4.4 SR 01-17-2023Request for Action
To
Item Number
Mayor and City Council
4.4
Agenda Section
Meeting Date
Prepared by
Consent
January 17, 2023
Ryan Sandhoefner, Engineer 1
Item Description
Reviewed by
Accept Bid and Award Contract for the City Hall
Brandon Wisner, Engineering Project Manager
Reroof and Public Safety Reroof Projects
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the low bids and authorize the execution of a contract with Palmer West Construction Co.,
Inc. for the construction of the City Hall Reroof in the amount not to exceed $853,100.00 with a 10%
contingency, and authorize the execution of a contract with Granite City Roofing, Inc. for the construction of the
Public Safety Reroof in the amount not to exceed $613,798.00 with a 10% contingency.
Background/Discussion
The roof on both City Hall and Public Safety were due for replacement. Staff advertised and received bids for each
project separately. A tabulation of the bids is attached.
City Hall Reroof received two acceptable bids ranging from $853,100.00 to $860,464.00. The low bid was
submitted by Palmer West Construction Co., Inc.
Public Safety Reroof received two acceptable bids ranging from $613,798.00 to $698,750.00. The low bid was
submitted by Granite City Roofing, Inc.
Financial Impact
Projects to be funded through the 2023 Government Building Funds. Total cost for the City Hall Reroof is
expected to be $853,100.00 along with a 10% contingency. Total cost for the Public Safety Reroof is expected to
be $613,798.00 along with a 10% contingency.
Mission/Policy/Goal
Continuing to highlight city services
Attachments
■ City Hall Reroof Bid Tabulation
■ Public Safety Reroof Bid Tabulation
■ City Hall Reroof Contract
■ Public Safety Reroof Contract
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
M
TUREJ
Updated: Januay 2023
City Hall Reroof (#8349008)
Owner: Elk River MN, City of
Solicitor: Elk River MN, City of
01/09/2023 02:00 PM CST
Section Title Line Item Item Code Item Description
1
Base Bid Total:
Palmer West
Construction Co., Inc
UofM Quantity Unit Price
1 1 60MM REINFORCED RUBBER
Sq Ft
42500
2 2 REMOVE AND REPLACE FAILING ROOF INSULATION
Sq Ft
5000
3 3 INSTALL METAL CLEATS TO COMMON TRADE STANDARDS
Ea
1000
4 4 PROCUREMENT AND INSTALLATION OF SAFETY RAILING
Ea
1
5 5 SALVAGE AND REINSTALL ROOF WALKWAY PADS
LS
1
6 6 SALVAGE AND REINSTALL LIGHTING PROTECTION EQUIPMENT
LS
1
7 7 TURF ESTABLISHMENT
Sq Yd
200
Extension
$853,100.00
$15.60 $663,000.00
$10.50 $52,500.00
$111.00 $111,000.00
$6,700.00 $6,700.00
$2,500.00 $2,500.00
$17,400.00 $17,400.00
$0.00 $0.00
$853,100.00
Granite City
Roofing, Inc.
Unit Price Extension
$860,464.00
$17.30 $735,250.00
$9.50 $47,500.00
$31.43 $31,430.00
$4,700.00 $4,700.00
$4,500.00 $4,500.00
$27,084.00 $27,084.00
$50.00 $10,000.00
$860,464.00
Public Safety Reroof (#8349029)
Owner: Elk River MN, City of
Solicitor: Elk River MN, City of
01/09/2023 02:00 PM CST
Section Title
Base Bid Total:
Line Item Item Code Item Description
1
UofM
1 1 60MM REINFORCED RUBBER
Sq Ft
2 2 REMOVE AND REPLACE FAILING ROOF INSULATION
Sq Ft
3 3 SALVAGE AND REINSTALL ROOF WALKWAY PADS
LS
4 4 SALVAGE AND REINSTALL LIGHTING PROTECTION EQUIPMENT
LS
S S TURF ESTABLISHMENT
Sq Yd
Granite City
Roofing, Inc.
Quantity Unit Price
Extension
$613,798.00
30000 $17.96
$538,800.00
3500 $9.50
$33,250.00
1 $3,500.00
$3,500.00
1 $28,248.00
$28,248.00
200 $50.00
$10,000.00
$613,798.00
Palmer West
Construction Co., Inc
Unit Price
Extension
$698,750.00
$21.37
$641,100.00
$10.50
$36,750.00
$2,500.00
$2,500.00
$18,400.00
$18,400.00
$0.00
$0.00
$698,750.00
Specifications
for
City Hall Reroof
City of Elk River, Minnesota
November 30, 2022
CERTIFICATION PAGE
Plans and Specifications
for
City Hall Reroof
City of Elk River, Minnesota
November 30, 2022
Brandon Wisner Date
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1051
Fax: 763.635.1090
City Hall Reroof
Elk River, Minnesota
TABLE OF CONTENTS
ADVERTISEMENTFORBIDS ........................................................................................................................
00100-1
INFORMATION FOR BIDDERS....................................................................................................................
00200-1
BIDFORM..............................................................................................................................................................
00400-1
BIDBOND.............................................................................................................................................................00430-1
NOTICEOF AWARD.........................................................................................................................................00510-1
AGREEMENT.......................................................................................................................................................
00520-1
NOTICETO PROCEED....................................................................................................................................00550-1
PERFORMANCEBOND...................................................................................................................................00610-1
PAYMENTBOND...............................................................................................................................................00615-1
CONTRACTCHANGE ORDER.....................................................................................................................00671-1
INTERNAL REVENUE FORM IC-134..........................................................................................................
00672-1
CERTIFICATE OF SUBSTANTIAL COMPLETION...............................................................................00673-1
CONTRACTOR'S AFFIDAVIT........................................................................................................................
00674-1
GENERALCONDITIONS................................................................................................................................00700-1
SUPPLEMENT TO GENERAI. CONDITIONS..........................................................................................
00800-1
TECHNICAL SPECIFICATIONS
DivisionS..........................................................................................................................................................................S-1
PLAN DRAWINGS
City Hall Building Plans
Advertisement for Bids 00100- 3
SECTION 00100
Advertisement for Bids
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
City Hall Reroof
Elk River, Minnesota
The City of Elk River is requesting bids for the City Hall Reroof project. The work is generally
described as:
• All necessary work to replace rubber membrane roof at City Hall building (42,500 sq.
ft., bidders to verify) at 13065 Orono Parkway, Elk River, MN
Bids will be accepted electronically only until 2:OOPM CST on Monday, January 9, 2023,
at which time they -,will be opened and read aloud. The bid opening can only be viewed remotely
through the following link:
https://teams.microsoft.com/I/meetup-
join/19%3ameeting_ZjZmZTU2ZDctOTJkZC00NTEzLThmNjMtMzBkMjdlZDkzNzFj%40thre
ad.v2/0?context=%7b%22Tid%22%3a%22ccbac042-Off9-4c68-9d00-
1 cbOf4370c88%22%2c%22Oid%22%3a%221 a9a571 a-cd78-4fc4-be5d-
c9174ba99cb8%22%7d
Complete digital contract bidding documents will be available at www.QuestCDN.com
project number 8349008.
End of Section
Advertisement for Bids 00100- 4
City Hall Reroof
Elk River, Minnesota
SECTION 00200
Instructions to Bidders
BIDS will be received by City of Elk River (herein called the OWNER), at City Hall,
13065 Orono Parkway, Elk River, MN 55330 until 2:00 p.m. local time, on Monday, January 9,
2023, and then at said office publicly opened and read aloud.
All BIDS must be made on the required BID form. All blank spaces for BID prices must be
filled in, in ink or typewritten, and the BID form must be fully completed and executed when
submitted. Only one copy of the BID form is required. No faxed bids will be accepted.
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
postponed thereof. Any BID received after the time and date specified shall not be considered. No
BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. 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 a 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
them from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID bond payable to the OWNER for five percent of
the total amount of the BID. As soon as the BID prices have been compared, the OWNER will
return the BONDS of all except the three 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 may be used in lieu of
a BID BOND.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the
faithful performance of the contract.
Instructions to Bidders 00200 - 1
City Hall Reroof
Ell< River, Minnesota
Attorneys -in -fact who signs 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
accomplished by the necessary Agreement and BOND forms. In case of failure of the BIDDER to
execute the Agreement, the OWNER may at their option consider the BIDDER in default, in which
case the BID BOND accompanying the proposal shall become the property of the OWNER.
