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IP #774
For the full report on this improvement 0 project, refer to the City Council agenda 1 0 0 Planni Commission agenda packets. PROJECT NO. 774 Regional Po nd at St. Joseph's Church Item 8.4 6/28/04 Motion authorizing preparation of a feasibility report for a regional pond the St. Joseph's church site Item 8.5 7/26/04 Presentation of Feasibility report for proposed regional pond; motion accepting the feasibility report (improvement project no. 774) Item 6.7 9/13/04 Motion authorizing preparation of plans and specifications for a regional pond at the St. Joseph's Church site (improvement project no. 774). Res. 04 -167 9/27/04 Resolution approving plans and specifications and ordering advertisement for bids for the St. Joseph's Church site regional pond (improvement project no. 774) Res. 04 -180 10/25/04 Resolution ordering construction of and awarding contract for the St. Joseph's Church site regional pond to Nord Excavating for $116,998 (improvement project no. 774) Res. 07 -126 9/10/07 Resolution to accept the St. Joseph's Church site regional pond and approve the final payment request (improvement project no. 774) Res. 07 -138 9/24/07 Resolution to accept the St. Joseph's church site regional pond and approve the final payment request (improvement project no. 774) C C)T TNC IT. Originating Department Public Works Johnson Approved for Agenda October 25, 2004 Agenda Section Development & RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR THE ST. JOSEPH'S CHURCH SITE REGIONAL POND (IMPROVEMENT NO. 774) Item No. REQUESTED ACTION Staff requests approval of a resolution ordering construction and awarding the contract to the low and responsible bidder, Nnrri Fyravntinrn Inn in the amount of $116.998. The contract is for the construction of a new regional water quality pond on the St. Joseph's Church site. POLICYIPAST PRACTICE A new regional water quality pond for this location is part of the city's 1996 Surface Water Management Plan. BACKGROUND The original 1999 feasibility report for the 36th Avenue infrastructure improvement included storm water improvements at the St. Joseph's Church site. The improvements included a new regional water quality pond and a new storm water system to and from the pond. At that time it was determined that the installation of a new storm water pipe on the west side of the church property, and the construction of the pond, would need to take place at the same time as a proposed addition to the church. The installation of the new storm water pipe took place while the church constructed their addition. Afterwards, the church received plan approval from the city and the Bassett Creek Water Management Commission (BCWMC) for a future housing development on an out lot in the southwest corner of their site. The Commission also approved the city's request to delay the construction of the new regional pond at that time. The city requested that the pond construction be delayed to allow for coordination with the proposed housing development and possible funding options through the Commission's Capital Improvement Program (CIP) in the future. The new regional pond project was adopted as part of the Commission's CIP on September 16, 2004. At that time, the Commission also passed a resolution ordering the regional pond project. With the regional pond being part of the Commission's CIP, funding assistance for construction of the pond is in place if the city approves the construction of the project, awards a contract, and approves a cooperative agreement with the Commission. Council authorized the preparation of plans and specifications on September 13, 2004, and approved the plans and specifications on September 27, 2004. Bids were opened on October 20, 2004. MOTION BY TO: SECOND BY FRFA \Pnhwnrks \9n04 \774 Award St. Joe's Awarding St, Joseph's Pond October 25, 2004 Page 2 FUNDING The engineer's total cost estimate was $182,700 for construction of the new regional pond. The city will pay all of the expenses related to construction of the new pond. Funding will be through the city's storm water fund and the Commission's CIP. The Commission will receive funding from a Hennepin County ad valorem tax levied throughout the entire BCWMC watershed. The Commission will attempt to secure an $182,700 payment from the county. The Commission's reimbursement to the city will be the amount the Commission receives from the county, less any Commission expenses. In addition, storm water pond fees of $44,000 have been received from St. Joseph's Church, and the Hillside Terrace housing development on the Church's out lot will also be required to pay $30,250 towards the regional pond. ATTACHMENTS The engineer's memorandum, a resolution ordering the project and awarding the contract, and a copy of the bid tab are attached. RESOLUTION NO. 04 -180 RESOLUTION ORDERING CONSTRUCTION OF AND AWARDING CONTRACT FOR THE ST. JOSEPH'S CHURCH SITE REGIONAL POND IMPROVEMENT PROJECT NO. 774 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 a new regional water quality pond on the St. Joseph's Church site, including a new storm water system to and from the pond, identified as Public Improvement Project No. 774, (hereafter Project). This project has been adopted as part of the Bassett Creek Water Management Commission's (BCWMC) Capital Improvement Program and as a result will permit the City to obtain funding assistance for construction of the pond if the City enters into a Cooperative Agreement with the BCWMC. 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 Councils 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 duly and lawfully published in the New Hope- Golden Valley Sun -Post, the official newspaper of the City and in The Construction Bulletin. 3. That bids for the construction of the new regional water quality pond on the St. Joseph's Church site, including a new storm water system to and from the pond, identified as Public Improvement Project No. 774 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North on October 20, 2004, as heretofore authorized by this Council. 4. It is hereby found and determined by this Council that the bid of Nord Excavating Incorporated for the construction of said project in the amount of $116,998.00 is the lowest responsible bid submitted for the construction of said improvement; 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. 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 Nord Excavating Incorporated, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. —1— Adopted by the City Council this 25 day of October, 2004. Do C ier, Mayor Attest: 7'L� Valerie Leone, City Clerk P:\Attorney \Cnh Resolutions\CNH99- 10030 - 011 -reso ordering proj and awarding contract project 774.doc —2— Bonestroo Rosene Anderlik & Associates Engineers & Architects October 20, 2004 2335 West Highway 36 . St. Paul, MN 55113 Office: 651-636-4600 - Fax: 651-636 -1311 www,bonestroo.com Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Saint Joseph Regional Storm Water Pond Project City Project No. 774 File No. 34 -04 -1.64 Recommendation of Contract Award Bids were opened for the Project stated above on Wednesday, October 20, 2004 at 9 A.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder. There were a total of 12 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Nord Excavating, Inc. with a Base Bid of $116,998.00. Please note that the excavation quantities are subject to change due to the amount of borrow used for the Hillside Terrace Development site grading. These Bids have been reviewed and found to be in order. All of the above Contractors have proven they are capable of performing the work associated with this type of Project. If the City Council wishes to award the Project to the low Bidder, then Nord Excavating, Inc. should be awarded the Project on the Base Bid Amount of $116,998.00. Should you have any questions, please feel free to contact me at (651) 604 -4790. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. St. Paul, St. Cloud, Rochester, Willmar, MN a Milwaukee, Wl • Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned Contractor Bid Amount Low Nord Excavating, Inc. $116,998.00 #2 Park Construction Company $117,186.54 #3 Veit & Company, Inc. $133,961.00 #4 Carl Bolander & Sons Co. $142,750.25 #5 Arnt Construction Co., Inc. $152,050.40 #6 Sunram Construction, Inc. $152,572.00 #7 Doboszenski & Sons, Inc. $153,875.25 #8 Jay Bros., Inc. $156,626.50 #9 F. F. Jedlicki, Inc. $182,985.50 #10 Forest Lake Contracting, Inc. $188,695.00 #11 Frattalone Companies, Inc. $192,882.50 #12 Northwest Asphalt, Inc. $213,448.99 The low Bidder on the Project was Nord Excavating, Inc. with a Base Bid of $116,998.00. Please note that the excavation quantities are subject to change due to the amount of borrow used for the Hillside Terrace Development site grading. These Bids have been reviewed and found to be in order. 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C: m >1 (D �� '0 LL co - E 0 =3 0 7 0 a. a) (D < C/) ?: - 0 :9 0 cu m 0 N < E cu ca z 12 0 O co cn m C) Bonestroo Rosene Anderlik & Associates Engineers & Architects October 26, 2004 Mr. Dale Nord Nord Excavating, Inc. 15265 - 209th Ave. NW Elk River, MN 55330 2335 West Highway 36 e St. Paul, MN 55113 Office: 651 - 636-4600 ■ Fax: 651- 636-1311 www.bonestroo.com Re: City of New Hope, Minnesota Saint Joseph Regional Storm Water Pond Project City Project No. 774 File No. 34 -04 -164 Contract Documents Enclosed are four (4) Contract Documents between you and the City of New Hope covering the above - referenced Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Mr. Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443 After the necessary officials have signed the Contracts, please distribute as follows: 2 copies Nord Excavating, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo & Associates, Attention: Vince Vander Top Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre - construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top, P.E. Enclosures: Four (4) Contract Documents cc: Steven Sondrall, City Attorney Valerie Leone, City of New Hope e St. Paul, St. Cloud, Rochester, Willmar, MN ■ Milwaukee, WI ° Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned 12/29/2004 17:27 FAX 763 493 5193 JENSEN & SONDRALL, P.A. JENSEN i r r • A Viva Attorneys At Law 1� 002/004 8525 EDINBROOK C ROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEi•AX (763) 493 - 5193 e -mail taw @jensen- sondrall.com G ORDON L. JENSEN' CLARISSA M. KL uG GLEN A. NORTON STEVEN A.SONDRALL STACY A. WOODS OF COUNSEL LORENS Q.BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association Writer's Direct Dial No.: (763) 201 -0222 e -mail cmk@ensen- sondraAcom December 29, 2004 Mr. Dale Nord, President 15265 209`' Avenue NW Elk River, MN 55330 Via Facsimile (763- 263 -5969) & U. S. Mail Re: St. Joseph Regional Pond Agreement for New Hope, MN Dear Mr. Nord: As you know, our office acts as City Attorney to the City of New Hope. We write to follow up on some issues noted during our review of the Certificate of Liability Insurance provided on your behalf by First National Insurance Agency in connection with the above - referenced Agreement (the "Agreement "). The Certificate for the most part conforms with your insurance obligations under the Agreement, but it is inconsistent or silent as to the areas listed below. This Letter is to formally notify you that the City expects all insurance obligations to be fully met, whether or not outlined in this letter, and retains all rights under Section 5.03.B of the Supplementary Conditions portion of the Agreement to enforce all contractor insurance requirements. Without waiver of its rights under Section 5.03.13 of the Supplementary Conditions portion of the Agreement, the City notes that your insurance coverage for this project (including coverage under any applicable endorsements) is or may be deficient in the following areas: 1. The Agreement (Supplementary Conditions Section 5.04) requires comprehensive automobile liability coverage for all owned autos. This coverage type was not checked in the Auto section of the enclosed 12/17/2004 First National Insurance Agency certificate. 2. For umbrella coverage, the Agreement (also in Section 5.04 of the Supplementary Conditions) requires a minimum of $1,000,000 aggregate coverage. Coverage is also to be combined single limit and extend over the commercial general, comprehensive automobile, and employer's liability coverages. Aggregate coverage is missing from the Excess /Umbrella section of the enclosed certificate, and the certificate does not list details regarding the type and scope of additional umbrella coverage. 12/29/2004 17:27 FAX 763 493 5193 JENSEN & SONDRALL, P.A. Q 003/004 December 29, 2004 Page 2 3. The City and City Engineer (Bonestroo, Rosene, Anderlik and Associates) are properly named as additional insureds on the enclosed certificate, but the certificate does not state whether this coverage extends to the respective officers, directors, partners, employees, agents, consultants and subcontractors of the additional insureds as required by Section 5.04 of the General Conditions portion of the Agreement. 4. Specific notice requirements must be met under Section 5.04 of the General Conditions section of the Agreement if any coverages are to expire or be cancelled. The Cancellation statement in the lower right comer of the enclosed certificate stating that your insurer will "endeavor to" provide such notice is inconsistent with these contract obligations, as is the statement "but failure to [provide such notice] shall impose no obligation or liability of any kind upon the insurer, its agents or representatives ". Please notify us at your earliest convenience when your insurance policy or policies have been adjusted to conform with the requirements of the Agreement. Again, we emphasize that the City expects that all contractor insurance obligations under the Agreement will be met by your company, regardless of whether the obligations are noted in this letter. In addition to addressing these insurance matters, please provide the original of the enclosed Action by Directors form supplied to our office last week by facsimile. You will be receiving a fully- executed original of the Agreement from the City in the near future. If you have any questions or concerns in the meantime please feel free to contact us. Sin ly, 7� Clarissa M. Klug, Asst. City Attorney, City of New Hope Enclosures C. Valerie Leone, City of New Hope (by fax, with Certificate encl. only) Guy Johnson, City of New Hope (by fax (592 -6776) with Certificate encl. only) First National Insur. Agency, Attn. Kim (by fax (433 -3800) with Certificate encl. only) P:WttonwylCmk %Ctients\CNHl99- 10030 - Public Worki1002 -St Joseph Regional Storm Water Pond \CNH99.10030(Q2) - 004 -Ltr to Contractor re insurance issues.doc 12/29/2004 17:27 FAX 763 493 5193 JENSEN &. SONDRALL, P.A. DEC -20 -2004 12:26PM FROM -FIRST NATL FINANCIAL +70- 441 -4380 T -748 P.001/002 F -718 ACRD, CERTIFICATE F LIABIL I C ,ja '� TE -1 12/1.7/'004 "`� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATT6R- 4F_1N20 V��I1 ATION First Natiotaal InBuranC Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFT=E_ service Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 812 train Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Elk River, MN 55330 IN SURERS AFFORDING COVERAGE NAIC # INSURED INsURERA: West Rend Mutual NORD EXCAVATTNG TNC I NSURER B: 15265 209TH AVI~ NW INSURER C: ELK RIVER, MN 55330 COVERAGES IA 004/004 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE WSURANCE AFFORDED BY THIS POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAV BEEN REDUCED BY PAID C LAIMS. 'R ITR �i1QD' ms-n— POLICY EFFECTIVE POLICY EXPIRATION L 1 S GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 0 0 0 A X COMMERCIAL GENERAL LIABILITY BCO 0602035 01 07/01/2004 07/01/2005 DA To g 011a ancel 11 200,00( CLAIMS MADE a OCCUR MED EXP (Any one person) B 1 0 , 0 0 C PERSONAL & ADV INJURY S , 600, 0 0 1 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 OENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGO S 2,00 POLICY I x PROS LOC A AUTOMOBILE LIABILITY ANY AUT — BCO 0602835 01 07/01/2004 07/01/2005 COMBINED SINGLE LIMIT (Ee accident) B 1, 0 0 0, 0 0 BODILY INJURY (Purpursan) ALL WNED S SCHEOULEDAUTOS X X B0016Y INJURY (Pereceiderio HIRED AUTOS NOMOWNEAAUTOS X PROPERTY DAMAGE (Paracaloenl) 5 Owned Pr?.vare Peen. Auran Owned autoa a/T 7"a Pape. GARAGELIABILITY AUTO ONLY -EA ACCIDENT 5 OTHER THAN EA ACC 5 ANY AUTO $ AUTO ONLY: AGG R FXCESSIUMBRELL.A UABILITY X OCCUR U CI CPO 0640086 01 07/01/2004 07/01/2005 EACH OCCURRENCE S 1, 000 0 D C GR EGATE � s DEDUCTIBLE - $ RETENTION ffi WO"91:R5 COMPENSATION AND VrC STATU. X 10FR E,L, EACH ACCIDENT $ 500 A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE R OFFIC EPW11MBER EXCLUDED, WCO 060283G 01 07/0112004 07/01/2005 E.L. DISEASE - EA EMPLOYEE S 500,00 II Yos, dnaadlla W1dor SPECIAL PROVISIONS naiow E,L DISEASE • POLICY LIMIT I 5 500,00C OTHER vin scv,raut¢ ss,aoa esnucr:nu A CONTRACTORS EQMPMENT BCO 0602835 01 07/01/2004 07/01/2005 DESCRIFTIONOF OPERATIONS/ LOCATIONS/ VEHICLES/ EXCLUSIONS AAD@pEY ENDORSEMENT /SPF.CIALPROVISIONS Project: St Joseph Regional Storm Water Pond City Project No. 774 City of New Hope and Sonestroo Rosene Anderlik and Aseopi -aces ate. named as additional insured ab''`,xeepecrs General liability, auto and umbrella, this coverage primary and'ivan contributory. y ti City of New Hope Attn: Clarissa Klug Fax: 763 -493 -5193 SHOULD ANY OF THE ABOVE L DATE THEREOF, THE ISSUING NOTICE TO THE CERTIFICATE iD POLICIES BE CANCELLED BEFORE THE EXPIRATION T. Est 5 I WIL R - M MAIL. DAYS WRITTEN NAMED TO THE LEFT,A11x.W 1.HflG -'FA- 118- S0 -61f4' AUTHORIZED ACORD 25 (2001108) – """' - " — - ''� -- ® MCoRl:rcoRpoRATION 19BE 0� January 5, 2005 Mr. Dale Nord Nord Excavating, Inc. 15265209 th Ave. NW Elk River, MN 55330 SUBJECT: ST. JOSEPH REGIONAL STORM WATER POND PROJECT (IMPROVEMENT PROJECT NO. 774) Enclosed are two fully executed contract documents for New Hope Project No. 774. 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 25, 2004, for $116,998. 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 Enclosures - Contract and First Amendment to Contract cc: Steve Sondrall, City Attorney (File No. 99.10030) Vince VanderTop, Assistant City Engineer (File No. 34 -04 -164) Guy Johnson, Director of Public Works • 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 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 Professional Engineer under the laws of the State of Minnesota. Vincent T. Vander Top, P.E. Date: October 7, 2004 Reg. No. 25770 END OF DOCUMENT 34 -04 -164 0 2004 Bonestroo, Rosene, Anderlik & Associates Inc. PROFESSIONAL CERTIFICATIONS DOCUMENT 00010 TABLE OF CONTENTS SAINT JOSEPH REGIONAL STORM WATER POND CITY PROJECT NO. 774 FILE NO. 34 -04 -164 NEW HOPE, MINNESOTA 2004 Introductory Information 00005. Certifications Page 00010. Table of Contents Bidding Requirements 00100. Advertisement for Bids 00200. Instructions to Bidders 00300. Information Available to Bidders 00410. Bid Form Contracting Requirements 00520. Agreement Form 00610. Performance Bond 00615. Payment Bond 00700. EJCDC 1910 -8 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800. Supplementary Conditions Specifications Division 1— General Requirements 01100. Summary of Work 01310. Project Management and Coordination 01400. Quality Requirements 01500. Temporary Facilities and Controls 01570. Erosion and Sediment Control 01700. Execution Requirements Division 2 — Site Construction 02225. Removals 02230. Site Clearing 02280. Adjust Miscellaneous Structures 02315. Excavation and Fill 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010 -1 TABLE OF CONTENTS Specifications Continued... Division 2 — Site Construction Continued... 02318. Subgrade Preparation 02320. Trench Excavation and Backfill 02630. Storm Drainage 02720. Aggregate Base Course 02360. MnDot Spec. 2360/2350 Combined Plant Mixed Asphalt Pavement 02740. Plant Mixed Bituminous Pavements 02770. Concrete Curb and Gutter 02930. Trees and Shrubs 02931. Pond Seeding and Planting END OF DOCUMENT 34-04 -164 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00010 -2 TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 9:00 A.M., C.D.S.T., on Wednesday, October 20, 2004, 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: Saint Joseph Regional Storm Water Pond — City Project No.774, File No. 34 -04 -164 Consisting of the following approximate quantities: 11,000 CY Common Excavation and Pond Grading 100 CY Rip Rap 75 LF 24 -inch RCP Storm Sewer, including Structures 1 LS Seeding, Topsoil, Landscaping, and Restoration Bidders desiring a copy of the Bidding Documents 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. Bidding Documents may be seen at the office of the City of New Hope and at the Issuing Office. Drawings and Bidding Documents can also be purchased with a credit card over the internet from www.bonestroo.com. Direct inquiries to Engineer's Project Manager, Vince Vander Top at (651) 604 -4790. 