Loading...
HomeMy WebLinkAboutUntitled (2) FORM OF AGREEMENT THIS AGREEMENT, made and signed this 1 a day of I y , 2000, by and between the City of Oak Park Heights,hereinafter called the "Owner", and ODESA Construction hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Oak Park Heights Public Works Department, Oak Park Heights, Minnesota, and indicated below under ARTICLE IV, as provided by the Owner for: Valley View Park Boardwalk and Trail Project and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before $PP"Le M b�✓ I S, 2000. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file in the Office of the City Clerk, City of Oak Park Heights, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $ 61,207.35. ARTICLE IV. The Contract Documents shall consist of the following component parts: (a) Drawings: PW VV-BW1 through PW VV-BW7 Dated 15 May 00 (b) Specifications. (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Conditions; (4) Conditions of the Contract(General and other conditions); (5) Performance and Payment Bonds; (6) Agreement; (7) Detail Plates and other drawings attached to specifications; This Agreement,together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. Form of Agreement IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: The 4� Seal) By sarrigie • YOR By In the presence of: 0494,99 CO's7 "' CONTRACTOR By Le, .TITLE CERTIFICATE OF ACKNOWLEDGMENT State of Minnesota ) )SS. County of Washington ) On this day of , 2000, before me personally appeared David Schaaf, to me personally known, being by me duly sworn, did say that he is the Mayor of the City of Oak Park Heights,that the seal affixed to the foregoing instrument is the seal of said City of and that said instrument was executed on behalf of the City of Oak Park Heights by authority of its City Council, and said Mayor, David Schaaf acknowledged the instrument to be the free act and deed of said City of Oak Park Heights. (Notarial Seal) JULIE P. JOHNSON Notary Public• / .NOTARY r! "LiC—MINNESOTA � �� ''/ ,',��ill) WISH ON COUNTY , +. My e,J n•31,2005 I f 5i/D�J a Nom, Commission Expires: 4 Form of Agreement CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) ) SS County of ) On this. day of , 2000, before me personally appeared ,to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as free act and deed. (Notarial Seal) Notary Public Commission Expires: CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) County of „ti Vt )) S S xj, rah 1 On this 1/ day of i.�. ,- ,2000 before me personally appeared and ,to me personally known who,being by me duly sw rn, each did say that they are respectively the C C� and of ODES �� u i�`eh°1'7 that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors and said and acknowledged the instrument to be the free act and deed of the corporation. (Notarial Seal) Notary Public dla. witimeite Commission Expires: /- .31- ;2G 0-s • 010.0"110.00.81.20- 4 Form of Agreement - s City of Oak Park Heights • -° `.'"• "H v 14168 57th Street N.•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax 439-0574 Interoffice Memo To: Mayor and City Council From: Public Works Director, Jay Johnson,y s n, PE cc: City Administrator, City Engineer, Community Development Director Date: 05/16/00 Re: Award of Bid for the Valley View Park Boardwalk and Trail Recommendation: Award the contract for the Valley View Park Boardwalk and Trail Project to ODESA Construction of Gilman, Minnesota on a unit price bases in accordance with the their bid prices and estimated project cost of$61,207.35. Project to be financed out of the Park and Recreation Development Fund. • Background: The City Council g ty authorized staff to advertise for bid the Valley View Park Boardwalk and Trail Project. The project Project. p �e t was advertised in the Gazette and Courier Newspapers as well as the Construction Bulletin. Plans and specifications were sent to four companies and made available here at City Hall and at the construction Bulletin's Library in New Hope,Minnesota. We had at least two companies review the plans and specs at City Hall. Jay Johnson, Oak Park Heights Public Works Director and Julie Johnson, Oak Park Heights Administrative Secretary opened bids publicly, at City Hall at 1:00 PM on June 7th. Mr. Lee Sunram was present at the bid opening. ODESA Construction of Gilman, Minnesota was the low bidder at an estimated cost of$61,207.35. The second bid was from Sunram Construction of Cocoran, Minnesota for$77,025.00. Item two of their bid was corrected from $600 to $6000. This is the first in-house designed project for the Public Works Department. Public Works will provide the construction inspection services for the project. Since the project is within a prairie restoration area,we will contract separate with our original prairie restoration contractor Eco- Tech for the reseeding of the prairie lands disturbed by this project. Attached are the bid summary and t he two bids. • TREE CITY U.S.A. f � " CITY OF x '; OAK PARK HEIGHTS 4. ,+ 1x''1 .h• 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439 . Valley View Park Boardwalk and Trail Project Bid Summary Item Units Quantity Odesa Construction Sunram Construction • Trail Bid Total Bid Total Clear and Grub LS 1 $1,104.00 $ 1,104.00 $2,000.00 $ 2,000.00 Common Excavation for Trail CY 400 $ 6.00 $ 2,400.00 $ 15.00 .$ 6,000.00 Corrected Sub grade prep SY 1300 $ 1.00 $ 1,300.00 $ 1.50 $ 1,950.00 Class 5 gravel TN 210 $ 28.45 $. 5,974.50 $ 20.00 $ 4,200.00 Bit.Wear Course _TN 150 $ 70.00 $10,500.00 $ 90.00 $13,500.00 Top Soil replacement SY 400 $ 2.00 $ 800.00 $ 2.50 $ 1,000.00 Storm Sewer $ - $ - 4'dia Man Hole w/beehive EA 1 $2,774.00 $ 2,774.00 $3,000.00- $ 3,000.00 4' Man Hole EA 1 $2,600.00 $ 2,600.00 $2,500.00 $ 2,500.00 12" RCP LF 189 $ 23.80 $ 4,498.20 $ 35.00 $ 6,615.00 Surge Basin EA 1 $ 900.00 $ 900.00 $1,200.00 $ 1,200.00 Rip Rap CY 5 $ 65.00 '$ 325.00 $ 100.00 $ 500.00 Geo-textile SY 24 $ 2.40 $ 57.60 $ 5.00 $ 120.00 ii Top Soil replacement SY 450 $ 2.00 $ 900.00 $ 1.00 $ 450.00 Wood fibre Blanket SY 450 $ 2.00 $ 900.00 $ 1.50 $ 675.00 Boardwalk Construction $ - $ - Clear and Grub LS 1 $ 300:00 $ 300.00 $2,000.00 $ 2,000.00 Prepare Subgrade EA 21 $ 16.23 $ 340.83 $ 100.00 $ 2,100.00 Class 5 gravel TN 20 $ 28.45 $ 569.00 $ 40.00 $ 800.00 Place 12.5X17 EA 14 $ 16.21 $ 226.94 $ 100.00 $ 1,400.00 Place 15 X 19 EA 14 $ 16.21 $ 226.94 $ 150.00 $ 2,100.00 Place 15X 19 stacked EA 4 $ 16.21 $ 64.84 $ 150.00 $ 600.00 2x6 height adjust EA 4 $ 25.50 $ 102.00 $ 50.00 $ 200.00 4x6 height adjust EA 6 $ 37.50 $ 225.00 $ 100.00 $ 600.00 6x6 height adjust EA 4 $ 43.50 $ 174.00 $ 105.00 $ 420.00 Rip Rap CY 10 $ 65.00 $ 650.00 $ 80.00 $ 800.00 14' boardwalk section w/toe EA 16 $ 899.25 $14,388.00 $1,000.00 $16,000.00 14' boardwalk with railings EA 2 $1,147.50 $ 2,295.00 $1,010.00 $ 2,020.00 12' boardwalk section EA 1 $1,107.50 $ 1,107.50 $ 975.00 $ 975.00 16' baordwalk section EA 1 $1,254.00 $ 1,254.00 $1,300.00 $ 1,300.00 silt fencing LF 500 $ 2.00 $ 1,000.00 $ 2.00 $ 1,000.00 Traffic control LS 1 $ 400.00 $ 400.00 $ 500.00 $ 500.00 Mob&de mob LS 1 $2,850.00 $ 2,850.00 $ 500.00 $ 500.00 $61,207.35 $77,025.00 Corrected Sunram Construction Bid item 2 corrected from$600 to$6000 based on unit uanti price.4 tYP • Bid Tabulation prepared by Jay Johnson, OPH Public Works Director and verified by Judy Hoist, OPH Finance Director. Tree City U.S.A. CITY OF � . OAK PARK HEIGHTS - 41) *. 14168 North 57th Street •P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:.651%439-4439• Fax:651/439-0574 Proposal BID-COPY _ - Valley View Park Boardwalk and Trail Project City'af Oak Park Heights,Hlnitlesotl MAY 2000 Total Bid:Bidder Q0f$9 C aw57 Contact Name: t-F gifitmotive TeIephoneNo.3a Address:,a3add 6000e,„ S ` i QlJ Fax No.: 3 zo-3fr),"aa7 City G,*(.../11.614/ >r-�ria�l. State&Zip: 7,i/ 5`633 3 Opening Time 1:00 P.M. C.D.S.T Opei g Date: Wednesday,June 7,2000 Opening Location: Oak Park Heights City Hall Honorable City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Mayor and City Council: The undersigned,being familiar with your local conditions,having made all field inspections and investigations deemed necessary,having studied the plans and s ecifications for the Valley View Park Boardwalk and Trail Project to include Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof,hereby proposes to furnish all labor,tools, materials, skills, equipment,and all else necessary to completely construct the,project in accordance with the plans and specifications for the following unit prices: No. Item Units Quantity Unit Price Total Price Trail 1 Clear and Grub(10'wide thru LS 1 wetland to boardwalk est. 200 SY) �fOY , 2 Common.Excavation for trail I CY 400 $ (o, $ IP3 Subgrade Preparation for trail SY 1300 $ 1?`" $ 1300.°° Tree City U.S.A. City of Oak Park Heights Valley View Park Boardwalk and Trail • Proposal BID COPY Page 2 of 4 No. Item Units Quantity Unit Price Total Price 1 • 4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 (}5 foot wide thru wetland - ...5-47. 4.1 „,c71, 5, Bituminous wear course,Type TN 150 41A, 8 foot wide in Prairie, 6-foot - $ ooh me `. wide thru wetland /� <�S4©, , ` 6 Replace top soil over Class 5 to SY 400 - edge of bituminous and other areas C" .00- disturbed by the trail construction. � - Storm sewer 7 4' Dia. MH 15 feet deep with 3 EA 1 : $ $., foot sump&Neenah R 2560-G = cw *di- ' Beehive Grate in place °�7 `fr g:77`,. 8 4' Dia.MH 12 feet deep-with R EA 1- "$ oa $ 1642-B casing in place o�(oU . `. (��,° 12 ` RCP, CL5,2'-I2' deep in LF 189 $ ... .� 5-,,, place l 10 Reinforced Concrete Surge Basin EA- 1 $ $ fnr 17 'in RCP in-mince F 700 ��.. ;p� 11 Rip Rap Class III,around surge .:CY 5 $ `�-" basin outlet - f°`3`, • as. 12 Geo-Textile Beneath Surge Basin .. SY - 24 ° $ 4 ;. and Rip Rap a �, a 13 Place topsoil over disturbed area. SY - 450 a ad c:74(2,?!..' 14 Wood fiber blanket erosion control SY 450 $ over storm sewer oo 5 o� 2. boo; Boardwalk Construction $ $ 15 Clear and Grub along abandoned LS 1 $ $: roadway for boardwalk(est. 300 300 oa . 30c400 SY) 16 Prepare Subgrade for supports EA 21 $ /&,23 $ •.3Yd, 83 17 Place and compact Class 5 Gravel TN 20 $ for boardwalk supports 2?, .-- $ S-61, c* 18 Place Concrete Conduits for EA supports 12.5"X17" Conduit 14 $ �6•t $ 22(o �Y 19 Place Concrete Conduits for EA 14 ' $ z l $ Qy Supports 15"X19" Conduit !G, 2210. 20 Place Concrete Conduits for • EA 4 $ 2r $ vci Supports 15"X19" Stacked Conduit f(et (act. 110 • City of Oak Park Heights • Valley View Park Boardwalk and Trail • • Proposal BID COPY Page 3 of 4 doNo. Item Units Quantity Unit Price. Total Price 21 Adjust height of supports using EA - 4 $ 2"X6"X8' CCA treated boards �S _ - Ada, 22 Adjust height of supports using EA 6 $4''X6'X8 CCA treated timbers: "3�. 22 o. 23 Adjust height of supports using EA 4 $ 6"X6"X8' CCA treated timbers � `� $ • 24 Place Rip Rap Class III around CY 10 $ o e $ oa supports near channels 66.7 • 25 Construct and install 6' wide X EA • -16 $ $ 14' Boardwalk sections with toe 2 S °O boards `J ). • 26 Construct and install 6' wide X EA 2 $ 14' Boardwalk sections with S"a . railings /(17, 27 Construct and install 6' wide X - EA 1 $ 12' Boardwalk sections with. SO railings . 07, _ 28 Construct and install 6' wide X EA 1 , $ 1 1 16' Boardwalk sections with - o�S' 4)4'4)4' o•► railings .;, �/, . 29 Silt fencing LF 500 $ 2,oa $- lam!,°°� 30 Traffic Control on 56m Street and LS 1 od $ ` cc Feller Ave. (MO 31 Mobilization and de-mobilization LS 1 $ 2 frSb,°'m $ 2.ti-S4 Total Bid $ tot)ao7, For purposes of awarding the contract the low bidder will be determined by multiplying the quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of $ 3 0 6 1.°d , which is at least five percent(5%) of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15)days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retiins the right to reject any and all bids and to waive irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. 2. Payment for the contract will be by check. • City of Oak P_ark Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 4 of 4 3. Bids may not be withdrawn fora period of 45 days after the date and time set for the • opening of bids: R 4. The City retains the right to hold the bidders bon y k d,certified checl�or casli,deposit of•the three lowest bidders for a period not to exceed 45 days after the date and time set _ for the opening of bids Respectfully submitted,_ a ESA Cow3T. . XivC • A Corporation) (A Partnership) Signer x L S c o , , • Title z /9AGF HI2mo� _ Printed or Typed Name of Signer �, _ F ; " • • CITY OF OAK PARK HEIGHTS - 14168 14168 North 57th Street • P.O.Box 2007 • Oak ParkHeights,MN 55082-2007•-Phone:651/439-4439 • Fax Proposal BID COPY • Valley View Park Boardwalk and Trail Project City of Oak Park.Heights,Minnesota • MAY200Q . Bidder: S V n Total-Bid: �zs o � Contact Name: Telephone No.: On via Address: �. � '7�3 4!•2rb �40, - Zr:O(o Fax No. wk�. "�`b3 4-94,345 Ci _ " �o,rc�orrart E-mail:E State&Zip: 55 MW 5 34t?' Opening - Haig Time 1.00 P.M. C.D.S.T. � � T , . Opening Date: Wednesday,June 7,2000 Opening Location: Oak Park Heights City Hail : - . Honorable City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights,MN 55082 Mayor and Ci Y t3' Council: The undersigned, being familiar with your local conditions,having made all field inspections and investigations deemed necessary, having studied the plans and specifications for the.Valley View Park Boardwalk and Trail Project to.include Addenda Nos. C) and being familiar with all factors and other conditions affecting the work and cost thereof,hereby proposes to furnish all labor,tools,materials, skills,equipment, and all else necessary to completely construct the project in accordance with the plans and specifications for the following unit prices: No. Item I Units Quantity Unit Price Total Price Trail 1 Clear and Grub (10'wide thru LS 1 $ $ wetland to boardwalk est. 200 SY) Zc]40.dt `` ZOOO.(0 2 Common Excavation for trail CY 400 S f . ' • L i 1 5.ao $ &04 Subgrade Preparation for trail SY 1300 $ 1. 50 I $ ig50.4�{ Tree City U.S.A. I City of Oak Park Heights _ Valley View Park Boardwalk and Trail Proposal BID COPY Page 2 of 4 No. Item Units . Quantity Unit Price Total Price i 4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 ZO.6ts foot wide thru wetland q-200.00 5 Bituminous wear course,Type TN 150 $ $ 41A, 8 foot wide in Prairie, 6-foot 50.00 wide thru wetland (3 $�. 6 Replace top soil over Class 5 to SY 400 edge of bituminous and other areas Z. . S 0 1000.00 disturbed by the trail construction. Storm sewer _ 7 4' Dia.MH 15 feet deep with 3 EA 1 $ $ ,- foot sump&Neenah R-2560-G 3000.CO Beehive Grate in place 3000.00 8 4' Dia. MH 12 feet deep with R- ' EA 1 $ $ 1642-B casing in place Z 5°6.(1D k 500.00 9 12 ` RCP, CL5,2'-12' deep in LF 189 $ $ place 35.t7L1 41015.00 10 Reinforced Concrete Surge Basin EA 1 $ $ for 12 in RCP in place 1 Zoo.do (2.00.E 11 Rip Rap Class III,around surge CY 5 $ $ basin outlet I Oa .c!a 500.(in • 12 Geo-Textile Beneath Surge Basin SY 24 $ $ and Rip Rap S, (20.00 13 Place topsoil over disturbed area. SY 450 t . Ct) 450 .00 14 Wood fiber blanket erosion control SY 450 $ $ over storm sewer 1. 5 p Co Boardwalk Construction 5' 15 Clear and Grub along abandoned LS 1 $ $ roadway for boardwalk(est. 300 Z000.CZ SY) ZOoO.t'1Z� 16 Prepare Sub grade for p gr supports EA 21 $ t 17 Place and compact 0 0• $ 2-(00.00 p Class 5 Gravel TN 20 $ for boardwalk supports $ OO.6t)18 Place Concrete Conduits for EA 14 $ $ supports 12.5"X17" Conduit j()0.Cf 0 %1}.00.00 19 Place Concrete Conduits for EA 14 $ $ Supports 15"X19" Conduit 150. (f D 2.1 00.� 20 Place Concrete Conduits for EA 4 $ $ - Supports 15"X19" Stacked Conduit 150 ,60 Loaf() • • City of Oak Park Heights • Valley View Park Boardwalk and Trail Proposal BID COPY Page 3 of 4 IIINo. Item Units Quantity 21 Adjust height of supports using EA 4 $ Price Total Price 2"X6"X8' CCA treated boards $ $ 54. UD 200.00 22 Adjust height of supports using EA 6 $ 4"X6"X8' CCA treated timbers 4 0 0 ' (!a $ (O 00.00 23 Adjust height of supports using EA 4 $ $ 6"X6'X8' CCA treated timbers 10 S.CJa 420.00 24 Place Rip Rap Class III around CY 10 $ $ . supports near channels 80.(Ta Soo.co 25 Construct and install 6' wide X EA 16 $ $ 14' Boardwalk sections with toe boards 1000.0 C7 14,Opole 26 Construct and install 6' wide X EA 2 $ $ 14' Boardwalk sections with railings 1 O l O.0 o ZO za UD 27 Construct and install 6' wide X EA 1 $ $ 12' Boardwalk sections with railings 5-?5.0° Co 975. 28 Construct and install 6' wide X EA 1 $ $ 16' Boardwalk sections with • railings 1300.CO 130o.oo 29 Silt fencing LF 500 $ 30 Traffic Control on se Street and LS 1 $ Z' $ 1000.61:3 1000.61:3 Peller Ave. 31 Mobilization and de-mobilization . LS 1 .. Sb©.(� Jc'40,� $ co o.00 $ 5'00.00 Total Bid $'j 1 t 62.S.oc For purposes of awarding the contract the low bidder will be determined by multiplying the quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of $ 5 Co , which is at least five percent(5%)of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15)days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retains the right to reject any and all bids and to waive irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. • 2. Payment for the contract will be by check. City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 4 of 4 3. Bids may not be withdrawn for a period of 45 days after the date and time set for the • opening of bids. 4. The City retains the right to hold the bidder's bond,certified check or cash deposit of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. Respectfully submitted, SU Co- t.)e lh)C.. ACo Name rporation) (An divi nA f (A Partnership) Signer i Q9..J Titl Le.$2... Sunv-oars Printed or Typed Name of Signer • '1%g Western Surety Company PERFORMANCE BOND Bond Number: 69028180 KNOW ALL PERSONS BY THESE PRESENTS, That we Odesa Construction, Inc. of P.O. Box 205, Gilman, MN 56333 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Oak Park Heights of 14168 Oak Park Blvd. N. , Oak Park Heights, MN 55082 , hereinafter referred to as the Obligee, in the sum of Sixty-One Thousand One Hundred.._Eighty-Eight and 301100 Dollars ($ 61,188.30 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of , for Boa dwalk & Tr.il in Oak Park Heights NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 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. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 30th day of _ June , 2000 Odesa Construction, Inc. (Principal) By 0,a ��� , Gr�� (Seal) Western Surety Company (Surety) By A 0,0014.e{v.L Joky n,Asst.Sec.(Seal) L. Johnson Attorney-in-Fact G-105578-C Western Surety Company PAYMENT BOND Bond Number: 69028180 KNOW ALL PERSONS BY THESE PRESENTS, That we Odesa Construction, Inc. of P.O. Box 205, Gilman, MN 56333 , hereinafter referred to as the Principal, and _ Western Surety Company as Surety, are held and firmly bound unto city of Oak Park Heights of 14168 Oak Park Blvd. N. , Oak Park Heights, MN 55082 , hereinafter referred to as the Obligee, in the sum of Sixty-One Thousand One Hundred Eighty-Eight and Dollars ($61,188.30 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated - day of for Boardwalk & Trail in Oak Park Heights • copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this _- 30th day of June , 2000 . Odesa onstruction, Inc. (Principal) By g�'i/! -� C tzc (Seal) Western Surety Company (Surety) L Johnson,Asst Sec. By I (Seal) G-105579-B L. Jo on Attorney-in-Fact • - ACKNOWLEDGMENT OF SURETY (Attorney-in-Fact) STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA } ss. On this 30th day of June 2000 X _, before me, a notary public in and for said County, personally appeared L. Johnson, Assistant Secretary to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of the WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, cre- ated, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said L. Johnson, Assistant Secretary acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at Sioux Falls South Dakota , the day and year last above written. My Commission expires B.ARP _ • (1).—)--Q Form 106-M mmiasion Expires 3.20-2005 19 Notary Public D 8 Western Surety Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,Wyoming, and the United States of America, does hereby make,constitute and appoint L. Johnson _ of Sioux Falls State of South Dakota _ , its regularly elected Assistant Secretary as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed,all of the following classes of documents to-wit: Indemnity,Surety and Undertakings that may be desired by contract,or may be given in any action or proceeding in any court of law or equity,poliqTAMirnifying employers against loss or damage caused by the misconduct of their employees;official,bail,and surety and fidelity ! • in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waives -ttrliiodifyet catitge or extend any bond or document executed for this Company,and to compromise and settle any and all claims or fads pgiqclemor dx'f i against said Company. ttOrn Surety ( further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety ( rbpany duly adopted an w in force,to-wit: on g'€�s,policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the cor a av e.of pany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officerk*t c ‘o )irectors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint At{6i§trfact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its President with the corporate seal affixed this _ 30th day of June , 2000 ATTEST WESTE S RETYYCCOMP Y �LLwv - By- . Assistant Secretary Stephen T.Pate,President STATE OF SOUTH DAKOTA COUNTY OF MINNEHAHA On this 30th day of June , 2000 , before me, a Notary Public, personally appeared Stephen T. Pate and -.- -- - __-__-- A.Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as __ President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. th��g�hgh5hhh5hh5hh��h5c + s B. THOMAS s s SE NOTARY PUBLIC sE s s SOUTH DAKOTA s s s „„Q71,47.42, s My Commission Expires 6-2-2003 s Notary Public +•••••••••9•90••,%•.• ••• + I• Form 672-11-95 t. ACORD CERTIFICATE-OF-LIABILITY-INSURANCE °"�°""°°'"Ykr 06/30/2000 PROOLN:ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOIR JT, Inc dba Trewick Insurance ONLY- CONFERS NO RIGHTS- UPON-THE- HOLDER. 'PHIS-CERTIFICATE DOES-NOT AMENDh 2 S 2nd Avenue Suite 140 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL . Sauk Rapids, MN 56379 t 320-251-2552 INSURERS AFFORDING-COVERAGE- , INSURED Odesa Construction Inc INSURERA Waseca Mutual Insurance Co i 1 INSURER 13: P 0 Box 205 INSURER C: Gilman, MN 56333 .INSURER D: 1 I INSURER E T COVERAGES T. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED BY THE POLICIES DESCRIBEDHEREIN IS SUBJECT TO-ALL-THE TERMS EXCLUSIONS-ANDCONDLTIONSOF-SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POUCY EXPIRATION 1 LTR TYPE OF INSURANCE POUCY NUMBER FOAM_.. DAXSNISSODATI LISTS GENERAL LIABIUTY EACH OCCURRENCE $1 000,000 © COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(My one Ike) s 50 e 0 0 ■■ CLAIMS MADE X OCCUR MED EXP(My one person) s 5 000 1011 CL 00013942 11/23/99 11/23/00 PERSOWLLaADVINJURY :1,000, 1100 ■ GENERAL AGGREGATE $2, 000, 1,00 GENT AGGREGATE UNIT APPLIES PER: PRODUCTS-COMP/OP AGG S2 000,000 ■ POLICY ■ 78; ! LOC i 1[TOMOWLE UABU TY ill ANY AUTO (r N sINeLE LIALIT s 4.0 0 0 0 0 0 ALL OWNED AUTOS BODILY INJURY`-- s SCHEDULED AUTOS ( X5on) HIREDAUTOS CIS 00013942 11/23/99 11/23/00 BODILY INJURY NON-OWNED AUTOS (Per accident) s I PROPERTY DMW3E s (Per eaident) aGARAGE LIABILITY AUTO ONLY-EA ACCIDENT ■ANY AUTO OTHER THAN EA ACC ■ AUTO ONLY: AGO I EXCESS MESHY _ .. EACH OCCURRENCE s • ■ OCCUR n CL MS.MADE- - AGGREGATE s s. ■ DEDUCTIBLE $ ■ RETENTION i i WORKERS OONIPENBATION AM 1 • , EMPLOYERS LIABLITY TORY LMAITS-. - ER- Certficate ordered E EOHACCIDENT. $ from company EL DISEASE-EA EMPLOYEE_.$ • r E.L.DISEASE-POUCY LIMIT S • OTHER J I i DESCRIPTION OF OPERATIOR LOCATIONSNEISCLESIEXCLUSIONS ADDED BY ENDOR3BN'.NTISPECIAL PROVISIONS I CERTIFICATE HOLDER I I ADOmoNAL wsuaEO;INSURER LELTEE: CAbICEL.LATIOhL r . SIKAILD.A1CL OETNiASONEXiBCABEUrry Irma •=KNLIIIIeJ� City of Oak. Park Heights -.- w►sG.mEREDE, WILLENDEAYOLTarA&L. 10.. 14168 Oak Park Blvd N .-_NMI:4M THECERTINCATSHOLDERMANEIXTO THEJ.EET,BUT F URET Oak- Park Heights, MN 5-5II82-- _MOSEN0.0euoAT0 11.0R_wNLLTYOFAN TIOND-UPOS-THE.BISURER,.asaOBtasoR} . RBPROSINF LTARis.-. ,OUT EPRESENTATIVE o . I L_ \ `1 A 7- AACORD258(7197) 'AGO60 CORPORATION_'1*88 CITY OF OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone: 651/439-4439 • Fax:651/439-0574 A 4 J r Proposal BID COPY Valley View Park Boardwalk and Trail Project City of Oak Park Heights, Minnesota MAY 2000 Bidder:o©f5,1 GoN.57: Ln/C - Total Bid: ao7 3S Contact Name: Le. /`/Z4 0/ti Telephone No.:30_3s.J-a yb Address:/ 30 6 006.„ SP.` ` AO Fax No.: ao--36-7-a(7� City: G,•1_00 / E-mail: State&Zip: /77 Al 56 333 Opening Time: 1:00 P.M. C.D.S.T. Opening Date: Wednesday,Julie /, 2000 Opening Location: Oak Park Heights City Hall Honorable City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights,MN 55082 Mayor and City Council: The undersigned, being familiar with your local conditions,having made all field inspections and investigations deemed necessary,having studied the plans and specifications for the Valley View Park Boardwalk and Trail Project to include Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor,tools,materials, skills, equipment, and all else necessary to completely construct the project in accordance with the plans and specifications for the following unit prices: No. Item Units Quantity ' Unit Price Total Price Trail 1 Clear and Grub (l0'wide thru LS 1 ' $ $ o0 wetland to boardwalk est. 200 S Qj HO Si, /ICY, 2 Common Excavation for trail C Y 400 $ (0;1Q $ V400, 3 Subgrade Preparation for trail SY 1300 $ /pr' $ 1300,0.) Tree City U.S.A. • • - City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal.BID COPY Page 2 of 4 No. ' Item Units I Quantity Unit Price Total Price 4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 9-S— foot foot wide thru wetland I 5 Bituminous wear course,Type TN 150 $ $5-q71:5-6 41A, 8 foot wide in Prairie, 6-foot 20 oo /06-Oaoo wide thru wetland 6 Replace top soil over Class 5 to SY 400 edge of bituminous and other areas °° ao disturbed by the trail construction. °Z 8� Storm sewer 7 4' Dia. MH 15 feet deep with 3 EA 1 $ $ foot sump&Neenah R-2560-G 3:724/,"`' 7-74/,o 0 Beehive Grate in place 8 4' Dia. MH 12 feet deep with R- EA 1 $ ca $ oc) 1642-B casing in place P.600, A6vo, 9 12 ' RCP,CL5,2'-12' deep in LF 189 $ F° place 2.3. 4{y`j$ 1 10 Reinforced Concrete Surge Basin EA nine-ft 1 f $ �/ ao $ I for 11 in RCP in nine-ft ! /QQ. �Q(,, h 11 Rip Rap Class III, around surge I CY 5 $ as $ «j basin outlet 667 3.2S 12 Geo-Textile Beneath Surge Basin SY 24 $ a c fp $ S-, 66 I and Rip Rap , 13 I Place topsoil over disturbed area. SY 450 ,o,00 9DO,°r' 14 Wood fiber blanket erosion control SY 450 $ over storm sewer I Boardwalk Construction $ I $ 15 I Clear and Grub along abandoned LS 1 $ i $ roadway for boardwalk(est. 300 300 CO SY) 30d ad 16 Prepare Subgrade for supports EA 21 _ $ /Co,23-- $ 3Yp,, 17 Place and compact Class 5 Gravel TN 20 $ $ for boardwalk supports 8, 1`� S61("e 18 Place Concrete Conduits for I EA 14 $ z i $ supports 12.5"X17" Conduit I10 22(o,qY ' 19 Place Concrete Conduits for EA Supports 15"X19" Conduit 14 $ 16, 2 I $ 22(0,by 20 Place Concrete Conduits for EA 4 $ 2l $ I Supports 15"X19" Stacked Conduit IC, (o City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 3 of 4 No. Item Units Quantity Unit Price Total Price 21 Adjust height of supports using EA 4 $ $ 00 2"X6"X8' CCA treated boards 2.575-6 /0 2, 22 Adjust height of supports using EA 6 $ �Y, $ °o 4"X6"X8' CCA treated timbers 37, 2_25 23 Adjust height of supports using EA 4 $ �.o $ 6"X6"X8' CCA treated timbers Lf 3, 1-N, 24 Place Rip Rap Class III around - CY 10 $ ,oi) $ °d supports near channels t , (5d• 25 Construct and install 6' wide X EA 16 $ 2 S $ o0 14' Boardwalk sections with toe )Y 3 M Of 71.boards 26 Construct and install 6' wide X EA 2 $ S" $ ' co 14' Boardwalk sections with I/417 a,a9S railings 27 Construct and install 6' wide X EA 1 $ 513 $ �D 12' Boardwalk sections with I/ 07, I I d 7, railings 28 Construct and install 6' wide X EA 1 $ $ i 1 16' Boardwalk sections with 1 as-ei.°" °d railings easy, 29 Silt fencing _ LF 500 $ 2," $ /000,°' 30 Traffic Control on 56th Street aria LS 1 $ od $ ti Peller Ave. , yd 0, °° 31 Mobilization and de-mobilization LS 1 $ �fsSV,"' $ 2,8.5-'0, Total Bid $ (6,1)ao,36- For purposes of awarding the contract the low bidder will be determined by multiplying the quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of $ 3,041,°O ,which is at least five percent(5%) of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15)days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retains the right to reject any and all bids and to waive irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. 2. Payment for the contract will be by check. .7 •� City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 4 of 4 3. Bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids: 4. The City retains the right to hold the bidder's bond,certified check or cash deposit of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. Respectfully submitted, 00e:SA CaNST ..,T 'C . A Corporation)) ae (An (A Partnership) Signer G F_c� Title Printed or Typed Name of Signer CITY OF • OAK PARK HEIGHTS f.` :~.. 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of Oak Park Heights,Minnesota in the City Hall at • 14168 Oak Park Boulevard North(formerly 14168 57th Street North)until 1:00 P.M. C.D.S::T., on Wednesday June 7,2000, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: - Valley View Park Boardwalk and Trail Project consisting of the following approximate quantities: Trail Construction: 200 SY Clearing and Grubbing (over abandoned road in wetland) Y 400 CY Common Excavation 1,300 SY .Subgrade Preparation 210 TN Class 5 Gravel Placed and Compacted for Trail in Prairie 150 TN Bituminous Wear Course,Type 41A(8 Foot Prairie Trail) 189 FT 12 inch RCP Stormwater Pipe 1 2 EA 4 foot Diameter Drop Manhole 1 EA Reinforced Concrete Surge Basin.for 12 inch Pipe 5 CY Class IV Rip Rap placed around Surge Basin 450 SY Wood Fiber Blanket 500 LF Silt Fencing Boardwalk Construction: 300 SY Clearing and Grubbing (over abandoned road in wetland) 20 EA 6 feet wide by Wooden Boardwalk Sections (12', 14' and 16' lengths) 21 EA Constructions and Placement of Support Structures for Boardwalks 10 CY Rip Rap Class III around support structures Plans and specifications,proposal forms and contract documents may be seen at the office of the City Administrator, 14168 Oak Park Boulevard N., Oak Park Heights, Minnesota 55082 (651- 439-4439). Each bid shall be accompanied by a bidder's bond naming the City of Oak Park Heights as obligee, certified check payable to the City of Oak Park Heights or a cash deposit equal to at least five percent(5%) of the amount of the bid. The bidder's bond shall be forfeited to the City in the event that the bidder fails to enter into a contract. Tree City U.S.A. Advertisement of Bids City of Oak Park Heights Valley View Park Boardwalk and Trails June 2000 The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed forty-five(45) days after the date and time set for opening of bids. No bids may be withdrawn for a period of forty-five(45)days after the date and time set for the bid opening. Payment for the work will be by check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the City of Oak Park Heights,upon the payment of a non-refundable fee of$40.00. See "Information to Bidders"for plans/specification fee policy. The City Council reserves the right to reject nay and all bids,to waive irregularities and informalities therein and further reserves the right to award the contract in the best interest of the City. Thomas Melena, City Administrator City of Oak Park Heights CITY OF OAK PARK HEIGHTS } - - 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN.55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 • ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of Oak Park Heights,Minnesota in the City Hall at 14168 Oak Park Boulevard North(formerly 14168 57`h Street North)until 1:00 P.M., C.D.S.T., on Wednesday June 7, 2000, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: Valley View Park Boardwalk and Trail Project consisting of the following approximate quantities: Trail Construction; 200 SY Clearing and Grubbing (over abandoned road in wetland) 250 CY Common Excavation 1,300 SY Subgrade Preparation 210 TN Class 5 Gravel Placed and Compacted for Trail in Prairie 150 TN Bituminous Wear Course, Type 41A(8 Foot Prairie Trail) 189 FT 12 inch RCP Stormwater Pipe 1 EA 4 foot Diameter Drop Manhole with beehive inlet 15 feet deep 1 EA 4 foot Diameter Drop Manhole 12 feet deep 1 EA Reinforced Concrete Surge Basin for 12 inch Pipe 5 CY Class IV Rip Rap placed around Surge Basin 450 SY Wood Fiber Blanket Boardwalk Construction: 300 SY Clearing and Grubbing(over abandoned road in wetland) 18 EA 6 feet wide by 14 feet Wooden Boardwalk Sections 1 EA 6 feet wide by 16 feet Wooden Boardwalk Section 1 EA 6 feet wide by 12 feet Wooden Boardwalk Section 2 EA 4X6 CCA Treated Timber Supports for Boardwalks 4 EA 6X6 CCA Treated Timber Supports for Boardwalks 21 EA Constructions and Placement of Support Structures for Boardwalks from treated timbers and concrete conduit(concrete conduits provided by the City) 10 CY Rip Rap Class III around support structures Plans and specifications,proposal forms and contract documents may be seen at the office of the City Administrator, 14168 Oak Park Boulevard N. (formerly 14168 57th Street N.), Oak Park Heights,Minnesota 55082 (651439-4439). Tree City U.S.A. Advertisement of Bids City of Oak Park Heights Valley View Park Boardwalk and Trails June 2000 Each bid shall be accompanied by a bidder's bond naming the City of Oak Park Heights as obligee,certified check payable to the City of Oak Park Heights or a cash deposit equal to at least five percent(5%) of the amount of the bid.The bidder's bond shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed forty-five(45) days after the date and time set for opening of bids. No bids may be withdrawn for a period of forty-five(45) days after the date and time set for the bid opening. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the City of Oak Park Heights,upon the payment of a non-refundable fee of$30.00. See "Information to Bidders"for plans/specification fee policy. The City Council reserves the right to reject nay and all bids,to waive irregularities and informalities therein and further reserves the right to award the contract in the best interest of the City. Thomas Melena, City Administrator City of Oak Park Heights CITY OF OAK PARK HEIGHTS 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights.MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574 Information to Bidders Valley View Park Boardwalk and Trails Projects 1. BID PROPOSAL: Each planholder has been furnished a specification,plan.set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "Bid Copy". The Proposal containing the bid shall-be submitted in a sealed envelope labeled"Valley View Park Boardwalk and Trail". 2. PLAN AND SPECIFICATION POLICY: Plans and specifications are available on a non-refundable,per plan basis,with all contractors and vendors being _ charged$30 per plan set as stated in the Advertisement for Bids. Additional plan sets can be obtained at a cost of$30 non-refundable per plan set. 3. INDIVIDUAL DRAWINGS AND SPECIFICATIONS: Individual drawings,can - be obtained at a cost of$5.00 per sheet and additional copies of the specifications can be obtained for$15.00 per copy. These cost are non-refundable. 4. BID TABULATIONS: Planholders submitting a bid will be mailed, faxed or - - emailed a Bid Tabulation. Planholders not submitting a bid may purchase a copy of the Bid Tabulation for five dollars ($5.00). Tree City U.S.A. CITY OF OAK PARK HEIGHTS - 14168 North 57th Street • P.O. Box 2007 •Oak Park Freights,MN 55082-2007 •Phone:651L439-4439'• Fax:651/439-0574 Proposal { ; Valley View Park Boardwalk and Trail Project City of Oak Park Heights, Minnesota_., June 2000 - Bidder: Total Bid: - Contact Name: Telephone.No.:- City: E-mail: State&Zip: { Opening Time 1:00 P.M.C.D.S.T.` Opening Date: Wednesday, June 7,2000 Opening Location: Oak Park Heights City Hall Honorable City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Mayor and City Council: - The undersigned, being familiar with your local conditions,having made all field inspections and investigations deemed g me necessary,having studied the plans and specifications for.the V g e alle Vi P p y View Park Boardwalk and Trail Project to include Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof,hereby proposes to.furnish all labor, tools, materials, skills, equipment,.and all else necessary to completely construct the project in accordance with the plans and specifications for the following unit prices: No. Item Units Quantity Unit Price Total Price Trail 1 Clear and Grub (10'wide thru SY 200 $ wetland to boardwalk) 2 Common Excavation for trail CY 250 $ $ 3 Subgrade Preparation for trail SY 1300 $ $ Tree City U.S.A. City of Oak Park Heights Proposal Valley View park Boardwalk and Trail June 2000 Page 2 of 4 No. Item Units Quantity Unit Price Total Price 4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 foot wide thru wetland 5 Bituminous wear course, Type TN 150 $ $ 41A, 8 foot wide in Prairie, 6-foot wide thru wetland 6 Replace top soil over Class 5 to SY 255 edge of bituminous Storm sewer 7 4' Dia. MH 15 feet deep with 3 EA 1 $ $ foot sump &Neenah R-2560-G Beehive Grate in place 8 4' Dia. MH 12 feet deep with R- EA 1 $ $ 1642-B casing in place 9 12 ` RCP, CL5, 2'-12' deep in LF 189 $ $ place 10 Reinforced Concrete Surge Basin EA 1 $ $ for 12 in RCP in place 11 Rip Rap Class III, around surge CY 5 $ $ basin outlet 12 Geo-Textile Beneath Surge Basin SY 24 $ $ and Rip Rap 13 Wood fiber blanket erosion control SY 450 $ $ over storm sewer Boardwalk Construction $ $ 14 Clear and Grub along abandoned SY 300 $ $ roadway for boardwalk 15 Prepare Subgrade for supports EA 21 $ $ 16 Place and compact Class 5 Gravel TN 20 $ $ for boardwalk supports 17 Place Concrete Conduits for EA 14 $ $ supports 12.5"X17" 18 Place Concrete Conduits for EA 14 $ $ Supports 15"X19" 19 Place Concrete Conduits for EA 4 $ $ Supports 15"X19" Stacked 20 Adjust height of supports using EA 4 $ $ 2"X6"X8' CCA treated boards 21 Adjust height of supports using EA 6 $ $ 4"X6"X8' CCA treated timbers b. City of Oak Park Heights Proposal Valley View park Boardwalk and Trail June 2000 Page 3 of 4 No. Item Units Quantity Unit Price Total Price 22 Adjust height of supports using EA 4 $ $ 6"X6"X8' CCA treated timbers 23 Place Rip Rap Class III around CY 10 $ $ supports near channels 24 Construct and install 6' wide X EA 16 $ $ 14' Boardwalk sections with toe boards 25 Construct and install 6' wide X EA 2 $ $14' Boardwalk sections with railings 26 Construct and install 6' wide X EA 1 $ $ 12' Boardwalk sections with railings 27 Construct and install 6' wide X EA 1 $ $ 16' Boardwalk sections with railings 28 Silt fencing around soil stockpiles LF 400 $ $ 29 Traffic Control on 565' Street and LS 1 $ $ Peller Ave. 30 Mobilization and de-mobilization LS 1 $ $ Total Bid $ For purposes of awarding the contract the low bidder will be determined by multiplying the quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of $ , which is at least five percent(5%)of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15) days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retains the right to reject any and all bids and to waive irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. 2. Payment for the contract will be in cash or check. 3. Bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. City of Oak Park Heights Proposal Valley View park Boardwalk and Trail June 2000 Page 4 of 4 4. The City retains the right to hold the bidder's bond,certified check or cash deposit of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. Respectfully submitted, (A Corporation) Name (An Individual) (A Partnership) Signer Title Printed or Typed Name of Signer CITY OF OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights, MN 55082-2007 • Phone:651/439-4439 • Fax: 651/439-0574 1 i ' City of Oak Park Heights Valley View Park Boardwalk and Trail I Specifications May 2000 ' INDEX Index ' Advertisement for Bid Information to Bidders Proposal Special Provisions Submittals Protection and Adjustments of Structures Clearing and Grubbing Excavation and Embankment Subgrade Preparation ' Aggregate Base Plant Mixed Bituminous Pavement Boardwalk Construction Storm Sewer Construction Restoration and Turf Establishment Conditions of the Contract I hereby certify that this plan and specification was ' prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Date: May 15,2000 Reg.No. 14915 1 Tree City U.S.A. 3 } CITY OF !Nit OAK PARK HEIGHTS 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/4394439 • Fax:651/439-0574 Proposal BID COPY Valley View Park Boardwalk and Trail Project City of Oak Park Heights, Minnesota MAY 2000 I Bidder: Total Bid: Contact Name: Telephone No.: Address: Fax No.: City: E-mail: State&Zip: Opening Time: 1:00 P.M. C.D.S.T. Opening Date: Wednesday,June 7, 2000 Opening Location: Oak Park Heights City Hall Honorable City Council City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights,MN 55082 Mayor and City Council: The undersigned,being familiar with your local conditions, having made all field inspections and investigations deemed necessary,having studied the plans and specifications for the Valley View Park Boardwalk and Trail Project to include Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools,materials, skills, equipment, and all else necessary to completely construct the project in accordance with the plans and specifications for the following unit prices: No. Item 1 Units Quantity Unit Price Total Price Trail 1 Clear and Grub (10'wide thru LS 1 $ $ wetland to boardwalk est. 200 SY) 2 Common Excavation for trail CY 400 $ $ 3 Subgrade Preparation for trail E SY 1300 $ $ Tree City U.S.A. • City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 2 of 4 No. Item Units Quantity Unit Price Total Price 4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 foot wide thru wetland 5 Bituminous wear course, Type — TN 150 $ $ 41A, 8 foot wide in Prairie, 6-foot wide thru wetland 6 Replace top soil over Class 5 to SY 400 edge of bituminous and other areas disturbed by the trail construction. Storm sewer 7 4' Dia. MH 15 feet deep with 3 EA 1' $ $ foot sump&Neenah R-2560-G Beehive Grate in place 8 4' Dia. MH 12 feet deep with R- EA 1 $ $ 1642-B casing in place 9 12 ` RCP, CL5, 2'-12' deep in LF 189 $ $ place • 10 Reinforced Concrete Surge Basin EA 1 $ $ for 12 in RCP in place 11 Rip Rap Class III,around surge CY 5 $ $ basin outlet 12 Geo-Textile Beneath Surge Basin SY 24 $ $ and Rip Rap 13 Place topsoil over disturbed area. SY 450 14 Wood fiber blanket erosion control SY 450 $ $ over storm sewer Boardwalk Construction $ $ 15 Clear and Grub along abandoned LS 1 $ $ roadway for boardwalk(est. 300 SY) 16 Prepare Subgrade for supports EA 21 $ r $ 17 Place and compact Class 5 Gravel TN 20 $ $ for boardwalk supports 18 Place Concrete Conduits for EA 14 $ $ supports 12.5"X17" Conduit 19 Place Concrete Conduits for EA 14 $ $ u " Supports 15 X19 " Conduit pP 20 Place Concrete Conduits for EA 4 $ $ Supports 15"X19" Stacked Conduit . City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 3 of 4 No. Item Units Quantity Unit Price Total Price 21 Adjust height of supports using EA 4 $ $ 2"X6"X8' CCA treated boards 22 Adjust height of supports using EA 6 $ $ 4"X6"X8' CCA treated timbers 23 Adjust height of supports using EA 4 $ $ 6"X6"X8' CCA treated timbers 24 Place Rip Rap Class III around CY 10 $ $ supports near channels 25 Construct and install 6' wide X EA 16 $ $ 14' Boardwalk sections with toe boards T 26 Construct and install 6' wide X EA 2 $ $ 14' Boardwalk sections with railings 27 Construct and install 6' wide X EA 1 $ $ 12' Boardwalk sections with railings 28 Construct and install 6' wide X EA 1 $ $ 16' Boardwalk sections with railings 29 Silt fencing LF 500 $ $ 30 Traffic Control on 56th Street and LS 1 $ $ Peller Ave. 31 Mobilization and de-mobilization LS 1 $ $ Total Bid $ For purposes of awarding the contract the low bidder will be determined by multiplying the quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of $ , which is at least five percent(5%) of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15) days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retains the right to reject any and all bids and to waive irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. 2. Payment for the contract will be by check. City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal BID COPY Page 4 of 4 3. Bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. 4. The City retains the right to hold the bidder's bond,certified check or cash deposit of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. Respectfully submitted, (A Corporation) Name (An Individual) (A Partnership) Signer Title Printed or Typed Name of Signer i : , CITY OF I ,. OAK PARK HEIGHTS f:' •,• 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:-651/439-4439 • Fax:651/439-0574 1 ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of Oak Park Heights,Minnesota in the City Hall at . 