Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
IP #806
PROJECT NO. 806 Northwood Lake west inlet Item 6.6 8/14/06 Motion authorizing preparations of plans and specifications for the proposed Northwood Lake west inlet cleaning project (improvement project 806). Postponed. Res. 06-158 11/13/06 Resolution requesting funding from the Minnesota Department of Transportation through the fiscal year 2008 Municipal Agreement Program for the TH 169 storm water pipe repair (improvement project no. 806) Item 8.1 5/11/09 Motion authorizing preparation of plans and specifications for the proposed Northwood Lake west inlet cleaning project (improvement project no. 806) Res. 09-83 6/22/09 Resolution approving plans and specifications for the proposed Northwood Lake west inlet cleaning project and ordering advertisement for bids (improvement project no. 806) Res. 09-112 8/10/09 Resolution awarding a contract to Dennis Fehn Gravel & Excavating Inc. for the Northwood Lake west inlet cleaning project (improvement project no. 806) Item 8.1 04/26/10 Motion approving shoreline plantings to act as noise buffer (appx cost $4,500) Res.10-155 11/8/70 Resolution approving a change order for the Northwood Lake west inlet cleaning project (improvement project 806) Res. 11-99 7/25/11 Resolution accepting the Northwood Lake west inlet cleaning project (improvement project no. 806) For the full report on agenda Packetsm PROJECT NO. 806 Northwood Lake west inlet cleaning ruin reparations of plans and specific 80b s Postponedposed Northwood 8/1.4/06 Motion au th o rizing p Item 6.6 Lake west inlet cleaning project (improvement project uestin funding from the Minnesota Department e TH 169 storm Transportation pipe rep the fiscal year 200 Res. 06 -158 11/13/06 Resolution req g M Agre P rogram fo (improvement project authorizing reparation of plans and specifications c 806) the proposed Northwood 5/11/09 Motion auth g p Item 8.1 Lake west inlet cleaning project (improvement project e for bids ( Res. 09 -83 6/22/09 R approving plans and specifications for or the prop improvement project no. 806) osed Northwood Lake west inlet cleaning project and ordering adverbs 8/10/09 R awarding a contract to Dennis F {hnG project Excavating R 09 -112 r the Northwood Lake west inlet cleaning project (improvement X cost Item 8.1 $4,500) 04/26/10 Motion approving shoreline plantings to act as noise buffer (a p 11/g/10 Resolution approving 8 change order for the Northwood Lake w est inlet cleaning project Res.10 15 5 (improvement project ) 7125/11 Resolution accepting the Northw Res. 11 -99 ood Lake west inlet cleaning project (improvement project no. 806) COUNCIL Originating Department Public Works Request for Action Approved for Agenda Agenda Section May 11, 2009 kDevelo ment & I'lar Item No. 8.2 By: Guy Johnson B Kirk McDonald, Cit Manager in the coo erative agreement between the city of New Hopeaia e floodplam 40 Avenue North) for the miti R uss (9209 Resolution approving P gation of 21 cubic yards of fill from the Northwoo REQUESTED ACTION s a resolution reco m mending that the Council pas approving a "coop c t of New Hope andtMrrand r S taff is recom g of 21 cubic yards of fill from the Northwoo m itigation d ake 0 0 0 dphe jfill b o e neof the c onditions of a variance granted by is Mrs. Russ (9209 40'/2 Avenue North). The to Mr. and Mrs. Russ. The second the Bassett Creek and Mr. and Mrs. Russ that Watershed Management Commission (BCWMC) variance ranted by BCWMC is an agreement between the city condition of the g accomplishes removal of the fill from the Northwood Lake floodplam. BACKGROUND Russ co mplete a landscape improvement project at their residence that uns a ong the Northwood Mr. and Mrs. shoreline, and p fall. The work included raising the elevation of an existing retaining wall wall, The project to the and between their walkout basement and the elevatthe shoreline retaining wall u' s then adding fill y original goal was to lessen the slope betweentha s property. Mr. Russ has some mobility order to decrease the chance of injury to Mr. Russ while maintaining 'challenges due to a stroke. The end result of the landscape project was the addition of fill into the e1 t e a levati nwhi h a se at 884.6 feet, Northwood Lake's floodplam is the area between the normal Ovate �� flood" elevation set at 889.5 feet. The amount of fill (21 cubic yards) placed below the 889.5 and the 100 year f foot elevation requires mitigation to prevent an increase in the flood stage. MOTION S& a4a--, b BY SECOND BY I:RFA \Pubworks12009 \Russ Cooperative Agreement Request for Action May 11, 2009 Page 2 iance to the poliCy requiring The landscape contractor, on behalf of Mr. and Mrs, Russ, requested a va st was based on the correction of a floodplain mitigati on from the BCWMC last October. The variance reque meeting. The o e of the y ard) that was necessary to allow Mr. and Mrs. Ru�ss2 saf m aintain that s November 1, hazardous condition (sl p Y p ortion of their yard. The BCWMC reviewed the vao riance request at it allow the homeowners and their contractor to work BCWMC made the decision to continue the matter with the city of New Hope to explore options to provide compensatory storage. Russ and their co The city's BCWMC commissioner and New Hope staff, working with Mr. and M What was proposed to Mro have discussed a number of options todC the t verb agreed t s the removal of a minimum be O th ft ree and Mrs. Russ and their contractor, an Y (3) cubic yar ds from their lakeside yard and the balance of the 21 Abe yards estend of Northwood Lake. The cost compensation storage as part of a city sediment removal project at to create this compensation storage at the city's project site would be the responsibility 40 er cubic an drBy Russ. Their cost would be based on the city's bid unit cdosMt pe s' yard and allowing them to take adv limiting the amount of fill removed from e slo of or, 's project site, the impact to p and pay f , the necessary compensating storage realized at the city their yard will be minimal. ' s project to r emove the sediment delta from the west end of ns and s eLake ons for o the Fork! The city The agenda. Staff is requesting a motion to approve the preparation of plans an p proposed project is recommended in the city's 1996 surface water managemenTOVemendt prog00m management plan. The project was also pr l ocal but was oposed in he c ity' s 2006 capita imp postponed for funding reasons. 9 meetin ,the BCWMC again discussed Mr. and Mrs. Ru s torage would be pro At ded At their February 19, 2o0, g meeting the BCWMC approved the variance on the conditio c ity of New Hope g thin 90 days, and that the property owner for provision oT must complete a plan pe arid he a pproval of this cooperative agreement between of the e the compensating storage. Pp meet the r and Mrs. Russ, along with the above mentioned mitigation plan, will approved variance. As part of the city's 2008 Local Water Management Plan update, that the watersheds and Council approved, a ntly being updated, including sho sh e la fl nes and in floodplainsm nu of the city 's ordinances are curre We these ordinance updates will help clarif to the Council fororeview in the alon next monh or so. procedures hope to have drafts completed and b FUNDING to the ci to meet the variance requirements other than th ble or all involve With the relating to the There is no cost tY approval of this agreement by bob partiee, o t assoc M rs. i ated with removal of the necessary amount of fill at the removal of fill from their property and th city's project site. ATTACHMENTS reement between the city of New Hope and Mr, and Mrs. Russ, a resolution approving t The cooperative ag Ze iew of 9209 40'h are attached. agreement, and an aerial v RESOLUTION NO. 09 -6 RESOLUTION APPROVI AG ORTIi�'O ®D PR FLOODPLAIN MITIGA TION A (9209 40 1 /2 Avenue) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The Agreement To Provide Floodplain Mitigation at Northwood Lake relating to the erty at 9209 40 '/2 Avenue North attached to this resolution as Exhibit A is hereby approved. p ro p n the 2. The Mayor and City Manager are hereby t �'s designees authorized go take o Agreement attached as Exhb he Agreement r or the Manager's e all appropriate actions pe Dated the 1 I day of May, 2009. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk p,:.,ATTORNE`f,SAS\I CLIENT FILES \2 CITY OF NEW HOPE \99 -t003 (PUBLIC WORKS GENERAL) \RUSS MITIGATION AGREEMENTD2 RESOLUTION APPROVIN&DOC —1— AGREEMENT TO PROVIDE FLOODPLAIN MITIGATION AT NORTHWOOD LAKE (9209 40 Y2 Avenue North) Dated: May 12, 2009 This Agreement To Provide Floodplain Mitigation at Northwood Lake ( "Agreement "), is made and entered into by the City of New Hope, a Minnesota municipal corporation, couple and ( "City ") and Duane J. Russ and Mary Jo Russ, l asc9209 40 n s Yz ) Avenuee N Hope, fee owners of real property commonly known Minnesota ( "Property ") legally described as follows: Lot 8, Block 3, Gordons Lakeview Terrace PID No, 18- 118 -21 -23 -00 RECITALS: WHEREAS, as part of a landscaping project on the Property, Russ added 21 cubic yards of fill to the Northwood Lake Floodplain prior to obtaining a variance from and contrary to the Bassett Creek Watershed Management Pl Plan Policy (BCWMC) floodplain Paragraph H) This mitigation policy. (see Watershed Management action caused a loss of compensating water storage within the floodplain; and WHEREAS, Russ has now obtained a variance from the BCWMC to change the landscape of their property on condition that they provide floodplain mitigation as required by the BCWMC's policy per the BCWMC's March 3, 2009 letter attached to this Agreement as Exhibit A; and WHEREAS, the City is willing to assist Russ in complying with the floodplain mitigation requirements necessary for approval of the variance as set out in the attached Exhibit A provided that Russ complies with all of the terms set forth in this Agreement. NOW THEREFORE in consideration for the City's assistance in obtaining the legally bound and for required floodplain mitigation variance, Russ, intending valuable consideration, agree as follows: 1. Effective Date. The effective date of this Agreement shall be May 12, 2009. 2, Compensatory water sto Parties water shorage to agree to provide twenty Lake in the one (21) cubic yards of compensatory following manner: (a) Russ at their sole expense shall provide a minimum of three (3) cubic yards of compensatory water storage on their Property by removing dirt on their property between elevations 889.5 ft. (the 100 year flood 1 elevation) and 884.6 ft. (the nor b y by the BCWMC Compliance with this condition sh all be determined engineer Barr Engineering in its sole discretion. (b) Upon completion of the work stated in (a) above, Russ, shall immediately contact the City's engineer Bad ng ° ndicate the required elevations of the Property. If the survey compensatory water storage has not been provided on the Russ Property and the work is not accepted by the BCWMC's engineer, Russ shall immediately comply with any changes required by the BCWMC's engineer. Russ agrees to fully comply with and pay for any additional costs for changes to the work required by the BCWMC' their engineer to meet the required compensatory water storage on Property. (c) The City, at Russ' request, agrees to provide no more than eighteen (18) cubic yards of compensatory water storage by removing dirt on the west end of Northwood Lake as part of New Hope Public let Improvement Project No. 806 - the 1 Northwoo C t �bY Cleaning project. This work shall December 31, 2009, (d) Russ acknowledges and agrees they shall ll pesof en actual water cost to provide for eighteen (18) cub y ards storage as part of Public Improvement No. 806 but the City agrees said cost shall not exceed $40.00 per the City's s COmpensa Cry ester storage will be billed immediately after work is approved by the BCWMC's engineer. (e) All compensatory water storage work and dirt removal referenced above is subject to the approval of the BCWMC' Engineering in its sole discretion. Prior to any ground breaking or commencement of additional work b r usstheiryProperty from the receive approval of the proposed w City's engineer. G eneral Provisions to Agre ement "Immediately" oses of this agreement means within Immediately. Immediately for the p of the City's demand, whichever thirty days (30) of completion or within w i t hi n rt the allotted time period Russ shall submit to comes first. If Russ cannot comp y ot comply, The City may, at its sole discretion, the City in writing the reasons Russ cann grant an extension in writing to Russ- 2 No Oral Modification. The City modified except written document signed signed by an orall This Agreement may not be p t by authorized representative of each of the Parties. Payment. All payments must be received by the City within the billing statement's allotted time or within thirty days (30) days, whichever due date comes first. Indemnification and hold harmless To the fullest extent permitted by law, Russ shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, ra sided out of or resulting from the performance of any of the Work described herein, p that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction property caused in tewhole the ro Work part itself) including the loss of use resulting ther e from and (2) indirectly by any negligent act or omission of Russ, any acts any oa of them may b liable or employed by any of them or anyone for wh ose of whether or not it is caused in part by a party indemnified hereunder. Further, Russ, on behalf of themselves and their successors and assigns, hereby fully and unconditionally release and forever discharge the City and former directors, officers, employees, attorneys, agents, representatives, and insurers, and its respective successors and assigns, from and against any and all claims, contentions, debts, liabilities, demands, promises, damages, agreements, costs, expenses (including kind or nature, wh How known or unknown, actions or causes of action, of whatever and whether based on contract, tort, statutory Which relate to, or arise from th terms other legal or equitable recovery, which Russ has, had, or claims to have, of this Agreement Headings. The headings of the sections of r this Agreement of this Agreement reference only and do not control the interpretation of any term o No Admission of Liability. This Agreement shall not be construed to be an admission of liability by the City to provide compensatory water storage per this Agreement. Knowing and Voluntary Agreement. Russ, acknowledge that they have entered into this agreement knowingly and voluntarily. Russ, state that to the extent they did not understand any paragraphs, sentences, clauses or o them terms of his Ag ree n ,theey have had an opportunity to have legal counsel explain t P they did not understand. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Authority to Execute Agreement. Parties been duly guarantee has full each person whose signature appears he reon has 3 authority to execute this Agreement on behalf of the person, persons or entity for whom such signature is indicated. each Counterparts. This Agreement may be executed nu original and shall rt consti d co nstitute an counterpart shall have the same force and effect as g effective, binding agreement on the part of the undersigned. Entire Agreement: Modification. This Agreement contains the entire agreement between the Parties relating to the subject matter contained in this Agreement. All prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter hereof are superseded by this Agreement. of this Applicability Clarified. The City may s 's fees recurred n order all attorney and Russ agrees to pay the City for any and enforce this Agreement and as a result of enforcement of this Agreement. arties have executed this Agreement to be IN WITNESS WHEREOF, the P effective as of the date stated above. CITY OF NEW HOPE: RUSS: By: ` By. r Kathi Hemken Duane J. Russ It's Mayor By: Kirk McDonald It's Manager By: f Maru P:\Attorney \SAS \t Client Files- City of New Hope \99 -1003 (Public Works general) \Russ mitigation agreementd1doc I! e ent 4 aS5l B assett Creek Waters Manag W".bassettcreekwm©o Crgst�l • Golden'VSUCYY . Medlclne Lake - rdinn -upal �inneton kA . New Huge - * Robbing dale •'st' Longs Pur�c March 3, 2009 Mr. Guy Johnson Director of Public Works City of New Hope 5500 International Parkway New Hope, Minnesota 55428 a Landscape Improvements Re: 9209 40 -' /2 Avenue North, New Hop BCWMC #2008 - 28 Dear Mr. Johnson: ement Commission's (BCWMC) A request for variance from the Bassett Creek WateaseH Polides Relating to Floodplain Watershed Management Plan Policy 5.2.2.2 paragraph 19, 2009 Management) requiring floodplain mitigation was discussed at the BCWlUlC's Fe ruary withi the eetin .The projecoximateoodllain e forlNorthwood Lake m t included placement of appr g Northwood Lake floodplain at the referenced site. The P is 889.5 ft compensating storage must be The BCWMC approved the variance on the condition that comp of New Hop within 90 ro ert owner must complete a plan with the City provided and that the p p Y rovision of the com p e nsating s torage. The variance halbbe responsible for reporting � days fo r p to again if the condition is not satisfied. The City of New Hop the BCWMC after the compensating storage has been resolved. Sincerely, c Michael Welc ement Commission Chair, Bassett Creek Watershed Manag Duane and Mary Jo Russ, 9209 40 Avenue North, New Hope onsulting E ineer, City of Now Hope Jason Quisberg, C Daniel Stauner, New Hope BCWMC Commissioner Charlie LeFevere, Kenny & Graven Jim Herbert, Barr Engineering 249091v EXHIBIT parr Lngueee �mpany 'V huaet Welch; SCWMC Chair t Sixtis Street 47010 West 77 in Compally Mintteyrpbli� M1VS5435 c/o BarrEn,�fn.eer g 4700 0 7� Street 9 2- 832 -ZSUt? Minneaporjs AfS 55435 952-832-26#10 612485-6985 Mr. Michael Welch, Chair Bassett Creek Watershed Management Commission c/o Barr Engineering 4700 West 77th Street Minneapolis, MN. 55435 -48 Dear Mr. Welch, rative agreement between Mr. and Mrs. Russ (9209 401 /a Avenue O ed by the)Bas the city Bassett Attached is the coope g BCWMC) at its February 19, 2009 meeting. The agreement of New Hope. The agreement is in regards to a requested variance that wa p Creek Watershed Man mission Council on May agement Commission the property owners and was approved by the New Hope City , has been signed by p p 2009. the variance on the condition that compensatory storage go provided within the is that the property owners and the city of New Hope fill that was placed in the yards o The BCWMC approved Northwood Lake floodplain at the above address i floodplain. An additional condition of the va fiance agree to a plan that provides for this compensatory storage. and the city calls for the property owners and 3 cubic ards from their lakeside yard. The balance of The cooperative agreement between the property owner their contractor to remove a minimum of three () y of miti ation will be part of a city sediment removal project the 21 cubic yards g if ed that he agreement has Northwood Lake. The property owners and their contractor proceed s soon as possible. been formally approved by the city and w 1' ns for the etin , Council also authorized the preparation of plans a and Table for thos pr and od Lake. Funding At their May 11 me g sediment removal project at the west end N The removal from both sites will be verified by the city the city anticipates a start date later this y ear. en ineer, who will review the data with Barr Engineering for final verification. g Sincerely, Guy Johnson Director of New Hope Public Works cc: Kirk McDonald, City Manager Duane & Mary Jo Russ — 9209 40 /2 Avenue North Jason Quisberg, Consulting Engineer Daniel Stauner, New Hope BCMMC Commissioner ®PE Jim Herbert, Barr Engineering CITY OF N EW Minnesota 55428 -489 • www. ci.new- hope.mn.us 4401 Xylon Avenue North •New Hope, - 531 -5109 763 • Police (non - emergency): 763 - 531 - 5170. bpuW rks Fax: 7 63 City Hall. 763-531-5100 1 -5136 •Police Fax: 763-531-51 City Hall Fax: 763- 53 COUNCIL Request for Action Approved for Agenda Agenda Section Originating Department August 10, 2009 Develo ment & Plannir Public Works Item No. B: Gu Johnson, Director of Public Works By: Kirk McDonald, Cit Mana er 8.1 Y tract to Dennis Fehn Gravel & Excavating Inc. for the Northwood Lake west inlet Resolution awarding a con cleaning project (improvement project 806)! Requested Action Council approve a resolution awarding a contract in the s ediment from Dennis Fehn Gravel & Excavating Inc. for to Staff is recommending that constructi n access trail and cleanin water in front of Northwood Lakes west inlet struc Policy /Past Practice i The removal of collected sedment at lake and pond inlets is recommended in the city's 1996 surface water y's 2008 local water management plan, management plan an d the cit Background entl exists in Northwood Lake in front of the inlet st ructure e continues to function as and water quality. Access to the inlet s tructure northw A delta of sediment curr y r corner of the lake. It is important that the s adement be�emoved so that the a originally designed with regards to both w quantity ruction of an access trail to the lake is removal of the sediment would be from Jordan Avenue, just south of 40z Avenue. Because of the d el wooded area between the edge of the lake iv and ties b f fvenue, the con necessary to allow future maintenance a Y staff eetin , the Council authorized preparation of plans an d , s was on Jun At e the Council's May 11, 2009, m g Plans and specifications for the project were approved d 23, 2009. Coun the 12 bids received by the city, the work. given to solicit bids for the project. Bids were opened on Y be co mpleted in the spring bid submitted by Dennis Fehn to Gravel &Excavating Inc. was identified as the lowest and responsible bid. recommends that the proposed project start in 2009 with vegetation restoration of 2010. Second by d Motion by To: I: \RFA \PUBWORKS \2009 \806 Northwood Lake West Inlet Cleaning Award Contract.doc Request for Action August 10, 2009 Page 2 Funding 009 capital improvement program with the city engineer's 000, withiginal cost The proposed pr otect is in the city's The 12 bids ran 2 p with Funding estimate of $85,000. Cost estimates after completion m plans d o f $37 370 06, to just under $57, partial d and a portion construction costs at $,. ged from cubic would of fill removal will be storm water fun of the proposed work would be eligible or p would be from the c it y 's sto proximately 18 Y funding from Bassett Creek's strea wn rs at 9209 40' / /nAvenue. the responsibility of the property ° Attachments um, a copy of the resolution, and a copy of the bid tab are attached. The engineer's memorandum I: RFA \PUBWORKS \2009 \806 Northwood Lake West Inlet Cleaning Award Contract.doc City of New Hope Resolution No. 09 -112 Resolution awarding a contract to Dennis Fehnn Grav g E avating Inc. for the Northwood Lake west inlet c g P (improvement project 806) WHEREAS, the city requires the assistance of aaice contractor er in front of Northwood trail and the removal of sediment f tl Lake's west inlet structure; and, WHEREAS, the city engineer has prepared plans, specifications, and contract terms for the work; and, WHEREAS, the City has accepted bids for work described in e plans and specifications and has identified the low pon sible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Minnesota: l of 1. That the contract for construction of an access Excavating Inc am the sediment is awarded to Dennis Fehn Gravel amount of $37,370.0 2. That a contract between the city of New Hope � Dr a nd city Gravel & Excavating Inc. is approved, an manager are authorized and directed to sign the same. d b the City Council of the city of New Hope, Hennepin County, Minnesota, Adopte y this loth day of August, 2009. i Mayor Attest: �.� City Clerk 2335 HighVVay 36 W St, Paul, MN 55113 Tel 651-636-4600 Fax 651 -636 1311 w•.vvr:honestroo.com July 27, 2009 4 . 4 r B®nestroo Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Northwood Lake West Inlet Cleaning Project City Project No. 806 Project No. 000034- 0618 -1 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Thursday, July 23, 2009 at 1:30 P.M. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded There were a total of twelve Bids. The following summarizes the results of the Bids received: #12 G• r vel The low Bidder on the Project was Dennis Fehn nd fo and to betingorder, with a Total Base Bid Amount of $37,370.06• These Bids have been reviewed a If the City Council wishes b awarded the award the Project to ct on the Total the low Bidder be Base Bid Amount of $37,370.06. Excavating, Inc. should ase feel free to contact me at (651) 604 -4938. Should you have any questions, ple Sincerely, BONESTROO St. Paul St Cloud Jason P. Qulsberg, P.E. Rochester Milwaukee Chicago Enclosure Total Base Bid Low Cont� rapttor Dennis Fehn Gravel &Excavating, Inc. 37,370.06 $37,770-00 7 #2 Urban Companies, LLC $40,905.10 #3 Sunram Construction, Inc. $42,454.00 #4 Dave Perkins Contracting, Inc. $44,999.00 #5 Veit & Company, Inc. Contractors, LLC $47,559.52 #6 #7 Blackstone Nadeau Excavating, Inc. $49,496.00 $49,930.50 #8 BVF, Inc. $50,029.60 #g W.B• Miller, Inc. $52,283.00 #10 TMS Construction, Inc. $55,981.70 #11 Doboszenski & Sons, Inc. $56,938.00 F Jedlicki Inc. #12 G• r vel The low Bidder on the Project was Dennis Fehn nd fo and to betingorder, with a Total Base Bid Amount of $37,370.06• These Bids have been reviewed a If the City Council wishes b awarded the award the Project to ct on the Total the low Bidder be Base Bid Amount of $37,370.06. Excavating, Inc. should ase feel free to contact me at (651) 604 -4938. Should you have any questions, ple Sincerely, BONESTROO St. Paul St Cloud Jason P. Qulsberg, P.E. Rochester Milwaukee Chicago Enclosure x 0 1250 2500 ewe in feat 0 U a tV O O O N h n rn 3 9 3 0 M O i i P ROJECT LOCATION FIGURE 1 Bonestroo NEW HOPE, MINNESOTA NORTHWOOD LAKE WEST INLET CLEANING oM M : 000034 o61s3 -o 3406183FO8.DWG DATENARCH 2009 NEW HOPE MINNESOTA NORTHWOOD LAKE WEST INLET CLEANING COMM: 000034- 06183 -0 DATE: JUNE 2009 000034061830F09.DWG 21F. 888-88$� 8 - 8 3 - c 1� g:s Rs 8 9 O goo -4f, 4ft ift v. S g c - 3 CL " to t-� r 8 E 0 00 c? Lt� O Ol 0 S s 8 s s c�, t ui N - fE , 6 J EE z z CD z ui ca z LU Ne Z - 0 uj - Z 2') t co u U"� > > U 0 Z- z u -x 0 w uj 2 W= U Ln 40 w 01 Z z ` Pa co m co z z P Ft 4 n Ln C -0 O i2i c L9 0 > Im c J is u c z q) yy It d E m U) 0 x g Z u CL c t 96 o co O 21F. 888-88$� 8 - 8 3 - c 1� g:s Rs 8 9 O goo -4f, 4ft ift v. S g c - 3 CL " to t-� r 8 E 0 00 c? Lt� O Ol 0 S s 8 s s c�, t ui N - fE , 6 J EE z z CD z ui ca z LU Ne Z - 0 uj - Z 2') t co u U"� > > U 0 Z- z u -x 0 w uj 2 W= U Ln 40 w 01 Z z ` Pa co m co z z P Ft 4 n Ln C -0 O i2i c L9 C H C ei n a� z d `O u m � u Z" d M m m 3: m d c vy mm N Z L � 9 m Z V 0 V Z d m° v a v O 4 F' t0 p N S ppS O�y SOpC) �O SO$� - $$ O S iA p�G ~ M�4Pr � M M cl - P H N Vt tfr iRM �'✓ VF S g g g g g O p S S S S O S O M u g N � H tl�F N M � M Vi iPr y I S er H1 O � Vf NN S gg P � S V+ O 8 O pp pp pp pp pp p p pp P S Q O^ Opp n n� O� S t 0 0 O O 0 0 p 8 p M4 P ? R M NM S W M M 6? J JJJ W V l3 fn FZ- NU�IlJ W T In �U Ha f Z ~ g w W£ 8m o W8 z� Y O Z a d o NHS w0 m� UZ c z w z Q�oZGKg�S� ceo�t� 10 LW' r4 W w W QO a'�wQt7 t-'�f W 24. "rL o' LL�LL++O W O d O d d�woOwwc�cG a��f -Utn V- m� U�iO Ut7i CJQ4UVl 0- v � h M C � � ro E N b L GJ � J N N N N N u ��na mmF^_o = u Z P l M lu m ~ 'C C, E =oc s� Z �o f11 CD ch M G w z c � c Q Z or L 6g M C o E ( M M d p w� yC; � C w 2 Z ti S tD 'o J W m J J 1 W R P C � Ez NPO O h N Z 5 G u) ] N yV o N4 d�S N m g 8 m ro z u � c v N m g 8 g6gsgsol,w g o O m tli V4 u c .2 g 8, , -Ir , ca ZOO 8 8 g N 0 cc C5 A N o ui R I Z 0 o o — o A Z co Lf) co uj hi z r- ujc co d o z —& 1 Z uj z w a, c , i,� 0 z o Lu 2: > i u l Lw r 2s Ln E E 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 - 46 00 Fax 651- 636 - 13 11 www.bonestroo.com S� August 11, 2009 Mr. Gary Fehn Inc. Dennis Fehn Gravel & Excavating, 5050 Barthel Industrial Drive Albertville, MN 55301 Re: City of New Hope, Minnesota Northwood Lake West Inlet Cleaning Project City Project No. 806 Project No. 000034 - 061 Contract Documents Dear Mr. Fehn: Document 00610 Enclosed are four Contract Documents between n pocum 0 Agreement Form ng the above- nts shall emnity referenced Project. Please complete Specificatio Performance Bond, and Document 00615 Payment leted the Cont act Documenas, forward them to the be provided. After the bonding company has comp attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443-1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies Dennis Fehn Gravel & Excavating, Inc. (1- your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Jason Quisberg a si ned Contract and a filed Certificate of Insurance, approved by the City of New Hope's Upon receipt of 9 attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the Project. Sincerely, BONESTROO Jason P. Quisberg, P.E. Enclosures: Four Contract Documents St. Paul City of New Hope St. Cloud cc: Valerie Leone, Rochester Steven Sondrall, City Attorney Milwaukee Chicago JENSEN SONDRALL & PERSELLIN, P.A. 8525 EDINBROOK CROSSING, STE. ZUI BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAS (763 49- e -mail law @j P 3 Attorneys At Law Writer's Direct Dial No.: (763) 201 -0211 e -mail s as@ispattorneys.com AMANDA M. FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P. PERSELLIN STEPHEN M. RINGQUIST' STEVEN A.SONDRALL August 25, 2009 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Via e -mail to vleone@ci. new- hope.mn. us and by personal delivery Re: Northwood Lake West Inlet Cleaning Contracts City Project No.: 806 Our File No.: 99 -10030 Dear Val: ds and Enclosed please find four copies of the contract, bonnoint nce certificates for the referenced project. All of the documents are in order from a leg al stand P Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson Jason Quisberg 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in IllinoislColorado 'Qualified Neutral Mediator under Rule 114 P:'Attorney\SAS \l Client Files',2 City of New Hop09 -10030 (Public Works general ) hr 2059 Northwood inlet cleaning 806.d00 August 31, 2009 Mr. Gary Fehn Dennis Fehn Gravel & Excavating, I nc- 5050 Barthel Indusrial Drive Albertville, MN 55301 Northwood Lake west inlet cleaning project (Improvement Project No. 806) SUBJECT: North uted cop of the contract documents for New o your bonding Enclosed are two fully exec P One copy is for your records and the second copy should be tr company s t 10, 2009, for $37,370.9 New Hop Also enclosed is a "Withholding Affidas The ifo approved by the This contract was awarded by the d City Council on August is i Enclosed is return of your bid bon e Statute 290.97). (IC 13 4 form). We cannot make final payrn{ d t to our (Minn Minnesota Department of Revenue and subm form contains instructions for completion. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Jason Quisberg, City Engineer (Project No. 000034- 061 -1 ) Steve Sondrall, City Attorney (File No. 99- 1003 Guy Johnson, Director of Public Works ITy OF NEW HOPE Minnesota 55428 -489 + www. ci.new- hope.mn enue North +New Hope, - mer en ):763- 531 -5170 +ublic Works: 76 3 - 592 -67 + TDD: 763- 531 - 4401 Xylon Av g cy P City Hall: 763 - 531 -5100 + Police (none City Hall Fax: 763 - 531 -5136 + Police Fax: 763- 531 -5174 + Public WO r Fax: 763- 592 -6776 COUNCIL Originating Department Public Works REQUEST Approved — for Agenda November 8, 2010 Agenda Section Consent Item No. 6.6 g Guy Johnson By: Kirk McDonald, Cit Maria er vin cleaning project (improvement Resolution approving a change order for the Northwood Lake west inlet project 806) Requested action din that the Council approve the change order to the co r for r wi e and provide Excavating Inc. for installation ravel Staff is recommen g of shoreline plan to act as a noise buf e aesthetic benefit to the west side of Northwood Lake Background the city of New Hope proceeded with a project to remove In the fall of 2009, into the winter of 2010, west inlet of Northwood Lake. The project de u a provide access o the l sed ment and for of vegetation along concrete ramp to accumulated sediment at the the west shoreline and installation at r nlle Thedremoval of vegetation along the west shoreeline c levels o ation wo uld allow increased future maintenance of the storm w Y nearb residents, mostly with the thought that the void in and veget New Hope City Council consider the idents` homes. Residents requested that s of re lacement plantings in the area to help reduce increased noise that would help al eviae reach the res the informed the City Council a installation p nd requehsbtodhthat staff develop planting options g increased noise concerns of the neig Plan which The original site restoration plan was comprised of a turf grass seed mix Staff , f plan was presented ted to t included a seed mix of native prairie plants, shrubs, and trees for th e open 9 2010, Council work session. Members of the City Cu t Are agreeable eable it the City Council at the April p change in the restoration plan and requested staff a t o approve the addi to the contract for meeting, Council reviewed the planting plan p the installation of shoreline plantings. SECOND BY MOTION BY TO: ludu ) e. L1 w.. 0\806 Northwood Lake west inlet Planting Change Order Request for Action November 8, 2010 Page 2 Funding oJect was $37,370.06. The ract for the Northwood Lake west inlet cleaning pand trees to prow de a noise The original amount of the cont change order amount for the additional a ed is of site was $ shrubs 7,550. The revised contract amount is buffer for residents and to improve the e now $44,920.06 for construction of the original project was $60,000. The 12 b e s The co fund, d a portion w on of the st estimate bid of $37,370.06, to just under $57 rtial Funding T m Bas ettCreek'ssstream maintenance fund. proposed work was eligible for partia g 18 cubic yards of fill removal was the responsibility of the property owners at 9209 40'h Approximate 1 y Y Avenue. Attachments on, the change order, and the resolution are attached. The engineer's recommendati CITY OF NEW HOPE Resolution No. 10- 155 Resolution approving a change order for the Northwood Lake west inlet cleaning project (improvement project 806) WHEREAS, the c ty i has entered into a contract with Dennis Fehn and & Excavating Inc. for the Northwood Lake west inlet cleaning project; WHEREAS, d g urin the course of construction, modifications to the t existing plans and specifications were needed to address the etation after removal, to the sediment in the lake and the installation v e g of the access trail to the lake; and, WHEREAS, rn odifications have been made to the approved p and s p e cifications levels; l; and, to address the void in the vegetation and the increase y cit en gineer and staff have reviewed the costs for bmittdibonDe work WHEREAS, the g Fehn Gravel &Excavating Inc., and find the cost to be appropriate. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: City Council hereby approves the change order in the amount of 1. That the y $7,550. Cit Council of the city of New Hope, Hennepin County, Minnesota, Adopted by th e this 8th day of November, 2010. Mayor J t Attest:' L City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651-636 www.bonestroo.wm October 29, 2010 Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Northwood West Inlet Cleaning Project — Change Order No, 1 Client Project No.: 806 Bonestroo Project No.: 000034 - 06183 Dear Guy: Construction of the Northwood West Inlet Cleaning project improvements required the removal of a number of trees at the west end of the lake. Adjacent property owners raised concern about the loss of this screening. In response, the City forester developed a planting plan, including 10 trees and 25 shrubs, to reestablish some screening at this location. To simplify coordination of having these plantings installed, a price to complete this work was requested from the contractor on n a authorization on to proceed the work;�agree agreeing add this viewed as fair and they were giv work to their contract via change order. The trees and shrubs have been installed. If It is a establishment hold ccessfulr the pontractllwilplrbe ing, at which time the plantings will be reviewed closed at that time. If establishment is not successful, the to nt will be held open until the work is corrected and all vegetation is established It is recommended City Council approve Change amount the amount of $7,550 at the $37,370 ®6 to $44,920.06. November 8 meeting. This well incre ase the contract Please contact me if there are any questions about this change order or the project itself. Sincerely, Jason Quisberg P.E. Associate 651.604.493 Attachments: Change Order No. 1 tx ii 0 1250 2500 in led 0 �2 rn co co O pRO3ECT LOCATION FIGURE 1 NEW HOPE, MINNESOTA NORTHWOOD LAKE WEST INLET CLEANING DATENARCH 2009 COMM: 000034-06183-0 3406183FOS.DWG to 4f BonestroO FIGURE 2 NEW HOPE, MINNESOTA NORTHWOOD LAKE WEST INLET CLEANING COMM 000034-06183 000034061830F09.DWG DATE: JUNE 2009 Bonestroo November 22, 2010 Dennis Fehn Gravel & Exc. Inc. 5050 Barthel Industrial Drive PO Box 246 Albertville, MN 55301 Subject: Change Order No.1 for Project No. 806 a uthorized change order no. At its meeting of November 8, 2010, the New Ho u p l { City Cou 0 06. for $7,550. This brings the revised contract amo s igned change order documents. Please forward one to Your bonding company. Enclosed are Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Jason Quisberg, city engineer Guy Johnson, director of public works CI TY OF E OPE New Hope, • Minnesota 55428 -4898 ® www. ci.new- hope.mn.us 4401 Xylon Avenue North Public W City Hall: 763- 531 - •Police (non - emergency): 763- 531 -5170 •oC Works Fax: 63? D592- 67�76 63- 531 -510 City Hall Fax: 763- 531 -5136 •Police Fax: 763-531-5174", Public COUNCI e, 6.5 By: Kirk McDonald, City Manager gy: Guy Johnson wood Lake west inlet cleaning project (improvement project 806) Resolution accepting the North Requested Action Staff recommends that Council approve a resolution to accept the North a o Lake � the amount o $1, 801.42. p roject 806, and authorize final payment to Dennis Fehn Grave l & Excav g p Practice in the city's 1996 surface water The removal of cone cted sediment at Lake and pond inlets is recommended 's 2008 local water management plan. management plan and the city Background Northwood Lake in front of the inlet structure on the far northwest corner of A delta of sediment existed in N et structure for removal of the lake. it was important that the sediment be removed so that the lake continued to function as originall 4 Avenue. Because of the densely wooded area sar desi ned with regards to both water quantity and h o a 0 01 quality. Access tot e 1n neces g st so the sediment was from Jordan Avenue, � u d e of the lake and Jordan Avenue, the construction of an access trail to the lake was between the e g to allow future maintenance activities by staff. on May 11, 2009, and approved the Council authorized preparation of plans and sp were re and a o ont act was awarded on August s O 2009. of the 12 bids plans ad specifications on June 22, , Bids received by the city , city, the bid submitted by Dennis Fehn Gravel &Excavating Inc. identified as the lowest and responsible bid. — Second by Motion by < IL I To: L• \RFA \PUBW0RKS \2011 \806 Northwood Lake West Inlet Cleaning Final.doc Request for Action July 25, 2011 Page 2 he winter of 2010, the city proceeded with a proj In the fall of 2009, ect to on along a ccumulated the west shore c line and i t at the west inlet of Northwood Lake. The pro) ro ide a o the sediment aand for future maintenanoc tl f the installation of a segmented concrete ramp to p let. The rest shoreline noise levels to nearby reach theirces dents' homes. storm increased water m emoval of vegetation along the w with the thought that the void in vegetation would allow incre Residents requested that staff and the New Hope City Council consider the installation of replacement plantings in the area to help reduce increased noise levels. was com leted for the open site. The plan w A revised planting plan as presented e toe r estoration 1 plan and p April 19, 2010, Council work session. Members of the City Council were agreea Council reviewed the q re uested staff to prepare a formal approval. At the April on of th O ev o sed shoreline planting plan to the planting plan and passed a motion to approve the a tion a roving a change order to the contract for the revised planting plan was approve y contract. A resolu pp the Council on November 8, 2010. Funding in cleaning project was $37,370.06. With The original amount of the contract for the Northwood Lake and trees to provide a noise buffer for residents the $7,550 change order for the additional seed mix, shrubs and to improve the aesthetics of the open site, the contract amount was incr sa i at on r estimate, actual quantity of sediment that was necessary remove Excavating Inc. was $36,028.4 the final amount earned by Dennis Fehn Grav el & E for con struction of the original project was $60,000. The 12 bids received ranged from a low The cost estimate 'ust under $57,000. Funding was from the city's storm water {- �ndortion oft e i bid of $37,370.0 to assett Creek's stream proposed work was eligible for partial funding as the B res ponsibility of the property owners at 9209 40 /2 Approximately 14 cubic yards of fill removal Avenue. Attachments pies of the resolution, the engineer's memorandum recommending acceptance of the project, Attached are co and the final pay request. I: \RFA \PUBWORKS \2011 \806 Northwood Lake West Inlet Cleaning Final.doc CITY OF NEW HOPE RESOLUTION NO. 11 99 Resolution accepting the Northwood Lake west inlet cleaning project (improvement project 806) tY WHEREAS, Inc the ci has entered into a contract with Dennis Fehn Lake in et Excavatin the w t end for the removal of sediment in front of a Northwood of the lake; and, WHEREAS, staff is recommending that the pprov Council ad a pa resolution D Fehn Gravel & improvement project 806 and approve p Excavating Inc. in the amount of $1,801.42; and, tY WHEREAS, the ci engineer has reported that all work has been sat sfact Gravel g pleted and recommends that final payment be made to Denni Excavating Inc. THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin NOW, County, Minnesota: ts the Northwood �nLlnc west inlet cleaning 1. That the City Council accep project from Dennis Fehn Gravel & Excav g 2. That the city manager is hereby directed to authorize the final payment of $1,801.42, to Dennis Fehn Gravel & Excavating In the Ci Council of the city of New Hope, Hennepin County, Minnesota this 25th Adopted by tY day of July, 2011- Mayor Attest: 6 City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestrooxo 4 B onestroo July 12, 2011 Guy Johnson City of New Hope 5500 international Parkway New Hope, MN 55428 Re: Northwood Lake West Inlet Cleaning — Final Paym Client Project No.: 806 Bonestroo Project No.: 000034 - 06183 -1 Dear Guy: g project. ect. All work Enclosed find the final pap request for the North D d ,s Gr ravel & Excavating, has requested under this contract is comp lete. The contractor, final payment in the amount of $11801.42. 20%), less than a ment brings the total construction cost to $Wa, ge1Y due to This p an underrun n the amount reduce Y the $44,920.06 contract amount. The co of sediment removed from the lake. Nearly all the material to be removed was below the w ater surface, making an accurate measurement of the volum abailab e� difficult. Thefl al volume was a conservative estimate was ount of $ based on the infor considerably less than that e 1801.42. ommend final payment to Dennis Fehn Gravel & Excavating in the am We rec Sincerely, BONESTROO Jason Quisberg, P.E. Associate 651.604. Enclosure: Project IC -134 documents 0 1250 25M scale in fact O O co PROJECT LOCATION NEW HOPE, MINNESOTA N RTHWOOD LAKE WEST INLET CLEANING COMM: 000034 3406183F08.DWG DATE:MARCH 2009 r - 1 BonestrOO NEW HOPE, MINNESOTA CLEANING NORTHWOOD LAKE WEST INLET COMM: 000034-06183-0 000034061830F09.DWG DATE: JUNE 2009 h.1 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 0 10 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. Recommended for Approval by: BONESTROO Specified Contract Completion Date: 7,550.00 $ 0.00 $ 37,370.0 4 AND FINAL roved by Owner: CI W HOPE -. Date: 3406183-1 RE04Final.xlsm CONTRACTORS REQUEST FOR PAYMENT NORTHWOOD LAKE WEST INLET CLEANING BONESTROO FILE NO. 000034 - 06183 CITY PROJECT NO. 806 44,920.0 $ 36,028. $ 0.00 $ 36,028.45 0.00 $ 36,028. $ 34,227. $ 0.00 1,801.42 4 AND FINAL roved by Owner: CI W HOPE -. Date: 3406183-1 RE04Final.xlsm CONTRACTORS REQUEST FOR PAYMENT NORTHWOOD LAKE WEST INLET CLEANING BONESTROO FILE NO. 000034 - 06183 CITY PROJECT NO. 806 No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IP 17 18 1 2 3 4 5 Item BASE BID: MOBILIZATION TRAFFIC CONTROL CLEAR AND GRUB REMOVE STORM SEWER PIPE 60" RCP FLARED END SECTION COMMON EXCAVATION (EV) SEDIMENT EXCAVATION (EV) GEOTEXTILE FABRIC, TYPE V AGGREGATE BASE, CLASS 5 ARTICULATING CONCRETE BLOCK CLASS IV RANDOM RIPRAP SILT FENCE, HEAVY DUTY TEMPORARY ROCK CONSTRUCTION ENTRANCE PROTECTION OF CATCH BASIN, IN STREET STREET SWEEPER WITH PICK UP BROOM WITH OPERATOR PERMANENT SEEDING, INCL SEED (MNDOT 270 MIX), FERTILIZER, AND EROSION CONTROL BLANKET (CATEGORY 3) TEMPORARY SEDDING, INCL SEED AND EROSION CONTROL BLANKET (CATEGORY 3) SELECT TOPSOIL BORROW (LV) TOTAL BASE BID: CHANGE ORDER NO. 1 RIVER BIRCH 25# RED TWIGGED DOGWOOD #10 CHOKEBERRY #10 BLACK HILLS SPRUCE 6' BB TALLGRASS PRAIRIE SEED MIX FOR WET MESIC SOILS, INCL EROSION CONTROL BLANKET (CATEGORY 3) TOTAL CHANGE ORDER NO. 1 TOTAL BASE BID: TOTAL CHANGE ORDER NO. 1 TOTAL WORK COMPLETED TO DATE 3406183 -1 REQ4Final.xlsm Contract Unit Current Quantity Unit Quantity Price Quantity to Date LS 1 5200.00 1 LS 1 500.00 1 LS 1 3500.00 1 LF 16 18.00 16 EA 1 2100.00 1 CY 40 15.29 40 C( 600 16.67 363 SY 110 2.00 87 TN 60 19.75 55 SF 768 6.72 720 C( 62 75.00 39 LF 200 2.75 140 EA 1 1000.00 EA 2 200.00 HR 3 150.00 Amount to Date $5,200.00 $500.00 $3,500.00 $288.00 $2,100.00 $611.60 $6,051.21 $174.00 $1,086.25 $4,838.40 $2,925.00 $385.00 $0.00 $0.00 $0.00 SY 270 1.60 270 $432.00 SY 270 1.54 53 $81.62 CY 30 23.49 13 $305.37 $28,478.45 EA 3 260.00 3 $780.00 EA 15 150.00 15 $2,250.00 EA 10 150.00 10 $1,500.00 EA 7 290.00 7 $2,030.00 SY 220 4.50 220 _ $990.0 $7,550.00 $28,478.45 $7,550.00 $36,028.45 PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 806 BONESTR00 FILE NO. 000034 - 0618 -1 CONTRACTOR FEHN COMPANIES CHANGE ORDERS Descri tion 7550.00 No. Date Change Order for additional work on this 1 10/25/2010 This ro'ect. See Chan e Orders 7 550.00 Total Chan a Orders PAYMENT SUMMARY me7 nt Retaina a Complete No. From To 1Pa 663.59 929.66 18 593.25 1 01 04/2010 01 26 10 1372.80 27 456.08 2 01 27 2010 03 10 10 g 419..9 1801.42 36 028.45 03/11/2010 10 25 10 8143-75 36 028.45 3 4 AND FINAL 10 26 2010 07 08 11 1 801.42 Material on Hand 7 36 028.45 Oh final Contract 37 Total Pa ment to Date Chan e Orders Retaina a Pa No. 4 AND FINAL 4q 36 028.45 Revised Contract Total Amount Earned 3406183 -1 RE04Final.xlsm it,,4NEsoTA- & EVENM Affidavit Contractor`s Withholding Confirmation FERN COMPANIES INC ID 3713128 Please keep this information for your records. of this page to the project owner to receive your final payment. Submit a copy Jul 11 13:42:1 CDT 2011 Confirmation number 390047 Mon CITY OF NEW HOPE Project owner 806 Project number September 2009 Project begin date Project end date June 2011 LAKE INLET - NEW HOPE Project location NORTHWOOD RIVARD CONTRACTING INC 5348252 389972 2883473 389366 Subcontractors MIDWEST LANDSCAPES INC 1531541 389429 HEIKES FARMS INC Contractors Withholding Affidavit Confirmation HEIKES FARMS INC ID 1531541 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment. Confirmation number Project owner Project number Project begin date Project end date Project location Subcontractors 389429 Wed Jul 0614:45:54 CDT 2011 CITY OF NEW HOPE 806 June 2010 June 2010 NEW HOPE MINNESOTA No subcontractors listed. https: / / state. mn .us /wc /actiO n/confmationPrint 7/6/2011 -)TX Nt i F REVEI, C Withholding Affidavit Con f ir mabon V,JDWEST LAND SCAPES INIC ID 288'3473 - 0 Y(ytj 41 MOO '13 p �� ge , tr that YOU bmit - a COPY Of i'�V" 0- 2 C DT 20 CC, 11 vVe'd JUI 0 1 ,-,fim)3tiOn "UnIber r OPE OF NEW 7 i - P caw twr 306 p flufnbor Project ilegin datc 0 �Nl PT p end dat-�� 0[,, L LI _;,I<I-: WES Project 100awy, , 4 0 R TH, sk,L,contractors rav 1 - - - 7/6/2011 httn _ mndor ,.;tate.mn_u,,;/wc/action/confirmationPrint 07/11/2011 11:48 767531314 RIVaRD COMPANIES ���iz�l<s�TA• �.������, CQntractOr's WithhOlding Affidavit Confirmation ID 534825 RIVARD CONTRACTING INC CENTRAL- WOOD PRODUCTS formation for your records. please keep this in our final payment. Submit a copy of this page to the business that hired y to y our 957 GDT 201 confirmation number project owner Project number Project login clate Project end date Project location Subcontractors 389972 Mon Jul 11 10 • ' CITY OF NEW HOPE 806 November 2009 November 2009 NOIp,THWOOD LAKE. INLET NEW HOPE No subcontractors listed. C Received Time Jul. 11- 12:50PM hops: /l v.mncioz. state. mn .uslwc�act�,onlcenfnnationPzint p age IofI 7/11 /201 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Jason P. Quisberg, P.E. Date: June 22 2009 Reg. No. 44315 END OF DOCUMENT PROFESSIONALCERTO 000034 - 061 -1 ( 2009 Bonestroo DOCUMENT 00010 TABLE OF CONTENTS NORTHWOOD LAKE WEST INLET CLEANING CITY PROJECT NO. 806 PROJECT NO. 000034 - 0618 -1 NEW HOPE, MINNESOTA 2009 Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00 700 EJCDC C -700 Standard General Conditions of the Construction Contract 00800 Supplementary Conditions Specifications Division 1— General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements TABLE OF CONTENTS 000034 - 061 -1 00010 -1 C0 2009 Bonestroo Specifications Continued... Division 2 — Site Construction 02225 Removals 02230 Site Clearing 02315 Excavation and Fill 02318 Subgrade Preparation 02320 Trench Excavation and Backfill 02341 Geotextile Soil Stabilization 02630 Storm Drainage 02720 Aggregate Base Course 02920 Lawns and Grasses END OF DOCUMENT 000034-06183-1 CC 2009 Bonestroo 00010.2 TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Minnesota, in the City Hall at 4401 Xylon of New Hope, at which time they will be Sealed Bids will be received by the D-S � Thursday, July 23, 2009, Avenue North, until 1:30 a l o ud the furnishing of all labor, materials, and all else necessary for publicly opened and read a the following: In general, Work consists of the following approximate quantities: 600 Cy Sediment Excavation re ate Base 770 SF Cable Concrete Block Access Road, Incl. Agg g 60 Cy Rip Rap I LS Clear and Grub I LS Site Restoration, Incl. Seeding The estimated construction cost for this Project is $60,000 credit card at www.bonestroo.com follow the Plan Bidding Documents may be purchased by for a download digital copy)• fora a er copy), or a fee of $20 ( Office of Room link) for a fee of $40 ( P P a p a paper copy of the Bidding 3D ocuments 651 636 4600 w th a check for a fee of Bonestroo, 2335 Highway 36 Bidders m y p 5511 , ( ) West, w ed at the of Paul, MN ents may be viewed of the City of New Hope and at the Issuing $40. Bidding Docum Office. i to Engineer's Project Manager Jason Quisberg at (651) 604 -493 S. Direct an each Bid in ecuri in the amount of 5 percent of the amount of the Bid must accomp Y Bid S �' accordance with the Instructions to Bidders. p eriod not to The o reserves the right to retain the deposits of g low e and time s et f the of Bids. No Bids may be withdrawn for exceed 60 days after the � e date and time set for Oemn e Open ing of Bids. a period of 60 days after The Owner reserves the right to reject any caner. interests of the and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best Kirk McDonald, City Manager City of New Hope, Minnesota ADVERTISEMENT FOR BIDS 000034 - 061 -0 © 2009 Boriestr00 DOCUMENT 00200 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office: The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work within 5 days of Owner's request, Bidder shall submit written evidence, such as financial data, previous experience, present commitments, and such other data, as may be called for below: A. Evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034 - 06183 -1 © 2009 Bonestroo 00200 -1 INSTRUCTIONS TO BIDDERS ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions Identify: 1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports, or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. 000034-06183-1 © 2009 Bonestroo 00200 -2 INSTRUCTIONS TO BIDDERS DOCUMENT 00100 Minnesota, in the City Hall at 4401 Xylon Sealed Bids will be received by the City of New Hope July 23, 2009, at which time they will be Avenue North, until 1:30 P.M., C.D.S.T., Thursday, opened and read aloud for the furnishing of all labor, materials, and all else necessary for o publicly p the following: In general, Work consists of the following approximate quantities: The estimated construction cost for this Project is $60,00 Documents may be purchased by credit card at www.bonestroo.com (follow the Plan Bidding or a fee of $20 (for a download digital opy) c. Room link) for a fee of $40 (for a paper copy), a opy o f the Bidding Documents from the Issuing Office of Bidders may p urchase a paper c 55113, (651) 636 -4600 with a check for a fee of Bonestroo, 2335 Highway 36 West, St. Paul, MN $4 0. Bidding Documents may be viewed at the office of the City of New Hope and at the Issuing Office. Direct inquiries to Engineer's Project Manager Jason Quisberg at (651) 604 -4938. Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in Bid Sec ty accordance with the Instructions to Bidders. caner reserves the right to retain the deposits of the 3 lowest o Blddds may be withdrawn for The O op e ning of Bid exceed 60 days after the date and time set for the Op a period of 60 days after the date and time set for the Opening of Bids. caner reserves the right to reject any and all Bids, to waive irregularities of the Owner alities The O t to award the Contract to the be therein, and further reserves the righ Kirk McDonald, City Manager City of New Hope, Minnesota 600 CY Sediment Excavation 770 SF Cable Concrete Block Access Road, Incl. Aggregate Base 60 Cy Rip Rap 1 LS Clear and Grub I LS Site Restoration, Incl. Seeding ADVERTISEMENT FOR BIDS 000034 - 06183 - © 2009 Bonestroo o ies of reports and drawings referenced in Paragraph a 4 03d drawings i g B. C s are of Copies available by Owner to any Bidder on request. Those reports par of the Contract Documents, but the "technical data" contained therein upon General which Bidder is entitled to rely as provided hd n aragrap paragraph ° - of the i Conditions has been identified and established Bidder is responsible for any mterp r i o Su pp lementary Conditions. data, technical data" or any conclusion Bidder draws from any " i information contained in such reports or shown or interpretations, opinions, or indicated in such drawings. i' 4.05 1• responsibilities for the adequacy of data furnished to prospective res Provisions concerning p Underground Bidders with respect to subsurface conditll1ions, differing or unanticipated other physical conditions, Facilities, and possible changes in the Bidding Documents due to 4.02, 4.03, and 4.04 of the General Conditions. itions a pear in Paragraphs conditions prospective p Provisions concerning responsibilities for the adequacy of data furnishe top p p Bidders with res ect to a Hazardous Environmental c o ndition a at the a thus Site Environmental possible changes in the Contract Documents due to any Condition uncovered or revealed at the Site which was not ocumentsrto be indicated w thin the Drawings or Specifications, or identified in the Contract scope of the Work appear in Paragraph 4.06 of the General Conditions. e uest Owner will provide Bidder access to the Site deems necessary for submission On r q it former investigations, explorations, tests, and studies as Bidder r estre th Site to of a Bid. Bidder shall f all holes, and clean up an at ons tes so and studies. Bidder condition upon completion of such explorations, investig with all applicable Laws and Regulations relative to excavation and utility shall comply locates. Article 7 of the Supplementary Conditions for the identification of Reference is made to or others h general nature of other work that is to be performed to by I Work O t g contemplated by (such as utilities and other prime contractors) that r provide to each Bidder for these Bidding Documents. copies of owner f contract documents (other than portions thereof related examination access to or cope to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: a C. examine and carefully study the tsB Bidding any Addenda ts, identified in the Bidding the other related data isit the Site and become familiar with and satisfy Bidd erfor to the of the Work v ress, and p and Site conditions that may affect cost, progress, familiar with and satisfy Bidder as to all federal, stateof ndWorkLaws and be come ro g ress, and performance Regulations that may affect cost, p INSTRUCTIONS TO BIDDERS 000034 - 061 -1 00200 -3 © 2009 Bonestroo D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the Price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents, and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, 000034 - 06183 -1 © 2009 Bonestroo 00200 -4 INSTRUCTIONS TO BIDDERS ties and discrepancies that Bidder has discovered in the Bidding Documents and ambigui , the Bidding the written resolutions thereof by Engineer are acceptable to id der, and all terms and Documents are generally sufficient to indicate and convey conditions for performing and furnishing the Work. ARTICLE 5 - PRE -BID CONFERENCE 5.01 There will be no pre -Bid conference. ARTICLE 6 -SITE AND OTHER AREAS identified in the Bidding Documents. Easements for permanent structures or The Site is 6.01 facilities are to be obtained and paid for by Owner, unless permanent changes in existing o therwise provided in the Bidding Documents. All additional lands and access thereto of o P required construction equipment, n p storage ired for temporary construction facilities, dfo b q be obtained and p Y materials and equipment to be incorp orated in the Work are to Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA or intent of the Bidding Documents are to be submitted 7.01 All questions about the meaning En in to Engineer in writing. Interpretations or clarifications Addenda mailed or delivered to parties in response to such questions will be issued by A Documents. Questions received less recorded by Engineer as having received the Bidding questions than 10 days prior to the date for Opening of Bids may not be answered. Only ed b Addenda will be binding. Oral and other interpretations or clarifications w ill answer y be without legal effect. be issued to clarify, correct, or change the Bidding Documents as deemed 7.02 Addenda may advisable by Owner or Engineer. ARTICLE 8 -BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to owner 5 percent fied heck or bank of Bidder's maximum Bid Price an a m suret f o meeting the requirements of money order, or a Bid Bond issued by Y Paragraphs 5.01 and 5.02 of the General Conditions. d Security of the successful Bidder will be retained until Secur h Bidder and met s the other the Contract Documents, 8.02 The Bi furnished the required Contract Y d. if the con of the Notice of Award, whereupon the Bid act Documents will btsrand furnish the successful Bidder fails to execute and deliver the Contract required Contract Security within 15 days after the Notice of be f ® f n t d the Notice of Awar The B d d and the Ownercbelieves to have a reasonable chance of receiving Security of other Bidders whom the award may be retained by Owner until earlier of 7 days after the Effective Date of INSTRUCTIONS TO BIDDERS 000034 - 0618 -1 00200-5 © 2009 Bonestr00 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 described in the Bidding Documents without consideration of possible substitute or "or- equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so requested shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of Award is given request apparent successful Bidder to submit a substitute in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be increased (or decreased) by the difference in cost occasioned by such substitution and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not 000034 - 06183 -1 © 2009 Bonestroo 00200-6 INSTRUCTIONS TO BIDDERS rounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, cons titute g ainst which Owner or Engineer makes no supplier, individual, or entity w of and ag Notice of Award wi ob d eemed written � ection prior to the g of the n after j the Effect D of Owner and Engineer subject to p r graph 6 06 o the General Conditions. the Agreement as proved subcontractor, supplie a r, individual, or 12.03 Contractor shall re re on a objection. ion. entity against wh Contractor has ARTICLE 13 - PREPARATION OF BID Bidding Documents. Additional copies may be 13.01 The Bid Form is included with the obtained from Engineer. c om pleted b printing in ink or by typewriter and the 13.02 All blanks on the Bid a or alte on shall l be initiated in i by the person signing the Bid signed in ink u Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein. a corporation shall be executed in the corporate name by the president or a vice - 13.03 A Bid by � orate officer accompanied by evidence of authority to sign. The president or other corp ffixed and at seal shall be a tested by the secretary or an Chess gnature secre tary. The corporate oration shall be shown below corporate address and state of incorp shall be executed of authority to ted in the partnership name and signed by a partner 13.04 A Bid by a partnership evidence (whose title must appear under the signature), a ccompanied by sign. The official address of the partnership shall be shown below the signature. 13.05 A Bid co by p a limited liability company shall be executed in the name of the firm by a member and accom panied anied by evidence of authority to sign. The state for of the firm an the official address of the firm shall be shown below the signat 13.06 A Bid by an individual shall show the Bidder's name and official address. joint venture shall be executed by each joint venture hall be shown below 13.07 A Bid by a on the Bid Form. The official address of the joint venture s signature. 13.08 All names shall be typed or printed in ink below the signatures. numbers of which 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the shall be filled in on the Bid Form. 13.10 The address and telephone number for communications regarding the Bid shall be shown. ualification to do business m the 13.11 The Bid shall contain evidence B idder's cove nant hority a nd g such qualification prior to award state where the Project Is located INSTRUCTIONS TO BIDDERS 000034 - 061 -1 00200 -7 © 2009 Bonestroo of the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall identify the name of the company or subcontractor that will perform the listed portion of the Work if the Bidder is awarded the Contract. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of Work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. 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. 000034-06183-1 © 2009 Bonestroo 00200 -8 INSTRUCTIONS TO BIDDERS ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID executed in the 16.01 A Bid may be modified or withdrawn by an appropriate doc m where Bids are to be manner that a Bid must bed time for t Opening f Bids. place submitted prior to the date a n 16.02 Bids may be Withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS ids and, opened at the time and place indicated in the Advertisement of the amounts of 17.01 Bids will be pu blicly. A Bid Tabulation unless obviously ma'ar onsive, Alternates, f any, aloud be made available to Bidders after the the Base Bids an J Project is awarded. ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE id F orm, stated in 18.01 All Bids will remain subject to acceptance for the period o B d Sec prior to but Owner may, in its sole discretion, release any Bi an the end of this period. AR TICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on th B basis of the lowest responsive, responsible, qualified Bidder determined by the Total B or all Bids, including without limitation 19.02 Owner reserves the right to reject any a and forming, nonresponsive, unbalanced, or con ditional Bids. rOeasonablethmgriryrves whom it the rig g the right to reject the Bid of any Bidder y also reject the Bid of any Bidder if Owner evaluation to not be responsible. Owner may it would not be in the best interest of the Pr believes th oje es involving n price, te to at Bidder Owner also reserves the o late Contract terms w ith the successful Bidder. or changes in the Work and ton negotiate for believing that any Bidder individual or entity under the same o 19.03 More than 1 Bid for the same Work from an different names will not b 1 Bad for theeWork may be cause for disqualification of that has an interest u1 more Bidder and the rejection of all Bids in which that Bidder has an interest. w ith the ev aluating ds, Owner will consider whether or not the Bids 19.04 In Prices, and o ther data as may be g prescribed requirements and d s r � o the aces, Noti of Award. requested in the Bid Form p Bidders, Owner will consider the qualifications suppliers, of Bi d d �div d or ent .05 19 In evaluating B ers liers, the qualifications and experience of subcontractors, proposed for those portions of the Work for which the identity of subcontractors, INSTRUCTIONS TO BIDDERS 000034 - 061 -1 00200 -9 © 2009 Bonestr00 suppliers, other individuals, or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract award pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to Performance and Payment Bonds and Insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034 - 06183 -1 © 2009 Bonestroo 00200 -10 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 INFORMATION AVAILABLE TO BIDDERS Documents ntified in the Supplementary Conditions. are attached to this document. The Technical Data is I ' ns of re ngineer in the preparation of the Bidding Port reports and drawings used by the E lo P lementa responsible for their own interpretation, verification, Conditions and Supplem Data Bidders are be available contained in these re ports and drawings consistent with the General Project may and other historical information regarding with the P for Bidder's review at the Engine roject Manager. Conditions. Reports, drawings, er's office. Schedule a viewing END OF DOCUMENT 000034-061 © 2009 Bonestr00 INFORMATION AVAILABLE TO BIDDERS THIS BID IS SUBMITTED TO: city of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428-4898 1.01 The undersigned Bidder proposes and as specified orBnd cateden Bidding Documents for he prices 0 and within the ertim indicated Work the Bidding Documents to perform all p in this Bid and in accordance with the other terms and conditions of the Bidding Documents. disp Bidder accepts all of the ter d conditions to acceptance for 60 days after including he without for such onger of time disposition of Bid Security, The B 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 Date Addendum No. f' JA ed as to the general, local, and Site conditions that B. Bidder has visited the Site and become familiar with and is satisfi 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 lysical in or Site and all dngUnderg ound Fac es) which have been i surface dent fiedi subsurface n SC 4 02, and(2)Sreportss and drawings of us to, the Site (except Hazardous Environmental Conditions that have been identified in SC -4.06. BID FORM 000034 - 06183-1 00410 © 2009 8onesb'� SO) all additional or conditions (surface, tests, studies, and data concerning ditto or performance E. Bidder has obtained and caref inves tigations, r wh °h mad affect cost, Progress, nd or performance supplementary examinations, supp at ti , or contiguous to, the Stechniques, sequences, and procedures as act of the means, methods eciflc means, methods, techniques, sequences, a subsurface, and Underground Facilities) a 1 in the specific Bidder, and safety Of the work or which relate to any idder, including pp Y 9 Documents to be employed by construction to be employed by the Bidding procedures of construction expressly required by precautions and programs incident thereto. explorations, tests, studies, or data are further examinations, investigations, s Bid and within the times nce F and in Bidder does not consider that any Documents- necessary for the determination a d con ons of the Bidd ng Do Work at the Pr accordance with the other terms a Bidder is aware of the g eneral nature of work to be performed by Owner and others at the Site that relates to the G work as indicated in the Bidding pocuments. 1 ' formation known to Bidder, information examinations, reports n and observations obtain investigations, explorations, ed from vise to the Site, Bidder has correlated the in pocuments, and H. and drawings identified in the Bidding Dent s• tests, studies, and data with the Bidding ancies that Bidder has errors, ambiguities, or discrep Bidder has given Engineer written notice of all conflicts, En ineer is acceptable to Bidder. I. Documents, and the written resolution thereof by 9 discovered in the Bidding The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for J. the performance of the Work for which this Bid is submitte . evidence of its authority to do business in the state where the Project is located not later K. Bidder will submit written ev Agreement. than the date of its execution of the 4.01 Bidder further represents that: independently, without consultation, communi c° ofr restricting a ny any matters as o to such prices with any other Bidder or with any competitor for the purpose A The prices in this Bid have been arrived at relating etitor prior to opening of competition. other Bidder or comp B The prices in this Bid have not or will not be knowingly disclosed to any - the Bids. by the Bidder to induce any other person or firm to submit or not o No attempt has been made or will be made competition. submit a Bid for the pu rpose u ose of restricting ation and to undertake an investigation or Engineer at the Owner's direction, a contract. Bidder hereby may re uire the s, res onsibility, and qualifications before awarding onsiveness, resp I° ees and agents, which arise ou t of or relate to 4.02 Bidder understands that th Bidder''s resp submit an evaluation concemin9 ainst Owner, Engineer and their emp clear and Y and all claims, of whatever nature, ag ara ri waives any ion and statements made as a rest g al malice. thereof, Nothing fnrthis p is intended to restrict Bidder's eights statements that can be shown such investigation and evaluat , false and made with act convincing evidence to be trite to law. to challenge a contract pursuant BID rORM 00410-2 000034 -1 © 2009 Bones' o" 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s com puted in accordance with All specific cash allowances are included in the price(s) set forth below and have been comp Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph 11.03.13 of the General Conditions Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose se of determined d as proo Bids, and final payment for all Unit Price Bid items will be based on actual quantities Provided, in the Contract Documents. SID, $ r 1 $ BASE LS — 1 MOBILIZATION $ — _ o LS 1 $� 2 TRAFFIC CONTROL 3 CLEAR AND GRUB LS $ 1 4 REMOVE STORM SEWER PIPE LF 16 $ 17 j .. q ,�o $ ,� 1 $ 5 60' RCP FLARED END SECTION EA 6 COMMON EXCAVATION (EV) CY 40 $ 1 0, (0 (- $ 7 SEDIMENT EXCAVATION (EV) CY 600 $ C� $� 8 GEOTEXTILE FABRIC, TYPE V SY 110 $ � g AGGREGATE BASE, CLASS 5 TN 60 $ 768 $ - 10 ARTICULATING CONCRETE BLOCK SF 11 CLASS IV RANDOM RIPRAP CY 62 $ LF 200 $ 12 SILT FENCE, HEAVY DUTY $ 000 13 TEMPORARY ROCK CONSTRUCTION ") $ ENTRANCE PROTECTION OF CATCH BASIN, IN STREET EA 2 $ 14 BID MRM 00410 0000340 -1 0 2009 Bon b= No. 15 16 17 18 Units Unit Price Qty Item STREET SWEEPER WITH PICKUP BROOM WITH HR 3 OPERATOR PERMANENT SEEDING, INCL SEED (MNDOT Sy y� 270 $ 270 MIX), FERTILIZER, AND EROSION (CATEGORY 3) CONTROL BLANKET TEMPORARY SEEDING, INCL SEED AND SY BLANKET (CATEGORY 3) 270 zr EROSION CONTROL CY 30 SELECT TOPSOIL BORROW P) $ —7 TOTAL BASE BID: BID PORM 008034 - 061 © 2009 Bwn tmo 00410 -4 A Pa_ rtn?rshlp (SEAL) Partnership Name: BY ' (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): ' Phone NO.: Fax No.: Title: (CORPORATE SEAL) Attest (Signature of Corporate Secretary) Business Street Address (No P.O. Bo 9's) : Y,,M 1 &6 )0 A V2 Fax No.: Phone No.: ��� _ BID FORM 000039- 06193.1 00410 - © 2009 Bone tw 15 16 17 18 STREET SWEEPER WITH PICKUP BROOM WITH HR OPERATOR 270 $ PERMANENT SEEDING, INCL SEED (MNDOT SY 270 MIX), FERTILIZER, AND EROSION CONTROL BLANKET (CATEGORY 3) 270 $ TEMPORARY SEEDING, INCL SEED AND SY EROSION CONTROL BLANKET (CATEGORY 3) 30 $ 2�, $ �� SELECT TOPSOIL BORROW V) CY $'7 TOTAL BASE BID: BID FORM 000034.063634 00410 Q 2009 B -estr00 A Joint Venture By: Joint Venture Name: (SEAL) By: (Signature of joint venture partner) Name (typed or printed): Title: Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). 000034- 06183 -1 00410-7 BID FORM © 2009 B-n trw IN DIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT 'ATE OF )UNTY OF On this ,ersonally appeared o me known to be the person >ond, and acknowledged that ict and deed. day of described in and who executed the forgoing he executed the same as ________ free Notary Public CORPORATION ACKNOWLEDGMENT , before me TATE OF MINNESOTA AUNTY OF RAMSEY 21S day of July 2009 , before me On this to me known, personally came Gary Fehn. who being by me duly sworn, did depose and say; that he is the President of Dennis Fehn Gravel & Excavating, Inc. the corporation described in and which executed the above instrument; that e k o and s he o f said corporation; affixed by order of the Board of Directors of said corporation, signed his name thereto by like order. RITA M. NOTARY PUBLIC MINNESOTA Q Notary Public My Commission Expires Jan - 31,20 ` 10 SURETY ACKNOWLEDGMENT LATE OF MINNESOTA RUNTY OF RAMSEY 21 day of July 2009 , before me On this personally known, who, being to me appeared Stephen M. Klein p iuly sworn, did say that he is the Attorney -in -Fact of Merc BondIA Company of D es ghat the seal affixed to the foregoing instrument is the corporation seasaid by co uhort io o ; f that the said instrument was signed and sealed on behalf of said its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. r, Notary Public N ESOTA §:Ez3 31, 2010 Merchants Bonding CompanY ��/ (Mutual) POWER OF ATTORNEY PANY Know All Persons By These Presents, that the MERCHANTS BONDING COM es, UAL), a corporation duly organized under the laws of the State of Iowa, these and havingprincipal is ma the City t ute and app s' County of Polk, State of Iowa, hath made, es constituted and appointed, and does by P John D. Klein, John C. Klein, Stephen M. Klein, Kristin M. Bakos St. Paul and State of Minnesota its true and lawful Attorney -in -Fact, with full power of lace and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and authority hereby conferred in its name, p and all bonds, undertakings, recogn' of: s or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount 000,000.00)DOLLARS TWELVE MILLION ($12, and to bind the MERCHANTS BONDING COMPANY ( MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly a e t autho dty heeein g'i enMare hereby ratified a conOfMmed.Y (MUTUAL), and all the acts o said Attorney -in -Fact, pursuant to the the MERCHANTS BONDING COMPANY (MUTU dent oNSec Secretary 6, I h 02. power and This Power -of- Attorney is made and ex ec pursuant to and by authority of the following Am Substituted and Restate y Laws adopted by the Board o. Directo ARTICLE il, SECTION 8 - The Chairman of the Board ze them President or any Vice e the nature authority to appoint Attorneys-in-Fact, n to author' izancescontracts t of indemnity and other p writings obligatory a Seal oft e Company thereto, bonds and and g may be affixed by facsimile thereof. of any bond, undertaking, ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Compa to any Power of Attorney or Certification thereof authorizing the execution and delivery recognizance, or other suretyship manually of the Company, and such signature and seal when so used shall have the same force and effect as though m Y D h day of COMPANY has caused these presents to be signed by its President an In Witness Whereof, MERCHANTS BON its corporate seal to be hereto affixed, this . 2 . _ • * ° • � CQA •• MERCHANTS BONDING COMPANY (MUTUAL) Q 0 '9q' 9 Z -0- p ° �� 1933 e: By • s d •'`'��• President STATE OF IOWA COUNTY OF POLK ss. me duly sworn did say that On this 16th day of January, 2006, before ration described in the foregoing instrument me appeared Larry Taylor, to me personally known, who being by orate Seal of the said Corporation and that the said instrument was signed and sealed in behalf he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corpo and that the Seal affixed to the said instrument is the Cc p of said Corporation by authority of its Board of Directors, I at the City of Des Moines, Iowa, the day and year first n Whereof, I have hereunto set my hand and affixed my Official Sea in T above written. CINDY SMYTH Commission Number 173504 My Commission �x�ires Notary Public, Polk County, fovea STATE OF IOWA COUNTY OF POLK ss. o do hereby certify I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), that the ab ve and foregoing is a true and correct copy of the POW amended o Eevoked.ted by said MERCHANTS BONDING COMPANY (MUTUAL), J Of 2009 • still in full force and effect and has not on this 21 st day o In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company e -o- in :—. Secretary Q 1933 : c: POA 0001 (1/06) DOCUMENT 005 AGREEMENT FORM THIS AGREEMENT 1s by and between the Cit of New Hoe Minnesota (hereinafter called Owner) and (h Dennis Fehn Gravel & Excavatin Inc calle Contractor). d a ee as follows: nd Contractor, in consideration of the mutual covenants hereinafter set forth, �' Owner a ARTICLE 1- WORK complete all Work as specified or indicated in the Contract onstruction of Documents- 1.0 Contractor shall on in Northwood Lake construction concrete enerally described as follows: Sediment excavati access road. ARTICLE 2 - THE PROJECT b 2.01 The Project for e the whole or only a part is N Lake West Inlet Cleaning for the City of New Hope, Minnesota, which the Work under the Contract Documents may generally described as follows: North City Project No. 806. ARTICLE 3. ENGINEER MN 55113 (Engineer), rig 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, hts and Owner re resentative, assume all duties and responsibilities, with the ompl tion of the Work in who is to act as Own p authority assigned to Engineerpocumentsntract Documents in connection accordance with the Contract ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence letion, and completion and readiness for A. All time limits for Milestones, if any, Substantial Comp ' nal Pa s are of the essence of the Contra F1 p as stated in the Contract Document 4.02 Dates for Substantial Completion and Final Payment that includes completing the clearing, sediment excavation, cable concrete access A. The Work feted on or before June 1, 2010- All work shall be in accordance with Paragraph for 14.07 of the General Conditions on or drive installation and sea Final Paym e nt Substantially Comp completed and ready before July 1, 2010• 4.03 Liquidated Damages Bement and that Owner o f the essence o f this Agr Contractor and Owner recognize that time n he times spec fi d in Paragraph 4.02 above, plus also A. completed will suffer financial loss if the Work is not comp n a legal or arbitration proceeding the actual loss allowed in accordance with Article 12 of the General Conditions. The parties any extensions then such expense, and difficultles involved in proving recognize the delays, Accordingly, instead of requiring any loss suffered by Owner if the Work is not completed on time. AGREEMENT FORM 000034- 06183 -1 00520 -1 © 2009 Bonestr00 proof, Owner and Contractor agree that as Liquidated the S ° fled in Paragraph 4 02 for�Milestones and elay (but not as a s pay Owner $150 for each day that expires aft P e Substantial Completion until the Work is Substantially Work within the Contract Time or any proper e xtension shall neglect, refuse, or fail to complete the remaining th ed in thereof granted by Owner, Contractor shall pay Owner $250 for p completed and ready fo Paragraph 4.02 for completion and readiness for Final Payme nt until the Work is Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completio k at the prices stated in C b Bid, attached here o an amount in current funds as follows: For all P exhibit for an Original Contract Amount of Thirty-Seven Thousand Three Hundred Seventy Dollars and Six Cents ($37,370.06) for the Total Base Bid. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in s ch in the eneral of the General Conditions. Applications for Payment will be processed by Engineer provided 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A1 and 6.02.A2 below. All such s and in the case of Bid Unit Price Wok based on the established in Paragraph 2.07.A of the General Conditions 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 of the General d, including but not limited to liquidated damages, in accordance with Paragraph a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2, Upon Substantial Completion, Owner completed, l les amount uch amounts as Engineer shall payments to Contractor to 100 percent of the Work percent of determine in accordance with Paragraph 14.02.B5 of orecorrected a shown on the tentative ve list of Engineer's estimate of the value of Work to be completed items to be completed or corrected attached to the certificate of Substantial Completion. 000034- 06183 -1 AGREEMENT FORM © 2009 Bonestroo 00520 - DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the Cites of New Ho Nu esota (hereinafter called Owner) and D ennis Fehn Gravel &Excava Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK The Work is 101 Contractor shall complete a ll Work as specified or indicated Lake and construction of a cable oncrete generally described as follows: Sediment excavation in Northwood access road. ARTICLE 2 -THE PROJECT under the Contract Documents may be the whole or only a part, is 2,01 The Project for which the Work nerall described as follows: Northwood Lake West Inlet Cleaning for the City of New Hope, Minnesota, ge y City Project No. 806. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, will e 55113 (Engineer), rights and who is to act as Owner's representative, assume all duties and res nsi with the completion of the Work in authority assigned to Engineer in the Contract Documents in connection accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. Th Work that includes completing the clearing, sediment excavation, cable c work shall be driv installation and seeding shall be Substantially n Ce Wpb Para Ph 14.07 of the Conditions on or completed and ready for Final Payment before July 1, 2010 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 otimes e sGene al Conditions. The parties also 4.02 above, plus any extensions thereof allowed in accordance with Article 12 actual recognize the delays, expense, and difficulties involved in proving inc legal any such loss suffered by Owner if the Work is not completed on time. Accordingly, 000034 - 06183 -1 00520 -1 C 2009 Bonestroo 6.03 Final Payment Paragraph 14.07 of the A. Upon Final Completion and acceptance of the Work, in � e as by Engineer as General Conditions, Owner shall pay the remainder of the Con provided in said Paragraph 14.07. ARTICLE 7 - INTEREST d in Article 14 of the General Conditions, shall bear interest 7.01 All moneys not paid when due, as provide at the maximum rate allowed by law at the place of the Prole ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS g In order to induce Owner to enter into this Agreement, Contractor makes the following representations: has examined and carefully studied the Contract Documents and the other related A. Contractor data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar f tlhi and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance C. Contractor is familiar with and is satisfied as Wk federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the ork. all rep orts of explorations and tests of subsurface re D. Contractor has carefully studied all: (1) p c o ace nditions at or contiguous to the Site and all drawings of physical ound Facilities) which have been identified or subsurface structures at or contiguous to the Site (except Un e gr m pP s and the Su lementary Conditions as provided in Paragraph 4.02 of the Site which has bee d (2) re d rtn the dra of a Hazardous Environmental Condition, if any, at Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or as tests, studies, and and data d one oncerning investigations, e additional or supplementary examinations, t or co nti g uous conditions (surface, subsurface, and Underground Facilities o s as pect of the means methods, techniques, progress, or performance of the Work, or which relate t y p inclu appl sp ecific s equences, and procedures of construction to be employed construction, Co n tract or, if aexpressly, required by he means, methods, techniques, sequences, and procedures o Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. Contractor does not consider that any furt g wi i thin , the Contract Times, studies, or data are necessary for the performance of the W ork at the Contract Price, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Docume AGREEMENT FORM 000034- 061 -1 00520 -3 © 2009 Bonestr00 Contractor has correlated the information known to C nt Sa t information mets, d all H. additional obtained from visits to the Site, reports ations, tests, studies, and data with the Contract Documents. examinations, investigations, exp am biguities, or Contractor I. has given Engineer written not ocuments l and th ecwritten � t solton thereof by discrepancies that Con d the is covered in Contract Engineer is accepta ble o 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: Northwood Lake West Inlet Cleaning. 7. Addendum (None). g, 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), he documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly B. T noted otherwise above). ntract Documents other than those listed above in this Article 9 • C. There are no Co EMENT FORM AGRE 000034 - 061 -1 00520 -4 © 2009 BonestrOo 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 sed in this Agreement will have the meanings stated in the General Conditions and the A. Terms u Supplementary Conditions. 1.0.02 Assignment of Contract A. No assignment by a party hereto of any rights under oi to the the on and, specifically �bu such on ano party hereto without the written consent of the party sought tion moneys that may become due and moneys that are due b 1 )e and unless spe� ifically without limitation, consent (except to the extent that the effect of this restriction may be contrar in any written consent to an assignment, no assignment will release or discharge the stated to the Y assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its Partn successors, assigns, and legal repres entatives to the other party hereto, its partners, successors, t ass an legal covenants, agreements representatives in respect to represen and obligations contained in the ontra 10.04 Severability art of the Contract Document held ° hal cont nut Law or Regulation shal be valid l A. Any provision or p and binding l be deemed stricken and all remaining provisions upon Owner and Contractor, who agree that the Contract Documents comes close as possible to expressing provision or part thereof with a valid and enforceable provision that the intention of the stricken provision. AGREEMENTFORM 000034- 0618 -1 00520 -5 © 2009 Bonestro0 ne counterpart IN WITNESS WHEREOF, Owner and Contractor have this he Contract Documents have signed or each has been delivered to Owner and Contractor. All portions o identified by Owner and Contractor or on their behalf. This Agreement will be effective on 2009 (which is the Effective Date of the Agreement). Contractor: Owner: it of ew Ho e Minnesota By: Attest Address for giving notices: Phone:� � Facsimile: k License No. (Where applicable) Designated Representative: Name: '�� : • = i 1 Title: END OF DOCUMENT AGREEMENTFORM 000034- 0618 -1 00520 -6 0 2009 Bonestroo 1 1 % 554 Phone:� � Facsimile: k License No. (Where applicable) Designated Representative: Name: '�� : • = i 1 Title: END OF DOCUMENT AGREEMENTFORM 000034- 0618 -1 00520 -6 0 2009 Bonestroo Any singular reference to Contractor, Surety, shall be considered plural where applicable. p Owner, or other party NTRACTOR (Name and Address): VNER (Name and Address): )NTRACT )ate: amount: )escription (Name and Location): SURETY (Name and Address of Principal Place of Business): OND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: intendin to be legally bound hereby, subject to the terme printed representafiverse side hereof, do each cause this surety and Contractor, g performance Bond to be duly executed on its behalf by its authorized officer, ag > CONTRACTOR AS PRINNCIPAL Company: Signature: _ Name and Title: (Seal) (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Seal) Attest: Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: ________ Signature and Title: (Seal) No. C -610 (2002 Edition) prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated Genera Ito prep .tors of America and the American Institute of Architects , 00610 -1 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 12. 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: I. 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. FnR TXT17nD T 4 n ^rrnlr 6. After Owner has terminated Contractor's right to complete the Contract, and Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities o Surety to Owner shall not be greater than those of Contractor under the Contract, an the responsibilities of Owner to Surety- shall not be greater than those of Owner unde the Contract. To a limit of the amount of this Bond, but subject to commitment b Owner of the Balance of the Contract Price to mitigation of costs and damages on tb Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work an completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting fror Contractor's Default, and resulting from the actions or failure to act c Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in th Contract, actual damages caused by delayed performance or nor, performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that at unrelated to the Contract, and the Balance of the Contract Price shall not be reduced c set off on account of any such unrelated obligations. No right of action shall accrue o this Bond to any person or entity other than Owner or its heirs, executor: administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contra, or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any cow of competent jurisdiction in the location in which the Work or part of the Work i located and shall be instituted within two years after Contractor Default or within tw years after Contractor ceased working or within two years after Surety refuses or fai to perform its obligations under this Bond, whichever occurs first. If the provisions , this paragraph are void or prohibited by law, the minimum period of limitatic 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 addre: shown on the signature page. 1 1. When this Bond has been fiunished to comply with a statutory requirement in t1 location where the Contract was to be performed, any provision in this Bor. conflicting with said statutory requirement shall be deemed deleted herefrom ar provisions conforming to such statutory requirement shall be deemed incorporate herein. The intent is that this Bond shall be construed as a statutory bond and not as common law bond. 12. Definitions. 12.1 Balance of the Contract Price: The total amount payable by Owner Contractor under the Contract after all proper adjustments have bee made, including allowance to Contractor of any amounts received or to t received by Owner in settlement of insurance or other Claims for damage to which Contractor is entitled, reduced by all valid and proper paymen made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on d signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither bee remedied nor waived, to perform or otherwise to comply with the terms the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied n, waived, to pay Contractor as required by the Contract or to perform ar complete or comply with the other terms thereof. • N r — rvame, tiauress and Telephone Surety Agency or Broker Owner's Representa (engineer or other Dartv) 00610 -2 pAYMENTBOND shall be considered lural where applicable. Any singular reference to Contractor, Surety, Owner, or other party p NTRACTOR (Name and Address): VNER (Name and Address): )NTRACT )ate: mount: )escription (Name and Location): OND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: SURETY (Name and Address of Principal Place of Business): tendin to be legally bound hereby, subject to the terms printed 'ayment Bond to be duly ex the reverse side hereof, do each cause this ',urety and Contractor, m g ecuted on its behalf by its authorized officer, agent, o CONTRACTOR AS PRINCIPAL SURETY Company: (Seal) Signature: (Seal) Surety's Name and Corporate Seal Name and Title: By: Signature and Title (Attach Power of Attorney) Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) Attest: ______ Signature and Title SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Seal) Attest: Signature and Title: No. prepared thr Edition) the American Subcontractors Association, and the Associated Specialty Contractors. re ared through the joint efforts of the Surety iation of America, Engineers Joint Contract Documents Committee, the Associated Assoc General IY P P Mrs of America, the American Institute of Architects, 00615 -1 L 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 2.1 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. FOR INFORM e•rinXr � )v. �, 8. Amounts owed by Owner to Contractor under the Contract shall be used fo the performance of the Contract and to satisfy claims, if any, under an performance bond. By Contractor furnishing and Owner accepting this Bond they agree that all funds earned by Contractor in the performance of the Contra c 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 o Contractor that are unrelated to the Contract. Owner shall not be liable fo payment of any costs or expenses of any Claimant under this Bond, and shat have under this Bond no obligations to make payments to, give notices on behal of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to th Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond othe than in a court of competent jurisdiction in the location in which the Work o 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 Paragrapi 4.2.3, or (2) on which the last labor or service was performed by anyone or th last materials or equipment were furnished by anyone under the Constructio, Contract, whichever of (1) or (2) first occurs. If the provisions of this paragrap are void or prohibited by law, the minimum period of limitation available ti 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 th addresses shown on the signature page. Actual receipt of notice by Suret) Owner, or Contractor, however accomplished, shall be sufficient compliance a of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requiremer in the Iocation where the Contract was to be performed, any provision in thi Bond conflicting with said statutory requirement shall be deemed delete herefrom and provisions conforming to such statutory requirement shall b deemed incorporated herein. The intent is that this Bond shall be construed as statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiar of this Bond, Contractor shall promptly furnish a copy of this Bond or sha: permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract wit Contractor, or with a first -tier subcontractor of Contractor, to furnis labor, materials, or equipment for use in the performance of th Contract. The intent of this Bond shall be to include without limitatio in the terms "labor, materials or equipment" that part of water, ga: power, light, heat, oil, gasoline, telephone service, or rental equipmet used in the Contract, architectural and engineering services required fc performance of the Work of Contractor and Contractor Subcontractors, and all other items for which a mechanic's lien may b asserted in the jurisdiction where the labor, materials, or equipmer were furnished. 15.2. Contract: The agreement between Owner and Contractor identified o the signature page, including all Contract Documents and change thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied nc waived, to pay Contractor as required by the Contract or to perform an complete or comply with the other terms thereof. Surety Agency or Broker V i anu i eiepnone Owner's Represe ntative (engineer or other oartvl- 00615 -2 GENE RAL O O F THE CONST , r A Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By National Society of E Eng ineers * 0 p Ong A M Ptof tt l i�fimM i t Prit Pradice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by a The Associated General Contractors of America Kna, 42SVe k-,t crea "G a� SuStan'kv3 t" Sun F; Wiif+aamer)l Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Prof00700ali Engineers for EJCDC. All rights reserved. Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Suppleme Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page 1 - DEFINITIONS AND TERMINOLOGY ............................................................................... ..............................6 ARTICLE 1.01 Defined Terms ................................................................................................... ......................... .............................. ............................... 