The OWNERS 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 by WRITTEN NOTICE
withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the
notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the
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 investigation as they deem 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.
A conditional or qualified BID will not be accepted. The award will be made to the lowest
responsible BIDDER. The Owner reserves the right to reduce the quantities of the project after the
BID and before AWARD of the contract to meet budget. Such adjustments will be made by reducing
the quantities at the BID prices.
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.
Any BIDDER or subcontractor to a BIDDER that does not meet the minimum criteria
established for a "responsible contractor" as defined in Minn. Stat. �16C.285, subd. 3, or fails to verify
that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a contract
for the PROJECT or to perform work on the PROJECT.
Instructions to Bidders 00200 - 2
City Hall Reroof
Ell< River, Minnesota
Responding BIDDERS shall submit to the OWNER, on the form attached, a signed
statement under oath by an owner or officer verifying compliance with each of the minimum criteria
in Minn. Stat. �16C.285, subd. 3, at the time that it responds to this solicitation document.
Each BIDDER shall submit to the OWNER, upon request, copies of the signed verifications
of compliance from all of the bidder's subcontractors.
A false statement under oath verifying compliance with any of the minimum criteria shall make
the BIDDER or subcontractor that makes the false statement ineligible to be awarded a contract and
may result in termination of a contract awarded to a BIDDER or subcontractor that submits a false
statement.
Each BIDDER is responsible for inspecting the site and for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of the BIDDER to do
any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to the BID.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS and
SUBCONTRACTORS when requested to do so by the OWNER.
End of Section
Instructions to Bidders 00200 - 3
City Hall Reroof
Elk River, Minnesota
SECTION 00400
Bid Form
Contract Identification: CITY HALL REROOF
City of Elk River
This Bid Is Submitted To: City of Elk River, 13065 Orono Parkway, Elk River, MN 55330
The proposal of
(hereinafter called BIDDER), organized and existing under the laws of the State of Minnesota doing
business as *, to the City of Elk River (hereinafter called
'OWNER').
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
WORK for the construction of City Hall Reroof in strict accordance with the CONTRACT
DOCUMENTS, within the time set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party
thereto certifies as their 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.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be
specified in the contract special provisions. BIDDER further agrees to pay as liquidated damages, the
sum of $600 for each consecutive calendar day thereafter as provided in Section 15 of the General
Conditions.
Name:
BIDDER acknowledges receipt of the following ADDENDUM:
Addendum No. Addendum Date
Name of person representing BIDDER who inspected site of proposed work:
Date of Inspection:
Bid Form 00400 - 3
City Hall Reroof
Elk River, Minnesota
* Insert "a corporation," "a partnership," or "an individual' as applicable.
BID SCHEDULE
CITY HALL REROOF
CITY OF ELK RIVER, MINNESOTA
BIDDER agrees to perform all work described In the CONTRACT DOCUMENTS for the following.
NOTE: BIDS shall include sales tax and all applicable taxes and fees.
ITEM NO. ITEM Uofm Quantity
1 60MM REINFORCED RUBBER
Sq Ft
42500
2 REMOVE AND REPLACE FAILING ROOF INSULATION
Sq Ft
5000
3 INSTALL METAL CLEATS TO COMMON TRADE STANDARDS
Ea
1000
4 PROCUREMENT AND INSTALLATION OF SAFETY RAILING
Ea
1
5 SALVAGE AND REINSTALL ROOF WALKWAY PADS
LS
1
6 SALVAGE AND REINSTALL LIGHTING PROTECTION EQUIPMENT
LS
1
7 TURF ESTABLISHMENT
Sq Yd
200
1 `SB ELECTRO IC BID WORKSHEET T[7 SL"BI4fIT BIDS
Respectively Submitted:
Signature
Title
License Number
(Seal — If bid is by a Corporation)
Attest
Company
Address
Date
Phone/Fax
Bid Form 00400 - 3
City Hall Reroof
Elk River, Minnesota
Fax
Bid Form 00400 - 3
City Hall Reroof
Ell< River, Minnesota
Bidder's Verification of Compliance
The undersigned, being first duly sworn, as Bidder on the Project, represents and swears as
follows:
Now, and at all times during the duration of the Project, the undersigned complies
with each of the minimum criteria in Minn. Stat. � 16C.285, subd. 3, the Responsible
Contractor statute.
The undersigned understands that a failure to meet or verify compliance with the
minimum criteria established for a "responsible contractor" as defined in Minn. Stat.
16C.285, subd. 3 renders a bidder ineligible to be awarded a construction contract for the
Project or to perform work on the Project.
Upon request, the undersigned will submit copies of the signed verifications of
compliance from all subcontractors.
The undersigned understands that a false statement under oath verifying compliance
with any of the minimum criteria shall make the undersigned or its subcontractor that makes
the false statement ineligible to be awarded a construction project and may result in
termination of a contract awarded to a the undersigned or its subcontractor that submits a
false statement.
Bidder:
By:
Its:
End of Section
Bid Form 00400 - 3
City Hall Reroof
Elk River, Minnesota
SECTION 00430
Bid Bond
Bidder (Name and Address):
Surety (Name and Address of Principal Place of Business):
Owner (Name and Address):
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Bid
Bid Due Date: Monday, January 9, 2023
Project: City Hall Reroof
Bond
Bond Number:
Date:
Penal Sum:
(Words)
(Figures)
KNOW ALL MEN BY THESE PRESENTS, which we, the undersigned,
as Principal,
as Surety, are hereby held and firmly bound unto City of Elk River as OWNER in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this day of 2022. The Condition of the above
obligation is such that whereas the Principal has submitted to the City of Elk River a certain BID,
attached hereto and hereby made a part to enter into a contract in writing, for the City Hall Reroof.
NOW THEREFORE,
a) If said BID shall be rejected, or
BID BOND 00430 - 1
City Hall Reroof
Elk River, Minnesota
b) If said BID shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said
BID) and shall furnish a BOND for his faithful performance of said contract, and for
the payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the
acceptance of said BID, then this obligation shall be void, otherwise the same shall
remain in force and effect; it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above.
Principal
Surety
M.
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners
should execute Bond.
Important: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
End of Section
BID BOND 00430 - 2
City Hall Reroof
Elk River, Minnesota
SECTION 00510
Notice of Award
[Certified Mail — Return Receipt Requested] Date:
To:
Contract: City Hall Reroof
OWNER's Contract No.
You are notified that your Bid dated January 9, 2023, for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the City
Hall Reroof Project.
The Contract Price of your Contract is
Three copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available
to you immediately.
You must comply with the following conditions precedent within 15 days of the date you receive
this Notice of Award.
1. Deliver to the OWNER three fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract Security (Bonds) as specified
in the Instructions to Bidders and General Conditions (paragraph 22) and Supplemental
Conditions (paragraph SC-22).
(List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider
your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one
fully executed counterpart of the Contract Documents.
Notice of Award 00510 - 1
City Hall Reroof
Elk River, Minnesota
City of Elk River
(OWNER)
Gary Lore, Building Maintenance Supervisor
End of Section
Notice of Award 00510 - 2
City Hall Reroof
Elk River, Minnesota
SECTION 00520
Agreement
THIS AGREEMENT, made this day of , 2023, by and between the City of Elk
River (hereinafter called OWNER) and (hereinafter called CONTRACTOR).
WITNESSETH: That for and in consideration of the payment and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction of the City Hall
Reroof Project.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will
complete as specified in the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of
5. The Term "CONTRACT DOCUMENTS" means and includes the following:
(A)
Advertisement for BIDS
(B)
Information for BIDDERS
(C)
BID FORM
(D)
BID BOND
(E)
Agreement
(F)
General Conditions
(G)
Performance BOND
(H)
Payment BOND
(I)
NOTICE OF AWARD
U)
NOTICE TO PROCEED
(K)
CHANGE ORDER
(NI)
PLANS
Agreement 00520 - 1
City Hall Reroof
Elk River, Minnesota
(l) ADDENDA:
Addendum No. Addendum Date
6. The OWNER will pay to the CONTRACTOR in the manner and at such times set forth
in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto
have executed, or caused to be executed by their duly authorized officials, this Agreement in triplicate,
each of which shall be deemed an original on the date first above written.
