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08-24-98 CCCITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: (DEPARTMENT: PREPARED BY: MEETING DATE -11 I�. CONSENT AGENDA ,Non-Controvers-a- Items; E'aine Beatty I Councr_ i 8/24/98-6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: 5.1. Approve Resolution #98-19 Appointing Election Judges for 1998 Elections. BACKGROUND: The attached Resolution 498-19 is for Council Approva' to appo-nt E_L -on judges for the State Primary and General Elections for 1998. 1f we end up with a shortage of judges, we may have to amend this Resolution later. RECCHMENDATION: This is for Counc_- review and consent for approval. If council wants to discuss further or disagrees, it can be moved to another portion of the agenda. Thanks, E--a-ne 'RESOLUTION N0.98-19 APPOINTING ELECTION JUDGES FOR 1998 CITY OF OTSEGO, COUNTY OF WRIGHT ------------------------------------------------------------------------------- WHEREAS the State Primary Elections are to be held on September 15, 1998, and, WHEREAS the General Elections are to be held on November 3, 1998, and, WHEREAS Election Judges are required to perform the election duties for these elections, NOW THEREFORE BE IT RESOLVED THAT, the following persons be appointed as Election Judges and attend the necessary training provided by the City of Otsego in order to hold the position of Election Judge: Rose Cassidy Germaine Beaudry Julie Berning Arlene Lindenfelser Elaine Beatty Judy Hudson Lorene Hennick Burnadette Vetsch Lu LuConic Joan Nichols Marion Lent Judy Blesi Gail Sorenson Liz Wilder Nancy Duerr Nadine Aarvig Marion Alexander Lillian Schultz Joann Martin Pam Black Carol Weidenbach Joy Swenson Norm Schwanbeck Merrilee flofstede Jessica Bistodeau Beverly Roden Bonnie Shierts Appointed by the City of Otsego Council this 24TH day of August, 1998. CITY" OF OTSEGO: LARRY FOC:RNIER, MAYOR ATTEST: ELAINE BEATTY, CITY CLERK/ ZONING ADMINISTRATOR rlLK: 8-F.LE<MPS (CITY SEAL) CITY OF OTSEGO REQUEST FOR COUNCIL ACTION AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE . nndr�w Machrt:.qu_, C'ty "tto_ney EB Counc-I 8/24/98 6 : 3'J PM ITEM NUMBER: ITEM DESCRIPTION: 7.1. Consider Riverwood Conference Center (Pattern Station) request for a referendum to amend the City Liquor Ordinance for Sunday Sales for the November General Election Ballot. 7.2. Any other legal business BACKGROLTN D: 7.1. Andy MacArthur, City Attorney will be present to explain and answer questions. I have attached Andy MacArthur's letter Re: Sunday Liquor written February 16, 1996 when Riverwood had a Referendum to Amend the City Liquor Ordinance for Sunday sales. I have also attached two (2) letters from Riverwood Re: the Referendum to amend the City Liquor Ordinance for Sunday sales and a letter stating they will cover the City costs of the process. 7.2. This is for any unscheduled legal business that should arise. RECONIN Eiti DATION: This is for Council information/any decisions. Thanks, Elaine Beatty ,o990 95th Street NE Monticello, MN 55362 VmwooD METRO BUSINESS RESORT August 19. 1998 City of Otsego: 1-M.6rHON6 612-441-6813 -V FAx 612-441-3186 Riverwood Inn & Conference Center agrees to pay the fells incurred with the process of the Otsego liquor Revision 'Drd- inance. The cost to our knowledge should not be more tnan ($300.00) Three Hundred Dollars. Sincerely, - Quin Nordman, General Manager Nadine Aarvig, o Senior Sales Manager William S. Radzwill Andrew J. MacArthur Michael C. Couri February 16, 1996 RADZWILL & COURJ Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 497-1930 (612) 497-2599 (FAX) City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE Elk River, MN 55330 RE: Sunday Liquor Dear Elaine: Enclosed please find the statutory material on Sunday Liquor that you earlier requested. As you will note, the first step in the process is to initiate a referendum on the subject. This can either be done by petition or can be initiated by motion of the City Council. The easier method would be for the party requesting the referendum to make a direct request of the City Council. Upon successful initiation of referendum, it is then a matter of waiting to see whether or not the matter is approved by the majority of voters voting on that issue. If the referendum is successful there must be amendment of the City's Liquor Ordinance to provide for Sunday liquor and license for the same. This amendment will require a public hearing. Additionally, there must be a public hearing on the granting of a Sunday liquor license if the applicant desires to start service at 10 a.m. Arguably, the statute does not require such a public hearing if the applicant desires to start service at 12 of clock noon. However, for the sake of consistency and ease of administration, any ordinance amendment which I would recommend for passage would require a hearing for either form of Sunday Liquor license. Because of the number of events that must occur to establish Sunday liquor, it is my suggestion that the applicant request not only that a referendum be initiated but that a proposed ordinance amendment be drafted and that a public hearing on that amendment be scheduled contingent upon passage of the referendum. Letter to Otsego- Sunday Liquor February 16, 1996 Page 2 I would advise the City to not initiate the referendum process by Council motion until an agreement is reached with the applicant wherein they guarantee to cover the City costs of the process. If you have any questions regarding this matter please feel free to contact me. Very truly yours, rew J. acAr ur RADZWILL & COURI Encls. cc: Arlene DeCandia, Riverwood -v- 10990 95th Street NE Monticello, N1N 55362 R][WRWOOD METRO BUSINESS RESORT' May 6, 1998 City of Otsego c/o Elaine Beatty, City Clerk 8899 Nashua Avenue NE. Elk River, MN 55330 RE: Sunday Liquor Dear Elaine, TELEPHONE 612-441-6833 -49 FAX 612-441-31BIL_ On behalf of Riverwood, we are requesting a referendum for the upcoming election. We are requesting the referendum to amend the City liquor ordinance for Sunday sales to read as such: A restaurant club, bowling center, or hotel with a seating capacity for a least 30 persons and which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 12:00 noon Sundays and 1:00 ATM Mondays. If the referendum is passed, we ask for immediate amendment to the City liquor ordinance. Sincerely, Quin Nordman General Manager el Nadine Aarvi g Senior Sales Manager CITN' OF OTSEGO REQUEST FOR COUNCIL ACTIO` AGENDA SECTION: DEPARTMENT: MEETING DATE: DEPARTMENT: PREPARED BY: MEETING DATE 8 . 7 ar y Kos:zak, C-ty Eng_neef : EB Coun=_� 8/2.=,/98 6.30PM ITEM NUMBER: ITEM DESCRIPTION: 8.1. Consider Authorization by motion for the advertisement of bids for the construction of NjunicipaI Well 42. 8.2. Any other Engineering Business BACKGROUND: 8.1. Attached is a copy of the plans and specs. for Council review. These ere previ wously submitted to the Mayor and City Council at the Tuesday, May 26, 1998 Council Meeting. No action was taken at that time. The City Administrator will be present to give a review and answer questions. The City Engineer is not able to attend this meeting. RE O11 MENDATION: This is for Council Approval by motion to Authorize the Advertisement for bids for the construction of Municipal Well 42, if you agree with Plans and Specs. for the Municipal Well T2. Thanks, Laine Beatty Hakanson 1 Anderson Assoc., Inc. August 5, 1998 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue N.E. Otsego, MN 55330 RE: Elevated Water Tank & Tower Municipal Well #2 Dear Mayor and Council: 3601 Thurston Avenue Anoka, Minnesota 55303 612/427-5860 Fax 612/427-X 0520 We request authorization by motion for the Advertisement for Bids for the construction of the Elevated Water Tank & Tower. The Elevated Water Tank and Tower plans and specifications were reviewed by the Mayor and City Council at the Monday, August 3, 1998 Council workshop. Final revisions shall be made to the plans and specifications as discussed. We recommend authorization by the Mayor and City Council in order to meet the proposed schedule for completion by late September of 1999. The Municipal Well #2 plans and specifications were previously submitted to the Mayor and City Council at the Tuesday May 26, 1998 council meeting. along no action apparently was taken, and we are now requesting app on9 withh setting a bid date at a future council meeting. Find accompanying six (6) sets of plans and specifications for your review. Also attached is a complete project schedule for the water and sewer trunk facilities as proposed for construction by fall of 1999. Sincerely ASSOCIATES, INC. ak, PE clk Attachments cc: Mike Robertson, City Administrator Elaine Beatty, City Clerk Files OT506, OT508 Engineers Landscape Architects Surveyors C:\Share\WPmuni\AOTSEGO\508\ot5O6508ccl.doc 07508 PROJECT SCHEDULES FOR WATER - -_tVER TRUNK FACILITIES - CITY OF OTSEGO 0&06698 CIIATCn uiATCD TAuu A TnWFR PROJECT SCHEDULE Council Authorizes Ad for Bid Advertisement for Bids BEGIN DATE 08/10/86 06/21/98 END AUG SEP OCT DATE 1998 1998 1998 -- X 09/10/98: IM NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV 1998 1998 1999 1999 1999 1999 1999 1999 1999 1999 1999 1999 1999 11/15/98 Open Bids 0 11 AM 08115188 — X X Council Awards Bid 09128198 X Open Bids01/19/99 Contract Bonds Precon Meeting 10101198 10/23198 01125199 Notice to Proceed 10115198 — _ X 03103199 Ri ht of EntrY 11/01188 '--- P E Earthwork 10/01198 10/3`1/98 04/15/98 08/14198 Shop Drawing Preparation & Submittal 10116/98 11115198 r•; yr, ;- '•r Shop Drawing Review & Approval 11/15198 11130198 Final Completion Concrete Footings Frost Free Months 11/16198 12115/98 05/16166 Order & Fabricate Steel 12/01/98 04/30196 - X Ship & Erect Steel 05/01/99 08/15/99 ,X Painting,Inside & Out 08/18/99 9/30199 Tank Operational 09130/99 P - Lntry by t•ermtssion, C o unry oy ����...o... •••••••• 0 & utATCD rnr t FrTtnN RVSTEM PROJECT SCHEDULE ATCOA! cotucD It WATFR FYTFN410N PROJECT SCHEDULE BEGIN END AUG DATE DATE 1998 SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUO SEP OCT NOV 1888 1998 1998 1898 1888 1889 1999 1999 1998 1999 1899 1898 1898 1998 1988 Receive MPCA Sewer Extension Permit 11/15/98 X Council Authorizes Ad for Bid 12/07198 X Advertisement for Bids 1M&98 01/14196 12/31/68 Open Bids01/19/99 12/01198 X Council Awards Pro'ect 01125199 X Contract Bonds Precon Meetin 01/28/99 02/14 198 03103199 Notice to Proceed 02/15/96 x Possible Winter Construction Period 03101/99 04114199 04/02/99 X Constriction 04/15/98 08/14198 1X O erational Com lotion North of CR37 08115189 r•; yr, ;- '•r Substantial Completion, to WWTF 08/18/99 11/14t89 X Final Completion 11/15/88 -- h` � ATCOA! cotucD It WATFR FYTFN410N PROJECT SCHEDULE 11 0/2 BEGIN DATE END AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DATE 1998 1998 1998 1998 1998 1999 1999 1699 1999 1990/ 1999 1999 1999 1999 190/9 10/99 C' Removes Develo Ment Monatorium /0101/96 X C Receives & Reviews Conce t Piens taov68 tt/30/86 Co -Ordinate Develo ment Submittals: 12/01198 12/31/68 Pre are "Desi n Re orY' for SwrNVtr 12/01198 12/31/66 Councd Authorizes Plans & S Specs. 01111199 X Pre aration of Plans & S ecifications 01112/60 03103199 Council Authorizes Ad for Bid 03108199 X Advertisement for Bids 03112/98 04/02/99 X Council Awards Pro act oxtv6e k Contract Bonds Precon. Meetin 04113199 04130/98 X Notice to Proceed 04130/88 X Contractor Starts Construction 05115109 -- h` � Const bon Period 05/16166 10/31188 X Operational Completion 08/15199 - X Final Completion 11115/99 — — 11 0/2 OT508 PROJECT SCHEDULES FOR WATER _VER TRUNK FACILITIES - CITY OF OTSEGO 08/05!98 MUNICIPAL WELL 92 PROJECT SCHEDULE PUMPHOUSE PROJECT SCHEDULE BEGIN DATE END AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUNJUL AUG SEP OCT NOV DATE 1998 1998 1888 1998 1988 1B99 1989 1999 1999 1999 1999 1999 1999 1999 1999 1999 CouncB Authorizes Ad for Bid 08/2x98 x Advertisement for Bids 08/28/98 09/17/98 .',IT71 Open Bids 11 AM 09122/98 x Council Awards Bid 09/28/98 x Contrad Bonds Precon Meeting10/01/88 03/011198 10/23198 Notice to Proceed 10/15198 x Drillin & Development of Well 10126/98 12/15/98 PUMPHOUSE PROJECT SCHEDULE 2 of 2 BEGIN DATE END AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN AUG SEP OCT NOV DATE 1998 1988 1898 1998 1898 logo 1999 1999 1999 1999 1999 1999 1999 1999 1999 1999 Final Design of Pumps 11118/98 01/15188 Council Authorizes Ad for Bid 01/25189 x Advertisement for Bids 01/29189 02/1/1198 Open Bids @ 11 AM 02/23/88 x Council Awards Bid 03/011198 x Contract Bonds Precon Meeting 03108/99 03/31/88 Notice to Proceed 03/15/98 I I x Shop Drawing Preparation & Review 04/01199 04/30/99 Budding Construction 05/01/99 06115198 Piping & Appurtenancas 08118198 07/15/99 Chemical & Electrical Installation Pump Installation 0811x/99 07116199 07/31/99 u 07/31/99 Painting & Start-up 08101/89 08/15/99 2 of 2 CONTRACT DOCUMENTS TECHNICAL SPECIFICa`ND LANS F 0 R9Q. Mi1NGC0PP�IVL #2 INSTRUCTION i. .r :i • V ` t FOR "--TTY OF OTSEGO, MINNESOTA MAY 1998 Prepared by: HAKANSON ANDERSON ASSOCIATES, INC. 3601 Thurston Avenue Anoka, Minnesota 55303 Telephone: (612) 427-5860 I hereby certify that this Plan, Specification or Report was prepared by me or under my direct super nand that I am a duly Registered Professional Engineer under State of Minnes to atutes 326.0)2 to 326.16. //!P�6 � Reg. No. Da Spec. No. 3 C:\SHARE\WPMUN1\AOTSEGO\506\0T506WEL.SPC A TABLE OF CONTENTS Contract Documents and Technical Specifications for City of Otsego Municipal Well #2 Construction. Related Documents: Title Page and Certification Table of Contents DIVISION 0 - BIDDING REQUIREMENTS CONTRACT FORMS AND CONDITIONS OF THE CONTRACT 00100 Advertisement for Bids Page 1 of 1 00200 Information for Bidders Page 1 to 3 00300 Bid Proposal Form Page 1 to 3 00430 Tabulation of Subcontractors Page 1 of 1 00450 Tabulation of Suppliers or Materials Page 1 of 1 00480 Affidavit of Non -Collusion Page 1 of 1 00510 Notice of Award Form Page 1 of 1 00520 Contract Agreement Form Page 1 to 3 00540 Notice to Proceed Page 1 of 1 00600 Perfomance Bonds Page 1 of 1 00610 Performance and Payment Bond Form Page 1 to 2 00700 General Conditions Articles 1 through 44 Page 1 to 34 TC -1 DIVISION 1 - GENERAL REQUIREMENTS Standard Specifications Minnesota Well Construction Code, Minnesota Rules, Chapter 4725 Ten States Standards (Recommended Standards for Water Works) American Water Works Association (AWWA) Standards Special Provisions Articles 1-20, Special Provisions to the Contract. 02670 Water Well Part 1 General Part 2 Materials Part 3 Execution DIVISION 2 TC -2 APPENDIX Exhibit A Location Map Exhibit B Site Plan Exhibit C Subsurface Geology & Proposed Well Construction TC -3 DIVISION 0 ADVERTISEMENT FOR BIDS TO WHOM IT MAY CONCERN: Separate sealed bids for the construction of Municipal Well #2 in the City of Otsego, Minnesota will be received by the City of Otsego, 8899 Nashua Avenue N.E., Otsego, Minnesota at the office of the City Administrator, until and then at said office publicly opened and read aloud. Principal components of the Project include the following: Drilling 115 LF of 24" casing, drilling 60 LF of 23" open hole, placing 120 LF of 18" steel liner, developing well, test pumping well, disinfecting well, gamma logging well, video recording well, analyzing water from well, and restoring site conditions. The Contract Documents may be examined at the following locations: Hakanson Anderson Assoc., Inc. 3601 Thurston Avenue Anoka, MN 55303 Copies of the Contract Documents may be obtained at the office of Hakanson Anderson Associates, Inc., located at 3601 Thurston Avenue, Anoka, Minnesota 55303 upon deposit of $50.00 for each set. Any plan holder, upon returning the Contract Documents within ten (10) days following the opening of bids and in good condition, will be refunded their deposit. Each Bidder shall submit with the proposal a bidder's bond made payable to the City of Otsego in the amount of five percent (5%) of the total bid. No bids may be withdrawn for at least sixty (60) days after the scheduled closing time for the receipt of bids. The City of Otsego reserves the right to reject any or all bids and to waive informalities. CITY OF OTSEGO Mike Robertson, City Administrator Date: Bids will be received by the City of Otsego (hereinafter called the "Owner"), at the Otsego City Hall, 8899 Nashua Avenue, Otsego, Minnesota until and then at said office publicly opened and read aloud. Each Bid must be submitted in a sealed envelope, addressed to the Owner. Each sealed enveloped containing a Bid must be plainly marked on the outside as "Bid For Municipal Well #2 Construction,, and the envelope should bear on the outside the name of the Bidder, his address andlicense number, if applicable. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another envelope addressed to the Owner at the address listed above. Any mailed bids received by the City after the time and date of opening shall be rejected and returned unopened. All Bids must be on the required Bid Form. All blank spaces for bid prices must be filled in, in ink or typewritten. The Bid Form must be fully completed and executed when submitted. Only one (1) copy of the Bid Form is required. The Owner may waive any informalities or minor defects or reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid for a period of sixty (60) days after the date of opening. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder. Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule by examination of the site and review of the drawings and Specifications, including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done. The Owner shall provide to Bidders prior to bidding, all information which is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. The Contract documents contain the provisions required for the construction of the Project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any of the conditions on the contract. Each Bid must be accompanied by a Bid Bond for at least five percent (5%) of the total amount of the Bid, made payable to the Owner. Within five (5) days after the Bid prices have been compared, the Owner will return the bonds of all except the three (3) lowest responsible Bidders. When the Agreement is executed, the bonds of the two remaining unsuccessful Bidders will be returned. The Bid Bond of the successful Bidder will be retained until the Payment Bond and Performance Bond have been executed and approved, after which it will be returned. A certified check in the amount of 5% of the total bid may be used in lieu of a Bid Bond. A Performance Bond and a Payment Bond, in the amount of one hundred percent (100%) of the Contract Price, with a corporate Surety approved by the Owner, will be required for the faithful performance of the contract. Attorneys -in -fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the Performance Bond and Payment Bond within ten (10) Calendar Days from the date when Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the necessary Agreement and Bond Forms. In case of failure of the Bidder to execute the Agreement, the Owner may at his option consider the Bidder in default, in which case the Bid Bond accompanying the proposal shall become the property of the Owner. The Owner, within ten (10) days of receipt of acceptable Performance Bond, Payment Bond and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the Owner not execute the Agreement within such period, the Bidder may give written notice to withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of that written notice by the Owner. The Notice to Proceed shall be issued within ten (10) days of the execution of the r Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the ten (10) day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. Uri I A conditional or qualified Bid will not be accepted. Award will be made to the lowest responsible Bidder. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the contract throughout. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder form any obligation in respect to his Bid. The low Bidder shall supply the names and addresses of major material Suppliers and Subcontractors when requested to do so by the Owner. The Project Engineer is Hakanson Anderson Associates, Inc., 3601 Thurston Avenue, Anoka, Minnesota 55303, telephone (612) 427-5860. ME To: (hereinafter called the "Owner"): THE CITY OF OTSEGO Project: MUNICIPAL WELL #2 CONSTRUCTION Proposal of: (hereinafter called the "Bidder"), organized and existing under the laws of the State of and doing business as *Insert "a corporation", "a partnership" or "an individual" as applicable. * In compliance with the Advertisement for Bids, the Bidder hereby proposes to perform all work for the construction of the above referenced Project in strict accordance with the Contract Documents, within the time set forth therein and at the prices stated. By submission of this Bid, each Bidder certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that this bid has been arrived at independently, without consultation, communication or agreement as to any matter relating to this bid with any other bidder or with any competitor. The Bidder hereby agrees to commence work under this contract on or before a date to be specified in the Notice to Proceed and to fully complete the Projects in accordance with the schedule provided in the Special Provisions. The Bidder further agrees to pay liquidated damages as provided in the General Conditions of the Specifications. The Bidder acknowledges receipt of the following addendum: 1. 2. 3. 4. 5. BP -1 BP -2 00300 BID PROPOSAL Bidder agrees to perform all the work described in the Contract Documents for the following unit prices and/or lump sums, which include sales tax and any other applicable taxes and fees: Schedule "A" - COMMUNITY PUBLIC WATER SUPPLY FOR THE CITY OF OTSEGO Item Description Unit Price/Each Extension 1. Mobilization/Demobilization 1 LS $ /LS $ 2. Drill/Drive 24" Casing 115 LF $ /LF $ 3. Drill 23" Open Hole 60 LF $ /LF $ 4. Fill/Bail Open Hole 8 CY $ /CY $ 5. Set 18" Casing 120 FT $ /FT $ 6. Install Grout 6 CY $ /CY $ 7. Blast and Bale 5 LBS $ /LB $ F.I.R. Development Equipment 1 LS $ /LS $ y. Develop Well/Sandstone Removal 80 HR $ /HR $ 10. F.I.R. Test Pump Equipment 1 LS $ /LS $ 1 1 . Test Pump Well 60 HR $ /HR $ 12. Disinfect Well 1 LS $ IS $ 13. Gamma Log Well 1 LS $ /LS $ 14. Video Record Well 1 LS $ /LS $ .15. Water Analysis Report/Permit/Submittals 1 LS $ /LS $ 16. Site Restoration 1 LS $ /LS $ TOTAL BID SCHEDULE "A": $ SUMMARY OF BIDDING: TOTAL $ BP -2 00300 BID PROPOSA .Respectfully submitted: Signature Title Attest: Address D ate Signature Title Attest: I Address D ate 'SEAL (if Bid is by a corporation) License Number (if applicable) Note: Two corporation officers are to sign if applicable. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - 1 99 . Notary Public, My Commission Expires County, Minnesota BP -3 00300 NAME _ ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION TELEPHONE NO. TYPE OF CONSTRUCTION 00430 NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY NAME ADDRESS CITY TAQULATION OF SUPPLIERS TELEPHONE NO. TYPE OF MATERIAL TELEPHONE NO. _ TYPE OF MATERIAL TELEPHONE NO. _ TYPE OF MATERIAL TELEPHONE NO. _ TYPE OF MATER►AL TELEPHONE NO. _ TYPE OF MATERIAL 00450 AFFIDAVIT OF NON-COL.LU,;iON STATE OF MINNESOTA COUNTY OF WRIGHT I hereby swear (or affirm) under the penalty of perjury: 1 . That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the bidder is a partnership) or an officer or employee of the Bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the Bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action designed to limit individual bidding or competition with any other prospective Bidder or vendor of any materials, supplies, equipment or services described in the invitation to bid; 3. That the contents of the bid or bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its Surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me this day of (Bidder) 199. (Firm making bid or bids) Official Title TO: PROJECT DESCRIPTION: The Owner for the referenced Project has considered the bid submitted by you for the above described work in response to its advertisement for bids dated , and information for Bidders. You are hereby notified that your bid has been accepted for items in the amount of S You are required by the information for Bidders to execute the Agreement and furnish the required Contractor's performance bond within ten Calendar Days from the date of receipt of this notice to you. If you fail to execute said Agreement and to furnish said bond within ten days from the date of receipt of this notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this notice of award to the Owner. Dated this day of 199_. (Owner) By Title ACCEPTANCE OF NOTICE: Receipt of the above Notice of Award is hereby acknowledged. By this the _ day of (Contractor) Title 00510 CONTRACT AGREEMENT 1.01 THIS AGREEMENT made as of the day of 199_ by and between hereinafter called the Owner, and hereinafter called the Contractor. WITNESSETH, that whereas the Owner intends to hereinafter called the Project, in accordance with the Drawings, Specifications and other Contract Documents prepared by NOW, THEREFORE, the Owner and Contractor for the considerations hereinafter set for, agree as follows: 1 .02 The Contractor agrees to furnish all the necessary labor, materials, equipment, tools and service necessary to perform and complete in a workmanlike manner all work required for the construction of the Project, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the contract, including the following Addenda: Addendum No. Dated CF -1 00520 a. Contract Time: Work under this Agreement shall be commenced and shall be completed b. Subcontractors: The Contractor agrees to bind every Subcontractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the Owner. 1.03 THE OWNER AGREES to pay, and the Contractor agrees to accept, in full payment for the performance of this Contract, the Contract amount of: Dollars ($ ) in accordance with the provisions of the Contract Documents. a. Progress Payments will be made in accordance with the General Conditions of the Contract. b. Final Payment shall be made upon acceptance of the Project by the Owner and in accordance with the Contract Documents. c. The final contract amount shall be based on the accepted quantities of work and unit prices as they appear in the Bid Proposal submitted by the Contractor as modified by approved Change Orders or Supplemental Agreements. 1.04 CONTRACT DOCUMENTS: The Contract comprises the Contract Documents listed under the General Conditions of the Contract including the Bid Proposal. In the event that any provisions of one Contract Document conflicts with the provisions of another Contract Document, the provisions in that Contract Document first listed below shall govern, except as otherwise specifically stated: a. Agreement (this instrument) b. Addenda to Contract Documents c. Bid Proposal d. Detailed Specifications Requirements e. Drawings f. General Conditions or Requirements of the Contract g. Bonds 1. Performance and Payment Bond 2. Warranty and Maintenance Bond 3. Proposal Guaranty or Bid Bond (if any) CF -2 00520 1 .05 SUCCESSORS AND ASSIGNS: This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the Owner and the Contractor respectively and his partners, successors, assigns and legal representatives. Neither the Owner nor the Contractor shall have the right to assign, transfer or sublet his interest or obligations hereunder without written consent of the other party. 1.06 SPECIAL PROVISION: The Owner and the Contractor mutually agree that this Agreement shall be subject to the following Special Provisions, which shall supersede other conflicting provisions of this Agreement. 1.07 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. The CITY OF OTSEGO By Attest: Contractor By Title *Contractor's notarization: STATE OF MINNESOTA COUNTY OF , Mayor City Administrator The foregoing instrument was acknowledged before me this day of , 199. Notary Public, County, Minnesota My Commission Expire CF -3 00520 1-M DATE: PROJECT DESCRIPTION: You are hereby notified to commence work in accordance with the Agreement dated , 199_, on or before 199_, and you are to complete the work within consecutive Calendar Days thereafter. The date of completion of all work in therefore 199. Title Acceptance of Notice: Receipt of the above Notice to Proceed is hereby acknowledged by: this the day of 199. Title 00540 SECTION 00600 PERFORMANCE BONDS A. The Owner may request the Contractor to furnish performance and payment bonds prior to commencement of the work. premiums for such bonds shall be paid for by the Contractor. B. The bonds shall be in accordance with the Standard General conditions of the construction contract. They shall provide security for the faithful performance of the contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in the connection with the contract, each in an amount at least equal to one hundred percent (100%) of the contract amount. The surety on such bonds shall be secured from the surety company licensed to do business in. PERFORMANCE & PAYMENT GOND KNOW ALL MEN: That we hereinafter called the Principal, and and and hereinafter called the Surety, or Sureties, are held and firmly bound unto the hereinafter called the Owners, and to such persons, firms and corporations who may furnish materials for, or perform labor on the work, building or improvements, contemplated in the contract hereinafter mentioned, in the sum of: Dollars ($ for payment whereof the Principal and Surety, or Sureties, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by means of a written agreement dated entered into a contract with the Owner for construction of the a copy of which Agreement is by reference made a part hereof. NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall faithfully perform the Contract on his part, and satisfy all claims and demands incurred for the same and shall fully indemnify and save harmless the Owner from all costs and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default and shall promptly make payment to all persons supplying labor or material for use in the prosecution of the work provided for in such contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Page 1 of 2 00610 PERFORMANCE AND PAYMENT BOND AND PROVIDED, that any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety, or Sureties, or either or any of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety, or Sureties, of any such alteration, extension or forbearance being hereby waived. This bond is made for the use and benefit of all persons, firms and corporations who may furnish any material or perform any labor for or on account of said work, building or improvements and they and each of them are hereby made obligees hereunder the same as if their own proper names were written herein as such, and they and each of them may sue hereon. Signed and -Sealed this day of , 199_• In the presence of: ) as to as to as to Page 2 of 2 (SEAL) (SEAL) (SEAL) 1 Definitions 1 2 Progress and Submission Schedules: Pre -Construction Conference: Time of Starting Work 5 3 Plans & Specifications 6 4 Detail Drawings and Instructions 6 5 Ownership and Copies of Documents, Record Documents and Security Thereof 8 6 Patent Fees and Royalties 8 7 Work by Others and Subcontractors 9 8 Materials, Equipment and Labor; Substitute Material or Equipment 11 9 Errors, Omissions, Etc. 12 10 Permits, Laws, Taxes and Regulations 12 11 Availability of Lands; Physical and Subsurface Conditions: Reference Points 13 12 Use of Permits 13 13 Engineer's Status During Construction 14 14 Engineer's Interpretations and Decisions 14 15 Shop Drawings and Samples 15 16 Tests and Inspections 16 17 Contractor's Supervision & Superintendence 17 18 Safety & Protection: Emergencies 17 19 Access to the Work: Uncovering Finished Work 19 20 Changes in the Work 19 21 Change of Contract Price 20 22 Change of the Contract Time 21 23 Neglected Work 22 24 Warrant & Guarantee: Correction, Removal or Acceptance of Defective Work 22 25 Application for Partial Payment 23 26 Approval of Payment 24 27 Completion 25 28 Final Payment 25 29 Retention of a Portion of the Contract Sum 26 30 Liquidated Damages 27 31 Waivers of Claims and Continuing Obligations 27 32 Indemnification 28 33 Contract Bonds 29 34 Insurance 29 35 Contractor & Subcontractor Insurance 30 36 Compensation & Employer's Liability Insurance 30 37 Public Liability4inc}uding Automotive) and Property Damage Insurance 31 38 Builders Risk All Risk Insurance 31 39 Insurance Coverage for Special Conditions 31 40 Cleaning Up 32 41 Owner's Right to Stop or Suspend Work 32 42 Owner's Right to Terminate 32 43 Contractor's Right to Terminate 33 44 Miscellaneous 34 The following words, phrases or terms hereinafter used in the agreement of any contract documents shall be interpreted according to each designated meaning as follows: 1.1 Addenda: Written or graphic instruments issued prior to the execution of the agreement which modify or interpret the contract documents, drawings and specifications, by additions, deletions, clarifications or corrections. 1.2 Agreement: The written agreement between the Owner and the Contractor covering the work to be performed, including all contract documents. 1.3 Bid Guaranty: The term means the security designated in the contract documents to be furnished by the bidder as a guaranty of good faith to enter into a contract with the Owner if the work is awarded to him. 1.4 Bid Proposal: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. 1.5 Bidder: Any individual, partnership, or corporation submitting a proposal for the work to be completed. 1.6 Calendar Day: Every day shown on the calendar. 1.7 Change Order: A written order to the Contractor signed by the Owner authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time issued after execution of this agreement. 1.8 Contract Bonds: Performance, labor and material payment bonds, maintenance or guarantee -instruments of security, furnished by the Contractor and his surety in accordance with the contract documents. 1.9 Contract Documents: The contract documents shall consist of the following: 1 . Legal and Procedural Documents a. Advertisements for Bids b. Information for Bidders C. Executed Bid Form d. Executed Bid Guaranty 1 e. Executed Agreement f. Executed Bond g. Notice of Award h. Notice to Proceed 2. Special Provisions 3. Technical Provisions 4. General Conditions 5. Executed Payment Forms 6. Drawing(s) 7. All addenda issued by the Engineer prior to the time of the opening of the bids. 8. Supplemental Agreements & Change Orders 1 .10 Contract Price: The total monies payable to the Contractor under the contract documents. 1 .1 1 Contract Time: The number of calendar days stated in the contract documents for the completion of the work. 1.12 Contractor: The individual, partnership, or corporation undertaking the execution of the work under the terms of the contract and- acting directly or through a duly authorized representative. 1.13 Engineer: By the term "Engineer" is meant Hakanson Anderson Associates, Inc., 3601 Thurston Avenue, Anoka, Minnesota 55303, who has been appointed by the Owner to take charge of the work contemplated by these specifications and accompanying drawings and is designated and referred to in these specifications as the "Engineer". (The Engineer or Owner may appoint an authorized representative or inspector, limited in authority, assigned to make inspection of the work performed and materials furnished by the Contractor. Such a representative has no authority to order or permit deviation from plans and specifications.) 1.14 Field Order: A written order affecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Engineer to the Contractor during construction. 1 .15 Notice of Award: The written notice of the acceptance of the bid issued by the Owner to the Successful bidder. 1 .1 6 Notice to Proceed: The written notice issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. 2 1. 17 Owner: A private, public or quasi -public body or authority, corporation, association, partnership, or individual for whom the work is to be performed. 1.18 plans: The term means the official drawings, plans, profiles, elevation, cross sections and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions and details of work to be performed. All such drawings, as listed elsewhere in the contract documents, are a part of the plans whether attached to the contract documents or separate therefrom. 1.19 Project: The undertaking to be performed as provided in the contract documents. 1.20 Project Representative: The term means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the work performed and the materials furnished by the Contractor. 1.21 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the work. 1.22 Special Provisions: The term means contract requirements peculiar to the project which are not otherwise thoroughly or satisfactorily detailed and set forth in the standard detail specifications or plans. 1.23 Specifications: The term means the directions, provisions, and requirements contained herein, together with all written agreements made or to be made pertaining to the method and manner of performing the work, or to the quantities and qualities of materials to be furnished under the contract. 1.24 Subcontractor: The term means those having a direct contract with the Contractor and it includes one who furnished materials worked to a special design according to the plans and specifications of this work, but does not include one who merely furnishes material so worked. 1.25 Substantial Completion: That date as certified in writing by the Engineer when the construction of the project or a specified part thereof is sufficiently complete in accordance with the contract documents for use by the Owner. 