barrier. b. Curtain shall have sufficient slack to permit the curtain to rise to the maximum expected high water level including wave action without being overtopped and still be in continuous contact with the bottom. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.D and as follows: 1. Contractor is responsible for inspection, maintenance, and repair of 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 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. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 4. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. 5. Maintain temporary construction entrances in a condition to prevent mud or sediment from leaving the construction site: a. Replace gravel material when surface voids are visible. b. After each rainfall, inspect any structure used to trap sediment and clean it out as necessary. C. Immediately remove all objectionable materials spilled, washed, or tracked onto public roadways. Remove all sediment deposited on paved roadways within 24 hours. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -12 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 6. Temporary diversion berms shall be inspected after every storm and repairs made to the dike, flow channel, outlet, or sediment trapping facility, as necessary: a. Once every two weeks, whether a storm event has occurred or not, the measure shall be inspected and repairs made if needed. b. Diversion dikes used to trap sediment shall be inspected and cleaned out after every significant storm. C. Damages caused by construction traffic or other activity must be repaired before the end of each working day. d. If vegetation has not been established, reseed damaged and sparse areas immediately. 7. Floatation silt curtain shall remain in place until such time that water contained within is free from turbidity: a. The curtain shall be removed within 72 hours after this determination has been made. b. At the completion of the project, the floatation silt curtain shall be removed in such a manner so as to minimize release of sediment adhering to the turbidity curtain. B. Sediment Removal: Conform to MnDOT Spec. 2573.3.E. and Special Provision S -25: 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. Mobilization, Emergency Erosion Control: Conform to MnDOT Spec. 2573.3.1-1 Special Provision S -250 or as modified below: 1. Routine temporary erosion control measures are not considered to be part of Emergency Mobilization Erosion Control. D. Control dust blowing and movement on construction sites 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: 1. Dust Control measures will be considered incidental. E. Acceptance of Work: Conform to MnDOT Spec. 2573.3.C. 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -13 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 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 item in full, including installation, maintenance, sediment removal, repairs, and removals. B. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Unit Prices will be compensation in full for all work and costs of the following items. Eighty (80) percent partial payment will be made upon installation and 20 percent payment will be made upon removal and restoration: 1. Machine Sliced Silt Fence: Measurement will be along the base of the fence from outside to outside of the end posts for each section of fence. 2. Regular Silt Fence: Measurement will be along the base of the fence from outside to outside of the end posts for each section of fence. Payment shall include woven wire fence fabric. 3. Erosion Control Blanket: Measurement will be based on units of square yards completed and stapled in place. 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 34 -98 -820 © 2003 Bonestroo, Rosene, 01570 -14 EROSION AND SEDIMENT CONTROL Anderlik & Associates, Inc. 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. IN : I I I I I I M IA, I W k-11 W • Prepared by and Issued and Published Jointly By AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by x The Associated General Contractors of America Knowledge for Creatirig and Sustaining �qol` the Built Environment Construction Specifications Institute EJCDC C•700 Standard General Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700-1 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 Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.. ....................... ................................................ _ ............. ................. _6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ..................................................................... ............................... ..,8 ARTICLE 2 - PRELIMINARY MATTERS .................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... ..............................9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ............................................. ............................... ..........9 2.06 Preconstruction Conference ....................................................................................................... ..............................9 2.07 Initial Acceptance of Schedules ................................................... ............................... ...................... .......................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... .............................10 3.01 Intent ......................................................................................................................................... .............................10 102 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 3.05 Reuse of Documents .................................................................................................................. .............................11 3.06 Electronic Data ......................................................................................................................... .............................11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS.. ...................................... ................. ......... ............. 4.01 Availability of Lands ................................................................................................................. .............................11 4.02 Subsurface and Physical Conditions ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ............................................................................ .............................12 4.04 underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site. . ........................................ .................. .......................... ....... _ 13 ARTICLE - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................... ............................... .......... .............................15 5.03 Certificates of Insurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance ............................................................................................... .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07' Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................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 ............................................................................. .............................18 6.01 Supervision and Superintendence ................................................................................... ............................... ...18 6 .02 Labor; Working Hours. ... ............................... ......... ........................ ................................. ................................. 18 6.03 Services, Materials, and Equipment .......................................................................................... .............................18 6 .04 Progress Schedule. ....... .................. ...................... .............. ......... .................................. ....... ...... ... .... 18 6.05 Substitutes and "Or- Equals" .