9 1.02 2 Terminology ...................................................... - PRELIMINARY MATTERS ................................................................................................. .............................. ARTICLE Delivery of Bon ......................... ds and Evidence of Insurance ..... ............................... ...... ..........9 2.01 2.02 .. . ................................................... Copies of Documents .............................. .... .............................. Times; Notice to Proceed .... ................... ...... ...... ..9 2.03 Commencement of Contract ............................... 2.04 Starting the Work ........... ................................................... ..............................9 .......9 2.05 Before Starting Construction ..................................................................................................... Conference ...................................................................................................... ..............................9 2.06 2.07 Preconstruction ................... ......... .................. . Initial Accepta MENDING, REUSE ...................... nce of Schedules ..................... INTENT, A ...........................`... „_.10 ARTICLE 3 - CONTRACT DOCUMENTS: ..........:::.......::.... ..........10 3.01 ... ....... ....... Intent ........................... ............................... ........ ......... ......... 3.02 Reference Standards ............................................................................................................... .............................. Resolving Discrepancies .................................................................................. ............................. 3.03 Reporting and ...................... Amending and Supplementing Contract Documents ....................... 11 3.04 3.05 3.06 Reuse of Docau a ents ................................................................................................................... .............................11 Electronic D SUBSURFACE AND PHYSICAL COND ITIONS; HAZARDOUS O ARTICLE 4 - AVAILABILITY OF LANDS; „ ..........................11 REFERENCE POINTS ENVIRONMENTAL .................................................................. .............................11 CONDITIONS; 4.01 Availability of Lands ......... ............................... ...............12 Physical Conditions ......................................................................................... ............................. 4.02 Subsurface and Subsurface or Physical Conditions ...I ....................... 13 4.03 Differing Underground Facilities ...................................................... ............................... ............................... ...................... 4.04 ............................... 4.05 ................................... ................... . Reference Points ............... ............................. Condition at Site ............. ............................... 4.06 Hazardous Environmental ........ AND INSURANCE ........................... ............................... ARTICLE 5 -BONDS Performance, Payment, and Other Bonds ......................... .......I....................... ...... ............................... . 15 5.01 Sureties and Insurers ................................................................................................. ............................. 5.02 Licensed 5.03 Certificates of Insurance ........................................................................................................... .............................15 16 5.04 Contractor's Liability Insurance ................................................................................ ............................... .............................. ' 5.05 Owner's Liability Insurance .............. ............................... ...............16 5.06 Property Insurance ................................................... . ............................... .........17 5.07 Waiver of Rights............ ................ . of Insurance Proceeds ..................................................................... ............................... 5.08 Receipt and Application of Bonds and Insurance; Option to R .................................... 5.09 Acceptance Insurer .............................................. Partial Utilization, Acknowledgment of Property 18 ............ 5.10 6 - CONT ............................... ARTICLE ............................................................................ 18 6.01 iandSuperintendOenSeBILITIES Supervision 6.02 Labor; Working Hours .................. Materials, and Equipment .......................................................................................... .............................18 6.03 Services, 6.04 Progress Schedule ................... ............................... .......................................................................... ............................... "Or- Equals " .............................20 ...............19 6.05 ......... Substitutes and .......................................... Suppliers, and Others ........................ 6.Ob Conce g Subcontractors, Concerning ............................ ............................... Fees and Royalties .... ............................... ............................... 6.07 Patent ..................................................................... 21 6.08 Permits .......................... ............................................................................................................ ............... .............................. .............. ........... 22 6.09 Laws and R ............................ ..... ...I........................... 22 6.10 . .......................... ........................................................ ............................... Taxes .................................. Use of Site and Other Areas ............................................ .............................22 6.11 6.12 Record Documents .................................................................................................................... ........................................................... ............................. 6.13 Safety and Protection ........ ............................... .............................23 ..................................... 6.14 Safety Representative ........................................................................... ............................... .........23 6.15 . .................................. Hazard Communication Programs ................... EJCDC C -700 Standard General Conditions of the Construction Contract. Engineers for EJCDC. All rights reserved. Copyright Oc 2002 National Society of Professional 00 6 .16 Emergencies ..........................:. .17 Shop Drawings and Samples ................ ............................... 23 6.18 ........................................................ Continuing the Work ...................... ............................... 23 6.19 .......................................................................... ............................... 24 Contractor's General Warranty and Guarantee 6.20 Indemnification ................... ................... ............................... 24 6.21 ....................... ............................... Delegation of Professional Design Services ARTICLE ............................................................................. 7 - OTHER WORK AT THE SITE .............................25 7.01 .................................. Related Work at Site ........................ ............................... 25 7.02 ............................... Coordination .............................. 25 7.03 Legal Relationships ............................................................. 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor .............................26 8.02 .............................. Replacement of Engineer ....................... ....................................... .............................26 8.03 Furnish Data ............................................ ................ ............................................................... ............................... 8.04 Pay When Due ............... ............................... 26 8. 05 Lands and Easements; Reports and Tests .............. ............................... .06 Insurance ......... ..... ............................... ............................... 26 8.07 ........................................................ Change Orders ......................: ............................... 26 •Q$ ......... ............................... Inspections, Tests, and Approvals 26 ���������'�•���• "'�•'�'• " " " " "' .09 ........................... Limitations on Owner's Responsibilities 26 8.10 .............................. Undisclosed Hazardous Environmental Condition 8.11 Evidence of Financial Arrangements ................................................................... .............................27 ARTICLE ................... 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative ........................................................ .............................27 9.02 ............................................................................................................ Visits to Site ................................. .............................27 9.03 ............................... Project Representative ............................ 27 04 Authorized Variations in Work .QS ........................ Rejecting Defective Work ..... ............................... 27 9. 06 .................... ............... ............................... Shop Drawings, Change Orders and Payments ........................................................................ 9.07 Determinations for Unit Price Work .............................28 9.08 9.09 ......................................................................................... ............................. Decisions on Requirements of Contract Documents and Acceptability of Work 28 Limitations on Engineer's Authority and Responsibilities ...................... ............................. 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...... ............................... 10 .01 .............................................................................. Authorized Changes in the Work .............................28 .............................................................................................. Unauthorized Changes in the Work .............................28 10 10.02 .03 ................................................................................... Execution of Change Orders ............................... 29 10.04 ................................................................................... Notification to Sure Surety ................................................................................................................ ............................... 29 10.05 Claims .......... ........ .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work ................................................................................. ..... ............................... 30 11.02 Allowances ............................ ............................... 30 11.03 Unit Price Work ................................................................... 31 ARTICLE .............................31 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price .................. ........................ .............................32 12.02 Change of Contract Times .32 12.03 .................................................... .................................................... Delays ....................................................................................................................................... .............................33 ARTICLE .............................33 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE 13.01 Notice of Defects ........................ OF DEFECTIVE WORK ....... 33 13 .02 ............................... Access to Work ............................... 33 13.03 Tests and Inspections ....... 33 3.04 ............................... ....................................................................... Uncovering Work .......................... ............................... 33 13.05 ...................... ............................... Owner May Stop the Work ....................................... .............................34 ............................... ............................... Correction or Removal of Defective Work 13 13.06 .07 ................................................................................ Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work ............................. 34 13.09 .................................................................................................. Owner May Correct Defective Work ............................. 35 TICLE 14 ................... - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values ............................ ................................................. .............................35 1.4.02 Progress Payments ............... ����'�•�"" 36 14.03 Contractor's Warranty of Title 14.04 .............................................. Substantial Completion ......................... ............................... 37 ....................... ............................... EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 EJCDC C-700 Standard General Conditions o f the Construction Contract. Copyright C 2002 National S of Professional E for EJCDC- All r ights reserved. -------------- l4]l� -------------------------� �urdo/D/��uo ----------' l486 F�o//n�m«o«o--------- 14.07 _.____ Final Payment --------- _____----------------------_______----�9 ..... l4�08 �� ___----_____________ 14.09 ���urof�6c�m----- -------'------— _________30 ` Sl0�0�T�0DlIA2�DlEmxx/NaT/v^~.................................................... ---.. _______-----. 39 &l��CLEl5-SUUrEm ________-----_____________. May Suspend Wvr^-----'_____________----______________________40 .................... 15.01 Owner Cause --� l502 15.02 � 0wnor2Wbyl«rmmu�/w _____---______________ 40 15.03 Uwn«/�&�'I�rm�om}�/Conv«nmncx------. ---_______________.4\ 15 .04 � /�lTI��Bl6-Dl�yu/�'u�o"�~~~ _________---____.______ _______.___---.� l6�Ol ______---------------. 8&t6omsand /roce ______ A l�TD�LEl7-D�ISCELL}\NE»»S -------- _----------- --------- 41 17.01 Giving Notice ............ ........... -----' __---------------~—'----. -- 4) 117.02 �T��« ----- �ongnapxx/" o. --- 41 )7�O3 _________----_________ C Remedies __________. 17.04 ___________---_____________ �o��o/nf ________ 17.05 Controlling Low----------- __________---_---____________ EJCDC C-700 Standard General Conditions o f the Construction Contract. Copyright C 2002 National S of Professional E for EJCDC- All r ights reserved. GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital Ietters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement - - The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment - - The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration, 5. Bid- -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder - - The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents- -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements- -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - - A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - - A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract- -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price - - The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times- -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor - - The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work- -See Paragraph 11.0 LA for definition. 17. Drawings- -That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement - - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer- -The individual or entity named as such in the Agreement. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 32. Progress Schedule - -A schedule, prepared and 20. Field Order - -A written order issued by maintained by Contractor, describing the sequence and the Contractor's plan Engineer which requires minor changes involve a chang e Contract rice or duration of the activities comprising the Work within the Contract Times. which does not to accomplish the Contract Times. 33. Project - -The total construction of which the 21. General Requirements -- Sections of Division Work to be performed under the Contract Documents may 1 of the Specifications. The General Requirements pertain be the whole, or a part. to all sections of the Specifications. 34. Project Manual- -The bound documentary 22. Hazardous Environmental Condition- -The Petroleum, information prepared for bidding and constructing the the Project Manual, presence at the Site of Asbestos, PCBs, Radioactive Material in such Work. A listing of the contents of be bound in one or more volumes, is Hazardous Waste, or or circumstances thhatmaye a substantial in which may contained in the table(s) of contents. quantities d thereto danger to persons or property rtY expose with the Work. 35. Radioactive Material -- Source, sp ecial nucle- Energy connection Hazardous ar, or byproduct material as defined by the Atomic 2011 et seq.) as amended 23. Hazardous Waste - -The term in Section 1004 of Act o f 1954 (42 USC Section Waste shall have the meani ng provided Waste Disposal A ct (42 USC Section 6903) as from time to time. the Solid from time to time. 36. Related Entity -- An officer, director, partner, amended Laws or Regulations- employee, agent, consultant, or subcontractor. 24. Laws and Regulations; -Any and all applicable laws, rules, regulations, ordinanc- bodies, 37. Resident Project Representative - -The autho- Engineer who may be assigned to es, codes, and orders of any and all governmental jurisdiction. authorities, and courts having j rized representative of the Site or any part thereof. agencies, 25. Liens -- Charges, security interests, or funds, real property, or 38. Samples -- Physical examples of materials, that are representative of encumbrances upon Project equipment, or workmanship the Work and the the establish personal property. some portion of by which such port o 26. Milestone - -A principal event specified in the standards judged. Contract Documents relating to an intermediate comple- to Substantial Completion of all the 39. Schedule of S - -A schedule, prepared tion date or time prior maintained by Contractor, of required sub mittals and Work. by and the time requirements to support scheduled p erformance 27. Notice of Award - -The written notice that upon timely of related construction activities. Owner to the Successful Bidder stating by the Successful Bidder with the conditions 40. Schedule of Values - -A schedule, prepared the compliance listed therein, Owner will sign and deliver the an d maintained by Contractor, allocating p onions of the Wo precedent Agreement. Contract Price to various portions of Applications for Contractor's App a e to Proceed - -A written notice given by 28. Notice as the basis for reviewing Payment. Y Owner to Contractor fixing the date on which the Con- and on which 41 Shop Drawings - -All drawings, tract Times will commence form t� Work under the Contractor shall start top . informa illustrations, schedules, n e r by or for Contract Documents. which are specifically prepared assembled submitted by Contractor to illustrate some 29. Owner- -The individual or entity with wh om Contractor and portion of the Work. Contractor has entered into the Agreement and for whom indicated in the Contract the Work is to be performed. 42. Site - -Lands or areas being furnished by Owner upon which the 30. PCBs -- Polychlorinated biphenyls. Documents as Work is to be performed, including rights -of -way and i crude oil or 31. Petroleum -- Petroleum, g easements for access w hich r are des furnished by Owner gnated for the use of any fraction thereof which is liquid at standard conditions degrees Fahrenheit and Contractor. of temperature and pressure (60 per square inch absolute), such as oil, 43. Specifications- -That part of the Contract for 14.7 pounds petroleum, fuel oil, o sludge, oil il refuse, gasoline, - Hazardous Waste isting of written Documents con requi systems, and kerosene, and oil mixed with other non materials, equipment, applied to the Work, and certain and crude oils. workmanship as EJCDC C -700 Standard General Conditions of the Constru ction Contract. Engineers for EJCDC. All rights reserved. Copyright © 2002 National Society of Prof 00700 administrative requirements and procedural matters applicable thereto. 44. Subcontractor - - An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion - - The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder - - The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions - - That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - - A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities - - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work- -Work to be paid for on the basis of unit prices. 51. Work - - The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive - - A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered ", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. I• 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective I. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to and deliver said services, materials, or equipment supply specified location) ready for use to the Site (or some other sp or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall m equ ipment c omplete omplete and instal eady for intended materials, or eq p >, , i ns t a ll," "perform,,, or "pro - 4 When "furnish, install, vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well - known technical or construction industry or trade meaning are ents in accordance with such used in the Contract Docum recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies lcertificates of identified in the Supplementary Conditions, insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2,02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A The Contract Times will commence to run o n or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in su ff i cient detail during serve as the basis for progress payments performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, er procedures for handling Drawing for Payment,o and submittals, Process App lication maintaining required records. 2 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments P ms and to cmplete shall be and resubmit the schedules. No progress Y made to Contractor until acceptable schedules are submitted to Engineer. struction Contract. the thirtieth day after the Effective Date of the Agreem EJCDC C 700 Standard General Conditions of the Con CDC. All rights reserved. Copyright 0 2002 National Society of Prof00700al ngineers for EJ 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (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. sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data 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. 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 C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 1 1.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or C Ti di n o r both, a Claim may be made therefor as and any Paragraph 10.05. However, Owner and Engineer, of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited i all fees and charges all court es of engineers, architects, or attorneys, and other professionals and a sustained by y arbitration or other dispute resolution costs) Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information n ation a s dat a furnished to Owner or Engineer by Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall note h responsible for the accuracy or completeness of any or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown own or indicated or indicated, or not sh Contract hall, accuracy in the Contract Documents, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any as Work in connection therewith (except in the owner such required by Paragraph 6.16.A), identify Underground Facility and give written notice to that En ineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to adjustment feet a document such consequences. An equitable shall be made in the Contract Price or Contract Times, or to the both, to the extent that they U Facility that exist o location of any g 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. e If Owner and Contractor are unable to ago entitlement to or on the amount or extent, if any, of any such adjustment in contract Price eaoCl Claim C Times as , o w ner or Contractor may make provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction nable Contractor Engineer's judgment are necessary le to proceed with the Work. Contractor shall be ible for laying out the Work, shall pt ct mo p tun respons ents, and established reference points and property shall make no changes or relocations without the prior written approval of Owner. Contractor shall report t Engineer whenever any reference point or property m onument is l or destroyed ° tides orllocanons, and because of necessary changes in gr shal 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 Hazard hat Environmental Condition identified at the Site, if any, have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical a m against Owner Contractor or Engineer, l or u any of make any their Related Entities with respect to: owner and to Owner and Eng g ns of the Construction Contract. EJCDC C -700 Standard General Conditio Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion dram from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to payment bonds, each in an amount at least equal to the g Contract Price as security for the faithful performance and resume such Work under such special conditions, then Owner may order the portion of the Work that is in the Payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to until one year after the date when final payment becomes due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 in Paragraph 13.07, whichever is later, except provided O th e rwise by Laws or Regulations or by l Documents. Contractor furnish such other bonds as are required by the Contract 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 Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or an other additional insured) which Owner is required to purchase er and maintain. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as isllappropriate for t the 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 Work, or by anyone for whose acts a ny 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 offe se of such or indirectly related to the employment person by Contractor, or b. by an y 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 i include as additional insured (subject to any customary regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective ents, officers, directors, partners, employees, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; Work being performed and as wt p EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00 3. include completed operations insurance; 4. include contractual Iiability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supple- mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "all -risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of of any loss or damage the insurers will have no rights 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 a ny 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 oficersndirectoarrs,, partners, employees, agents, subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond he Work physical loss or damage to Owner's property or 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 ilProject or part thereof by Owner during partial pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C, Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account a ny money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non - conformance with the Contract EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved- 00700-17 Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or- Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or- equal" item or no substitution ent or permitted, other items of material or 1p ma be material or equipment of other Suppliers submitted to Engineer for review under the circumstances described below. 1. "Or- Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or- equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed s ubstitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to C tract Times and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If i Engineer's equ ip m ent proposed Y discretion d b an item of r materias l or r eq p pment p p ose 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 substitute ems of for review of p d material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and the Owner or increase in on > EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright G0 200 2 National Society of Pro essio a 19 Engineers for EJCDC. All rights reserved. C) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or- equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor 2. shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor Supplier, or other individual EJCDC C -700 Standard General Conditions of the Construction Contract. ' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 B. To the fullest extent permitted by Laws and Laws or entity except as may otherwise be required by Regulations, Contractor shall indemnify and hold and Regulations. harmless Owner and Engineer, and the officers, directors, employee sconsultants and , agents, c subcontractors of each and any of them from and against ns partners' D. Contractor shall be solely responsible for p including but no limited to all fees and charges of engineers, architects scheduling and coordinating the Work of Subcontractors, all claims, costs, losses, and damag es ( Suppliers, and other individuals or entities performing or professionals and all court or furnishing any of the Work under a direct or indirect attorneys, and other p contract with Contractor. arbitration or other dispute resolution cost) s nO or i of p or relating to any g erfo rights s the E. Contractor shall require all Subcontractors, co ri hts incident to the use in the oaeon in the Work of of the Work to communicate or resulting from the incorp Suppliers, and such other Work individuals or entities peT- pY rocess, p roduct, or device not forming or furnishing any any invention, design, p with Engineer through Contractor. specified in the Contract Documents. F. The divisions and sections of the Specifica- 6.08 Permits tions and the identifications of any Drawings shall not r ovided in the Supple - control Contractor in dividing the Work among A. Unless otherwise p a for tractors or Suppliers or delineating the Work to be mentary Conditions, Contractor shall obtain and pay performed by a ny specific trade. all construction permits and licens such permits Owner shall ass Contr in obtain actor, when necessary, all governmental G. All Work performed for Contractor by a and licenses. Contractor shall pay g overnmental Supplier will be pursuant to an appthe he time of opening charges and inspection fees necessary for the pro secuti o n Subcontractor or Supp � a pplicable at t priate agreement between Contractor and the of the Work which are app Subcontractor or Supplier which specifically binds the if there are no Bids, on th ' a pplicable terms and of Bids, or, e Effective svof Dat utility Supplier to the app the Agreement. Owner shall pay all charges Subcontractor or Supp � rovidin conditions of the Contract Documents for the b enefit 0s owners for connections for p g ermanent service p Owner and Engineer. Whenever any such agreement to the Work. with a Subcontractor or Tier who is listed as an roe insurance provided in Regulations additional insured on the property rh 6 Laws and Paragraph 5.06, the agreement between the Contractor contractor or Supplier will contain provisions A. Contractor shall gi and the Sub Supplier ve all notices r equired or ba- y Tier waives all rights and shall comply with all Laws and Regulations app whereby the Subcontractor or and all other against Owner, Contractor, and Engineer„ and other ble to the performance of the Work. Except where individuals or entities identified in the Suppleme ditional insureds otherwise expressly required by applicable Laws and e mployees, agents, Regulations, neither Owner nor Engineerliance wi Conditions to be listed as insureds or ad (and the officers, directors, partners, employ responsible for monitoring Contractor's comp consultants and subcontractors of each and any of them) any Laws or Regulations. for all losses and damages caused b y , erils ari of B. If Contractor performs any ny Work knowing or relating to, or resulting from any he p other roe to Laws or loss covered by such policies and any property rtY having reason to know that it is insurance applicable to the Work. If the insurers on any Re Regulations, Contractor shall bear all claims, costs, r ms to be signed loss but not limited to all fees such policies require separate waive ontractor will obtain g es, and damages (including architects, attorneys, and other by any Subcontractor or supplier, and charges of engineers, the same. professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Wo ary 6.07 Patent Fees and Royalties However, it shall not be Contractor's ons and all license fees and responsibility to make certain that the Sp A. Contractor shall pay Drawings are in accordance with Laws and Regulations, the use in the 0 oration in the Work but this shall not relieve Contractor of Contractor's royalties and assume at l costs incident to performance of the Work or the inc product, or device obligations under Paragraph 3.03. of any invention, design, process, hts held by C. Changes in Laws or Regulations not known at which is the subject of patent rights or cop s, product, of Bids (or, on the Effective Date of others. If a particular invention, design, p the time of opening the Agreement if there were no Bids) having an effect on or device is specified in the Contract Documents for use erformance of the Work shall be the in the performance of the Work and if to the actual the cost or time of p knowledge of Owner or Engineer its use is subject to subject of an llin adjustment in Contract Price or Co ntract on patent rights or copyrights calling for the payment of any If Owner and Contractor are unable to agree the existence of such Times. license fee or royalty to others, entitlement to or on the amount or extent, if any, of any Owner in the Contract be made therefor as rights shall be disclosed by such adjustment, a Claim may Documents. provided in Paragraph 10.05. C C -700 Standard General Conditions in the Construction Contract. EJCD Copyright ©2002 National Society of professio 21 ngineers for EJCDC. All rights reserved. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except dam age or loss attributab to the fault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 b. Data shown on the Shop Drawings dimensions, will be r omissions with respect to quantities, of ings or Specifications or to the acts o of complete d design criteria, Owner or Engineer or , or anyone employed by Y specified p erformanCe an them, or anyone for whose acts any of them may be materials, and similar data to show Engineer the services, materials, and equipment Contractor liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any proposes to provide and to enable Engineer o ineer osto Subcontractor, Supplier, or other individual or entity review the information for the limited pure b any of them). Paragraph 6.17.D. directly or indirectly employed Y required by Paragr p es and responsibilities for 2. Samples: Contractor shall also submit D. Contractor's duti royal in accor- safety and for protection of the Work s and Engineer has Samples to Engineer for review and app rk shall con ue anti such time as all the Work is co in accordance dance with the acceptable schedule of Shop Drawings and o Contractor issued a notice to Owner s am ple le submittals. with Paragraph 14. that the vi n connection a . Submit number of Samples specified in the (except as otherwise e ex expressly provided with Substantial Completion). Specifications. 6.14 Safety Representative b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, A. Contractor shall designate a qualified and the use for which intended and other data as experienced safety representative at the Site whose duties Engineer may require to enable Engineer to and responsibilities shall be the prevention of accidents s review the submittal for the limited purposes a and the maintaining and supervising of safety p Paragraph required by g h 6.17.D. and programs. B. Where a Shop Drawing or Sample is require 6.15 Hazard Communication Programs by the Contract Documents or the S t to o Su b review an related Work performed prior A. Contractor shall be responsibo d or and approval of the pertinent submittal will be at the sole data nating any e xchange of material safety p ex ense and responsibility of Contractor. other hazard communication information eee uor required among C. Submittal Procedures made available to or exchanged employers at the Site in accordance with Laws or 1 Before submitting each Shop Drawing or Regulations. Sample, Contractor shall have determined and verified. 6.16 Emergencies quantities, dimensions, a. all field measurements, q specified performance and design criteria, A. In emergencies affecting the safety h e e Site catalog tion of persons or the Work or property installation requirements, materials, numbers, and similar information with respect adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give thereto; Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, Contract Documents have been dete es that a storage, assembly, and installation pertaining to required as a result thereof. If Eng ineer the performance of the Work; o of change in the Contract Documen in response to such an the action taken by Contra e Order hange Directive or Chang c , all information relative to Contract emergency, a Work C responsibilities for means, methods, techniq ues, will be issued. sequences, and procedures of construction, and 6.17 Shop Drawings and Samples safety precautions and programs incident thereto; and A. Contractor shall submit Shop Da n ac w and Samples to Engineer for review and o approval Submittals (as d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop dance with the acceptable S . Each submittal will be Drawings and Samples and with the required by Paragraph 2.07)• identified as Engineer may require. requirements of the Work and the Contract Documents. 1. Shop Drawings or specific co pies specified in the 2. Each submittal shall bear a stamp p a. Submit number i of P written certification that Contractor has satisfied the Contract Documents General Requirements. Contractor's obligations under EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Pro essio a23 Engineers for EJCDC. All rights reserved. with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures 1. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to t Progress Schedule du ring all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorney an other professionals and all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright (D 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use negligent ach or omission only to the extent caused by any Su Tier, or any of Contractor, any Subcontractor, any pp 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 direct i ndirec t ly of the Work,or employed by any of them to Pe t a may be liable, the anyone for whose acts any 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 payab or or for Contractor or any such Subcontractor, Supplier, other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required on to carry out Contractor's responsibilities for cons dares. means, methods, techniques, sequences and p Contractor shall not be requir e law. ovide professional services in violation of app B. if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a whose siimature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other, submittals related to the Work designed or certified by such professional, if prepared ba otwhen s hall submitted s t professional's written app Engineer. C. Owner and Engineer nsha dcompleteness of the upon the adequacy, accuracy approvals performed by such services, certifications or app p provided Owner and Engineer have design professionals, specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculati one ofd des g drawings will be only for the and design criteria for conformance with pe given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design c a lc u l ations stated and design drawings) will be only for the purpose in Paragraph 6.17.D.1. for the E. the n be design p c riteria required adequacy of the p 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 thslwork; g to an Contractor prior to starting y u h other 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result o suc ot Paragraph Claim may be made therefor as p r o vide d 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Wo k with th eirs. the Contractor shall do all cutting, fitting p Work t hat may be required to properly a1 connect or ether and otherwise make its several parts come tog !•....tr�rt. properly licensud EJCDC C -700 Standard Genera( Conditions of the on Copyright G 2002 National Society of Prof E ngineers for EJCDC. All rights r 00 eserved. 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.OI.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph TOLA shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 g.og Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible esf or, or Contractor's means, methods, techniques, r sequences, procedures of construction, or the safety aup of au and ene s Contractor programs incident thereto, or for any li Co r the to comply with Laws and Regulations app performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of cons truction are set forth Owner's representative during 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 an Engineer deems necessary order professional the experienced and qualified design progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of Work. The authority and responsibilities of any such Resident Project Representative and as will be and provided in the Supplementary Condi T 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 r mploye, the d responsibilities and authority limitations thr in the such other individual or entity will be as provided Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work f the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. 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,. 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 D. When functioning as interpreter and ud e to time, order additions, deletions, or revisions in the g under this Paragraph 9.08, Engineer will not show Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 DOCUMENT 00610 Bond #MNC 55501 Performance Bond Executed in Four Copies Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable TRACTOR: (Name and Address): SURETY (Name and Address of Principal Place of Business): Merchants Bonding Company finis Fehn Gravel &Excavating, Inc. 2100 Fleur Drive Box 256 Des Moines, IA 50321 ;0 Barthel Industrial Drive rertville, MN 55301 TNER (Name and Address): y of New Hope )1 Xylon Avenue N w Hope, MN 55428 -4898 NTRACT Date: August 12, 2009 Amount: $37,370.06 Description (Name and Location): Northwood Lake West Inlet Cleaning Project City Project No. 806 )ND Bond Number MNC 55501 Date (Not earlier than Contract Date): August 12, 2009 Amount: $37,370.06 Modifications to this Bond Form: None trety and Contractor, intending to be legally bound hereby, subject to the terms printed o he r eve r se side er eof, do each use this Performance Bond to be duly executed on its behalf b its authorized officer, agent r p TRACTOR AS PRINCIPAL Company: D ennis Fenn Gravel & Excavating, Inc._ (Seal) --�L Signature: -- Name and T ary hn, President ;e is provided below for signatures of additional parties, uired.) TRACTOR AS PRINCIPAL (Seal) Company: SURETY Seal M erchants Bonding Company (Seal) Cnraty' a e and Corp -Orate 5aT' and Title: John C. ower of Attorney) By: Signature and Title: (Attach Power of Attorney) Signature: Name and Title: Attest: Signature and Title Attorney -In -Fact NO. C -610 (2002 Edition) ',ly prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associate Contractors of America and the American Institute of Architects. 00610 -1 ie Contractor and the Surety, jointly and severally, bind themselves, their , executors, administrators, successors and assigns to the Owner for the armance of the Contract, which is incorporated herein by reference. the Contractor performs the Contract, the Surety and the Contractor have no ration under this Bond, except to participate in conferences as provided in ;raph 3.1. If there is no Owner Default, the Surety's obligation under this Bond shall after: 3.1. The Owner has notified the Contractor and the Surety at the addresses ,ribed in paragraph 10 below, that the Owner is considering declaring a itractor Default and has requested and attempted to arrange a conference r the Contractor and the Surety to be held not later than fifteen days after #t of such notice to discuss methods of performing the Contract. If the ner, the Contractor and the Surety agree, the Contractor shall be allowed a ;onable 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. The Owner has declared a Contractor Default and formally minated the Contractor's right to complete the Contract. Such Contractor fault shall not be declared earlier than twenty days after the Contractor and Surety have received notice as provided in paragraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to: 1. The Surety in accordance with the terms of the Contract; 2. Another contractor selected pursuant to paragraph 4.3 to perform the Contract. When the Owner has satisfied the conditions of paragraph 3, the Surety shall mptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform I complete the Contract; or 4.2. Undertake to perform and complete the Contract itself, through its mts or through independent contractors; or 4.3. Obtain bids or negotiated proposals from qualified contractors ;eptable to the Owner for a contract for performance and completion of the ntract, arrange for a contract to be prepared for execution by the Owner and Contractor selected with the Owner's concurrence, to be secured with - formance and payment bonds executed by a qualified surety equivalent to the nds issued on the Contract, and pay to the Owner the amount of damages as >cribed in paragraph 6 in excess of the Balance of the Contract Price incurred the Owner resulting from the Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or tain a new contractor and with reasonable promptness under the cumstances; 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. If the Surety does not proceed as provided in paragraph 4 with reasonable imptness, the Surety shall be deemed to be in default on this Bond fifteen ys after receipt of an additional written notice from the Owner to the Surety `manding that the Surety perform its obligations under this Bond, and the ':vner shall be entitled to enforce any remedy available to the Owner. If the ;xety proceeds as provided in paragraph 4.4, and the Owner refuses the 'yment tendered or the Surety has denied liability, in whole or in part, without 'ther notice the Owner shall be entitled to enforce any remedy available to the 6. After the Owner has terminated the Contractor's right to complete the Contract, and if the Surety elects to act under paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective Work and completion of the Contract; 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was 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 the Owner to the Contractor under the Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other Claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. 12.2. Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. ' I vNER'S REPRESENTATIVE: SURETY AGENCY OR BROKER: mestroo Name: Klein Agency, Inc. 35 Highway 36 W Address: 3570 N. Lexington Ave., Suite 206 Paul, NIN 55113 St. Paul, MN 55126 °4- 636 -4600 Phone: 651- 484 -6461 CDC No C -610 (2002 Edition) iginally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated neral Contractors of America and the American Institute of Architects. 00610 -2 DOCUMENT 00615 I a II Bond #MNC 55501 Executed in Four Copies Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable f B ss) 14TRACTOR: (Name and Address): finis Fehn Gravel & Excavating, Inc. Box 256 '0 Barthel Industrial Drive >ertville, MN 55301 lNER (Name and Address): y of New Hope ) 1 Xylon Avenue N w Hope, MN 55428 -4898 SURETY (Name and Address of Prmcipal Place o usme Merchants Bonding Company 2100 Fleur Drive Des Moines, IA 50321 )NTRACT Date: August 12, 2009 Amount: $37,370.06 Description (Name and Location): Northwood Lake West Inlet Cleaning Project City Project No. 806 )ND Bond Number MNC 55501 Date (Not earlier than Contract Date): August 12, 2009 Amount: $37,370.06 Modifications to this Bond Form: None zrety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each use this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. TRACTOR AS PRINCIPAL Company: D ennis Fehn Gravel & Excavatin Inc_ (Seal) Signature: , t Name and Tile: Gary Fe President ;e is provided below for signatures of additional parties, uired.) TRACTOR AS PRINCIPAL (Seal) Company: Signature: Name and Title: Attest: SURETY (Seal) Merchants Bonding Com an Surety' e and Corporate By: Signa re and Title: John C. Klein, Attorney -In -Fact (Attach.,Power of Attorney) By: Signature and Title: (Attach Power of Attorney) Signature and Title NO. C -615 (2002 Edition) ety A of ly prepare enca and the American effor of t to of Architects, the Am rican� SubcontractorsoAssociation, and the Associated ttSpeialty A Contractors. ors of 00615 -1 ontractor and the Surety, jointly and severally, bind themselves, their heirs, - utors, administrators, successors and assigns to the Owner to pay for labor, erials and equipment furnished for use in the performance of the Contract, ch is incorporated herein by reference. With respect to the Owner, this obligation shall be null and void if the itractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all ms, demands, liens or suits alleging non - payment by Contractor by any son or entity who furnished labor, materials or equipment for use in the formance of the Contract, provided the Owner has promptly notified the itractor and the Surety (at the addresses described in paragraph 12) of any ms, demands, liens or suits and tendered defense of such claims, demands, is or suits to the Contractor and the Surety, and provided there is no Owner ault. With respect to Claimants, this obligation shall be null and void if the infractor promptly makes payment, directly or indirectly, for all sums due. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the >ntractor have given notice to the Surety (at the addresses described in ragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a iim is being made under this Bond and, with substantial accuracy, the amount claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to the Contractor and sent a spy, or notice thereof, to the Owner, within 90 days after having last performed oor or last furnished materials or equipment included in the claim stating, with bstantial accuracy, the amount of the claim and the name of the party to whom e materials or equipment were furnished or supplied or for whom the labor as done or performed; and 2. Have either received a rejection in whole or in part from the ontractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor had indicated the aim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a ritten notice to the Surety and sent a copy, or notice therof, to the Owner, ating that a claim is being made under this Bond and enclosing a copy of the - evious written notice furnished to the Contractor. If a notice required by a Claimant by Paragraph 4 is provided by the Owner the Contractor or to the Surety, that is sufficient compliance. When the Claimant has satisfied the conditions of Paragraph 4, the Surety all promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within <<> days after receipt of the claim, stating the amounts that are undisputed and ;e basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. The Surety's total obligation shall not exceed the amount of this Bond, and amount of this Bond shall be credited for any payments made in good faith Surety. 'S REPRESENTATIVE: 335 Highway 36 W :. Paul, MN 55113 51-636-4600 8. Amounts owed by the Owner to the Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the Work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by paragraph 4.1 or paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory 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, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a 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 the Contractor and the Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Contract or to perform and complete or comply with the other terms thereof. SURETY AGENCY OR BROKER: Name: Klein Agency, Inc. Address: 3570 N Lexington Ave., Suite 206 St. Paul, MN 55126 Phone: 651- 484 -6461 No C -615 (2002 Edition) y Association of America, Engineers Joint Contract Documents Committee, the Associated General yy prepared through the joint efforts of the Surer ors of America and the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. 00615 -2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT DATE OF "OUNTY OF On this day of , before me personally appeared to me known to be the person described in and who executed the forgoing free bond, and acknowledged that he executed the same as act and deed. Notary Public CORPORATION ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF RAMSEY On this 12 day of August 2009 , before me Gary Fehn to me known, personally came President who being by me duly sworn, did depose and say; that he is the of Dennis Fehn Gravel & Excavating, Inc. , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. RITA M. CARLSON NOTARY PUBLIC MINNESOTA �_.. NOta Public My Commission Expires Jan, 31, 2010 \ �c SURETY ACKNOWLEDGMENT STATE OF MINNESOTA COUNTY OF RAMSEY On this 12' day of August 2009 , before me appeared John C. Klein to me personally known, who, being duly sworn, did say that he is the Attorney -in -Fact of Merchants Bonding Company of Des Moines, IA that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. f � �. � Notary Public Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons These Presents, epriinciipal office in tthe Ci of Moines, County of Polk, State of I as hath made, the Taws of the State of low and having its appoint constituted and appointed, and does by these presents make, constitute and app John D. Klein, John C. Klein, Stephen M. Klein, Kristin M. Bakos St. Paul and State of Minnesota its true and lawful Attorney -in -Fact, with full power of lace and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and authority hereby conferred in its name, p the amount of: s or other written obligations in the nature thereof, subject to the limitation that any such and all bonds, undertaking instrument shall not exceed 00 TWELVE MILLION ($12,0,000.00)DOLLARS same extent as if such bond or and to bind the MERCHANT BO authorized offs e s of the MERCHANTS BONDING COMPANY (MUTUAL), and all the accts of undertaking was signed by Y said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed . Substitute This Power-of-Attorney is madeDaetl ors of the MERCHANTS BONDINGrCOMPANY (MUTUAL) Amen of the following No ember 16, 2002 Restated By Laws adopted by the Board o ARTICLE II, SE o CTIO Attorn Th en Fa r mand t the Bo them Pre exe ute n behalf of the Company, to a t ach the Sea] e ofthe authority to aapp nizances, contracts of indemnity an reco d other writings obligatory in the nature Company thereto, bonds and undertakings, 9 be affixed by facsimile thereof. ignature of any authorized officer and the Seal of the Company to any Power of Attorney Certification thereof authorizing the execution and delivery of any bond, undertaking, ARTICLE Il, SECTION 9 -The! recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BON 6th day oO (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto a • • \NG Cp�A •• MERCHANTS BONDING COMPANY (MUTUAL) :���O� i ° C I O : ' - • 6:_ 1933 BY • �7�j.. • ' `1 w • � President STATE OF IOWA COUNTY OF POLK ss. me dul sworn did say that h On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by Y foregoing instrument, and that the he is President of the MERCHANT Be Corp Se t ( MUT C L), te on and that tthe sad iin trument was signed and sealed in behalf seal affixed to the said instrum s of said Corporation by authority of its Board of Directors. affixed my Official Seal at the City of Des Moines, Iowa, the day and year first In Testimony Whereof, I have hereunto set my hand and above written. / /qq 24 10 CINDY SMYTH i2 G V Commission Number p 173504 owe My Ma r ch sc E 8 Tres Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. UAL), which is I, William Warner, oSecretary f th POWER OF- ATTORNEOYNexecuted byPsaNd ( MUTUA L) , ERCHANTS BONDING certify MPANY (MU above and foregoing of the MERCHANTS is a true and correct copy still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 12th day of August 2009 • LNG Co '• • m o ?o P 0 A� A 9y,� : .�'/,�f.��� �'��,,,�,�� . V ° I' - - o - o: Secretary • Z . • 1933 : Cz POA0001 (1/06) ••s••sse 'TY H I 'vSU i R/rIN i LE UED AS A MATTER OF INFORMATION EXTEND OR _R ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, in Agency , Inc . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. D N Lexington Ave Ste 20 6 INSURERS AFFORDING COVERAGE Paul, MN 55126 -8058 C sual Co m an 1 484 -646 In0 Eehn Gravel & Exoavating, INSURERA: ni Fir INSURER B: SFM > Dennis 5050 Barthel Industrial Drive INSURER C: PO Bo 2 55301 INSURER D: Albertville, MN INSURER E: HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. M AY BE IS STANDI O H ;RAGES WITH RESPECT TO WHICH A OF SUCH NO CONDITIONS POLICIES OF INSURANC E LISTED BELOW OTHER DOCUMENT TERM OR CONDITION OF ANY CONTRACT OR DESCRIBED HE REIN EXCLUSIONS EX ' REQUIREMENT, !PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES Y EFFECT NE OL CY EXPIRATION LIMITS MM�DDm O SHOWN MAY HAVE BEEN REDUCED BY PAID CL DATE ICIES. AGGREGATE LIMITS POLICY NUMBER MMIDDM DATE $ 000 0 EACH OCCURRENCE TYPE OF WSURANCE FIRE DAMAGE (Any one fire) $ _, 1Q 0 QD -- ;EN ERAL LIABILITY MED EXP (Any one person) $ _ 5, �- X COMMERCIAL GENERr—AL OCCUR LIABILITY 0 2 / 01 / 10 PERSONAL & INJURY $ 1 O 0 0 0 CLAIMS MADE I x ] 60 -054 350 02/01/09 GRE GENERAL AGGREGATE $ 2 OOO PRODUCTS - COMP /OP AGG $ 2 O O OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC COMBINED SINGLE LIMIT $ 1,000,000 POLICY JECT (Ea accident) AUTOMOBILE LIABILITY BODILY INJURY $ X ANY AUTO (Per person) ALL OWNED AUTOS SCHEDULED AUTOS 350 02/01/09 02/01 1 (Pe °eLccaent)R $ 60 -054 X HIRED AUTOS PROPERTY DAMAGE $ X NON -OWN ED AUTOS (Per accident) AUTO ONLY - EA ACCIDENT $ EA ACC $ OTHER THAN GARAGE LIABILITY AUTO ONLY: AG G $ ANY AUTO EACH OCCURRENCE $10 0 0 0 0 AGGREGATE $lo o00.Q EXCESS LIABILITY OCCUR El CLAIMS MADE $ 02/01/09 02/01/ $ XI 60 -054 350 $ DEDUCTIBLE WC STATU- OTH- X TO LIMITS ER -- RETENTION $ WORKERS COMPENSATION AND '^ 010 4 65.314 =, 0 2 / 01 / 0 9 0 2 / 01 / 10 E.L. EACH ACCIDENT $ 1 ;00 ( E.L. DISEASE - EA EMPLOYE $ O O ` -, EMPLOYERS' LIABILITY E.L. DISEASE - POLICY LIMIT $ OTHER Pro ect, City IPTION OF OPERATIONSlLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISP st AL PROVISION Project No. 806 fired Northwood Lake We Inlet Cleaning genera i liability City of New Hope and Bonestroo are entdatta d itiona the g reds as requ written contract per the endorsement licy. TE HOLDER ADDITIONAL INSURED; INSURER LETTER: City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AYS WRITTEN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR , BUT MAIL R _ NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, , IT S AGENTS OR SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INNSURSUR ER, T O ACORD CORPORATION 1988 25-5(7197) 5 Claims )romptly proceed with the Work involved which will be 10.0 Req uired: All Claims, conditions of the Contract A Engineer's Decision Req a h 14.09, shall be performed under the applicable rovided). p to Paragi p Documents (except as otherwise specifically p except those waived are unable to agree referred to the l be Engineer for decision. A decision by as a co ndition precedent to any B. If Owner and Contractor Engineer shat q ri hts or remedies exercise by Owner or Contractor of any q on entitlement to, or on the amount or ex C tent, if any, of an either may f such Claims. otherwise have under the Contract Documents adjustment in the Contract Price or Contract Times, or or by Laws and Regulations in respect o both, that should be allowed as a result of a Wor i Directive, a Claim may be made therefor as general p the g paragraph 10.05. B. Notice: Written notice stating y he claimant to nature of each Claim, s hall all be delivered e Contract promptly (but Engineer and the other party 10.02 Unauthorized Changes in the Work in no event later than 30 days) after the start of the event A.Contractor shall not be entitled to an increase g i v i n g rise thereto. The responsibility the sub aim. Notice ntract Claim shall rest with the party ort data in the Contract Price or an wor performed that makin is not g Claim with supporting Times with respect to any work p of the amount or extent of the E an the other party to required by the Contract Documents as amen dn�' shall be delivered t t he Eng supplemented as provided in Paragrap the Contract within 60 days after the start of such event except in the case of an emergency as provided in unless Eng ineer allows additional time for cart to modified, or of such Paragraph th or in the case of uncovering Work as submit additional or more accurate data in supp rovided in Paragraph 13.04.B. Claim). A Claim for an adjustment in C on t rac t is ions of p be prepared in accordance with the pr 10.03 Execution of Change Orders paragraph 12.01.13. A Claim for an adjustment in Time contract shall be prepared in accordance with the provisions anied A. Owner and Contractor shall execute app p ro ri- h 12.02.13. Each Claim shall be accompanied ended by Engineer covering: o f Paragraph b y claimant's written statement ate Change Orders recomm that the adjustment 1. changes in the Work which are: (i) ordered y claimed is the entir e adjustment to which the claimant b (ii) required believes it is entitled as a result t Engineer and O pursuant to Paragraph 10.01.A, O q o pposing party shall submit any because of acceptance of defective d Work Paragraph nder the claimant within 30 days after receipt of the claimant's 13. or Owner's correction ofd last submittal (unless Engineer allows additional time). h 13.09, or () agreed to by the parties; paragraph (iii) C. Engineer's Action: Engineer will review each 2. changes in the Contract Price or Contract and, within 30 days after receipt of the last Claim which are agreed to by the part ies, including any submittal of the claimant or the last submittal of the Times wh of the following actions a if any, take one undisputed sum or amount of time for Ch Directive; opposing p Party, performed in accordance with a Work Chang in writing: and 1. deny the Claim in whole or in part 3 c hanges in the Contract Price or Contract rove the Claim, or the substance of any written 2 app Times which embody pursuant to Paragraph decision rendered by Eng ineer pur such 3. notify the parties that the Engineer is unable to 10.05; provided that, in lieu of executing any such i ineer's sole discretion, it Change Order, an appeal may be taken from any resolve the Claim if, n the Eng revisions e Engineer with the p of the Contract would be inappropriate for th to do so. For decision in accordance ulations, but Documents and applicable Laws and Reg purposes of further resolution of the Claim, such notice during any such appeal, Contractor shall carry on the shall b deemed a denial. Work and adhere to the Progress Schedule as provided in D In the event that Engineer does not take action on a Claim within said 30 days, Paragraph 6.18.A. the Claim shall be 10.04 Notification to Surety deemed denied. change affecting the general E Engineer's written action under Paragraph A. If notice of any ra hs 10.05.C.3 or provisions of the Ctract 10.05.0 or denial Pursuant to Parag p scope of the Work or the p on up o n Owner and pro visions of any 10.O5.D will be final and binding Contract Price Documents (including, but not limited p is required such notice Contractor, unless Owner or Contractor invoke the b ed by Contract Times) the giving of any i ds ute resolution procedure set forth in Article 16 within bond to be given to a surety, will be Contractor's responsibility. The amount of each 30 days of such action or denial. applicable bond will be adjusted to reflect the effe ct of any such change. EJCDC C -700 Standard of Professional Engineers for EJCDC. All rights reserved. Copyright © 2002 National Society 00700 729 F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.B. 