8. This contract may be terminated by the OWNER at any time upon discovery by the
OWNER that the prime contractor or subcontractor has submitted a false statement under oath
verifying compliance with any of the minimum criteria set forth in Minn. Stat. � 16C.285, subd. 3
Agreement 00520 - 2
(SEAL)
Attest:
Name
(Please Type)
Title
(SEAL)
Attest:
OWNER
City of Elk River
i
City Clerk
CONTRACTOR
By:
Name
(Please Type)
Address:
Telephone:
City Hall Reroof
Elk River, Minnesota
(Please Type)
Agreement 00520 - 3
Name
(Please Type)
Title
End of Section
City Hall Reroof
Elk River, Minnesota
Agreement 00520 - 4
SECTION 00550
Notice to Proceed
To:
Date:
City Hall Reroof
Ell< River, Minnesota
Contract: City Hall Reroof Project
Owner's Contract No.
You are notified that the Contract Times under the above contract will commence to run on
, 2023. By that date, you are to start performing
your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the
dates of Substantial Completion are , and the date of readiness for
final payment is
Before BIDDER may start any Work at the Site, they must comply with paragraph 21 of the
General Conditions, which require you to deliver to the Owner, with copies to Engineer, Certificates of
Insurance, which each is required to purchase and maintain in accordance with the Contract Documents.
By:
City of Elk River
(OWNER)
Gary Lore, Building Maintenance Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
M.
Title
this the day of , 2023.
End of Section
SECTION 00610
Performance Bond
Notice to Proceed 00550 - 1
City Hall Reroof
Ell< River, Minnesota
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS; That
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, in the aggregate penal sum of
in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the day of , 2023, a copy of which is hereto attached
and made a part hereof, for the construction of City Hall Reroof Projects, generally described as
follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW THEREFORE, if Contractor well, truly and faithfully performs its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original terms thereof, and
any extensions thereof which may be granted by Owner, with or without notice to Surety, and during
the Two (2) year(s) guarantee and maintenance period, and if it satisfies all claims and demands
incurred under such contract, and fully indemnifies and saves harmless the Owner from all costs and
damages which Owner may suffer by reason of its failure to do so, and it reimburses and repays Owner
all outlay and expense which Owner may incur in making good any default, then this obligation shall
be void; otherwise to remain in full force and effect.
Performance Bond 00610 - 2
City Hall Reroof
Elk River, Minnesota
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to
the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor and
Surety to the full and faithful performance of the Contract as so amended. The term "Amendment,"
wherever used in this Bond, and whether referring to this Bond, the Contract, or the Loan Documents
shall include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between Owner and Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Performance Bond 00610 - 3
City Hall Reroof
Elk River, Minnesota
IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be
deemed an original, this day of 12023.
SURETY:
IN
ATTEST:
[SEAL]
Attorney -in -Fact
(Address)
(Surety)
CONTRACTOR AS PRINCIPAL:
(Address)
ATTEST:
(Contractor as Principal)
[SEAL]
(Witness as to Surety) (Witness as to Contractor as Principal)
(Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership, all partners
should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current
list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
End of Section
Performance Bond 00610 - 4
City Hall Reroof
Ell< River, Minnesota
SECTION 00615
Payment Bond
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS; That
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, and unto all persons, firms and corporations who or which may furnish
labor or materials, as defined in Minnesota Statute 574, to perform as described under the contract
and to their successors and assigns in the total aggregate penal sum of
in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the day of , 2023, a copy of which is hereto attached and
made a part hereof, for the construction of City Hall Reroof Projects, generally described as follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW, THEREFORE, if the Contractor promptly makes payment to all persons, firms,
Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of
the Work provided for in such contract and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms and corporations having a direct contract with the principal or its subcontractors.
Payment Bond 00615 - 1
City Hall Reroof
Ell< River, Minnesota
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a)
Unless the claimant, other than one having a direct contract with the Contractor, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety above named
within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner, or Surety, at any
place where an office is regularly maintained for the transaction of business, or served in any manner
in which legal process may be served in the state in which the aforesaid project is located, save that
such service need not be made by a public officer. (b) After the expiration of two (2) years following
the date of which Contractor ceased work on said Contract, it being understood, however, that if any
limitation embodied in the Bond is prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to
the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor and
Surety to the full and faithful performance of the Contract as so amended. The term "Amendment",
wherever used in this Bond, and whether referring to this Bond, the Contract or the Loan Documents
shall include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Payment Bond 00615 - 2
City Hall Reroof
Elk River, Minnesota
IN WITNESS WHEREOF, this instrument is executed in two or more counterparts, each
one of which shall be deemed an original, this day of 52023.
SURETY:
By
Attorney -in -Fact
(Address)
ATTEST:
(Surety)
[SEAL]
(Witness as to Surety)
(Address)
LM
CONTRACTOR AS PRINCIPAL:
(Address)
ATTEST:
(Contractor as Principal)
[SEAL]
(Witness as to Contractor as Principal)
(Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
Payment Bond 00615 - 3
City Hall Reroof
Elk River, Minnesota
End of Section
Payment Bond 00615 - 4
City Hall Reroof
Elk River, Minnesota
SECTION 00671
Change
Order
Instruction on reverse side
No.
PROJECT: City Hall
DATE OF ISSUANCE:
Reroof Project
OWNER: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
CONTRACTOR:
CONTRACT FOR: City Hall
Reroof Project
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments (List documents supporting change):
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
$
Substantial Completion:
Final Completion:
Previous Change Orders No. to No.
Net change from previous Change Orders
$
Days
Contract Price prior to this Change Order
Contract Time prior to this Change Order
Substantial Completion:
$
Final Completion:
Net Increase (Decrease) of this Change Order
Net Increase (Decrease) of this Change Order
days for Substantial Completion
$ .00
days for Final Completion
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
Substantial Completion:
$
Final Completion:
RECOMMENDED: APPROVED:
APPROVED:
By By
By
City Engineer City of Elk River
Change Order 00671 - 1
EJCDC No. 1910-8-B (1996 Edition)
Change Order
Instructions
A. General Information
City Hall Reroof
Ell< River, Minnesota
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must
be incorporated into a subsequent Change Order if they Affect Price of Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order.
The practice of accumulating change order items to reduce the administrative burden may lead to
unnecessary disputes.
For supplemental instructions and minor changes not involving a Change in the Contract Price or
Contract Time, a Field Order may be used.
B. Completing the Change Order Form
Engineer initiates the form, including a description of the changes involved and attachments based
upon documents and proposals submitted by Contractor, or requests from Owner, or Both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for
approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer
should make distribution of executed copies after approval by Owner.
If a change only applies to price or to the time, cross out the part of the tabulation that does not apply.
Change Order 00671 - 2
City Hall Reroof
Elk River, Minnesota
SECTION 00672
Withholding Affidavit for Contractors
(FORM IC-134)
The following Withholding Affidavit for Contractors form JC-134), or the most current edition
thereof, must be competed for each subcontractor and submitted to the Engineer before final payment
can be made.
Withholding Affidavit for Contractors 00672- 1
City Hall Reroof
Elk River, Minnesota
SECTION 00673
Certificate of Substantial Completion
DATE OF ISSUANCE
OWNER City of Elk River
CONTRACTOR
Contract: City Hall Reroof Project
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof -
To the City of Elk River
(OWNER)
And To
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents on
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR no later than
00673 - 1
City Hall Reroof
Elk River, Minnesota
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance
with the Contract Documents.
Executed by OWNER on
2023
Date
By: , 2023
(Authorized Signature)
CON7Rf1CTOB accepts this Certificate of Substantial Completion on 2023
LN
Date
CONTRACTOR
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on
Date
City of Elk River
OWNER
(Authorized Signature)
End of Section
00673 - 2
SECTION 00674
Contractor's Affidavit
State of Minnesota
The County of
The City of
Date:
City Hall Reroof
Ell< River, Minnesota
of has
furnished all labor and material entering into the City Hall Reroof project for the City of Elk River
(Owner).
, of
states further that Contractor has full knowledge of all obligations for
such labor and materials which have entered into and become part of that certain project known and
designated above, and Contractor further disposes and says that all debts and other obligations for
such labor and materials have been fully and completely paid for in good and lawful money of the
United States of American and that there are no suits for damages against them proceeding,
prospective or otherwise, in consequence of their operations on the above said project.
The said will hold the Owners, the City of Elk River, blameless of any and all
Mechanic's Liens that may be hereafter entered or filed for record, so as to constitute charge against
said premises for work or labor done or materials furnished by them.