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ...........:............................................................................................. .............................21 6.08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6,10 Taxes ................................................... .............................22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents .................................................................................................................... .............................22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 ........... ............................... Safety Representative ............................................................... ............................... .....23 6.15 Hazard Communication Programs ........................................................................................... .......... ...................23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 -------~-------- ___.---------------------- 6.l6 ��ar�uno/ox-------' ____________� Shop Dnzw�gsand Sung/uy�-------- __—'23 6.17 (�m�*u��xWork --.--------------'� .__.------________.�* ~ ' �l8 6.19 �nmoncmr "^ _—.—_24 __~___________-----________. STATUS DURING CONSTRUCTION ..... 27 ARTICLE 9 - ENGINEER'S ................ ' ' 14.04 Substantial Completion ... -- .................. - *" Conditions o f t l c o n st ru ctio n C ontract P Engineers for EJCDC- Ali rights reserved. Copyri ht (D 2002 National SocietY of 19 nwoll-4 14.05 Partial Utilization . .................. ...........................................................................— . .............. .,.... .................. ..........38 14.06 Final Inspection ......:...............:................................................................................................. ............................. 14.07 Final Payment ........................................................................................................................... ............................. 14.08 Final Completion Delayed ........................................................................................................ ............................. 14.09 Waiver of Claims ....................................................................................................................... ............................. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ ............................. 15.01 Owner May Suspend Work ........................................................................................................ ............................. 15.02 Owner May Terminate for Cause .............................................................................................. ............................. 15.03 Owner May Terminate For Convenience .................................................................................. ............................. 15.04 Contractor May Stop Work or Terminate ................................................................................. ............................. ARTICLE16 - DISPUTE RESOLUTION ................................................................................................... ............................. 16.01 Methods and Procedures .......................................................................................................... ............................. ARTICLE17 - MISCELLANEOUS ............................................................................................................ ............................. 17.01 Giving Notice ............................................................................................................................ ............................. 17.02 Computation of Times ............................................................................................................... ............................. 17.03 Cumulative Remedies ................................................................................................................ ............................. 17.04 Survival of Obligations ............................................................................................................. ............................. 17.05 Controlling Law ........................................................................................................................ ............................. 17.06 Headings ................................................................................................................................... ............................. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 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 the to Engineer which is to be used by Contractor during inal course of the Work in requesting progress 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 I L0 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 Q 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 Con 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 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. 104 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. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted t Eng 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 e sion acceptable e Work Engineer if it provides an orderly prog ces 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 evbe inferred from the Contract Documents or from prevailing cus tom 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 or association, or to Laws or Regulations, 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. 103 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 Do clime is 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, b. the provisions of any Laws or Regulations specification, manual or code, or any instruction of a applicable to the performance of the Work Supplier shall be effective to change the duties or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional n ' Engineers for EJCDC. All rights reserved. (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 3. Engineer's written interpretation or clarification. 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 0 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 at or relating to existing surface or subsurface structures lities) contiguous to the Site (except Undergr g te Contract that Engineer has used in prepa 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, techniques, any aspects of the means, methods, emp loyed sequences, and procedures of construction to be er go rams se Contractor, and safety precautions and p g 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 re cognized from e inherent erent n con diti on s ordinarily encountered and 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 qn ir erit y P aragraph 6.16.A), notify Owner and Engineer about such condition. Contractor shall not further disturb such condition r perform any inWor� in conn ection of written therewith (except as aforesaid) order to do so. B. Engineer's Review: After receipt o f written notice as required by Paragraph 4.03.A, Engineer 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 e existence of such differing subsurface or physical condition causes an increase or decrease of Contractor n Work; cost of, or time required for, performance 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 ad Work that is j in Contract Price Unit p ai d a Price Basis, any j will be subject to the provisions of paragrap Price 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 examinati the inves S to and contiguous ration, test, or study Requirements or areas required by the Bidding Contract Documents to be conducted by or for C ontractor prior to Contractor's making such final commitment; or F J CDC C -700 Standard General Conditions of the Construction Contract. of Prafes�i`ona7Engineers for EJCDC. All rights - -- reserved j__n , ,inht © 2002 National Society • c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 1 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 owner and to Owner and Enginee 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 0 2002 National Society of Professional Engineers for E,1CDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but of limit e ed to, any aspects of the means, methods, tochniq to ed by and