14168 Oak Park Boulevard North(formerly 14168 57th Street North)until 1:00 P.M.,C.D.S:T., on Wednesday June 7,2000, at which time they will be publicly opened and read aloud for the I furnishing of all labor and materials and all else necessary for the following: 1 Valley View Park Boardwalk and Trail Project consisting of the following approximate uantitie q s' ITrail Construction: 200 SY Clearing and Grubbing (over abandoned road in wetland) 400 CY Common Excavation I 1,300 SY .Subgrade Preparation 210 TN Class 5 Gravel Placed and Compacted for Trail in Prairie , ; I 150 TN Bituminous Wear.Course, Type 41A(8 Foot Prairie Trail) 189 FT 12 inch RCP Stormwater Pipe 2 EA 4 foot Diameter Drop Manhole I 1 EA Reinforced Concrete Surge Basin for 12 inch Pipe 5 CY Class IV Rip Rap placed around Surge Basin 450 SY Wood Fiber Blanket 1 500 LF Silt Fencing Boardwalk Construction: I 300 SY Clearing and Grubbing(over abandoned road in wetland) 20 EA 6 feet wide by Wooden Boardwalk Sections (12', 14' and 16' lengths) 21 EA Constructions and Placement of Support Structures for Boardwalks 1 10 CY Rip Rap Class III around support structures Plans and specifications,proposal forms and contract documents may be seen at the office of the I City Administrator, 14168 Oak Park Boulevard N., Oak Park Heights, Minnesota 55082 (651- 439-4439). IEach bid shall be accompanied by a bidder's bond naming the City of Oak Park Heights as obligee, certified check payable to the City of Oak Park Heights or a cash deposit equal to at least five percent(5%) of the amount of the bid. The bidder's bond shall be forfeited to the City 1 in the event that the bidder fails to enter into a contract. I 1 Tree City U.S.A. Advertisement of Bids City of Oak Park Heights Valley View Park Boardwalk and Trails ' June 2000 The City Council reserves the right to retain the deposits of the three lowest bidders for a period Inot to exceed forty-five(45)days after the date and time set for opening of bids. No bids may be withdrawn for a period of forty-five(45)days after the date and time set for the bid opening. ' Payment for the work will be by check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the City of Oak Park Heights,upon the payment of a non-refundable fee of$40.00. See "Information to Bidders"for plans/specification fee policy. The City Council reserves the right to reject nay and all bids,to waive irregularities and informalities therein and further reserves the right to award the contract in the best interest of the City. \ \!\ Thomas Melena, City Administrator City of Oak Park Heights 1 1 1 1 ' Information to Bidders Valley View Park Boardwalk and Trails Projects 1. BID PROPOSAL: Each planholder has been furnished a specification,plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated"Bid Copy". The Proposal containing the bid shall be submitted in a sealed envelope labeled"Valley View Park Boardwalk and Trail". ' 2. PLAN AND SPECIFICATION POLICY: Plans and specifications are available on a non-refundable,per plan basis,with all contractors and vendors being charged$30 per plan set as stated in the Advertisement for Bids. Additional plan sets can be obtained at a cost of$40 non-refundable per plan set. 3. INDIVIDUAL DRAWINGS AND SPECIFICATIONS: Individual drawings can be obtained at a cost of$5.00 per sheet and additional copies of the specifications can be obtained for$15.00 per copy. These cost are non-refundable. 1 4. BID TABULATIONS: Planholders submitting a bid will be mailed, faxed or emailed a Bid Tabulation. Planholders not submitting a bid may purchase a copy of the Bid Tabulation for five dollars ($5.00). 1 1 CITY OF OAK PARK HEIGHTS , '•.• 14168 North 57th Street • P.O. Box 2007 • Oak.Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 •1 Proposal - =, , 1 Valley View Park Boardwalk and Trail Project City of Oak Park Heights;;Minnesota MAY 2000 1 Bidder: Total Bid ._ - Contact Name: Telephone No.: Address: Fax No City: E-mail State&Zip: I ;Opening Time: 1:00 F.M. C.D S.T. Opening Date: Wednesday,Tune 7,200Q Opening Location: Oak Park Heights City Hall • Honorable City.Council City of Oak Park Heights 14168 Oak Park Blvd. 1 • Oak Park Heights,MN 55082 Mayor and City Council: 1 The undersigned,being f g g atmliar with your local conditions,having made all field inspections and investigations deemed necessary,having studied the plans and specifications for the Valley View 1 Park Boardwalk and Trail Project to include Addenda Nos. and being familiar with all factors and other conditions affecting the work and cost thereof,hereby proposes to furnish all labor, tools,materials, skills, equipment, and all else necessary to completely construct the project 1 in accordance with the plans and specifications for the following unit prices: No. Item Units Quantity Unit Price Total Price 1 Trail 1 Clear and Grub (10'wide thru LS 1 $ $ 1 wetland to boardwalk est.200SY) 2 Common Excavation for trail CY 400 $ $ 3 Subgrade Preparation for trail SY 1300 $ $ 1 Tree City U.S.A. ICity of Oak Park Heights Valley View Park Boardwalk and Trail Proposal IPage 2 of 4 No. Item Units Quantity Unit Price Total Price I4 Class 5 Gravel in place for trail TN 210 $ $ base, 10 foot wide in Prairie, 8 foot wide thru wetland I5 Bituminous wear course, Type TN 150 $ $ 41A, 8 foot wide in Prairie,6-foot wide thru wetland I6 Replace top soil over Class 5 to SY 400 edge of bituminous and other areas I disturbed by the trail construction. Storm sewer 7 4' Dia. MH 15 feet deep with 3 EA 1 $ $ I foot sump&Neenah R-2560-G Beehive Grate in place 8 4' Dia. MH 12 feet deep with R- EA 1 $ $ I 1642-B casing in place 9 12 ' RCP, CL5,2'-12' deep in LF 189 $ $ place I 10 Reinforced Concrete Surge Basin EA 1 $ $ for 12 in RCP in place 11 Rip Rap Class III, around surge CY 5 $ $ Ibasin outlet 12 Geo-Textile Beneath Surge Basin SY 24 $ $ I and Rip Rap 13 Place topsoil over disturbed area. SY 450 14 Wood fiber blanket erosion control SY 450 $ $ over storm sewer I _ - Boardwalk Construction $ $ 15 Clear and Grub along abandoned LS 1 $ $ I roadway for boardwalk(est. 300 SY) 16 Prepare Subgrade for supports EA 21 $ $ I 17 Place and compact Class 5 Gravel TN 20 $ $ for boardwalk supports 18 Place Concrete Conduits for EA 14 $ $ I supports 12.5"X17" Conduit 19 Place Concrete Conduits for EA 14 $ $ Supports 15"X19" Conduit I 20 Place Concrete Conduits for EA 4 $ $ Supports 15"X19" Stacked Conduit I I ICity of Oak Park Heights Valley View Park Boardwalk and Trail Proposal I Page 3 of 4 0 No. Item Units Quantity Unit Price Total Price 21 Adjust height of supports using EA 4 $ $ 2"X6"X8' CCA treated boards I 22 Adjust height of supports using EA 6 $ $ 4"X6"X8' CCA treated timbers 23 Adjust height of supports using EA 4 $ $ 6"X6"X8' CCA treated timbers 24 Place Rip Rap Class III around CY 10 $ $ I supports near channels 25 Construct and install 6' wide X EA 16 $ $ 14' Boardwalk sections with toe I boards 26 Construct and install 6' wide X EA 2 $ $ 14' Boardwalk sections with I railings 27 Construct and install 6' wide X EA 1 $ $ 12' Boardwalk sections with I railings 28 Construct and install 6' wide X EA 1 $ $ 16' Boardwalk sections with I railings _ 29 Silt fencing LF 500 $ $ 30 Traffic Control on 56th Street and LS 1 $ $ I Peller Ave. 31 Mobilization and de-mobilization LS 1 $ $ Total Bid $ IFor purposes of awarding the contract the low bidder will be determined mP g rmin d by multiplying the I quantities stated above by the unit prices bid. The final amount of the contract shall be determined by multiplying the final measured quantities of various items actually constructed and installed by the unit prices shown above, in the manner prescribed in the specifications. Accompanying this bid is a bidder's bond, certified check,or cash deposit in the amount of $ ,which is at least five percent(5%) of the amount of my/our bid made payable to the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen(15) days after receiving the contract. In submitting this bid the following is understood and agreed upon by the undersigned: 1. The City of Oak Park Heights retains the right to reject any and all bids and to waive I irregularities and informalities of any bid and to award the bid in the best interest of the City of Oak Park Heights. 2. Payment for the contract will be by check. '' 1 City of Oak Park Heights Valley View Park Boardwalk and Trail Proposal Page 4 of 4 3. Bids may not be withdrawn for a period of 45 days after the date and time set for the ' opening of bids. 4. The City retains the right to hold the bidder's bond,certified check or cash deposit of the three lowest bidders for a period not to exceed 45 days after the date and time set ' for the opening of bids. ' Respectfully submitted, ' Name (A Corporation) (An Individual) (A Partnership) ' Signer Title ' Printed or Typed Name of Signer 1 1 City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail i SPECIAL PROVISIONS INDEX ' 1. Project Description 2. Owner 3. Completion Date 4. Liquidation Damages 5. Soil Conditions and Area Inspection ' 6. Utilities 7. Traffic 8. Construction Limits and Environmental Sensitivity I 9. Topsoil Stripping and Respreading 10. Specification References 11. Tests ' 12. Scale 13. Preconstruction Conference 14. Quantity Deviations 15. Site Survey and Support Locations 16. Award of Contract 17. Equal Opportunity And affirmative Action Compliance 18. Out-Of-State Contractor Surety Deposit 19. Certificates of Compliance with MN Statutes 290.92 &290.97 1 1 II 1 VV Boardwalk Special Provisions 1 of 7 1 City of Oak Park Heights ' Specifications Valley View Park Boardwalk and Trail 1. PROJECT DESCRIPTION: This project consists of constructing a 280-foot long ' wooden boardwalk across the Perro Pond wetland. The boardwalk extends from the end of 56th Street North to Valley View Park along an abandoned farm road. The boardwalk will be constructed in 6-foot wide sections having lengths of 12,14, and 16 feet. The sections will be supported on 6X6 timbers cribs (filled with Class II Rip Rap) and on various sized concrete culverts. The project will consist of clearing the areas where supports are to be constructed. Compacting and adjusting base material. Constructing support structures. Constructing twenty (20)boardwalk sections and attaching them to the support structures. Railings will be constructed along the boardwalk whenever the walking surface is equal to or greater than 30 inches above the ground. The area of construction is seasonally flooded during large rainstorms and when the beaver dam is allowed to be completed. Construction activities are limited to a narrow strip along the abandoned roadway (12 to 14 feet in width). Access will ' be from 56th Street North for the eastern portion of the project. Access to the western portion of the project will be through Valley View Park along the path of a future trail leading to the boardwalk. No construction equipment will be allowed to traverse the central channel connecting the wetland to the north with Perro Pond. 2. OWNER: The City of Oak Park Heights is designated as the Owner. All work is within a public park and through a DNR protected wetland. All work will be coordinated with Mr. Jay Johnson,the Public Works Director. The Public Works phone number is 651-439-4439 during office hours from 8:00A.M. to 4:30 P.M. 3. COMPLETION DATE: It is expected that the contractor will begin work within three following Award of contract by the City Council,which is scheduled for May_, 2000. Project completion is required by June 30, 2000. ' 4. LIQUIDATED DAMAGES: Liquidated damages as specified in the Conditions of the Contract shall be Two Hundred Dollars ($200.00)per calendar day for each specified completion date. 5. SOIL CONDITIONS AND AREA INSPECTION: All prospective bidders are ' advised to inspect the entire project area prior to submitting, their own minds, , the existing condition of the abandoned roadbed and the vegetation which has overgrown the roadbed. The area of construction is a former gravel road. During 1998 and 1999 the roadway was submerged due to construction activities of the resident beavers. Currently,the beaver dam has been breached and will be maintained in this condition throughout the project. It shall be the sole responsibility of the Contractor to determine soil and water conditions prior to submitting a bid. ' li VV Boardwalk Special Provisions 2 of 7 I City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail I I6. UTILITIES: No City owned utilities exist within the construction area. The contractor should expect to find telephone lines, electric lines, gas mains,and cable television lines. I Prior to any excavation in the area of this ect ro' p � the Contractor shall verify the exact location and depth of any utilities. Locations and information can be Iobtained by calling the following: IUtility Locations Gopher State One Call 651-454-0002 IUtility Contacts I Enron Corp. (Northern Natural Gas) John Nelson 651-674-4488 N.S.P Electric B.J. Grant 651-779-3135 N.S.P. Gas Dave Stillman 651-229-2589 I U.S. West Telephone Tim Lange 651-221-5359 Media One Cable TV Pat Wagner 612-531-4438 City of Oak Park Public Works Jay Johnson 651-439-4439 I The Contractor must exercise care and caution when working near all utility lines I either buried or above ground. The Contractor must coordinate the relocation and/or protection of all existing facilities and any cost for such work shall be the responsibility of the Contractor. I7. TRAFFIC: The Contractor shall be responsible for all traffic control and shall have sufficient and adequate directions and warning signs on the project at all I times to minimize the inconvenience to all. Traffic control devices and methods shall conform to the requirements of the latest edition of the Minnesota Manual on Uniform Traffic control Devices and the April, 1995 Field Manual for Itemporary Traffic Control Zone Layouts. These devices may include, but are not limited to, flashers, "Road Work Ahead"and "Trucks Hauling" signs and other devices as directed by the Public Works Director. I The abandoned area of 56th Street shall be used for construction staging and I parking. No parking or construction equipment will be permitted to be staged, stored, or parked on the public streets. I It shall be the responsibility of the Contractor to clean and maintain adjacent streets, which may become dirty from the construction activity. Payment for that work shall be at the bid unit price for skidsteer and power broom included in the Proposal for the actual time spent cleaning and sweeping the area. Payment for VV Boardwalk Special Provisions 3 of 7 I City of Oak Park Heights , Specifications Valley View Park Boardwalk and Trail hourly used of either the skidsteer or power broom shall include the operator. If the Contractor is careless in their operations,they will be required to sweep and clean the street at their own expense, as directed by the Engineer. All flagmen, barricades, flashers, and safety measures are the sole responsibility ' of the Contractor. The Contractor is advised that they are responsible for continuous traffic control throughout all phases of work, including all activities of the subcontractors. All cost related to traffic control and warning shall be included in the Lump Sum bid item. 8. CONSTRUCTION LIMITS AND ENVIRONMENTAL SENSITIVITY: This project is within a DNR protected wetland and a city park. No activity will be allowed outside the existing roadbed. No activity will be allowed and no construction equipment may cross the central channel from the wetlands on the north side of the project site to the pond/wetland on the south side of the project site. Access to the eastern side of the site will be limited to 56th Street North. Access to the western side will be through Valley View Park along a designated path through the"Prairie Restoration Area". The path will be constructed by the Owner to the start of the project under a support contract. No traffic will be , allowed off of the designated path within the "Prairie Restoration Area". The entire project area is considered environmentally sensitive. Disturbance of the soils within the area will be limited to only those areas to be cleared for ' construction of support structures and access to those sites. Restroom facilities are available at the upper portion of Valley View Park. Portable toilet facilities will be provided and maintained at the Contractor's expense for all project personnel. Portable toilet facilities shall be located on the abandoned portion of 56th Street North. I The area to be disturbed by this project is less than the 5 acres which triggers an MPCA Storm Water Permit. While an MPCA permit is not required,the City will require erosion control around stockpiles and on steep slopes. Fiber blanket erosion control material will be applied over the steep slopes disturbed during the storm sewer construction. 9. TOPSOIL STRIPPING AND RESPREADING: All areas disturbed by construction, installation, and backfilling operations necessary to complete this projects shall be stripped of all topsoil. During the topsoil removal process the Contractor shall carefully remove the topsoil layer and place it at the stockpile locations specified by the City. Stockpiling shall be accomplished in a manner that prevents the mixing of the topsoil with other soils. After trail and stormsewer installation the Contractor shall respread the salvaged topsoil uniformly over the disturbed area. VV Boardwalk Special Provisions 4 of 7 ' City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail 1 All cost associated with stripping, salvaging, and stockpiling and respreading topsoil shall be considered incidental to the project. 10. SPECIFICATION REFERENCE: Where referenced is made to the Minnesota ' Department of Highway Specifications and where reference to the word Department" is mentioned, it is understood to that the word"Owner"is substituted. All reference to the word"Engineer" shall be substituted with ' "Public Works Director". 11. TEST AND INSPECTIONS: The Owner shall pay for all material and density tests required in the specification. The Contractor will be responsible to assist the Public Works Director by notification of the pit and scale location and other correlated items in advanced of starting work. If any test fail to meet the specifications,the Contractor shall reimburse the Owner for the cost of all subsequent tests to ensure compliance with the specifications. The Owner will be ' making periodic inspections of the work site and any off site location where construction activities related to the project are performed. Contractor will assist the owner in gaining access to off site locations to inspect the work in progress. ' The Contractor will provide the Owner a minimum of 24 hour advanced notice when each phase of the project is ready for an inspection. ' 12. SCALE: The Contractor shall provide the necessary scale and scale person for weighing the items furnished on a ton basis under these specifications. The scale ' setup is subject to the approval of the Public Works Director. The Contractor shall provide the necessary weights used in testing the scale. ' All materials furnished to this project on a ton basis shall have an assigned weight ticket with the following information on each ticket. 1. Date 2. Ticket Number 3. Supplier or pit locations ' 4. Project name 5. Truck ID 6. Type of material 7. Gross,tare, and net weights. Copies of all weight tickets must be provided to the Public Works Director upon ' his request. 12. PRECONSTRUCTION CONFERENCE: Prior to starting work,the Contractor ' shall meet with Owner to discuss the method and means of supply, a work schedule as to construction phases, and general review of the plans and ' specifications. VV Boardwalk Special Provisions 5 of 7 City of Oak Park Heights ' Specifications Valley View Park Boardwalk and Trail 13. QUANTITY DEVIATIONS: The quantities for certain items listed in the I Proposal are the Engineer's best estimate of the required quantities. The quantities stated are not guaranteed and the actual extent of work to be performed will depend on site conditions at the time of construction. Class 5 aggregate,Rip Rap, and excavation quantities are more likely to vary than other items. The Owner prior to construction will confirm the quantities for each size of culvert and each length of deck section.No unit price adjustment for any magnitude of increased or decreased quantities is allowed for any line item stated in the proposal. I 14. SITE SURVEY AND SUPPORT LOCATIONS: Prior to construction the Owner will provide an elevation benchmarks on site and stake the locations for each I support. 15. AWARD OF CONTRACT: Only one award will be made that being the low ' combined total of all work from the low responsible bidder stated as Total Base Bid. All Contractors are advised that the normal bidding procedure for Oak Park Heights projects is to receive bids on Thursday and to award the project on the , following Tuesday at the normal scheduled City Council meeting. The award of made may be delayed at the pleasure of the City Council. No additional cost will be allowed or considered for additional costs related to the any delay in the project. 16. EQUAL OPPORTUNITY AFFIRMATIVE ACTION COMPLIANCE: The City of Oak Park Heights is an Equal Opportunity and Affirmative Action employer. The contractor with the City is required to follow and conform to applicable federal, state and City laws as they apply to the Contractor's duty for Equal Opportunity and Affirmative Action employment. It is the Contractor's responsibility to insure compliance with Equal Opportunity and Affirmative Action requirements. Failure to comply with applicable Equal Opportunity and Affirmative Action employment requirements may lead to Contractor sanctions. 