1.26 Supplemental General Conditions: Modification to the general conditions that supplement, add to, delete from or change the articles therein. 9 1 .27 Surety: The Guarantor for the Contractor who, with the Contractor, signs an instrument or instruments known as the bond or bonds guaranteeing that the Contractor will fully comply with the plans, specifications and agreements. 1.28 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. 1.28 A.A.S.H.O.: The American Association of State Highway Officials. All references to A.S.S.H.O. specifications or methods of tests shall be understood to refer to their latest published edition of the "Standard Specifications for Highway Materials and Methods of Sampling and Testing". 1.29 ASL: American National Standards Institute, Inc. All references to A.N.S.I. specifications shall be understood to refer to their latest published edition. 1.30 A.S.A.: The American Standards Association. All references to A.S.A. specifications shall be understood to refer to their latest published edition. 1.31 A.S,T,M,: The American Society for Testing Materials. All references to A.S.T.M. specifications or methods shall be understood to refer to their latest published edition of the A.S.T.M. Standards. 1.32 'A, W. W, A.: The American Water Works Association. All references to A.W.W.A. specifications shall be understood to refer to their latest published edition. 1.33 MN/DOT: The Minnesota Department of Transportation. All references to MN/DOT specifications shall be understood to refer to their latest published edition. 1.34 M.S.S.: Minnesota State Statutes. All references to M.S.S. shall be understood to refer to the latest published edition. Ell 2.1 Within 10 Calendar Days after execution of this Agreement, the Contractor shall prepare and submit to the Engineer for review an estimated progress schedule indicating the starting and completion dates of the various stages of the Work and a schedule of Shop Drawing submissions. 2.2 Before starting the Work, a conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions and to establish a working understanding between the parties as to the Project. Present at the conference will be the Engineer, Project Representative, the Contractor, his superintendent, the Owner and any others who may have an interest in the Project. 2.3 Prior to starting the Work, the Contractor will furnish the Engineer certificates of insurance as required by the appropriate provisions of the Contract Documents. 2.4 The Work contemplated hereunder shall be commenced within ten (10) Calendar Days after receipt by the Contractor of written Notice to Proceed from the Engineer and shall be completed within the time limits set forth in the Special Provisions or as specified elsewhere in the Contract Documents. 2.5 If the Contractor is delayed in the performance of the Work by any neglect of Owner or Engineer, or by an employee, agent or representative of either, or by changes ordered in the Work, or by the combined action of workmen (either those employed on the Work or in any industry essential to the conduct of the Work) in no way caused by or resulting from the default or collusion on the part of the Contractor, or by strikes, lockouts, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, or by any other causes which Contractor could not reasonably control or circumvent, the scheduled completion date and interim completion dates shall be extended for a period equal to the length of such delay if within five Calendar Days after expiration of any such delay Contractor delivers to Engineer a written request for extension for such delay, and such request is approved by the Owner or Engineer, which approval shall not be unreasonably withheld by Owner or Engineer. In case of a continuing cause of delay of a particular nature, Contractor shall be required to make only one such request with respect thereto. Extension of time shall be the Contractor's sole remedy for any such delay (except for Contractor's right to terminate this Agreement pursuant to the provisions of Article 43 hereinafter), unless the same shall be caused by acts 5 constituting intentional interference by the Owner or Engineer with Contractor's performance of the Work and where to the extent that such acts continue after Contractor's notice to Owner or Engineer of such interference. Owner' s or Engineer's exercise of any of its rights under Article 20, Changes in the Work, regardless of the extent or number of such changes, or Owner's exercise of any of its remedies of suspension of the Work,. or requirement of correction or re- execution of any defective Work, shall not under any circumstances be construed as intentional interference with Contractor's performance of the Work. 2.6 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. 3.1 It is the intent of the Specifications and Plans to describe a complete Project to be constructed in accordance with the Contract Documents. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract Documents, he will call it to the Engineer's attention in writing before proceeding with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents shall be given precedence in the following order: Agreement, Specifications, Plans. Within the Specifications, the order of precedence shall be as follows: Special Provisions, Addenda, General Conditions, Technical Specifications Provisions. Figure dimensions on Plans shall govern over scale dimensions, and detailed Plans shall govern over general Plans. Any Work that may reasonably be inferred from the Specifications or Plans as being required to produce the intended results shall be supplied whether or not it is specifically called for. Work, materials or equipment described in words which so applied have a well- known technical or trade meaning shall be deemed to refer to such recognized standards. 4.1 Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, supplies and incidentals which may be necessary to construct and complete the Work in accordance with the Contract Documents. 4.2 The Engineer will furnish to the Contractor with reasonable promptness additional instructions by means of drawings and/or otherwise necessary information for the proper execution of the Work when, in the opinion of the Engineer, such are required. All drawings and instructions shall be consistent with the Plans and Specifications, true developments thereof, and reasonably inferable therefrom. The Contractor shall do no Work without proper drawings and instructions. In giving such additional instructions, the Engineer shall have authority to make minor changes in the Work, not involving extra cost, and not inconsistent with the purpose of the Work. 4.3 The Contractor shall submit, with such promptness as to cause no delay in the Work or in that of any other Contractor, three (3) copies of all Shop (or setting) Drawings and schedules required for the Work of the various trades and the Engineer shall pass upon them with reasonable promptness. The Contractor shall make any corrections required by the Engineer, file with the Engineer two (2) corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviation from Plans or Specifications, unless the Contractor has, in writing, called the Engineer's attention to such deviation at the time of submission, nor shall it relieve the Contractor from responsibility for errors of any sort in Shop Drawings or schedules. 4.4 Unless otherwise set forth in the Contract Documents or bidding documents, it shall be the Contractor's sole responsibility to determine subsoil conditions prior to the bidding of the job. If under the terms of the Contract Documents, the responsibility for subsoil conditions is with the Contractor, Contractor hereby represents that he has inspected the location or locations of the Work and has satisfied himself as to the condition thereof, including subsoil conditions, and that the Contract Price as set forth herein is just and reasonable compensation for all Work, including all foreseen or unforeseeable risks, hazards, and difficulties in connection therewith. 4.5 The Engineer will furnish and set stakes as may be necessary for the Contractor in order that the Contractor may construct the Work to the proper grade and alignment. 4.6 The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of wilful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 7 4.7 The Engineer shall furnish such survey lines and grades as may be necessary for the proper control of the Work; but this shall not relieve the Contractor of responsibility for making careful and accurate measurements and for constructing the Work accurately to the lines furnished by the Engineer. The Contractor shall give the Engineer reasonable notice of his requirements for such survey lines and grade as the Contractor may require. 4.8 The Contractor shall furnish and place, as directed, all necessary guide boards and appurtenances and give such other incidental assistance at the Work site as may be required by the Engineer, for staking out the Work. The Contractor's working operations which interfere with the activities of the Engineer shall be temporarily suspended for such reasonable time as the Engineer may deem necessary. The Contractor shall carefully preserve the points furnished by the Engineer and shall receive no extra compensation for any materials or services furnished by the Contractor incidental to these operations of the Engineer. •L• • 5.1 All Specifications, Plans and copies thereof furnished by the Owner, through the Engineer, shall remain the Owner's property. They shall not be used on another project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to the Owner upon completion of the Project. 5.2 The Owner, through the Engineer, will furnish to the Contractor up to three (3) copies of the Specifications and Plans as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 5.3 The Contractor will keep one record copy of all Specifications, Plans, Addenda, modifications, and Shop Drawings at the Work site in good order and annotated to show all changes made during the construction process. These shall be made available to the Engineer as the Project is completed. • `iliL�I��• - . •- • ME The Contractor will pay all license fees and royalties and assume all costs incidental to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. The Contractor will indemnify and hold harmless the Owner and the Engineer and anyone directly or indirectly employed by the Owner from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 7.1 The Owner may perform additional work related to the Project or may let other direct contracts therefrom which shall contain general conditions similar to these. The Contractor will afford the other contractors who are parties to such direct contracts (or the Owner, if performing the additional work), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with other contractors. 7.2 If any part of the Contractor's Work depends upon the work of any such other contractor (or the Owner) for proper execution or results, the Contractor will inspect and promptly report to the Engineer in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. The Contractor's failure to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of this Work. 7.3 The Contractor will do all cutting, fitting and patching of the Work that may be required to make several parts come together properly and fit to receive or be received by such other work. The Contractor will not endanger any work of others by cutting, excavating or otherwise altering other's work and will only cut or alter their work with the written consent of the Engineer. 7.4 Within 10 Calendar Days of execution of this Agreement, the Contractor will submit to the Engineer for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for those portions of the Work for which the identity of the Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Prior to the execution of the Work, the Engineer will notify the Contractor in writing if either the Owner or the Engineer, after due investigation, has reasonable objection to any Subcontractor, person or organization on such list. The failure of the Owner or the Engineer to make objection to any Subcontractor, person or organization on the list prior to the execution of the Al Work shall constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver of any right of the Owner or the Engineer to reject defective workmanship, material, equipment, employees of the Contractor, or Work, material or equipment not in conformance with the requirements of the Contract Documents. 7.5 If, prior to the commencing of the Work, the Owner or the Engineer has reasonable objection to and refuses to accept any Subcontractor, person or organization on such list, the Contractor may, prior to such commencement, either 1) submit an acceptable substitute without an increase in his Contract Price or 2) withdraw his bid and forfeit his bid security. If, after the commencement of the Work, the Owner or the Engineer refuses to accept any Subcontractor, person or organization on such list, the Contractor will submit an acceptable substitute and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no such increase in the Contract Price shall be allowed in respect of any substitution unless the Contractor has acted promptly and reasonably in submitting a name with respect thereto prior to the execution of the Work. 7.6 The Contractor will not employ any Subcontractor (whether initially or as a substitute) against whom the Owner or the Engineer may have reasonable objection, nor will the Contractor be required to employ any Subcontractor against whom the Contractor has reasonable objection. The Contractor will not make any substitution for any Subcontractor who has been accepted by the Owner and the Engineer, unless the Engineer determines that there is good cause for doing so. 7.7 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and of persons directly employed by them and of persons for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the Owner or the Engineer or any obligation on the part of the Owner. 7.8 The divisions and sections of the Specifications and the identifications of any Plans shall not control the Contractor in dividing the Work among Subcontractors or delineating the Work to be performed by any trade. 7.9 The Contractor agrees to specifically bind every Subcontractor to all of the applicable terms and conditions of the Contract Documents.. Every 10 Subcontractor, by undertaking to perform any of the Work, will thereby automatically be deemed to be bound by such terms and conditions. 7.10 All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with Contract Documents. The Contractor shall upon request from the Engineer provide copies of the written subcontract agreements to the Engineer. The Contractor will pay each Subcontractor a just share of any insurance monies received by the Contractor. 8.1 The Contractor will provide and pay for 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. 8.2 The Contractor covenants that all Work shall be done in a good and workmanlike manner and that all materials furnished and used in connection therewith shall be new and approved by the Engineer, except as otherwise expressly provided for in the Plans and Specifications. 8.3 If it is indicated in the Specifications that the Contractor may furnish or use a substitute that is equal to any material or equipment specified, and if the Contractor wishes to furnish or use a proposed substitute, the Contractor will, promptly after the Notice of Award, make written application to the Engineer for approval of such a substitute certifying in writing that the proposed substitute will perform adequately the duties imposed by the general design, be similar and/or equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. No substitute shall be ordered or installed without the written approval of the Engineer who shall be the judge of equality. 8.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise specifically provided in the Contract Documents. 11 Should it appear that the Work here intended to be done or any of the materials or matters relative thereto are not sufficiently detailed or explained on the Plans or in the Specifications, or should any error, discrepancy or inconsistency appear between any of the Plans and the Specifications, the Engineer shall furnish additional drawings, details or explanations and shall have power to interpret, correct, adjust and explain all errors, omissions, discrepancies, doubts and misunderstandings between such Plans and Specifications, or between several drawings and Specifications, or between several drawings, and the decision of the Engineer therein shall be final and conclusive. 10.1 The Contractor will secure and pay for all construction permits and licenses and will pay all governmental and public utility charges and inspection fees necessary for the performance of the Work. 10.2 If the Contractor observes that the Specifications or Plans are at variance therewith, the Contractor will give the Engineer prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any of the Work knowing or when with the exercise of due care he should have known, it be contrary to any such laws, ordinances, rules and regulations applicable to said Work and fails to give the Owner or Engineer notice thereof prior to the performance thereof, Contractor shall bear all costs, including reasonable attorney's fees, arising therefrom. Further, Contractor shall observe and abide by and perform all of its obligations hereunder in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the Federal Occupational, Safety and Health Act. Contractor agrees to take affirmative action to not discriminate against any employee or applicant for employment because of race, creed, color or national origin. To the extent applicable, Contractor will comply with all provisions of any executive orders and any rules, regulations, orders, instructions, designations and other directives promulgated by any governmental unit with jurisdiction thereof. Violation of this provision, after notice, shall be a material breach of this Agreement and may result, at the Owner's option, in a termination or suspension of this Agreement in whole or in part. 10.3 The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is to be performed. 12 1 1.1 The Owner will provide, as indicated in the Contract Documents and not later than the date when needed by the Contractor, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands which are designated for the use of the Contractor, the Contractor will provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 11.2 The Contractor will properly notify the Owner and Engineer in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. The Engineer will promptly investigate those conditions and advise the Owner in writing if further surveys or subsurface tests are necessary. Promptly thereafter, the Owner will obtain the necessary additional surveys and tests and furnish copies to the Engineer and the Contractor. If the Engineer finds that the results of such surveys or tests indicate subsurface or latent physical conditions differing significantly from those indicated in the Contract Documents, a Change Order shall be issued incorporating the necessary revisions. 