procedures of construction to b r e arns inciden C and safety precautions and prog 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 any materials Environmental Condition created h Contractor Subcontractors, brought to the Site by 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) Sto all Work in connection with such condition and required ar ea affected thereby (except in an emergency 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 uate such condition or take corrective i to action, if any. evai E. Contractor shall not be required to affec Work in connection with such condition o nand ermi d area until after Owner has obtained any q p related thereto and delivered to Contractors affected a�ea is (i) specifying that such condition and any or has been rendered safe c onditions ni under which such (ii) specifying any special 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 byContractor, s i , either arty may make a Claim therefor as p r F. If after receipt of such written notice Contractor does not agree to resume such Work bad on a reasonable belief it is unsafe, or does not agree resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot s ----- d Geneo entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Ti es as a par t of deleting such portion of the Work, then may make a Claim therefor as provided in Paragraph 10,05. o 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 employees, agents, officers, directors, partners, of them consultants, and subcontractors o f e an d an damages from an again all claims, c os t s , Of (including but not limited to all fees and frig ovals engineers, architects, attorney and and all court or arbitration or other dispute a Hazardous costs) arising out of or relating 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 sco oi by the Work, and (ii) was not created by an for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against, theconse quences of that individual's or entity's own neglige H, To the fullest extent permitted by Laws and Regulations, C s hall the nify rsaddecto l d harmless Owner and Eng ine consultants, and partners, employees, agents, subcontractors of each and any of the 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 fo W�Qm'Contracitor created by Contractor or by any is responsib Nothing i 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. 1. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain becomes until one year after the date when final pa ms pecifie d due or until completion nd pletion of the correction p al Conditions of the l onsLru��„ All " Aahts reserved. EJCDC C -700 an Engineers for EJC Copyr d 2002 National Society of Pro es a 1 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; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other 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 ext of a ny EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 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 5.07.8 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.B. 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 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds 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 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 techniques, sequences, and procedures a 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 wri consent (which will not be unreasonably withheld) g 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. EJ 0.700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Profession Engineers g ngineers for E,ICDC. All rights reserved. 00700 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 C 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 o f a other contractors affected by py change, B. Substitute Construction Metho+ or Proce- dures: If a specific means, method, techniq e, sequence, or procedure of construction is expres f rn u b t e Contract Documents, Contractor may substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient informatjon 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 each allowed a reasonable time within which to 0 val 6.05 A proposal or submittal made pursuant to Paragraphs and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed sub$titute item. Engineer will be the sole judge of acceptab`lity. Na "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, wh�ch 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 i�ay require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with aspect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor ursuant to Paragraphs 6.05.A.2 and 6.05.13 Whether or �ot Engineer approves a substitute item so proposed or ubmitted by the Contractor, Contractor shall reimburse Omer r charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer f 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 6.06.8), 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 indi vidual or EJCDC C -700 Standard General Conditions of the Construction Contract. C.onvriaht @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 0 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 cons and ment, the storage of materials and eq the operations of workers to the Site and andot er ar permitted by Laws and Regulations, unreasonably encumber the Site and other areas went. 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 oc ul n t thereof e °perfo °mince of the Work land or areas Work xes g 2. Should any claim b r m odrna ce of the W° k, a n y s uch or occupant because of t h e p f 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 thec icersndirectors, partners, employees, agents, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (clu ag no t h l to all fees and c harges n e n g in eer s, all court or attorneys, and other professionals 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 an d disposal of such a pp li c abl e aste ma terials, Laws and rubb ish, tionser debris shall conform to 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 to machinery, and surplus materials and s hall designated restor for alteration by original con dit ion y t Contract Documents. v ur"c C - 700 Standard General Conditions of the f 0 F iCDC All rights reserved. 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 change e her with construction. These record documents all approved Shop approved Samples and a counterpart Drawings will be available to Engineer for reference. Sam c o and Shop Drawings th gswi lbe delivered to Engi- Samp > neer for Owner. 6.12 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- k. tions and programs in connection rwith th s for the Contractor shall take all necessary precauti to safety of, and shall provide the necessary p ro 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, roadway for removal, r relocation e or� not designated ep acement 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 when Underground Facilities and other utility owners shall prosecution of the Work may affect them, and 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. ontra tor, directly or indirectly, in wh ol e o � oathe by individual or any Subcontractor, Supp lier , any to ed by any of them to entity directly or indirectly emp y 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- 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 ahem 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 Draw ing Peach such t to Engineer for review and approval 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 d compatible with the design concept of the comp as a a functioning whole as indicated by the Contract ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, art color procedures of construction (except where particula of con - means, method, technique, sequence, or procedure struction is specifically and expressly called for by the Contract Documents) or to safety precautions of utv a separate incident thereto. The review and app 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 6.17.0.3 and Engineer has specific given written approval of each such variation by 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 6.17.0.1. 