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 5 percent 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 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. 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 -04 -164 ADVERTISEMENT FOR BIDS © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. � • 11 11 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To .demonstrate Bidder's qualifications to perform the work within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 34-04-164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 - 1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND PROJECT SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Project Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Project Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Project Site, if any, that Engineer has used in preparing the Bidding Documents. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -2 INSTRUCTIONS TO BIDDERS B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Project Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Project Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the work appear in Paragraph 4.06 of the General Conditions. 4.05 On request, Owner will provide Bidder access to the Project Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Project Site by Owner or others (such as utilities and other prime contractors) that relates to the work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Project Site and become familiar with and satisfy Bidder as to the general, local, and Project Site conditions that may affect cost, progress, and performance of the work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work; 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -3 INSTRUCTIONS TO BIDDERS D. carefully study 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 Hazardous Environmental Conditions at the Project Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning 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 Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Project Site that relates to the work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -4 INSTRUCTIONS TO BIDDERS 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated, or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no pre -Bid conference. ARTICLE 6 — PROJECT SITE AND OTHER AREAS 6.01 The Project Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10.4ays prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. •' ilk ' 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check or bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -5 INSTRUCTIONS TO BIDDERS 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which or the dates by which, Milestones are to be achieved and the work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR- EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or describe in the Bidding Documents, without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -6 INSTRUCTIONS TO BIDDERS ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice - president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -7 INSTRUCTIONS TO BIDDERS 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or covenant to obtain such qualification prior to award of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. 13.13 Bidders may list proposed substitute items on the spaces provided on the Bid Form. Bidders shall clearly indicate the item name, Specification Section Number, and the Total Deduct to the Total Base Bid for each substitute item proposed. 13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide, if awarded the Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an item, the first item listed shall be provided. 13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the work if the Bidder is awarded the Contract. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -8 INSTRUCTIONS TO BIDDERS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the Owner may choose not to accept any Alternate Bids. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 14.02 The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids, and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -9 INSTRUCTIONS TO BIDDERS ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non - responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Opening of Bids. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid, and return the Bid Security prior to the end of this period. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the work, and to negotiate Contract terms with the successful Bidder. 19.03 More than 1 Bid for the same work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -10 INSTRUCTIONS TO BIDDERS 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, other individuals, or entities proposed for those portions of the work for which the identity of subcontractors, suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such Bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00200 -11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. INFORMATION AVAILABLE TO BIDDERS Bonestroo Rosene Anderlik & Associates Engineers & Architects THIS BID IS SUBMITTED TO: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 BIDDER: �V' G-�'C a r/ c ! c DOCUMENT 00410 BID FORM SAINT JOSEPH REGIONAL STORM WATER POND CITY PROJECT NO. 774 FILE NO. 34 -04 -164 NEW HOPE, MINNESOTA 2004 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the 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. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the 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 SC- 4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC- 4.06. 3404164BMFORM.xis 00410 -1 BID FORM E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the 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 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 Project Site that relates to the work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to Opening of the Bids. C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a Contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer, and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a Contract pursuant to law. 340416413IDFORM.xIs 00410 -2 BID FORM 5.01 Bidder will complete the work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with paragraph 11.02 of the General Conditions. Bid Unit Prices have been computed in accordance with paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and Final Payment for all Bid 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 2 - STORM SEWER: 9 PART 1- POND EXCAVATION: 1 MOBILIZATION 2 POND EXCAVATION (EV) 3 TEMPORARY ROCK CONSTRUCTION $ ENTRANCE 4 SILT FENCE, TYPE MACHINE SLICED 5 TOPSOIL BORROW 6 MNDOT NATIVE SEED MIX 310 W/ 0.5 $- WET FORBS 7 MNDOT NATIVE SEED MIX 340 W/ $ DRY FORBS 8 INSTALL BASSETT CREEK WATERSHED SIGN TOTAL PART 1 - POND EXCAVATION PART 2 - STORM SEWER: 9 CONNECT TO EXISTING CATCH LF 78 $ 1 15 BASIN OR MANHOLE 10 27" RCP STORM SEWER, CLASS 3 11 4' DIA STORM SEWER MH, INCL R- $ 1642-B CSTG AND CONC ADJ RINGS 12 4' DIAMETER STRUCTURE CY OVERDEPTH 13 SALVAGE AND REINSTALL 27" 0.5 $- STORM SEWER FES LS 1 $ . o 000 LF 78 $ 1 15 CY 11000 $ L 1/• $ 2 5Z) EA 1 $ LF 400 $ eo $ ,Sd-& CY 200 $ s _ $ /, a AC 0.5 $- $ AC 0.25 0.25 $ $ EA 1 $ / 00 $ f� $ 150 EA 1 $ S"_ $ _t _ LF 78 $ 1 15 $ / °-7 L5 p EA 1 $ �i tX/� $ LF 3.5 $ �`� $ EA 1.0$ $ 3404164BIDFORM.xis 00410 -3 BID FORM No. Item Units Qty Unit Price a — Total Price 14 CLASS III RANDOM RIPRAP CY 75 $ (.Y�' $ TOTAL, PART 2 - STORM SEWER $ PART 3 - PARKING LOT: 00 15 REMOVE CONCRETE CURB AND LF 50 $ $ GUTTER 16 SAWING BITUMINOUS PAVEMENT LF 50 $ _ $ 17 REMOVE BITUMINOUS PAVEMENT SY 35 $ 5•� $ 18 AGGREGATE BASE, CLASS 5, 100% CY 12$ /Q 00 $ CRUSHED 19 CONCRETE EDGE CURB LF 50 $ per $ , 20 BITUMINOUS PAVEMENT SY 35 $ 7r REPLACEMENT / TOTAL PART 3 - PARKING LOT $T7` Xf C PART 4 - PLANTINGS: 21 TREES RED MAPLE, 2" CAL. B &B EA 4 $ _� �} $ 22 BLACK CHERRY, 2" CAL. B &B EA 2 $ 23 SWAMP WHITE OAK, 2" CAL. B &B EA 1 $ $ 24 RED OAK, 2" CAL. B &B EA 2 $ 50 $ 25 BASSWOOD (AMERICAN LINDEN), 2" EA 3 $ / r� $ CAL. B &B 26 SHRUBS GRAY DOGWOOD, 2 GALLON ` _ / -/c EA 12 $ $ 27 REDOSIER DOGWOOD, 2 GALLON EA 11 $ -3 - - $ - -��— 28 WITCHHAZEL, 2 GALLON EA 9 $ $ 4 1%.a` 29 SMOOTH SUMAC, 2 GALLON EA 14$ L � Z� $ S /, 30 AMERICAN ELDER, 2 GALLON EA 7 9 $ $ 31 NANNYBERRY VIBURNUM, 2 EA 5 $ � _ $ '2 GALLON 3404164BIDFORM.xis 00410 - BID FORM No. BASE BID: TOTAL PART I - POND EXCAVATION TOTAL PART 2 - STORM SEWER Xl�' 1,31 TOTAL PART 3 - PARKING LOT X�6,0 601 "TOTAL PART 4 - PLANTINGS TOTAL BASE BID $ $ $ �C�J CZ!`` 0 0 , ', U $ © cs $ $ / - 4 7 Item Units Qty Unit Price Total Price WETLAND PLANTS EA 20$ 5 , 7 0 $ / EA 20 $ _ , - Au - " _ $ /7 EA 20$ . 10 $ 1 7 EA 20 $ S. 70 $ 1 7W EA 10$S.7 $ -7 $ /0 y 9 - 7 32 ARROWHEAD, 4" POT 33 SOFTSTEM BULRUSH, 4" POT 34 PICKEREL PLANT, 4" POT 35 BLUE FLAG IRIS, 4" POT 36 LAKE SEDGE, 4" POT TOTAL PART 4 - PLANTINGS 3404164BIDFORM.xls 00410 -5 B1D FORM 6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on � 200V If Bidder Is An Individual Name (typed or printed): in Doing business as: (Individual's signature) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) 3404164BIDFORM.xls 00410 - BID FORM A Partnership A Corporation Partnership Name: 0 Name (typed or printed): (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: fib/ P LIC (SEAL) State of Incorporation: Oj /' Type (General Busine s, Professional, Service, Limited Liability): ie (Signature) Name (typed or printed): 'Do t C U r' 6 _ Title: (CORPORATE SEAL) 'I et / " ( Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: 'Z,7'2 S r'l Fax No. • L v2- ( 5 - S 96 `l 3404164BIDFORM.xls 00410 -7 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box Vs): 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 Fax No.: %: 11 (Signature ofjoint venture partner) 3404164BIDFORM.XIs 00410 -8 BID FORM GRA MTERE, INC. Approved by the American Institute of Architects KNOW ALL MEN BY THESE PRESENTS, thatwe Nord Excavating, Inc. as Principal, hereinafter called the Principal, and GRANITE RE, INC. a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope as Obligee, herinafter called the Obligee, in the sum of Five Percent of Amount Bid * * * * * * * * * ' * * * ** "" * * * * * * * *" ** Dollars ($ 5% of Amount Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. W H E R E A S, the Principal has submitted a bid for City Project No. 774, File No. 34 -04 -164 - St. Joseph Regional Storm Water Pond 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 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 bards, if the Principal shall pay to the Obligee the difference not to exceed the pen 'a lty 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 18 th day of October 20 04 t (Witness) Nord Excavating, Inc. (Principal) (seal) /� (Title) GRANITE , INC. _ (urety) (seal) (Witness) Vbathan ate Tit e Attorney in Fact Pate Bonding, Inc. (651)- 457 -6842 1276 South Robert Street, W. St. Paul, MN 55118 1 ACKNOWLEDGMENT OF PRINCIPAL (Individual) rte of _ 'runty of On this- me(s) me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, J acknowledge(s) to me that ---he— executed the same. Notary Public .l rte of unty of On this day of ne(s) _ rember of the co- partnership of _ , in the year , before me personally ne known and known to me to be the person who is described in and executed the foregoing instrument, and nowledges to me that he executed the same as for the act and deed of the said co- partnership. Notary Public ,ACKNOWLEDGMENT OF PRINCIPAL (Corporation) to of rnty of_-> On thi l 9 �` _ ay of Cc Q , in the yearje) before me personally ie(s) _ , ie known, wll�A, being duly sworn, deposes and says that he resides in the City of ���y�f'` -- he is the V1 Sj' of the 77a? sY r corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors aid corporation, and that he signed his name thereto by like order. MARY LOUISE NORD Notary Public NOTARY PUB OF SURETY MY COMM. EXP..01/31/20 ate of Minnesota runty of Dakota I On this 18th day of October , in the year 2004 _ before me personally me(s) Jona Pate Attorney(s) -in -Fact of anite Re, Inc. _ _with whom I am personally acquainted, and who, being by me duly sworn, says it he reside(s) in_1n-vef- G -Love.He g.hts,._MN__ that he is (are) the Attorney(s) -in -Fact of Gr anite Re, Inc. mpany described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and at seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of id company, an t hat bb i ttorney(s) -in -Fact of the said Company y like order. ANDREA M. CONNOU,.Y °" Notary Public Minnesota Public ""'' Mh' Commission Expires Jan. 31, 2005 , in the yean__ , before me personally GRANITE RE, INC. Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal ce at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: NATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney -in- Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any I all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC, a certified copy of which is hereto sexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and firms all and whatsoever the said: JATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by signatures of its Vice President and Secretary/Treasurer, this 13` day of July, 2004. �P ' _ L R. Darryl Fisher, e President TE OF OKLAHOMA ) JNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 13` day of July, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and man A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly rn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of ctors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, ie Company. My Commission Expires: May 9, 2008 Commission #: 00005708 a GRANITE RE, INC. Certificate UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY FIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of -tors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." 'ITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this day o October 2004 � Rg "e SEAL x .a odmanA. Frates, Secretary/Treasurer DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between City of New Hope, Minnesota (Owner) and Nord Excavating, Inc. (Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: municipal utility and pond construction for the City of New Hope, Minnesota. ARTICLE 2 — THE PROJECT 2.01 The Project for which the work under the Contract Documents may be the whole or only a part is generally described as follows: Saint Joseph Regional Storm Water Pond for the City of New Hope, Minnesota, City Project No. 774. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113 (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the work in accordance with the Contract Documents, ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Milestones, Substantial Completion, and Final Payment A. A Start Date of November 1, 2004 is anticipated. This relies on the completion of Hillside Terrace (the adjacent development) site work and grading. The proposed regional pond area will be sued as a borrow site for Hillside Terrace prior to regional pond grading under this contract. Adjustments in the Start and Completion Dates may be necessary pending the completion of work by others. B. All excavation work involved in this Project shall be Substantially Completed on or before December 3, 2004. C. Any remaining restoration work shall be completed on or before May 31, 2005. D. All pavement and curb patching shall be completed on or before May 31, 2005. Wear course paving cannot occur in 2004 without approval by the Owner. 34 -04 -164 © 2004 Bonestroo, Rosene, 00520 -1 Anderlik & Associates, Inc. AGREEMENT FORM E. All of the work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before June 15, 2005. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the times specified in paragraph 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 $250.00 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 $250.00 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 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents an amount in current funds as follows: For all work, at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of One Hundred Sixteen Thousand Nine Hundred Ninety -Eight Dollars and No Cents ($116,998.00) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the work as provided in Paragraphs 6.02.A.1 and 6.02.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 Bid Unit Price work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Requirements: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the work (with the balance being retainage). 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -2 AGREEMENT FORM 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 100 percent of Engineer's estimate of the value of work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon Final Completion and acceptance of the work, in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the rate the maximum rate allowed by law at the place of the Project. ARTICLE S - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the 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. 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. 34 -04 -164 © 2004 Bonestroo, Rosene, 00520 -3 Anderlik & Associates, Inc. AGx2EEMENT FORM 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 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Saint Joseph Regional Storm Water Pond; 7. Addenda (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement, and are not attached hereto: a. Notice to Proceed b. Work Change Directives; C. Change Order(s). 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -4 AGREEMENT FORM B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 00520 -5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One (1) 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 0Zt �--W, , 2004 (which is the Effective Date of the Agreement). Owner: City of New Hoe Mi.. esot -4/ By: Attest Address for giving notices: 7, OF NE E r Contractor: Nord Excavating, Inc. By: Attest c% Address for giving notices: License No. (Where applicable) Designated Representative: Name: rIT)l QC HO Title: 1 ° V1' R! O Address: NEW HOPE, MN 55428 Designated Representative: Name: a " /-"' 6' d ` --/ Title: A %e S Address: X Phone: ( 5:3 Facsimile: 7 (a ?) -5 3 ( _ 57 3 C' Phone: Facsimile: END OF DOCUMENT 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 0052Q -6 AGR.EETvIFNT FORM ' ' Bond # GRMN22930A Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Nord Excavating, Inc. 15265 - 209th Ave. NW Elk River. MN 55330 OWNER (Name and Address): City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 CONTRACT SURETY (Name and Address of Principal Place of Business): Granite Re, Inc. 14001 Quailbrook Drive Oklahoma City, OK 73134 Date: 01- Nov -04 Amount: $116,998.00 Description (Name and Location): Saint Joseph Regional Storm Water Pond (municipal utility and pond construction), New Hope, Minnesota BOND Bond Number: GRMN22930A Date (Not earlier than Contract Date): 01-Nov-04 Amount - $ 116,998.00 One Hundred Sixteen Thousand Nine Hundred Ninety Eight and 00/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Nord Excavating, Inc. Signature: (Seal) Na ie and Title:' (Space; is provided below for signatures of additional parties, if required.) ff:_a Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C -610 (2002. Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. I . Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.3. Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. Bond # GRMN22930A 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement: in the location where the Contract was to be performed, any provision in this Bond' conflicting with said statutory requirement shall be deemed` ddeted'herefrom and provisions conforming to such statutory requirement shall tie deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and rot as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4, Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Pate Bonding, Inc., 1276 South Robert Street, West Saint Paul, MN 55118 (651) 457 -6842 Owner' s Respresentative (engineer or other party) Bonestroo, Rosene, Anderlik & Assoc., Inc. (651) 636 -4600 State of County of � � Onthis clayof .in the year ---before me personally come(s) I to me known and known to me to be the person(s) who (is) (are) descr in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of � On this day of ' in the year —before me personally oome(s)_ . a member nf the co-partnership of . to me known and known tnnonhn be the person who is described in and executed the foregoing inatrunnent, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public come(s) Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly sworn, says that he reside(s) i od he io (ere) the/�b�rn�y(u)'in'Faot of Granite Re, Inc. company described in and which executed the within instrument; that he know(s) the corp te seal of such C and that seal affixed to the within instrument is such corporate seal and that it omp 7DAEE 7ESPE said company, and th ev(n)'in-Faotofthe said Cny by like Notary Public Minnesota Notary Public GRANITE RE, INC.. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful'; Attorney- in- Facts) for the following purposes, to wit: To sign its name as surety to, and to execute, i seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the 'Board of Directors of the said GRANITE; RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney, and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice' President and Secretary/Treasurer, this 13`" day of July, 2004. .KITE S E L R. Darryl Fisher, a President STATE OF OKLAHOMA ) ° "`^°° ) SS: COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 13' day of July, 2004, before me personally carne R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE INC., the corporation described in and which 'executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company. � 4iNN rhRy' I, My Commission Expires: h _ May 9, 2008 9, � otary Pu li Commission # 00005708 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, `, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 1 St day O f November 2004 ncs odman A. :Frates, Secretary/Treasurer Bond # GRMN22930A Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Nord Excavating, Inc. Granite Re, Inc. 115 265 - 209th Ave. NW 14001 Quailbrook Drive OWt Game and Address): Oklahoma City, OK 73134 City of New Hope 4401 Xylon Ave No. New Hope, MN 55428 -4898 CONTRACT Date:01- Nov -04 Amount:$116,998.00 Description (Name and Location): Saint Joseph Regional Storm Water Pond (municipal utility and pond construction), New Hope, Minnesota BOND Bond Number:GRMN22930A Date (Not earlier than Contract Date):01- Nov -04 Amount: $116,998.00 One Hundred Sixteen Thousand Nine Hundred Ninety Eight and 00/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Company: Nord Excavating, Inc Sigrature�: _ -- (Seal) Granite Re, Inc. (Seal) Nhme and Tit! .'' � f f� �/� � / Surety's Name and orporate Se ir e By; , � Signature an itle Jon than Pate (Attach Po er of Atto ey)Attorney -in- (Space is pov`ided below for signatures of additional parties, if required.) Attest: _ Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. Bond # GRMN22930A 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the 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 Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed dele'k)" herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond: shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a "potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Pate Bonding, Inc., 1276 South Robert Street, West Saint Paul, MN 55118 (651) 457 -6842 Surety Agency or Broker: Owner' s Representative (engineer or other party): Bon es t roo, Rosene, Anderlik & Assoc., Inc. (651) 636 -4600 ACKNOWLEDGMENT OF PRINCIPAL (Ind State of County of � On this day of � . in the year __,tUefore me personally come(s . tomo known and known tomato be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that —he— executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of _ On this day of .in the year __ come(s) . e member of the co-partnership of to me known and known to me to be the person who is descr in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PR!YJr^|PA (Corporation) State of NOTARY PUBLIC County of MY COMM. EXP. 01/31/2005 daynf _______-__'____-_ . in the year __,before me personally to me known, who, being duly sworn, deposes and says that he resides in the City of that he is the of the the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota County of Dakota On this 1st day of November .in the year 2004. before me personally come(s) Attorney(s)-in-Fact of Granite Re, -with whom |em personally acquainted, and who, being byrne duly sworn, says that he \ the Attorney(s)-in- company described in and which executed the within instrument; that he know(s) the corp rate seal of such Company; and thatuaa|afhxodtothevvithininntrumontisouchoorponateeea|andthotitwaoaffixedbyohderoftheBoandqyOirecbnnsof said company, and that he s)-in-Fact of the said Compa y by like order. Notary Public Minnesota Notary Public My Commission Explmusdan. 31 ?005 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: JONATHAN PATE, WANDA ESPE, TOM LAHL its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby; ratifies and confirms all and whatsoever the said: JONATHAN PATE, WANDA ESPE, TOM LAHL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be seated with its corporate seal, duly attested by the signatures of its Vice President and Secretary/Treasurer, this 13"' day of July, 2004. ' vQ � e,NC al S E L R. Darryl Fisher, a President STATE OF OKLAHOMA ) O kL HOM SS: / COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer On this 13 day of July, 2004, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company.; My Commission Expires:�4 May 9, 2008 ;, �� otary Pu li 6�a Commission # 00005708 F GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re,' Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents' of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this I St day o f November 2004 ,rE @F pP" P ' y Q S E A L odman A Frates, Secretary/Treasurer Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) affiftwuW4 Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract; 61. Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of Contractor. 3.2. Owner has declared a Contractor Default and formally terminated 7. Surety shall not be liable to Owner or others for obligations of Contractor that Contractor's right to complete the Contract. Such Contractor Default are unrelated to the Contract, and the Balance of the Contract Price shall not be shall not be declared earlier than 20 days after Contractor and Surety reduced or set off on account of any such unrelated obligations. No right of action have received notice as provided in Paragraph 3.1; and shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 3.3. Owner has agreed to pay the Balance of the Contract Price to: 8. Surety hereby waives notice of any change, including changes of time, to 1. Surety in accordance with the terms of the Contract; Contract or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker Owner's Representative (Engineer or other party) 00610 -2 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Date: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.) Attest: Signature and Title CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C -615 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. (Seal) 00615 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the 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 Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Surety Agency or Broker: Owner's Representative (Engineer or other party) 00615 -2 SECTION 01100 1.01 SECTION INCLUDES A. Basic description of the Project and work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Saint Joseph Regional Storm Water Pond, City Project No. 774 for the City of New Hope, Minnesota B. Description of Work: This Project includes the construction of a regional storm water pond and the extension of an existing flared end to the new normal water level of the pond. The flared end will require the placement of rip rap. This Project also includes the removal and replacement of a portion of bituminous parking lot. The parking lot will need minor alterations to force drainage into a rip rap Swale into the new regional storm water pond. The Project also includes final landscaping and restoration. C. Project Funding is being provided by the City of New Hope and Bassett Creek Watershed Management Organization. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES AND INCENTIVE PAYMENTS A. Provisions for liquidated damages and incentive payments, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Project Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction must remain within the limits of the Project as shown on the Drawings and shall be removed upon completion of work. 34-04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -1 SUMMARY OF WORK 2. Contractor will be 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 Project Site. B. Access to Project Site: 1. Access to the pond is shown on the Drawings through the Hillside Terrace Development. No access will be allowed at any other point adjacent to the Project: a. Access timing and final location will need to be coordinated with the Developer. Adjustments to location and timing may be required. 2. No access to the pond will be allowed through the church parking lot. C. Transportation Corridor Access: 1. All construction access will be through Hillside Terrace to 35 Avenue to Ensign Avenue directly to 36 Avenue to TH 169. No traffic will be allowed on any other city streets. 2. All debris from this Project Site tracked onto the haul route will be swept and cleaned daily or as directed by the Owner. All maintenance required to keep the haul routes clean are incidental to the Contract. D. Other Work at Project Site: 1. The installation and revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated in the Hillside Terrace Development. 2. Allow private utility crews free access to the Project Site and a reasonable amount of time to complete their work. PART 2 - PRODUCTS Not Used 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -2 SUMMARY OF WORK 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 -04 -164 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01100 -3 SUMMARY OF WORK SECTION 01310 PROJECT MANAGEMENT AND COORDINATION 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 Project 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, 8701 Monticello Lane, Maple Grove, MN 55369; ph: 763 - 493 -1670; fax: 763- 493 -1501. 5. Gas: Reliant Energy, Minnegasco, Laura Hirsch, P.O. Box 1165 Minneapolis, MN 55440 -1165; ph: 612 -321 -5177; fax: 763 - 321 -5480. 6. Telephone: Qwest, Carrie Oster, 9700 Schmidt Lake Road, Rm 155 Plymouth, MN 55442; ph: 763 -531 -8997; fax: 763 -536 -5098. 7. Cable TV: AT &T Broadband, Doug Zahn, 1238 Grey Fox Road, Arden Hills, MN 55112 -6930; ph: 651 -493 -5316; fax: 651- 493 -5116. C. Owner requires 48 hour notice for all utility interruptions. 34 -04 -164 0 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310 -1 COORDINATION 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. Bassett Creek Watershed Best Management Practices and other approval requirements. B. Apply for, obtain, and comply with the provisions of the following permits: 1. MPCA Stormwater Discharges Associated with Construction Activities NPDES General Permit. Estimated permit cost of $240.00. 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. 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 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. 34 -04 -164 0 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310 -2 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. Contractor is to submit a proposed construction schedule for the Project to be reviewed at the preconstruction meeting. 2. Contractor is required to submit an updated schedule following any and all major changes or delays during Project or as directed by the Engineer. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. 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 -04 -164 © 2004 Bonestroo, Rosene, PROJECT MANAGEMENT AND Anderlik & Associates, Inc. 01310 -3 COORDINATION 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. 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. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. B. Provide incidental labor and facilities to obtain and handle samples at Project Site or source, transport samples to laboratory, facilitate tests and inspections, and for storing and curing of test samples. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -1 QUALITY REQUIREMENTS A. After each inspection and test, submit 3 copies of laboratory report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. i �:•'� •• '• ICI 1 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. is NTJ I a V to) 1 C•• !' •' 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. Not Used 34 -04 -164 C 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -2 QUALITY REQUIREMENTS 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 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01400 -3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. PART 2 — PRODUCTS Not Used PART 3 - EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the work to the Project Site. B. Establish Contractor offices and building, or other facilities necessary for work on the Proj ect. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 SIGNS, 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. 3.03 TEMPORARY FACILITIES AND FENCE 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 Signage: 1. A temporary construction sign for the Battle Creek Watershed shall be posted during the entire construction process. Please see detail on Drawing C8.02. 34-04 -164 © 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -1 AND CONTROLS C. 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. 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. Traffic Control — General - Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Project Site. All traffic control devices and other protective measures shall conform to MMUTCD. Minimum signage required includes the following: 1. Barricades necessary to block access from side streets. All side streets that the Contractor closes must be signed according to MMUTCD standards. 34 -04 -164 0 2004 Bonestroo, Rosene, IL 0l 500 -2 TEMPORARY FACITIES Anderlik & Associates, Inc. AND CONTROLS 2. Signage to protect material stock piles, equipment, trenches, and other construction items. 3. Signage and flaggers required for construction operations, including but not limited to hauling operations. B. Traffic Control — Detour - Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic through the detour shown in the Drawings. All traffic control devices and other protective measures shall conform to MMUTCD. C. Remove of traffic control devices at the conclusion of the work. D. 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. E. Field Quality Control: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. 2. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 3. Provide access for emergency vehicles and busses to all residences at all times. 4. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 5. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic or natural causes, or when requested by Engineer. 34 -04 -164 © 2004 Bonestroo, Rosene, 01500 3 TEMPORARY FACILITIES - Anderlik & Associates, Inc. AND CONTROLS F. Temporary Barriers: 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect work. 2. Damage to the Project Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal, at no time shall the work remain unattended if a dangerous condition exists because of incomplete removal or Project Site repairing. 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 Bid Item: 1. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned —100 100 B. Dewatering: All costs related to pumping and dewatering as specified above will be considered incidental to the Project. C. A Bid Item has been provided for "Traffic Control." Measurement is by the Lump Sum. This will be considered payment in full for all work and costs of this Bid Item, including removal: 1. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned —100 100 D. All other work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 34-04 -164 0 2004 Bonestroo, Rosene, TEMPORARY FACILITIES Anderlik & Associates, Inc. 01500 -4 AND CONTROLS SECTION 01570 EROSION AND SEDIMENT CONTROL PART 1 - GENERAL 1.01 SECTION INCLUDES A. Temporary measures to control soil erosion and sedimentation. 1.02 RELATED SECTIONS A. Section 01700 — Execution Requirements. B. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2000 Edition and the Supplement Specifications (MnDOT Spec.): 1. 1803 — Prosecution of Work. 2. 2573 — Temporary Erosion Control. 3. Technical Memorandum No. 99- 23- ENV -03 and Attachment. 4. Technical Memorandum No. 99- 27- ENV -05. B. American Society of Testing and Materials (ASTM): 1. D4355 — Test Method for Deterioration of Geotextiles from Exposure to Ultraviolet Light and Water. 2. D4491— Test Method for Water Permeability of Geotextiles by Permitivity. 3. D4632 — Test Method for Breaking Load and Elongation of Geotextiles. 4. D4751 — Test Method for Determining the Apparent Opening Size of a Geotextile. 34 -04 -164 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -1 EROSION AND SEDIMENT CONTROL 1.04 PERMITS A. General: 1. A completed application for the MPCA's General Storm Water Permit for Construction Activity shall be provided to the Contractor along with the Contract Documents. The Contractor shall sign the completed application at the time of signing of the Contract Documents. The Contractor shall return the completed application along with a check for the application fee to the Owner for submission to the Minnesota Pollution Control Agency. The Owner shall notify the Contractor upon approval of the Permit. No work shall be done on the Project until the Permit has been obtained. By signing the application the Contractor agrees to comply with all provisions of the Permit. Authorization to begin grading under the NPDES permit is automatically granted 48 hours after the permit application has been submitted to the MPCA. 1.05 SEQUENCING AND SCHEDULING A. Conform to MnDOT Spec. 1803.5: Submit for approval, the plan of operations for accomplishing temporary and permanent erosion control. 2. 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. B. Contractor is responsible for the establishment of permanent turf in accordance with Section 02931 — Pond Seeding and Planting to prevent excessive soil erosion. C. Remove silt fence installations after the Project Site has become stabilized and turf is developed to the extent that future erosion is unlikely: 1. Any ridge or depression left as a result of fence removal will be appropriately repaired and restored. 2. Materials remaining after removal shall become the property of the Contractor and shall be disposed of off the Project Site. 34 -04 -164 © 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -2 EROSION AND SEDIMENT CONTROL PART 2 - PRODUCTS 2.01 SILT FENCE A. Standard Silt Fence: 1. Geotextile Fabric: Woven wire fabric with the following physical properties: a. Grab Tensile Strength (ASTM D4632): 100 lb. b. Apparent Opening Size (ASTM D4751): #20 — 70 sieve. C. Width: 36 inches. d. Ultraviolet Resistance (ASTM D4355): 70 percent. e. Furnish geotextile with protective wrapping to protect the fabric from ultraviolet radiation and abrasion due to shipping and handling. 2. Posts: 2 inch x 2 inch wood. 2.02 TEMPORARY ROCK CONSTRUCTION ENTRANCE A. 2 inch size (minimum) washed river rock. PART 3 - EXECUTION 3.01 INSTALLATION A. Silt Fence: 1. Silt fences will be installed in the locations shown on the Drawings and according to the manufacturer's specifications. 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. If necessary, splices will be made at a fence post and according to the manufacturer's specifications. B. Temporary Rock Construction Entrance: 1. Rock construction entrance shall be installed in locations shown on the Drawings in accordance to the standard detail. 2. Rock construction entrance shall be constructed before grading begins on the Project Site. 34 -04 -164 0 2004 Bonestroo, Rosette, Anderlik & Associates, Inc. 01570 -3 EROSION AND SEDIMENT CONTROL 3. Inspect rock construction entrance regularly for mud accumulation. 3.02 MAINTENANCE A. Conform to MnDOT Spec. 2573.3.1), 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 reestablishment, and street sweeping of mud and debris tracked from the Project Site. 2. Contractor is responsible for the maintenance and repair of all temporary erosion control devices. 3. 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: a. Temporary sediment basins will be inspected and their original design volume will be restored following each run off event. 3.03 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Silt Fence, Machine Sliced. Measurement will be per lineal foot, along the base of the fence from outside to outside ofthe end posts for each section of fence. Payment will constitute compensation in full for all work and cost to furnish and install material in place and to remove. B. A Bid Item has been provided for Temporary Rock Construction Entrance. Measurement will be per each. Payment will include all costs related to constructing and maintaining the entrance as specified, in accordance with the standard details. 