17. OUT-OF-STATE CONTRACTOR SURETY DEPOSIT: When an Out-of State Contractor enters into a contract that exceeds $100,000.00;the Contractor must file Form SD-E,Exemption from Surety Deposits for Out-of State Contractors, with the Minnesota Department of Revenue. It the Contractor is exempt from the surety deposit requirements,he shall provide the City with a copy of the form showing the Revenue Department certification. If the Contractor is not exempt, the City will withhold an additional eight(8)percent of each payment made to the Contractor and forward those funds to the Minnesota Department of Revenue. Forms and information can be obtained by calling (651) 296-6181 or(toll free) 1- 800-657-3777. VV Boardwalk Special Provisions 6 of 7 ' City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail 1 18. CERTIFICATES OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 ' &290.97: Upon completion of the project and prior to final payment the contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form,Affidavit for Obtaining Final ' Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions,is to be signed by the Department of Revenue representative and forwarded to the City of Oak Park heights. Copies of this form can be obtained by writing to the Minnesota Department of Revenue,Forms Section, Centennial Office Building, St. Paul,Minnesota 55145 or calling(651) 297-3737, 1 t 1 VV Boardwalk Special Provisions 7 of 7 City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail SUBMITTALS ' 1. SUBCONTRACTOR LIST: Prepare and submit a complete list of all 1 subcontractors, including the subcontractors' names, business addresses, telephone number, and contacts prior to or at the pre-construction 1 meeting. The subcontactor's list should also include the proposed material suppliers including class 5 gravel and rip rap sources. If the boardwalks are to be constructed off site the construction location should be listed along with contacts and telephone number of the site. 2. PROJECT SCHEDULE: Prepare and submit an estimated project schedule, prior to or at the pre-construction meeting, indicating the planned start and completion dates for each project element. At a minimum the project schedule should include: mobilization, boardwalk section construction, storm sewer construction, trail grading, trail 1 installation, boardwalk support structure construction, placement of boardwalks, and site restoration. The Owner will prepare an inspection schedule based on the Contractor's project schedule. Project and inspection schedules will be updated on Monday on each week. 3. SHOP DRAWINGS AND PRODUCT DATA: If shop drawings are din produced for an alternate design of the boardwalk, five copies of the shop drawings will be submitted for review and approval by the owner. Make all shop drawing accurately to a scale sufficiently large to show all pertinent details. ' 4. PAYMENT: Payment for all submittals shall be incidental to the cost of ' the project. 1 t Valley View Park Boardwalk and Trail 1 of 1 Submittals ' City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail Protection and Adjustment of Structures Protection of Structures: The Contractor will be responsible for the protection of all ' structure from damage from any construction activity,to include but not limited to,rough and final grading. Adjustment of Manhole Frame: Upon final grading the stormsewer manhole and frame will be adjusted such that the top on the manhole is a minimum of 0.1 feet and a maximum of 0.2 feet above final grade at the highest point of final grade surrounding the frame. The final grade and manhole frame elevation will be subject to approval by the Engineer. ' Adjustment of Bee Hive Catch Basin: The bee hive catch basin located at the edge g of the abandoned railroad bed will be adjusted such that water will flow into the catch basin from all directions. Payment: Payment for adjustments will be included in the price of the manhole. ill t II it Protection and Adjustment of Structures 1 of 1 City of Oak Park Heights ' Specifications Valley View Park Boardwalk and Trail Clearing and Grubbing Description: This work shall consist of cutting of brush,trees, loose stumps and windfalls,removing roots and stumps from the ground and disposing of the resultant debris in accordance with Mn/DOT Specification 2101. Clearing Limits: Clearing and grubbing will be limited to the minimum area necessary to 1 complete the installation of the boardwalk,trail and storm sewer. No clearing or grubbing will be permitted in outside of the limits of the abandoned roadbed through the wetland area. Tree Protection: The path construction will pass within 20 feet of a large Oak tree that is to be protected from construction damage. The Engineer will clearly mark the tree prior to construction. If the contractor deems that that branches of the trim are to be trimmed to prevent construction equipment form causing any damages the trimming must be performed by a licensed tree trimmer,with the approval of the City Arborist,and all cut surfaces will be sealed immediately to minimize the threat of Oak Wilt. Any accidental damage to an Oak tree will be immediately(within one hour of the damage)trimmed and 1 sealed. The root zones of trees will be protected. Driving over,parking of equipment, storage of , materials or otherwise compacting,or crushing the root zones of trees will be prohibited except within the limits of the trail and the stormsewer excavation. As much as possible the trail route will be used for movement of equipment. Brush: All brush shall be cut even with the ground surface. Brush shall be construed to be all brush, shrubs,or other vegetation which can be cut with a brush scythe, as well as , trees having an average diameter of less than four(4) inches at a point 2 feet above the ground. Grubbing: Stumps and roots shall be removed from all cleared area. All depressions below the final surface of the ground, resulting from the grubbing operations, shall be backfilled and compacted with approved material. ' Disposal: All timber, brush, stumps and all debris will be disposed of in a licensed recycling facility for organic material and at a licensed offsite construction material landfill for non-organic material. Payment: Payment for clearing and grubbing will be lumps sum as shown in the , proposal. 1 1 Clearing and Grubbing 1 of 1 ICity of Oak Park Heights Specifications Valley View Park Boardwalk and Trail I Excavation and Embankment I Description: This work shall consist of shaping and grading to the trail route through the Iprairie area and removal of the loose material above the abandoned roadbed through the wetlands. IPrairie Trail Common Excavation: Common excavation on the prairie portion of the trail will consist of the removal of soil over the 10 foot wide trail right of way. The soil will I be excavated to 6 inches of depth at the downhill limit of the excavation. The bottom of the excavation shall be essentially horizontal for the 10 foot width of the trail. I Wetland Trail Common Excavation: Soil removal along the wetland portion of the excavation will be 8 foot in width and only to remove loose material which has accumulated above the abandoned roadbed. Excavation will stop upon exposure of the Iroad gravel. Storage of Excavated Material: Topsoil from the excavation will be stockpiled in I designated locations in sufficient quantity as needed to restore disturbed areas and for the path shoulders along the wetland portion of the trail. Excess material will be disposed of on site as specified by the engineer. In general the disposal sites will be along the ' abandoned railroad bed near where it intersects with trail and at a site approximately 500 feet south of this location. IDrainage of Excavation: The Contractor shall be responsible for all drainage of excavated areas and sub-cuts and shall provide and maintain all permanent and temporary drainage channels, ditches, drainage swales, and/or culverts required within the project Iarea as incidental to the work. Inspection: If the contractor encounters soft soils that will not compact to form a firm Isubgrade the Contractor will inform the Engineer. The Engineer will inspect the excavation and additional excavation can be ordered to correct soft soils encountered. IMeasurement: Prior to any excavation or embankment the Engineer shall cross section the entire project area. The Engineer will be notified 24 hours in advance of completion of the excavation in order to cross section the completed excavation and determine Iexcavated quantities. Volumes will be calculated by the average end area method as determined from the original and final cross sections. 1 Payment: Common excavation shall be paid for at the bid unit price. Quantities for common excavation are subject to change from the quantity stated on the proposal with I no additional compensation to the bid unit price. The finnl quantitiy to be paid will be computed based on the actual cross sections as determined by field measurements during construction. Payment at the bid unit price shall be considered compensation in full for Excavation and Embankment 1 of 2 City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail all cost of excavation, salvaging only suitable materials as directed by the engineer, placement and compaction of excavated material, and disposal on site. 1 1 1 1 1 1 t 1 Excavation and Embankment 2 of 2 ' City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail Subgrade Preparation Description: This work shall consist of compacting the soil within the excavation for the prairie trail and compacting the exposed abandoned roadbed within the wetland to form a firm foundation for building the trail. Prairie Trail Subgrade Preparation: The 10 foot wide excavation shall be compacted using a drum or pad foot compactor. ' Wetland Trail Subgrade Preparation: The 8 foot wide exposed roadbed shall be compacted using a drum or pad foot compactor. Subgrade Inspections: 24 hours prior to completion of the subgrade compaction the Engineer will be informed of the estimated completion time. The Engineer will inspect the subgrade prior to installation of the Class 5 gravel aggregate base. Soft areas will be excavated and refilled with granular borrow material and recompacted. Payment: Subgrade preparation shall be paid for at the bid unit price. Quantities for subgrade preparation are subject to change from the quantity stated on the proposal with no additional compensation to the bid unit price. The final quantity to be paid will be computed based on the length of the prairie section of the trail by 10 feet width and the wetland trail length and 8 foot of width. Payment at the bid unit price shall be considered compensation in full for all cost of subgrade preparation. III ' III ' III ' Subgrade Preparation 1 of 1 II , City of Oak Park Heights ' Specifications Valley View Park Boardwalk and Trail Aggregate Base Reference: Section 2211 of Mn/DOT : Standard Specification for Construction" 1988 Edition and all amendments thereto shall apply except as modified or altered in this specification. Description: This work shall consist of placing compacting and leveling class 5 aggregate base material for the prairie and wetland trails. Aggregate: Aggregate material used in this project shall consist of Mn/DOT Class 5 aggregate base. Construction Requirements: Prior to aggregate base placement,the Engineer shall inspect the surface of the excavation. The Contractor is to construct the aggregate base to the depth,width and slope as shown on the typical section and plan. The aggregate base shall be graded to a tolerance of 0.05 feet plus or minus based on the typical section. Prairie Trail Aggregate Base: Class 5 aggregate gravel will be placed and compacted to a depth of four inches in the 10 foot wide through the prairie. The aggregate base will be leveled in preparation for the installation of the bituminous trail. , Wetland Trail Aggregate Base: Class 5 aggregate gravel will be placed and compacted to a depth of four inches over the 8 foot wide trail over the abandoned roadbed. The ' aggregate base will be leveled in preparation for the installation of the bituminous trail. Inspection: 24 hours prior completion of the aggregate base placement, compaction and ' leveling the Engineer will be informed of the estimated completion time. The Engineer will inspect the aggregate base prior to the placement of the bituminous trail. Payment: Aggregate base material shall be paid for at the bid unit rice by the ton P Y compacted in place. Quantities for aggregate base are subject to change from the quantity stated on the proposal with no additional compensation to the bid unit price. Copies of all weigh tickets will be collected at the site and provided to the Engineer. Payment at the bid unit price shall be considered compensation in full for all cost of placing, compacting and leveling the aggregate base. If the aggregate base course material is being wasted or placed excessively thick, the Engineer reserves the right to deduct quantities that are in excess of plan thickness. Said quantities shall be based on material weighting 110 pounds per square yard of are per inch of thickness. , Aggregate Base 1 of 1 City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail Plant Mixed Bituminous Pavement ' Reference: Unless otherwise noted and modified herein, all sections on Mn/DOT Supplemental Specifications dated May 2, 1994, Section 2340 shall apply. ' Description: This work shall consist of placing compacting a two inch thick hot,plant- mixed P g �P mixed bituminous-aggregate mixture Type 41A wear course of the specified widths ' shown on the trail sections and these specifications. Materials: ' A. Aggregate: A Aggregate shall conform to the requirements of section 3139 and the gradations for each type of mix as indicated in table 3139-1, or specifically as follows: Mix Type 41 —Aggregate Size A Pathway,Parking Lot Wear Course Mix Designation 41 WEA 50055 ' B. Bituminous Material: Bituminous material shall conform to Mn/DOT "Standard Specifications for performance graded asphalt" The Performance ' Grade Asphalt Cement shall be PG58-28. Restrictions: The wear course mixture shall not be placed when the air temperature,in ' the shade and away from artificial heat, is 50 degrees or less, unless approved by the Engineers. ' Plant Operations: All bituminous mixtures shall be furnished by a Contractor's Certified Plant for Bituminous Mixtures, adhering to Mn/DOT's certification program. ' Contractor Testing: The Contractor shall be required to perform quality control testing for all bituminous mixtures, in accordance to Mn/DOT Section 2340.3E3. ' Compaction Operations: Compaction requirements shall conform to Mn/DOT Specification 2340.3H2 as modified specified density method. Each required lift of bituminous mixture shall be uniformly compacted to a density not less than 91%of the ' maximum specific gravity value. Sufficient compaction equipment of proper size and good mechanical condition shall be used to compact the mixture to specified requirements. Thickness Requirements: After compaction,the thickness of the trail wear course shall ' be 2 inches+/- 1/4 inch. Any course constructed and material used in excess of the specified thickness plus 1/4 inch will be excluded from the pay quantities, except where prior authorization was received from the Engineer for additional thickness. Prairie Trail: Place and compact a two (2)inch thic k by ten(10) foot wide Type 41A hot, plant-mixed bituminous-aggregate wear course over the length of the prairie trail. The Plant Mix Bituminous Pavement 1 of 2 City of Oak Park Heights ' Specifications Valley View Park Boardwalk and Trail trial shall be level across its width to a maximum of one half inch dip to the downhill side over the 10 foot width. Wetland Trail: Place and compact a two (2) inch thick by eight(8)foot wide Type 41A hot,plant-mixed bituminous-aggregate wear course over the length of the prairie trail. The trial shall be level across its width to a maximum of one quarter inch dip to the either side. Inspection: 24 hours prior to the placement of the bituminous trail Engineer will be ' informed. Payment: Bituminous mixture shall be paid for at the bid unit price by the ton of material ' placed and accepted. Quantities are subject to change from the quantity stated on the proposal with no additional compensation to the bid unit price. The final quantity to be paid will be computed based on the tonnage delivered to the site and accepted. Copies of 111 all weigh tickets will be collected at the site and provided to the Engineer. Payment at the bid unit price shall be considered compensation in full for all cost of placing and compacting the trail. The cost of Contractor testing will be incidental to the bituminous mixture pay item If bituminous paving material is being wasted or placed excessively thick,the Etaneer ' reserves the right to deduct quantities that are in excess of the plan thickness. Said quantities shall be based on bituminous material weighing 110 pounds per square yard of area per inch of thickness. 1 1 1 1 Plant Mix Bituminous Pavement 2 of 2 I City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail I Boardwalk Construction 1 Description: This work shall consist of construction and placement of six(6)foot wide Iboardwalk sections supported above the abandoned road through the wetlands by recycled concrete conduits and CCA Treated timbers. IMaterials: I A. Wood Timber Ground Supports: Wooden Timber supports that contact the ground will be 4X6 or 6X6 timbers CCA treated to 0.6 retention. ' B. Wood Supports on Conduits: Wood used to adjust the height of the concrete conduit supports will be 2X6,4X6, or 6X6 CCA treated to 0.6 retention. C. Wood for Boardwalk Sections: Wood used for boardwalk sections will be ' b CCA treated to 0.4 retention. D. Hardware: Deck screws,bolts,tiedowns and other metal hardware used for the construction of the boardwalks section will be galvanized. ' E. Concrete Conduit Supports: The concrete conduits to be used to support the boardwalk section are supplied by the City and have been pre-staged on 56th Street. IGeneral Boardwalk Dimensions: All boardwalks will be six(6) foot wide. The 12 and 14-foot length sections will be constructed of 2X10 joist 16 inches on center. Headers at I each end of the sections will be constructed with two 2X10. The 16-foot section that is required to span the central channel will use 2X12 joist and 2X12's for the double headers. Decking material will be 6 foot lengths of 2X6 screwed to each joist with two 3 inch galvanized deck screws. Screw holes for connecting to the outside joist will be pre- ' drilled to prevent splitting. Toeboards will be installed along all sections without railings. Toeboards will consist of I4X4 timbers supported on 2X4 boards and attached at the edges of the boardwalk sections. IHurricane tiedowns will be used to attach boardwalk sections to timber supports. Galvanized angles will be used to connect timber supports or boardwalk section to concrete conduits. Galvanized bolts will be used to connect the angles to the deck Isections. Galvanized deck screws will be used to connect angles to timber supports. Connection of the angle to the concrete conduit will be by 3/8-inch concrete sleeve ianchors. Boardwalk Construction 1 of 2 City of Oak Park Heights Specifications r Valley View Park Boardwalk and Trail Substitutions: Substitutions of equivalent materials can be made only with the prior r approval of the Engineer. Inspection: The Contractor will inform the Engineer of the location that the deck sections ' are being constructed prior to the start of the construction. The Engineer will visit the construction site during the early stages of construction. Payment: Payment will be on a per unit basis as shown in the proposal. p P Po r 1 r 1 r r r r r r r r r Boardwalk Construction 2 of 2 City of Oak Park Heights Specifications Valley View Park Boardwalk and Trail Storm Sewer Construction Description: Storm sewer will be installed to control erosion from the water flow from the upper portion of Valley View Park. The system will consist of a beehive catch basin at the abandon railroad bed over a 4 foot diameter drop manhole with a 3 foot deep sump. 1 The outlet of the manhole will be a run of 12 inch RCP to the second drop manhole at Station 00+75. From the second manhole will be a run of 12 inch RCP to a surge basin surrounded by Class III rip rap. 1 Manhole Sta00+00: 4 foot diameter by 15 foot deep manhole structure, outlet for 12 inch RCP at 12 feet, 3 foot sump, inlet will be a Neenhah R-2560-G or equivalent beehive inlet. Manhole Sta00+75: 12 foot drop manhole with a Neenhah R-1642-B casting. Surge Basin: Surge basin will be an Elk River Concrete Surge Basin for 12 inch pipe. The area surrounding the surgebasin will be filled with approximately 5 CY of Class III ' rip rap resting on Geotextile fabric and granular fill material. Granular fill material will be obtained from the washout area adjacent to the stormsewer. The cross section of the rip rap shall be such as to maximize the area where the water flows into the prairie and minimizes erosion. Installation: Pipes will be installed per Mn/DOT Spec 2501 —Culverts. Payment: Payment will be on a per unit basis as shown in the proposal. Quantities are subject to change from the quantity stated on the proposal with no additional compensation to the bid unit price. • II ' II Storm Sewer Construction 1 of 1 III City of Oak Park Heights I Specifications Valley View Park Boardwalk and Trail Restoration and Turf Establishment Description: This work shall consist of restoring disturbed areas to original or specified final grade. The City's prairie restoration contractor will plant prairie mix to match the previous restoration efforts under a separate contract with the City. Topsoil: Stockpiled topsoil from the trail and storm sewer excavation will be used for all 1 site restoration. The areas to be restored will be covered generally with 2 to 3 inches of topsoil evenly spread and lightly compacted. 1 Coordination: Approximately 2 weeks prior restoration the Contractor will inform the Engineer who will coordinate with the prairie restoration contractor. 1 Payment: Payment for topsoil placement on a unit price basis per the proposal. Quantities are subject to change from the quantity stated on the proposal with no additional compensation to the bid unit price. 1 1 1 i 1 1 1 1 1 1 Restortation and Turf Establishment 1 of 1 11 1 ICONDITIONS OF THE CONTRACT INDEX i SECTION 1 DEFINITIONS SECTION 2 BIDDING REQUIREMENTS 11 1 SECTION 3 AWARD AND EXECUTION OF CONTRACT, PROGRESS I'' 1 AND COMPLETION OF WORK SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE SECTION 5 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 11 I SECTION 6 INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY ISECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS,ARBITRATION AND INDEMNIFICATION ' 1 SECTION 8 MATERIALS,EQUIPMENT, INSPECTION AND WORKMANSHIP SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE ISECTION 10 CHANGES IN THE WORK SECTION 11 CHANGES OF CONTRACT PRICE AND CONTRACT TIME ISECTION 12 SUSPENSION OF WORK AND TERMINATION SECTION 13 MISCELLANEOUS 1 FORM OF AGREEMENT PERFORMANCE BOND LABOR AND PAYMENT BOND 1 1 Conditions of the Contract Contents I CONDITIONS OF THE CONTRACT TABLE OF CONTENTS SECTION 1 -DEFINITIONS 1.1 ACTS OF GOD 1.2 ADDENDA 1.3 AGREEMENT 1.4 BID SECURITY 1.5 BIDDER 1.6 CONTRACT 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE 1.9 CONTRACTOR 1.10 CHANGE ORDER 1.11 DAY 1.12 DEFECTIVE 1.13 DRAWINGS 1.14 ENGINEER 1.15 FIELD ORDER ' 1.16 FINAL COMPLETION 1.17 MODIFICATION 1.18 NOTICE OF AWARD 1.19 NOTICE TO PROCEED 1.20 OWNER 1.21 PERFORMANCE AND PAYMENT BONDS 1.22 PROJECT ' 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE 1.25 SHOP DRAWINGS 1.26 SPECIFICATIONS 1.27 SUBCONTRACTOR 1.28 SUBSTANTIAL COMPLETION 1.29 SURETY ' 1.30 WRITTEN NOTICE 1.31 WORK Conditions of the Contract Contents I I TABLE OF CONTENTS (CONT'D) SECTION 2 -BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE 2.4 ADDENDA 2.5 PREPARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS 2.7 BID SECURITY I 2.8 DELIVERY OF PROPOSAL 2.