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 v than th corrections called for by Engineer on p submittals. 6.15 Continuing the Work A. Contractor shall carry on the Work and adhere d ' 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 D Entities shall b t defective. Related 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 in 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 elated thereto by Engineer or apayment 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, 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 co of to the Progress Schedule using EJCDC C -700 Standard General Cond aiveers forEJCDCn A All rlghts reserved. 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. who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.25 shall appear on all drawings, cafculations, 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 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 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable u hher contractor as a disruption costs incurred by 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. g,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 Msur- 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 13.03.8. EJCDC C -'700 Standard General Conditions of the Construction Contract. t, wiw. National Society of Professional Engineers for EJCDC. All rights reserved. 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 limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws . and Regulations applicable to the performance of the Work. 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 9.05 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 delega 6 21 of professional design services, if any, see Paragraph 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 b final and binding (except as modified by Engineer Upon Oawner and factual conditions , subject o the provisions data) s onsof Upon 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 t tor, subject to the provisions Co n of Paragraph 10.05. Co D. When functioning as interpreter and judge E 'neer 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 Engineer Contract Documents nor any decision made by in good faith either t 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 an iri er to contract, tort, or otherwise owe y Contractor, any Subcontractor, any Supplier, E E 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 proced e 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 ly be o deter imn e generally that their content comp 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 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 under this Paragraph 9.08, ngt r "nn c +�,.aard General Conditions of the Construction Contra *t• Y Prved. 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 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). 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 10.05.0.3 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 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 F. No Claim for an adjustment in Contract Price ar 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.B, 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.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications ag reed shall up by Jude, Owner and Contractor. Such employ 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, sha be included in the above to the extent authorized by O 2. Cost of all materials and equipment furnished Of and incorporated in the Work, including hcost e ll t and storage thereof, and Supplier upp 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 returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain OcompT titive 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, testinemployed a bratories, surveyors, attorneys, and accountants) 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 shall cease when the ment, machinery, or p at use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which on tractor is liable, imposed by Laws and Reg e. Deposits lost for causes other than negligence of Contractor, any Subcontr of them or directly or indirectly employ b any Y for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f, Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragr 5.06.1)), provided such losses and damag h bids trom suuk ullu a. � ,. __ EJCDC C -700 Stand General Conditions o e o _a vrnPec,onal Engineers for EJCDC. All rights reserved. dar 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 11.01.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 11.01.8. C. Contractor's Pee: 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 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 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 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.8.2, 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.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0I.A.1 and I1.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph I1.01.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 12.01.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 11.0 LA. I and 11.0LA.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 11.01.A.4, 11.01.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 12.01.C.1a through 12.0I.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted 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 Q 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. 1104 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 rnay be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 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 0 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 14.02.132. 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. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor 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 certificate of Substantial 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 particula in which this inspe ction reveals EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright (9 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 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 5.04.8.7; 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' other obligations 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 (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-39 3. c omplete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph any 15.02.13, Contractor shall not be entitled toeted receive f the further payment until the Work is comp l unpaid balance of the Contract Price bexceeds rimi ed t all costs, losses, and damages (including of fees and charges and all court Or architects, attorneys, arbitration Or Other other professionals Owner arising out dispute resolution casts) sustained by of or relating to completing the Work, scosts, excess will losses, paid to Contractor. If such claims, Contractor shall damages exceed such unpaid balance, costs, losses, pay the difference to Owner weer claims, 1 be reviewed by and damages incurred by when so Engineer as to their r n a aChange Order, approved by Engineer, incorp When exercising any rights or m ed eeo under min this P Owner shall not lowest price for the Work p erformed. D. Notwithstanding Paragraphs 15.023 and 15.02.0, Contractor'tservices n days of receipt f terminated notice w ill not be Contractor begins w Perform and of intent to terminate to correct its failure to rey tt of said notice. lure within no more proceeds diligently to cure such than 30 days of 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 Co provided hof provided a performance band und oce t dure of that bond Paragraph 5-01A the termination p rap hs 15.02.13, and shall supersede the provisions of Parag p 15.02.C. 15.03 Owner May Terminate For Convenience n seven days written notice to Contractor A. Upo and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case m o }tractor shall be paid for (without duplication of any 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the fair and effective date of termination, including reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing materials, or equipment as required by the Contract labor, innection with uncompleted Work, plus Documents In co fair and reasonable sums for overhead and profit an such expenses; 3. all claims, costs, losses, and damages (including but not limited to all nfees a professionals engineers, architects, attorneys, and all court Or settlement of terminated contracts u wi h costs) incurred 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. 