IN WITNESS WHEREOF, Contractor has heretofore put their hand and seal.
SEAL
Contractor's Authorized Agent
I, , Notary Public in and for the above named County and State
do hereby certify that personally known to me to be the affiant in
the foregoing affidavit, personally appeared before me this day, and, having been duly sworn, deposes
and say that the facts set forth in the above affidavit are true and correct.
WITNESS my hand and seal this day of 52023.
my commission expires
End of Section
General Conditions 00700 - 3
City Hall Reroof
Ell< River, Minnesota
SECTION 00700
General Conditions
1.
Definitions
17.
Subsurface Conditions
2.
Additional Instructions and Detail
18.
Suspension of Work, Termination, and
Drawings
Delay
3.
Schedules, Reports, and Records
19.
Payments to Contractor
4.
Drawings and Specifications
20.
Acceptance of Final Payment as
5.
Shop Drawings
Release
6.
Materials, Services and Facilities
21.
Insurance
7.
Inspection and Testing
22.
Contract Security
8.
Substitutions
23.
Assignments
9.
Patents
24.
Indemnification
10.
Surveys, Permits, Regulations
25.
Separate Contracts
11.
Protection of Work, Property, Persons
26.
Subcontracting
12.
Supervision by Contractor
27.
Engineer's Authority
13.
Changes in the Work
28.
Land and Rights -Of -Way
14.
Changes in Contract Price
29.
Guarantee
15.
Time for Completion and Liquidated
30.
Arbitration
Damages
31.
Taxes
16.
Correction of Work
1. Definitions
1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated,
and shall be applicable to both the singular and plural thereof-
1.2 Addenda - Written or graphic instruments issued prior to the execution of the Agreement which
modify and interpret the Contract Documents, Drawings, and Specifications, by additions, deletions,
clarifications, or corrections.
1.3 Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
1.4 Bidder - Any person, firm or corporation submitting a Bid for the work.
1.5 Bonds - Bid, Performance and Payment Bonds and other instruments of surety, furnished by the
Contractor and the Contractor's surety in accordance with the Contract Documents.
1.6 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision
in the work within the general scope of the Contract Documents, or authorizing an adjustment in the
contract price or contract time.
General Conditions 00700 - 4
City Hall Reroof
Ell< River, Minnesota
1.7 Contract Documents - The Contract, including Advertisement for Bids, Information for Bidders,
Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed,
Change Order, Drawings, Specifications, and Addenda.
1.8 Contract Price - The total monies payable to the Contractor under the terms and conditions of
the Contract Documents.
1.9 Contract Time - The number of calendar days stated in the Contract Documents for the
completion of the work.
1.10 Contractor - The person, firm, or corporation with whom the Owner has executed the
Agreement.
1.11 Drawings - The parts of the Contract Documents which show the characteristics and scope of
the work to be performed and which have been prepared or approved by the Engineer. May also be
designated as "PLANS".
1.12 Engineer— (Section Omitted)
1.13 Field Order -A written order effecting 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.
1.14 Notice of Award - The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
1.15 Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing
him/her to proceed with the work and establishing the date for commencement of the work.
1.16 Owner -A public or quasi -public body or authority, corporation, association, partnership, or an
individual for whom the work is to be performed.
1.17 Project - The undertaking to be performed as provided in the Contract Documents.
1.18 Resident Project Representative -The authorized representative of the Owner who is assigned
to the project site or any part thereof.
1.19 Shop Drawings - All drawings, diagrams, illustration, brochures, schedules, and other data which
are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate
how specific portions of the work shall be fabricated or installed.
1.20 Specifications - A part of the Contract Documents consisting of written descriptions of a
technical nature of materials, equipment, construction systems, standards, and workmanship.
General Conditions 00800 - 2
City Hall Reroof
Ell< River, Minnesota
1.21 Subcontractor - An individual, firm, or corporation having a direct contract with Contractor or
with any other subcontractor for the performance of a part of the work at the site.
1.22 Substantial Completion - That date certified by the Engineer when the construction of the
Project or a specified part thereof is sufficiently completed, in accordance with the Contract
Documents, so that the Project or specified part can be utilized for the purposes for which it is
intended.
1.23 Supplemental General Conditions - Modifications and/or additions to the General Conditions
or such requirements that may be imposed by applicable state laws.
1.24 Supplier - Any person or organization who supplies materials or equipment for the work,
including the fabricated special design, but who does not perform labor at the site.
1.25 Work - All labor necessary to produce the construction required by the Contract Documents,
and all materials and equipment incorporated or to be incorporated in the Project.
1.26 Written Notice - Any notice to any party of the Agreement relative to any part of this Agreement
in writing and considered delivered and the service thereof completed, when posted by certified or
registered mail to the said party at their last given address, or delivered in person to said party or their
authorized representative on the work.
2. Additional Instructions and Detail Drawings
2.1 The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2.2 The additional drawings and instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions.
3. Schedules, Reports and Records
3.1 The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data where applicable, as are required by the
Contract Documents for the work to be performed.
3.2 Prior to the first partial payment estimate, the Contractor shall submit construction progress
schedules showing the order in which the Contractor proposes to carry on the work, including dates
at which the various parts of the work will be started, estimated date of completion of each part, and,
as applicable:
3.2.1 The dates at which special detail drawings will be required; and
General Conditions 00800 - 3
City Hall Reroof
Ell< River, Minnesota
3.2.2 Respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies, and equipment (if applicable).
3.3 The Contractor shall also submit a schedule of payments that the Contractor anticipates will be
earned during the course of the work.
4. Drawings and Specifications (if applicable)
4.1 The intent of the drawings and specifications is that the Contractor shall furnish all labor,
materials, tools, equipment, and transportation necessary for the proper execution of the work in
accordance with the Contract Documents and all incidental work necessary to complete the Project
in an acceptable manner, ready for use, occupancy or operation by the Owner.
4.2 In case of conflict between the drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
4.3 Any discrepancies found between the drawings and specifications and site conditions or any
inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the
Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work
done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be
done at the Contractor's risk.
5. Shop Drawings (if applicable)
5.1 The Contractor shall provide shop drawings as may be necessary for the prosecution of the work
as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The
Engineer's approval of any shop drawing shall not release the Contractor from responsibility for
deviations from the Contract Documents. The approval of any shop drawing which substantially
deviates from the Contract Documents shall be evidenced by a Change Order.
5.2 When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification
that he has reviewed, checked and approved the shop drawings, and that they are in conformance with
the requirements of the Contract Documents.
5.3 Portions of the work requiring a shop drawing or sample submission shall not begin until the
shop drawing or submission has been approved by the Engineer. A copy of each approved shop
drawing and each approved sample shall be kept in good order by the Contractor at the site and shall
be available to the Engineer. A copy of the approved shop drawings shall be provided to the Owner.
6. Materials, Services, and Facilities
6.1 It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power,
transportation, supervision, temporary construction of any nature, and all other services and facilities
General Conditions 00800 - 4
City Hall Reroof
Ell< River, Minnesota
of any nature whatsoever necessary to execute, complete, and deliver the work within the specified
time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as
to facilitate prompt inspection.
6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned as directed by the manufacturer.
6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the
Contractor and approved by the Engineer.
6.5 Materials, supplies, or equipment to be incorporated into the work shall not be purchased by the
Contractor or subcontractor subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller.
7. Inspection and Testing (if applicable)
7.1 All materials and equipment used in the construction of the Project shall be subject to adequate
inspection and testing in accordance with generally accepted standards, as required and defined in the
Contract Documents.
7.2 The Owner shall provide all inspection and testing services not required by the Contract
Documents.
7.3 The Contractor shall provide at the Contractor's expense, the testing and inspection services
required by the Contract Documents.
7.4 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. The Contractor
will then furnish the Engineer the required certificates, testing, or approval.
7.5 Inspections, tests, or approvals by the Engineer or others shall not relieve the Contractor from
the obligations to perform the work in accordance with the requirements of the Contract Documents.
7.6 The Owner, Engineer and the Engineer's representatives will at all times have access to the work.
In addition, authorized representatives and agents of any participating federal or state agency shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other
relevant data and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspection or testing thereof.