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance of the Work, and cost, less market value, of such items used but not consumed which remain the properly of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06.13), provid such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 Bement. When the of be determined as set forth in the Agreement. Order or when a resulted from causes other than the ne value of any Work covered by a Chang S or anyone Claim for an adjustment in Contract Contractor, any bntractor an of them or Price is determine Y on the basis of Cost of the Work, Contractor's fee shall be directly or indirectly employed by of them may be liable. Such h 12.01.C. for whose acts any determined as set forth in Par losses shall include set tlements ro al of Owner. No ch D. Documentation: Whenever the Cost of the written consent and app losses d expenses shall be included , damages, an Work for any purpose is to be determined p ursuant to in the Cost of the Work for the purpose of paragraphs 11.O 1.A and 11.01.B, Contractor will establis determining Contractor's fee. and maintain records thereof in accordance with generally accepted accounting practices and submit in a form lities, fuel, and sanitary g r an itemized cost breakdown g. The cost of uti acceptable to Engine data. facilities at the Site. together with supporting h. Minor expenses such as telegrams, long 1102 Allowances distance telephone calls, telephone phone cash items t h e A. It is understood that Contractor has included Site, expresses, and similar petty connection with the Work. in the Contract Price all allowances so named in the Contract Documents and shall cause the Work persons or i. The costs of premiums for all bonds and to be performed for such sums and by insurance Contractor is required by the Contract entities as may be acceptable to Owner and Engineer. Documents to purchase and maintain. B. Cash Allowances B. Costs Excluded: The term e C ost of the Work agrees that: shall not include any of the following 1. Contractor 1. Payroll costs and other compensation of a . the cash allowances include the cost to principals (of Contractor (less any applicable trade discounts) Contractor's officers, executives, equip ment required by the partnerships and sole proprietorships), general managers, of materials and eq p safety managers, engineers, architects, estimators, attor- allowances to be delivered at the Site, and al urchasing and contracting applicable taxes; and neys, auditors, accountants, ping and other agents, expediters, timekeepers, personnel employed by Contractor, whether at the Sit Or b. Contractor's costs for unloading and hand in Contractor's principal or branch office for g on the Site, labor, installation , overhead, p administration of the Work and not specifically included and other expenses contemplated for the cash e of job classifications referred allowances have been included in the Contract in the ag reed upon schedul s pecifically covered by Price and not in the allowances, and no dem to in Paragraph 11.O1.A.1 or sp of the Paragraph 11.O1.A.4> all of which are to be considered for additional payment on account of any will be valid. 2. Expenses of Contractor's principal administrative costs covered by the Contractor's fee. al and branch C. Contingency Allowance offices other than Contractor's office at the Site. 1 Contractor agrees that a contingency 3. Any part of Contractor's capital expenses, allowance, if any, is for the sole use of Owner to cover interest on Contractor's capital employed for including unanticipated costs. the Work and charges against Contractor for delinquent Change payments. D. Prior to final payment, an appropriate Engineer to Order will be issued as recommended y 4. Costs due to the negligence of Contracto loaneyd reflect actual amounts due Contractor on account of Work Subcontractor, or anyone directly or indirectly employed covered by a llowances, and the Contract Price shall be of t of hem or for whose acts any of them may be by any correspondingly adjusted. liable, including but not limited to, the correction ui equipment posal of materials or eq p 11.03 Unit Price Work defective Work, dis d making good any damage to property. A. Where the Contract Documents provide that wrongly supplied, an eneral expense costs of all or part of the Wo ill be d emed includeofor alit rice 5. Other overhead or g the Contract equal to the sum of the unit price any kind and the costs of any item not specifically and price Work an amount eq expressly included in Paragraphs 11.O1.A and 11.O 1.B. fied item of Unit Price Work for each separately identi times the estimated quantity of each item as indicated in C. Contractor's Fee: When all the Work is the Agreement. performed on the basis of cost -plus, Contractor's fee shall EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Soeiety of Pro 00 a31 ng�neers for EJCDC All rights reserved• B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.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 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.0I.A.5, and 11.0I.B; 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 12.0l.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright C. 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 by the party making the Claim to the Engineer a nd 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 adjustme w il l Article ce with the provisions of this Art c eel2�ined in accord 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other wo a s �o abnormal ed by Article 7, fires, floods, ep 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 the Contrt shall be entitled to an equitable adj both. n Contractors Price or the Contract Times , entitlement to an adjustment of the Contract Times is to conditioned on such adjustment the b Work e ssent i a l the Contractor's ability to comp 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 f to equitable adjustment in Contract Times, complete adjustment is essential to Contractor's ability to the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them shall not be liable to o Cn g tract r but not cla costs, losses, or damages ( architects, limited to all fees and charges of Engineers, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) other su stai ne d project or Contractor on or in connection with any p J anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attrib lieb shall and within the control of a Subcontractor or Contractor. ARTICLE 13 - TESTS CORRECTION, REMOVAL DEFECTIVE WORK 13.01 Notice of Defects AND INSPECTIONS; OR ACCEPTANCE OF A. Prompt notice of all defective Work o wh to Owner or E has actual knowledge wi b e g ive ected, corrected, or accepted as provided n this Artic 13. 1 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for cress a advise programs them of C p r ocedu res i t therewith as applicable. so that they may comply 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below; 2. that costs incurred in connection with te B inspections conducted pursuant to Paragraph shall be paid as provided n said Paragraph 13.04.C; and 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 arra and obtaining such inspections, tests, or approvals, Pa costs in connectin therewith, and f Engineer the required certificates of inspection or app D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be deemed to be delays within the control o ons of the Construction Contract. EJCDC C -700 Standard General Conditi Copyright ©2002 National Society of Professio 33ng�neers for EJCDC. All rights reserved. be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05, D. If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work re- moved and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications . D. Where defective Work (and damage to other Work resulting therefrom) has been a corrected te correction and replaced under this Paragraph 13 period hereunder with respect to such ear will be extended for an additional period of one y correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 1.3.07 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 ludmg but pay all claims, costs, losses, and damages not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) a ttributable to such Owner's evaluation of and determi ation to n accept as defective Work (such costs to be approved by Engineer to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant t to this sentence. If any such acceptance occurs a Change Engineer's recommendation of final payment, 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 areunable a to Claim agree as to or as amount thereof, Owner may 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 require td by Engineer in accordance with Paragraph 13.06.A, 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 p of the Work and suspend Contractor's services related there construction sion of Contractor's tools, app in equipment and machinery at the Site, and i 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, ner, owner's representatives, representatives, agents and employees, 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 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 .or s revisions be issued incorporating the necessary 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, d ry orrection,f others removal, or replacementt of damaged by 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 provide ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. ty of p ngineers for EJCDC. All rights reserved. Copyright ©2002 National Socie 0 payments and will be incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supennrise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to s uch extent as may be necessary in Engineer's opinion to p rotect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Change Orders; c. Owner has been er Work i to n a� def Work or comp acco rdance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or furnish ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor to secure the specific bond satis t satisfaction and discharge of such Liens; C. there against the amount recommended; to a set -off ag me d d; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.13 .5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full D. At the time of delivery of E g amount recommended by Engineer, Owner will give certificate of Substantial Completion, Contractor immediate written notice (with a copy to deliver to Owner and Contractor a written recommen am ount remaining after deduction of dation as to division of responsibilities pending final Engineer) stating the reasons for such action and promptly payment between Owner and Contractor with respect to pay Contractor any amo and protection of the Work, the amount so withheld. Owner shall pro ad tustment security, operation, safety, Contractor the amount so withheld, or any a djustment maintenance, heat, utilities, insurance, and warranties and thereto agreed to by Owner and Contractor, guarantees. Unless Owner and Contractor agree otherwise in in writing and so inform Engineer in writing prior Contractor corrects to .Owner's satisfaction the reasons for such action. Engineer's issuing the definitive certificate of Substantial EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Pro essiO a for EJCDC. All rights reserved. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I - 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title y any to all Work, materials, anavhether1inco c orated the Application for Payment, 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 ready for its intended use Contractor shall notify and Engineer in writing that the entire Work is substantially complete (except for items specifically l 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 Completion. There shall be atta � date of Substantial the certificate a tentative lisnten� i to Shall he leted or seven corrected before final pay which days after receipt of the tentative certificate during whh to make written objection to Engineer as to any provis such of the certificate or attached list. If, after considering 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, Engin c onsiders within the Work substantially complete said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Comp changes (with revised tentative list of it from the tentative certificate ed) reflecting such as Engineer believes justified after consideration of any objections from Owner. 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 a such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of Part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in w hich this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.7; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright V 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing t Egi Engineer's reco mmendation of payment and present 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 necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying docu- mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated to damages, will become due and, will be aid by Owner Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final if completion of the Work is significantly on yed, and f Engineer so confirms, Owner shall, up 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 feted of be held by Owner for Work not fully comp corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as require e in Paragraph 5.01, the written consent of the surety o payment of the balance due for that portion of the Work fully completed and accepted shall be t on for d s by Contractor to Engineer with the App a 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 special the Contract Documents or the terms of an y p 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, directly attributable suspension Contractor Claim therefor such ss p f s u provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents is (including, but not limited to, failure to supply 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 after Paragraph 15.02.A occur, Owner may, after g g 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 at the appliances, construction equipment, and machinery 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional 3 Enineers for EJCDC. All rights reserved. 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13, and 15,02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; /-. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and bindin The d' EJCDC C -700 Standard General Conditions of the Construction Contract. g me lation will be Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 governed by the Construction Industry Mediation Rules of the American Arbitration Association in of effect as of for Effective Date of the Agreement. mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the or mediation unless, within that time period, 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 for member of the firm or to an officer of the core whom it is intended, or 2. delivered at or r the lasbbusi registered s address known mail, postage prepaid, to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by anL or by Re other tions, by special warranty or guar provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in and remedy with each particular duty, obligation, right, which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract ocu ments, will survive final payment, com pletion, 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 G 2002 National Society of pro essio a41 Engineers for EJCDC. All rights reserved. DOCUMENT 00800 SUPPLEMENTARY CONDITIONS lementary Conditions amend or supplement the Standard General ons of d t do Con of act act (No. C -700, These Supp 2002 Edition) and oth P lemented Construction Contr Documents as indicated below. All provisions which are not so amended or Supp remain in full force and effect. lementary Conditions have the meanings stated i the General The terms used in these Supp C have the meanings stated Conditions. Additional terms us n the s ngular plural thereof . below, which are applicable t o ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC- 1.01.A45 Add the following language at the end of the definition: The Work is considered Substantially Complete when the following have been completed: Cable concrete block access Sediment Excavation Seeding SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: orm. This erative G. The Specifications are written in imp mood streamlined noted o therwise. The words imperative language is directed to the Contractor, unles used w sentences or phrases. "shall be" are included by inference where a colon (:) ARTICLE 2 - PRELIMINARY MATTERS SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and inserting the word "five." SUPPLEMENTARY CONDITIONS 000034 - 0618 -1 00800 -1 © 2009 Bonestroo ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS, REFERENCE POINTS SC -4.02 Delete 4.02.A and 4.02.13 in their entirety and insert the following: A. No reports of explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner or Engineer. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C -610 and C -615 (2002 Edition) or a similar bond form if approved by Owner. SC- 5.03.B Delete Paragraph 5.03.13 in its entirety and insert the following: B. Failure of Owner to demand such certificates or other evidence of full compliance with these insurance requirements or failure of Owner to identify a deficiency from evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. C. By .requiring such insurance and insurance limits herein, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.13: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation Insurance Coverage A - Statutory Coverage B - $500,000 Each Accident $500,000 Disease - Policy Limit $500,000 Disease - Each Employee 2. Commercial General Liability $1,000,000 General Aggregate $1,000,000 Products /Completed Operations Aggregate $1,000,000 Each Occurrence $1,000,000 Personal Injury 000034 - 06183 -1 © 2009 Bonestroo 00800 -2 SUPPLEMENTARY CONDITIONS 3. Comprehensive Automobile Liability $1,000,000 Combined Single ow owned, n on -owned, property damage. Al Hired vehicles. 4. Umbrella Excess Liability $1,000,000 Each Occurrence $1,000,000 Aggregate Umbrella excess liability shall be a combined single unit which shall h nsi excess liability insurance over Commercial Gen Automobile Liability, and Employers Liability. 5. The following persons or entities shall be included as additional nd red Umbrella Commercial Liability, Comprehensive Automobile Liability, Excess Liability. This coverage shall be primary and noncontributory: Owner. Engineer. SC- 5.06.A Amend the first sentence of Paragraph 5.06.A to read: m period a A. Contractor shall purchase and maintain unt of the full replacement construction the entire Builders Risk Property Insurance Policy the amount the rovisions of Paragraph 5.06.A1 p Work at the Site. The insurance policy shall comp 1 y app t this insurance and through 5.06.A7. A minimum deductible o f ha be born by Contractor, subcontractor, or others the risk of loss of the applicable deductible suffering such loss. In addition, the provisions of Paragraphs e d insureds as their interest may w the exception that Contractor shall act as fiduciary for t appear and adjust the loss with the insurance company. SC- 5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving buildings only. The requiring, this rove s Section men a construction of structures and and similar on projects involving only underground utilities, grading, s c onstruction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. SUPPLEMENTARY CONDITIONS 000034 - 0618 -1 00800 -3 © 2009 Bonestroo ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraph immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1 -1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. SC- 6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 1." SC- 6.19.A Delete the words "representation of in the second sentence. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC- 10.05.13 Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC- 14.02.B5 Add the following new item immediately after Item 14.02.B5d: e• Contractor's failure to make acceptable submittals in accordance with the accepted schedules. 000034-06183-1 © 2009 Bonestroo 00800 -4 SUPPLEMENTARY CONDITIONS ARTICLE 16 - DISPUTE RESOLUTION in its lace: SC -16.01 Delete Paragraph 16.0 1.0 re its entirety and insert the following p under C. If the claim is not resolved by mediation, Engineers action Paragraph 10.05.0 ation of the mediation, unless wit or a denial pursuant to Paragraphs 10.OS.C3 ° that time shall become period Owner and binding 30 days after termin Contractor: pursuant to 1. elects in writing to demand arbitration of the claim, p Paragraph SC- 16.02, or submit the claim to another dispute 2_ agrees with the other party to resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: SC -16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Docut nc t of F nal b reach Payment as s provided for claims which have been waived by the making or accep si of .0g including but not limited to those not resolved un accord n e by Paragraph 14 ), ar bitra tion Paragraphs SC-1 and 16.01.13, will be decided by Construction Industry Dispute Resolutions Procedures of the Am er i can is Paragraph tSC- 602 A s then n ns o effect subject to the conditions and limitations rb other agreement or consent to a rbit r ate itrate and any e agreement to a jurisdiction. ed into will be specifically enforceable under the prevalhng law of any court having her art to the B. The demand for arbitration wil arbitration �providergand a l be sent to with tcopy will Contract and with the selected arbitrator or arty Engineer for information. The demand for arbitration will ihn a reasonable in the 30 day time after the claim specified in Paragraph SC- 16.01.0 and in all u soon has arisen, and in no event shall any such or counterclaim, dispute, or other matter n q on such be made after the date when institution of legal or e e i d le rthee ding able base t t e of demand question would be claim or other dispute or matter m q limitations. No arbitration arising out of or relating to the r C individual or entity C. N entity (including other manner any other m by consolidation, joinder, or n any artners, agents, employees, or Engineer, Engineer's consultants and the officers s Contract, unless: consultants of any of them) who is not a party 1, the reclusion of such other in dividual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and SUPPLEMENTARY CONDITIONS 000034 - 061 -1 00800 -5 © 2009 Bonestroo 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC- 16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: SC -16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC- 16.01.A and 16.01.13, but not including any claim in excess of $100,000, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect, subject to the conditions and limitations of this Paragraph SC- 16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 day period specified in Paragraph SC- 16.0l.C, and in all other cases within a reasonable time after the claim 000034 - 06183 -1 O 2009 Bonestroo 00800 -6 SUPPLEMENTARY CONDITIONS dispute, or other matter in question has arisen, and in no event shall any such or counterclaim, p a pplicable statue of be made after the date when institution of legal or b reed le proceedings s based on suc demand question would be claim or other dispute or matter in q limitations. C. No arbitration arising out of or relating to the Contract Documents shall include ' tion oinder, or in any other manner any other inartnesaagentstemP employees, °� by co nsolidation, J Engineer and Engineer's consult s a party to off directo his C unless: consultants of any of them) w ho 1 in inclusions of such other individual or en es � n part co to relief is to be afforded among those w a arbitration; and or entity is substantially involved in a question of 2 such other individual already parties to the law or fact which is common such pro arbitration and which will arise t of e award rendered by the arbitrators) shall be consist the award; e (ii) rea written a D. Th concise breakdown o the parties in writing and include: (i) p deemed explanation of the award specificallawar c iti n g the Contract Documents applicable and relied on in making the final. Judgment may The award will be be entered upon it in any court having E. ' appeal, subject to provisions of jurisdiction thereof and it will not be subject to modification r award. the Controlling Law relating to vacating or modifying service shall be shared F The fees and expenses of the arbitrators and any arbitration equally by Owner and Contractor. entirety and insert the following in its place: SC-16.01 Delete Paragraph 16.01.0 in its C. If the claim is not resolved by mediation, Engineer's action under Paragraphs 10 Paragraph 10.05.0 wit or a denial pursuant to .O5.C3 ° sha in hat time per od owner and binding 30 days after termination of the mediation, unless Contractor: 1 gives to the other party written notice of intent to submit the claim to a court of competent jurisdiction, or 2 agrees with the other party to submit the claim to another dispute resolution process. SUPPLEMENTARY CONDITIONS 000034 - 061 -1 00800 -7 © 2009 Bonestr00 SC- 16.01.D Add the following new paragraph immediately after Paragraph SC- 16.01.C: D. Notwithstanding any applicable statue of limitations, a party giving notice under Paragraph SC- 16.01.C1 shall commence an action on the claim within 1 year of giving such notice and within the period of any applicable statute of limitation or repose. Failure to do so shall result in the claim being time - barred and Engineer's action or denial shall become final and binding. END OF DOCUMENT 000034-06183-1 © 2009 Bonestroo 00800 -8 SUPPLEMENTARY CONDITIONS SECTION 01100 SUMMARY PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WOE Project Name: Northwood Lake West Inlet Cleaning for the City of New Hope, A. Project City Project No. 806 Project consists of sediment excavation, shoreline Pro B. Description of Work: j improvements and cable concrete access road construction in the City of New Hope. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES ges, if any, are set forth in the Agreement. A. Provisions for liquidated dama 1.05 WORK RESTRICTIONS A. Use of Site: I Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are to be coordinated with the field engineer. Contractor responsible for snow removal a dd disposal owner's 2' working pace during property if necessary to maintain access construction. Kee existing driveways and entrances clear and available to the public and 3. P to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. sUMMARY 000034 - 061 -1 01100 -1 C 2009 Bonestroo B. Access to Site: 1. Access to the site shall be from Jordan Avenue. C. Other Work at Site: 1. Relocation of the guy wire indicated on the Drawings is anticipated. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06183 -1 G 2009 Bonestroo 01100 -2 SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES d and procedural requirements for pricing of Work and request for A. A payment procedures. 1.02 BID UNIT PRICES assist Engineer in dedetermining actual quantities of Bid Unit price A. P rovide access and work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material ereb is paid es on a B id Unit Price basis than is requ Wast d will be deducted from the final measurement for to be wasted, the quantity that Bid Item. 1.03 PAYMENT PROCEDURES S 1 preliminary copy of progress payment application for review, consistent with A Su p lication for onditions. Submit 4 signed copies of App Article 14 of the General C payment to Engineer. documentation, in addition to the requirements of B Attach the following su General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01330. PART 2 PRODUCTS Not Used. PRICE AND PAYMENT PROCEDURES 000034 - 0618 -1 01200 -1 © 2009 Bonestroo PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06183-1 © 2009 Bonestroo 01200 -2 PRICE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 UTILITIES Gopher State One Call before starting construction in a given area requesting A. N P utility locates in the Site. o' ect Utility Sources: Coordinate Work with the following utility owners. The B. Project following utilities are known to be on the Site and are shown on the Drawings in a general way: I Water: Owner. 2. Sanitary Sewer: Owner. 3, Storm Sewer: Owner. dahl; 763- 493 -1670, fax: 763 - 493 -1 4. Electric: Xcel Energy, Greg Plume 5. Gas: CenterPoint Energy, Alla Denisova; 612 -321 -5077, fax: 612 -321 -5 6, Telephone: Qwest, Christy Allgood; 612 -381 -5 Cable TV: Comcast, Doug Zahn; 651- 493 -5316, fax: 651- 493 -51 7. C. Owner requires 48 -hour notice for a ll utility interruptions. s is shown on the private utility information obtained from utility owners/opartO r re d. The location of D. Pry Drawings in a general way. The location of utilities in no t g a utilities and coordination during construction is the responsibility System, will be the responsibility Final locations of all utilities, per Gopher State On of the Contractor. All costs associated with private utility coordination shall be incidental to the total Work of the Project. LD as defined by ASCE Standards. Information provided is of Quality Level D (Q ) tilit information shown on the Drawings is based on this QLD information and have U y not been verified with a field survey. 1.03 PERMITS PROJECT MANAGEMENT AND COORDINATION 000034 - 0618 -1 01310 -1 CcT 2009 Bonestroo A. Apply for, obtain, and comply with all 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, 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, sites, and prepare the agenda for the meetings. 3. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference: 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330. C. Progress Meeting Procedures: 1. Engineer may schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. PART 2 PRODUCTS Not Used. 000034-06183-1 PROTECT MANAGEMENT ©2009 Bonestroo 01310 -2 AND COORDINATION 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 PROJECT MANAGEMENT AND COORDINATION 000034 - 0618 -1 01310 -3 ;c. 2009 Bonestr00 SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES iements for submittals during the course of construction. A. General procedures and requr 1.02 SEQUENCING AND SCHEDULING with the Contractor's schedule of shop drawings. A. Schedule submittals consistent PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE Submit preliminary schedule and progress schedule consistent with the General A. p Conditions. Prepare schedules showing overall sequence of construction. Organize the schedule B. p by work activity. Identify separate stages of each work activity: 1 List work items in chronological sequence. Show beginning and completion . Include all activities with an estimated duration of 1 dates of each activity day or longer. 2. Format schedule as a horizontal bar chart. activity or trade. 3 • Provide space for revisions and notations. 4 Identify interrelations between activities. Provide separate bars for each preparation of submittals by Contractor, 5. Include estimated times for p re p of submittals b fOwner, n efabrication, cblantup elivery, processing and review installation, testing, start-up, instruction o 000034 - 0618 -1 01330 - 1 G 2009 B- estrOO SUBMITTAL PROCEDURES C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -1/2 inch by 11 inch Paper outlining 24 -hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -1/2 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of 3 copies of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names Of Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. in Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. 00 0034 - 06183 -1 © 2009 Bonestroo 01330 -2 SUBMITTAL PROCEDURES E Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: Appear that items covered by the submittal will, after « I Approved" — App installation or incorporation into the h the des gn to the concept C the Documents and appears to be compatib completed Project as a functioning whole as indicated by the Contract Documents. 2 "Approve as Noted" — Appears that items covered by the submittal will after installation or incorporation into the Work the deosigntcconcep o of the Documents and appears to be compatible completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation oration into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a fiznctioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in Paragraph 6.17.E of the General Conditions. 