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 -04 -164 C 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01570 -4 EROSION AND SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS 1.01 SECTION INCLUDES A. Requirements for overall execution of the work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 — General Requirements Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, Instructions, Schedules, Warranties, Guarantees, Bonds, Certificates, Certificates of Inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Forms. PART 2 - PRODUCTS Not Used PART 3 — EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing work, inspect work completed by others that is adjacent to work. If adjacent conditions prevent completion of work, Contractor will not commence work until the conditions are corrected. 34-04 -164 ® 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -1 EXECUTION REQUIREMENTS C. Inspect each product immediately prior to installation. Remove damaged products from Project Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure work true to line and level, within recognized industry tolerances, with anchorage devices designed and sized to withstand stresses, vibration, and rocking. Allow for expansion and movement of building. C. Install each element of work during weather conditions and Project status to ensure coordination of the work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 PROJECT SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Project Site, Engineer will provide Written Notice of Contractor's defective work. Contractor will be given 12 hours from the Written Notice to clean Project Site. After the 12 hour period, Owner may correct the defective work consistent with Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect work in progress and adjoining work, during handling and installation. Apply protective covering on installed work where it is required to ensure freedom from damage or deterioration. 34 -04 -164 0 2004 Bonestroo, Rosene, Anderlik & Associates, Inc. 01700 -2 EXECUTION REQUIREMENTS B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability, without damage effects. 3.05 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 & 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Forms Section, Mail Station 1173, St. Paul, Minnesota, 55146 -1173 or calling (651) 296 -4444. 3.06 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 -04 -1.64 0 2004 Bonestroo, Rosene, 01700 -3 Anderlik & Associates, Inc. EXECUTION REQUIREMENTS Symbol Common Name Scientific Name Size Q Trees AR Red maple Acer rubrum 2" B &B 4 PS Black cherry Primus serotina 2" B &B 2 QB Swamp white oak Quercus bicolor 2" B &B 1 QR Red oak Quercus rubra 2" B &B 2 TA Basswood Tilia Americana 2" B &B 3 Shrubs CR Grey dogwood Comus racemosa 2 gal. Cont. 12 CS Red osier dogwood Corpus stolonifera 2 gal. Cont. 11 HV Common witchhazel Hamamelis virginiana 2 gal. Cont. 9 RG Smooth sumac Rhus ` labra' 2 gal. Cont. 14 SC American elder Sambucus Canadensis 2 gal. Cont. 9 VL Nann berry viburnum Viburnum lentago; 2 gal. Cont. 5 COUNCIL VIR2 Request for Action Originating Department Approved for Agenda Agenda Section Public Works September 10, 2007 Consent Item No. By: Guy Johnson By: 6.5 Resolution to accept the St. Joseph's church site regional pond and approve the final payment request (improvement project 774) Requested Action Staff recommends that Council approve a resolution to accept the St. Joe's church site regional pond project and authorize final payment to Nord Excavating Inc., in the amount of $8,609.61. Policy /Past Practice The new regional water quality pond at this location was part of the city's 1996 surface water management plan. Background The original 1999 feasibility report for the 36th Avenue infrastructure improvement included storm water improvements at the St. Joseph's church site. The improvements included a new regional water quality pond and a new storm water system to and from the pond. At that time, it was determined that the installation of a new storm water pipe on the west side of the church property, and construction of the pond, would need to take place at the same time as a proposed addition to the church. The church completed a plat of their site that included an out lot for a future housing development, and received plan approval from the city and the Bassett Creek Water Management Commission. Bassett Creek also approved the city's request to delay construction of the new regional pond portion of the project at that time. The city requested that the pond construction be delayed to allow for coordination with the proposed housing development and possible funding options through Bassett Creek's capital improvement program in the future. The church started construction of their addition in 2003. Motion by / i' "; g Second by 'c ))Li) l.0 To: Cr I: \RFA \PUBWORKS \2007 \774 St. Joes Church Site Regional Pond Final.doc Request for Action September 10, 2007 Page 2 In 2003, the City Council approved construction of the necessary storm water pipe system to connect the future regional pond to the storm water pipe running under 36th Avenue. The contract for construction of the regional pond was awarded in the fall of 2004, with construction beginning the winter of 2005. The construction of the regional pond has been completed. Final restoration of the pond site took place in 2007. The site was reviewed by New Hope staff along with staff from Bonestroo Engineering, where prescriptions for annual maintenance by New Hope staff were determined for continued establishment of the plant communities. With the regional pond being part of Bassett Creek Water Management Commission's (BCWMC) capital improvement plan (CIP), and included in their 2nd Generation plan, funding assistance for construction of the pond was available. Once the BCWMC's 2nd Generation plan was approved, funding assistance was provided through the BCWMC and an ad valorem tax procedure. Part of this funding procedure required a public review process. The feasibility report has been requested by the BCWMC to be used in a public review process. Funding The engineer's cost estimate is $182,700 for construction of the new regional pond. Funding was provided through the Bassett Creek Water Management Commission's CIP. In addition, storm water pond fees have been received from St. Joseph's church and the housing development on the St. Joseph's church out lot site. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \RFA \PUBWORKS \2007 \774 St. Joes Church Site Regional Pond Final.doc City of New Hope Resolution No. 07- 12 6 Resolution to accept the St. Joe's church site regional pond project and approve the final payment request (improvement project 774) WHEREAS, the city has entered into a contract with Nord Excavating Inc., for the construction of a new regional pond at the St. Joe's church site; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 774 and approve final payment to Nord Excavating Inc., in the amount of $8,609.61; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Nord Excavating Inc. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the St. Joe's church site regional pond project from Nord Excavating Inc. 2. That the city manager is hereby directed to authorize the final payment of $8,609.61 to Nord Excavating Inc., subject to submittal of the required IC -134 Forms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 10th day of September, 2007. Attest: G-C City Clerk r Aj- Myr I:RFA \Pubworks \2007 \774 St. Joe's Regional Pond Resolution 2335 Highway 36 W St, Paul, MN 55113 Tel 651- 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com August 28, 2007 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: Saint Joseph Regional Storm Water Pond — Final payment Client Project No.: 774 Bonestroo File No.: 000034 - 04164 -0 Dear Guy, All work on the St. Joseph's Regional Storm Water Pond has been completed. The native seed restoration on the site is established and has been accepted. The contractor, Nord Excavating, has requested final payment for the project. Enclosed is the final payment request signed by the contractor. The contract amount for the project was $116,998.00. The final amount for the work completed is $117,092.25. A small overrun of the excavation quantity was required for successful completion of the project. However, less than estimated quantities for several other items offset the cost to keep the amount exceeding the contract price to less than one -tenth percent. It is recommended final payment to Nord Excavating be approved for the amount of $8,609.61. Final payment could be released upon receipt of the necessary 1C -134 forms from the contractor. This project is part of the Bassett Creek Watershed CIP and is being funded by the watershed management organization. Please contact me if there are any questions regarding payment or this project. Yours truly, C?Z ^ / . 06 Jason Quisberg, PE Enclosure &all Dwner: City of New Hope, 4401 Xylon Ave. N. New Hope, MN 55428 Date: August 28 2007 or Period: 8/31/2005 to 8/28/2007 Request No: 3 AND FINAL - ontractor: Nord Excavating Inc., 15265 - 209th Ave. NW, Elk River MN 55330 CONTRACTOR'S REQUEST FOR PAYMENT SAINT JOSEPH REGIONAL STORM WATER POND BONESTR00 FILE N0, 000034 - 04164 -0 CITY PROJECT NO. 774 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 iu Less An,ount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTR00 $ _ 0.00 $ 0.00 3 AND FINAL $ 116,998.00 $ 117,092.25 $ 0.00 $ 117,092.25 $ 0.00 $ 117,092.25 $ 108,482.64 $ 0.00 $ 8,609.61 Ap roved by Owner: OF NEW HO Specified Contract Completion Date: Date: -" `- / — / C - Cz 3404164REQ3FINAL.xIs 3404164REQ3FINAL XIS Contract Unit Current Quantity Amount No. item Unit Quantity Price Quantity to Date to Date PART 1 - POND EXCAVATION: 1 MOBILIZATION LS 1 20000.00 0.1 1 $20,000.00 2 POND EXCAVATION (EV) CY 11000 6 25 11377 $71,106.25 3 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 600.00 1 $600.00 4 SILT FENCE, TYPE MACHINE SLICED LF 400 2.00 $0.00 5 TOPSOIL BORROW CY 200 5.00 $0.00 6 MNDOT NATIVE SEED MIX 310 W/ WET FORBS AC 0.5 1200.00 0.5 0.5 $600.00 7 MNDOT NATIVE SEED MIX 340 W/ DRY FORBS AC 0.25 1200.00 0.25 0.25 $300.00 8 INSTALL BASSETT CREEK WATERSHED SIGN EA 1 100.00 $0.00 TOTAL PART 1 - POND EXCAVATION: $92,606.25 PART 2 - STORM SEWER: 9 CONNECT TO EXISTING CATCH BASIN OR MANHOLE EA 1 250.00 1 $250.00 10 27" RCP STORM SEWER, CLASS 3 LF 78 35.00 78 $2,73000 11 4' DIA STORM SEWER MH, INCL R- 1642 -B CSTG AND CONC ADl RINGS EA 1 1800.00 1 $1,800.00 12 4' DIAMETER STRUCTURE OVERDEPTH LF 3 5 150.00 3.5 $525.00 13 SALVAGE AND REINSTALL 27" STORM SEWER FES EA 1 200.00 1 $200.00 14 CLASS III RANDOM RIPRAP CY 75 60.00 75 $4,500.00 TOTAL PART 2 - STORM SEWER: $10,005.00 PART 3 - PARKING LOT: 15 REMOVE CONCRETE CURB AND GUTTER LF 50 3.00 45 $135.00 16 SAWING BITUMINOUS PAVEMENT LF 50 3.00 50 $150.00 17 REMOVE BITUMINOUS PAVEMENT SY 35 3.00 32 $96.00 18 AGGREGATE BASE, CLASS 5, 100% CRUSHED CY 12 18.00 12 $216.00 19 CONCRETE EDGE CURB LF 50 25.00 45 $1,125.00 20 BITUMINOUS PAVEMENT REPLACEMENT SY 35 71.00 32 $2,272.00 TOTAL PART 3 - PARKING LOT: $3,994.00 TREES 21 RED MAPLE, 2" CAL, B &B EA 4 69000 4 $2,760.00 22 BLACK CHERRY, 2" CAL. B &B EA 2 750,00 2 $1,500.00 23 SWAMP WHITE OAK, 2" CAL. B &B EA 1 500.00 1 $500.00 24 RED OAK, 2" CAL. B &B EA 2 500.00 2 $1,000.00 25 BASSWOOD (AMERICAN LINDEN), 2" CAL. B &B EA 3 420.00 3 $1,260.00 TOTAL TREES $7,020.00 SHRUBS 26 GRAY DOGWOOD, 2 GALLON EA 12 35.00 12 $420.00 27 REDOSIER DOGWOOD, 2 GALLON EA 11 35.00 11 $385.00 28 WITCHHAZEL, 2 GALLON EA 9 55.00 9 $495.00 29 SMOOTH SUMAC, 2 GALLON EA 14 48.00 14 $672.00 30 AMIERICAN E! - DER, 2 GALLON EA 9 48.00 9 $432.00 31 NANNYBERRY VIBURNUM, 2 GALLON EA 5 56 00 5 $280.00 TOTALS HRUBS $2,684.00 WETLAND PLANTS 32 ARROWHEAD, 4" POT EA 20 8.70 20 $174.00 33 SOFTSTEM BULRUSH, 4" POT EA 20 8.70 20 $174.00 34 PICKEREL PLANT, 4" POT EA 20 8.70 20 $174.00 35 BLUE FLAG IRIS, 4" POT EA 20 8.70 20 $174.00 36 LAKE SEDGE, 4" POT EA 10 8.70 10 $87.00 TOTAL WETLAND PLANTS $783.00 TOTAL PART 1 - POND EXCAVATION: $92,606.25 TOTAL PART 2 - STORM SEWER: $10,005.00 TOTAL PART 3 - PARKING LOT: $3,994.00 TOTAL TREES $7,020.00 TOTAL SHRUBS $2,684.00 TOTAL WETLAND PLANTS $783.00 TOTAL WORK COMPLETED TO DATE $117,092.25 3404164REQ3FINAL XIS PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 774 BONESTROO FILE NO. 000034 - 04164 -0 CONTRACTOR NORD EXCAVATING INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No. From To Pavment Retainane CmmnlatPri 1 01/03/2005 01/11/05 94,725.69 4,985456 99,711.25 2 01/12/2005 08/30/05 13,756.95 5,709.61 1 3 AND FINAL 08/31/2005 08/28/07 8,609.61 _ 117,092.25 Material on Hand Total Payment to Date $117,092.2 Oii inalContract $116,998.00 Retaina e Pay No, 3 AND FINAL Chan e Orders Total Amount Earned $117,092.25 Revised Contract $116,998.00 3404164RE03FINAL xls Sep, 7. 2007 11,40AM NORD EXCAVATING MINNESOTA- REVENUE 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. Please type or print Clearly. This will t9e your mailing label for returning the completed form (Company n8mc Daytime phone I NORD EXCAVATING, INC 763- 263 -0501 Address I Total Contract amount 15265 209TH AVENUE NW I $ 116998,00 city Stele Zip Code Amount still due l ELK RIVER MN 55350 ---- -------- -,- - -- ) $ 8,765,36 Month /year Work began 01/2005 Month /year work ended 07/2005 ''! "'` Project number Project YojeCt location 774 ST. JOSEPH REGIONAL POND- NEW HOPE i„ Project owner Address City State Zlt7 code CITY OF NEW HOPE 4401 XYLON AVE, N NEW HOPE MN 5542$ Did you have employees work on this project? QYas❑ No If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested, `. ❑ Sole contractor © Subcontractor Name of contractor who hired you 0 Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must file their own IC134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified IC134. If you need more space, attach a separate sheet. Business name Address Owner /Officer PRAIRIE RESTORATIONS, INC. PO BOX 327 MIKE EVENACHECK ?' a I declare that all information i have filled in on this form IS true and oomplete to the best of my knowledge and behaf t authorize the Department of Rev enue to disclose pertinent information relating to this project, including sending copies of this form, to the prime contractor if l am a subcontractor, and to any Subcontractors if I em a ,crime contractor, and to the contracting agency. ar 71,ac is s' nature V ti Title Data CONTROL LER 9!5/07 Moil o. Minnesota Revenue. Sts 6610, St. Paul, MN 55146 6610 Certificate of Compliance 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 2700.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and / its subdivisions. Department of Revenue approval Late No. 2455 P. 2 Minnesota tax ID number 3578374 -- - -- vuVviaa LKUV. i./ur) ei 'J/ e,uJ LC1Tl r 14: ��• bdL�t3�w ��+b rrcriarcae rcc� t urtH i au,va rri�e raa MINNESOTA- REVENUE ti It Withholding Affidavit for ontra*t+ors This aMdavit must be approved by the Minnesota Department of Revenue IDOfora the stets of Minnestyta or any of its suolMsions can make final pdyment to mnvactora, Pleatb T" Dr ISM tlkthfiy. Yhi• wC be Auf malting M6 far ratumill tte comp!ewd form. a8nr nanty r . •� — - t (AiM4 Ma" , t w6n."em to !D number ra 'rataiaareractarmw i WtmW setwokbagon iso 91et4 zip Ow* I 1tnt4 Ti Guy — w Man ye�rwarWana �+ Orvkot nvrnbor i KWVM py Pttms s retrattp;ttitt --K you SUD6OMcted out any warp on this prajaet, all of your subef)M at tens must ilia theft awn tCi34 sft4dwts and hew thern oQrt(f<t!d by 9)e Nptttmont of R~ue nelbrt you can file p*wr afffdavh. ror each OLMOontrootor you had, fill in the InforfWtion WOW And attach a,copy p each 8ubeont t:ertillbd 10134. It Y6u need Moro epaoa, +Ruch a arrpareta t *01. ttvm-66" %mm. Addt+sa oww/ofiter t ae"M treat 4j W4WM&UQr t helot t11ed M en all.+ kern to ba* and enrnQme to Na ht or my k owkdp aetd botrsf, ! avtr —ft rhd b"Y~f of -O'}r, Zo ta — i #40 rolghj tb tnh; Pr L 40016 ng aepros or talc storm, to the pr?rna conirodw r11.om a awaaaor}trsato , sno !o tAet+R sib a!i to; Minn Mall Station CJ. St. S 14fr 810 j" Cartifiest* M COMP""C* , 8asad on recotdg of the Minnesota pepfirtnlimt of Revenue, I Certrfy that the contractor who has signori this cortAcate has fulfilled all the ntrquiromdnts of Minhes*% Statutes 2917.92 and 2700.06 oonoem+ng the urlthholding of Minnesota irOomttt tax rrom wsCets pals to errooyeea retltattiig to contract servtcea with Me assns or MIAI1OMX6 andlof iris SuWiMSi0ht- AewenMenl d Ra,vnde Approw! bale Srnmlt Me. 4UMIV {Orr. }.1011 l 'd *�'OLH "N "N �ONIiVAVOX3 HON Ni'd�WdbS Z ° LON ��.. 'des G+tiO4 the her Um tYftWbvs your rwolvemeM in rho projav and fal in ail Wormation ttgj taterd_ Seta ee-*—jttteK WPmt of C6�tretlte wno h y°iL r � L} � t� +� This First Amendment to Contract ( "Amendment "), which shall be effective as of the lst day of November, 2004, is entered into by and between Nord Excavating, Inc. ( "Contractor ") and the City of New Hope, a Minnesota municipal corporation ( "City "). WHEREAS, the Contractor and the City have entered into an agreement dated as of the 1" day of November, 2004, for the construction of a municipal utility pond within the City of New Hope, which project is more commonly known as City project No. 774 - St. Joseph Regional Pond ( "Contract "); and WHEREAS, the Contractor and the City have mutually agreed to amend the Contract as provided herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and in the Contract and for other consideration, the receipt and sufficiency of which is hereby agreed to and acknowledged by both of the parties, it is agreed by the parties as follows: 1. Article 9 of the Agreement Form included in the Contract as Document 00520 is hereby amended as follows: the term "General Conditions" in Section 9.01(A)(3) shall be amended to read "General Conditions - EJCDC C -700, 2002 Edition". 2. The "General Conditions" Section of the Contract (labeled in the project manual as EJCDC No. 1910 -8, 1996 Edition) is hereby deleted in its entirety and the Contractor and City hereby agree that the General Conditions labeled EJCDC C -700, 2002 Edition (attached as Exhibit A hereto and made a part hereof) shall govern the Contract in place of the deleted text. 3. Except as specifically outlined in this Amendment, all other terms and conditions of the Contract shall remain in full force and effect. 4. This Amendment may be signed in counterpart, with each counterpart binding upon a party when signed by that party and which when taken together shall constitute a single original. [The Remainder Of This Page Is Intentionally Left Blank] NORD EXCAVATING, INC. By: Ye - V , Dale Nord President CITY OF N HOPE ;$ - By: aniel J. Dona ue City Manager STATE OF MINNESOTA ss. COUNTY OF HENNEPIN STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. Q The foregoing instrument was acknowledged before me this 3 day of 01 20 )5 , by Daniel J. Donahue the City Manager of the City of New Hope, a Minnesota m nicipal corporation, on behalf of said municip 1 corporation. Notary Public Drafted By: JENSEN & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P: \Attomey\CmklCtients \CNH \99- 10030 - Public Works \002 -St Joseph Regional Storm Water Pond \CNH99.10030(C)(2) - 002 - Amendment to Contract.doc 2 1 ! This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE 1 and Issued and Published Jointly By F` AC L .r Ha#tona / S:**JeW of r` t Pno►IF,essJratraJ EngJ»eoa AMgµf4AN COUNCIL OP 1;NOie:XZjN4 CtlAtINNiG "iwlwrrt p-y Yt� f�Sd lSr1�!!r�f klffab j PROFESSIONAL. ENGINEERS IN PRIVATE PRACTICE i a practice division of the " NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ''. AMERICAN COUNCIL- OF ENGINEERING COMPANIES i AMERICAN SOCIETY OF CIVIL• ENGINEERS i! This document has been approved and endorsed by The Associated General Contractors of America t Knawiedpo kr Crominp and Suataintnp the Butte EnvHenmmnt Construction Specifications Institute EJCDC C -70D Standard General Conditions of the Construction Contract, Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 r.f l d Copyright ©2002 National Society of Professional Engineers r 1420 King Street, Alexandria, VA 22314 ! American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191.4400 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'Edidons). 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). 1 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professionat Engineers for EJCDC. All debts reserved. 00700.2 r? '! TABLE OF CONTENTS page ARTICLE l' DEFINITIONS AND TERMINOLOGY .... ...... ............... .__-�__-.'_-_--_�-_-_-........ 6 ]Ul Definxd7e,mx-_'- _'____-_----_----__'_'--___'---_---6 102 | . .--_............... _'-----_'---''---------------~-^'--^-8 ARTICLE 2' PRELIMINARY &8&TTED8 .............. .---'-'-_-----_--_ ................. -------^--'----�� 2.0I Delivery qf Bonds and Evidence 9fio^omo, ............... ,........ . -`_ ....... 2x2 Copies qf Document -'---- .......... _-'_-'---_-.--....... -__---_'--........... ... -A 2o3 Commencement AotiuvmPrnneed ---.. -_'.... ......... __9 2u4 Starting the . .--'p 305 Before Starting Construction. .-____-__- ......... ---'-------'--------- ...... ...... .... -9 2.05 Prwon#n^ctim/ -_----__......... _'_,-....... ___---___'_~-.-,-/9 ' 3.07 Initial Acceptance of Schedules ................... _--^'~.... ........... ........... ` ... ---- ...... ................ 