1504 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 ubl days by Owner or under an ° f 1Is to of a court o any App1 public ation authority, or (ii) Engineer for Payment within 30 days after it is submitted, or (iii) Con Owner fails for 30 days to pay tractor 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. h e o Co tract and remedy, if without prejudice to any other rg Engineer has failed to act on an Application for Payment within 30 days after it is submitte allY y determiined Pay Contractor any for 30 days to p Y en days after written notice seven to be due, Contractor may, the Work until payment is to Owner and Engineer, stop made of all such amounts due Contractor, c .04 interest thereon. The provisions of this Paragraph are not intended to preclude Contractor from along in Claim under Paragraph 10.05 for an adjustment Contract Price ore directly attributable to otherwise ontractors expenses or damag ermined by this Paragraph. stopping the Work as p ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner mediation of any Claim decision under Paragraph becomes final and bind or Contractor may request submitted to Engineer for a 10.05 before such decision „Q. The mediation_ w ill by Professional Engineers for EJCDC. All rights reserved. EJCDC 0 700 d Gener Standaral Conditions of the C -- onstruction All Contract. rig c . 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 Q 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 15.023, 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 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by, the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May 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 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 0 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 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15.02.0. 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 malting 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 wi be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C9 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.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of 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 Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41 Pe i Bond i• • 92931449 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 Veit & Company, Inc. of Business): 14000 Veit Place Rogers, MN 55374 Western Surety Company OWNER (Name and Address): 101 S. Phillips Avenue City of New Hope Sioux Falls, SD 57117 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Date: December -2, 2003 Amount: One Hundred Sixty -Nine Thousand Four Hundred Three and 50/100's Description (Name and Location): 9200 49th Avenue Pond Improvements Project City Project #597, File 934 - - 820 (PO Box 5077 ($169,403.50) BOND Date (Not earlier. than Contract Date): December 3, 2003 Amount: One Hundred Sixty -Nine Thousand Four Hundred Three and 501100's ($169,403.50) 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 Western Surety Company Company: & (Corp. eal) Company: (Corp. Seal) Signature: Signature: �� , Name and Title: t „ „ Name and Title: Heidi L. Bramia, ) (Attach Power of Attorney) Attorney -In -Fact. (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp, Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name. and Title: EJCDC No. 1910 -28 -A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Cona of America, and the American Institute of Architects. 281 -99 -100 1910- 28aEJCDC PERFORMANCE BOND 00610 -1 I . 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 Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the 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, the Surety's obligation under this Bond shall arise after: 3.1. The OWNER has notified the CONTRACTOR and the Surety at the addresses 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 Contract. If the OWNER, the CONTRACTOR and the Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the 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 paragraph 3.1; and 3.3. The OWNER has agreed to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the terms of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 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 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 completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER' 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 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 Default; or 4.4. Waive its tight to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances; ,a.4.1 After investigation, determine the amount for which it may be liable m he OWNER and, as soon as practicable after the amount is determined, render payment therefor to the OWNER; or 4.4.2 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 paragraph 4.4, and the OWNER refuses the payment tendered or the Surety has denied pliability, in whole or in part, without further notice the OWNER shall be entitled to enforce any remedy available to the OWNER. 281 -99 -100 1910- 28aEJCDC 6. After the OWNER has terminated the CONTRACTOWs right to complete the Contract, and if the Surety elects to act under paragraph 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 Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Contract. To a 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 Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of defective Work and completion of the 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 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 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 the 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 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 Contract was be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be. deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by the OWNER to the CONTRACTOR under the 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 Contract. 12.2. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. OWNER Default: Failure of the OWNER which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Contract or to perform and complete or comply with the other terms thereof. 00610 -2 (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER OWNER'S REPRESENTATIVE (Engineer or other party): Osborne & Associates 420 Gateway Boulevard Burnsville, MN 55337 (952)707 -8238 PERFORMANCE BOND POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. WESTERN SURETY COMPANY SyRETy ?W' T ��pi �tH pR� Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 8th day of August, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires s`''' ''`""'`'`'`'''''`'i'`'Oj''`""'" "4h + D. KRELL r November 30, 2006 f NOTARY PUBLIC s�SOUTH DAKOTA( SEAL f f 'fhYhhh4bStih bh�a6b4bA<s4gbb ¢ Ila k D. Krell, Norary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd day of December 2003 aErr�o� WESTERN SURETY COMPANY MrQ? jk5 W" CA W�TN 0 L. Nelson, Assistant Secretary Form F4280 -01-02 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 Payment-Bond Bond No. 929314493 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 Veit & Company, Inc. of Business): 14000 Veit Place Rogers, MN 55374 Western Surety Company , OWNER (Name and Address): 101 S. Phillips Avenue (P0 Box 5077) City of New Hope Sioux Falls, SD 57117 4401 Xylon Avenue North - New Hope, MN 55428 CONTRACT Date: December 2, 2003 Amount:One Hundred Sixty —Nine Thousand Four Hundred Three and 50 /100's ($169,403.50) Description (Name and Location): 9200 49th Avenue Pond Improvements Project City Project #597, File 434 -98 -820 BOND Date (Not earlier than Contract Date): December 3, 2003 Amount: One Hundred Sixty —Nine Thousand Four Hundred Three and 50 /100's ($169,403.50) 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 Western Surety Company Company: Vet `t Comp ny, I� (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title L p l . _r?.J C4 fizz. Name and Title: Heidi L. Bramle 1 v p (Attach Power of Attorney) - " Attorney —In —Fact (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Seal) Signature: Signature: Name and Title: Name and Title: EJCDC No. 1910 -28 -B (1996 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. ?81 -99 -100 910- 28bEJCDC PAYMENT BOND 00620 -1 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 perfortance of the 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 2.2. 