1 1 .3 The Engineer will establish such general reference points as in his judgment will enable the Contractor to proceed with the Work. The Contractor will be responsible for the layout of the Work and will protect and preserve the established reference points and will make no changes or relocations without the prior written approval of the Owner and Engineer. He will report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. The Contractor will replace and accurately relocate all reference points so lost, destroyed or moved. 12.1 The Contractor will confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment. 12.2 The Contractor will not load nor permit any part of the structure to be loaded with weights that will endanger the structure, nor will he subject any part of the Work to stresses or pressures that will endanger it. 13 13.1 The Engineer shall be the Owner's representative during the construction period. All instructions of the Owner to the Contractor shall be issued through the Engineer. The duties and responsibilities and the limitations of authority of the Engineer as the Owner's representative during construction are set forth in all Articles of these General Conditions and shall not be extended without written consent of the Owner and the Engineer. 13.2 The Engineer will make regular visits to the Work site 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. The Engineer's efforts will be directed toward providing assurance for the Owner that the completed Project will conform to the requirements of the Contract Documents. On the basis of the Engineer's on-site observations as an experienced and qualified design professional, he will advise the Owner as to the progress of the Work and the performance of the Contractor. 13.3 The Engineer will have authority to disapprove of or reject Work which is defective; i.e., is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval. The Engineer will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. 13.4 The Engineer will provide one or more full-time resident Project Representatives to assist the Engineer in carrying out his responsibilities at the Work site during construction activity. The duties, responsibilities and limitations of authority of any such resident project representative shall be as set forth in the pre construction meeting held by the Engineer. 13.5 Neither the Engineer's authority to act under this article nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Engineer to the Contractor, any Subcontractor, any of their agents or employees or any other person performing any of the Work. • a; a • • • • 14.1 The Engineer will issue with reasonable promptness such written clarifications or interpretations to be consistent with or reasonably inferable from the overall intent of the Contract Documents. 14 14.2 The Engineer will be the initial interpreter of the terms and conditions of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge, the Engineer will exercise his best efforts to insure faithful performance by the Contractor. The Engineer will not show partiality and shall not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes and other matters relating to the execution and progress of the Work or the interpretation of or performance under the Contract Documents shall be referred initially to the Engineer for decision, which the Engineer shall render in writing within a reasonable time. 15.1 After checking and verifying all field measurements, the Contractor will submit to the Engineer for approval, in accordance with the accepted schedule of Shop Drawing submissions, five copies (or at the Engineer's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the Contractor and identified as the Engineer may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the Engineer to review the information as required. 15.2 The Contractor will also submit to the Engineer for approval, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 15.3 At the time of each submission, the Contractor will, in writing, call the Engineer's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents. 15.4 The Engineer will check and approve with reasonable promptness Shop Drawings and samples; however, checking and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor will make any corrections required by the Engineer and will return the required number of corrected copies of Shop Drawings and resubmit new samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the Engineer on previous submissions. 15 1 5.5 No Work requiring a Shop Drawing or sample submission shall be commenced until the submission has been approved by the Engineer. 15.6 The Engineer's approval of Shop Drawings or samples shall not relieve the Contractor from his responsibility for any deviations from the requirements of the Contract Documents unless the Contractor has in writing the Engineer's attention to such deviations at the time of submission and the Engineer has given written approval to the specific deviation, nor shall any approval by the Engineer relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. 16.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Engineer timely notice of readiness thereof. The Contractor will give the Engineer the required certificates of inspection, testing or approval. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any such Work required so to be inspected, tested, or approved is covered up without written approval or consent of the Engineer, it must, if directed by the Engineer, be uncovered at the Contractor's expense for observation. The cost of all such inspections, test and approvals shall be borne by the Owner unless otherwise provided. 16.2 Any Work which fails to meet the requirements of any such test, inspection or approval and any Work which meets the requirements of any such test or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work may be rejected, corrected or accepted as provided elsewhere in the Contract Documents. The costs of all retests and follow up inspections shall be borne by the Contractor. 16.3 Neither observations by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents. 16 17.1 The Contractor will supervise and direct the Work efficiently and with skill and attention. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. Before undertaking the Work the Contractor will carefully study and compare the Contract Documents and check and verify all figures shown thereon and all field measurements. The Contractor will at once report in writing to the Engineer any conflict, error or discrepancy which he may discover. The Contractor will be responsible to see that the finished Work complies accurately with the Contract Documents. 17.2 The Contractor will keep on the Work site at all times during its progress a resident superintendent satisfactory to the Engineer. The superintendent shall not be replaced without the consent of the Engineer except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. 17.3 The Contractor will provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. He will at all times maintain good discipline and order among his employees and the employees of his Subcontractors at the Work site. 17.4 The Engineer and/or Owner will not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any agents or employees or any other persons performing any of the Work. 18.1 The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to: 18.1.1 All employees on the Work and other persons who may be affected thereby; 18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Work site; and 17 18.1.3 Other property at the Work 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. 18.2 The Contractor will 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. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection, including posting danger signs and other warnings against hazards and promulgating safety regulations. The Contractor will notify owners of adjacent utilities when execution of Work may affect them. When the use or storage of explosives or other hazardous materials is necessary for the performance of the Work, the Contractor will exercise the utmost care and will carry on such activities under the supervision of properly qualified personnel. All damage, injury or loss to any property referred to in this paragraph caused, directly or indirectly, in whole or in part, by the Contractor, or Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, will be remedied by the Contractor, except damage or loss attributable to the fault of Plans or Specifications or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. 18.3 The Contractor will designate a responsible employee at the Work site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Owner and the Engineer. 18.4 In emergencies affecting the safety of persons or the Work or property at the Work site or adjacent thereto, the Contractor, without special instruction or authorization from the Engineer, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved if said emergency is not a direct cause of the neglect of the Contractor or Subcontractor or a deviation by the Contractor from any of the provisions of the Contract Documents. 19.1 The Engineer will at all times have access to the Work. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection, or testing thereof by others. 19.2 If any Work is covered contrary to the request of the Engineer, it must, if requested by the Engineer, be uncovered for observation and replaced at the Contractor's expense. 19.3 If any Work has been covered which the engineer has not specifically requested to observe prior to its being covered, or if the Engineer considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the 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 or does not meet the requirements of the Contract Documents, the Contractor will 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 Change Order shall be issued depicting all such costs from the Contract Price. If, however, such Work is found to be non - defective and meets the requirements of the Contract Documents, the Contractor will be allowed an increase in the Contract Price or extension of the Contract Time directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, provided the Engineer first obtained uncovering approval from the Owner. 20.1 Without invalidating the Agreement, the Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, the Contractor will 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 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 the Contract Documents. 20.2 The Engineer may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. 19 20.3 Additional Work performed by the Contractor without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in elsewhere herein. 20.4 The Owner will execute any appropriate Change Order prepared by the Engineer covering changes in the Work to be performed and work performed in an emergency and any other claim of the Contractor for a change in the Contract Time or the Contract Price which is approved by the Owner and Engineer. 20.5 It is the Contractor's responsibility to notify his Surety of any changes affecting the general scope of the Work or changes in the Contract Price and the amount of the applicable bonds shall be adjusted accordingly. The Contractor will furnish proof of such adjustment to the Engineer upon its occurrence. 21.1 The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall beat the Contractor's expense without change in the Contract Price. 21.2 The Contract Price may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to a change in the Contract Price, the claim shall be in writing delivered to the Engineer within five (5) calendar days of the occurrence of the event giving rise to the claim. All valid claims for adjustments in the Contract Price shall be determined by the Engineer. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 21.3 The value of any Work covered by a Change Order or of any claims for a change in the Contract Price shall be determined in one of the following ways: 21 .3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved; 21 .3.2 By mutual acceptance of a lump sum; 21 .3.3 By cost and a mutually acceptable fixed amount for overhead and profit; 20 21.3.4 If none of the above methods is agreed upon, the value shall be determined by the Engineer on the basis of costs and a percentage for overhead and profit. Costs shall only include labor (payroll, payroll taxes, fringe benefits, workmen's compensation, etc.), materials, equipment, directly related to the Work involved. The maximum percentage which shall be allowed for Contractors combined overhead and profit shall be as follows: 21.3.4.1 For all such Work done by his own organization, the Contractor may add up to fifteen percent (15%) of actual net costs for combined overhead and profit; provided that no overhead or profit shall be allowed on costs incurred in connection with premiums for public liability insurance or other special insurance directly related to such Work. In such case and also under this paragraph, the Contractor will submit in the form prescribed by the Engineer, an itemized cost breakdown together with supporting data. 21.4 The amount of credit to be allowed by the Contractor to the Owner for any such changes in cost, will be the amount of the actual net cost plus fifteen percent (15%). • MULtMel 9192 4LO103 01111110. 22.1 The Contract Time may only be changed by a Change Order. If the Contractor is entitled by the Contract Documents to make a claim for an extension in the Contract Time, the claim shall be in writing delivered to the Engineer within five (5) calendar days after expiration of any such delay of the occurrence of the event giving rise to the claim. All valid claims for adjustment in the Contract Time shall be determined by the Engineer. Any change in the Contract Time resulting from any such claim shall be incorporated into a Change Order. 22.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the Contractor, if he makes a claim therefrom as provided in this Agreement. Such delays shall include, but not be restricted to, acts or neglect by any separate Contractor employed by the Owner, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 21 22.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. If the Contractor should neglect to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, the Owner, after five (5) Calendar Day's written notice to the Contractor may, without prejudice to any other remedy, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against the Contractor, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due to the Contractor are not sufficient to cover such amount, the Contractor will pay the difference to the Owner. LAT916142• 24.1 The Contractor warrants and guarantees to the Owner that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to elsewhere in the Contract Documents. All unsatisfactory Work, all faulty or defective Work and all Work not conforming to the requirements of the Contract Documents or of such inspections, tests or approvals shall be considered defective. Prompt notice of all defects shall be given to the Contractor. All defective Work, whether or not in place, may be rejected. 24.2 If required by the Engineer, prior to approval of final payment, the Contractor will promptly, without cost to the Owner and as required by the Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Engineer, remove it from the Work site and replace it with non -defective Work. If the Contractor does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as required by written notice from the Engineer, the Owner may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services shall be paid by the 22 Contractor, and an appropriate Change Order shall be issued deducting all such costs from the Contract Price. The Contractor will also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work. 24.3 If, after the approval of final payment and prior to the expiration of one (1) year after the date of Substantial Completion 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, any Work is found to be defective, the Contractor will, promptly, without cost to the Owner and in accordance with the Owner's written instructions, either correct such defective Work, or, if it has been rejected by the Owner, remove it from the Work site and replace it with nondefective Work. If the Contractor does not promptly comply with the terms of such instructions, the 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, will be paid by the Contractor. 24.4 If, instead of requiring correction or removal and replacement of defective Work, the Owner (prior to approval of final payment) and also the Engineer prefer to accept it, he may do so. In such case, if acceptance occurs prior to approval 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 approval of final payment, an appropriate amount shall be paid by the Contractor. •- ••• • •• ;hUM1141111•• 25.1 After the 20th day of the current calendar month, the Contractor shall submit to the Engineer a detailed estimate of the amount earned for the separate portions of the Work, and request payment. As used in this Article, the words "amount earned" means the value, on the date of the estimate for partial payment, of the Work completed in accordance with the Contract Documents, and the value of approved- materials delivered to the Project site suitably stored and protected prior to incorporation into the Work. If the Contractor's estimate of amount earned conforms with the Engineer's evaluation, the Engineer will calculate the amount due the Contractor and make recommendation to the Owner for payment. 23 25.2 After deducting the retainages and the amount of all previous partial payments made to the Contractor, the amount earned as of the current month will be made payable to the Contractor thirty (30) Calendar Days after the 20th day of the said calendar month. 25.3 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for payment, will have passed to the Owner prior to the making of the application for payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "liens"); and that no Work, materials or equipment covered by an application for payment will have been acquired by the Contractor or by any other person performing the Work at the Work site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 25.4 The Engineer will, within fifteen (15) Calendar Days after receipt of application for payment, either indicate in writing his approval of payment and present the application to the Owner, or return the application to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. The Owner will pay the Contractor the amount approved by the Engineer and Owner. 