'g � + ARTICLE 3- CONTRACT DOCUMENTS: INTENT, AMENDING, RGlXBE.- ............... ._..-_.--- ... .... --_._-8} 3 .01 {ou��~_._'-'......... ......... .__.......... '-___........ 8) 302 | | 3.03 Reporti and Resolving Discrepancies _--.'~__-_...... _-,.-___-_---__ ........... -_......... --1O +v4 Amending andSupplemenring Contract Documents....,.. ............... ................ -~ ................ ....... . ....... ... - ....... .... 11 3 .05 Reuse oyDocunvnts ...... __.--__....... ...... __............... - ......... ....... ........... .............. ............... D ' 3,06 Electronic Data_ ................... _-... ... ___ ............ '--.---_--_--............. ............. --'_-_....... _-lI [l ARTICLE 4- AVAIL-ABILITY OF LANDS; SUBSURFACE AND P}BSICAlCONIITlOyS/HAZAJD}OlDS ENVIRONMENTAL. CONDITIONS; REFERENCE POINTS. -__---'_'_---.......... ......... _ .......... -____1l .� 4.01 Availability ny Lands ...... -__............... __'-.^.-_--.--_...... ....... ---_-................ ......... .~-_ll ! 4�02 Subsurface and Physical Conditims.____.___�.__�--_-_-_-_-_--_ ... ....... _^-_---.l2 | 4.03 ....... - ........ ............... _---_.-............. -__-~_13 � 4 ,04 Underground Facilities __--.-._... ....... ...... --..-_-___'---_............. _.13 4{5 Reference }oints_- ............ '._-._'_~__-..................... ..__-~--'-~-_-__-_,'---._.l3 � 4.06 f6xnandavofnvin,nnenta/ Condition nr Site- _---._---_--.-_--__-.---.-_..... ............... .-,l3 ARTICLE 5' BONDS AND lNDUlANCB ....... ......... -' -_,_-,.--^..-_ .......... .l4 5 101 Performance, Payment, and Other Bonds ....... ......... __...... _ __ ..... ----'.... --_--__---l4 5,02 l��mmd Sun��x��In^neo~.--____-___-__-^--___._-__--.'-...-_-'--_l5 \ 5Z3 Certificates q/ Insurance ... -_-' _ _ _ _ ...... -_---___--' ....... ..... ..... ..................... _-. _- --`.'--1J 5.04 C�tnxcwr�L�b��ylonvann�-.'-_�_-_-'__�~`..._-_-^__-_-_-_-__----.-,_lj . 5,05 Owner's -_- ...... __-_-........ ............ .......... ..... '............ ........ _--_'__---.l6 | �U6 }+^pw�y�ovnper-------,--__--__~.-~`-_-..-'__-..___-_`--~__-,..,lh �| 5J7 Waive of Rights_ __ ---.......... -.- ......... - ......... ...... --__-_-_--.-_----l7 5.08 Receipt and 5.09 Acceptance ofBonds andlitsurance; Option to Replace.......... ...... _ � . 17 .~~ Se Ma a E .............. ----^-`-'--.`----'�-�---_'�* nm* -.--_'�'-.^-'-_-_----'_.__'_._'__..]8 605 Substitutes and "�,f�p��^-_-_-___-_--.......... ,'-......... -~.__.--'_-....... '-_--J9 ODU Concerning Subcontractors. Suppliers, and ................ --............. --_---................ -._%8 | 6Z7 Patent Fees arid Royalties ... ...... '-..--._-..�-~.---_.---_ ......... --...... ................ 21 6 .08 ....... ............. ........ '---_-_--..____-----�---._'._-----_-�} 0.09 Laws and Brgplatinn, -......... _._... .......... ....... -_-_'-_---.-............... --_'21 6.10 ....... ..... -'--_-___�'_`_. 811 Use of Site and Other 8reua--'.'__'_-----_.- ....... - ........... -J% 6.12 Record Documents .--_ _ __ ' ....... -''-__-.--___-- ........ ' ......... `-,. ...... _22 � 6.13 Safety and Protection. .__ ............. _--.-'_........... ----.'---'-J% / 6.14 6afety .'-__-_--.-_ ^ � -' - ---�--------� ''-'---'----�-'- I] � 6,15 l� Hpu^nd EJCDC C-700 Standard General Conditions of the Construction Contract, Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. | 616 Emergencies ........:.. ........... .... ...:..,......,..,,............. ,...............,..... 23 6,17 Shop Drawings and Samples ,......,.....,.... " ....... .. ........._....,,.........,....,........ ,.......,...:.................. . ........... 618 Continuing the Work ..................................,,,......, ........•..............,.,,..,, i 619 Contractor's General Warranty and Guarantee .. . ...............,.,.,.,:........ ..... ., ....... ,,.......,......,....... .........,,..,..........,....24 6.20 Indemnification.................,..,,........:,.......,.................,.........,...,.,.. , .............................. .............. .......... ,..,... ........ ..... 24 621 Delegation of'Profe•ssional Design Services ... ... ......... ....................,........, ............... .,..............,•.. ............................... 25 ARTICLE 7 - OTHER WORK AT THE SITE ...... .................................... ... ............... .. ......... - ...... .....,....,.... .,.,.....,....,.,.........,..25 7.01 Related Work at Site ... .... .... --- ........ --- ............... .......... ......,........ ,....... ... .... ... - ........... .. ..,.........._.......... ......, .2 7.02 Coordination ....:• .................................... ......:..................... ...... ....... ...... - ..................... -- ...........26 7.03 Legal Relationships. .- . .... -- ............ . ............................... ... .. -.,...........,.....,.....,,.,..,,,. ,..,.........,,....,,........26 ARTICLE 8 - OWNER'S RESPONSIBILITIES, ................. .. ..,......:.,.,.,.,.......,..... ...... : ........... ,,,., ...... ...,..,....:.. •............. ,,.........,..,26 8.01 Conununication•s to Contractor...... ......... -- . .............. ................... ....... .......... ...... .,....26 8.02 Replacement of Engineer . . 26 8,03 ,,. .. . ..... ................. ...................•....,,.., .... , ,................ ... .......... .............. .. ,.....,...... Furnish Data.--- ........... . .. 26 8.04 Pay When Due ......................... ... . ......... ..........:.................... -..._.,,....,..........,................,...,..,...... .........................,...., 26 8105 Lands and Easements; Reports and Tests. .............. ..,...........,..:---- .......... _,,:.,,...,.,,. .................................. .......... ..26 8.06 Insttrance..,., _... „ ............... ............................... _,.. ,..,....... ......, ,,..........., ...............,............ -,. , .,..............,,,.......,..26 8.07 Change Orders ......... ............................... .............................................. ............................... ....... . ............................... 8,08 Inspections, Tests, and Approvals ... .".....,.....• ..........................,.......................,..........................., ..,...........,.......,.•..,.26 8.09 Limitations on Owner's Responsibilities ................................................... ............................... .............. 27 8.10 Undisclosed Hazardous Environmental Condition.,...... ........ - .................. ----.27 811 Evidence of rinancial Arrangements ....,.. ................ ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION....--- ......... ............... ................... -- ...... ---.27 9.01 Owner's Representative ,...... ......................................,........,.,._........,..........................,..........,........ ..,.,......,...,.......,...,.27 9.02 Visits to Sim ...... ........ .............. .............,..............:.. ,._.,......,,..,.......... ....... ,........... ..•....,.............,..... ,.....,,........ .....,,..,..... 9.03 Project Representative . ............ ..... .... ,................ ...... ... ................. .......... --- ._............................ .... ............. ......,,.., ...... 27 9.04 Authorized Variations in Work.....,,.,....,. ................. ---- ....................................,...............,................ •....,.......................27 9105 Rejecting Defective Work.....,..,... ..................................................................................,...................... .......................... -..27 i , 9.06 Shop Drawings, Change Orders and Payments ........•. •,......... 9,07 Determinations for Unit Price Work ., .......... .. .....•.,........................ .....,,...,....,........ I_......,........... .,,.....,,......,^....,..,...28 9..08 Decisions on Requirements of Contract Documents and Acceptability of• Work .. ............ .••••••.••• - -• • 28 9.09 L•irrritation.s otr Eirgineer's Authority and Responsibilities ... ,.... .... ......:..............,...,,. ........ 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .. ..... .... .............:.....,....,. .......... .....,. ..........,....,,,,..........., ..,...........,.,.,..,,..... ,.28 .; 10,01 Authorized Changes in the Work.....,..,...- ........ ..,28 ° 10.02 Unauthorized Changes in the Work ................ •,..........,.:.......................,...,.............. ,...,.,,.....,.............. ........._.,...... ._......._.29 10,03 Execution of•Change Orders......,... ............................ .., ................... ,...................... ,..................... .. .........,,.,...,_.,.........29 i 10.04 Notification to Surety .............. . _._,.....,,,.....,... .................. ... ..... . ,... ,..,. ,...,.,,.,,.,.,.....,..., .,.........., .............. _.........29 10,05 Claims ...... .... ............... .......:.....•,,,.,..... ,.,..,,...,....._,..... ......... ,.........,,.............................,,....................:..:... ..........:....,..........,..29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ...... .... ......... :...................... ....._..,,............,...... 30 11.01 Cost oft/re Work..:........ ....................................,.....,....,,.........,...,.,.....,,..•..,.,...., ....................,,.....,.., .._.,..................:....., 11 .02 11.03 Allowances.-.......... ............... ...... ...............,...,....,........................... .......... ,......,...... .......... .... n....... , ....... ,,....,......,......31 Unit Price Work ... -. ....... ...........,,,........,......,:. .....,........:,,...,,.,..,..., ,,...,........... ,...........:........,................,..... ............................ , ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ................,...,.... , ............................ .. 32 1101 Change of Contract Price ...................,.....,...,.................,.......................,,,..............,..,.....,..,,.......,..,... ..,....,.,.......•............. 32 12.02 Change of Contract Times . 12.03 Delays ". ---- ." ......:... ............. ...,......".......,.:......,,....,., ,..,....... .,.......,,..•..,.,, .,,,,,. .,,._........... .. ...:.......... ......................, 33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL- OR ACCEPTANCE OF DEFECTIVE WORK....... 33 13,01 Notice of Defects ...... .... .... --- .......... ....................... .............. ........ ............. ............,.,,.....,._.............,.., ,,..,..- ,..._,,...,...,......33 13.02 Access to Work.. . ........... ........... - --- --- . ... ........... ..... ,, '-- ....... 13,03 Tests and Inspections ... .... ...... -- ....... ..,... ,...,.......,...... .............................. ............ .. .......... ...........,.,,..,. 33 L 13.04 Uncovering Work......,...,....,.,. . .......... .............,.,.......,... ....... ,....... - ....... ,............._,...,.....,......,..,.........,,, ..,,..,......,............... 34 13.05 Owner May Stop the Work ............................................. .:........................... .. 34 13,06 Correction or Removal of Defective Work ............ ................:.............. ..................... 1107 Correction Period . ........ ... .............. ..............."................. .....,,..........,.,.,.....,........,..,.,.,,.:,........,........ .,,..............,............. 34 13,08 Acceptance of Defective Work .... .......................... ... ....... ...................... .,...,.,........,,,....:..... ,...,,.,...... .......•.....................35 1309 Owner May Correct Defective Work. ... ......... 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. ....... - ......... ...... 36 14..01 Schedule of Value• s.,... ......................,.............. .............,.................. .......,.............. ---- ........... ..,........,. ...,................... ...... 36 14.02 Progress Payments..... .......... - ...... -- ...... -_- ...... ....... ---- -36 14,03 Contractor's Warranty of Title ............................................................................................. ............................... ............37 1 4 . 04 Substantial Completion -,. ,. ................. ........ ...............,,,.,.,.,.,. , ..: ..............,...,.,.......... 37 EJCDC C•700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.4 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. AR rights reserved. 00700.5 14-05 Partial Utilization .. . ................... .38 14.06 Final Inspection... ... ............................... .. ....... ............_..,.......,......_ ....... .,........,......,,............ ....,... ........ .............. .....38 14.07 14.08 Final Payment.._...........,. ........................... ............... ........... ...........................................,.....,..... Final Completion Delayed,,...,...,... ..... ,........... ,...,...... ... ...38 ..............39 14.09 Waiver ofClairns ....... ...............,.,........,,.....,.....................„............... ..... ........ .,......,...... ... ___ ........ ...... ... ........ 39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.._ ......- ..... .......... ,............ ,..,.....,.._,.,........... ,...................39 15..01 Owner May Suspend Work.,..........,. .......... ....,...,...................,.. ,......................,.,, .,..,......... . ...... ... ... ....... .... ....... , .......39 15.02 Owner May Terntinate for Cause ............................................................... ............................... , ..................,...,, .....,.....34 I5,03 Owner May Tenninate For Convenience., .. ............... .......................,.,...,, . ,...,........,........................ ....... ,....... ....... ...,...40 15.04 Contractor May Stop Work or Terminate ... ...............................,....,.....,.,. ,,............,........,.,.,.., ...,... ....,....,............. .... ..40 ARTICLE 16- DISPUTE RESOLUTION........... ...... ....................,......,.....,......,....,...,......,..............,.........,...,,.,.......... .........,....,..............41 16 .01 Methods and Procedures .....,...,....._.,....... »...,..,.......,.,.....,.....,..,......................,..,............... ...,..... ................. .................... .....41 ARTICLE - MISCELLANEOUS ............................. .......................... ........................_....,....,.... ..,.,.........,....... ......... ___ ... ......... 41 17..01 Giving Notice ................................. ...:........................... .. 41 17 .02 Computation of Times. ....... ..............,....... . ..........................__... ,...,.........,........,. .......,..,.....,........,.,.., ..........., __41 17 .03 Cumulative Remedies,.......,...,..... ... ....... .... ...... ......... _..,...,.,.,..............,................. __......., ..,........,.......,.,.................. ..., .. 41 17.04 Sundval of Obligations ._................. ...... . .,.,,.•............. ........... ..... ..........,......,..,.......... ........ , 41 17.05 Controlling Caw. ........................,.»...........,....,............................ ..................,,........... .... .......... ......... ... .... .......... .......41 i 17.06 Headings..,.,....,,.,,..,,.. ............ ............,...,,.,.........., ,.........:....,,..............,,...,.....,.,..,,.,,..,..,. ..,...........,.............,,, ...,,.................41 1 f 1 �1 J EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. AR rights reserved. 00700.5 GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.41 Defined Tenns A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms, 1. Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement- -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3 Application for Payment- -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos- -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner. 7, Bidding Doctanents- -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. Claint - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Puce 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 I2. 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 11.43 in the case of Unit Price Work). 14, Contract Tirnes- -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15 Contractor- -The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work - -See Paragraph 11,01.A for definition. 17. Drawings --Tbat 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. r- r I r: 1 � r I r 1 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 00700.6 20. Field Order= -A written order issued by 32. Progress Schedule - -A schedule, prepared and r'l Engineer which requires minor changes in the Work but maintained by Contractor, describing the sequence and 1 which does not involve a change in the Contract Price or duration of the activities comprising the Contractor's plan the Contract Times. to accomplish the Wotk within the Contract Times, l.J t ;.1 t.� i; 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 3004 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 Aivard- 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 continence 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 biphenyis. 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. Sainple•s -- 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 Subnuttals--A schedule, prepared and maintained by`Contraetor, 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. Sha o Drawings- -All drawings, diagrams, illustrations, srz Jules, 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 casements 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 cep 2002 National Society of Professional Engineers for EJCDC. Alt rights reserved. 00700-7, 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. 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 - -AU 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. SO.. 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. 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 Temdnology 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 Ternls 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, 52. Work Change Directive - -A written statement or to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by c, has been damaged prior to Engineer's - Engineer ordering an addition, deletion, or revision in the recommendation of final payment (unless Work, or responding to differing or unforeseen subsurface responsibility for the protection thereof has been or physical conditions under which the Work is to be assumed by Owner at Substantial Completion in performed or to emergencies, A Work Change Directive accordance with Paragraph 14.04 or 14.05). will not ch ange the Contract Price or the Contract 'Times EJCDC C -700 Standard General Conditions of the Construction Contract, Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 I l• -- 1 i I 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3., Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10I 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 tabor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9, 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.. responsibilities of' Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents.. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1, Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Perfonnance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing.. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 304. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions or the Construction Contract, Copyright tai 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 i t' (, t, u l.,J a 1 r 1 (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 4J 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 shalt 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 - AVAIL•ABn,ITY 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 or the Construction Contract. Copyright 0 2002 National Sodety of Professional Engineers for EJCDC. All rights reserved. 00700.11 4.02 Subsurface and Physical Conditions A. Reports and Drawings The Supplementary Conditions identify: 1.. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents, B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2.. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4..03 D{ffering Subsurface or Physical Conditions A. Notice. If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4..02 is materially inaccurate; or 2.. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4 is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions, r� rw ti C' C. Possible Price and Times Adjustments 1, The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03. A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11,03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a.. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract or b, the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or 1 i r f I s' EJCDC C•700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.12 c. Contractor failed to give the written notice as required by Paragraph 4.03. A. r.