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION SECTION 3 -AWARD AND EXECUTION OF CONTRACT,PROGRESS & COMPLETION OF WORK I 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 3.3 FAILURE TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION ' 3.8 COMPUTATION OF TIME 3.9 LIQUIDATED DAMAGES , SECTION 4 - CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES i 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE ' 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE 4.7 DIMENSIONS I Conditions of the Contract iii Contents I ITABLE, OF CONTENTS (CONT'D) SECTION 5 -AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 1 5.1 AVAILABILITY OF LANDS 5.2 PRIVATE PROPERTY I5.3 SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 -INSURANCE AND BONDS. LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE I 6.2 PERFORMANCE AND OTHER BONDS 6.3 PATENTS,FEES AND ROYALTIES , • 6.4 PERMITS AND LICENSES 6.5 LAWS, REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES SECTION 7-ENGINEER-OWNER-CONTRACTOR RELATIONS. ARBITRATION& INDEMMECATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.2 CONTRACTOR'S RESPONSIBILITIES 7.3 OWNER'S RESPONSIBILITIES 7.4 ASSIGNMENT OF CONTRACT 7.5 RIGHTS OF VARIOUS INTERESTS 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS 7.9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS 7.11 ARBITRATION 7.12 INDEMNIFICATION I 1 Conditions of the Contract iv Contents I 1 TABLE OF CONTENTS (CONT'D) SECTION 8 -MATERIALS, EQUIPMENT, INSPECTION AND WORKMANSHIP ' 8.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8.2 EQUIVALENT MATERIALS AND EQUIPMENT i 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE OF MATERIALS I 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF WORK 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK i 8.12 CUTTING AND PATCHING 8.13 WARRANTY AND GUARANTEE 8.14 CORRECTION PERIOD 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK 8.16 ACCEPTANCE OF DEFECTIVE WORK 8.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK 1 SECTION 9-MEASUREMENT,PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT I 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZATION i 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT , 9.11 FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9.13 WAIVER OF CLAIMS 1 Conditions of the Contract v Contents TABLE OF CONTENTS (CONTD) SECTION 10- CHANGES IN THE WORK 10.1 CHANGE ORDERS ' 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOMMENDATIONS 1 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS 1 10.7 WORK DURING AN EMERGENCY SECTION 11 -CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE 11.4 CHANGE OF CONTRACT TIME SECTION 12 - SUSPENSION II 1 OF WORK AND TERNIlNATION 12.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 12.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE SECTION 13 -MISCELLANEOUS 13.1 LIMITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC. 13.5 SANITARY PROVISIONS I13.6 PRESERVATION OF HISTORICAL OBJECTS 13.7 USE OF PREMISES FORM OF AGREEMENT PERFORMANCE BOND ILABOR AND MATERIAL PAYMENT BOND j Conditions of the Contract o tract vi Contents 1 CONDITIONS OF THE CONTRACT I SECTION 1 DEFINITIONS 1. 1 ACTS OF GOD 1 An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, f n tore, uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA 1 Written or graphic instruments issued prior to the opening of Bids, which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT ' The Agreement is the written document executed by the Owner y and Contractor covering the performance of.the Work described in the Contract Documents. 1.4 BID SECUITY The Bid Security,where required by the Advertisement or Information to Bidders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire p and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. I 1 II Conditions of the Contract 1-1 Section 1 i I 1.7 CONTRACT DOCUMENTS The Contract Documents consist of the following, including all Addenda issued prior to the I opening of bids,Field Orders, Change Orders or other Modifications issued after execution of the Agreement: I (a)Drawings, (b) Specifications: (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); I (2) Special Provisions; I (3) General and Specific Requirements; (4) Conditions of the Contract(General and other conditions); (5) Performance Bond and Labor and Material Payment Bond; Ym , I (6) Form of Agreement; (7) Detail Plates and other drawings attached to specifications; I1.8 CONTRACT PRICE ' The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. 1.9 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the IContract Documents. 1.10 CHANGE ORDER IA written order to Contractor signed by Owner authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective Idate of the Agreement. 1.11 DAY IA calendar day of twenty-four hours measured from midnight Y tY gh to the next midnight. II Conditions of the Contract 1-2 Section 1 1.12 DEFECTIVE Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract tract Documents. 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 1.14 ENGINEER I The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. I 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. I 1. 16 FINAL COMPLETION The Work, including any punch list items, has been S y p completed in all respects in accordance with the Contract Documents. 1. 17 MODIFICATION (a) A written amendment of the Contract Documents signed by both parties, (b) a Change t Order, or(c)a Field Order. 1. 18 NOTICE OF AWARD ' The written notice by Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Agreement. 1. 19 NOTICE TO PROCEED A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligation under the Contract Documents. Conditions f the C , of Contract 1-3 Section 1 I I1.20 OWNER The Owner is the person or entity or authorized representative thereof named in the Contract IDocuments. 1.21 PERFORMANCE AND PAYMENT BONDS IThe Performance and Payment Bonds are the approved form of security furnished by the I Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful performance under the Contract Documents and the payment of all obligations arising thereunder. 1.22 PROJECT IThe total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. I1.23 PROPOSAL IThe Proposal is the offer of a bidder to perform the Work described in the Bid Documents when made out and submitted on the prescribed Proposal form,properly signed and secured. I1.24 RESIDENT PROJECT REPRESENTATIVE IThe authorized representative of the Engineer who is assigned to the site or any part thereof. 1.25 SHOP DRAWINGS IAll drawings, diagrams, illustrations, schedules and other data which are specifically prepared by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance Icharts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the Work. I1.26 SPECIFCATIONS IThat portion of the Contract Document generally bound in booklet form and consisting of the documents identified in Paragraph 1.7 (b) of the Conditions of the Contract. I1.27 SUBCONTRACTOR I The Subcontractor is the person or other entity having a direct contract with the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any separate Contractor or his Subcontractor or any material suppliers. I Conditions of the Contract 1-4 Section 1 I 1 128 SUBSTANTIAL COMPLETION The Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. ' 1.29 SURETY A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment Bonds. 1.30 WRITTEN NOTICE Written Notice shall be deemed to have been served if delivered in person or sent by registered , or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the Work. 1.31 WORK , The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. i i 1 Conditions of the Contract 1-5 Section 1 I ICONDITIONS OF THE CONTRACT SECTION 2 IBIDDING REQUIREMENTS I2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. I2.2 INTERPRETATION OF QUANTITY ESTIMATES IThe schedule quantities as listed in the Proposal are to be considered approximate only and may be increased, decreased or omitted as necessary to complete the Work as described in the Contract Documents. I2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE 111 Each Bidder is required to examine carefully the site of the Work, the Proposal Forms, Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has made such examination, has familiarized himself with the conditions to be Iencountered, the character, quality and quantity of work to be performed and material to be furnished and has correlated his observations with the requirements of these Contract IDocuments. 2.4 ADDENDA IAny Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made part of the Contract Documents. Receipt of each Addendum shall be Iacknowledged by the Bidder in his Proposal. 2.5 PREPARATION OF BID IThe bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any Iinterlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal shall be signed in ink by the individual or authorized representative making the Proposal. 1 2.6 RESERVATIONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They Iwill be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if such reservations or exceptions constitute a substantial deviation from the advertised terms and conditions, their Proposals may be rendered non-responsive. The Bidder shall make no I additional stipulations on the Proposal nor qualify it in any other manner. IConditions of the Contract 2-1 Section 2 1 2.7 BID SECURITY 1 If so stipulated in the Advertisement for Bids,or Information to Bidders, each Proposal shall be accompanied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required, furnish bonds as described hereunder in Section 6 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either(a)the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Proposals may be withdrawn, or(c)all Proposals have been rejected. 2.8 DELIVERY OF PROPOSAL Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS ' Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. ' 2. 10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omissions, alterations, , irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further , acknowledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Documents. In any event, the Owner reserves the right to waive any informalities, irregularities or minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum price Proposals, comparison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. 1 Conditions of the Contract 2-2 Section 2 I I2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal,each Bidder certifies that: I (a) The prices in the Proposal have been arrived at independently,P p y,without consultation, communication or agreement as to any matters relating to such prices with any other bidder Ior with any competitor for the purpose of restricting competition; I (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the Owner's opening of the Proposals; I (c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. I 1 1 I I 1 1 1 1 I II IConditions of the Contract 2_3 Section 2 1 CONDITIONS OF THE CONTRACT SECTION 3 AWARD AND EXECUTION OF CONTRACT, PROGRESS & , COMPLETION OF WORK 3.1 AWARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and within the time limit established in the Advertisement for Bids,the Owner will send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond,where required. 1 3.2 EXECUTION OF AGREEMENT The lowest responsible bidder shall, within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above specified, the Owner may have the option to annul the award and retain the Bid Security accompanying the Bid as liquidated damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt. 3.4 RETURN OF BID SECURITY ' All Bid Securities, except that of the lowest responsible bidder, will be returned within 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest responsible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set forth in the Notice to Proceed. ' Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. 1 Conditions of the Contract 3-1 Section 3 1 ' 3.6 CONTRACT TIME The Contractor shall complete, in an acceptable manner, all of the Work contracted for in the ' time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. Written notice of the Contractor's claim for such extension shall be given within I ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. 1 3.7 SCHEDULE OF COMPLETION I The Contractor shall submit, at such time as may reasonably be requested by the Engineer, schedules which shall show the order in which the Contractor proposes to carry on the Work, with dates at which the Contractor will start the several parts of the Work and estimated dates Iof completion of the several parts. 3.8 COMPUTATION OF TIME I When any period of time is referred to in the Contract Documents by da y s, it shall be computed d 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 shall be omitted from the computation. I3.9 LIQUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner will be 1 entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. I3.9.2 Should the Contractor fail to complete the project on or before the specified date, liquidated damages in the amount specified in the Special Provisions shall be deducted from Iany monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein I because of the extreme difficulty of ascertaining and establishing the actual damages which the Owner would sustain. 1 1 I IConditions of the Contract 3-2 Section 3 1 CONDITIONS OF THE CONTRACT , SECTION 4 1 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4. 1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the Work. They may be altered only by a written Change Order. 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Documents, he shall report it to engineer in writing at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society,organization or association, or to the code of any governmental authority,whether such reference be specific or by implication, shall mean the latest standard specification, manual or code 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. However, no provision of any referenced standard specification,manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents , shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the Project. I 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the terms or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4. 1,the conflict shall be resolved by applying the following Order of Precedence: , (a)Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; Conditions of the Contract 4-1 Section 4 t (e) General Requirements; (f)Drawings. I4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly Iinsignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assume the risk of loss Iarising out of any such conflict,ambiguity,or discrepancy. I4.4 ADDITIONAL INSTRUCTIONS Further or additional instructions may be issued by the Engineer during the progress of the Work I by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered to Engineer for Owner upon completion of the Work. I4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE ' All original Drawings and Specifications and other data furnished by the Engineer are and shall remain his property. Copies thereof will be furnished to Owner and are to be used only with respect to this Project and are not to be used on any other project or extensions of this Project without the i ' prior written consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. I 4.7 DIMENSIONS IFigured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts, ambiguity, or discrepancy shall be immediately brought to the attention of the Engineer before proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to the attention of the Engineer such conflict, ambiguity, or discrepancy. I I IConditions of the Contract 4-2 Section 4 1 CONDITIONS OF THE CONTRACT SECTION 5 , AVAILABILITY OF LANDS,PHYSICAL CONDITIONS,REFERENCE POINTS 5.1 AVAILABILITY OF LANDS ' 5. 1.1 Owner shall furnish, as indicated in the Contract Documents,the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense,provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPFRTY , The Contractor shall not enter upon private property for any purpose without obtaining written permission from the owner thereof, and he shall be responsible for the preservation of all property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance or damage all monuments and property markers until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS ' Unless otherwise specified,the Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the information provided by the Owner, the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks,reference points and stakes. 5.4 UTILITIES The Contractor shall be solely responsible for verifying the exact location of all utilities, , whether or not shown on the Drawings or referenced in the Specifications. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project Conditions of the Contract 5-1 Section 5 1 1 1 Iarea. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of Iconstruction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support 1 for such lines to prevent any detrimental displacement,rupture or other failure. 5.5 INVESTIGATIONS IReference is made to the Contract Documents for identification of those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise I affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general information only. Contractor shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. I I 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent Iphysical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly 1 thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order shall be issued incorporating the necessary revisions. 1 1 I i1 Conditions of the Contract ntract 5-2 Section 5 I 1 CONDITIONS OF THE CONTRACT RACT SECTION 6 1 INSURANCE,AND BONDS,LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained ' all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the Owner and Engineer of intent to cancel. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 day written notice to the Owner and Engineer of intent to cancel. This clause shall read as follows: "Should any of the above described policies be cancelled before the expiration p p ration date thereof, the issuing company will mail 30 days written notice to the certificate holder named to the left." 6.1.2 Workmen's Compensation & Employer Liability Insurance: The Contractor shall secure and maintain during the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at the site of construction. 6.1.3 Contractor Comprehensive General & Automobile Liability: The Contractor shall procure ' and maintain during the life of this Contract, Contractor's Comprehensive General and Automobile Liability Insurance which shall protect him from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: 1. Operations of Contractor. 2. Operations of Subcontractor(Contingent). Conditions of the Contract 6-1 Section 6 3. Products, including completed operations. This insurance is to be carried for a period of one year after completion or acceptance of the work. ' 4. Contractual Liability(See Section 6.1.5). 5. Property Damage. 6. Broad Form Property Damage. 7. All Owned,Non-Owned and Hired Vehicles. Minimum Limits-General Liability 1. Bodily injury $500,000.00 each occurrence $500,000.00 completed operations 2. Property damage $ 100,000.00 each occurrence $200,000.00 aggregate 111 Minimum Limits-Automobile Liability 1.Bodily injury $250,000.00 each person $500,000.00 each occurrence 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate It is required that basic exclusions for damage caused by explosion, collapse and damage to underground facilities, commonly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella Excess Liability Policy in a minimum limit of $ 1,000,000.00. Any Umbrella Excess Liability policy in excess of$ 1,000,000 may be utilized to meet the above listed basic coverages. II 6.1.4 Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $ 1,000.00. The Builder's Risk Insurance required herein shall apply to ro'ects involving construction of P J g structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction work, but any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the Work. Conditions of the Contract 6-2 Section 6 II� � If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. The Owner and Contractor waive all rights against each other and the Subcontractors and their ' agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided under this section or any other property insurance applicable to the work. 6.1.5 Contractual Liability Insurance: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under. this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements:Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will be responsible for maintaining all boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the interests of the Owner,the Contractor, Subcontractors and Sub-Subcontractors. Conditions of the Contract 6-3 1 Section 6 1 6.2 PERFORMANCE AND OTHER BONDS 6,2.1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also ' furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the ' Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 6.2.2 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 clauses (A) and (B) of Paragraph 6.2. 1, Contractor shall within ' five days thereafter substitute another Bond and Surety, both of which shall be acceptable to Owner. 6.3 PATENTS, FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the ' performance of the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or 1 device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by Owner in the Contract Documents. Contractor shall indemnify and hold harmless Owner and ' Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent ' rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.4 PERMITS AND LICENSES ' All permits and licenses necessary for the prosecution of the Work shall be secured s cured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. ' 6.5 LAWS.REGULATIONS AND SAFETY 6.5.