General Conditions 00800 - 5
City Hall Reroof
Ell< River, Minnesota
7.7 If any work is covered contrary to the written instructions of the Engineer, it must, if requested
by the Engineer, be uncovered for the Engineer's observation and replaced at the Contractor's
expense.
7.8 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, materials, tools, and equipment. If it is found that such work is
defective, the Contractor will bear all expenses of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction; if, however, such work is not found to be defective, the
Contractor will be allowed an increase in the contract price or an extension of the contract time, or
both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate Change Order shall be issued.
8. Substitutions
8.1 Whenever a material, article, or piece of equipment is identified on the drawings or specifications
by reference to brand name or catalogue numbers, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and functions shall be considered. The Contractor may recommend the
substitution of a material, article, or piece of equipment of equal substance and function for those
referred to in the Contract Documents by reference to brand name or catalogue number, and if, in
the opinion of the Engineer and Owner, such material, article, or piece of equipment is of equal
substance and function to the specified, the Engineer may approve its substitution and use by the
Contractor. Any cost differential shall be deductible from the contract price and the Contract
Documents shall be appropriately modified by Change Order. The Contractor warrants that if
substitutes are approved, no major changes in the function or general design of the project will result.
Incidental changes or extra component parts required to accommodate the substitute will be made by
the Contractor without a change in the contract price or contract time.
9. Patents
9.1 The Contractor shall pay all applicable royalties and license fees, and shall defend all suits or claims
for infringement of any patent rights and save the Owner harmless from loss on account thereof,
except that the Owner shall be responsible for such loss unless the Contractor promptly gives such
information to the Engineer.
10. Surveys, Permits, Regulations
10.1 The Owner shall furnish all boundary surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of bench marks adjacent to the work
as shown in the Contract Documents.
General Conditions 00800 - 6
City Hall Reroof
Ell< River, Minnesota
10.2 The Contractor shall carefully preserve bench marks, reference points and stakes, and, in case of
willful or careless destruction, shall be charged with the resulting expense and shall be responsible for
any mistake that may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise stated in the Supplemental General
Conditions. Permits, licenses, and easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on
the conduct of the work as drawn and specified. If the Contractor observes that the Contract
Documents are at variance therewith, the Contractor shall promptly notify the Engineer in writing,
and any necessary changes shall be adjusted as provided in Section 13, Changes In The Work.
11. Protection of Work, Property, and Persons
11.1 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 all employees on the work and other persons who may be affected thereby, all the work and
all materials or equipment to be incorporated therein, whether in storage on or off the site, and other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation, or replacement in the course of
construction.
11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of
any public body having jurisdiction. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protection. The
Contractor will notify owners of adjacent utilities when prosecution of the work may affect them. The
Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole
or part, by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them
or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the
Contract Documents or to the acts or omissions of the Owner, of the Engineer, or anyone employed
by either of them or anyone for whose acts either of them may be liable, and not attributable, directly
or indirectly, in whole or in part, to the fault or negligence of the Contractor.
11.3 In emergencies affecting the safety of persons or the work or property at the site or adjacent
thereto, the Contractor, without special instructions or authorization from the Engineer or Owner,
shall act 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.
11.4 In order to protect the lives and health of its employees under the Contract, the Contractor shall
comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued
General Conditions 00800 - 7
City Hall Reroof
Ell< River, Minnesota
by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all
cases of death, occupational disease, and injury requiring medical attention or causing loss of time
from work, arising out of and in the course of employment of work under the Contract.
11.5 The Contractor alone shall be responsible for the safety, efficiency, and adequacy of its plant,
appliances, and methods, and for any damage which may result from their failure of their improper
construction, maintenance, or operation.
12. Supervision by Contractor
12.1 The Contractor shall supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in
writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full
authority to act on behalf of the Contractor and all communications given to the supervisor shall be
as binding as if given to the Contractor. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the work.
13. Changes in the Work
13.1 The Owner may at any time, as the need arises, order changes within the scope of the work
without invalidating the Agreement. If such changes increase or decrease the amount due under the
Contract Documents, or the time required for performance of the work, an equitable adjustment shall
be authorized by Change Order.
13.2 The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the
work. The Contractor shall proceed with the performance of any changes in the work so ordered by
the Engineer unless the Contractor believes that such field order entitles the Contractor to a change
in contract price or time, or both, in which event the Contractor shall give the Engineer written notice
thereof within seven (7) days after the receipt of the ordered change. Thereafter, the Contractor shall
document the basis for the change in contract price or time within thirty (30) days. The Contractor
shall not execute such changes pending the receipt of an executed Change Order or further instruction
from the Owner.
14. Changes in Contract Price
14.1 The contract price may be changed only by a Change Order. The value of any work covered by
a Change Order or of any claim for increase or decrease in the contract price shall be determined by
one or more of the following methods in the order of precedence listed below:
a) Unit prices previously approved
b) An agreed lump sum
14.2 The contract Change Order will include extra work, work for which quantities have been altered
from those shown in the bidding schedule, as well as decreases or increases in the quantities of installed
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units which are different than those shown in the bidding schedule because of final measurements.
All changes should be recorded on a Change Order as they occur so that they may be included in the
partial payment estimate.
15. Time for Completion and Liquidated Damages
15.1 The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents, and the work embraced shall be commenced on the date specified in the Notice
to Proceed.
15.2 The Contractor will proceed with the work at such rate of progress to insure full completion
within the contract time. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the contract time for the completion of the work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the work.
15.3 If the Contractor shall fail to complete the work within the contract time, or extension of time
granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages
as specified in the Bid for each calendar day that the Contractor shall be in default after the time
stipulated in the Contract Documents.
15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay
in completion of the work is due to the following, and the Contractor has promptly given written
notice of such delay to the Owner or Engineer.
15.4.1 To any preference, priority or allocation order duly issued by the Owner.
15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, or of the public enemy, acts of the Owner,
acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather.
15.4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 15.4.1
and 15.4.2 of this article.
16. Correction of Work
16.1 The Contractor shall promptly remove from the premises all work rejected by the Engineer for
failure to comply with the Contract Documents whether incorporated in the construction or not, and
the Contractor shall promptly replace and re -execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement.
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16.2 All removal and replacement work shall be done at the Contractor's expense. If the Contractor
does not take action to remove such rejected work within ten (10) days after receipt of written notice,
the Owner may remove such work and store the materials at the expense of the Contractor.
. . . . . ... . . . ... .
Haim- m
18. Suspension of Work, Termination, and Delay
18.1 The Owner may suspend the work or any portion thereof for a period of not more than ninety
(90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor
and the Engineer which shall fix the date on which work shall be resumed. The Contractor will resume
that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an
extension of the contract time, or both, directly attributable to any suspension.
18.2 If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the Contractor or for any of its
property, or if Contractor files a petition to take advantage of any debtor's act, or to reorganize under
the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workers or suitable
materials or equipment, or repeatedly fails to make prompt payments to subcontractors or for labor,
materials or equipment, or disregards laws, ordinances, rules, regulations or orders of any public body
having jurisdiction of the work, or disregards the authority of the Engineer, or 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 its surety a minimum of ten (10) days from delivery of a
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 the Owner may deem expedient. In such case, the Contractor
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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 in a Change Order.
18.3 Where the Contractor's services have been so terminated by the Owner, said termination shall
not affect any right of the Owner against the Contractor then existing or which may thereafter accrue.
Any retention or payment of monies by the Owner due the Contractor will not release the Contractor
from compliance with the Contract Documents.
18.4 After ten (10) days from delivery of a 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 Contract. In such case, the Contractor shall be paid for all work executed
and any expense sustained plus reasonable profit.
18.5 If, through no act or fault of the Contractor, the work is suspended for a period of more than
ninety (90) days by the Owner, or under an order of court or other public authority, or the Engineer
fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails
to pay the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within
thirty (30) days of its approval and presentation, then the Contractor may, after (10) days from delivery
of a written notice to the Owner and the Engineer terminate the Contract and recover from the Owner
payment for all work executed and all expenses sustained. In addition and in lieu of terminating the
Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make
any payment as aforesaid, the Contractor may upon ten (10) days written notice to the Owner and the
Engineer stop the work until paid all amounts then due, in which event and upon resumption of the
work, Change Orders shall be issued for adjusting the contract price or extending the contract time
or both to compensate for the costs and delays attributable to the stoppage of the work.