•� FI I r- i. ..1 �i LJ 1 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10,05, However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project, 404 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 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. i 1. If an Underground Facility is uncovered or B, Vntited Reliance by Contractor on Technical revealed at or contiguous to the Site which was not shown Data Authorized: Contractor may rely upon the general or indicated, or not shown or indicated with reasonable accuracy of the "technical data" contained in such reports accuracy in the Contract Documents, Contractor shall, and drawings, but such reports and drawings are not promptly after becoming aware thereof and before further Contract Documents. Such "technical data" is identified disturbing conditions affected thereby or performing any in the Supplementary Conditions Except for such reliance Wotk in connection therewith (except in an emergency as on such "technical data," Contractor may not rely upon or required by Paragraph 6 16. A), identify the owner of such make any claim against Owner or Engineer, or any of ! Underground Facility and give written notice to that their Related Entities with respect to: owner and to Owner and Engineer. Engineer will ^ EJCDC C -700 Standard General Conditions of the Construction CoutracL Copyright © 2002 National society or Professional Engineers for EJCDC. All rights reserved.. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall_ be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16..A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05, Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4 -02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE } ; r r t i ..i , 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shalt furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents.: These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved 00700-14 t...., '1 1 f` l: c� rl �.l 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.•013, 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 5,013 and 5.02. 5.02 Licensed Sureties and It :surers 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 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, ail of whom shall be listed as addi- tionAI 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 Iimits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; Work being performed and as will provide protection EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6 20; 5 contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7, with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional 'insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1, include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2, be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3 include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to . each other additional insured to whom a certificate of insurance has been issued.. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5 07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any i [ t I ~ i. I, r~ L- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for MCDC, All rights reserved. 00700.16 n t. r"] t 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.$ 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 shalt 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.. 509 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 0 2002 Notional Society of Professional Engineers for EJCDC. All rights reserved. 00700.17 I 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 ;J 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" Itentr: 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: 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, 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, i 1 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; 3) it has a proven record of performance b) whether or not use of the proposed and availability of responsive service; and substitute item in the 'Work will require a change in any of the Contract Docu- b, Contractor certifies that, if approved and ments (or in the provisions of any other incorporated into the Work: direct contract with Owner for other work on the Project) to adapt the design 1) there will be no increase in cost to to the proposed substitute item; and the Owner or increase in Contract Times, and EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Proresslonai Engineers for EJCDC All rights reserved. 00700.19 e) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty, 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Con.stniction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents, The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C Engineer's Evaluation. Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.8. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability.. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal," Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 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 6.06B), 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, shalt 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 E. Engineer's Cost Reimbursement: Engineer Subcontractor, Supplier, or other individual or entity any will record Engineer's costs in evaluating a substitute contractual relationship between Owner or Engineer and proposed or submitted by Contractor pursuant to any such Subcontractor, Supplier or other individual or Paragraphs 6.05.A.2 and 6.05,B Whether or not Engineer entity, nor approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the 2, shall anything in the Contract Documents charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or substitute.. Contractor shall also reimburse Owner for the Engineer to pay or to see to the payment of any moneys charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual EJCDC C -700 Standard General Conditions or the Construction Contract, Copyright 0 2002 National society or Pr oressionat Engineers for EJCDC. All rights reserved.. 00700.20 J: 1 t _., I 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 t_ 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 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, others. If a particular invention, design, process, product, C. Changes in Laws or Regulations not known at or device is specified in the Contract Documents for use the time of opening of Bids (or, on the Effective Date of in the performance of the Work and if to the actual the Agreement if there were no Bids) having an effect on knowledge of Owner or Engineer its use is subject to the cost or time of performance of the Work shall be the patent rights or copyrights calling for the payment of any subject of an adjustment in Contract Price or Contract license fee or royalty to others, the existence of such Times 'If Owner and Contractor are unable to agree on rights shall be disclosed by Owner in the Contract entitlement to or on the amount or extent, if any, of any Documents 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 O 2002 National society or Professional Engineers for EJCDC, All rights reserved. 00700-21 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1, Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2.. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work B.. Removal of Debris Daring Perforrnttnce of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning.: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures. Contractor shall not load not 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. 612 Record Doeurnents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I. 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 I other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or toss to any property referred to in Paragraph 6..13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Draw- EJ CDC C -100 Standard General Conditions of the Construction Contract, Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.22 r , 1", F i y L. ..i i i I t i i r i.l I ings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). D. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14,07.E 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 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. E. 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 die 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. a. Submit number of copies specified in the 2. Each submittal shall bear a stamp or specific General Requirements, written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Constmctlon Contract. I Copyright m 2002 National Society of Professional Engiuncers for EJCDC, All rights reserved. 1 _ 00700-23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D, Engineers Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C..3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. B. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals, 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. 619 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage, C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: I. observations by Engineer; 2, recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4.. use or occupancy of the Work or any part thereof by Owner; 5 any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6, any inspection, test, or approval by others; or 7.. any correction of defective Work by Owner 620 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, agenw, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or T3CDC C -700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for E ICDC. All rights reserved. 00700-24 1 r� 1 I i i 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: i.. 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, shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy, D. Pursuant to this Paragraph 611, 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 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 that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner 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 Generat Conditions of the Construction Contract.. Copyright 0 2002 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00700-25 ., properly integrate with such other work Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibili- ties will be provided, B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A.. Paragraphs 7.01. 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 direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions.. ARTICLE 8 - OWNER'S RESPONSIBILITIES 801 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. f 8.03 Furnish Data I , 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 I4.07..C. 8.05 Lands and Easements, Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4 01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and i drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the r , Site that have been utilized by Engineer in preparing the 1 Contract Documents. 8..06 Insurance j A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. S ' 8..07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, tests, and Approvals i A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03 B. EJCDC C -700 Standard General Conditions or the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC.. Ali rights reserved.. 00700-26 rf F i. i t.� I 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. 831 Evidence of Financial Arrangentents 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 901 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 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 Contractors 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, aspects of Contractor's executed Work. Based on 9.05 Rejecting .defective Work information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in A. Engineer will have authority to reject Work general, if the Work is proceeding in accordance with the which Engineer believes to be defective, or that Engineer Contract Documents. Engineer will not be required to believes will not produce a completed Project that make exhaustive or continuous inspections on the Site to conforms to the Contract Documents or that will prejudice check the quality or quantity of the Work. Engineer's the integrity of the design concept of the completed efforts will be directed toward providing for Owner a Project as a functioning whole as indicated by the greater degree of confidence that the completed Work will Contract Documents. Engineer will also have authority to conform generally to the Contract Documents. On the require special inspection or testing of the Work as basis of such visits and observations, Engineer will keep provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. EJCDC C -700 Standard General Conditions or the Construction Contract.. Copyright 02002 National Society of Professional Engineers for EJCDC. Att rights reserved, 00700.27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12 D. In connection with Engineer's authority as to Applications for Payment, see Article 14 9.07 Detenninations for Unit Price Work A.. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise)„ Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05, 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10..05.B, C, Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents- C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the require- ments of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. E. The limitations upon authority and responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK, CLAIMS 10.01 Authorized Changes in the Work A.. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. tinder this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 i 1. i i i a �J t� i i i I 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..I6 or in the case of uncovering Work as provided in Paragraph 13.04..B, 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: l.. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0LA, (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.B. 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 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. EJCDC C -700 Standard General Conditions of the Construction Contract Copyright 0 2002 National society or Professional Engineers for EJCDC. All rights reserved. 00700.29 F No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05• ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK I L01 Cast of rite Work A. Costs Included_ The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01,11, 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 ILOLB 1.. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor, Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limlted 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 Ieave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 1 1.01. 4, Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a• The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof, All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e.. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained by insurance or otherwise, sustained by Contractor in connection with the performance 1 Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have EJCDC C -700 Standard General Conditions or the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700-30 1 11 �i 3 �J 0 i c-, resulted from causes other than the negligence of Contractor, dny Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shalt 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. f 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. rl 1 B. Costs Excluded. The term Cost of the Work �a shalt not include any of the following items: t ] 1.. Payroll costs and other compensation of { . j 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 I or specifically covered by Paragraph 11.01. AA, 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_ 1l 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 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 11.01.A and 11..01_B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Allowances A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a, the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance I. 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 Vlrork A.. Where the Contract Documents provide that 5. Other overhead or general expense costs of all or part of the Work is to be Unit Price Work, initially any kind and the costs of any item not specifically and the Contract Price will be deemed to include for all Unit expressly included in Paragraphs 11.01.A and 11.01.B. Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in performed on the basis of cost -plus, Contractor's fee shall the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contrnet. Copyright ® 2002 National Society of Professional Engineers for EJCDC. Ali 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 allowance for overhead and profit not necessarily in accordance with Paragraph 12 01.0 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 12,0131, 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: I. 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 1 I.O1.A 1 and 11.0i..A.2, the Contractor's fee shall be 15 percent; b for costs incurred under Paragraph 11.01.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 110I..C.1a 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.O1.A.I and I1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d, no fee shall be payable on the basis of costs itemized under Paragraphs 1 L01 -A-4, 11,01.A.5, and 11.01.8; 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.2,a through 12 01.C,2..e, inclusive 12.02 Change of Contract Times 2, where the Work involved is not covered by unit prices contained in the Contract Documents, by a A.. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions or the Construction Contract, Copyright 0 2002 National Society of Professional Engineers for F TCDC. Au rights reserved. 00700.32 i r't E� k'•i i l� i' Li z �J 1 1 t.J i : +.J _i 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. 1203 . 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 12.03.0. 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 provides 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. 1103 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 shalt 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,C and 13.03,.) 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, z. t.:ontractor snau not oe ennuea 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 or the Construction Contract. Copyright Q 2002 National Society or Professional Engineers ror EJCDC. Ali rights reserved, 00700-33 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.. 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. 13A4 lIncovering 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 equipment, or fails to perform the Work in such a way '. that the completed Work will conform to the Contract i 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. 1307 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1: t. t l L I i' 1, repair such defective land or areas; or i-� 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. c �.1 EJCDC C -700 Standard General Conditions of the Construction Contract, Copyright © 2002 Nationnl Society of Professional Engineers for EJCDC. All rights reserved. 00700.34 rj -1 f .LJ 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 Q 2002 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00700-35 payments and will be incorporated into a form of Applida. 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 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 a. 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 tide to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. accompanying data and schedules, that to the best of S, Engineer may refuse to recommend the whole Engineer's knowledge, information and belief: or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner a. the Work has progressed to the point indicat- stated in Paragraph 14.0213.2. Engineer may also refuse ed; 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 0 2003 National Society of Professional Engineers for EJCDC. Ali rights reserved. 00700-36 I r i I inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be neceseary 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; e. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 11.09; 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 to Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a, claims have been made against Owner on account of Contractor's performance or furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to set -off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15,02-A. 1 If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.0.1.. 14 A3 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 d efinitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society or 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. 