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Specifications or Drawings are at variance Conditions of the Contract 6-4 Section 6 i therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws,ordinances,rules and regulations. , 6.5.2 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: (a)All employees on the Work and other persons who may be affected thereby; ' (b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and 1 (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders , of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue i until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 6.5.4 Contractor shall designate a responsible member of his organization at the site P g whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. I Conditions of the Contract 6-5 Section 6 t II 6.6 WARNING SIGNS AND BARRICADES I!I I The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. 1 ill II I � 1 Conditions of the Contract 6-6 Section 6 1 CONDITIONS OF THE CONTRACT ' SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS: ARBITRATION: INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is-proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. , 7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project representative to assist Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direction of the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to the Resident Project Representative those duties and tasks that are within the authority of the Engineer to perform. In general, the duties of the Resident Project Representative may consist of,but shall not be limited to,the following: 1. General contract administration. 2. Periodic observation of the work. 3. Unit price quantity and record plan measurements. 4. Schedule,perform and verify tests and inspections. 5. Monitor Contractor's progress performance. 6. Provide information for the Engineer's review and decision concerning disputes and defective work. 7.1.4 Engineer will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer 1 may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make ' a claim therefor as provided in Section 10 or Section 11. Conditions of the Contract 7-1 Section 7 t 1 ' 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as provided in Paragraph 8. ' 10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. ' 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any ' Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. ' 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in ' conformance to the requirements of the Contract. The Resident Project Representative's efforts are for the benefit of the Owner alone.Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or responsibility to the Contractor, any ' Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. The Resident Project Representatives authority shall not exceed limitations on Engineer's authority as set forth in the ' Contract Documents nor shall the Resident Project Representative undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's Superintendent. ' 7.1.8 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirements, direction, review or judgment of Engineer as to the Work, it is intended that such requirements, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never ' indicates that Engineer shall have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7. 1. 10. ' 7.1.9 Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ' Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ' 7.1.10 Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. ' 7.2. CONTRACTOR'S RESPONSIBILITIES ' 7.2. 1. The Contractor shall supervise 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. The Contractor shall be solely responsible for ' Conditions of the Contract 7-2 Section 7 the means, methods, techniques, quality of workmanship, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, , the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey lay and la out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials,equipment, inspection and workmanship are set forth in Section 8. 7.2.3. The Contractor's duties with respect to progress of the work are set forth in Section 3, paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The Contractor duties with respect to insurance and bonds, legal responsibility and safety are set forth in Section 6. 7.3. OWNER'S RESPONSIBILITIES 7.3. 1. The Owner shall issue all communications to the Contractor through the Engineer. ' 7.3.2. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments as provided to the Contractor promptly after they are due. 7.3.3. The Owner's duties in respect of providing lands and easements and providing, engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Conditions of the Contract 7-3 Section 7 1 ISuch reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. I7.3.4. In connection with the Owner's rights to request changes in the work in accordance with Section 10,the Owner(especially in certain instances as provided in paragraph 10.4)is obligated to execute Change Orders. 7.3.5. The Owner's responsibility in respect of certain inspections, tests and approvals is set Iforth in paragraph 8.10.2. 7.3.6. In connection with Owner's right to stop work or suspend work, see paragraphs 8.17 and ' 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF CONTRACT I The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written I p consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with his own organization, Work amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate I rp e stock shall release the Contractor of his liability under the Contract or Bonds. I7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is contiguous to IWork covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion of the various portions of the Work in general harmony. I7.6 SEPARATE CONTRACTS IThe Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other IContractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete his work in a satisfactory manner. His failure to notify the I Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the I Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. IConditions of the Contract 7_4 Section 7 7.7 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of subcontracts shall be subject to the following: 7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing , by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. ' 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 7.7.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade. 7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall pay Conditions of the Contract 7-5 , Section 7 i I Ieach Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6.1.4. I7.8 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of Ithe terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act I whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. I7.9 NONDISCRIN4INATIO IN EMPLOYMENT For Work under these Contract Documents,the Contractor agrees: I (a) That in the hiring of common or skilled labor for the performance of any work under this Contract or any subcontract hereunder,no Contractor,material supplier or vendor shall, I by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; I (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons from the performance of the IWork under this Contract on account of race, creed, color or national origin. (c) Violation of this section shall be cause for cancellation or termination of the IAgreement between Owner and Contractor. 7. 10 DECISIONS ON DISAGREEMENTS I 7.10.1 Claims, dis utes disa reements or o P g other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract I Documents shall be referred initially to the Engineer for decision which he will render in writing within a reasonable time. I7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer, except any which has been waived by the making or acceptance of final payment, shall be I subject to arbitration under Paragraph 7.11 below upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his written decision, or the tenth Iday after the parties have presented their evidence to the Engineer or have been given a reasonable opportunity to do so, if the Engineer has not rendered his written decision by that date. I 7.10.3 If a decision of the Engineer is made in writing and states tha t it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision IConditions of the Contract 7-6 Section 7 I may be made later than thirty days after the date on which the party making the demand , received the decision. The failure to demand arbitration within said days' period will in thirty Y P result in the Engineer's decision becoming final and binding upon on the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is c ac eptable to the parties concerned. 7.11 ARBITRATION 7.11.1 All claims, disputes and other matters in question 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, or barred by failure to demand arbitration within the time limits specified, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall include by consolidation,joinder or otherwise, any person or entity P tY (including the Engineer),not a party to this Agreement without the written consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. 7.11.2 Notice of the demand for arbitration shall be filed in writing with the other PAY to the Contract and with the American Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. t 7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings,unless otherwise agreed by him and the Owner in writing. 1 7.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims,ms, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or Conditions of the Contract 7-7 Section 7 i I obligation of indemnity which would otherwise exist as to any party or person described in this Section. ' In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation ' under this Section shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts,disability benefit acts or other employee benefit acts. I I I 1 I I I Conditions of the Contract 7_8 Section 7 I CONDITIONS OF THE CONTRACT SECTION 8 MATERIALS EQUIPMENT INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EQUEPMENT FURNISHED BY CONTRACTOR 8. 1.1 Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and ' sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. , 8.1.2 All materials used in the Work shall be of good quality, new unless otherwise provided for in the Contract Documents, shall meet the requirements of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 8.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned I and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 8.2 EQUIVALENT MATERIALS AND EQUIPMENT Whenever materials or equipment are specified or described in P the Drawings or Specifications ' by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in Y g in paragraphs 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. 8.2.1 Requests for review of substitute items of material and equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions q y called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with th the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that Conditions of the Contract 8_1 Section 8 I I specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs Iof redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. IEngineer will be the sole judge of acceptability, and no substitute will be ordered or installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any I substitute. I 8.2.2, Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in making changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall I reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. I8.3 MATERIALS FURNISHED BY OWNER I 8.3.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating any of the materials into the Work, the Contractor shall inspect the materials so furnished by the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shall notify the Engineer. I8.3.2 Unless otherwise noted or specifically stated, materials furnished by the Owner are I considered to be f.o.b. the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of materials Iat the point of delivery. 8.4 STORAGE OF MATERLA.LS IMaterials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, q I ary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the Owner or lessee thereof. I8.5 SAMPLES IAll samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor I shall furnish such samples of material as may be required for examination and testing. All IConditions of the Contract 8-2 Section 8 1 materials and workmanship shall be in accordance with approved samples. All samples of 1 materials for tests shall be taken according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA ' Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required by the Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the equipment is ordered. ' 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. ' 8.6.4 After review,this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and errors. , 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, , including those for connections, and shall order such sizes and shapes or equipment that the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, ' checked and approved the data to determine if they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field I Conditions of the Contract 8-3 Section 8 I I measurements and construction criteria, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field conditions. I 8.7 QUALITY OF EQUIPMENT AND MATERIALS I8.7.1 In order to establish standards of quality, the Engineer, in the Specifications, has referred to certain products by name and catalog number. This procedure is not to be construed as I eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is I no longer available, Contractor shall recommend to Owner and Engineer another product of comparable quality. I8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may require. I8.7.3 The Contractor shall abide by the materials or items of equipment are not recommended recommendation r installation and shall furnish substitute Ispecified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material 1 suppliers. The Engineer will review proposed substitutions and make his recommendation in writing within a reasonable time. I8.8 SHOP DRAWINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings Ias may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Engineer's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the Engineer at the time of the first submission Iof Shop Drawings and other drawings for approval. The Engineer's review of any drawings shall not release the Contractor from responsibility for such deviations. I8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field I measurements and construction criteria, materials, catalog numbers and similar data. By submitting the Shop Drawings, the Contractor certifies that the work represented by the Shop IDrawings has been coordinated with the Contract Documents and all relevant field conditions. 8.8.3 Shop Drawings shall be submitted according to the following ischedule: IConditions of the Contract 8-4 Section 8 1 I (a) Not less than three copies or such other number of copies as may be required by the ' Special Provisions shall be submitted with reasonable promptness and in such sequence as to prevent delay of the Work. (b) The Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings, return one copy to the Contractor marked with Engineer's comments. I (c) The Contractor shall then promptly make any necessary corrections or changes to the Shop Drawings to conform to the comments made by the Engineer. ' (d) Following completion of such corrections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. 8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and , resubmit new samples for review. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 8.8.5 Where a Shop Drawing or sample is required by the Specifications, no related Work shall , be commenced until the submittal has been reviewed by Engineer. 8.8.6 Engineer's review of Shop Drawings or samples shall not relieve Contractor from responsibility for any deviations from the Contract Documents unless Contractor has in writing called Engineer's attention to such deviation at the time or submission and Engineer has given ' written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1 Engineer and Engineer's representatives, other representatives of Owner, testing agencies t and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. Conditions of the Contract 8-5 Section 8 , ' 8.9.2 All materials and equipment and each part or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict adherence to the intent of the Contract Documents in regard to quality of materials, ' workmanship, and the diligent execution of the Work. Such observations may include mill, plant, or shop inspection, and any material furnished under these Specifications is subject to such observation. The Engineer and Owner shall be allowed access to all parts of the Work and ' shall be furnished with such information and assistance by the Contractor as is required to make such observations. 8. 10 TESTS AND INSPECTIONS ' 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. ' 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work(or part thereof) to specifically be inspected,tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the required certificates of inspection, testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals required by the 111 Contract Documents shall be paid by Owner(unless otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Engineer. 8.10.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timel y notice of Contractor's intention to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. 8. 10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the Work in accordance with the Contract Documents. 8.11 UNCOVERING WORK 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. If Engineer considers it necessary or advisable that covered Work be visually examined by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, ' Conditions of the Contract 8-6 Section 8 i 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. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, ' Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. , 8.12 CUTTING AND PATCHING The Contractor shall do all necessary cutting, fixing or patching of the Work that may g y be required to make its several parts fit together properly, or to properly receive the Work of the various trades, or, as required by the Drawings and Specifications, to complete the Work. He shall restore all such cut or patched work as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent property, workmen or the public shall not be done. 8.13 WARRANTY AND GUARANTEE ' Contractor warrants and guarantees to Owner and Engineer that all Work, including materials and equipment, will be in accordance with the Contract Documents and will not be faulty or defective. Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and not in limitation of any other warranty or guarantee required by law or by these Contract Documents, including the provisions of paragraph 8.14. 8.14 TWO YEAR CORRECTION PERIOD If within two years after the date of final acceptance of the project by the Owner or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. N Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, of Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. ' 1 Conditions of the Contract 8-7 Section 8 ' I I 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK IIf required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with 1 non-defective Work. 8.16 ACCEPTANCE OF DEFECTIVE WORK IIf, instead of requiring correction q g on or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) I Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be aid b Contractor to Owner. P by I8.17 OWNER MAY STOP THE WORK IIf the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, 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 IWork shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor or any other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace re ' p rejected Work as required by Engineer in accordance with Paragraph 8.15, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven days' written notice to Contractor, and Contractor's I tractors Surety, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may I exclude Contractor from all or art of the site,e, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has aid Contractor but which loch are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such Iaccess to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted I from the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of I Conditions of the Contract 8-8 Section 8 1 Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time ' because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. • 1 1 i 1 1 1 1 Conditions of the Contract 8_9 Section 8 I I I CONDITIONS OF THE CONTRACT SECTION 9 I MEASUREMENT.PAYMENT AND PROJECT ACCEPTANCE I9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT I Except in cases where unit prices form the basis for payment under the Contract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized breakdown of the Contract Amount having the value, including an allowance for Iprofit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. I9.2 REQUEST FOR PAYMENT The Contractor may submit periodically, but not more than once each month, a Request for I Payment for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: I (a)The Contractor shall submit evidence to establish the Owner's title to such materials. (b)Acceptable provisions have been made for storage. I (c) The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. IEach Request for Payment shall be itemized and computed from the e Work completed on all items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified, Ithe Request for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlined in Section 9.3 and the provisions of Section 9.4 and 9.5. However, I when the Work required under the Contract is 95% or more completed, upon recommendation of the Engineer, such portions of the retained money shall be released as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the I Contract. At the option of the Contractor, retainage shall be paid to the Contractor in accordance with I the following: The Contractor may deposit bonds or securities with the Owner or in any bank or trust ' company to be held in lieu of cash retainage for the benefit of the Owner. In that event, the Owner shall reduce the retainage in an amount equal to the value of the bonds and securities Iand pay the amount of the reduction to the Contractor. The interest on the bonds or securities shall be payable to the Contractor as it accrues. Bonds and securities deposited or acquired in Conditions of the Contract 9-1 Section 9 lieu of retainage shall be of a character approved by the state treasurer including, but not ' limited to: a. Bills,certificates,notes or bonds of United States; b. Other obligations of the United States or its agencies; c. Obligations of any corporation wholly owned by the federal government; and d. Indebtedness of the Federal and National Mortgage Association. If the Owner incurs additional costs as the result of the exercise of the option described in this paragraph, the Owner may recover the costs from the Contractor by reducing the final payment due under the contract. As work on the contract progresses, the Owner shall, upon ' demand, inform the Contractor of all accrued costs. 