18.6 If the performance of all or any portion of the work is suspended, delayed, or interrupted as a
result of a failure of the Owner or Engineer to act within the time specified in the Contract
Documents, or if no time is specified, within a reasonable time, an adjustment in the contract price or
an extension of the contract time, or both, shall be made by Change Orders to compensate the
Contractor for the costs and delays necessarily caused by the failure of the Owner or Engineer.
19. Payment to Contractor
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a
month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed
by the Contractor covering the work performed during the period covered by the partial payment
estimate and supported by such data as the Engineer may reasonably require. If payment is requested
on the basis of materials and equipment not incorporated in the work but delivered and suitably stored
at or near the site, the partial payment estimate shall also be accompanied by such supporting data,
satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect
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the Owner's interest therein, including applicable insurance. The Engineer will, within ten (10) days
after receipt of each partial payment estimate, either indicate in writing approval of payment, and
present the partial payment estimate to the Owner, or return the partial payment estimate to the
Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the
Contractor may make the necessary corrections and resubmit the partial payment estimate. The
Owner will, within ten (10) days of presentation of an approved partial payment estimate, pay the
Contractor a progress payment on the basis of the approved partial payment estimate less the
retainage. The retainage shall be an amount equal to 5% of said estimate. At any time when the
progress of the work is not satisfactory, additional amounts may be retained. Upon substantial
completion of the work, any amount retained may be paid to the Contractor. When the work has
been substantially completed except for work which cannot be completed because of weather
conditions, lack of materials, or other reasons which in the judgment of the Owner are valid reasons
for non -completion, the Owner may make additional payments, retaining at all times an amount
sufficient to cover the estimated cost of the work still to be completed.
19.1.1 The Engineer may disapprove or, on account of subsequently discovered evidence, nullify the
whole or part of the approved partial payment estimate to such extent as may be necessary to protect
the Owner from loss, on account of -
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of Contractor to make payment properly to subcontracts or for material or
labor.
(d) A reasonable doubt that the work can be completed for the balance then unpaid.
(e) Damage to another Contractor.
(� Performance of work in violation of the terms of the Contract Documents.
19.1.2 Where work on unit price items is substantially complete but lack clean-up and/or corrections
ordered by the Engineer, amounts shall be deducted from unit prices in partial payment estimates to
amply cover such clean-up and corrections.
19.1.3 When the grounds for withholding or reducing partial payment defined in 19.1.1 and 19.1.2
are corrected, payment shall be made for the amounts withheld because of them.
19.2 The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored either at or near the site.
19.3 Prior to substantial completion, the Owner, with the approval of the Engineer and with the
concurrence of the Contractor, may use any completed or substantially completed portions of the
work. Such use shall not constitute an acceptance of such portions of the work.
19.4 The Owner shall have the right to enter the premises for the purpose of doing work not covered
by the Contract Documents. This provision shall not be construed as relieving the Contractor of the
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sole responsibility for the care and protection of the work, or the restoration of any damaged work
except such as may be caused by agents or employees of the Owner.
19.5 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to
the final payment request that the work has been accepted under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages,
but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within
thirty (30) days of completion and acceptance of the work.
19.6 The Contractor will indemnify and save the Owner or the Owner's agents harmless from all
claims growing out of the lawful demand of subcontractors, laborers, workers, mechanics, material,
men, and furnishers or machinery and parts thereof, equipment, tools and all supplies incurred in the
furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish
satisfactory evidence that all obligations of the nature designated above have been paid, discharged or
waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either
pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that
all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in
accordance with the terms of the Contract Documents, but in no event shall the provisions of this
sentence be construed to impose any obligations upon the Owner to either the Contractor, the
Contractor's surety, or any third party. In paying any unpaid bills of the Contractor, any payment so
made by the Owner shall be considered as a payment made under the Contract Documents by the
Owner to the Contractor and the owner shall not be liable to the Contractor for any such payments
made in good faith.
19.7 If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition
to other remedies available to the Contractor, there shall be added to each such payment interest at
the maximum legal rate commencing on the first day after said payment is due and continuing until
the payment is received by the Contractor.
20. Acceptance of Final Payment as Release
20.1 The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this work
and for every act and neglect of the Owner and others relating to or arising out of this work. Any
payment, however, final or otherwise, shall not release the Contractor or its sureties from any
obligations under the Contract Documents or the Performance and Payment Bonds.
21. Insurance
21.1 The Contractor shall purchase and maintain such insurance as will protect it from claims set
forth below which may arise out of, or result from, the Contractor's execution of the work, whether
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such execution be by the Contractor, any subcontractor, or by anyone directly or indirectly employed
by any of them, or by anyone for whose acts any of them may be liable:
21.1 Claims under Workers' Compensation, disability benefit, and other similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of
employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other
than employees;
21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1)
by any person as a result of an offense directly or indirectly related to the employment of such person
by the Contractor, or (2) by any other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of
use resulting therefrom.
21.2 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of work. These Certificates shall contain a provision that coverage afforded under
the policies will not be cancelled, materially changed, or not renewed unless at least thirty (30) days
prior written notice has been given to the Owner. All insurance certificates shall list the Owner as an
additional named insured and the project name.
21.2.1 The Certificates of Insurance shall specifically provide that the contractual liability as set forth
in Section 24, INDEMNIFICATION, has been insured and that coverage is included for collapse
and underground hazards and completed operations. In the event that conditions are encountered
during the progress of the work which requires blasting, no such blasting shall be undertaken until
coverage for blasting has been obtained and certificates issued therefor.
21.3 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, Liability Insurance as hereinafter specified:
21.3.1 Contractor's General Public Liability and Property Damage Insurance including vehicle
coverage issued to the Contractor and protecting the Contractor from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in connection
with any operations under the Contract Documents, whether such operations be by the Contractor
or by any subcontractor employed by the Contractor or anyone directly or indirectly employed by the
Contractor or by a subcontractor employed by the Contractor. Insurance shall be written with a limit
of liability of not less than $600,000 for all damages arising out of bodily injury, including death, at
any time resulting therefrom, sustained by any one person in any one accident, and a limit of liability
of not less than $600,000 aggregate for any such damages sustained by two or more persons in any
one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all
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property damage sustained by any one person in any one accident; and a limit of liability of not less
than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.
21.3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage
Insurance upon the project to the full insurable value thereof for the benefit of the Owner, the
Contractor, and subcontractors as their interest may appear. This provision shall in no way release
the Contractor or Contractor's surety from obligations under the Contract Documents to fully
complete the project.
21.4 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, in accordance with the provisions of the laws of the state in which the work is performed,
Workers' Compensation Insurance, including occupational disease provisions, for all of the
Contractor's employees at the site of the project and in case any work is sublet, the Contractor shall
require such subcontractor similarly to provide Workers' Compensation Insurance, including
occupational disease provisions for all of the latter's employees unless such employees are covered by
the protection afforded by the Contractor. In case any class of employees engaged in hazardous work
under this contract at the site of the project is not protected under Workers' Compensation statute,
the Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable
insurance for the protection of its employees not otherwise protected.
21.5 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to
be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not
be less than the contract price totaled in the Bid. The policy shall cover not less than the losses due
to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and
smoke during the contract time, and until the work is accepted by the Owner. The policy shall name
as the insured the Contractor, and the Owner.
21.6 Owner's Protective Liability and Property Damage Insurance: The Contractor shall take out and
maintain Owner's Protective Liability and Property Damage Insurance in the name of the Owner and
the Engineer insuring against bodily injury, including accidental death, and property damage liability
in the limits set forth above under "Public Liability Insurance" for which they may become legally
obligated to pay as damages sustained by any persons, caused by accident and arising out of operations
performed for the named insured by independent contractors and general supervision thereof.
22. Contract Security
22.1 The Contractor shall within ten (10) days after the receipt of the Notice of Award, furnish the
Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the
contract price, conditional upon the performance by the Contractor of all undertakings, covenants,
terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the
Contractor to all persons supplying labor and materials in the prosecution of the work provided by
the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact such business in the state in which the work is to be performed and
named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the
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Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the
Contractor. If at any time a surety on any such Bond is declared a bankrupt or loses its right to do
business in the state in which the work is to be performed or is removed from the list of Surety
Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the
Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such
other sureties as may be satisfactory to the Owner. The premiums on such Bond shall be paid by the
Contractor. No further payment shall be deemed due nor shall be made until the new surety or sureties
shall have furnished an acceptable Bond to the Owner.