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 Contract, provided the OWNER has promptly notified the CONTRACTOR and the 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 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 addresses 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 corrununication from the CONTRACTOR by which the 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 the Surety 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. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any 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 Contract are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use time funds for the completion of the Work. 281 -99 -100 1910- 28bE3CDC 9. The Surety shall not be liable to the OWNER, Claimants or others for obligations of the CONTRACTOR that are unrelated to the 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 Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the 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 the Surety, the OWNER or the CONTRACTOR shall be mailed or delivered to the addresses 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 Contract was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from 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 of any person or entity appearing to be a potential beneficiary of this Bond, the CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR or with a Subcontractor of the CONTRACTOR to famish 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 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 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 Contract or to perform and complete or comply with the other terms thereof. PAYMENT BOND 00620 -2 ! ! `r POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gordon D Olsen, Kathryn A Dircz, Cathy Albachten, Dennis G Diessner, Veronika Petersen, Mark N Kampf, Donald L Kuplic, Kathleen L Lundquist, Heidi L Bramley, Individually of Burnsville, MN, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 8th day of August, 2003. State of South Dakota ss County of Minnehaha t, WESTERN SURETY COMPANY _W' rep C A N Z�4_'40 - '", q "`' Paul . Bruflat, Senior V�Preident On this 8th day of August, 2003, before me personally came Paul T. Bmflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires i s D. KRELL s November 30, 2006 sE t NOTARY PUBLIC Fr►s i (R DAKOTA }yy"hbyy444bhh4 `f D. Krell, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3rd -- day of December 2003 ,�+ , � �" � � ,p �Cr "�, WESTERN SURETY COMPANY 4 "T -", Qry y - eSEp�.rr L. Nelson, Assistant Secretary Form F4280 -01 -02 Authorizing By -Law This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. RMOM In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies ") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable surety /insurer deductible. Form F7310 Contract No: SG-03 -122 METROPOLITAN ENVIRONMENTAL PARTNERSHIP GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council ") and the City of New Hope (the "Grantee "), each acting by and through its duly authorized officers. WHEREAS, on November 12, 1998, the Council approved an Environmental Partnership Memorandum of Understanding which commits the Council to establish a program to provide financial assistance to reduce, control, and prevent nonpoint sources of pollution to metropolitan area lakes, rivers and streams. with a focus on the Mississippi, Saint Croix, and Minnesota Rivers, and WHEREAS, pursuant to this commitment, the Council has established the Metropolitan Environmental Partnership ( "MEP ") Grant Program which provides grants to implement and evaluate projects designed to address nonpoint source pollution problems or control measures; and WHEREAS, the Grantee has submitted an application for, and is eligible to receive, a MEP Program Grant; and WHEREAS, the Council has reviewed Grantee's application and desires to assist the Grantee by the award of a MEP Program Grant. NOW, 'THEREFORE, the Council and the Grantee agree as follows: I. GRANTEE PERFORMANCE OF GRANT PROJECT 1.01 Grant Project Activities. The Grantee agrees to perform and complete in a satisfactory and proper manner the grant project as described in the Grantee's application for grant assistance, incorporated in this agreement by reference, and in accordance with the terms and conditions of this agreement. Specifically, the Grantee agrees to perform the Work Plan activities described in Exhibit A, which is attached to and incorporated in this agreement. The Grantee may engage contractors to perform Work Program activities with prior approval of the Council. However, the Grantee retains primary responsibility to the Council for performance of the grant project. 1.02 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated in this agreement by reference. II. AUTHORIZED USE OF GRANT PROCEEDS AND MATCHING FUNDS 2.01 Authorized Uses. The Grantee is authorized to use the grant funds only in payment of the Iine item costs, with no greater than a ten percent (10 %) variance from the budgeted line item cost, as specified in Exhibit B which is attached to and incorporated in this agreement. No other use of grant funds is permitted. Grant and matching funds may be used only for costs directly associated with grant project activities or to prepare the Work Plan (Exhibit A). 2.02 Unauthorized Uses of Grant Proceeds. Grant funds cannot be used to purchase land, buildings, or other interests in real property, or to pay overhead or indirect costs, legal fees, or permit, license, or other authorization fees, unless specifically approved in advance by the Council's Grant Manager. 2.03 Reversion of Unexpended Funds. All funds granted by the Council under this agreement that have not been expended for grant activities taking place during the Project Activity Period shall revert to the Council. 2.04 Project Equipment and Supplies. Grant and matching funds may be used to purchase or lease equipment, machinery, supplies, or other personal property directly necessary to conduct the grant project. The Grantee will comply with the personal property management requirements described in paragraph 7.11 of this agreement. III. GRANT AMOUNT AND DISTRIBUTION 3.01 Total Grant Amount. The Council shall pay to the Grantee a Total Grant Amount of $90,000. Provided, however, that in no event will the Council's obligation under this agreement exceed the lesser of: a. the Total Grant Amount of $90,000; or, b. seventy -five percent (75 %) of actual total grant project expenditures. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee in performance of the grant project. 3.02 Grantee's Match. The Grantee has an obligation under this grant agreement to share in the costs of the project by providing at least a twenty-five percent (25 %) cash or in -kind match. Accordingly, the Grantee agrees to provide at least $30,000 in matching funds during the Project Activity Period. The Grantee agrees that there will be no reduction in the monetary amount of match unless there is at the same time a proportionate reduction in the Total Grant Amount. 