9.3 ENGINEER'S ACTION. ON A REQ VEST FOR PAYMENT i Within ten (10) days of submission of any Request for Payment by the Contractor, the Engineer shall recommend to Owner: (a)Approval of the Request for Payment as submitted; or, (b) Approval of such other amount as Engineer shall consider is due the 111 Contractor, informing the Contractor in writing of his reasons for recommending approval of the modified amount; or, (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending withholding of the Request. 9.4 OWNER'S ACTION ON AN APPROVED REOLJEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment ' by the Engineer, the Owner shall: (a)Pay the Request for Payment as recommended by the Engineer. (b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is due the Contractor, informing the Contractor and the Engineer in writing of the reasons for paying the modified amount. (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of Owner's reasons for withholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner may withhold payment in whole or in part to the extent necessary to protect itself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b)Defective work not remedied, or completed work which has been damaged. Conditions of the Contract 9_2 Section 9 I I (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. (d) Failure of the Contractor to make payments to Subcontractors, materialmen or Isuppliers. (e)Damage to the Owner or any other person. (f) Contractor's unsatisfactory prosecution of the work. I9.5.2 When any of the above grounds Y gr ds for which payment is being withheld is removed, payment shall be made for the amount withheld. I 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of I recommendation of approval by the Engineer and should he fail to inform the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the monthly index I of long term United States bond yields for the month prior to the month in which the obligation is incurred plus an additional one percent per annum. I9.6 CONTRACTOR'S WARRANTY OF TITLE I Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances I (hereafter in these Conditions of the Contract referred to as "Liens"). ). 9.7 SUBSTANTIAL COMPLETION I9.7.1 When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed. Certificate of Substantial Completion. Within a I'I I reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work I substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substantial Completion which shall fix the date of Substantial ' Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to be completed or corrected before final payment. 9.7.2 Owner shall have seven days after receipt of the Certificate during which he may II ' g y make written objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, I Engineer will within fourteen days after submission of the proposed Certificate to Owner notify Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to Owner and Contractor a final Certificate of Substantial Completion (with any revised list of items to be completed or corrected) reflecting such changes from the I ' Conditions of the Contract 9-3 Section 9 proposed Certificate as he believes justified after consideration of any objections from Owner. r At the time of delivery of the proposed Certificate of Substantial Completion Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety,maintenance, heat,utilities and insurance. Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude , Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without ' significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. 9.8.2: Within a reasonable time thereafter 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 his reasons therefor. If Engineer considers that part of the Work to be substantially complete, Engineer will execute and deliver to Owner and Contractor a proposed Certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer will 1 deliver to Owner and Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the issuance of a Certificate of Substantial completion as to part of the Work, Owner may take over operation of a facility constituting part of the Work whether or not it is Conditions of the Contract 9-4 Section 9 1 I Isubstantially complete if such facility is functionally and separately usable; provided, that prior to any such takeover, Owner and Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, correction period, Iheat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be I accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance. 9.9 FINAL INSPECTION I Upon written notice from Contractor that the Work is complete,p Engineer will make a fmal inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall Iimmediately take such measures as are necessary to remedy such deficiencies. 9.10 FINAL APPLICATION FOR PAYMENT IAfter Contractor has completed all items to be completed or p corrected to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, Icertificates of inspection, marked-up record documents and other documents -- all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 9.12), Contractor may make Application for Final Payment following the I procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer I may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit I of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed; a representation that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any way be Iresponsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to Iindemnify Owner against any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE I9.11.1 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 I documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, I Engineer will, within ten days after receipt of the Final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable IConditions of the Contract 9-5 Section 9 1 subject to all applicable provisions of the Contract Documents. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. 9.11.2 If the Application and accompanying documentation are appropriate as to form and , substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's Final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. 9.11.3 If any remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer ' with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract , Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to Sections 9. 10 or 9. 11, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. I 9.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: t 9.13.1 A waiver of all claims by Owner against Contractor, except claims arising from , unsettled Liens, from defective work appearing after final inspection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. Conditions of the Contract 9-6 Section 9 I ICONDITIONS OF THE CONTRACT SECTION 10 ICHANGES IN THE WORK I10. 1 CHANGE ORDERS Without invalidating the Agreement,Owner may,at any time or from time to time,order additions, Ideletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an , I increase or decrease in the Contract Price, or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 10 or Section 11 on the basis of a claim Imade by either party. 10.2 FIELD ORDERS I I Engineer may authorize minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time,which are consistent with the overall intent of the Contract Documents. I ' These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a: Field Order justifies an increase in the Contract Price or Contract.Time, Contractor may make a claim therefor ' as provided herein. 10.3 UNAUTHORIZED WORK Additional Work erformed p without authorization of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because of any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended ' by Engineer. 10.5 NOTICE OF CHANGE TO SURETY IIf notice of any change affecting the eneral scope of the Work p ork or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor's I ' responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. IConditions of the Contract 10-1 Section 10 1 i 10.6 CLAIMS FOR ADDITIONAL COSTS r If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.7.No such claim shall be valid unless so made.If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum,it shall be referred to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. If the Contractor claims that additional cost is involved because of but not limited to (1) any ' written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or(4) failure of payment by the Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY 10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the ' Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Contractor y r on account of said emergency work shall be determined under Paragraph 10.6. I I 1 1 1 Conditions of the Contract 10-2 Section 10 ' CONDITIONS OF THE CONTRACT SECTION 11 CHANGE OF CON TRACT PRICE AND CONTRACT TIME r11. 1 CONTRACT PRICE • The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to Owner and Engineer within ten(10) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer. allows an additional period of time to ascertain accurate cost data. All claims for ' adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. ' 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as ' given in the Proposal is increased or decreased, payment for such item will be made on the basis of actual quantity completed, at the contract unit price for such item. I11.3 BASIS OF CHANGE The method of determining the cost or credit to the Owner resulting from a change in the work shall be determined and mutually agreed upon by Owner and Contractor in advance of performance of the change in work in one or more of the following ways: 11.3.1 By mutual acceptance of a lump sum properly itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit I ' prices shall include an allowance for Contractor's main office expense, overhead, profit and bond), or 1 11.3.3 By actual cost of the changed work, plus an allowance for overhead, supervision and profit, as defined as follows: I • 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the Conditions of the Contract 11-1 Section 11 II standard paid in the locality of the work (except with prior consent of the Owner) as more r specifically defined as follows: a. The cost of the changed work shall include: (1) Wages paid for labor in the direct employ of Contractor in the performance o in P� of the changed work in the field or in the fabrication shop under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and Owner, plus a payroll markup of 40 percent to cover all overhead items 1 applicable to payroll, such as insurance, taxes, F.I.C.A., workmen's compensation, unemployment taxes,and union benefits. (2) Cost of all materials, supplies and equipment inco orated in incorporated the changed work. (3) Cost, including maintenance of all materials, supplies, equipment, temporary ' facilities and hand tools owned by workmen, which are consumed in the' performance of the changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclusive of hand tools, ' used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental charges consistent with those prevailing in the area. , (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the Owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work. (6) Sales, use or similar taxes,related t6 the changed work and for which the Contractor I is liable, imposed by any governmental authority. (7) Permit fees, royalties, damages for infringement of patents and costs of defending suits therefore, and deposits lost for causes other than the Contractor's negligence. en ce. (8) Losses and expenses, not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work provided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, ' anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the Owner. No such losses and expenses shall be included in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in proportion to the sum stated above for the original changed work. Conditions of the Contract 11-2 Section 11 I I (9) Cost of "drayage," exclusive of any drayage between shop and jobsite, only when Contractor must hire an independent trucking firm and driver to perform special drayage I services in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation performed or which could have been performed by Contractor's drivers or vehicles but for their use on another project. I (10) Costs incurred due to an emergency arising out of the changed work affecting the Isafety of persons and property. (11) Other costs incurred in the performance of the changed work if and to the extent Iapproved in advance in writing by the Owner. (12) Cost of Subcontractors in performing the Contractor's work as changed shall be I computed in accordance with this paragraph 11.3.3, computed in accordance with clauses 11.3.1,.2,or.3. Ib. The cost of the changed work shall exclude: (1) Salaries or other compensation for Contractor's officers, executive, general I managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics, warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, I whether or not employed at Contractor's principal office, branch office or field office at the job site. I (2) Expenses of Contractor's principal office, branch office or job site including without limitation the expense for a field office, p pickup trucks, office trailers, storage trailers, rental of office or storage space,telephone, heat, lights, etc. ' 1 (3) Ownership cost of maintenance expenses for Contractor-owned equipment, including without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's performance of the Work. I (4) Cost for purchase and maintenance of tools, materials, supplies and facilities not consumed during construction or incorporated in the work. 1 (5) Contractor's capital expense, including interest on Contractor's capital employed for the work. 1 (6) Overhead or general expenses of any kind, including but not limited to office or fabrication shop overhead or drafting and printing costs, except as may be expressly Iincluded in clause 11.3.3. 1 a above. I Conditions of the Contract 11-3 Section 11 (7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly or 1 indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to injury or damage to persons or property, the correction of defective work, disposal of materials and equipment wron 1 supplied,wrongly PP or making good any property. dama damage to g (8)The cost of any item not specifically and expressly included in the terms described in clause 11. 3.3. 1 a above. 2.Allowances for profit,overhead and nonreimbursable costs shall be computed as follows: a.For the Contractor: ' (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3. 1 a (1) through (12) above, and 1 (2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable discretion of the Owner) for the work of Subcontractors supervised by the Contractor as computed in accordance with clause 11.3.3.No fee will be allowed on Subcontractor work not supervised by the Contractor. (3) For first, second, and other tier Subcontractors claiming compensation for changed work under clause 11.3.3.1(a) (12), their allowances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly above. (4) The Owner shall ( ) have the right to examine,ne, inspect, copy and audit the books and ' records of any Contractor or Subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 11.4 CHANGE OF CONTRACT TIME 11.4.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. Conditions of the Contract 11-4 Section 11 I I11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4. 1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes, Iepidemics,abnormal weather conditions,or acts of God. 11.43 All time limits stated in the Contract Documents are of the essence of the Agreement. The I provisions of this paragraph 11.4 shall not exclude recovery for damages(including compensation for additional professional services)for delay by either party. I I 1 I . 1 I I I I I I IConditions of the Contract 11-5 Section 11 I CONDITIONS OF THE CONTRACT SECTION 12 SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK , Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in Sections 10 and 11. 12.2 OWNER MAY TERMINATE 12.2.1 Upon the occurrence of any one or more of the following events: ' (a)If Contractor is adjudged a bankrupt or insolvent, (b) If Contractor makes a general assignment for the benefit of creditors, I (c) If a trustee or receiver is appointed for Contractor or for any of Contractor's property, (d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, (g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, (h)If Contractor disregards the authority of Engineer, or (i) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Owner may after giving Contractor and his Surety seven days' written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), 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 finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by Conditions of the Contract 12-1 Section 12 1 4 ' Engineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights 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. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense ' sustained plus reasonable termination expenses. 12.2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined ' that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. ' 12.3 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts ' of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated as completed to the termination date together with a reasonable profit on the ' completed Work, but no damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed ' upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. ' 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety ' days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days' written notice to Owner and Engineer, terminate ' the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to ' Conditions of the Contract 12-2 Section 12 I make any payment as aforesaid, Contractor may upon seven days' notice to Owner and 1 Engineer stop the Work until payment of all amounts then due.The provisions of this paragraph shall not relieve Contractor of his obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. r Conditions of the Contract 12_3 Section 12 ' CONDITIONS OF THE CONTRACT ' SECTION 13 MISCELLANEOUS 13.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of ' bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be limited to the value of the work performed. 13.2 REMEDIES The duties and obligations imposed by these y ese General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and Iobligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not 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 law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in ' connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. 13.3 PUBLIC CONVENIENCE ' The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 13.4 CROSSING UTILITIES, ETC. Where the prosecution of the Work results in the crossing of highways, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written ' permission from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner ' and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Work is granted. ' Conditions of the Contract 13-1 Section 13 13.5 SANITARY PROVISIONS The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those I of his Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal, State and local governments,or agencies or departments thereof. 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleontological nature are discovered within I the areas on which the Contractor's operations are in progress,the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects I until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shall immediately diately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. 13.6.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate I area where historical objects are discovered for a period not to exceed 72 hours,without claim being made by the Contractor for any damages he might suffer as a result thereof Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. I 13.7 USE OF PREMISES ' Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract I Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. I 1 1 Conditions of the Contract 13-2 Section 13 ' FORM OF AGREEMENT THIS AGREEMENT,made and signed this day of 2000, by and between the City of Oak Park Heights,hereinafter called the "Owner",and hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ' ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by the City of Oak Park Heights ' Public Works Department, Oak Park Heights,Minnesota,and indicated below under ARTICLE N, as provided by the Owner for: Valley View Park and Boardwalk Project ' and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before ,2000. ' ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the 1 accepted Contractor's Proposal on file in the Office of the City Clerk, City of oak Park Heights, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be$ ' ARTICLE IV. The Contract Documents shall consist of the following component parts: (a) Drawings. ' (b) Specifications. (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Conditions; ' (4) Conditions of the Contract (General and other conditions); (5) Performance and Payment Bonds; (6) Agreement; ' (7) Detail Plates and other drawings attached to specifications; Form of Agreement I IThis Agreement,together with the documents hereinabove mentioned,form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. ° ,- :} Attest: IThe (Seal) By MAYOR I w By .