23. Assignments
23.1 Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the
Contract or any portion thereof, or of any right, title, or interest therein, or any obligation thereunder,
without the written consent of the other party.
24. Indemnification
24.1 The Contractor will 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 claims, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by
any negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the Owner or the Engineer, or any of their agents or employees of
the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the Contractor or any subcontractor under Workers' Compensation acts, disability benefit acts, or
other employee benefit acts.
24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the
Engineer, its agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications.
25. Separate Contracts
25.1 The Owner reserves the right to let other contracts in connection with this project. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of
their materials and the execution of their work, and shall properly connect and coordinate the work
with theirs. If the proper execution or results of any part of the Contractor's work depends upon the
work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any
defects in such work that render it unsuitable for such proper execution and results.
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25.2 The Owner may perform additional work related to the project or the Owner may let other
contracts containing provisions similar to these. The Contractor will afford the other Contractors
who are parties to such Contracts (or the Owner, if the Owner is 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 theirs.
25.3 If the performance of additional work by other Contractors or the Owner is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be given to
the Contractor prior to starting any such additional work. If the Contractor believes that the
performance of such additional work by the Owner or others involves it in additional expense or
entitles it to an extension of the contract time, the Contractor may make a claim thereof as provided
in Sections 14 and 15
26. Subcontracting
26.1 The Contractor may utilize the services of specialty subcontracts on those parts of the work
which, under normal contracting practices, are performed by specialty subcontractors.
26.2 The Contractor shall not award work to subcontractor(s), in excess of fifty (50%) percent of the
contract price, without prior written approval of the Owner.
26.3 The Contractor shall be fully responsible to the Owner for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for
the acts and omissions of persons directly employed by it.
26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to
the work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar
as applicable to the work of subcontractors and give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision of
the Contract Documents.
26.5 Nothing contained in this Contract shall create any contractual relation between any
subcontractor and the Owner.
27. Engineer's Authority
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27.1 The Engineer or assigned designee shall act as the Owner's representative during the construction
period, shall decide questions which may arise as to quality and acceptability of materials furnished
and work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased
manner. The Engineer or assigned designee will make visits to the site and determine if the work is
proceeding in accordance with the Contract Documents.
27.2 The Contractor will be held strictly to the intent of the Contract Documents in regard to the
quality of materials, workmanship, and execution of the work. Inspections may be at the factory or
fabrication plant of the source of material supply.
27.3 The Engineer or assigned designee will not be responsible for the construction means, controls,
techniques, sequences, procedures, or construction safety.
27.4 The Engineer or assigned designee shall promptly make decisions relative to interpretations
of the Contract Documents.
28. Land and Rights -Of -Way
28.1 Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights -of -way
necessary for carrying out and for the completion of the work to be performed pursuant to the
Contract Documents, unless otherwise mutually agreed.
28.2 The Owner shall provide to the Contractor information which delineates and describes the lands
owned and rights -of -way acquired.
28.3 The Contractor shall provide at its own expense and without liability to the Owner any additional
land and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials.
29. Guarantee
29.1 The Contractor shall guarantee all materials and equipment furnished and work performed for a
period of two (2) years from the date of substantial completion. The Contractor warrants and
guarantees for a period of two (2) years from the date of substantial completion of the system that the
completed system is free from all defects due to faulty materials or workmanship and the Contractor
shall promptly make such corrections as may be necessary by reason of such defects including the
repairs of the damage of other parts of the system resulting from such defects. The Owner will give
notice of observed defects with reasonable promptness. In the event that the Contractor should fail
to make such repairs, adjustments, or other work that may be made necessary by such defects, the
Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall
remain in full force and effect through the guarantee period.
30. Arbitration
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30.1 All claims, disputes and other matters in question arising out of, or relating to, the contract
documents or the breach thereof, except for claims which have been waived by the making and
acceptance of final payment as provided by Section 20, may be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association provided
that the Owner and the Contractor mutually agree by separate instrument to arbitrate such claims,
disputes and matters in question. This agreement to arbitrate shall be specifically enforceable under
the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be filed in writing with the Owner party to the
Contract Documents and with the American Arbitration Association and a copy shall be filed with
the Engineer. Demand for arbitration shall in no event be made on any claim, dispute, or other matter
in question which would be barred by the applicable statue of limitations.
30.3 The Contractor will carry on the work and maintain the progress schedule during any arbitration
proceedings, unless otherwise mutually agreed in writing.
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31. Taxes
31.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the laws of
the place where the work is performed.
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SECTION 00800
Supplement to General Conditions
General
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These supplementary General Conditions make additions, deletions, or revisions to the General
Conditions as indicated herein. All provisions, which are not so amended or supplemental, remain in
full force and effect. Terms used in these Supplementary General Conditions which are defined in
the General Conditions have the meanings assigned to them in the General Conditions.
1. Definitions
Add the following definitions to Article 1:
Conflict: A case where an item of Work is shown or specified differently in two or more places in the
Contract Documents. An item of Work shown in one portion of the Contract Documents but not in
another is not a conflict.
Engineer: Gary Lore, Building Maintenance Supervisor
Address: 13065 Orono Parkway
Elk River, MN 55330-2846
Phone: 763.635.1051
Email: glore@ElkRiverMN.gov
Furnish: To deliver to the job site or other specified location any item, equipment or material or labor.
Holidays: Legal holidays designated by the State or specifically identified as follows:
For general scheduling information, in the City of Elk River, Minnesota, holidays occur on the first
of January, commonly known as New Year's Day; the third Monday of February, known as
President's Day; the last Monday in May, known as Memorial Day; the Fourth Day of @y, known
as Independence Day; the first Monday in September, known as Labor Day; the eleventh day of
November, known as Veteran's Day; the fourth Thursday of November, known as Thanksgiving
Day; the Friday after Thanksgiving; Christmas Eve at noon and the twenty-fifth day of December,
known as Christmas Day.
When an official holiday falls on a Sunday, the following Monday shall be designated as a substitute
holiday, and observed as an official holiday. When an official holiday falls on a Saturday, the preceding
Friday shall be designated as a substitute holiday, and observed as an official holiday.
Inspect: The act of observing, checking, or verifying that materials provided or Work furnished under
this Contract comply with the general intent of the project Contract documents.
Install: Placing, erecting, or constructing complete in place any item, equipment, or material.
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Provide: Furnish and install, complete in place.
Punch List: List of incomplete items of Work and of items of Work which are not in conformance
with the Contract. The list will be prepared by the Engineer's representative when the Contractor (1)
notifies the Engineer's representative in writing that the Work has been completed in accordance with
the contract and (2) requests in writing that the Owner accept the Work.
Shall: Refers to actions by either the Contractor or the Owner and means that Contractor or Owner
has entered into a covenant with the other party to do or perform the action.
Submittals: The information that is specified for submission to the Engineer in accordance with
Division 1 of the Project Manual.
2. Additional Instructions and Detail Drawings
Replace Section 2.1 with the following:
2.1 The Owner shall furnish to the Contractor three copies of the Contract Documents.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
10. Surveys, Permits, Regulations
Add the following section to Article 10:
10.4 The Contractor shall obtain all necessary federal, state, and local permits required for any
dewatering and stormwater discharges necessary during construction. The Contractor shall also
provide all monitoring and test reporting relating to the discharges.
12. Supervision by Contractor
Add the following section to Article 12:
12.2 Contractor shall maintain a qualified and responsible person available 24 hours per day, seven
days per week to respond to emergencies which may occur after hours. Contractor shall provide to
Engineer the phone number and/or paging service of this individual.
15. Time for Completion and Liquidated Damages
Replace Section 15.3 with the following:
15.3 Owner and the Contractor recognize that the Owner will suffer financial loss if the Work is
not completed within the time specified in the Contract Documents, plus any extensions of time
granted by the Owner. They also recognize the delays, expense, and difficulties involved in proving in
a legal preceding the actual loss suffered by the Owner if the Work is not completed on time.
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Ell< River, Minnesota
Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as
liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner TWO
HUNDRED DOLLARS ($200.00) for each day that expires after the completion time specified in
Division S as may be adjusted by executed Contract Documents.
19. Payment to Contractor
Delete section 19.7 from Article 19.
Add the following sections to Article 19:
19.1.4 The Owner shall retain from each monthly payment 5% of the amount which is determined
to be due according to the recommendation of the Engineer. The retainage shall constitute a fund
for the payment of claims for materials furnished and labor performed on the project and will be held
by the Owner.