4 "Rejected" — Work covered by the su bmittal � allationportinccorporation into items covered by the submittal will not, after s an d w ill not be compatible the Work, conform to the Contract Documents functioning hole as with the design concept of the completed p a a to the indicated by the Contract Docume nts. Co Tar h 6 17.E of the m Gene al resu bmittal procedures described m Paragraph Conditions. 3.04 3.05 3.06 Engineer will return reviewed submittals to expedite return U.S. delivery, F. er to e Contractor shall g delivery. If Contractor wants Enginexpe ite re Plus 15-percent mark -up. notify Engineer in writing and reimburse Owner for delivery p p TEST REPORTS Submit 3 copies of all inspections, tests, and approvals required in the Specification. IA MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. MEASUREMENT AND PAYMENT SUBMITTAL PROCEDURES 000034 - 0618 -1 01330 -3 2009 B- estr00 A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06183-1 © 2009 Bonestroo 01330 -4 SUBMITTAL PROCEDURES SECTION 01400 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. ,sure and report the quality and performance of the Work. C. Procedures to me 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota for Construction, Specifications, such reference shall mean Standar Specification visions and supp lements. The 2005 Edition (MnDOT Spec.) and all subsequent re word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 SUBMITTALS Work, submit testing laboratory name for various specified tests for A. Prior to start of approval by Engineer. B. 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 nts of Article 13 of the General Conditions, except as A. Conform to the requireme modified herein. Engineer 48 hours prior to expected time for operations requiring tests and Notify �' inspections. QUALITY REQUIREMENTS 000034 - 0618 -1 01400 -1 C) 2009 Boriestr00 C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification ofproduct and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.07 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor inperformance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.08 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 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 ofsurfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS 000034 - 06183 -1 CD 2009 Bonestroo 01400 -2 QUALITY REQUIREMENTS 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 QUALITY REQUIREMENTS 000034 - 061 -1 01400 -3 0 2009 Bonestroo SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES Temporary utilities and miscellaneous temporary facilities required during A. p construction. 1.02 REFERENCES A. Mi Department of Transportation "Standard Specifications for Construction," 2005 Edition (MriDOT Spec.). The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including B Traffic Control Zone Layouts — Latest edition. the Field Manual on Temporary C Minnesota Department of Transportation Traffic Engineering Manual. 1.03 SUBMITTALS information: A. Construction Staging Plan: Plan shall include the following I. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan: Plan shall include the following information: I Haul and access routes- 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. TEMPORARY CONTROLS 000034 - 06183 -1 01500 -1 U 2009 Bonestroo PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction: Obtain water for construction from Owner at a hydrant. Obtain a meter and backilow preventor assembly from Owner. Return to Owner at completion. 3.03 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. 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. 3.04 TEMPORARY CONSTRUCTION A. Pumping and Dewatering: Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater 000034-06183-1 TEMPORARY FACILITIES 0 2009 Bonestroo 01500 -2 AND CONTROLS from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.05 TRAFFIC CONTROL A. General: 1. The Contractor shall provide and maintain all traffi lan. All traffic control truction accordance with the a ct measures shall conform to MNNTCD. devices and other p ro The Contractor will not be permitted to park vehi ill not t allowed obstruc a tra control device. The parking e 2 ofworkers vehicles Project limits, unless so approved by the Engineer The Contractor will not be permitted to store mat e Eri �° ee r Ipmater als or within 3 roved by g 30 feet of through traffic, unless approved through traffic, the Contractor equipment must be stored within 30 feetd b the Engineer, to warn and shall provide barricades or barriers, as direct Y protect traffic. 4. The Contractor shall conduct his work in a manner which aa e� ac cess y all properties within and adjacent to the project by fire, police, vehicles. 5. The Contractor is responsible to maintain a ll unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B, Construction Staging Plan: ing the approval of the Contract, the Contractor shall Within 10 days follow 1 g and a Traffic provide the Engineer with a Construction Staging Plan Management Plan. T est alterations to The shall effect the following con ditions: the plans. These plan a. The Contractor shall provide a method of protecting traffic from open excavation areas. b Minimum through -lane lane widths of 10 feet will be maintained at all tunes. C 2 -way traffic (1 lane in each direction) will be maintained at all times. d_ The Contractor may request changes to the Construction Staging Pan TEMPORARY FACILITIES AND CONTROLS 000034 - 06183 -1 01500-3 C? 2009 Bonestroo at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences at all times f. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance ofthe construction limits on all intersecting roads and streets. g. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. h. Contractor shall remove traffic control devices at the conclusion ofthe Work. C. Vehicle Warning Light: 1. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. C. Flashing Strobe Lights - SAE Specification J1318. D. Traffic Control Devices: 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MWTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual Flagpersons are required to protect construction vehicles during unloading of construction materials. 3. Furnish names, addresses, and phone numbers of at least 3 individuals 000034 - 06183 -1 TEMPORARY FACILITIES O 2009 Bonestroo 01500 -4 AND CONTROLS res p onsible for the placement and maintenance 4 hours per cont rol de vice s per least 1 of these individuals shall be on call week during the time any traffic control devices furnished and installed by the Contractor are in place. the usage of Res and to any request from the Engineer to improve or 1 hour of the time of 4. p traffic control devices on or related to this Project notification. Kee all traffic control signs and devices in a legi s deposited on any l dev ce 5. p rime and include but not be limited to removing g Engineer. by traffic, natural causes, or when requested by g 1• E Failure to Complete The Work on Time: 1. The Contractor will be subject to an hourly charge each incident, t will be traffic control devices. Non - compliance charges, for p ortion thereof with assessed at a rate of dete 0 rmines that the Contractor has has not complied. which the Engineer 2 The Contractor will ti subject to an eo�t echarge f s unless authorized by temporary lane restrictions within the p the Engineer. Non - compliance charges, for ea ortio dt with which the rate of $500 per hour for each hour or any p Engineer determines that the Contractor has not complied TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers: . covers, enclosures, markers, and barriers as necessary to l Provide temporary protect Work. Damage to the Site caused by removal of temporary fencing, including 2 Contractor. During removal at no postholes, shall be promptly repaired by time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. 3.07 MEASUREMENT AND PAYMENT TEMPORARY FACILITIES AND CONTROLS 000034 - 06183 -1 01 500 -5 © 2009 Bonestroo A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid: 1. Partial payment of the Lump Sum. Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned — 25 70 Percent of original contract amount earned — 50 90 Percent of original contract amount earned — 100 100 B. A Bid Item has not been provided for Dewatering. Dewatering shall be considered incidental to the Project. C. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum: 1. This shall be considered payment in full for all labor, equipment, and materials associated with the required traffic control devices for the entire Project. 2. This Bid Item shall include but not be limited to furnishing, installing, and relocating the traffic control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: 3. Partial payment of the Lump Sum 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 000034-06183-1 TEMPORARY FACILITIES V 2009 Bonestroo 01500 -6 AND CONTROLS TRAFFIC CONTROL CHECKLIST How Many? ITEM 1. Are any devices missing? Do any devices need repair? Were all replaced or repaired? 2. Are any lights (flashers, etc) not functioning? Were they all replaced or repaired 3. Are any devices improperly placed? Were all positions corrected? 4. Do any devices need cleaning? Where all devices cleaned? DDITIONAL COMMENTS: The above check was completed by on: (date) ❑ Yes ❑ No ® Yes ❑ No ❑ Yes ❑ No at: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ Yes ■ • ■ • ❑ Yes ❑ Yes ■ • (time) (name / title) _ OAM ❑PM SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES Mana ing stormwater runoff and other Project related water discharges to Minimize A. g sediment pollution during construction. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1.04 SUBMITTALS A. Contractor Prepared Schedules and Plans: 1 Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E: a , Submitted when requested by the Engineer. r operations b Site plans prepared by Contractor will indicate Ch t e of sta nd erosion and sediment control measures, and a s completion times. B. Certification and Sampling: 1 Furnish a manufacturer's cert ification stating that the material supplied conforms to the requirements of this Section. The e e i certification ii s a proper sr have atta typical results o hed sts representative of the materials supp 1.05 QUALITY ASSURANCE 000034- 061 -1 © 2009 Bonestroo 01570 -1 TEMPORARY EROSION AND SEDIMENT CONTROL A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. A. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall obtained through the University of Minnesota Erosion Control Inspector /Installer Certification program, or approved equal. 1.06 PERMITS A. Project does not disturb 1 or more acres of total land area and is not part of a larger common plan of development or sale that will ultimately disturb 1 or more acres. Submission of the application for the MPCA's General Stormwater Permit for Construction Activity is not required. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the Work. Supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. E. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor: 1. When the Contractor fails to conduct the quality control program, does not conduct the inspection required, or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 000034-06183-1 TEMPORARY EROSION AND 0 2009 Bonestroo 01570 -2 SEDIMENT CONTROL The Contractor shall respond within 24 hours V o sufficient r e s bject to personnel 2. equipment, materials, and conduct the r equired $2,000 per calendar day deduction for noncompliance. F. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Heavy duty. eotextile, and B. Wire Backed Silt Fence: Consists of wire mesh backing, posts, g fasteners assembled on Site: 1.26 lbs per lineal foot and 5 feet long. 1, Posts: Steel T -post with welded plate, 24 inch embedment. Post spacing shall not exceed 8 feet by 36 inches minimum width, 2. Geotextile: Woven, either monofilament . 200 to 70 sieve, and 100 lbs UV stabilized, with apparent opening minimum grab tensile strength. um width of 30 inches, maximum mesh opening of 6 3 Wire mesh: minim e wire. inches, and minimum 14 -1/2 gauge Fasten eotextile and wire mesh to the posts with a minimum of 4 plastic zip 4. g ties of 50 -lbs tensile strength. 2.02 TEMPORARY ROCK CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and following: 1 2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type IV. 3 Minimum Thickness of Rock Placed: 6 inches. 2 EROSION CONTROL BLANKET A. Conform to Section 02920. 2.04 STORM DRAIN INLET PROTECTION TEMPORARY EROSION AND SEDIMENT CONTROL 000034 - 061 -1 01570 -3 G 2009 13- estr00 A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. 2.05 TEMPORARY SEED A. Conform to Section 02920. 2.06 DEWATERING SEDIMENT CAPTURE A. General — Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation 2. Maintain and preserve riparian and naturally vegetated buffer strips (10 feet minimum distance) along water courses. 3.02 INSTALLATION 000034-06183-1 TEMPORARY EROSION AND C0 2009 Bonestroo 01570 -4 SEDIMENT CONTROL General Install temporary stormwater management shown n the Drawings. A. G ical sections, and elevations conformance with the details, typ B The location of temporary stormwater and sediment control devices maybe adjusted from that shown on the Drawings to accommodate actual field conditions an increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.3C: D r a wing s using the machine sliced 1, Install in the locatio u nless s t se by the Engineer. installation method, e ate, laced along the base of the 2 Use additional measures, such eotextileg�� t be trenched in, i.e. tree roots, silt fence where the silt fence g frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: c omer areas a. Supplement the perimeter silt fence a tio m re than locat i 100 fee of silt where sediment deposition will occur fence shall be installed per 1/4 acre of drainage. b. Break up flow p along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. D. Temporary Construction Entrance: 1. Install at locations shown on the Drawings. 2 Construct construction entrance before grading begins on the Site. Ins ect construction entrance daily for mud accumulation to minimize vehicle 3 p hive rock or wood tracking of sediment onto public roadways. Remove fug mulch from adjacent roadways daily. E. Erosion Control Blanket: Conform to Section 02920. TEMPORARY S EDIMENT O CONTRO D 000034 - 061 -1 01570-5 G 2009 Bonestr00 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M and as follows: 1. Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non - functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding /mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re- established several times throughout the duration of the Work. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 1. If an erosion control device has been reduced in capacity by 30 percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 000034-06183-1 TEMPORARY EROSION AND 0 2009 Bonestroo 01570 -6 SEDIMENT CONTROL Measurement will be based upon the units as listed be sur B will be made of a n B. ement y abandoned, or salvaged complete as specified. No mea the removals that are not required. The actual quanti ll for and c b y he appropriate Sid Unit Price will be compensatnW� bmade upon installation and 20 following Bid Items. 80 percent partial paymen percent payment will be made upon removal and restoration: I , Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 2. Protection of Catch Basin, Street: Measurement will be by each. 3. Temporary Rock Construction Entrance: Measurement will be by each installed. 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 TEMPORARY EROSION AND SEDIMENT CONTROL 000034 - 0618 -1 01570-7 2009 Bonesuoo SECTION 01700 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES Requirements for overall execution of the Work and closeout of the Contract for Final A. q Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 Sections: 1. Written Notification of Substantial Completion s of c F al Certificate Completion, Substantial Completion, Written Notificat ion g uarantees, Bonds, Maintenance Manuals, instructions, schedules, warranties, certificates, certificates of inspection, and other documents. including accom documentation 2. Final Application for Payment, IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION Acceptance of Conditions: By commencing W Contractor Work- acceptance of the adjacent work as satisfactory to receive q Existing Conditions: Before commencing Work, inspect Work completed by others that is adjacent to Work. If adjacent conditions n of Work, Contractor will not commence Work until the conditions are corrected A. B. C. Inspect each product immediately prior to installation. from Site. Remove damaged products 3.02 GENERAL INSTALLATION REQUIREMENTS EXECUTION REQUIREMENTS 000034 - 0618 -1 01700 -1 C 2009 Bonestroo A. Comply with the manufacturer's instructions for installation ofmanufacturedproducts to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. 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. 3.03 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 Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. B. Clean and perform maintenance as frequently as necessary throughout construction period. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. E. Existing construction designated by the Contract Documents to remain that is 0 00034-06183-1 © 2009 Bonestroo 01700 -2 EXECUTION REQUIREMENTS as a result of loosened, cracked, or otherwise damaged or defaced ti the udse repair Intended and shall be Work by the Contractor wthe be Contractor removed and replaced by unsuitable fo 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 all U on completion of the Project and prior to Final Paym R e evenue Revised Form d IC A. p subcontractors shall complete Minnesota Department o 134. This form, Affidavit for Obtaining Final Settlemen Con to it signed Stat a p Minnesota and any of its political or Governmental Sub di Department of Revenue representative and forwarded to the O� f Revenues Forms form can b o by writing to the Minneso 1173 or by calling (651) 296 -4444. Section, Mail Station 1173, St. Paul, MN 3.07 MEASUREMENT AND PAYMENT A. M Bid Item has been provided for Street Sweeper with pick up Broom with Operator. Measurement will be by the units of hours. B. All other Work and costs of this Section shallbe incidental to the project and included in the TOTAL BASE BID. END OF SECTION EXECUTION REQUIREMENTS 000034 - 061 -1 01700 -3 C, 2009 Bonestroo SECTION 02225 REMOVALS pART 1 GENERAL 1.01 SECTION INCLUDES c o mp fete or partial removal and disposal or salvage of at grade, above grade, and A. P below grade structures and nuscellaneous items. 1.02 RELATED SECTIONS A. Section 02230 — Site Clearing. B. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1.04 DEFINITIONS eliminate from the Site by any method selected by the A. Remove: To take a way or disposal of material. Contractor, including p B item Salvage: To dismantle, disassemble, or remove carefully c i out damag to sot the exist g can be re- assembled, replaced, or reused u1 a workable before removal. , or close off and structures so that no settlement or C Abandon: To fill, bulkhead flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: P 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2 Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING REMOVALS 000034 - 061 -1 02225 -1 Co 2009 Bonestro0 A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets or driveways. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 02315. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 3.03 PROTECTION 000034-06183-1 C2009 Bonestroo 02225 -2 REMOVALS A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work- B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C Approved barriers or warning signs shall be provided as necessary. Provide and maintain temporary protection of existing structures designated to remain D. Provide connections made, materials handled, or where removal work is being equipment moved. ls in E. Do not close or obstruct walkways or roadways. Do not sto with minimum traffic passageways or other means of egress. Conduct Operations interference. F. Take reasonable precautions to limit damage to existing turf by removals shall not be G. Holes or depressions created left uitably for arked, or c Any hole within 10 feet of sidewalks shall be fill, , immediately. H. A void disturbance to any material beyond the limits required for new construction. 3.04 REMOVE SECTIONS OF EXISTING PIPE A. pipes to be removed in their entirety and disposed of off site at a location designated by the Contractor. 3.05 SALVAGE AND REINSTALL A. Signs: l , traffic sign or street sign be re moved or disturbed by In no case shall a to Engineer and then only Contractor without prior notification being given nts have been made for a temporary installation or after satisfactory arrangeme its disposition: a . Street identification signage shall be maintained System. times due to its importance to the 911 Emergency Response 2. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. 3. Exercise reasonable care against damage to in -place signs during storage and installation. REMOVALS 000034 - 0618 -1 02225 -3 © 2009 Bonestr00 4. Remove signs damaged during construction and replace with new signs. 3.06 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.07 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. 3.08 MEASUREMENT AND PAYMENT A. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. B. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: Remove Pipe: Per lineal foot of the type specified, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. 2. Remove Flared End Section: Measurement and payment will be under the Remove Pipe Bid Item. 3. Salvage and reinstall signs and mailboxes will be incidental. C. All other Work and costs of thi Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06183-1 Q 2009 Bonestroo 02225 -4 REMOVALS SECTION 02230 SITE CLEARING PART 1 GENERAL 1.01 SECTION INCLUDES oval and trimming of vegetation and trees, and stripping and stockpiling of A. Rem sod and topsoil. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Dep artment of Transport ation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1 2101 —Cl and Grubbing. 1.04 DEFINITIONS Brush: All bushes, shrubs, and other vegetation that trees having a diameter A. of scythe or mowing machine, including small isolate 4 inches or less at a point 2 feet above the ground surface. Cuttin removing, and disposing of trees, shrubs, bushes, windfalls, B. Clearing: g� and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. utting broken, damaged, or obstructing branches and D. Tree Trimming /Pruning: C installing wound dressing. 1.05 QUALITY ASSURANCE A. Burning: 1. Conform to all local regulations. SITE CLEARING 000034 - 0618 -1 02230 -1 © 2009 Bonestr00 1.06 SITE CONDITIONS A. Work consists of removing trees generally in areas where conflict with the construction of the access road and excavation operations exist. B. The Drawings do not specifically show all trees to be removed. C. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.07 SEQUENCING AND SCHEDULING A. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. B. Install temporary erosion control measures prior to Work of this Section. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Asphalt base tree paint. B. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Trees to be removed or clearing limits will be clearly marked by the Engineer. B. The Bid Unit Price will not be adjusted due to a change in the Bid Quantity. C. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Clearing Trees: Cut off, remove, and dispose of trees and brush in the areas designated as a clearing operation. When grubbing is not required, the point of cut off shall be 6 inches above the ground. B. Clearing Brush: Cut even with the ground surface. C. Grubbing: Remove brush, stumps, roots, and other remains to a minimum depth of 6 inches below subgrade for all proposed sections. 000034 - 06183 -1 C %2009 Bonestroo 02230 -2 SITE CLEARING P D. All depressions resulting from the grubbing operations shall be backfilled in accordance with Section 02315. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are toressinved but interfere with the proposed construction. Paint all cuts with wound g 3.04 STRIPPING and grubbing have been completed, strip sod and topsoil to a line A. After clearing 2 feet outside of areas to be occupied by structures, walks, roadways, areas to e excavated or filled, and other areas shown. Stockpile sufficient topsoil to re- spread at a uniform depth of 4 inches to all B. � disturbed areas identified for seeding or sodding: 1 Do not strip within the drip line (branch spread) of trees identified to remain. 3.05 DISPOSAL Dispose of all cleared and grubbed material and debris outside the right -of- -way at A. p a location selected by the Contractor. by Dis osal site should be a properly designated land appropriate of of the Con B. P actor. appropriate governmental agencies or lands un er C Stripped materials not used for embankments shall be disposed off Site. D. On Site burial of any debris is not permitted. 3.06 PROTECTION ot to damage surrounding private property. A. Conduct operations so as n B. Protect trees intended to be saved from injury or defacement during operations. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits o d drip lines of r es to be protected prior to any construction activities In order pr SITE CLEARING 000034 - 0618 -1 02230 -3 Cc 2009 Bonestroo 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Clearing and Grubbing. Measurement will be by lump sum for all Project Clearing and Grubbing. Payment will constitute compensation in full for all removal, disposal work, and costs. B. Sod Removal: This Work is considered incidental to the other Work of the Contract. C. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. D. Brush Removal: This Work shall be incidental to the Project. E. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. F. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06183 -1 C 2009 Bonestroo 02230 -4 SITE CLEARING SECTION 02315 EXCAVATION AND FILL PART 1 GENERAL 1.01 SECTION INCLUDES I for roadways, foundations, channels, ponds, and other areas. A. Excavation and fil 1.02 RELATED SECTIONS A. Section 02225 - Removals. B. Section 02230 - Site Clearing. C. Section 02318 - Subgrade preparation. D. Section 02320 - Trench Excavation and Backfill. 1.03 REFERENCES Minnesota Department of Transportation "Standard Specifications for A. Construction," 2005 Edition (MnDOT Spec.): 1. 2105 - Excavation and Embankment. 2 3149 - Granular Material. 1.04 SUBMITTALS A. Submit the following items consistent with Section 01330: 1. Gradation tests for borrow materials. 1.05 DEFINITIONS The definitions of the different classifications of excavation led herein: and borrow material A Spec. 2105.2, or as modified shall conform to MnDOT Sp 1. Grading Grade: Bottom of the aggregate base as shown on the Drawings. 2. Common Excavation: Will include all excavation above the grading grade. Other excavations directed by Engineer, such as subgrade excavation, shall be included in common excavation. EXCAVATION AND FILL 000034 - 061 -1 02315 -1 C -> 2009 13 -estroo 3. Sediment Excavation: Will include all excavation of sediment within the lake to the natural bottom in the location indicated in the Drawings. 1.06 QUALITY ASSURANCE A. Assist testing laboratory by excavating for density tests. Assist testing laboratory with obtaining material samples. 1.07 SEQUENCING AND SCHEDULING A. Perform excavation as soon as possible after storm sewer construction. B. Complete finish grading of turf areas within 5 calendar days after backfill. PART 2 PRODUCTS 2.01 MATERIALS A. Select Topsoil Borrow: Conform to MnDOT Spec.3877 PART 3 EXECUTION 3.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein: 1. Establish traffic control prior to excavations. 2. Establish the specified erosion control devices according to Section 01570 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Section 02225. 3.02 PREPARATION OF EMBANKMENT A. Conform to MnDOT Spec. 2105.313, or as modified herein: 1. Engineer's approval is required of all areas where preparation works has been performed prior to the placement of the embankment or fill material. 2. Where embankment is to be constructed over swamp, marsh, or other locations where the foundation material is unstable, the foundation shall be excavated to remove all or part of the unstable material. 000034-06183-1 C'; 2009 Bonestroo 02315 -2 EXCAVATION AND FILL 3.03 EXCAVATION OPERATIONS A. Conform to MnDOT Spec. 21053C, or as modified herein: 1 Perform excavations to the alignment, cross section, and grade as shown on the Drawings and staked by the Engineer. 2. Excavation of unstable material below grade shall be done under the direction of the Engineer as the subsurface conditions are disclosed. 3. Remove muck excavation material xcaviation a backhoe so as to minimize disruption to the bottom of the 4. Notify Engineer immediately ent o of any large prfi profile can be made rocks for pay encountered so proper measurem p quantities. 5. No solid rock will be allowed within 12 inches of the subgrade. 6. Provide and maintain temporary drainage facilities until permanent facilities are completed. 3.04 DISPOSITION OF EXCAVATED MATERIAL A. Conform to MnDOT Spec. 2105.31), or as modified herein: I Strip topsoil consistent with Section 02230. 2. No disposition of bituminous millings will be permitted, unless thoroughly mixed with other on Site materials. 3.05 PLACING EMBANKMENTS A. Conform to MnDOT Spec. 2105.3E, or as modified herein: I . Topsoil placement shall conform to Section 02920. 3.06 COMPACTING EMBANKMENTS rA 000034 - 0618 -1 2009 Bonestroo Conform to MnDOT Spec. 2105.3F, or as modified herein: Compaction required for embankment emateri is shall and confor a es to the g Specified Density Method with the testing determined by the Engineer. 1 02315 -3 EXCAVATION AND FILL 2. Clayey or silty soil used as fill will need to be placed at a water content sufficient to attain compaction (near the "optimum water content" defined in ASTM D698). If the Contractor wishes to use soils which are not at the needed water content, it is the Contractor's responsibility to moisture condition the soil (wet or dry) to a uniform condition such that the entire profile (entire lift thickness) attains the minimum specified compaction level. Some on Site soils will be wet (or could be dry) and the Contractor shall not claim that this is a changed condition. 3. The Contractor shall recognize that inclement weather (sometimes heavy) occurs during the construction season and the Contractor shall be responsible for protecting the moisture condition of soils during the construction phase. Such protection measures include sloping of exposed surfaces to promote runoff (avoid ponding) and compacting exposed surfaces prior to rain events to minimize infiltration. 3.07 FINISH OPERATIONS A. Conform to MnDOT Spec. 2105.3G, or as modified herein: 1. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.05 feet above or below the prescribed elevation at any point where a measurement is made. 2. Finish grading of subgrade prior to placement of an aggregate base course shall conform to the following tolerances: a. Not vary by more than 0.10 feet above or below the prescribed elevation at any point where a measurement is made. 3. Grading of the soils beneath the proposed topsoil shall be reviewed and approved by the Engineer prior to the start of the topsoil placement. 3.08 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Common Excavation. Measurement will be by volume of material (cubic yard) in its original position. Measurement will be made by truck count. Payment includes removal, hauling, disposal, and all other costs associated with this Bid Item. MnDOT's conversion of 1.3 LV = 1 CV will be used to convert the truck quantities from loose volume to compacted volume. Coordinate hauling operation with Engineer 48 hours prior to start of excavation and hauling. Payment will not be made for material hauled if Engineer is not notified 48 hours prior to arrange for monitoring of hauling operations. 000034 - 06183 -1 CC' 2009 Bonestroo 02315 -4 EXCAVATION AND FILL by A Bid Item has been provided for Sediment Excavation. ei lake Me surement l be B. r emoved from volume of material (cubic ) dis osal, and all other made by truck count. Payment includes removal h P costs associated with this Bid Item. Coordinate hauling operation with Engineer 48 hours erial hauled if Engineer is not and hauling. Payment will not be made for ma notified 48 hours prior to arrange for monitoring of hauling operations. 