3.03 Distribution of Grant Funds. Grant funds will be distributed by the Council as follows: a. Along with each quarterly report as provided in paragraph 5.0 1, Grantee shall submit a reimbursement request for all expenditures made during the quarter in accordance with the grant project. The reimbursement request must include a summary itemization of expenditures for which reimbursement is requested. Full documentation evidencing the expenditures, as described in paragraph 4.01, will be available for audit on the Grantee's premises upon request, in accordance with paragraph 4.03. b. Reimbursable expenditures include only: 1. Direct staff costs figured on the current hourly rates of pay for all personnel employed by the Grantee in providing services for the grant project for the hours actually worked and paid to the personnel; and an amount in compensation for such employees' fringe benefits attributable and allocable to such hours. 2. Costs for equipment, supplies, and subcontracted services used in the grant project. To the extent feasible, such equipment, supplies, and services must be obtained through competitive quotes, competitive bidding, or other competitive process that gives assurance that the costs incurred are reasonable. -2- Upon review and approval of the reimbursement request, the Council will distribute to the Grantee the approved reimbursement request amount. However, no payment will be made which would cause distribution of grant funds to exceed the limits in section 3.01. No payment will be made if the Grantee is not current in its reporting requirements under article V. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. IV. ACCOUNTING AND RECORD REQUIREMENTS 4.01 Documentation of Project Costs and Income. All costs charged to the grant project, whether paid with grant proceeds or charged as the Grantee's match, must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Accounts and Records. The Grantee agrees to establish and maintain accurate, detailed, and complete separate accounts and records relating to the receipt and expenditure of all grant funds and the Grantee's Match required by this agreement, including all project documents, financial records, supporting documentation, and the property records required by paragraph 7.11. These project accounts and records shall be retained intact by the Grantee for at least six (6) years following the end of the Grant Period set forth in paragraph 6.02, below. Records relating to the installation, operation, and maintenance of best management practices must be maintained for at least three (3) years beyond the design or useful life whichever is longer. These requirements shall survive closeout of the grant agreement. 4.03 Audit. The Grantee agrees to keep and maintain books, records, documents, and other evidence pertinent to its performance under this agreement in accordance with generally accepted accounting principles and practices, consistently applied. Such books, records, documents and other evidence will be maintained until the latest of: a. Complete performance of this agreement; or b. Six (6) years following the Grant Period; or c. If any litigation, claim, or audit is commenced during said six (6) year period, when all such litigation, claims or audits have been resolved. During the time of such maintenance, authorized representatives of the Council (and the Legislative Auditor and/or State Auditor in accordance with Minn. Stat. 16C.05, subdivision 5) will have access to all such books, records, documents, accounting practices and procedures, and other evidence for the purpose of inspection, audit, and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection. These requirements shall survive closeout of the grant agreement. V. REPORTING AND MONITORING REQUIREMENTS 5.01 Quarterly Reports. Grantee shall submit quarterly reports to the Council for review and approval. Each quarterly report is due within thirty (30) days after the end of each calendar quarter. Each quarterly report shall include a detailed summary of completed work activities and project expenditures, including a comparison of actual activities and expenditures against planned activities and projected expenditures. The Council may prescribe the format of such reports. -3- 5.02 Final Report. Upon completion of the project and not later than two (2) months after the end of the Project Activity Period, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the project and containing a final accounting of grant and matching expenditures. The final report must include a list of project personal property as required by paragraph 7.11. 5.03 Content of Reports. The Grantee agrees to report completely and to proN ide the Council with any additional or follow -up information as may be requested by Council staff. 5.04 Copies. The Grantee agrees to provide copies of the reports specified in paragraphs 5.01 and 5.02 to organizations and individuals upon request during the Grant Period. 5.05 Other Monitoring Activities. To assist the Council in monitoring compliance « the grant agreement, the Grantee agrees to attend Grantee meetings as requested by Council staff and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the grant project disseminated by the Grantee during the Grant Period. 5.06 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, local law, or any other event that may affect the Grantee's ability to perform the grant project in accordance with the terms of this agreement. 6.01 Project Activity Period. The Grantee agrees to complete the work program activities described in Exhibit A by no later than March 1, 2006 (the "Project Activity Period" end date). Grant funds may not be used by Grantee to reimburse costs for any project activities taking place before this agreement is effective or after the end of the Project Activity Period. However. gran; funds may be used by Grantee to reimburse costs for Work Plan (Exhibit A) preparation activities which occurred after receipt by Grantee of written notice from the Council of the award of this grant but before the effective date of this agreement. 6.02 Grant Period. The Grant Period shall extend from the effective date of this agreement to a date three (3) months following the end of the Project Activity Period, to permit closeout of the grant agreement. VII. GENERAL CONDITIONS 7.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 7.02 Termination by Council. The Council may terminate this grant agreement at any time by providing Grantee written notice of such termination at least thirty (30) days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for grant project activities in accordance with this grant agreement which were incurred prior to the effective date of the tem.ination, not exceeding the Total Grant Amount. 7.03 Noncompliance by Grantee. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) days' written notice to the Grantee and upon failure of the Grantee to cure the default within the seven -day period. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the -4- Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 7.04 Unauthorized Use of Grant Proceeds. Upon a finding by Council staff that the Grantee has made an unauthorized or undocumented use of grant proceeds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 7.05 Indemnification. The Grantee assumes liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents. from and against all losses, damages, expenses, liability, claims, suits, or demands, including without limitation attorney's fees, arising out of, resulting from, or relating to the performance of the grant project by Grantee or Grantee's employees, agents, or subcontractors. 7.06 Public Data. The Grantee agrees that the results of the grant project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. 7.07 Equal Employment Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this project because of race, color, creed, religion, national origin, sex, marital status. status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 7.08 Acknowledgment. The Grantee shall appropriately acknowledge the grant assistance made by the Council in any promotional materials, reports, and publications relating to the grant project. 7.09 Compliance with Law. The Grantee agrees to conduct the grant project in compliance with all applicable provisions of federal, state, and local laws. The Grantee is responsible for obtaining and complying with all local and state permits, licenses, and authorizations necessary for the grant project. 