1406 Final Inspection 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 I. 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: I li u a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5..04.B.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 A. upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C•700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. Ail rights reserved. 00700-38 f' G J i f" i t:. J i n 1 t i 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 L 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 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. 1502 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 15A2.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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJ'CDC C•700 Standard General Conditions of the Construction Contract. Copgright 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.B, Contractor shall not be entitled io 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, lasses, 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.E and 15 02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.0l.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02 -B, 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): I 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 Iabor, 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 f' r i �a 1 i. A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C•700 Standard General Conditions of the Construction Contract, Copyright 0 2002 National Society of Professional Engineers for EJCDC.. All rights reserved. 00700-40 ; t F i r] ..1 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 05.0.3 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 Rentedie.x 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. IT04 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 COUNCIL Pig REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Development & Public Works October 25, 2004 Planning Item No. " By: Guy Johnson By: 8.3 RESOLUTION APPROVING THE COOPERATIVE AGREEMENT FOR NORTHWOOD LAKE IMPROVEMENTS REQUESTED ACTION Staff is recommending that the Council pass a resolution approving a "Cooperative Agreement For Northwood Lake Improvement" between the Bassett Creek Watershed Management Commission (BCWMC) and the city of New Hope. The agreement is for the construction and funding of a new regional pond west of St. Joseph's Church. POLICY /PAST PRACTICE A new regional water quality pond for this location is part of the city's 4996 Surface Water Management Plan. BACKGROUND The new regional pond is part of Northwood Lake's watershed and will help improve the quality of the storm water entering Northwood Lake from this area. The new pond is also part of the Capital Improvement Plan (CIP) that was adopted on September 16, 2004, by the Commission as part of their 2nd Generation Plan. At the same time, the Commission passed a resolution ordering the regional pond project. With the city approving the construction of the project, awarding a contract, and approving the agreement, funding assistance from the Commission is available. FUNDING The engineer's cost estimate is $182,700 for construction of the new regional pond. The city will pay all of the expenses related to the construction of the new pond. Funding will be through the city's storm water fund and the Commission's CIP. The Commission will receive funding from a Hennepin County ad valorem tax levied throughout the entire BCWMC watershed. The Commission will attempt to secure a $182,700 payment from the county. The Commission's reimbursement to the city will be the amount it receives from the county, less any Commission expenses. In addition, storm water pond fees of $44,000 have been received from St. Joseph's Church, and the Hillside Terrace housing development on the Church's out lot will also be required to pay $30,250 towards the regional pond. ATTACHMENTS The Cooperative Agreement For Northwood Lake Improvements, a copy of "Attachment One" (Feasibility Report), the resolution approving the agreement, and the engineer's memorandum are attached. MOTION BY f SECOND BY i .mr-AkPubworksx2uu4\Y i4GooperativeAgreementt3assettureeK RESOLUTION NO. 04 -181 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH BASSETT CREEK WATERSHED MANAGEMENT COMMISSION FOR COSTRUCTION OF NORTHWOOD LAKE IMPROVEMENTS (St. Joseph's Church site regional pond) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the Bassett Creek Watershed Management Commission ( BCWMC) has heretofore adopted a watershed management plan (Plan) within the meaning of Minn. Stat. §103B.231, and WHEREAS, the BCWMC Plan includes a Capital Improvement Program (CIP) which has incorporated as an approved water quality project construction of the City of New Hope's St. Joseph's Church site regional pond identified by the City as Improvement Project No. 774, and WHEREAS, the BCWMC Plan specifies that projects in their CIP will be funded by a county tax levy authorized by Minn. Stat. §103B.251, and WHEREAS, the City now has the ability to seek reimbursement for its cost to construct the St. Joseph's Church site regional pond from the BCWMC subject to the City's entering into a Cooperative Agreement For Northwood Lakes Improvements (hereafter Cooperative Agreement) with the BCWMC a copy of which is attached as Exhibit A, and WHEREAS, the City Engineer and Public Works Director have estimated the total construction cost of the regional pond approved for reimbursement subject to the terms of the Cooperative Agreement will be $182,700.00, and WHEREAS, this Council hereby determines it is in the best interests of the City of New Hope and its residents to enter into this Cooperative Agreement with the BCWMC for the construction of the St. Joseph's Church site regional pond identified by the City as Improvement Project No. 774 in accordance with the terms of the Cooperative Agreement. NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City ofNew Hope as follows: The Bassett Creek Watershed Management Commission's Cooperative Agreement For Northwood Lakes Improvements, which includes as an approved water quality —1— project construction of the City of New Hope's St. Joseph's Church site regional pond identified by the City as Improvement Project No. 774, is hereby approved. 2. The Mayor and City Manager are hereby authorized and directed to enter into and sign on behalf of the City the Cooperative Agreement For Northwood Lakes Improvements attached hereto as Exhibit A. Dated the 25 day of October, 2004. 4 Dn er, ayor Attest: l oalus -- Valerie Leone, City Clerk P:iATTORNEY\CNH RESOLUTIONS \CNH99. 10030- 012-RESO APPROVING ECWMC AGREEMENT FOR ST. JOE'S POND.DOC —2— COOPERATIVE E O. NORTHWOOD LAKE IMPROVEMENTS This Agreement is made as of this 16 day of September, 2004, by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission "), and the City of New Hope, a Minnesota municipal corporation (hereinafter the "City "). WrINESSETH: WHEREAS, the Commission adopted the Bassett Creek Watershed Management Commission Watershed Management Plan, July 2004 on September 16, 2004 (the "Plan "), a watershed management plan within the meaning of Minn. Stat. § 103B.231; and WHEREAS, the Plan includes a capital improvement program ( "CIP ") that lists a number of water quality project capital improvements; and WHEREAS, the water quality projects identified in the CIP include construction of water quality improvement projects for Northwood Lake in the City of New Hope described as construction of a treatment pond east of 35 Avenue North and Ensign Avenue (pond NB -36A, option 5 in Northwood Lake Plan), as more fully described in Attachment One to this Agreement, which is hereby made a part hereof (the "Project "); and WHEREAS, the Plan specifies that projects in the CIP will be funded by a County tax levy under Minn. Stat. § 103B.251; and WHEREAS, on September 16, 2004, the Commission adopted a resolution ordering the Project, directing that it be constructed by the City and that the costs be certified to Hennepin County for payment in accordance with Minn. Stat. § 103B.251; and WHEREAS, it is expected that Hennepin County will levy taxes throughout the watershed for the Project for collection and settlement in 2005; and WHEREAS, the City is willing to construct the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: The Project will consist of water quality improvements in the City as more fully described on Attachment One. cLL- 252889vi BA295 -1 2. The City will design the Project and prepare plans and specifications for construction of the Project. Plans and specifications are subject to approval by the Commission's consulting engineer. 3. The City will advertise for bids and award contracts in accordance with the requirements of law. The City will award the contract and supervise and administer the construction of the Project to assure that they are completed in accordance with plans and specifications. The City will require the contractor to provide all payment and performance bonds required by law. The City will require that the Commission be named as additional insured on all liability policies required by the City of the contractor. The City will require that the contractor defend, indemnify, protect and hold harmless the Commission and the City, their agents, officers, and employees, from all claims or actions arising from performance of the work of the Project conducted by the contractor. The City will supervise the work of the contractor. However, the Commission may observe and review the work of the Project until it is completed. The City will display a sign at the construction site(s) acknowledging the participation of the Bassett Creek Watershed Management Commission. 4. The City will pay the contractor and all other expenses related to the construction of the Project and keep and maintain complete records of such costs incurred. 5. The Commission will use its best efforts to secure payment from the County in accordance with Minn. Stat. § 103B.251 in the amount of One Hundred Eighty -Two Thousand Seven Hundred Dollars ($182,700). It is understood that tax settlement from the County is not expected to occur until 2005. Out -of- pocket costs related to the Project, incurred and paid by the Commission for publication of notices, securing County tax levy, preparation of contracts, review of proposed contract documents and administration of this contract shall be repaid from funds received in the tax settlement from Hennepin County. All funds in excess of such expenses are available for reimbursement to the City for costs incurred by the City in the design and construction of the Project. Reimbursement to the City will be made as soon as funds are available provided a request for payment has been received from the City providing such detailed information as may be requested by the Commission to substantiate costs and expenses. 6. Reimbursement to the City will not exceed the amount received from the County for the Project less any amounts retained by the Commission for Commission expenses. All costs of the Project incurred by the City in excess of such reimbursement shall be borne by the City or secured by the City from other sources. 7. All City books, records, documents, and accounting procedures related to the Project are subject to examination by the Commission. 8. The City will secure all necessary local, state, or federal permits required for the construction of the Project. CL1,252889A 2 BA295 -1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSETT CREEK WATERSHED MANAGEMENT COMMISSION Its C air And by is Secretaw CITY OF NE HC Bvz 6�k s �i� 4 a y o v And by: IiI6 Manager CLL-252889v1 3 BA295-1 Joseph WMIMIUM Ion= Regional 1 i Pond City Project No. 774 Bonestroo Rosene Anderlik & Associates Engineers & Architects July 21, 2004 2335 West Highway 36 ■ St. Paul, MN 55113 Office: 651- 636 -4600 • Fax: 651 - 636-1311 www.bonestroo.com City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Re: St. Joseph Regional Stormwater Pond City Project No. 774 BRA File No. 34 -04 -164 Dear Mayor and Council: Attached is a feasibility report for proposed St. Joseph Regional Stormwater Pond. Proposed pond improvements are presented and discussed within the report along with detailed cost estimates. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Brad Schleeter Enclosures ;?, �-- - � -- � 7�-' �' �: � �-' Vincent T. Vander Top I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered zn Professional Engineer under the laws of the State of Minnesota. Vincent T. Vander Top Date: July 21, 2004 Registration No. 25770 St. Paul, St. Cloud, Rochester, Willmar, MN a Milwaukee, WI ■ Chicago, IL Affirmative Action /Equal Opportunity Employer and Employee Owned - Letter nfTransmittal .—.—..—..--..___._.....____.__...__......_.__..___. 1 Table nf Contents _�_.�_._..._.....2 [ OtrndLJrtiDO ..................... '`'-''''''`—'�'''—''—'—'''—^-- 3 HisfnFV .--.—...'''''-''^''—'''''—'''—''''-'�''`'''--''''''' ' '� � ��' �''�'�'''''��'���'�' `� Proposed |ODDFOVeDlents —.....................—.—.—.—..—...—..........---...—.--..'. 5 F Nec2SSitv, and Cost Effectiveness ....................................................... A Reco mmendat i ons --.__..__......_._._._.._...____.�.__..__.7 Cost Estimate -.....--..--'...—...._...._..._..__.__..___._.....__..._...._.... 7 Reve nue Sources ..---.....--.-_...._....._....__.__......._.�_'.__..._.._. A Append' A — Preliminary Cost Estimate A�C���n�'�� �� - ��'OUres Appendix _ -- Figures Li st of Figures Figure 1 — Site Plan F'OUF8 2 — City Surface Water Management Plan K F'OU[8 3— Pond GFBd'OO p|aD ��' ^� r�� ��| Figure . — ��StO.~.OR Plan F'OUF8 5 — St. ] OSeOHs C Restoration Plan Sheet . M{JU[B 6 — MU|S|de Terrace Development Plan Sheet St. Joseph Regional 8hnrnlwxah*rPond 2 introduction The proposed stormwater ponding improvement is located adjacent to St. Joseph Church, located at the southwest corner of Boone Avenue and 36 Avenue in the City of New Hope (see Figure 1). This pond is identified in the 1996 City of New Hope Surface Water Management Plan (SWMP) as pond BC -P2.3 (see Figure 2). The pond is also identified in the Bassett Creek Watershed Management Organization ( BCWMO) 2 nd Generation Plan draft CiP. The proposed pond provides both rate control and water quality benefits. However, the primary purpose of, the proposed pond is water quality. Ultimately, the pond benefits Northwood Lake and the North Branch of Bassett Creek. As envisioned in the SWMP, the pond would provide water quality treatment for approximately 67 acres that currently receives no water quality treatment. Land uses in the tributary area are primarily single family housing, with smaller areas of park land use and St. Joseph Church. The target phosphorus removal efficiency for the proposed pond is a minimum of 60 %. As proposed in the SWMP, a large portion of the proposed drainage area to pond BC -P2.3 includes rerouting flows from the existing storm sewer at the intersection of W' and Ensign Avenues. Storm sewer flows from this intersection are to be rerouted to the east via a proposed trunk storm sewer through the proposed Hillside Terrace Development (see Figure 1). The SWMP identifies this improvement as a key step to improving the water quality for the watershed discharging into Northwood Lake. In 2002, improvements were made to Hidden Valley Park and Sonnesyn Elementary School, both located directly south of St. Joseph Church (see Figure 1). Improvements made to Hidden Valley Park included water quality treatment (identified in the SWMP as pond BC- P2.2), in accordance with the 1996 City SWMP, to service the following areas: * Hidden Valley Park • The south parking lot of Sonnesyn Elementary School • Single family residential area tributary to the pond improvements The north parking lot at Sonnesyn Elementary School was also reconstructed at the time of the Hidden Valley Park pond improvements (see Figure 1). The reconstruction was completed with the understanding that School District 281 would participate with the City of New Hope to account for their portion of the future water quality pond at St. Joseph Church. On this basis, the BCWMO allowed the School District to proceed with their reconstruction activities. St. Joseph Regional Stormwater Pond At the time of the activities in Hidden Valley Park and Sonnesyn Elementary School, it was assumed that a regional water quality pond would be constructed at St. Joseph Church in conjunction with a building expansion project and small residential development within 1 to 2 years. St. Joseph Church started the expansion in 2003 and will complete the project in 2004. The residential development will start in 2004 as is subsequently discussed. As part of the building expansion, St. Joseph Church proposed to construct a local water quality pond very near the location of the regional pond identified in the 1996 SWMP. The proposed local water quality pond would be sized to accommodate only the Church parking lot and expansion areas. The Church proposed that all other storm water (including the runoff from the north parking lot of Sonnesyn Elementary School) would be bypassed around the pond, contrary to the 1996 SWMP and previous assumptions. In lieu of this approach, the Church agreed to provide easement for the regional pond, as well as a cash contribution toward the construction of other necessary regional stormwater facilities. At the time of the Church expansion, the City again requested the BCWMO allow the expansion to proceed, recognizing the commitment made by the City to follow a regional ponding approach. The BCWMO allowed the Church expansion to proceed, with the recognition the City intended to construct the regional pond in 2004 or 2005. In 2003, the City installed storm sewer and made restoration improvements in the ravine downstream of the proposed pond in an effort to minimize existing erosion problems. This work included the installation of the future pond outlet. A plan sheet from the St. Joseph's Channel Restoration project has been attached for your reference (see Figure 5). The small residential development west of St. Josephs Church, now named Hillside Terrace (see Figure 1), is now also slated for development in 2004. The new development is also proposed to drain to the regional pond (see Figure 6). The Hillside Terrace Development will also participate in the cost of the regional stormwater facilities. St. Joseph Regional Stormwater Pond 4 Proposed Improvements The City of New Hope proposes to construct the St. Joseph Regional Stormwater Pond to accommodate regional water quality needs, as well as providing the water quality treatment required to accommodate the St. Joseph Church expansion, reconstruction of the Sonnesyn Elementary School north parking lot, and Hillside Terrace Development. This project will complete the regional pond (see Figure 3) to provide sufficient storage volumes to meet or exceed the goals and requirements of the watershed and the City's 1996 SWMP. It should be noted that the adjacent Hillside Terrace development may utilize some of the soils within the regional pond area for use as fill on their development. The remaining material will then be excavated to properly size the pond. The primary water quality design requirements for the City and watershed are as follows: Bassett Creek Water Quality Requirements: • Water quality ponds discharging into a Level 2 waterbody (Northwood Lake in this case) must provide a wet volume equivalent to the runoff volume from a 2 -inch storm event over the entire pond direct drainage area. • Water quality ponds should also provide a minimum of a 3 -foot average depth for ponds with less than 3 acre -feet of wet volume. Larger ponds should provide a 4 -foot average depth. City of New Hope Water Quality Requirements: • According to the 1996 SWMP, the St. Joseph Regional Stormwater Pond should provide 2.6 acre- feet of wet volume to meet the regional water quality needs of the direct drainage area. This volume is based on pond phosphorus removal efficiency of 60 %. • A minimum average depth of 3.5 -feet should be provided. A summary of the proposed pond performance compared to the City and watershed requirements is as follows: Water Quality Summary Condition Average Depth Wet Volume (feet) (acre -feet) Watershed Requirement 4.0 1.7 City Requirement 3.5 2.6 Proposed Pond 4.4 2.8 based on a total drainage area of 66.7 acres and composite CN of 72 As shown, the proposed St. Joseph Regional Stormwater Pond exceeds the requirements of the BCWMO and the City's 1996 SWMP. St. Joseph Regional Stormwater Pond 5 Both temporary and permanent erosion control measures will be provided to meet the watershed requirements for erosion and sediment control. A landscape and restoration plan (see Figure 4) has been provided to identify the restoration measures that address slope stabilization and turf establishment issues. Feasibility, Necessity, and Cost Effectiveness This project is feasible from an engineering standpoint and is in accordance with the stormwater ponding requirements of the City of New