- In the presence of CONTRACTOR 1 By 1 .TITLE C ER i' .tH CA TEOF ACKNOWLEDGMENT WL E DGMENT State of Minnesota ) )SS. County of ) IOn this day of , 2000, before me personally appeared David Schaaf, to me personally known,being by me duly sworn, did say that he is the Mayor of the City of I Oak Park Heights,that the seal affixed to the foregoing instrument is the seal of said City of and that said instrument was executed on behalf of the City of Oak Park Heights by authority of its City Council,and said Mayor, David Schaaf acknowledged the instrument to Ibe the free act and deed of said City of Oak Park Heights. (Notarial Seal) Notary Public: I Commission Expires: I Form of Agreement CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) SS 1 County of On this. day of ,2000,before me personally appeared ,to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that_he executed the same as free act and deed. (Notarial Seal) Notary Public Commission Expires: ' CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS County of ) ' On this day of ,2000 before me personally appeared and ,to me personally known who,being by me duly sworn, each did say that they are respectively the and of that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors ' and said and acknowledged the instrument to be the free act and deed of the corporation. (Notarial Seal) Notary Public Commission Expires: 1 Form of Agreement PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal ' (hereinafter called Contractor)and, as Surety(hereinafter called Surety)are held and firmly bound unto as Obligee(hereinafter called ' Obligee)in the amount of Dollars($ ),for the payment whereof Contractor and Surety bind themselves, their heirs,executors,administrators, ' successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractors has by written agreement dated ,2000,entered into a ' contract with the Obligee for construction of Valley View park Boardwalk and Trail Project in accordance with Drawings and Specifications prepared by Oak Park Heights Public Works Department which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE THE CONDITIONS OF THIS OBLIGATION is such that,if I Contractor shall promptly and faithfully perform said Contract in conformance with the Contract Documents,and all guaranty,indemnity and warranty obligations specified therein,and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within I the time limits set by statute for commencement of actions,and shall pay any damages for=excused late completion,then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration,changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be in default under the Contract, the Surety may promptly remedy the default, or shall promptly: ' (1) Complete the Contract P in accordance with its terms and conditions, or if appropriate, (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest possible bidder, arrange for a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract, while Obligee shall pay the Surety the cost of completion up to but not exceeding the balance of the contract price. The term "balance of the contract price". As used in this paragraph shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, or if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commended pursuant to the Contract Documents. ' Perfomance Bond No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this day of 2000, I Contractor: r By Signature (Typed or Printed Name of Signers) Title Witness 1 By Signature (Typed or Printed Name of Signers) ' Title (If the Contractor is a partnership or joint venture,all partners or co-venturers must execute this Bond). Surety Address Phone No. ' Witness By Signature ' (Typed or Printed Name of Signers) ' Title ' (Local Address and Telephone Number) (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety). Perfomance Bond 111 CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL I (For use where Contractor is individual or partnership) State of Minnesota ) ICounty of )SS. I On this day of 2000 before me personally appeared to me known to be the person described in and who executed the foregoing bond,and acknowledged that_he executed the same as free act and deed of I the individual. Notary Public: I Commission Expires: (Notarial Seal) ICERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) IState of Minnesota ) )SS. County of ) 0 On this day of ,2000 before me personally appeared and I •to me personally known who,being by me duly sworn,did say that they are respectively the of ,that the seal affixed to the foregoing instrumental is the corporate seal of said corporation, and that said instrument was executed in I behalf of the corporation by authority of the Board of Directors, and said and acknowledged the instrument to be the free act and deed of the said corporation. INotary Public: Commission Expires: I (Notarial Seal) I l u11 Name of Surety Company Address Home Orrice IFull Name of Surety Co. Name of Local Agency Address of Agency g y o Local 1 If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety. Company. I Name of Agent Affixing Countersignature Address I (Affix here Power of Attorney and Acknowledgment of Corporate Surety). Pbond Acknowledgment LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that as Principal, (hereinafter called Contractor)and, as Surety(hereinafter called Surety)are held and firmly bound unto as Obligee(hereinafter called Obligee)for the use and benefit of claimants as hereinbelow defined, in the amount of .Dollars($ ),for the payment whereof Contractor and Surety p ty bind themselves,their heirs,executors,administrators, successors assigns,jointly and severally,firmly by these presents. ssors WHEREAS, Contractor has by written agreement dated entered into a contract with Obligee for construction of in accordance with Drawings and Specifications prepared by Oak park heights Public Works. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject,however,to the followin g conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, both,t � used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light,heat, oil, gasoline,telephone service,rental of equipment,insurance premiums,taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3.No suit or action shall be commenced hereunder by any claimant: (a)Unless claimant shall have filed a Public Contractors Bond Claim in the form and within ' the time provided under applicable law, or (b)After expiration of time for enforcement of a Public Contractors Bond Claim by legal action. 4. e Th amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. Labor Bond III I 1 6.The Obligee's right of action on this bond,or for the breach thereof,shall not be limited by the conditions set forth in paragraphs I through 3 above. 1 Contractor IBy Signature I (Typed or Printed name of Signer) I Title I Witness By Signature I (Typed or Printed name of Signer) ITitle (If the Contractor is a partnership or joint venture,all partners or co-venturers must execute this Bond). ISurety IAddress IPhone No. Witness I By Signature I (Typed or Printed Name of Signer) 1 Title I (Local Address& Telephone Number) I (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety). Labor Bond CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL ' (For use where Contractor is individual or partnership) State of Minnesota ) County of )SS.) On this day of ,2000 before me personally appeared to me known to be the person described in and who executed the foregoing bond,and acknowledged that_he executed the same as free act and deed of ' the individual. Notary Public: ' Commission Expires: (Notarial Seal) CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) )SS. County of On this day of ,2000 before me personally appeared and ' ,to me personally known who, being by me duly sworn,did say that they are respectively the of ,that the seal affixed to the foregoing instrumental is the corporate seal of said corporation, and that said instrument was executed in ' behalf of the corporation by authority of the Board of Directors, and said and acknowledged the instrument to be the free act and deed of the said corporation. Notary Public: Commission Expires: ' (Notarial Seal) ' Full Name of Surety Company Home Oltice Address Full Name of Surety Co. Name of Local Agency Address of Local Agency If this bond is executed outside of the State of Minneso ta it, must be countersigned on the Labor and Material Payment Bond by a Minnesota resident agent of the Surety. Company. i Name of Agent Affixing Countersignature Address ' (Affix here Power of Attorney and Acknowledgment of Corporate Surety). Labor Bond Acknowledgment ...,,,, 0 ... :, n 1 ..... , ,, ii.-:;... . ' ..; .:"` .' ' ' 4' ' i''' 'Y':''t'- e, ' - ,•'` .`i . r w a i R � i lof Jrlitirk e - .-4 1 iX LJ::4I. ` �`�' • +b ig "n• « w i Nr ?L 4 • R t , e .. . , 6 �q,, f t• 4r �S R 4 ge* .. -' k', I.' t -: 4� j v) . . : 4Tg h k il} :q� , r �-.p �( A�,'Fra`� Ld•yf44d •i- 4„,,,.......7:.y; ,A s4d4,�',d:.+,.` 'tl,: 4f., ,,, ."}r,'94 V'+` � !�"" `04 A r i: ) Yy,, r i, 4 ,a wti; �I � * x r ,' A. ,r. x -Y n ) r ` tr -:Y`Ak ,' ' � i r ff y5 Y Y 1 ';:r ''.. W ,, '4 h f ',, ,^ ' P r er i. ,. ,' tA, ', ,p , �,. f, '' , '!. ` P 7 2 p, �, i a • y'�,,ytt 'M. T ",".,:`,.;,..t,... f '4,. : A"` icy .' . '".v•sigi‘itie„J:''',-..-...":"!.,,l').',. 9 r 11 5 si c , ) �pr> > > F= sr '�. a �" l4 > ' 34 €- AJ C� S� Y Y vfi ' ,k d �1 ern Id i 4 o q0. ,, s.4, ,�k:4�` alt ' ', ' 4 ;' y r` ,' r y,�. �'�' +, ` ��".t ` M! r .—,,...,:2'.1' c�; fit -y '�� td .#' ti ?,z YR t' i:- y �. >,�t r x, �i: x c 'fi i.'Ss•L 4 e mV"•$. '''..1.:',;,':,;.';''..,.'';'''''',,,,,.';;;','.. ''''''f';,u° y ' t L■ �yyy - e ''i - 5` e r'' '� rib.'••'' R , � ?,. .r. n .(1 J r .tn -. 9N ,,,. '1 }axi 3 ., 4r "X Y t t n, + eL � » ?.�•';''',,.'1.'''..;1' i is '''.'t ' 'P.': 4r9 * ' "tea t� r g aaa ;,,:': s ��` .4 '`` Y ,'��$W ,am ,✓,1�' s 1 - ? t f a nr 'y^' x . y S. , y r K r _ (t �x' ;•- • } to d -c � z � -Y ; ' 1, t,� * yy xr 4 - ; y a �r •tr �' If"." . ,e.,3:4'.i`k.,::',"-.;-. .. a ' 4�`S \"YA ! ?C)6n.t<F. 1" G„ x "t4 n> K laa E 8 'a # ai .4 ti n x q� 4-,, .. ,•_'r. `".. �`; 2 'T.'� ate 1fic„4p.., ,, '. fit al Ile) f CA 41,100,0„ ec t1 • * a :k i otl )'.:,41 ex « O• ç siVi ".7.1 • 4,04°.s �E 4 'al ria 0 , , , ,� e'"y, 'Yak + 'N., rII 4 •. 4 DI CKII '49 ti•�r iR.s+� - al• 0 E r a j1K f.'.:''''.00 ' Q z +. -',i.4 F � r t i,,_.ia, °'"., 4 , t '" M f�f Y N, �.• a 04 inzi 4:4•4 42:0 0 ,,,. , 4., ,.., .yyy� ,k p:• �� 'e .6 � f 3 1 .y fin'• -1=1 " =:%. "4=3 U la 0 0 „ , ,f°el* . , ,, i , '' .7i,`;‘,.? . ''' ;,.,.J.:,‘,,,,,,i,tok..,:sor A Py E 1 �y,Kr tlyT YT J 4f r V Co 1=1 11 M Z ,-G di 3 • y ti1� KKK.` "Y� )�!F-� k 68 ,.. �d.z. 0 0 4, 4.m.... WOO . ,, °3x.'r #X ,y -}�' 0.b r! t..-' '.',„..'mt,,. * 4$}, °P...._ V § .S ebi�� 4 P,+ %NIA W Woo„IN 4. k 0 W Ca 0 x_ # � �} � 0 On 0 0 0 0 0 &# �� ///��� vA�`), Ate)`) vA� • ii , , -,; i >,,I,..,J,,. , , , ‘ -,-..,: A VICAWICAWI ° W4 h i K ; , I iv� K it k' ., O .,,y. f ` t•n P' .' " 1V S,.. Ar4 X/ . 'Wk... 1 .... 4 . , Y .�. .« ° �� h .tlN Y$,�1,4. .4 �r� ,h # "'', `r S '-: 1�;, .. ... .......... .. ..... ........ ...... _._.._.. ........ u 3r @'yk� y � yf tea, -,� [ p '� � �F fS F� i�Y# ,�s rii• MAIL ` , 1 if ,.. .., ,. : ,,,,..1 ,,,t,..,, . ,.,, , ..,.. ir r,,, 4, 41t,1410. ,,, . , i t,.,, ,„ei ,..,,, , , . _ ,,. , 1,,, ,.,4 *1 . .411. „,.,:..,t,,,, ., ,...• . fr . ,,..*, 4 • • En Q I C: 4 - , z=1. 1 111111111•11111 $:=1 \J Q 1 l 1 o � ��4.4. 4 1 ' o cAgi a c 01 # W p Too 444 CV .5 0 41,D eq ir-7.. .-..... .'i , s. 0 ___. I >2> 1 I L.......1 42 li 45 FID ›::1)' •IF:1 Cd t IS t=la,.1,, l'U E E 0 e A E E . (II) . iv ' 1 ›)) 0 ico 0 O O 000 • t F� C� WD c) aaa() () c===1 c==i \?: i t-- .....3\:), ° c-,=.1 ei 0 $:=1 • E=1 • • q F y i, 'f.,.-- for-,,,,',, 4 .. ' ' ,,-- :.; , F t,. " . t� A .J' .te 3h56 �h r•: .41 ' t' w '� . T,:w. ,.,!.,,,o '.i... -, .„,,,,s,,, v " /1, 4�'m. 4. ' ', � ' 4 Mkt, - r as j i �,.c vSy ,?k 00. al A I $ 15 — 0 ..... _ 0.1 4n 9--..---E__,,,, ch4 1 0 1 � -- I t13i 0 U .8 D WO .� I 0 .4=b W 1 1M 04 ra , Iti tA � 0 0 s r le a 07---:. '=::6 I a 0 t61 41,, e 0 1 1 .I 0 °0 1 E �° ; II A al fr L a al 4' a i haw�' 1 -4 st=1 410 A � �Ad � SP,3 II M 0 .> r44 4 91 t,„w 0 . 1 0A 1 i ..c.). c) Fl . 1 o : i as m ..) ...„ . x, , b oqi a ;a.. J o o 0 r 1 ill ' c% g i 4-• I I\ ki■ o s,9. . B w ' %, * j` 'J tia .4., /slit �s 1 . $' 0.4 § g M at 14, i n v. . ,tire, # 1b7, , &r#fy, f R u '• I ,r . I, 1 j N A 4" .•II '',0...-11..•.!1, ::. 0 Oa o • • 1 4. I WD 10 ; 144 WI 0 CCI .l IN∎IL 0.111.,1 ■rN'i \,• i U i 1�' r-- :1 f -7.5- I\:.r-7,..•::,....:_,.........::,I w- r s� 1.„-- 1 -! {may//�] : r V I . .�_ -...._-_-.-.. ..% 1=--r--..1II :1 � 4\ \ . e Y+ , \ 1 ___ ___ . \ 1 1 1 1 r ±= 14 a ∎�� t . • _ . viii Its t Bo- til ifeli 441 . tit 4 i Z g 0 > �rl / 1 lAi4 : .fa 'S a �► ' OS 0 ii • I 4 3 • 0 ,.. , i 4, kil 14 w t r El 04 g I*+ . . P 0 a . i iii 1 ., . - . ....,,,,„,,,„,„,_____z . , . i IA_. .. .;:: .11,,4 /----------- I 1:7....\ 4 r--- . • . .,...._ • Nr...._ I . 4 g el ic-N\ ( . I, 'I4 • ►.••�►,- / / • i 4___ .....,sr. _ ....- \ 7-______-_,......:„. _________.„.......... „...,.... ....„,.,:...... . t... ...\\\ .\ —,.. ...„.,..... ,..,_, ,.-...... .... _____ ___:_......,. _____,„ ..,.......... :......-----, __-... ... .. 1 .....„ , _. ... _____— _ ,.. , ___.......... ..,.......:,•.,-... \ • efl N. \ . • • ` � I'f ) . \ • . , \ \ . \ •.'..-...••i r�-1 I \ \ '.......M...'"r r/ • \ \ •.'.-...*'--7.:-.". ►�! V2 i �. -:1 I , 1 44 l& Ao. I „4,.., a }, O'•v co. ,�,7is rte,,,....4, . 9.,3_,,.. ..0:00) . _ C2) 8 el 41,, lAdj , 7.0 E.4 1 C•I _ „.„„i:A fg 12.4 14, 40, ..„‘e.„ ik 1, a .1 91 1,=.4.. cti Iii .., ,, a > ,LID t l_wk / .....s --M-- i A ill, iii Vt ,, 1 > 0 4 ,,,,. ., 3,0 ,....:.: 04 5 le- 1 g 1 __.; o 1 0 II 2: 3:)04, 1 al 1 as ,. ,,, .., ,.. _, 71.2,::::-.•:, ,,..,::‘ . .„,.,.:, .„.,..., 8 110 i H•�4!.:.7.. • C)44.......A ' ••■•4' .2Y in I 1.4 li i II a : I VI ;41111■1,. } 2:0 , 0 • i, 0 /�• 1 1 0 , ,.., i• 1 T, i, I i / A % g . r. o , i I I IA t..... . I g I ..... 6 4.2, WIP 4=0 61 • , ., 3 , , ,...........,:.. .., •••••. 11 ... Is ......• 1 . ., .... , ,, ,, ,.., act a 4.. i ,, ut , i, V 1: N. . 0 0 I v=4 OA . I ,CV - �r '1 V / 1 V 1 % � 1 �a 4.4 1 i +1 ____ �� 44, ® 3i- 1 A- W '4' 44,44 ;", / ' t//� en i 4• �/ it 44/ I1 /,�1� I� 4. iv a , ., ...._ 0 L .4.* 1��„ • _.___,Et u 99 , al 1 i ®11 4. 1 o 01==i , ... !..; miw 0 al 1 .:g4 ,00,.d A i ._ . . ,1_,„._. ..... . ,..,%.0 , . .-p.-- 0 .,1 r. _ _ . . vg. 1 AI .2 cri I ,,p, • .. . W i 1 g 1 . .. , . , AgH,.._. > ,,,,,,ie 1 ._ . . To Pall 1 1 g T _, . ® i II NI 'kl t x1 4 L •1 11 1 . ,,, 51:1 A ,,,,„,,,,,,,, , -,..,74,..,,, al .„ v*t., , . 1 _ . .„:„..,,,, x ,.. g wag A -II v + ,... ,, �*4 - i 4. N 1 .1% os4$oa 1 11 1 i I 0 en . _ . fir. . . 2 11 �0044,0d ° x • a i i 1 ig j g cm . 1 I I . (rs 0 Ili ] ,, 8 . it N. v •_`A 4 .�, L • ■.r* 140,4 *t4 ∎4444 tA Ai _ *mt. 16k .ii,,k 104111* + .4.41 10 4 , \i'■# *Cs ,„ ,,,* 14*4 r-4) ‘I 10 + �`;, (44■.' ...„0.0. +�� ,&Secttl. .A b + `2►�, �: A R' AP INA \ v t, P.-• I ,4r1p, ts,\36 + t4t4 A %Ok, i , Nq )ciim■- ■ ........_........,. v!.., 4- 10144, 6,41PF" .'���:1 IIPA ' it � Q 1 �N ;;041� 4*daw,-* wr►, X44 r . *404 04 o* 4 r G7 •44 Cif r4i 0 ..• ______________ s., 0 0 Q � IIIIIIIIIIII0 1111111 :S 1C-- i ��e�r9�,eye,. � al 1 + I I IMMMUM Ell I IMMOMMI ........ A MN , op 1...... . + 1......... . mi.. oc=4 09 al v==, - N. . pr r IIIIIII m"P; I Go rA Mad IN } � ��iiiii >-:- --- -1- 11 NM / + 1111111 ___ ''' MIN . I t P t 11. P al 1 .4 I gl 1 P I • a ti., we r. ,A 7=4 — 1 is )1 2 4,14,4 1 4 ti la I ■* ____ liti le ■■ ‘ I t 4, Iii 1 . 101 0 1 �►� ■1►4 • ,4i• •• ►4r ►► i ,I1 (NI Trail Section Wetlands Sheet7 1 _ ■. ■4, 1 . I ►� , , 1 r; ■ ■ ■ ■ ------------...„...„„,.......: ■ tt ,,, 0�•l � • �1 1 �j .♦ ,Pi.A. --- 1�4 44 ril 00+'Ztd I 8 F� • ai U E=4 MI 00...s\-- . 7,, i 1 il. I OS+IId •`� w.di I J .� oqq�11t� ��. 11.1(4=14: O i'� 0 _ -.1 V II ILI I :,- ( f , r t t.4141,4";• b Fa ��•• �� °. ; 0 r " A M. os+oia 2� • C;;IA 0 Co 4 w I ft- • U i4 0040141 1 ° z dli II I, i o g a o J I. I J\ I _ o .. a _ _.. 1/4„ 4 hi b j g I . g m w . ., e. 0 5 loo+6w . i 0 0 al 1 tS tin OS+84d i i u--: , _ _ I , ,...._su 3 .. , . . . i,... . _ 0 0 O& 8Od '5 p�p2 . .,,, a Qp� IC c) el . II E=I 4 o 0 . 0 c=1 E . . OS+LOd II) ° ® e ® i _ rg4 0 i i — ' OO#LOd 00 0 N i11116 -is I OS+9od I 00 , \ I .< • • 9,-, C 4 r474 I44 Iy /4 ZAN 4, Ein 1g � •/04 vl es 44 kt th4 Ild---- I. . gfi 1 �r 14 k I4 9, 44 At i•1�1'• • • # #, A��i tl ,• * As,/ + s � r„ ••i�4 • 4/ :iv r. .• i■ / t )1' .•. . to / // \46.. , 4 coo N , id ..‘ a ∎ , a + ‘0 k(6) 1,043 ■ V# ,J ---- ‘:,,\ +. ______ _.____ _ .4, 1 SS 0 ®\ m „ 1 444 A. i ___..,,,_ ,,..., ® - . .-- ----"Z" ci v=4 1 o ® r la o V VI Q.0. i -4°°#.:(4g1°90 g ..,,, (-I 0 4P) ,- .r . � g _.. P4 . o� a 4 g > S IN 1 F f.„_, ›. FiFi 0 VAW-, 01-14- / g 1 0 10 2 /A C4 d '4 ist ) 4Th ''.jP4.' '' fit° y we„:„.". --.1',.4',: i - ; vb 0 ; Vo M -'s,i0 7;r.11, ( • ." : 0.-,,--A ` M A m.• . ; „.„,,„ , . oo+zos ir , .1. .i.: ,. I. . ro,,,t 1111 ,. ‹... j., . 0cr I t I , 1 is ° .... Ps en x 1 . .1 ! ix , 1 . Ill w O 14,, 6, . to •• \, ®c+1®s — Ng M • v 1 0 1 ii en c - 00006 e • 000000 00 �^ 04 ' 0 0 ) o • ° ` o ' CA col .94 12g- 0 I / . Lin , 0..4.,.. , ....„. an ...,..: e 0 -.. 1 0 fl 1 _ CND r 7=4 I 0 ei ao 1 i/e/ IN . , . c4 I t*4 t 43) V C) 00 • :7; I -102 414 47) 4; II ,,,--- 1 g 1 . sc) , . 0 , .... , , 4... ..... __.... 1 i 1 _ 1 • , 0 N. t •4 • ;Is so , Cite 0. 4j4 0 IN. it... I et; 1 V V al 1 0 0 0 1 0 00 1 '.........."•................................„„ , o ril 41 1 o as co cto t.... IN 1 . P 1 U • ri) I • Q 00+IOS kto ®c-HS • J 00+00S 00 IA I ca 0 v '— • i Via 0 MI . 11;4 _ CD L. ,,,,...11X 1 pi ca ak lib .411 70) 2 -5,„, __La ..w. 0 -w.., 42 Pot. c. v. 0 c 2 ._. ...„ipi 6 w■ 1 .U 7 Cil a 0 U U 10-, a ° °® WI ell, c==1 CD 8 ...a. oo cell n 0 ° I e c. CD .I7 C r -I, 1• rr rr----■ ..11 11 . 11 . vI 1 . 1 1• -.:::: 1 1 1 1. •• I 11 1 1 .1 11 1 1 11 A a XIIMMISNOMMIP-- -----p{--_-.__-__.. _.H. -- ____.Fig' .1 11 11 11 3 1I 14 11. -II , TA ▪ 11 ,1 11 11 �. 11 .1 11 11 1/ 11 .1 11 : _ 11 r 11 11 11 I1 /. 11 11 11 11 1. 11 11 11 • =V 1 a 1 1 .1 1 I 1 11 1. 11 11 11 11 .1 11 J a : s 11 .1 .. .1 r 11 .1 1. 1. 11 .1 1. 11 , I �r1.. .__ _----- --_.------- -- --------._---- • 'I .1 1. 11 11 II .1 .. 11 , rA 1, 11 11 .1 11 11 .1 .1 , /1 11 11 11 a I a : .1 1t 11 11 11 11 11 11 k Wi Vi CM, I 8 IX 81 CD .1 11 .1 +1 ' • l!. II 11 I1 11 a � a .. 11 I1 11 .� P• 11 1 1 •• 1• •• a a ��� .. .1 .1 as I 1 .. 1 i i 0 4, i ,:=1 0 °-.-' . o = cm To ea 1 . 4 7 _ 4 a4 roc' 0 --,rp a g g Xi --7-..--- 'eft Cs)] -9._. 'V, it •Es) t i c=1 Mit X .1 04. ® f4.4 clgi > 43 in CNII 0 Q 2.1, co) Q'< 4 g I g U 0 vv 13 l'O ' 1 a g. 42 2? r-co O� O r �® � 4 .-,.:,-..,, ,_,-, ,,,,:-,,, ,.. 8 e4 ra n 4 _,,,,,e .,, ,„ n , ,cis . ....- 0 r, '^ , " 0 cv a4, A A g g .1% 0 0 co © 0 ,,=, ....0 0 0 111 oc=i Q. (4=. 0 i .tti 0 ..a=b 8 2' 1:5- too 1,, en cel 0 . ._ 0 ro 70 E I i A A R 4 -.-__-: g 0 t M •ke) 4<- U :=1. ca '4 b 1-4 , 2 ..c A J il 1 ., ra )1'''' • I 0 F4 • . 0 ca V So al 0 x t i a FC) §' 110 0 le,,, b i I 1. .9 Qcb ca ra 4 v ' . w=4 chgl sM 11 q \ i.,,b.14 te P.Y...• a vi eN)44 8 8 f t Fo \ -•.‹, \ t" ,C) 11 arg I t:4 IN I 15 ,kce xi MI ° un .. IP c=4 I-1 i 4 esi C4 .E — 0 0 0 2 rmi 0 I < I E:= 1-—— I iritm.i pivem■■■ 0 o° J _ I °� 5 A sgs 5 5 i Qin M i', Val © g *A . 8 0 0 0 v=i ct. ,=.LI,X " 0 c=4 w ri4 0 , \ 01;==i ‘, 4 1 k4) v -.r -rr `.Y -rr rr r 2 •. ., „ • ,. ii 1 1 ig ii ii ii ,. F • ii •• f• ie 0 or CM-d- • ii ii 5 0 V via ,. „ II ■ .. ,. „ Al I rA a- .. .. .. ., .. •• 10 II i� i i 1 V I •1 .. .. U ii ii ai .. [is I ii U 5 ----------- ------------- .• .• .. r ii ii • i 1111 Fi I • .. .. .. - , . ak i=1 42) . .. .. ril 1 4:) 51.. .. ,. .i c o .. .. .. i .. .. .• • .. .. .• TA ,• T I .• 1: 11 / • •• •• •• ■ AO t 1 i 00 ii i . . 11 11 'I II U s 4 -+ . II 11 Ir 14 II 11 11 Si rA II = - H hl II 11 I/ /1 ir I' 11 11 �� .144E '' 1 1 r 1 1/ rA II II II 11 11 II 14 FA 11 11 11 IS 11 11 11 11 s _ _ II II II 11 11 II ft It FA II II IS II 11 11 III 1t. .. 11 .. 11 1I - • - liel VD iN IQ I (:) I i i i J 74. A: s,, a qrs A' 1 1 V 1 1 a a - N ft. g ., g a N lil s II 1 0 1 N\ I � Ili eflr2I °§ 1 1-II% 8 . 0 i— II r° is 1 Itiiff F1 is 4410-- ift g c,.. en H ,`�,-.�-ILA" Ci #4I1*II*111 e c=4 g Tea=Irs ,�►_ ® 0 i , � II f----------1 itIl ' _ 11r 11 I i_ir-42 al 1 .44 A I 0 1... I I:2 o 4 0 4 A' co u clitt**64w- 1-1 a .1 1 I >.° :.-J, ›{. 1 ca ›: .,..4 p... I'l 1 1 Hhi 12.. Go., > ® 61 al 0 rn a 0 1 n i 1 es1 , 1 , . 4.4! *,,,.4-r ,AA'' 1 ' 4:i, `r , 1 ,0 -;kib f4 S 1 11 g .,-.) .,4_,,,„y� a? x � f, . A 0 t , . g . -- A M 1 ,... ,n i is i,1 , r, 0 en IS II en 1 i cr- isii t: * 1 it c4 E o C) ® — I 1 ej ig ,,,,,\ ,?. o 8 t t ii,.. 0 0 81 .1 .; -' ....et,? o is co A.. ,..:„ ,.... a 4 ..,f a ve ce to ‘40 . irt. .k4 t' 4- ‘ e% % 1 .. 2,0 • 1 1,,,,,...--- ' = Il 4 an , .=4 Ii.„ M I „ ‘V" , 1`�'_ IN 0� 1 I .....4 ri N EOM NN re- re- NN r ca ` N r r NCO 1 Ca E I 0 1 ° `'" Z o m ..----\\ -1/4Dd j . . 1,1 = X C A NNNdNNNN CO e.-..e. ® . 14 1 ooy � X � N N N NNNN Nr kkt1 ; N (§ � \1 .c 'r• it a� �` MMr- d• NNrN •- d. stMrNrNMd• MIM kroil . O O O O O O O O O O O O 0 O 0 0 0 0 ° O 0 Lt§ = ca 1 1 Cl) `` O r N e- r - r - r r - O) O) r r r r r e• r r N �� �� 4) r. . r. r� r.• r. r. � r• N. r� r. r. �. N. r� r. r. r,. P. � 0 1 _ C 2NC) coinMOCOco (4 c . toco03 NM It to coatN N T j11 0 6 4 4 1 ~ N. ti ti N. P.... ~ I� tom- N. 1`1 %` d' d• e tstd' d• d' d" d' CONd' std' srd' d' d' d' IS" 1` C r r e- e- r r r r r r r r r r r r r r r r. . 1-.. --- C I e- N M d' to co 1� 00 G) ° r N CO It LO CO 1• CO 0) O W r r r r r r r r r r N N , O v r N CO d' to co 1` co O) 0 r N MI - 10 CO 1- CO O O r r r e- r r r r r e- N Cl) • I. r ii 4ge ""*1 NfiNi I, 1 �� 1 ea v,... ,, ,,,.„... 1 H pi, ii, . 1 ^x A a _ .„ ..,....+.4112,111,,. 4:,4;1-r,T.' ,-''' - S! !4•!•! ,1 'i `: ,I 04.ait.1"'t .,+ i 1 "' Q 1,; E ;; ,:, ...,,,,,,,,,;„ iii-0011 o , !4it''. 1."...61 .. ,., *it.-•11 --wrili 0 ....„• -il% t2:1 _... A y SP 4► . i ! .! g :: '6 C . „till o-___.-- j ., 't. f=i''''.'' ii I --R-'`� H . g ...1 L,41 1 wiai a 1 01::::,..ss,,,,,,,,,,,,,, , (.) - - 1.J .Aut ,... -,t� � �. ____ ti-i- .p„,, vo a. .a 1 . iii ___.�; � . . r i_,‘-, .. i 1 1 4:r! i. . ,..., .,:,. ..r.."— 00.°V ON 1 1466' d i .§ a % b "J---- -Oi *°6 , 1:: Oi 1 ■ 0 %,.?%.i,'.1 `4a I fsi 1 i ',1 4 / 1 . tot ,iv-v A li t"...s. . 45 t , , ,. , 14.., ,,,,, ,,„,,,,,.. . 0-a:41k 141-0....,,,)1.1 1------------a-- :it, , rit ._______ , . ________ 1 — 4,,:',,4,,,,.i' , . , , _ , ,. . . „ .. , , . „ .. , , ,,, 5{ X'Jj :fir, d , yy 54 / Vin: 2 1� aYi 4 7 1. 0 �� 1_