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 EXCAVATION AND FILL 000034 - 0618 -1 02315 -5 C 2009 Bonestroo SECTION 02318 SUBGRADE PREPARATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Grading, shaping, and compacting subgrade prior to placing a base or surface course. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1 2105 - Excavation and Embankment. 2. 2111 - Test Rolling. 3 2112 - Subgrade Preparation. 1.04 SEQUENCING AND SCHEDULING base A. Subgrade preparation shall be performed prior to placement of the aggregate course /surface. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL produce y rade, A. Subgrade pre parations shall be performed to roduce the required density, g and cross - section. B. Includes shaping, compacting, and tolerancing of the aggregate base material. SUBGRADE PREPARATION 000034 - 0618 -1 02318 -1 cG 2009 BonestrOO 3.02 PREPARATION A. Inspection of subgrade by test rolling conforming to MnDOT Spec. 2111, or as modified herein: 1. The equipment used for test rolling shall be a Tandom Truck with a gross weight of 45,000 pounds. 2. The road bed will be considered unstable if yielding and rutting is greater than 1-1/2 inches. 3.03 COMPACTION A. Conform to MnDOT Spec. 2105.3F1, or as modified herein: 1. For the Specified Density Method, the Engineer will sample and test the soils to determine the Maximum Density and Optimum Moisture. 2. Density and moisture tests will be taken on the compacted subgrade at the location and testing rates designated by the Engineer. Nuclear density testing shall be considered an approved method. 3.04 FINISH OPERATIONS A. Subgrade tolerance shall conform to MnDOT Spec. 2105.3G, or as modified below: Not vary by more than 0.05 feet above or below the prescribed elevation at any 1 point where a measurement is made. 3.05 MEASUREMENT AND PAYMENT A. No Bid Item has been provided for subgrade preparation. Subgrade preparation and all related Work shall be considered incidental to the Project with no direct compensation made therefor. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06183-1 0 2009 Bonestroo 02318 -2 SUBGRADE PREPARATION SECTION 02320 TRENCH EXCAVATION AND BpACKFILL PART 1 GENERAL 1.01 SECTION INCLUDES p urtenances, including u ements for underground piping and a p A. Trenching req excavation, backfill, and compaction requirements for 1.02 RELATED SECTIONS A. Section 02230 - Site Clearing. B. Section 02630 - Storm Drainage. 1.03 REFERENCES S for A Minnesota Department of Transporta Spec.): n "Standard Sp Construction," 2005 Edition (MnD 1 2105 - Excavation and Embankment. 2 2451 - Structure Excavations and Backfills. 3. 3149 - Granular Material. B. American Society of Testing Materials (ASTM): 1 C1479 - Standard Practice for Installation d ns reca ion Concrete Sewer, Storm Drain, and Culvert Pipe Using Standar 2, D2321 - Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow App lications. 3. D698 - Test Method for Laboratory Compaction Characteristics for Soil Using Standard Effort (12,400 ft- lbf/ft). TRENCH EXCAVATION AND BACKFILL 000034 - 061 -1 02320 -1 Q 2009 B- estr00 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 01310: 1. Product Data for each Borrow Material: a. 1.05 DEFINITIONS Name and location of source. Results of gradation tests. A. Bedding: The soil material adjacent to the pipe which makes contact with the pipe foundation, walls of the trench, and upper level of backfill. The purpose of bedding is to secure the pipe to true line and grade, and to provide structural support to the pipe barrel. B. Foundation: Soil material beneath the pipe bedding. C. Improved Pipe Foundation: Foundation provided by importing material from sources outside the Site. Required when foundation is soft or unstable. D. Filter Aggregate: Free draining mineral product used around draintile pipe. E. Pipe Zone: That part of the trench below a distance of 1 foot above the top of the pipe. 1.06 SEQUENCING AND SCHEDULING A. Known existing underground utilities are shown on the Drawings in a general way. Owner does not guarantee the locations as shown on the Drawings. Contractor shall anticipate variations in both the vertical and horizontal locations of underground utility lines from those shown on the Drawings. B. Uncover utilities and verify both horizontal and vertical alignments sufficiently in advance of construction to permit adjustments in the Work. Determine location of existing utilities and identify conflicts before excavating trench for pipe installation. C. D. E. 000034-06183-1 C' 2009 Bonestroo Notify Gopher State One Call before starting construction in a given area, requesting utility locations in the field. Provide continuance of flow of existing sewer and other facilities. Backfill and compact all trench excavations promptly after the pipe is laid. 02320 -2 TRENCH EXCAVATION AND BACKFILL 1.07 WARRANTY eater than A. Trench settlements that occur durin the correction edge Pe be a pa ed in a mann 1 inch as measured by a 10 foot straight acceptable to the Owner at the Contractor's expense. PART 2 PRODUCTS 2.01 PIPE BEDDING MATERIAL A. Reinforced Concrete Pipe (RCP): l Class C -1 Bedding: a. Undisturbed soil- 2.02 IMPROVED PIPE FOUNDATION MATERIAL A. Comply with MnDOT Spec. 3149.21 Modified: 1 Crushing Re uirements: At least 50 percent of the material by weight q retained on the No. 4 sieve shall have 1 or more crushed aces. 2,03 BACKFILL MATERIAL A. suitable materials selected from the excavated materials to the extent available and practical. S materials are mineral soils free of rubbish, trees, stumps, branches, B. S concrete and bituminous chunks, and other debris, frozen soil, oversize stone, similar unsuitable material. PART 3 EXECUTION 3.01 EXAMINATION A. p to construction, inspect existing utility structures and surface features, and document condition. foundation soils if rain fall or snow has occurred after initial inspection B. Re-inspect but prior to placing pipe and bedding. TRENCH EXCAVATION AND BACKFILL 000034 - 0618 -1 02320 -3 V 2009 Bonestroo 3.02 PREPARATION A. Notify Utility Owners to field mark their utility locations. B. Protect as necessary surface features, such as utility poles, trees, structures, pavement, etc., that are not designated on the Drawings to be removed. C. Notify utility companies of progress schedule so they can accomplish any necessary relocations and removals that they have agreed to relocate, remove, or support. D. Implement traffic control. E. Complete temporary removal or relocation of surface features, such as fences, shrubs, signs, and mailboxes. F. Strip off existing topsoil from within the trench excavation limits and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. G. Crossing Under Existing Utility Lines: 1. Use extreme care when excavating in the vicinity of underground utility lines to avoid damage to protective coatings or surfaces. 2. Where possible and as authorized by the utility, temporarily remove the utility line, install the new pipe, and reinstall the utility line. 3. Where existing line cannot be removed or is not feasible to remove, securely support, excavate under, backfill under and around the utility line to 100 Percent Standard Proctor Density. 4. Report and repair damaged lines prior to backfilling trench. 3.03 CONSTRUCTION A. Conform to ASTM C2321, or modified herein. B. Trench Excavation: 1. Excavate trench to alignment and grade shown on the Drawings. 2. The trench width at the surface may vary and depends on the depth of trench and nature of the excavated material encountered. However, it shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. 000034-06183-1 TRENCH EXCAVATION C, 2009 Bonestroo 02320 -4 AND BACKFILL art of the trench that is inadvertently excavated below grade 3 Correct any p acted to 100 Percent Standard Proctor with approved material comp Density. 4, Brace, shore, or sheet trench and provide drainage. Comply with applicable State Regulations relating to s than that re re quired pP urred by the Accident repose. Angle of repose may be no less than t a or the Prevention Division of the State Industrial Health i Ac n OSHA), requirements of the Occupational Safety whichever is most restrictive. Pile all excavated material in a manner that will not endanger the Work or obstruct sidewalks, driveways, gutters, utters, etc. g 6. Se re ate soils in the excavated material that i a not tent with the l e for tr ench nth ba kfill and dispose of m a manner that is cons specified herein under " Backfill Above Pipe Zone. 7 Dispose of excess excavated materials off of right -of -ways and easements in a suitable site selected by the Contracto r . Haul materials, other than natural soil materials th e suitable as backfi material, to an app ill g ' roved landfill as directed by t En g C. Water Control: the ground as necessary to excavate the trench and insttho 1 condition p rior pi Dewater pe. All pipe and structures level la minimum Of 1 foot below the pipe backfill. Maintain ground P umps at the beginning invert. Measure the ate o nfl) and once per w eek k h ereafter. Keep a daily of the dewatenng op � log of hours pumped. D. Trench Bottom: Excavate to a sufficient depth to insure adequate foundation when the 1 o pinion of the Engineer bottom of the trench is soft or where in the op itions exist. Bring unsatisfactory foundation condar materials meeting p he grade with thoroughly compacted granu requirements of Improved Pipe Foundation Material. Su pp remove, relocate, or reconstruct existing 2 Provide temp orar Y pp utilities located within the trench e xcav at ion. compacted ill or other and method employed. Use particular care provide stable support for utility crossings to prevent detrimental displacement, rupture, or failure. TRENCH EXCAVATION AND BACKFILL 000034 - 061 -1 02320 - © 2009 Bonestroo 3. Excavate to expose existing utilities that cross in close proximity to the planned pipe line to determine the utilities' exact location sufficiently ahead of pipe installation to plan for the avoidance of grade conflict. Measure to determine the utilities' location relative to the planned pipe line location. A deviation from the alignment, grade, and location to avoid conflict may be ordered by the Engineer. 4. In locations where rock affects the pipe foundation, excavate the trench 6 to 12 inches below the pipe and place sand cushion material up to the proposed invert elevation. The remainder of the trench up to the top of rock elevation shall be backfilled with granular backfill material: a. Sand Cushion: The removal and disposal of the unsuitable material within the trench and below the invert elevation, and the replacement up to invert elevation with the appropriate bedding material. b. Granular Backfill: The removal and disposal of unsuitable material within the trench, above the invert elevation, and replacement up to the surface with appropriate backfill material. No additional compensation will be allowed for wider or deeper trenches in rock excavations. 5. Improved Pipe Foundation: When unsatisfactory foundation conditions exist, excavate to a depth consisting of solid materials. Fill to pipe grade with thoroughly compacted granular materials meeting the requirements of Improved Pipe Foundation Material. 3.04 PIPE BEDDING A. Reinforced Concrete Pipe: Bed pipe in accordance with Class C -1 Bedding. B. Use only selected materials free from rock, boulders, debris, or other high void content substances to a level 1 foot above the top of pipe. Remove ledge rock, boulders, and large stones to provide at least 6 -inch clearance from pipe. C. Dig bell holes of ample dimension at each joint such that the pipe barrel rests continuously on the bedding. 3.05 BACKFILL WITHIN PIPE ZONE A. Backfill immediately after pipe is laid. Restrain pipe as necessary to prevent their movement during backfill operations. B. Place material completely under pipe haunches in uniform layers not exceeding 4 inches in depth. C. Hand (shovel) tamp along pipe within haunch zone. 000034-06183-1 TRENCH EXCAVATION © 2009 Bonestroo 02320 -6 AND BACKFILL ME BACKFILL ABOVE PIPE ZONE Use suitable materials meeting the requirements of Backfill Material. A. B. C. D. E. F. Place in uniform depth layers not to exceed 12 inches before compaction. lete the compaction of each layer before placing material for the succeeding C om p layer. Compact each layer by mech of MnDOT Spec. 2105.3F1 "Specified means until it hod t Trenches e shah be Comp ecified Density Met compacted to a minimum of 95 percent, except to 100 percent in the upp er 3 feet. is at The method and means of placement and type of compaction por f the tree h backfill the discretion of tContractor. requirements- must meet minimum sp eC compaction kfll material (caused by shrinkage or Any deficiency in quantity of bac i ttlement) shall be supplied at no additional cost to the Owner. se suitable or required for backfill shall be disposed of Excavated material not outside of the Site. 3.07 RESTRICTED TRENCH WIDTH on the Restrict width of trench to conform to construction ent11damage toespecimen A. R weer to p Drawings and where directed by the Engineer trees or adjacent structures. 3.08 FIELD QUALITY CONTROL a pproved soils testing firm at various A. Density Tests: To be per by an pP Engineer. The Site as locations and depths throughout the rovide assi nce as necessary to complete Contractor shall cooperate fully and p these tests. B. Failed density test areas shall be excavated and re- compacted until the density requirements are met. 3.09 MEASUREMENT AND PAYMENT Trench Excavation: Excavation and backfilling .° ed rench and associated pipe A. T roved bedding shall be included in the price of pipe p B. Pipe Bedding: Considered incidental and shall be included in the price of pipe furnished and installed. TRENCH EXCAVATION AND BACKFILL 000034 - 061 -1 02320 -7 D 2009 Bonestr00 C. Density Tests: E. 1. Passing Tests: All costs paid by Owner. 2. Failing Tests: All costs charged to and paid by the Contractor. Dewatering: No explicit, direct payment is made for this work. Costs for this Work are to be included in the Bid Unit Price for the pipe and structure installed. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034-06183-1 TRENCH EXCAVATION P 2009 Bonestroo 02320 -8 AND BACKFILL SECTION 02341 GEOTEXTILE SOIL STABILIZATION pART 1 GENERAL 1.01 SECTION INCLUDES A. Geotextile fabric used for street construction. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02318 — Subgrade Preparation. 1.03 REFERENCES Specifications for A. Minnesota Department of Transportation "Standard Sp Construction," 2005 Edition (MnDOT Spec.): 1 3733 — Geotextiles. 1.04 SUBMITTALS A. Manufacturers Certificate of Compliance which includes the following information: 1. Full product name by trademark and style number. 2 Geotextile polymer type(s). 3. Geotextile physical properties. B. Samples of the geotextile: , achine direction shall be marked on each sample 1 The geotextile m submitted for testing. 000034 - 061 - I 02341 -1 GEOTEXTILE SOIL STABILIZATION © 2009 Bonestroo PART 2 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Conform to the requirements of MnDOT Spec. 3733, Type V (woven), except as modified below: 1. Minimum Fabric Weight: Type V 4.5 oz /sq yd. PART 3 EXECUTION .. •► A. Excavation: Conform to Section 02315. B. Subgrade Preparation: Conform to the requirements of Section 02318. Subgrade shall be toleranced and approved before geotextile placement. 3.02 INSTALLATION A. Place geotextile immediately ahead of the covering operation: 1. No geotextiles shall be left exposed to sunlight during installation for a total of more than 7 calendar days. 2. The geotextile shall be laid smooth without excessive wrinkles. 3. The geotextile shall not be dragged through mud or over sharp objects which could damage the geotextile. B. All adjoining sections of the geotextile shall be overlapped a minimum of 18 inches or sewn using mechanical machine. C. Secure fabric in place by means of stone weights to prevent displacement. D. If geotextile is torn or punctured, the damaged area shall be repaired or replaced: 1. The patch shall overlap the existing geotextile a minimum of 3 feet from the edge of any part of the damaged area. 000034 - 06183 -1 C 2009 Bonestroo 02341 -2 GEOTEXTILE SOIL STABILIZATION 3.03 FILL PLACEMENT only granular spreading methods that will not tear the fabric shall be used. A. Y B. Granular borrow shall not be dropped on the fabric from a height greater than 3 feet: ior to 1, Place a minimum of 8 inches of granular broCarefullygmonitor prur�ng the movement of construction equipmen movements. uipment shall not be permitted to drive directly on 2. Tracked or wheeled eq the fabric. An ruts occurring during construction shall be filled with additional 3. Y granular borrow and compacted to the specified density. Compaction of first lift above the geotextile shall aboe compa tionuwill be placement and spreading Of C. Comp equipment only. No vibr ry allowed on the first lift. 3.04 MEASUREMENT AND PAYMENT n t will be A. A Bid Item has been provided for Geotextile Fabric. Meas Geotextile Fabric u units of square yards of actual surface area co vered payment cl at the Bid Unit Price shall include a ll mater The re uired overlap joint o protection of installed Geotextile Fabric as s pecified- q joint sewing shall be incidental to this fabric item with no direct payment being J made. rk and costs of this Section shall be incidental to the Project and B. All other Wo included in the TOTAL BASE BID. END OF SECTION GEOTEXTILE SOIL STABILIZATION 000034 - 061 -1 02341 -3 © 2009 Bonestroo SECTION 02630 STORM DRAINAGE PART 1 GENERAL 1.01 SECTION INCLUDES les, catch basins, fittings, and miscellaneous A. Storm sewer pipe, manho a ppurtenances. 1.02 RELATED SECTIONS A. Section 02315 - Excavation and Fill. B. Section 02320 - Trench Excavation and Backfill. C. Section 02720 - Aggregate Base Course. 1.03 REFERENCES A. American Society of Testing and Materials (ASTM): I C76 - Specification for Reinforced Concrete Culvert, Drain, and Sewer Pipe. 2. C150 - Specification for Portland Cement. 3. C206 - Specification for Finishing Hydrated Lime* 4. C361 - Specification for Reinforced Concrete Low Head Pressure Pipe. "Standard Specifications for B Minnesota Department of Transportation Construction," 2005 Edition (MnDOT Spec.): 1 2511 - Rip Rap. 2. 3601 - Rip Rap Materials. 3. 3733 - Geotextiles. 1.04 SEQUENCING AND SCHEDULING A. Do not pursue work- causing shut off of utility s contacted and all service (gas, water, electric, k telephone, TV, etc.) to consumers until the utility owner i P consumers are notified of the shut -off schedule. 000034- 0618 -1 02630 -1 STORM DRAINAGE C) 2009 Bonestroo B. Successfully complete required inspections and tests before commencement of Section 02720 and Section 02770. 1.05 SUBMITTALS A. Submit Manufacturer's Certificate of Compliance for the following items: 1. Rip rap. PART 2 PRODUCTS 2.01 MATERIALS A. Mortar Materials: 1. Cement: Use Type 1 Standard Portland Cement conforming to ASTM C150. 2. Lime: Use normal finishing hydrated lime meeting the requirements of ASTM C206. 3. Mix Proportions: a. 1 -part cement to 3 parts of suitable plaster sand for mortar used for plastering the exterior walls of block manholes and catch basins, adjusting rings, and lift holes. Use lime or mortar mix in the amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15 percent by volume. b. 1 -part Portland cement to 2 parts of sand to which lime or mortar mix may be added, but not to exceed 15 percent by volume for mortar used for laying concrete block. 2.02 PIPE MATERIALS A. Reinforced Concrete (RCP) Pipe and Fittings: 1. General Requirement: ASTM C76, Wall B with circular reinforcing. 2. Materials: Conform to the requirements of ASTM C76, Wall B with circular reinforcing. O -ring gaskets shall be synthetic rubber, circular reinforcing in cross - section, and shall conform to ASTM C361. 3. Pipe Joints: Bell and spigot ASTM C361. 4. Pipe Class: As shown on the Drawings. 000034-06183-1 C 2009 Bonestroo 02630 -2 STORM DRAINAGE 5 Marking: Each pipe shall be identified widtificationoof plant,udate of trade name or trademark and code, en manufacture, and the pipe class and specification design. 2.03 RIP RAP A. General Requirement: Conform to MnDOT Spec. 2511: 1. Rip Rap Materials: Conform to MnDOT Spec. 3601. 2 Granular Filter: Conform to MnDOT Spec. 3601. 3. Geotextile Filter: Conform to MnDOT Spec. 3733. 4. Grout: Conform to MnDOT Spec. 2461. PART 3 EXECUTION 3.01 PREPARATION fill shall conform to Section 02320. A. Trench Excavation and Back Y B. sewer B -Pass Pumping: Contractor responsible for all iit All Work ando maintain for by-pass flows during construction of the new storm sew p is considered incidental to the Project, unless otherwise specified. P um p 3.02 INSTALLATIO A. Connect to End of Existing Pipe: pipe at locations shown on the Drawings. 1 Connect to existing 2 Locate and expose end of existing pipe. 3. Utilize standard bell and spigot joint with rubber o -ring gasket. If butt connection must be made to existing pipe, construct concrete collar 4. around joint. Collar shall be minimum each way o 1 1 locations an shall extend a minimum of 12 inches ea f the joint. B. Pipe Installation: 1 Lay and maintain pipe app urtenances to the alignment, grade, and location shown on the Drawings and/or staked in the field. No deviation from the or location is allowed, unless Drawing and/or staked alignment, grade, ercent ineer. Deviation from grade in excess of 0.05 p approved by En g at the Contractor's expense. may be cause for removal and relaying Pipe xrx DxalrraGE 000034-061 02630 -3 slu © 2009 Bonestroo 2. General Pipe Installation Procedures: a. Wipe joints clean; apply the manufacturer's recommended lubricant compound over the entire joint surface; center spigot in bell and push spigot home; take care to prevent dirt from entering the joint space; bring pipe to proper line and grade, and secure pipe in place by properly bedding. 3. All joints must be watertight. 4. Remove all foreign matter or dirt from inside the pipe. Keep the bell and spigot clean during and after installation. Take care to prevent dirt from entering the joint space. Remove any superfluous material from inside the pipe after pipe installation by means of an approved follower or scraper. 5. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. 6. Where a sewer line outlets to grade or where the line is terminated with a flared end section: a. Fasten at least the last 3 joints together using 2 "U" bolt fasteners per joint approved and as recommended by the pipe manufacturers. C. Rip Rap: 1. General: Conform to MnDOT Spec. 2511. 3.03 FIELD QUALITY CONTROL A. Scope: 1. All pipeline testing is considered incidental to the Bid cost of the pipe. 2. Engineer to observe and verify that all tests and visual inspections have been completed prior to final acceptance. B. Cleaning: 1. Consists of Cleaning the Pipe and Structures: a. If newly installed mains and structures are kept clean during construction, cleaning will not be required. b. If newly installed mains and /or structures become dirty due to negligence of the Contractor, cleaning will be performed at the sole expense of the Contractor. 000034 - 06183 -1 02630 -4 V 2009 Bonestroo STORM DRAINAGE or flushing method of cleaning pipe is acceptable only if 2 The bailing p dirt and debris adequate provisions acceptable tto E e employed.g Jetting may be e � ou t of the existing sewer sys p required. 3. Complete prior to final inspection for acceptance. C t� 3.05 Required Tests and Inspections: 1. Lamping: a. Verify installation is to true line and grade. b. Verify installed pipe is structurally sound. C. Verify there are no broken or deflective pipe. d Verify that joints are all home. e. Verify structures conform to specified requirements. PROTECTION A. plug all entrances and openings to the system promptly and before suspension of operations at the end of working day. B. Secure structures immediately after completion or bef sns o e of operations at the end of working day with castings or suitable a C. Mark all structures to avoid being hit by construction or vehicular traffic. D. Establish erosion control measures as per Section 01570, MEASUREMENT AND PAYMENT nits 0 A Bid Item has been provided for Rip Rap. Measurement Payment ba s e d UPO Jude of cubic yards of Rip Rap placed accor d g to placement of geotextile fabric. ment will Bid Item has been provided for Flared End Section. Mea the Drawings comple d upon units of each sae excavation, connections to in t pipe, tying the end in place as specified, i e backfilling, and compaction: section to the existing PIT , 000034 - 061 - I 02630 -5 STORM DRAINAGE Q 2009 Bonestroo C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06183 -1 C" 2009 Bonestroo 02630 -6 STORM DRAINAGE SECTION 02720 AGGREGATE BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for aggregate base course on a prepared subgrade. 1.02 RELATED SECTIONS A. Section 02318 - Subgrade Preparation. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.): 1 2211 -Aggregate Base. 2. 3138 - Aggregate for Surface and Base Courses. 1.04 SUBMITTAL A. Submit gradation report on sample of aggregate base to be used. 1.05 SEQUENCING AND SCHEDULING A. Construct aggregate base only after all of the following have been completed: 1. Subgrade has been corrected for instability problems and successfully passed a test rolling test performed by the Contractor and witnessed by the Engineer. 2. Subgrade has been checked for conformance to line and grade tolerances (stringline). PART 2 PRODUCTS 2.01 MATERIALS A Aggregate Base: Conform to MnDOT Spec. 3138, Class 5 aggregate. B. Articulating Concrete Block Mats: CC 35 Cable Concrete Erosion Control System equal. manufactured by Royal Enterprises or app roved AGGREGATE BASE COURSE 000034 - 06183 -1 02720 -1 O 2009 Bonestroo PART 3 EXECUTION 3.01 PREPARATION A. Prepare the subgrade in accordance with Section 02318, B. Subgrade to be completed and approved by the Engineer prior to installation of aggregate base. 3.02 CONSTRUCTION REQUIREMENTS A. Conform to MnDOT Spec. 2211.3: 1 • Compact by mechanical means to 100 Percent Standard Proctor Density. 2. Install aggregate base in accordance with details on Drawings. 3. Deliver weight tickets to Engineer daily. B. Articulated Concrete Block Mats: 1. Install in accordance with manufacturer's recommendations. 3.03 FIELD QUALITY CONTROL A. The Owner shall have an independent testing laboratory sample the aggregate base materials, determine the moisture /density relationships and gradation, and perform field moisture /density tests at locations determined by Engineer. B. Line and Grade Tolerance: The final aggregate base surface will be checked for conformance to specified tolerances by the "stringline" method prior to approval to pave the surface. Grade shall be ± 0.03 feet of grade. 3.04 PROTECTION A. Protect aggregate base until it is covered by surface pavement. B. Keep aggregate base free of ruts and irregularities until covered by surface paving. C. Place water on aggregate base for dust control as required eliminating nuisance conditions for adjacent properties. 3.05 MEASUREMENT AND PAYMENT 000034 - 06183 -1 © 2009 Bonestroo 02720 -2 AGGREGATE BASE COURSE A. A Bid Item has been provided for Aggregate Base, Class 5. Measurement will be by the ton of material compacted in place as determined from weight tickets delivered to the Engineer: 1. If the aggregate base course material is being wasted or placed excessively thick, the Owner reserves the right to deduct quantities that are in excess of Drawing thickness. Said quantities shall be based on material weighing 110 pounds per square yard of area per inch of thickness. B. A Bid Item has been provided for Articulating Concrete Block. Measurement will be by the square feet of matting installed. Payment will include all costs related to furnishing and installing the concrete block mat and cable. C. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 06183 -1 02720 -3 AGGREGATE BASE COURSE C` 2009 Bonestroo SECTION 02920 LAWNS AND GRASSES PART 1 GENERAL 1.01 SECTION INCLUDES ea by installation of topsoil, seed, soil amendments, A. Restoration of construction ar mulch, and erosion control. 1.02 RELATED SECTIONS A. Section 01570 - Temporary Erosion and Sediment Control. B. Section 02315 - Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. B. C. Provide submittals consistent with Section 01310. Provide source and invoice for seed to be used for this Project. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of tags, and weed seed content. Submit to the production, germination rate, seed bag Engineer at least 5 days prior to delivery. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately that the Engin eer installation, with a the approval of the Engineer, and continue until the date final inspection: 1 The establishment period for seeded areas is 1 year. LAWNS AND GRASSES 000034 - 0618 -1 02920 -1 G 2009 Bonestroo 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 TOPSOIL: Select Topsoil Borrow conforming to MnDOT Spec. 3877.213. 2.02 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10 -10 -10 (NKP). 2.03 SEED: Conform to MnDOT Spec. 3876. A. Lawns: MnDOT Mixture 270. B. Temporary Mix: MnDOT Mixture 130. 2.05 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885.Category 3 PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Notify the Engineer at least 3 days in advance of hauling topsoil borrow on Site so the Engineer may visually inspect and sample for testing if deemed necessary. C. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 000034 - 06183 -1 G 2009 Bonestroo 02920 -2 LAWNS AND GRASSES D. Delivery: erial 1. Notify the Engineer of the delivery schedule in advance s table plant ma rial may be inspected upon arrival at the Site. Remove u nac p from the Site immediately. 2. Deliver fertilizer and lime to the guaranteed chemical analysis, name, t name or bearing the manufacturers guar trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in d iand a certificate indicating the above information shall accompany each ry. 3. During Delivery: Protect seed from contamination. E, Storage: 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.02 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B, Soil Preparation: Conform to MnDOT Spec. 2575.313. C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.30 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs. /1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs. /1,000 sq. 3.03 SOWING SEED A. Seeding Dates: Conform to MnDOT Spec. 2575.3 for the mixes specified. B. Seeding Preparation and Application: Conform to MnDOT Spec 2575.3 for the mixes specified. 3.04 EROSION CONTROL BLANKET A. Erosion control blanket shall be installed immediately elow following seeding in accordance with MnDOT Spec. 2575.37, and as modified B. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. C. Blanket shall be installed parallel to the direction of flow in all cases. LAWNS AND GRASSES 000034 - 06183 - 02920 -3 Chi 2009 Bonestroo D. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded and installed again as a permanent erosion control measure. Ifpermanent seeding is available at the time of initial installation, a one -time proper installation is acceptable. 3.05 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 3.06 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re- inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least one species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. 3.07 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Permanent Seeding, MnDOT 270 Mix, and Erosion Control Blanket (Category 3). Measurement will be based upon units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer' seed, stapling, and all correlated activity. B A Bid Item has been provided for Temporary Seeding, including seed and Erosion Control Blanket (Category 3). Measurement will be based upon units of square yards installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer' seed, stapling, and all correlated activity. C. 000034 - 06183 -1 t 2009 Bonestroo A Bid Item has been provided for Select Topsoil Borrow (LV). Measurement will by volume in cubic yards loose volume measured in the vehicle; or if the material is 02920 -4 LAWNS AND GRASSES l be transported in vehicles not adapted to such ll w th measured in its original position completed by the method of average end areas no correction for curvature. D. All other Work and costs of this Section shallbe incidental to the Project and included in the TOTAL BASE BID. END OF SECTION LAWNS AND GRASSES 000034 - 0618 -1 02920 -5 C 2009 Bonestroo