26.1 The Engineer's approval of any payment requested in an application for payment shall constitute a representation by him to the Owner, based on the Engineer's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the application for payment and the supporting data, that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the Contractor is entitled to payment of the amount approved. 26.2 The Engineer's approval of final payment shall constitute an additional representation by him to the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in the Agreement have been fulfilled. 24 26.3 The Engineer may refuse to approve the whole or any part of any payment if, in his opinion, he is unable to make such representations to the Owner. He may also refuse to approve any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect the Owner from loss because: 26.3.1 The Work is defective; 26.3.2 Claims have been filed or there is reasonable evidence to suggest such filing thereof; 26.3.3 The Contract Price has been reduced because of modifications or changes; 26.3.4 The Owner has been required to correct defective Work or complete the Work; 26.3.5 Unsatisfactory performance of the Work, including failure to clean up. 27.1 Prior to final payment, the Contractor may, in writing to the Owner and the Engineer, certify that the entire Project is complete and request that the Engineer issue a certificate of completion. Within a reasonable time thereafter, the Owner, Contractor and Engineer will make an inspection of the Project to determine the status of completion. If the Engineer and Owner do not consider the Project complete, they will notify the Contractor in writing giving reasons thereof. If the Engineer and Owner consider the Project complete, they will prepare and deliver to the Owner an application for final payment. 27.2 The Owner shall have the right to exclude the Contractor from the Project after the date of completion, but the Owner will allow the Contractor reasonable access to complete or correct items of repair and maintenance. F-11:11 ; , . - • ih 28.1 After the Contractor has completed any corrections to the satisfaction of the Engineer and delivered all maintenance and operating instruction, schedules, guarantees, bonds, certificates of inspection and other documents, all as required by the Contract Documents, he may make application for final payment. The final application for payment shall be accomplished by such supporting data as the Engineer may require, together with complete and legally effective releases or waivers (satisfactory to the Owner) of all liens arising out 25 of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by the Owner, the Contractor may furnish receipts of releases in full; an affidavit of the Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, State and Federal withholding taxes, material and equipment bills, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor or supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the Owner to indemnify him against any lien. 28.2 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final application for payment -- all as required by the Contract Documents, the Engineer is satisfied that the Work has been completed and the Contractor has fulfilled all of his obligations under the Contract Documents, he will, within fifteen (15) Calendar Days after receipt of the final application for payment, indicate in writing his approval of payment and present the application to the Owner for payment. Otherwise, he will return the application to the Contractor, indicating in writing his reasons for refusing to approve final payment, in which case the Contractor will make the necessary corrections and resubmit the application. The Owner, will, within twenty (20) _ Calendar Days of presentation to him of an approved application for payment, and receipt of final payment documents pay the Contractor the amount approved by the Engineer. ARTICLE 29 RETENTION OF A PORTION OF THE CONTRACT SUM The Owner may retain up to a maximum of ten percent (10%) of value of Work completed and requested for payment. After fifty percent (50%) of the Work has been completed, the Contractor may request consideration for reducement in the retained amount. Where the Owner is subject to the provisions of Minnesota State Statutes 429.041 Section 6 the maximum retained amount shall be five percent (5%) released with approval of the governing body. Those amounts released shall be considered not required to be retained to protect the Owner's interest in satisfactory completion of the Agreement. 26 The parties hereto recognize that failure on the part of the Contractor to complete the Work within the time period set forth hereinabove, shall cause damage to the Owner; and should the Contractor not complete the Work within that period of time, or otherwise be guilty of substantial violation of this Agreement, the Owner may deduct amounts per the following schedule per calendar day after the completion date and all legal and Engineering costs related thereto, for each day exceeding said completion date, from the total Contract Price to be paid to the Contractor, and among its other remedies, terminate this Agreement and complete the Work by whatever method the Owner may deem expedient, at the expense of the Contractor; and such action by Owner shall not relieve Contractor of its liability to Owner for any damages caused by the Contractor's default, including, but not limited to, the excess expense of finishing the Work over the unpaid balance of the Contract Price. In the event a dispute arises between the Contractor and Owner regarding an alleged default by the Contractor or the assessment of liquidated damages, and if said dispute is submitted for litigation, and in the further event that the Owner prevails thereon, liquidated damages shall include court costs and reasonable attorney's fees as allowed by law. In the event the Owner elects to complete the Work following Contractor's default as above set forth, the Contractor agrees to extend its full cooperation of the Work contemplated under this Agreement. The amount deducted under this paragraph shall not be construed as a penalty, but rather as liquidated damages resulting from the non -completion of the Work within the specified time. SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount From More Than To and Including Charge Per Calendar Day $ 0.00 $500,000.00 $ 200.00 500,000.00 1,000,000.00 $300.00 1,000,000.00 --- $500.00 31.1 The Contractor's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval of any payment by the Engineer, nor the issuance of a certificate of completion, nor any payment by the Owner to the Contractor under the Contract Documents, nor any use or occupancy of the Project or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor 27 any correction of faulty or defective Work by the Owner shall constitute an acceptance of Work not in accordance with the Contract Documents. 31.2 The making and acceptance of payments shall constitute: 31.2.1 A waiver of all claims by the Owner against the Contractor other than those arising from unsettled liens, from faulty or defective Work appearing after final payment or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein; and 31.2.2 A waiver of all claims by the Contractor against the Owner other than those previously made in writing and still unsettled. 32.1 To the fullest extent permitted by law, the Contractor shall indemnify and save harmless, the Owner and Engineer of and from loss or damage caused to any person or property by reasons of any carelessness or neglect in the doing or making of this improvement or furnishing of material and by reason or failure to pay all laborers, materials, mechanics, and subcontractors, and all persons who shall supply said Contractor with materials, provisions and supplies for the performance and completion of said Agreement to promptly pay all just debts, dues and demands incurred in the performance of said Agreement, and of and from all expenses of inspection and/or of whatever kind of nature, which shall be caused by delay or failure in the performance and completion of this Agreement, and further to indemnify and save harmless of and from all suits and action of the Owner and Engineer on account of any injuries or damages sustained by any person or persons by reason of any act, omission, or negligence or by the use of improper or defective materials on the part of said Contractor in the performance of any part of this Agreement, and further to indemnify and protect and save the Owner and Engineer harmless against any or all demands, fees, or royalties for any patented invention, materials, methods, arrangements, or process of manufacturer of any infringement thereon, that may be used or be in any manner connected with the construction, erection, or maintenance of the Work, material, or any part thereon encompassed by this Project. 32.2 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 attorney's fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) 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 (b) 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. 32.3 In any and all claims against the Owner or the Engineer of 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 be liable, the indemnification obligation under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or from the Contractor or any Subcontractor under Worker's Compensation acts, disability benefit acts or other employee benefit acts. 32.4 The obligations of the Contractor under this Article shall not extend to the liability of the Engineer, his agents or employees arising out of (a) the preparation or approval or maps, drawings, opinions, reports, surveys, Change Orders, designs or Plans and Specifications or (b) the giving of or the failure to give directions or instructions by the Engineer, his agents or employees, provided such giving or failure to give is the primary cause of injury or damage. ARTICLE 33. CONTRACT BONDS The Contractor will furnish performance, payment and maintenance bonds as security for the faithful performance, payment and maintenance of all his obligations under the Contract Documents. These bonds shall be in amounts of at least 100% of the Contract Price and in such form and with such Sureties as approved by the Securities Exchange and by the Insurance Commissioner of the State in which the Project is located. Prior to execution of the Contract Documents, the Owner may require the Contractor to furnish such other bonds, in such form and with such Sureties as he may require. MRSIRMCLIVIIIIIIIIINMI]MIUM 34.1 The Contractor shall provide (from insurance companies acceptable to the Owner) the insurance coverage designated hereinafter and pay all costs. 29 34.2 Before commencing Work under this Agreement, the Contractor shall furnish the Owner with certificates of insurance specified herein showing the type, amount, class of operations covered, effective dates, and date of expiration of policies, and containing substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after 10 days written notice has been received by the Owner." 34.3 In case of the breach of any provision of this Article, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Agreement. The Contractor shall not commence Work on this Agreement until he has obtained all the insurance has been reviewed by the Owner, nor shall the Contractor allow any Subcontractor to commence Work on his subcontract until all similar insurance required for that portion of the Work has been so obtained and reviewed. Review of the insurance by the Owner shall not relieve or decrease the liability of the Contractor hereunder. ARTICLE 36 COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE The Contractor shall maintain during the life of this Agreement the statutory Worker's Compensation, in addition to, Employer's Liability Insurance in an amount not less than $100,000 for each occurrence and a combined single limit of liability of $1,000,000 for each occurrence for all of his employees to be engaged in Work on the Project under this Agreement and, in case any such Work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such Work. Where Work under this Agreement includes any water or navigational exposure, coverage shall be included to cover the Federal Longshoremen's and Harborworker's Act and the Federal Jones Act. 30 37.1 The Contractor shall maintain during the life of this Agreement such public liability and property damage insurance and automobile public liability and property damage insurance and shall protect him, the Owner, the Engineer, and any Subcontractor performing Work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from negligent operations under this Agreement, whether such operations are by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be not less than: 1. Public liability insurance in an amount not less than $500,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $1,000,000 for each occurrence. 2. "Broad Form" property damage liability insurance in an amount not less than $500,000 for each occurrence. 37.2 The Contractor's public liability insurance and property damage insurance shall provide the primary coverage on all claims arising out of the performance of the Agreement, and shall name the Owner, its officers, agents and employees, and the Engineer as additional insured's therein. Unless otherwise modified in the Special Provisions, the Contractor shall secure and maintain during the life of this Agreement, Builders Risk All Risk Insurance coverage for 100 percent of the Contract Price. Such insurance shall not exclude coverage for earthquake, landslide, flood, collapse, or loss due to the results of faulty workmanship, and shall provide for losses to be paid to the Contractor and the Owner as their interest may appear. When the construction is to be accomplished within a public or private right-of-way requiring insurance coverage, the Contractor shall conform to the particular requirements and provide the required insurance. The Contractor shall include in his 31 liability policy all endorsements that the said authority may require for the protection of the authority, its officers, agents and employees. Insurance coverage for special conditions, when required, shall be provided as set forth in the Special Provisions. The Contractor will keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work he will remove all waste materials, rubbish and debris from and about the premises and will remove all items of personal property such as all tools, construction equipment and machinery, and surplus materials, and further will leave the site broom -clean and ready for occupancy by the Owner. The Contractor will restore to the original condition those portions of the Work site not designated for alteration by the Contract Documents. 41.1 If the Work is defective, or the Contractor fails to supply sufficiently skilled workmen or suitable materials or equipment, or if the Contractor fails to make prompt payments to Subcontractors, or for labor, materials or equipment, the Owner may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 41.2 The Owner may, at any time and without cause, suspend the Work or any portion thereof, for a period of not more than one hundred eight (1 80) days by notice in writing to the Contractor and the Engineer which shall fix the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. ARTICLE 42. OWNER'S RIGHT TO TERMINATE 42.1 If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for the Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficiently skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors, or for labor, materials or equipment, or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of the Engineer, or if he 32 otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety seven (7) Calendar Days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method he may deem expedient. In such case, the 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 Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated into a Change Order. 42.2 Where the Contractor's services have been so terminated by the Owner, said termination shall not affect any rights of the Owner against the Contractor or his Surety then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor or his Surety from liability. 42.3 Upon seven (7) Calendar Days written notice to the Contractor and the Engineer, the Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the Contractor and Engineer shall be paid for all Work executed and any expense sustained plus a reasonable profit. M*Kd-q GM • - - ECHIMONOMMEW If, through no act or fault of the Contractor, the Work is suspended for a period of more than one hundred eight (180) Calendar Days by the Owner or under an order of court or other public authority, or the Engineer fails to act on any application for payment within thirty (30) Calendar Days after it is submitted, or the Owner fails to pay the Contractor any sum approved by the Engineer within sixty (60) Calendar Days of its approval and presentation, then the Contractor may, upon 'seven (7) Calendar Days written notice to the Owner and the Engineer, terminate the Agreement and recover from the Owner payment for all Work executed. 33 44.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. 44.2 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and in particular but without limitation, the warranties, guarantees, and obligations imposed upon the Contractor and the rights and remedies available to the Owner and Engineer thereon, shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the Contract Documents. 44.3 The Contract Documents shall be governed by the law of the place where the Project is located. 44.4 Except as otherwise provided, or approved in writing, Contractor shall not assign this Agreement or sublet it as a whole without the written consent of the Owner; nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Owner. Owner may, however, assign this Agreement to any other party or entity, provided Owner continues to be responsible for the performance by such assignee of all undertakings of the Owner hereunder. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the parties hereto and their respective successors and assigns. 44.5 Contractor shall treat all information relating to the Project and all information supplied to the Contractor by the Owner and/or Engineer as confidential and propriety information of the Owner and/or Engineer and shall not permit its release to any other parties or make any public announcement or any publicity releases without the Owner's written authorization. Contractor shall also require Subcontractors and vendors to comply with this Agreement. 