Hope and the BCWMO. The proposed St. Joseph Regional Stormwater Pond is necessary to accomplish the following: • To provide local water quality treatment for the St. Joseph Church improvements. • To provide local water quality treatment for the Hillside Terrace Development. • To provide the water quality treatment for the Sonnesyn Elementary School north parking lot expansion. • To provide regional water quality treatment in compliance with the City's 1996 SWMP. • To comply with the stormwater requirements in the 1998 BCWMO Water Quality Management Policy. • To eliminate current erosion and maintenance problems in the downstream ravine by routing flows into the newly constructed 36 -inch stormwater pipe bypassing the ravine. Construction methods will be cost effective and conform to industry standards for stormwater ponding improvements. St. Joseph Regional Stormwater Pond 6 Recommendations Recommendations include: • The construction of the St. Joseph Regional Stormwater Pond proceed as proposed by the City. The proposed pond has been sized to ultimately service the water quality needs of approximately 67 acres of drainage area in accordance with the 1996 SWMP. • The City of New Hope accept this report as a guide for the improvements and forward the report to the BCWMO for consideration. • The City participate with the BCWMO in securing financing for the projects with methods identified in the BCWMO 2 nd Generation Plan CIP. • The City will need to identify interim funding until reimbursement for eligible costs is made by the BCWMO. Also, the City will need to utilize storm water fees from benefiting properties to complete other regional work and acquire easements. • The City will need to coordinate a construction schedule and access with St. Joseph Church and the developer for Hillside Terrace. Cost Estimate The total estimated project cost is $182,700. The estimated project cost includes 10% construction and 25% indirect cost contingencies. A detailed construction cost estimate is attached and a summary of this estimate is included below: Item Pond Excavation Storm Sewer Landscaping and Restoration Subtotal for construction +10% construction + 25% indirect cost contingencies Total Amount $117,700.00 $5,200.00 $10,000.00 $132,900.00 $13,300.00 $146,200.00 $36,500.00 $187,200.00 St. Joseph Regional Stormwater Pond 7 Revenue Sources We understand the immediate costs to construct and finance this project will be funded via the storm water utility fund. Fees collected from St. Joseph Church and Hillside Terrace will also be used to offset the immediate and long term costs of the pond, outlet storm sewer, and channel restoration. The City will be reimbursed for project costs from the BCWMO in 2005. The St. Joseph Regional Stormwater Pond is a part of the 2 nd Generation Plan CIP. A public hearing is scheduled for the September Watershed meeting to consider the Watershed's participation in this project. The estimated costs included in this report will need to be compared to current estimates in the CIP and adjustments discussed if necessary. Long -term pond and structure maintenance and associated costs will be the responsibility of the City of New Hope. St. Joseph Regional Stormwater Pond 8 '�.�►+ ESTIMATED COST PART 2 - STORM SEWER CLASS 11 RANDOM RIPRAP CY 80 $65.00 $5,200.00 TOTAL PART 2 - STORM SEWER $5,200.00 PART 3 - RESTORATION TREES RED MAPLE BLACK CHERRY SWAMP WHITE OAK RED OAK BASSWOOD SHRUBS GREY DOGWOOD RED OSIER DOGWOOD COMMON WITCHHAZEL SMOOTH SUMAC AMERICAN ELDER NANNYBERRY VIBURNUM WETLAND PLANTS ARROWHEAD SOFTSTEM BULRUSH PICKEREL PLANT BLUE FLAG IRIS LAKE SEDGE TOTAL PART 3 - RESTORATION EA Item Units Qty Unit Price Total Price PART 1 - POND EXCAVATION $600.00 EA 1 $300.00 MOBILIZATION LS 1 $5,000.00 $5,000.00 POND EXCAVATION (EV) CY 11000 $10.00 $110,000.00 TEMPORARY ROCK TN 50 $10.00 $500.00 CONSTRUCTION ENTRANCE $495.00 EA 9 $45.00 SILT FENCE, TYPE MACHINE LF 800 $2.00 $1,600.00 SLICED 9 $45.00 $405.00 EA TREE PROTECTION FENCE LF 300 $2.00 $600.00 TOTAL PART 1 - POND $200.00 EA 20 $117,700.00 EXCAVATION EA 20 $10.00 $200.00 PART 2 - STORM SEWER CLASS 11 RANDOM RIPRAP CY 80 $65.00 $5,200.00 TOTAL PART 2 - STORM SEWER $5,200.00 PART 3 - RESTORATION TREES RED MAPLE BLACK CHERRY SWAMP WHITE OAK RED OAK BASSWOOD SHRUBS GREY DOGWOOD RED OSIER DOGWOOD COMMON WITCHHAZEL SMOOTH SUMAC AMERICAN ELDER NANNYBERRY VIBURNUM WETLAND PLANTS ARROWHEAD SOFTSTEM BULRUSH PICKEREL PLANT BLUE FLAG IRIS LAKE SEDGE TOTAL PART 3 - RESTORATION EA 4 $300.00 $1,200.00 EA 2 $300.00 $600.00 EA 1 $300.00 $300.00 EA 2 $300.00 $600.00 EA 3 $300.00 $900.00 EA 12 $45.00 $540.00 EA 11 $45.00 $495.00 EA 9 $45.00 $405.00 EA 14 $45.00 $630.00 EA 9 $45.00 $405.00 EA 5 $45.00 $225.00 EA 20 $10.00 $200.00 EA 20 $10.00 $200.00 EA 20 $10.00 $200.00 EA 20 $10.00 $200.00 EA 10 $10.00 $100.00 $2,800.00 $10,000.00 TOTAL PART 1 - POND EXCAVATION $117,700.00 TOTAL PART 2- STORM SEWER $5,200.00 TOTAL PART 3 - RESTORATION $10,000.00 TOTAL CONSTRUCTION COSTS $132,900.00 Estimated Cost 1 ` " - ~ ~ ^ ~ : ~ ~ TE7RRACE FALL 2 4) HILLSIDE m sowweSYN BALL VALLEY PARK IN 2002) (CONSTRUCTED 1003) sCHURCH EXPAN. o' AREA ST JOSEPH, CHURCH SONNESYN�� | � � ]U[�| 3404164_figU81 DATE JULY 2004 COWW:34—O4-1G4 IN d m t i I _I I SURFACE WATER MANAGEMENT PLAN NEW HOPE, MINNESOTA FIGURE 2 ST. JOSEPH REGIONAL STORMWATER POND 3404164 -fig002 DATE: JULY 2004 COMM. 34-04-164 F i i �` •a r, E l J t 'tom' -___j �- ..ltl tic�la Imo?? ri � -� j • ,�'r•� j l ' �� .,. �;,�.; q �---'� .. ^i 1 �EPH SAL t d ._L-� ORM POND 21 E—E — IT- 1 W M E N 4 uA4Eti fiE?Y r / l t 1 _L SCHOOL R3 f 21" 3 , CI 19 , HIDDEN { I 1 VAxL£f 71 It , PARK ,E R(' P 1w EXIS11NG OUTLET STRUCTURE 9j IL 4 � • • low_ 001 , LOT �, • E)(ISTING CURB -DROP BE • R EPAIRED� 107 g AC' AVE' t :•• POND GRADING PLAN. NEW HOPE, MINNESOTA FIGURE 3 ST. JOSEPH REGIONAL STORMWATER POND 3404164fig003 DATE: JULY 2004 COMM: 34-04-164 Bonestroo Rosene Anderlik & Associates Engineers & Architects N '0 0 z 00 DO N to y � 0 2z O� ow ND 00 c, C 0 N �Z =� LES"VS "Raw OR /AR JE R R A CE — I 1 \ \1illil \qIJ 11 "11�dtU "'4w - o _ z_ i C(3 F lill(�'Il+ll �' Iw'✓ It d! , / {� \ % I —� o \ 10 —{ 7. e 70z \,I I n \ I LLLLL��e n 77 7 r a7 -- m ----- 7 1 °�� — f Tb:.� i s s; Aaomar� I (P f n�i s BOONE A*WE a N c b 3 A Z� b n NEW ROPE MINNESOTA �( eonestroo St. Pam office RERY CFR Itt 4 s PUN. sPECIFlG °N, pP RE ppi sURM pY pixEPs Y wA5 PRFPMon BY ME OR I,— NY pNE°i sUPem'Rox xeR e Rosene 2335 West MighWey 36 wv m i u .purr ucfxs p PR°FEssIax.E x xE R puwx ST. JOSEPH'S STORM WATER AND UTILITY IMPROVEMENTS ° Anderl,k & St. Pew, MN 55113 ° "p P E ws °F O 6 SITE PLAN Associates Phone: 651- 636 -4600 " � F MPROVEp CITY PROJECT No. 746 eRp— a Aan¢ects Fax: 651436 -1311 —RE: °ere oxfnxop, RpsfxE. +RpfnuR A essoeuEfs, Ixe. zpvs G 5' NEW HOPE, MINNESOTA sroo St. Paul Office Eel cEmr — TMs . ECVICA "px " gPoR spq 1 .!.R PNEVAq p BY 1EY II DER WPErot ""E" IpN WuwH Mu Ros Bo � et ene 2335 West Highway 36 rp+gaGD q r}� r se�?ipoiq�uuxE. Uic xqw HILLSIDE TERRACE DEVELOPMENT M Anderllk & st. Peu1, MN 55113 � 11-` nglxr xiUE: nxccxt t DESIDx 1 LOCATION PLAN Assoclates Phone:651_ 636 -4600 E,& 6 A.r s.d, F— 651- 636 -1311 scx%ngE: wrE Q) "I 0 cow LLJ m 0 Lli 0) , o- r Lj n LLJ RAJ 0 LLI X X Z Z < z 0 0 Ld Z -j 0- U) LL, 3Lj L'i LLJ < CL Li CD : = ui 3: m z cn F- (1) 1-- Lli Lai F- 0 (f) Lu LLJ m 0 Z rt Lli M z L M 0 LJ > — > < Ld 0 of < cn (-) D m < CO cr- LJ D 0 z ()f (o Z 0� D rk L ry 0 �- =) 0 = CD F- C,4 F- Ln 0 V) < O , 0 1 C) �- -i 0 F- r 0 )-- z :�>: 'S LLJ Z Z X LL 0 w w Ld 3: Q :2 coo z z 3: 00 0 —M I NO v4blw 1 -- ` ���� �• •� ± �9� �� })t n�i�,.. 1.1 ; 'Ra I MER • • a I Z C) CL t) LLJ 0 D O < Ld Ld V) z uj 0 Z ( LLJ of CL Lj O V) :r 0 Lli Z 1��! 41 - 1 1 N I N I NN mmmmm 0 0 0 0 M N co ' m m m N N N N C14 N N N -, .T ;t 'r Lo 'Lo a) C) E 0 0 A o c m z E 2 W 2 :g N = 2 2 E < E - 5, m M lo D - (D E E iq < O E u m E m m U) U) I L E 0 E E 0 m 0 0 E 2 - 5 r 0 0 a 0 ' 0 0 E E E 0 F� 0 E a m E 0 a) w 11 � (D E 0 0 E a) E m 0 L) G� (1) al m (9 fr (1) < z U) E (D w fn 0 > U) 4 < 0- 0 0 Ulm > X L) U) 5 (n > U) a. 0 Q) "I 0 cow LLJ m 0 Lli 0) , o- r Lj n LLJ RAJ 0 LLI X X Z Z < z 0 0 Ld Z -j 0- U) LL, 3Lj L'i LLJ < CL Li CD : = ui 3: m z cn F- (1) 1-- Lli Lai F- 0 (f) Lu LLJ m 0 Z rt Lli M z L M 0 LJ > — > < Ld 0 of < cn (-) D m < CO cr- LJ D 0 z ()f (o Z 0� D rk L ry 0 �- =) 0 = CD F- C,4 F- Ln 0 V) < O , 0 1 C) �- -i 0 F- r 0 )-- z :�>: 'S LLJ Z Z X LL 0 w w Ld 3: Q :2 coo z z 3: 00 0 —M I NO v4blw 1 -- ` ���� �• •� ± �9� �� })t n�i�,.. 1.1 ; 'Ra I MER • • a I Z C) CL t) LLJ 0 D O < Ld Ld V) z uj 0 Z ( LLJ of CL Lj O V) :r 0 Lli Z Bonestroo, Rosene, Anderlik and Associates, Inc, is an Affirmative Action /Equal Opportunity Employer and Employee Owned Principals: Otto G. Bonestroo, P.E. - Marvin L. Sorvala, P.E. - Glenn R. Cook, P.E. - Robert G Schunicht, P.E. - Jerry A. Bourdon, P.E. - Mark A. Hanson, P.E Senior Consultants: Robert W. Rosen, P.E. - Joseph C. Andedik, P.E. - Richard E. Turner, P.E. - Susan M. Ebedin, C.P.A. Associate Principals: Keith A. Gordon, P.E. - Robert R. Pfeffede, P.E. - Richard W. Foster, P.E. - David O. Loskota, P.E.. - Michael T. Rautmann, P.E. - Ted K. Field, P.E. - Kenneth P. Anderson, P.E. - Mark R. Rolfs, P.E. - David A. Bonestroo, M.B.A. • Sidney P. Williamson, P.E., L.S. - Agnes M. Ring, M.B.A. - Allan Rick Schmidt, P.E. - Thomas W. Peterson, P.E. - James R. Maland, P.E. - Miles B. Jensen, P.E. - L. Phillip Gravel lll, P.E. - Daniel J. Edgerton, P.E. - Ismael Martinez, P.E. - Thomas A. Syfko, P.E. - Sheldon J. Johnson - Dale A. Grove, P.E. - Thomas A. Roushar, P.E. - Robert J. Devery, P.E. Offices: St. Paul, St. Cloud, Rochester and Willmar, MN - Milwaukee, WI - Chicago, IL Website: www.bonestroo.com October 20, 2004 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: St. Joseph Regional Pond Improvements, City Project No. 774 Approval of Contracts BRAA # 34 -04 -164 Dear Guy: Bids will be received for this project on October 20 If bids are found to be in order, the start of construction could be anticipated in early November. The following tasks must be completed prior to the start of construction. • Bids must be tabulated and presented to the City Council for approval. • The City Council must approve a contract with Bassett Creek Watershed. A copy of this contract was forwarded to you previously. This will enable the Watershed to fund these improvements via the methods outlined in the Watershed's 2nd Generation Plan. • Contracts must be completed with the contractor and a preconstruction meeting held. On this basis, we recommend that the City council consider the Bassett Creek Watershed contract in conjunction with the award of the project to the low, responsive bidder. We anticipate these items will occur at the October 25 Council meeting. Sincerely, BONESTROO ROSENE ANDERLIK & ASSOCIATES, INC. Vincent T. Vander Top 2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 659- 636 -1311 Bassett Creek Water Management Commissi ®n � www. Crystal • Golden Valley s Medicine Lake • Minneapolis • Minnetonka • New Hope • Plymouth • Robbinsdale • St. Louis Park September 17, 2004 Mr. Dan Donahue City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Cooperative Agreement for Northwood Lake Improvements Bassett Creek Watershed Management Commission Dear Mr. Donahue: The Bassett Creek Watershed Management Commission adopted its Watershed Management Plan (Plan) at its September 16, 2004 meeting. The Plan includes a capital improvement program (CIP) that lists several water quality project capital improvements throughout the watershed. The C1P includes construction of water quality improvements for Northwood Lake in the City of New Hope. This project is described as construction of a treatment pond east of 35th Avenue North and Ensign Avenue (pond NB -36A, option 5 in Northwood Lake Plan). The BCWMC also adopted a resolution ordering the construction of the Northwood Lake improvements. Enclosed are two copies of the cooperative agreement between the city of New Hope and the BCWMC. Please have the agreements signed by the Mayor of the City of New Hope and yourself and return the signed' documents along with Attachment One to me at the following address: Pat Schutrop, BCWMC, c/o Barr Engineering Company, 4700 West 77`' Street, Minneapolis, MN 55435. If you have any questions, please contact Len Kremer, Engineer for the BCWMC, at 952- 832 -2781. Sincerely, at Schutrop Recorder, Bassett Creek Watershed Management Commission Enclosures c: Mary Gwin -tenth Len Kremer 244752 ,john O'Toole, BCWMC Chairman Charlie LeFevere, Attorney Leonard Kremer, Engineer c% Barr Engineering Company Kennedy & Graven Barr Engineering Company 4700 West 77` Street 470 Pillsbury Center 4700 West 77` Street Minneapolis, MN 55435 Minneapolis, MN 55402 Minneapolis, MN 55435 763- 764 -2422 612 - 337 -9215 952- 832 -2600 612- 337 -9310 (fax) 952- 832 -2601 (fax) www.bassettcreekwmo.org - Crystal Golden Valley - Medicine Lake - Minneapolis - Minnetonka - New Hope - Plymouth - Robbinsdale - St. Louis Park September 9, 2004 Mr. Joel Settles Hennepin County Department of Environmental Services 417 N. 5 Street Minneapolis, MN 55401 -1397 Re: Bassett Creek Water Management Commission Ad Valorem Property Tax Request for 2005 Capital Improvements Dear Mr. Settles Enclosed are two feasibility reports relating to the proposed 2005 improvements contained in the approved Bassett Creek Water Management Commission (BCWMC) Watershed Management Plan capital improvements program- The following is a description and associated cost for each project: 1. Northwood Lake - "Feasibility Report for St. Joseph Regional Stormwater Pond, City Project No. l ` 774," city of New Hope, consisting of construction of a treatment pond east of 35` Avenue North and Ensign Avenue (pond NB -36A, option 5 in the Northwood Lake plan). Cost: $184,000 2_ Wirth Lake -Engineer's Report to the Bassett Creek Water Management Commission, Feasibility of Constructing the Wirth Lake Watershed and Lake Management Recommendations," consisting of the following: • Dredging pond between Wirth Lake and France Avenue (subwatershed FR -5 detention pond, option 2 in Wirth Lake Plan) • Highway 55 detention pond south of Highway 55 and west of Wirth Lake (option 3 in Wirth Lake Plan) In -lake alum treatment (option I in Wirth Lake Plan) Cost: $254,000 John O'Toole, BCWMC Chairman Charlie LeFevere, Attorney Leonard Kremer, Engineer clo Barr Engineering Company Kennedy & Graven Barr Engineering Company 4700 West 77 Street 470 Pillsbury Center 4700 West 77` Street Minneapolis, MN 55435 Minneapolis, MN 55402 Minneapolis, MN 55435 763 -764 -2422 612- 337 -9215 952 -832 -2600 612- 337 -9310 (fax) 952- 832 -2601 (fax) Mr. Joel Settles September 9, 2004 Page 2 As stated in the BCWMC Watershed Management Plan, the proposed method by which the costs of the improvements are to be paid is in accordance with Minnesota Statutes 103B.251 (an ad valorem property tax levied by Hennepin County) on property within the watershed. The BCWMC requests the County to approve this tax request in the amount of $438,000 for reimbursement in 2005. If you have any questions, please contact me at 763- 764 -2422, or the BCWMC engineer, Len Kremer, at 952- 832 -2781. Very truly yours, John A. O'Toole Chair, Bassett Creek Water Management Commission Enclosures c_ Bassett Creek Water Management Commission Charlie. LeFevere, Kennedy & Graven Len Kremer, Barr Engineering Company 244684 September 17, 2004 RETURN RECEIPT REQUESTED Mr. Patrick H. O'Connor County Auditor - Treasurer A -600 Government Center 300 South Sixth Street Minneapolis, MN 55487 -0060 Re: Bassett Creek Watershed Management Commission Funding for 2004/2005 Water Quality Projects Dear Mr. O'Connor: On September 16, 2004, the Bassett Creek Watershed Management Commission adopted Resolution No. , certifying for payment by Hennepin County the amount of Four Hundred Thirty -Eight Thousand Dollars ($438,000) as the cost of certain water quality improvement projects that were ordered in the resolution. A certified copy of the resolution is attached. This letter and the attached resolution will serve as certification to the County for payment of these costs in accordance with Minnesota Statutes Section 103B.251, Subd. 4. The Commission understands that payment will be made in 2005 from taxes to be levied in 2004. Thank you for your cooperation in this matter. William Yaeger, Secretary cc: Robert A. Burck, Asst. County Attorney (w /enc.) CLL- 252730v1 BA295 -7 Robert A. Burck, Asst. County Attorney C -2000 Government Center 300 South Sixth Street Minneapolis, MN 55487 Ba ssett rep ter Ma nagemen t C ommissi on www.bassettereekwmo.org Crystal @ Golden Valley • Medicine Lake • Minneapolis • Minnetonka • New Hope • Plymouth • Robbinsdale • St. Louis Park To: Member Cities — Bassett Creek Watershed Management Commission From: John O'Toole, Chair, Bassett Creek Watershed Management Commission t`��h'sa�t• L? *+ r tr xx7 t ,tea I . + r ,: Se.. ! +:,, �. , ..7 a tiww� • Lai:JeiL vl;,e':. Yf ai.el UllVlA. 111 N.ti4bt. i.aiV l.li 1�L11:li1iUJi�.'ll Second Vl.i. u.�K1.i�ii Y7 a::.J J:t�u. Management Plan Date: October 14, 2004 On behalf of the Bassett Creek Watershed Management Commission (BCWMC), I am pleased to announce the BCWMC's adoption of its second generation Watershed Management Plan. This plan is a watershed management plan prepared in accordance with Minnesota Statutes 103B.231 and Minnesota Rules 8410. The Minnesota Board of Water and Soil Resources (BWSR) approved the plan on August 25, 2004, and the BCWMC Commissioners adopted the plan on September 16, 2004. The BCWMC plan will be distributed to the following: • Member Cities — Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale, and St. Louis Park • Adjacent WMOs — Elm Creek Watershed Management Organization, Minnehaha Creek Watershed District, Shingle Creek Watershed Management Organization, Mississippi Watershed Management Organization • Lake Associations — Association of Medicine Lake Area Citizens, Friends of the Mississippi River, rriends of Bassett Creek, Sweeney Lake Association, Northwood Lake Homeowners Association, Friends of Parkers Lake • BCWMC Technical Advisory Committee members • Former Technical, Citizens, and Policy Advisory Group members • State Review Agencies — Department of Natural Resources, Department of Transportation, Pollution Control Agency, Department of Agriculture, Department of Health, Board of Water & Soil Resources, Metropolitan Council John O'Toole, BCWMC Chairman Charlie LeFevere, Attorney Leonard Kremer, Engineer clo Barr Engineering Company Kennedy & Graven Barr Engineering Company 4700 West 77 Street 470 Pillsbury Center 4700 West 77 Street Minneapolis, MN 55435 Minneapolis, MN 55402 Minneapolis, MN 55435 763 - 764 -2422 612 - 337 -9215 952- 832 -2600 612 -337 -9310 (fax) 952- 832 -2601 (fax) To: Bassett Creek Watershed Management Commission Member Cities From: John O'Toole, Chair, Bassett Creek Watershed Management Commission Subject: Bassett Creek Watershed Management Commission Second Generation Watershed Management Pian Date: October 14, 2004 Paae: 2 • Hennepin County • Three Rivers Park District • Hennepin Conservation District • Minneapolis Park and Recreation Board • Libraries within the BCWMC To reduce the cost of plan production and allow for wider distribution, we are sending the plan in CD -ROM format to many of those on the distribution list. Prior to mass copying of the plan, the BCWMC is interested in receiving your input as to whether it would be helpful to include supplemental information on the CD version (e.g., streambank maintenance guidelines, BCWMC roster, the orientation presentation held at the Plymouth Creek Center in July, pictures of principal structures within the watershed, etc.). It is our intent to furnish each member city with two paper copies and two CDs of the plan. If your city would like more copies (paper or CD), then please notify Pat Schutrop, recorder for the BCWMC, at 952- 832 -2652 or pschutrop@barr.com no later than November 1. After each member city has furnished the total number of plans needed, as well as recommendations for additional information to include on the CD -ROM, the plan will be distributed sometime in November. If you have any questions about the plan, please contact me at 763 - 764 -2422, or Len Kremer, Engineer for the BCWMC, at 952- 832 -2781. P: \23 \27 \051 \p1an \FINAL PLAN \Member City Distribution Memo.doc Or November 22, 2004 Ms. Pat Schutrop, BCWMC c/o Barr Engineering Company 4700 West 77 Street Minneapolis, MN 55435 SUBJECT: Cooperative Agreement for Northwood Lake Improvements Enclosed is a fully executed cooperative agreement between the city of New Hope and the Bassett Creek Water Management Commission. The New Hope City Council approved the cooperative agreement at its meeting of October 25, 2004. If you have any questions regarding the contract, please contact Guy Johnson at 763 -592 -6766. Sincerely, J Valerie Leone, CMC City Clerk Enc. cc: Guy Johnson Vince VanderTop 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