7.10 Council's Grant Manager. The Council's Grant Manager for purposes of administration of this agreement is Joe Mulcahy, or such other person as may be designated in writing by the Council's Regional Administrator. However, nothing in this agreement will be deemed to authorize the Grant Manager to execute amendments to this grant agreement on behalf of the Council. 7.11 Personal Property Management. Title to all personal property acquired with grant or matching funds shall remain with the Grantee during the Grant Period. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the personal property free and clear of any liens, encumbrances, or other claims. The Grantee must maintain property records that include, at a minimum, a description of the property, a serial or other identification number, the acquisition date and cost, and the location, use, and condition of the property. In the final report required by paragraph 5.02, the Grantee shall include a list of all personal property acquired with grant and matching funds which was not expended in performance of the grant project. At the end of the Grant Period, the Grantee agrees to transfer title to all personal property acquired in whole or in part with grant funds to the Council, at the Council's option, at no charge. The Council reserves the right to direct 52 appropriate disposition of all personal property, acquired in whole or in part with grant funds, which has not been expended in performance of the grant project. During the Grant Period, the Grantee bears the risk of loss of, damage to, or destruction of any personal property acquired with grant or matching funds. No such loss, damage, or destruction shall relieve the Grantee of its obligations under this agreement. The Grantee agrees to maintain personal property acquired with grant or matching funds in good operating order. If, during the Project Activity Period, any project personal property is not used in performing the project, whether by planned withdrawal, misuse, or casualty loss, the Grantee shall immediately notify the Council's Grant Manager. Unless otherwise approved by the Council's Grant Manager, the Grantee shall remit to the Council a proportional amount of the fair market value of the item(s), if any, determined on the basis of the proportion of Council grant funds used to acquire the item(s). 7.12 Effect of Project Closeout. The Grantee agrees that project closeout does not invalidate continuing obligations imposed on the Grantee by this agreement. Project closeout does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. Date 12/8/03 Date I2 6 (1 _ File Name: MEP — Large Grants Revision: 3/00 GRANTEE city of New xo,:�p By Y % �r - 't.e =7 Name W. Peter Enck Title Mayor METROPOLITAN COUNCIL By Keith Buttleman, Assistant General Manager Environmental Quality Assurance Department IN • ► �. ,' • City of New Hope Coordinated Water Quality Project at 9200 -49 Avenue Work Plan for 2003 MEP Grant November 4, 2003 Work Program 1. DNR Permit Extension The City of New Hope received a permit from the DNR for this project in 2002. The time limit for the permit has expired, and the City has contacted the DNR regarding an extension. The plans for the project have not changed from those approved previously, and the City's discussions with Tom Hovey, Area Hydrologist, indicate that there should be no problem in extending the permit. Completion date: November, 2003 2. Pond Construction The City will construct a multicell water quality pond system on the proposed site. The total area of the ponds is approximately 1 acre. A wetland channel will be constructed to connect the ponds and provide additional water quality treatment to water leaving the ponds before it enters the DNR Protected Wetland. The ponds will be created by excavating approximately 13,000 cubic yards of soil, and grading and shaping the ponds and wetland channel, as shown in the project plans. (Project plans attached.) The excavation and shaping activities will occur during Winter, 2003 -4, when it will be easiest to use construction equipment on the soils with minimal impact to the wetland and its habitat. Tasks included in pond construction include design of the ponds and channel system, development of plans and cost estimates, project bidding, construction, construction inspection, and grant administration. Completion date: April, 2004 3. Pond Planting and Restoration The pond and areas disturbed by construction will be planted to improve the habitat provided by the large existing wetland and open space areas. Proposed plantings include several species of native trees, several species of shrubs, and several species of wetland plants, which will be planted along the edges of the new ponds. Plantings will also include two native grass and forb EM seed mixes —one a prairie sedge meadow mix for areas adjacent to the ponds, and the other an upland prairie mix for the remaining disturbed areas of the site. Tasks include completion of final planting design, purchase and installation of plant materials, site inspection during planting, monitoring, and maintenance, to ensure success of the plantings. Completion date: Planting, May -June, 2004 Monitoring and maintenance, 2004 -2005 4. Water Quality Monitoring The City will complete water quality monitoring activities to determine the success of the ponds in removing sediments and common pollutants from storm water before it enters the adjacent wetlands. We will take grab samples during storm events at the inflow and outflow of the new ponds eight times between March 15 and October 15, 2005, after completion of pond construction and planting. The samples will be sent to a lab to measure concentrations of the following pollutants: solid and dissolved phosphorus, total suspended solids, and total nitrogen. We will calculate the differences between inflow and outflow, and summarize the findings regarding the success of the ponds in a report to the Metro Council and Watershed District. The report will be completed by the end of November, 2005. Completion date: November, 2005 5. Public Education The City will complete the following public education activities in the watershed area of the Athletic Field wetlands and new ponds: • Provide a workshop /information session for commercial property owners regarding the operation of the ponds and actions they can take on their properties to improve water quality in downstream waters • Provide a workshop for local residential property owners regarding storm water management in their area, the new ponds, and actions they can take on their own properties to improve water quality in their home watershed. • Provide classroom information to science classes at Cooper High School regarding local storm water management, the new ponds, and actions watershed residents can take to improve water quality. • Complete and install informational signs in the park area adjacent to the wetlands that describe the water quality functions of the ponds, the native plantings, and the roles that wetlands and native plantings play in water quality improvement. Completion date: November, 2005 EVI City of New Hope Coordinated Water Quality Project at 9200 -49 Avenue Budget for 2003 MEP Grant November 4, 2003 Tasks Completed Through October, 2003 Task Date City Grant Property acquisition 2002 $ 65,000 Soil borings 2002 $ 3,000 Design /Engineering 2002 -3 $ 15,200 Tasks October, 2003 — December 2005 1. DNR Permit extension Nov 2003 $ 500 2. Pond construction ., Winter, 2003 -4 $ 130,000 $72,000 Excavation 18,000 cu yd Grading /Shaping of multicell pond Create berm Engineering /Inspection /Grant Administration $ 21,800 $ 5,000 3. Pond planting and restoration Spring, 2004 $ 14,000 $ 4,000 Plant pond and disturbed areas with native wetland and upland seed, trees, and shrubs 4. Water quality monitoring Spring -fall, 2005 $ 5,000 Take grab samples with storm Report, 11/2005 Events, analyze, and complete report. 5. Public Education Signs -fall, 2004 $ 1,000 $ 4,000 Provide workshops, Workshops- spring, complete and install 2005 I Informational signs at site. TOTALS $ 250,500 $ 90,000 PROJECT TOTAL $ 340,500 E