44.6 In performing its obligations hereunder, Contractor shall be deemed an— independent Contractor and not an agent or employee of Owner and/or Engineer. Contractor shall have the exclusive authority to manage, direct and control the Work subject to the terms and conditions of this Agreement and approval of Owner and/or Engineer as provided herein. Owner is interested in only the results obtained and not in the methods used in achieving the results. 34 DIVISION 1 • W K •\\ i. ' • DIVISION 1 - SPECIAL PROVISIONS INDEX 1.00 General 2.00 Project Description 3.00 Project Schedule 4.00 Work Area and Easements 5.00 Legal and Procedural 6.00 Permits 7.00 Private Property Protection 8.00 Maintenance During Construction 9.00 Sanitary Facilities 10.00 Utility Protection 11.00 Prosecution and Progress 12.00 Control of Materials, Sampling and Testing 13.00 Construction Support Services 14.00 Working Hours 15.00 Barricades, Guards & Safety Provisions 16.00 Surface Water, Erosion and Sedimentation Control 17.00 Maintenance and Cleanup of Work Area 18.00 Quality Assurance 19.00 Compliance with State Law 20.00 Measurement and Payment These Special Provisions contain items of specific instruction and subject matter concerning construction detail and/or are modifications to the General Requirements and Standard Specifications. i The work specified within these Contract Documents shall consist of all work necessary to furnish and install complete in place a community public water supply as shown and described in the Contract Documents. The City of Otsego, Minnesota is the owner of the improvement. The division of work is provided for by the schedules contained in the Bid Proposal Form. The division is not necessarily reflective of the Contractors work operations, methods and procedures. The Contractor is responsible for all work as specified and may conduct that work as desired. 3.00 PROJECT SCHEDULE 3.01 Commencement - 1 3.02 Completion Period - calendar days 3.03 Final Completion - 3.04 Failure by the Contractor to meet each of the above schedules shall subject the Contractor to liquidated damages as provided in the General Conditions of the Contract Documents. The property on which the Well #2 is to be constructed is owned by the City of Otsego. A map is attached showing the location and boundaries. (Exhibit A). The Contractor is responsible for compliance with any construction related easement conditions known at time of bidding. Should the Contractor desire or require work areas greater than shown or provided, said area use shall be acquired at the Contractor's expense. Contractor operations shall be confined to the work area and/or easements provided and shown unless the Contractor provides written documentation showing acquisition of rights to use additional land. All disturbed areas shall be restored as specified. SP- 1 5.01 The insurance provisions and minimum limits of coverage as specified in the General Conditions are applicable. 5.02 Partial and Final Payments. Requests for partial payment may be made for work through the end of any calendar month. The owner is The City of Otsego who shall act on such requests at regularly scheduled meetings. A minimum of ten working days shall be provided for the engineer's and owner's administrative staff review prior to scheduling action on partial payments by the Owner. 6.00 PERMITS The Owner is submitting plans and specifications for review to the Minnesota Department of Health and all other agencies having jurisdiction within the project area. The Contractor shall provide the notification required by the Minnesota Department of Health. The Contractor shall also be responsible for any municipal, j state or federal fees or licenses required for work operations. It shall be the 1 Contractor's responsibility for final securement of all permits, payment of any fees and/or bonds required and for compliance with all permit conditions. 7.00 PRIVATE PROPERTY PROTECTION Trees, fences, poles, flower beds, rock and shrub gardens, retaining walls, and all other private property shall be protected from damage unless their removal is shown on the plans and authorized by the engineer. Any property damaged shall be satisfactorily restored by the Contractor, or adequate compensation therefore shall be the responsibility of the Contractor. The Contractor shall be responsible for the removal and replacement of mail boxes and traffic signs in the Project area. 8.00 MAINTENANCE DURING CONSTRUCTION 1 Once the Contractor commences work on the Project, the construction area shall be maintained for the remainder of the Project by the Contractor at his own expense. Necessary signs and barricades shall be furnished by the Contractor. All existing surfaces not scheduled for removal shall be protected. All equipment which operates on bituminous or concrete surfaces shall be equipped with rubber tires. The Contractor shall provide reasonable access to all properties, residences, businesses and offices and shops adjacent to the work. The cost of providing and maintaining continuous access shall be incidental to the other work items. SP - 2 Comply with governing regulations, including safety and health codes, for type, i number, location, operation, and maintenance of sanitary fixtures and facilities; provide not less than specified requirements. Supply and maintain toilet tissue, paper towels, paper cups and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. Install self-contained toilet units or water and sewer connected. temporary toilet 1 facilities consistent with governing regulations. Use of pit -type facilities shall not be permitted. Provide drinking water fountains where piped potable water is accessible. Otherwise, provide containerized tap -dispenser bottled -water type drinking water units, including paper cup supply. 10.00 UTILITY PROTECTION Data on existing utilities as may be on the plans were derived from information believed to be correct. The appearance or non appearance of such information on the plans does not guarantee the location, existence, or nonexistence of these utilities. It is solely the Contractor's responsibility to obtain all locations from the utility companies. It shall be understood that no additional compensation shall be due to the Contractor for damages sustained by him due to any interference from those utilities and appurtenances or the operations of moving or protecting them. The Contractor shall comply with the provision of Minnesota Statutes Chapter 216 related to underground construction and utility protection (Gopher State One Call). •• •:• 1101WA0119 I �►� 1 The notice of award directs the successful bidder to submit required insurance, bonds and executed contracts. Upon receipt of such notice, the bidder shall contact the engineer and discuss in general the means, methods and procedures proposed to construct the work as specified and as scheduled. A notice to proceed will be provided to the Contractor upon approval and execution of all Contract Documents. Concurrent with such notice a pre -construction conference will be scheduled and held with the Contractor, engineer, representatives of the owner and representatives of any subcontractors, suppliers, agencies, utility companies or others with interest in the Project. The Contractor shall submit documentation for review at the preconstruction conference to identify SP -3 construction personnel responsible for the work and to identify subcontractors or suppliers. The Contractor shall prepare and submit a written schedule of the work, identifying work components and showing work start and completion dates required to comply with the Contract Documents and schedule. The Contractor shall prepare and submit a list of material submittals that are required to comply with specified standards and will submit certificates of compliance or a schedule for compliance submittal. No work is authorized on the Project until the conditions of award or notice to proceed, if any, are met and all required submittals or schedules are approved. Once work has commenced, the Contractor shall continuously pursue completion in accordance with the approved schedule. The Contractor shall provide periodic written updates on construction methods, procedures and schedules as necessary and at least monthly. No partial payments shall be made unless such updates are provided. 12.00 CONTROL OF MATERIALS SAMPLING AND TESTING f The Contractor is responsible at his own cost for all sampling, testing and certification to demonstrate that materials proposed for use in the work conform to specifications and standards. No material shall be brought to the work site until i approved certification is provided. The Contractor is responsible for performing tests and furnishing test results on completed systems as required herein including low pressure air/ infiltration test on sewers, and pressure/conductivity tests on watermain. The owner shall engage and separately pay for the services of an independent testing laboratory to perform such sampling and testing deemed necessary at the work site. Such owner testing may involve on-site testing of materials or mixtures to verify previous Contractor compliance and will involve tests of compaction, density, strength and thickness to verify Contractor construction and placement compliance. The procedures for and frequency of sampling and testing of materials shall be in accordance with Mn/DOT 1603. Tests shall be made in accordance with the American Society for Testing and Materials (ASTM) Standard and Tentative Specifications that apply, except as otherwise specified. Signed copies of all reports on tests shall be sent at once to the Owner and the Engineer. Any materials tested and rejected shall immediately be removed from the site and shall not be used in the work. Any work not conforming to specifications shall be removed, repaired or corrected as required. The Contractor shall pay all costs of retesting. Inspection and testing shall in no way relieve the Contractor or supplier from responsibility in furnishing materials and workmanship in accordance with the plans and specifications. All phases of the work shall be open to the engineer and the owner. The Contractor shall allow the use of the constructed facilities to properly inspect the work as necessary. The Engineer, Hakanson Anderson Associates, Inc., is under contract to the owner to provide construction staking, construction inspection or observation and contract administration. The Engineer shall provide field survey and staking necessary for Project layout to include horizontal and vertical control stake and offset stakes for Project components. It shall be the Contractor's responsibility to protect all survey monumentation and stakes and to properly transfer provided line and grade to working points as needed for construction. The Contractor shall not disturb any monuments or stakes found within the Project area until ordered by the engineer. The engineer will furnish and set any new or replacement monuments or stakes required along the line of this improvement. The Contractor will be responsible for their protection. In case any monument or stake is disturbed by the Contractor without orders from the engineer, the Contractor will be charged for the cost of the survey and any other work required to relocate the same. ' The Contractor shall give the Project Engineer forty-eight (48) hours written notice when he requires the services of a construction staking crew for laying out any portion of the work. Re -staking of the Project due to negligence and/or failure to protect stakes will be at the Contractor's expense. The work shall be carried out during normal daylight working hours in accordance with local ordinance and so as not to cause any unreasonable nuisance to affected residents. Under emergency conditions, this limitation may be waived in writing by the Engineer in conjunction with qualified local authority. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights, and guards as required shall be placed and maintained by the Contractor during the progress of the construction work. All material piles, excavation equipment and pipe which may serve as obstructions to traffic or hazards shall be enclosed by fences or barricades and shall be protected SP - 5 by adequate lighting when visibility is poor. The rules and regulations of local authorities respecting safety provisions shall be observed. The Contractor shall, before beginning work on the Project, submit a Surface Water, Erosion and Siltation Control Plan to the Engineer. The purpose of this plan is to minimize the soil erosion and disposition of sedimentation. Use of hay or straw bales, geotextile fabric, snow fences, temporary embankments and/or turf are some materials and methods suggested and proposed to be used in implementing the erosion and sedimentation control plan. 1 Excavations and embankments subjected to wind erosion shall be protected by fencing, temporary turfing and/or watering. The Contractor shall submit to the engineer the names and telephone numbers of individual(s) available 24 hours a day, seven days a week to insure the implementation of the surface water and erosion control plan. Water used for dust control shall be incidental to the cost of the Project. Each ditch or swale will have a sediment control structure. All storm runoff from open excavations or stockpiles will be directed to a device that will reduce the sediment load. Upon completion of the Project, the engineer may require that some of the erosion and sedimentation control devices remain in place. However, those designated to be removed are to be removed completely and the areas restored to equal or better condition. Erosion control shall be considered incidental to the Project costs except where indicated elsewhere. 17.00 MAINTENANCE AND CLEANUP OF WORK AREA 1 Once the Contractor commences work on the Project, the construction area shall be maintained for the remainder of the Project by the Contractor at his own } expense. The Contractor shall be responsible for providing all water required for dust control. SP -6 The work area shall be kept free and clear of construction debris. All waterways and drainage paths shall be constructed, maintained or improved to provide continued drainage for abutting properties and to protect the work. When the work has been completed, the Contractor shall remove from the site all extra materials, equipment, debris and other supplies. All surfaces disturbed during the construction period, whether caused by actual excavation, deposition of excavated material, or by the construction equipment shall be returned to their original condition or better. Maintenance, cleanup and restoration of work areas shall be incidental to other work except as provided by bid item. •• s 1 Regulatory Requirements: Comply with applicable requirements of federal, state, and local law, regulations and codes having jurisdiction at the project site. Comply with cement water well construction Code Chapter 4725 Department of Health water well construction code. Applicable requirements of the following standards and codes apply: American Society of Testing and Materials (ASTM), latest edition. American Water works Association (AWWA) latest edition. Water pumped during testing and drawdown should be discharged to the school's drainage pond located along the East side of the property. Protecting Water Quality: Take precautions to prevent contaminated water or ? water having undesirable physical or chemical characteristics from entering stratum from which well is to draw its supply. Prevent contaminants from entering well either through opening or by seepage through ground surface. If well becomes contaminated or water having undesirable physical or chemical characteristics enters well due to neglect, provide casings, seals, sterilizing agents lor other materials to eliminate contamination or shut off undesirable water. Provide remedial work at no cost to the Owner. Exercise care in performance of work to prevent breakdown or caving -in of strata overlaying the form which water is to be drawn. Develop, pump or bail well until water pumped from well is substantially free from sand. Protect work to prevent either tampering with well, or entrance of foreign matter. Upon completion, provide temporary well cap. SP - 7 Driller's Requirements: Experienced foreman or driller to be constantly in control of well site and who has authority to take orders from the Engineer and, upon request, furnish well drilling information desired by the Engineer. Abandonment of Drilling: If it becomes necessary to abandon drilling operation before completion of water producing well, follow regulations for abandonment of well as required by local authorities having jurisdiction. Should abandonment of drilling be necessary due to poor workmanship or negligence'on part of Contractor, there will be no compensation from the Owner. 19.00 COMPLIANCE WITH STATE LAW_ The Contractor shall comply with the provisions of the Minnesota Statutes, Chapter 103-1, wherein the Contractor shall make application and obtain the notification to drill the well to include all necessary documentation and fees. The Owner shall make application for permit to appropriate ground water on Form W53-50 from the Mn/DNR, Division of Waters, Centennial Building, St. Paul 55101. 20.00 MEASUREMENT AND PAYMENT i Item 1 : Mobilization/Demobilization: This item shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site. This item shall also consist of removing these items from the site upon Project completion. This item will be paid in accordance with Mn/DOT/2021. I gm 2: Drill/Drive 24" Casing: This item shall include all casing, drive shoe, equipment, labor and incidentals related to drilling/driving a 24" casing. Required water for drilling and disposal of drilled material shall be included in this item. This item will be measured in "in-place" lineal feet from the ground surface to the lower limits of the drive shoe. This item will be paid on a lineal foot basis. Ag m 3_ Drill 23" Open Hole: This item shall include all labor, materials, equipment, and incidentals required to drill an open hole from the bottom of the 24" drive shoe to an approximate depth of 175 feet below ground surface. Required water for drilling and disposal of drilled materials shall be included in this item. This item will be measured in lineal feet from the ground surface to the bottom of the drilled hole. This item shall be paid on a lineal foot basis. Item 4: Fill/Bail Open Hole: This item shall include all materials, equipment, labor and incidentals required to fill with and subsequently bail gravel from the open hole. The open hole will be filled with gravel prior to grouting the 18" casing, and bailed after the grout has set. The Contractor shall construct, and the N Owner shall measure, an open pit ten feet wide by ten feet wide by three feet deep for disposal of bailed gravel. Material bailed from the open hole shall be placed in the open hole. The Owner shall re -survey the open hole to determine the quantity of loose angular fill. This item shall be measured according to the Owner's calculations based on measured data. This item shall be paid on a cubic yard basis for gravel placed/removed from the open hole. Itgm : Set 18" Casing: This item shall include all materials, equipment, labor and incidentals required to install an 18" casing with bell shoe inside the 24" outer liner. The casing length shall be from 4' above the ground surface to the lower limits of the bell shoe/uncolodiated layer. The bell shoe shall be 22" O.D. The length of 18" casing will be measured from the bottom of the bell shoe to 4' above ground surface on an "in-place" basis. This item shall be paid on a lineal foot basis. item : Install Grout: This item shall include all materials, equipment, labor and incidentals required to install neat cement grout between the 18" and 24" well casings. Measurement shall be based on annular space determination and length of 18" and 24" casing installed. This item will be paid on a cubic yard basis. I em 7: Blast & Bale: Furnish and install explosive to blast a cavity in the Ironton - Galesville formations as allowed by Minnesota statutes and rules of the State of Minnesota. Bale the sandstone after the blast to the surface. Measurement for Blast and Bale will be per pounds of explosives exploded. Payment shall be by pounds of explosive used. Item 8: Furnish, Install and Remove Development Equipment: This item shall include all materials, equipment, labor, and incidentals required to furnish, install and remove all equipment required for developing the well. This item shall be paid on a lump sum basis. I I m Develop Well/Sandstone Removal: This item shall include all labor an incidentals required to develop the well. Time shall be measured by the Owner with times confirmed daily by the Contractor. This item will be paid on an hourly basis. item 10: Furnish/Install/Remove (FIR) Test Pump Equipment: This item shall include all materials, labor, equipment and incidentals required to furnish, install and remove all equipment required for test pumping the well. This item shall be paid on a lump sum basis. Test Pump Well: This item shall include all materials, labor, equipment and incidentals required to test pump the well. Time shall be measured by the SP - 9 Owner with times confirmed daily by the Contractor. This item will be paid on an hourly basis. Item 12: Disinfect Well: This item shall include all materials, equipment, labor and incidentals required to disinfect the finished well in accordance with Minnesota Rules, part 4725.5550. This item shall be paid on a lump sum basis. Ltgm 13.- Gamma Log Well: This item shall include all materials, equipment, labor and incidentals required to perform a gamma log analysis of the open hole. The Owner reserves the right to delete this item after receipt of soil samples. This item will be paid on a lump sum basis. Item 14: Video Record Well: This item shall include all materials, equipment, labor and incidentals required to video record the well. The Owner reserves the right to delete this item. This item shall be paid on a lump sum basis. itg m 1 : Water Analysis Report/Permit/Submittals: This item shall include all material, labor, equipment and incidentals required to gather data, collect samples j including water analysis per 3.09 of Division 2, and prepare printed reports associated with submitting all required reports, well logs, notifications, test results, permits and submittals. This item shall be paid on a prorated basis upon receipt of each required Contractor submittal. This item shall be paid on a lump sum basis. Item 1 : Site Restoration: This item shall include all materials, equipment, labor and incidentals required to restore the site to preconstruction conditions upon project completion. This item shall be paid on a lump sum basis. SP - 10 DIVISION 2 DIVISION 2 02670 Water Well PART 1 GENERAL 1.01 Scope of Work 1.02 Location 1.03 Geological Information 1.04 Submittals 1.05 Related Work PART 2 MATERIALS 2.01 Well Casing 2.02 Grout PART 3 EXECUTION 3.01 General 3.02 Well Construction 3.03 Drilling Samples 3.04 Gamma Log 3.05 Alignment and Plumbness 3.06 Well Development 3.07 Test Pumping 3.08 Disinfection 3.09 Water Analysis SECTION 02670 - WELL CONSTRUCTION PART 1 -GENERAL The work to be performed under this contract shall include furnishing all labor, tools, materials, supplies and all necessary and required appurtenances to completely drill, encase, develop and test a community public well #2 located in Otsego, Minnesota. The work shall be performed in accordance with these specifications and attachments as prepared by Hakanson Anderson Associates, Inc. 1 It is the intent of these specifications to secure a well producing consistently at the rate of 500-750 gallons per minute (gpm), with a reasonable drawdown, of potable, sand -free water. The Contractor shall cooperate fully 1 to secure this result for the purposes of these specifications, water having a sand content of less than five milligrams per liter shall be considered sand - free. The intent of these specifications is to secure a complete well. The 1 Contractor shall perform all work required to complete the project whether specifically cited herein or not. These specifications are intended to supplement or modify the American Water Works Association (AWWA) A100 1 Standard and Chapter 4725 of the Minnesota Department of Health Rules to fit the needs of expected conditions of this particular job. If conflicts occur I between this specification, Chapter 4725 or AWWA A100, the more stringent requirements shall prevail. 1.02 Location The proposed well location is within the SW Quarter of the NW Quarter of the SE Quarter of Section 22, Township 121 North, Range 23 West, Wright County, Minnesota. The well location meets the isolation distances from contamination sources as specified in Minnesota Rules Relating to Wells and JBorings, Minnesota Rules, part 4725.4450. The well location is depicted on Exhibit A, Location Map and Exhibit B, Site Plan, attached to this lspecification. The owner shall mark the location of the well with lath prior to I construction. The Contractor shall enter the site in the least disruptive manner to minimize damage to the existing turf and facilities. The Contractor I is advised to view the site to familiarize himself with access to the site. 02670- 1 The estimate subsurface geology is shown on Exhibit C attached to the back of this specification. The exhibit was prepared utilizing test hole data obtained from a 3/19/98 test hole boring located adjacent to the site. The ground surface at the test hole location was 881 feet msl. The test hole indicates that the Franconia aquifer is soft and will require casing for the anticipated flow conditions. The geologic information associated with the test hole boring is as follows: DEPTH (feet) (0 = 881 ft. msl) FORMATION MATERIAL COLOR 0-45 Glacial Drift Sand & Gravel --- 45 - 60 Glacial Drift Clay Brown 60-64 Glacial Drift Gravelly Clay Brown 64-70 Glacial Drift Clay Brown 70-77 Franconia Shale Gray/Green 77- 116 Franconia Shale & Sandstone Brown/Gray 116- 172 Ironton -Galesville Sandstone Gray/White 172-240 End of Log Eau Claire Shale & Sandstone Green 1.04 Submittals 1 A. Submittals product data per General Conditions. 1. Well casing - The Contractor shall furnish the Owner with certified mill test reports with corresponding heat numbers. These will be utilized for on-site verification of materials delivered. B. Submittal of the following items shall be required throughout the course of the work: 1 . Samples of sub -strata formations taken at five foot intervals and changes in formation. Samples shall be taken continually throughout the entire depth of the well. 02670-2 1 2. A detailed record of casings utilized during construction. Casing ( diameter, thickness, weight per lineal foot, and total length installed shall be included in the casing record. 3. A formation gamma log detailing the well. The submittal shall include a continuous strip chart record and also a digital representation of the gamma results. 4. A test pumping record. The record shall contain the following data associated with the test pumping procedure: a. Time and date 1 b. Pumping rate C. Well water Level d. Draw -down e. Yield l 1 f. Sand concentration g. Maximum safe yield h. Static water level at maximum safe yield i. Drawdown at maximum safe yield 5. Certification of alignment stating that the well is aligned and plumb within specified tolerances. a 6. A water quality analysis report as prepared by an approved Minnesota Department of Health certified testing laboratory. The analysis shall be per Section 3.09. 7. Graphic log or as -built diagram of the actual well construction. 8. Daily construction logs upon project completion. 9. A printed driller's log. 10. A colorized video display of the completed well on standard VHS ltape. A printed copy of the video survey shall also be submitted. A particulating lens shall be utilized to record the well. 11. The Contractor shall furnish to the owner, and appropriate agencies, a copy of the Minnesota Department of Health Well affidavit. 12. The Contractor shall apply for, and receive, a Minnesota Department of Health notification prior to mobilizing to the site. This form shall be submitted to the Owner for signature. All fees required to submit this form shall be paid by the Contractor. 02670-3 A. General Conditions B. Special Provisions PART 2 - MATERIALS I2.01 Well Casing The well casing shall be new black steel well casing A 53 Grade B with welded joints conforming to AWWA Standards for deep wells. Casing shall be of the following minimum weights and wall thickness: 18" O.D. pipe 0.375 wall thickness 73.00 lbs/ft. 24" O.D. pipe 0.375 wall thickness 2.02 ro The cement grout shall be Portland cement grout consisting of a mixture of 94 pounds of Portland cement to a maximum of six gallons of clean water in a ratio so as to make a pumpable slurry. The grout shall be placed in one continuous operation from the bottom of the eighteen inch (18") bell shoe to the ground surface. The cement grout shall be forced into the annular space between the 24" casing and the 18" casing pipe. The grout shall be placed with, and by the use of, a continuous mixer and pump or pumps via a tremie pipe starting at the bottom of the bell shoe and forcing the grout to the surface. After the grout has been placed, it shall set for a period of not less than 72 hours before continuing work on the well. PART 3 - EXECUTION 3.01 General The Contractor shall construct, by cable tool and/or auger drill method, a potable water well in the Ironton/Galesville formation. The well shall be capable of producing 500-750 gallons per minute of sand -free water. Drilling additives must meet the requirements of NSF Standard 60. The Contractor shall comply with Minnesota Department of Health rules and regulations prohibiting dual aquifer wells. A test hole or pilot hole may be drilled and logged as necessary by the Contractor to insure proper location of the casing. The cost of the test hole or pilot hole shall be incidental to the 02670-4 drilling. No additional compensation shall be allowed to insure that the well is completed in the approved aquifer. At all times during construction, the Contractor shall protect the well against tampering and against foreign matter from entering the well. A suitable cap or cover shall be provided and utilized by the Contractor for this purpose. The Contractor shall be responsible for any environmental impacts to the ground surface to include, but not limited to spillage of hydraulic fluids, diesel or t petroleum products as a result of drilling operations. All such impacts shall i be corrected at the Contractor's expense. All water required for well construction operations shall be furnished and delivered to the site at the Contractor's expense. All welding of casing joints as specified herein shall be performed by operators who have previously been qualified as prescribed in the American Welding Society "Standard Qualification Procedure" to perform the type of work 1 required. As the drilling progresses, the Contractor shall remove all excavated material to areas directed by the engineer on the well site. Upon completion of the drilling, the Contractor shall remove from the site, at his expense, all material removed from the hole which, in the engineer's opinion, is not needed for fill material on the well site. In the event that the Contractor shall fail to drill the well to the depth specified, or should he abandon the well because of loss of tools or for any other cause, the Contractor shall, if requested, and as directed by the { Engineer, fill the abandoned hole with neat cement grout and remove the 1 casing at the Contractor's expense. Salvaged materials furnished by the l Contractor shall remain the Contractor's property. I 3.02 Well Construction The construction of the well, complete in-place, is anticipated to consist of the following: A. A 24 inch casing with drive shoe shall be installed to a depth of 115 feet below ground surface to prevent collapse of the open hole in the unconsolidated formations. 1 B. A 23 inch open hole shall be drilled to a depth of 180 feet as measured from the ground surface. 02670- 5 C. The 23 inch open hole shall be backfilled with gravel to a depth of 115 feet below ground surface. D. An 18 inch well casing with bell shoe shall be installed in the open hole to a depth of 115 feet 4 feet above the ground surface. E. The 18 inch casing shall be grouted from the bottom of the 24 inch casing and bell shoe to the top of the 24 inch casing. F. The gravel shall be bailed out of the open hole to the original bottom of the open hole. i G. The Contractor, upon approval from the engineer, shall blast and bale to create a cavity sufficient to produce a 500 gpm to 750 gpm well. H. The well shall then be developed, test pumped and disinfected. 1. The 18 inch casings shall be cut-off above ground at elevation 886.0, which is more than 12 inches above the finished floor of the proposed pumphouse. J. The finished well shall have a casing vent which shall terminate at least 18 inches above the finished floor of the pumphouse. The vent shall be screened and turned downward. K. The site shall be backfilled to preconstruction elevations. 3.03 Drilling Samples A. Two sets of drilling samples shall be obtained at each five (5) foot interval or at each change of formation. Samples shall be placed in sample bags as provided by the MGS and marked as to the depth, owner and date. One set of samples shall be sent to the Minnesota Geological Survey together with a copy of the driller's log, and the other shall be delivered to the Owner. B. Failure on the part of the Contractor to obtain, preserve and deliver such samples or records to the Owner shall be considered an actual damage to the Owner. The Owner shall retain from moneys due or to become due the Contractor the sum of ONE HUNDRED DOLLARS ($100.00) as liquidated damages for each sample that the Contractor failed to obtain, preserve and deliver to the Owner. 02670-6 3.04 Gamma Loa The Contractor shall gamma log the well utilizing equipment which provides a continuous strip chart record and also a digital interpretation of the data. The data shall be interpreted to ascertain the formational characteristics of the material encountered in the borehole by the Contractor. The placement of the 18 inch casing shall be determined based upon the gamma log and drilling samples. 3.05 Alignment and Plumbness Upon completion of the well construction, and prior to development, the Contractor shall demonstrate to the Owner that the well is straight and vertical with no doglegs. The test shall be made in accordance with the methods established in AWWA A100-84, Section 8, and Appendix C of the American Water Works Association Standard for Water Wells and witnessed by the Engineer. The following tolerances shall be maintained by the Contractor: Plumbness - The maximum allowable horizontal deviation (drift) of the well from the vertical shall not exceed two thirds of the smallest inside diameter of that part of the well being tested per 100 feet of the depth. Alignment - The alignment must be satisfactory for the successful operation of the permanent pumping equipment. Alignment shall be tested by lowering into the well a "plug" 40 feet long with a diameter not more than 0.5 inches less than the inside diameter of the casing from a suspension point above the center of the casing, and recording the deflection of the cable from the center at the top of the casing. Readings shall be taken at intervals not to exceed 10 feet at all break points in casing alignment. All readings shall be converted to actual deflections at the depth of the plug. Should the plug fail to move freely throughout the length of the casing or should the well fail the plumbness requirements stated above, the Contractor shall correct such faults or drill a new well and abandon the unsuccessful well at the Contractor's own expense. No payment shall be made for well construction, well development and pumping testing for wells_ not meeting the alignment and plumbness requirements. 02670-7 A report presenting the results of the plumbness and alignment test with tables and graphs as illustrated in Appendix C, AWWA A100 shall be submitted to the Engineer. The Owner may waive the requirements for alignment or plumbness if, in their judgement: 1) the Contractor has exercised all possible care in constructing the well and the defect is due to circumstances beyond the Contractor's control; and 2) the utility of the completed well will not be materially affected. The Contractor shall be paid for one plumbness and alignment test made upon completion of the well. The Contractor may make alignment tests at the Contractor's own expense at any time during construction of the well. The Owner reserves the right to require the Contractor to make alignment tests at any time during construction of the well. If the well passes the alignment test the Owner will be responsible for the cost of the test. If the well fails an j alignment test, the Contractor shall bear all costs of all further alignment tests i to verify the adequacy of corrective work or the alignment tests of a new well drilled by the Contractor. 3.06 Well Developmen A. The Contractor shall provide necessary labor and equipment to surge and develop the well. Such work to be performed at the contract unit price provided. Water from such operations shall be piped to a point away from the well so as to not cause any disruption as determined by the Owner. B. Development shall include installation of sufficient eductor piping to develop the open hole by air lift method, as approved by the Engineer. The air lift method shall effectively extract from the water bearing formation the maximum practical quantity of sand, and other fine materials in order to bring the well to maximum yield per foot of draw- down and to sand free conditions. C. The Contractor shall collect water samples in one gallon wide mouth glass containers for inspection during development. D. Development of the well shall be continued until water pumped from the well is at the maximum pumping rate. E. The Contractor shall be equipped to develop the open rock hole by air surging/decompressing. 02670-8 F. The Contractor shall supply an air compressor capable of delivering a minimum of 700 CFM at 350 PSI. 3.07 Test Pum nng 1 A. Upon completion of the basic well construction and the well development, the Contractor shall furnish, install and remove his own deep well turbine pump and prime mover capable of delivering 1500 t gallons per minute at 250 TDH. Failure to create this volume or TDH will 1 cause rejection of the test pump period until a pump of sufficient capacity is installed. B. The Contractor shall furnish all necessary labor and supplies required to operate the test pump unit at such rates of discharge and for such periods of time as directed until clear and clean of all drilling fluids. The cost for this initial time period shall be included in the installation of the ! pump. C. The well shall be tested at flow rates of 200, 400, 600, 800, 1000, 1200 and 1500 for a total time of at least eight (8) hours to determine draw -down and establish the pumping rate at which sand -free water is obtained. Observations shall be taken at fifteen (15) minute intervals for a maximum of 90 minute duration or until stable. D. The sand content shall then be determined and, if it appears in the opinion of the owner that sand -free water has been obtained, the 1 Contractor shall increase the capacity of the next higher pumping rate, until the pumping rate of 1500 gpm is obtained. E. This test will require the Contractor to furnish and install the pump into the well and to pipe the water as directed by the owner. 3.08 Disinfection A. After all test procedures have been made and before final acceptance of the well, the new well shall be disinfected in accordance with the procedure(s) recommended by the Minnesota Department of Health in Minnesota Rules, part 4725.3050. B. A minimum of 100 ppm of HTH shall be induced into the well with at least three well volume of potable water. 02670-9 3.09 Water Analysis At completion of test pumping and prior to removing test pump, the Contractor shall take water samples and have the following laboratory analysis performed. I Total Dissolved Solids Total Suspended Solids I Total Hardness (CACO3) Calcium Hardness (CACO3) Magnesium Hardness (CACO3) Total Alkalinity (CACO3) -Sulfates Chlorides Iron Manganese Ph Copper Nitrate Nitrogen Zinc Coliform Bacteria Foaming Agents Hydrogen Sulfide Corrosivity, Langlier Index Sand, 10 Micron Filter A copy of results of the Coliform Bacteria and Nitrate Analysis shall be sent to the 1 Minnesota Department of Health. In addition, the Contractor shall take and have three samples analyzed for sand 1 content. These samples will be taken during pumping when directed by the Engineer to verify visual estimates of sand content. 02670- 10 ' MUNICIPAL WATER WELL #2 LOCATION MAP CITY OF OTSEGO .-1i�MEW EXHIBIT A LOCATION MAP Hlnsan ■■ I ■■ n l4rsonc. pqT- APR 1998 FLS 07506 Q COUNTRY RIDGE PLAT — x — PRIVATE EASEMENT TO BE USED -7� BY LANDOWNER TO GET TO LAND TO SOUTH. 881 8 885 ° :{o}J m a, o ro —bb 10 BBB c I 888 // /� � � — 888 _ � � _ m—`�-t•ey.— _ B7 15 co / , / / �\\ —,b-584 O 1 PROPOSED MUNICIPAL WELL #2 LOCATION H jig '1 I I II I / \\\ '' J B7B J CITY OF OTSEGO Property NAY of School (adj. to 83rd) Site Plan of Pumphouse #1 k Well #2 Exhibit B SL Site Plan —Z Hakonson Anderson ■■ 50 0 50 100 Assoc.,Inc. Engineers. Surveyors k Londscopt Architects SCALE IN FEET .3601 Thurston A".. Anoka, Minnesota 55303 DATE MAY 1998 OT506 612-427-5860 FAX 612-427-0520 \OT505EX I \0T5c5EAE 0- WELL #2 SUBSURFACE GEOLOGY AND PROPOSED WELL CONSTRUCTIOr CUT OFF ELEVATION -\ TO BE DETERMINED BY ENGINEER IN FIELD DATE APR 1998 ELEV. DEPTH (MSL) (FEET) TEST WELL LOG #1 881 0 SAND & GRAVEL GLACIAL CLAY DRIFT 810 71 SHALE & SANDSTONE FRANCONIA (GREEN) FORMATION 778 103 SANDSTONE IRONTON / (WHITE) GALESVILLE FORMATION 709 172 SHALES EAU CLAIRE (GREY/GREEN) FORMATION 641 240 END OF TEST WELL BORING DATE APR 1998 0 GRAVEL (SHOWN) TO BE REMOVED AS STATED BELOW. 23" DIA OPEN HOLE. FILL WITH GRAVEL PRIOR TO GROUTING 18" CASING IN PLACE. BAIL GRAVEL FROM HOLE WHEN GROU" HAS SET. OT506 EXHIBIT ans H ers. —"An ers� Assoc., cD j > W Q 0 GRAVEL (SHOWN) TO BE REMOVED AS STATED BELOW. 23" DIA OPEN HOLE. FILL WITH GRAVEL PRIOR TO GROUTING 18" CASING IN PLACE. BAIL GRAVEL FROM HOLE WHEN GROU" HAS SET. OT506 EXHIBIT ans H ers. —"An ers� Assoc., APPENDIX CITY OF OTSEGO REQUEST rux CUUINUILL AC LIUA AGENDA SECTION: DEPARTMENT: MEETING DATE 9. Council Items: Elaine Beatty August 24, 1998 - 6:30PM ITEM NZJMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC 9.1. A. Discussion of Salaries of Mayor and Council Members B. Any other Council Business Attached is information on 9.1 A. The Council. Salaries and payroll was brought up at the August 10, 1998 Council Meeting. The Staff was directed to get more information. This information is for Council to consider and make any decisions they feel is necessary. RECO144ENDATION : This is for Council information and any decisions. Thanks Elaine Elected Officials, City Councils, and Advisory Bodies 1991 Supplement nel committee, budget committee, public reporting committee, purchasing committee, licensing com- mittee, and others. Because the statutes do not set up these commit- tees, council action is necessary to establish them in the bylaws, by special resolution, or through mo- tion. Committees may exercise all duties which the council has legally assigned to them They can have authority to conduct investigations and to make recommendations. Committees may not make de- cisions on behalf of the council . Committees are subject to the same rules as the full council under the open meeting law. In many cities, it is routine for the council to au- tomatically approve a committee's recommenda- tions if the committee has done a thorough and competent job. But, the council's final decision, not the committee's recommendation, binds the city. To illustrate, committees may not enter into a con- tract or employ workers even if a specific motion of the council delegates such power to them Salaries of Mayor and Council Members Except in first class cities, the council, by or- dinance, fixes the salaries of the mayor and council members. The ordinance takes effect on the date set in the ordinance but not until after the next suc- ceeding regular city election. There is no referen- dum on the ordinance, by petition or otherwise. 66 Until the council adopts an ordinance fixing salaries, previous salaries remain in effect. Salaries may be on an annual or monthly lump sum or a per diem basis. The per diem may be payable for each regular meeting, for each regular and special meeting, or for each day's service. Un- less the ordinance provides otherwise, a lump sum salary covers special meetings. 67 An employer must allow a city council member to take time off from his/her regular employment to attend council meetings. 67a When the council member takes time off without pay, the employer must make an effort to allow the employee to make up the time with other hours when the employee is available. Iron Range cities have the authority to make per diem payments to council members of $25 per day, not to exceed $250 per year, for absences from the city while on official business. 68 D. Citizen Involvement Public respect for government has been declin- ing. One way to diminish the negative feelings people have toward government is to increase cit- izen involvement . Citywide or neighborhood committees, special project review committees, and even block organi- zations are some of the committees cropping up in many cities. In many cases, the council has formed or encouraged these citizen committees. They have saved time for public officials and have made con- tributions which could only occur through citizen participation. Council members have found that ignoring citi- zen concerns can result in their removal from office at the next election or in the defeat of a program or activity through citizen opposition. Although city officials cannot, in most cases, del- egate decision-making authority to citizen groups, they can use citizens in advisory roles. This tech- nique works, however, only if the council listens to the advice. If the council doesn't follow the advice of the committee, it should give understandable reasons for taking other action. When a council forms a citizens' advisory body, it should lay out the ground rules for its activity and point out that in the absence of clear statutory authority to delegate responsibility, the council must, by law, make the final decisions. State law allows, and in some cases requires, city councils to delegate decision-making power to cer- tain independent boards and commissions. Independent Citizen Boards and Commissions Independent citizen boards and commissions can help alleviate the council's workload. The amount of discretionary power the council can give to such bodies varies. In some instances, such as a utilities commission, the statutes give the commission all discretionary authority necessary to operate the utilities. In other instances, such as the airport board, the council may determine the board's discretionary authority in the enabling or- dinance or resolution. Page 94 Handbook for Minnesota Cities CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 91-04 AN ORDINANCE ESTABLISHING SALARIES FOR THE MAYOR AND CITY COUNCIL The City Council of Otsego ordains the following: Section 1. Compensation. The salary of the Mayor shall be $4,200.00 per year ($350.00 per month) and the salary of each Council Member shall be $3,600.00 per year ($300.00 per month). The Mayor and Council Members shall be compensated in the amount of $25.00 for each Special Council Meeting attended, each meeting of any established committee or commission which the Mayor or any Council Member is an ex—officio member, and each meeting which the Council has directed or authorized the Mayor or any Council Member to attend. The Mayor and Council Members shall also receive reimbursement for expenses related to attendance at said additional meetings as well as any other functions which they are authorized to attend on behalf of the City, including mileage costs at the then applicable IRS rate. The Mayor or Council Members shall submit written claims to the City Clerk for compensation and for reimbursement expenses. Section 2. Additional Compensation. In addition to that compensation listed above, the Mayor and Council Members shall receive as compensation for attendance at workshops, seminars or conventions $150.00 for each day of attendance plus reimbursement for expenses related to attendance including mileage costs at the then applicable IRS rate. Written claims for all additional compensation and related expenses shall be submitted to the City Clerk. Section 3. Effective Date. This ordinance shall be in force and effect ten (10) days after its publication in the official newspaper pursuant to Minn. Stat. 412.021, Subd. 5 subject to the further limitations contained in said Minn. Stat. 412.021, Subd. 5. ,Adopted by the City Council of Otsego this �— day of ► 1991 a 011��Od4 Mayor of the City of Otsego AT ST: .n �L 4 Cl k UTY" OF OTSEGO REVULN r kUH c.UU1M_tL Al. I IUiN AGENDA SECTION: DEPARTMENT: MEETING DATE 9. Council Items: Elaine Beatty August 24,1998 - 6:30PM ITEM NUMBER: ITEM DESCRIPTION: PREPAREv 13Y: EBXC 9.2 Mike Robertson, City Administrator- Update: A. Discussion and consideration of Comp. Plan Agriculture Area Budget. B. Any Other Administrator Business BACKGROUND: 9 2 A. Mike Robertson, City Administrator will update the Council on this iter.:. (See attached _nformation, 5. 2.E. This is for any other Administrator Business that should arise. RECOMMENDATION: This is a Council information from Mike Robertson, City Administrator and any decision. Thanks Elaine MEMORANDUM TO: FROM: DATE: RE: FILE NO.: 5T =:7 ='D �JSULTAN7S 3 N`•� `T R =5 = A R y Mike Robertson Daniel Licht 6 August 1998 Otsego - Comprehensive Plan: Agriculture area budget 176.08 The intent of this memorandum is to provide a framework for completing the Comprehensive Plan in consideration of the additional work created by issues specific to the agriculture area. The table below outlines the our office's efforts to date regarding the Comprehensive Plan specific to the agriculture area. The information includes hours for the week of August 3 - August 7 in advance of the workshop meeting on August 5th. However, costs of materials used this period is not been figured in at this point. 5775 WAYZATA BOULEVARD. David Licht Alan Brixius Daniel Licht Cynthia Putz-Yan Charge Rate (city) $78.85/hr. $70.25/hr. $40.50/hr. $32.00/hr. Hours May 0 0 1.1 0 June .3 0 0 0 July 1.7 1.3 14.1 8.2 August 0 0 8.0 8.8 Total 2.0 1.3 23.2 16.4 Labor Cost $157.70 $91.33 $939.60 $524.80 $1,713.43 Expenses Repro Miles $12.55 $34.30 TOTAL (as of 8/6) $1,760.28 5775 WAYZATA BOULEVARD. SUITE 555 ST, LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2 595-9636 FAX 612-595-9837 E-MAIL NAC WINTERNET COM When work on the Comprehensive Plan was re-initiated, our office provided a memorandum date 21 October 1997, at the Mayor's request, that outlined work to that point and the tasks yet to be completed. The memorandum notes a concern that issues related to the western portion of the community may create additional work beyond the scope and budget of the original project. At the time, the matter of "extra" work was left until such time as it was an issue. The Comprehensive Plan for the balance of the community, with exception to the agriculture area is nearly complete. However, the efforts outlined above related specifically to the agricultural area have nearly exhausted the remaining budget. It is our office's suggestion that the work specifically related to the agriculture area be considered outside the scope of the project. Compensation for these services could be addressed on a time and materials basis per the established technical assistance contract, separate from the Comprehensive Plan budget. The issue of an interim document representing the Comprehensive Plan for the east area of the City may also be an issue if the agriculture area is not determined within one to two weeks. The current contract for the Comprehensive Plan calls for our office to provide 25 copies of the final document. In that the copies of the Tactics and Inventory reports have already been provided, it may be advisable to provide a temporary plan if the City moves forward with adopting a plan for only a portion of the community. The cost for the interim document would be provided on a time and materials basis. At such time as the agriculture area is resolved and the Comprehensive Plan completed entirely, we would provide the 25 copies of the final report. Finally, our office would suggest that any meetings specifically related to the agriculture area be handled similar to that of other Comprehensive Plan meetings or meetings in general. That is, a flat fee of $150 for support staff (Daniel Licht) or $200 for senior staff (David Licht), which is charged as a separate fee from the project. This meeting fee structure was established due to the unpredictability of the number of meetings to complete a project such as a comprehensive plan. It is our estimation that there is little remaining work to be done for the Comprehensive Plan related specifically to the agriculture area, other than revising the text as appropriate to meet the direction of City Officals. The Planning Commission and City Council appear close to a resolution that will allow the entire Comprehensive Plan to move forward to completion. Therefore, the costs above what is identified herein would not be anticipated to be significant. TO: Mayor and City Council From: Judy Hudson, Deputy Clerk/Treasurer Date: August 20, 1998 Re: Claims List Attached is a Claims List for your consideration at the August 24, 1998 City Council Meeting. I apologize for the lateness and the format. The user (me) had a problem with this batch. All has been corrected, and the accounting learning process continues!!!! Tl.(r9 .'_ : 0'! PM • ' Number Date Vendor Amount TOOU43 ___.. ...._... -00117. NORT11WEST ASSOC CONSUL. fAN r,: 4 .84x; . 7r, A T00001 L 00207 ACC MAINTr:NANCL vvmr-1j(.r'.• nn i ?n r L-.F.1NANC1AL--GROU12___. -- r>R rUC-A .._._. =yr, .: s - --1'00004 00009 AUDIO COMMUNICAT CON". I :1 -'r r T0000r;p 00212 B & D PLUMBING X HB:ATING INCnow - roo o i0 001383 004 r S nr T Woi)f?i-twI_ ' •;>m 1 1 n I' L or, r! f0000il 0001a (to C,7.1 CA:>i:nr?r; ~ OU<12fi75� ONSUL.T.AN f."J LTD .. _ :,GZ .-'G T000.10 00184 BRAD RAGAN TIRE. INC, 3'�� 04 I i.ITY OF nl.r'I:•:TVT1I.I I"'� 70001./.• 00037 CROW RIVER FARM EouE.pmuvf -1 •`'`' 1.., 700017 00213 r CUB FOODS � ELK h'IJr�: 1. 03: ' •. TUC)O1':! 00047 DON'S ToO0 0 00214 DUANE'S REPAIR 50.00 n T0002"' 00049 EARL F ANDERSON INC ::1.71.Sri 1000113 00051 EAST SIDE LEASING CO %= 3,17. I" T00026 00063 FYLE'S EXCAVATING & HONEY WAG 240.00 T00029 00064 G Y. 1-EXTILE 1_f�r?SING SY; TEM 3.33.1.0 ,r �.__ - QAD 70-1.1_.V WESE[L-QIL COMPANY 301 .L3< �} ,�•r [• T(•A1 6L rrr'r-dL All .;•'r - ' I rot. 4— --- ......_ ..__...... _ ._. �, _- 7000 _36 00218 MASTER CRAFT LANDSCAPING 6.71x3:713 ,,, • _ r ,. .. „ .01.E ` ' •.`' � roao,s•:y 001.79 MorrrlcELLo ANIMAf_ Car1T1:o1_ .. • "'1 TOOU43 ___.. ...._... -00117. NORT11WEST ASSOC CONSUL. fAN r,: 4 .84x; . 7r, �. �� —LO.Ot)AL._ nn i ?n r L-.F.1NANC1AL--GROU12___. -- r>R rUC-A .._._. =yr, .: s .••<`I nn1 7n QhAll'1V •G r'AAIT CAT T(1AI -'r 1i�.��a � - roo o i0 001383 OFTRONTC'=• I ` �' '; •(; •t,"�-_T.U.OS 2__ 1 OU<12fi75� ONSUL.T.AN f."J LTD .. _ :,GZ .-'G T00054; 00152 SUPERIOsR' YL- CRVIC.Ef; .:r.r.ue..Value 4(.0.00 E 6j , 0' Auc.1 1998 Unpaid !�.umm try Check R"inter r1.14 *.:,:02 PM f r TY OF OTSE-60 Plumber Dake Vendor -•-- --- -- _ -_ Amount, --- - ...----- "I 14S1s1: L OO:'1: V I`, i ]J.11.�i.__... - - ..._� l tt ,��(• f000'G1 .._.001/ LIEGLCR-INC '' ije ' Amount 00036 CORROW T ING 1 360 00 � -- -'---- H---- - ~~�^~ 000SO ~^--'''H ECM PUBLISHERS INC 00200 [VERGRE-EN LAND SERVICES C0 '60 ICMA.RETIREMENT TRUSf 691.62 ---'- 00220 JEANEEM KOLLE6 1 629O' 00114 NORTHERLI --- 243'0(} '--00 �- |U3-|C-AUNDERVILLE EMPLOYEES RETIREMENT FD 64.0-�8 '' 00168 WRI5HT COUNTY AUDITOR -TREASURE grAgdl--_------- '------� ��~»���^ h " »" ��/�� y�nw~~~�~ ���"� ~J � ~~'v -' ---- -__- L-44 ~~ ~