Replace Section 19.5 with the following:
19.5 State law provides that the final estimate will be made within 90 days after completion of all work
required under this contract. If, however, the total value of the Contract exceeds $2,000,000, the 90-
day requirement will not apply and the time allowed for making such final estimate shall be 180 days
after the work under this Contract has been, in all things, completed to the satisfaction of the Engineer.
Add the following sections to Article 19:
19.8 Payment shall be made to subcontractors within ten (10) day of the CONTRACTOR'S receipt of
payment from the OWNER for all undisputed services provided by the subcontractor. Contractor
shall pay subcontractor interest, at a rate of 1.5% per month, for any undisputed amounts not paid
within the above mentioned timeframe.
21. Insurance
The limits of liability for the insurance required by Section 21 of the General Conditions shall provide
coverage for not less than the following amounts or greater where required by Law and Regulations:
A. Workers' Compensation
1. State:
2. Applicable Federal
Statutory
Statutory
3. Employer's Liability $500,000 Each Occurrence
4. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and their
Subconsultants, employees, officer and directors, for Work performed under Contract.
General Conditions 00800 - 23
City Hall Reroof
Ell< River, Minnesota
5. Minimum insurance requirements are listed below:
Contractor's Liability Insurance:
Workers' Compensation: Statutory Requirements
Employer's Liability: Each accident $1,000,000
Each disease $1,000,000
General Liability: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Automobile: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Minimum total Umbrella Coverage $3,000,000
B. Comprehensive General Liability:
1. Combined Single Unit $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
a. Products/Completed Operations $500,000 Each Occurrence
500 000 Annual Aggregate
b. Personal injury $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
or
2. Bodily injury $1,000,000
Each Occurrence
2 000 000
Annual Aggregate
Property damage $1,000,000
Each Occurrence
2 000 000
Annual Aggregate
3. If policies are written on a claims -made basis, certificate should so specify and policies
continue in force for 1 year after completion of project. The retro date of the coverage must
also be listed.
4. Policies shall include premises/operations, products, completed operations, independent
contractors, owners and contractors protective, explosion, collapse, underground hazard,
broad form contractual, personal injury with employment exclusion deleted, and broad form
property damage.
General Conditions 00800 - 24
City Hall Reroof
Ell< River, Minnesota
5. The Contractor's Comprehensive General Liability Insurance policy shall be endorsed to add
the Owner as additional insured.
The Contractual Liability insurance shall be written so as to cover the Indemnification Clause.
C. Comprehensive Automobile Liability (including owned, hired, and non -owned vehicles):
1. Bodily injury $1,000,000 Each Person
1 000 000 Each Occurrence
2. Property damage: $1,000,000 Each Occurrence
or combined single limit of $2,000,000
All policies shall provide for 30 days' written notice prior to any cancellation or non -renewal of
insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the Company, its agents, or representatives"
wording will be deleted from certificates.
22. Contract Security
Add the following section to Article 22:
22.2 Bonds
The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the
Contract Price and a satisfactory Payment Bond in the amount of 100 percent of the Contract Price
as security for the faithful performance and payment of all the Contractor obligations under the
Contract Documents.
26. Subcontracting
Replace Section 26.2 with the following:
26.2 The Contractor shall perform not less than 50 percent of the Work with its own forces (i.e.,
without subcontracting). The 50 percent requirement shall be understood to refer to the Work, the
value of which totals not less than 50 percent of the Contract Price.
General Conditions 00800 - 25
City Hall Reroof
Ell< River, Minnesota
31. Taxes
Add the following section to Article 31:
31.2 The tax codes of the State of Minnesota require the Contractor to pay Sales or Use Tax on
material used in the construction. All Contractors shall prepare and require their Subcontractors to
prepare, sign and acknowledge before a Notary Public, Department of Revenue Forms listing their
respective expenditures for all materials that become an integral part of the completed project; the
purchase price, the amount of Sales or Use Tax paid, the names of the material suppliers, and all other
information required to complete said forms. All Contractors shall file with the Owner executed
copies of these forms covering all material incorporated by them or their Subcontractors. Receipt of
said executed forms by the Owner shall be a prerequisite to final payment of retained percentages of
contract price to the Contractor.
End of Section
General Conditions 00800 - 26
City Hall Reroof
Ell< River, Minnesota
Division S
S-1 PROJECT DESCRIPTION
The City of Elk River is requesting bids for the City Hall Reroof project. The work is generally
described as:
• All necessary work to replace rubber membrane roof at City Hall building (42,500 sq.
ft., bidders to verify) at 13065 Orono Parkway, Elk River, MN
S-2 Personnel
5-2.1 Owner
The Owner of the project, entitled City Hall Reroof projects, is the City of Elk River.
Correspondence should be addressed to:
Gary Lore
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
Email: glore@E1kRiverMN.gov
S-3 Project Schedule
Construction of the City Hall Reroof projects will be as follows:
• On -site reroof review at City Hall scheduled for December 14, 2022 at 2:00
PM for all potential bidders intended to discuss project details.
• Shall be completed on or before December 21, 2023.
• Once work has begun on the contract, it shall progress continuously and be
completed by the above date.
Within ten (10) days of executing the Contract, and in any case by the time of the
preconstruction conference, the Contractor shall submit a schedule for commencement and
completion of the work. This schedule shall include an anticipated partial pay estimate schedule and
shall be reviewed by the Owner. The project schedule shall be updated by the Contractor upon request
of the Owner.
S-4 Guarantee
The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of two (2) years from the date of substantial completion. The Contractor
warrants and guarantees for a period of two (2) years from the date of substantial completion of the
system, that the completed system is free from all defects due to faulty materials or workmanship, and
the Contractor shall promptly make such corrections as may be necessary by reason of such defects
General Conditions 00800 - 27
City Hall Reroof
Ell< River, Minnesota
including the repairs, adjustments, or other work that may be necessary by such defects. In the event
that the Contractor should fail to make such repairs, adjustments, or other work that may be necessary
by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The
Performance Bond shall remain in fully force and effect through the guarantee period.
S-5 Scope of Work
The specifications of Division S, together with the plans, describe in detail the work
to be completed on the project. The Contractor shall be responsible for all work and its proper
completion except as explicitly noted. All work shall be completed in accordance with the pertinent
federal, state, and local codes and ordinances. In addition to the construction, the Contractor shall
protect, maintain, repair, and restore all subsurface and overhead structures directly or indirectly
disturbed, damaged, or affected by his operation.
S-6 Codes and Standards
Reference to codes and standards established by federal, state, and local agencies, or
the professional and trade societies and associations shall be to the latest edition at the time of contract
award. When conflicting information is given, the most restrictive shall apply. Any questions of intent
will be determined by the Engineer upon written request by the Contractor.
S-7 "Or Equal" Cause
Whenever a required material or article is shown on the Plans or in the Specifications
by using the name of a product or of a particular manufacturer, it is to be understood that other
products or materials which will adequately perform the required function may be considered equal
and satisfactory in the Engineer's opinion. A comparable product shall not be purchased or installed
without the Engineer's approval. A "Contract Change Order" shall be used if the Contract is to be
modified.
S-8 Additional Costs Incurred
If the Contractor feels that additional compensation should be paid due to an event
or condition that was unknown or unforeseen at the time the contract was awarded, the Contractor
shall notify the city representative in writing of the event or conditions prior to taking any action. Any
additional compensation must be agreed upon by all parties involved including, but not limited to, the
Contractor, City, and Engineer. Any additional compensation made shall be made through the use of
a change order.
S-9 Public Safety
The Contractor shall take the necessary precautions to protect the public and
employees from injury by hazardous circumstances by providing barricades, warning signs, flashers,
and other safety aids. The costs associated with all such items shall be considered incidental to the
project.
General Conditions 00800 - 28
City Hall Reroof
Ell< River, Minnesota
S-10 Project Storage Area
The City will provide material storage at each location to the extent possible.
Documentation of insurance for materials and equipment must be provided to the city prior to storage
occurring on city property. The Contractor may choose to locate his own storage area and acquire
permission from the appropriate parties to store equipment and materials. The Contractor shall be
responsible for restoring the storage area back to its original condition.
S-11 Inspection Of Work
The City of Elk River will provide Observation of the work. City, County, or State
agencies having jurisdiction as deemed necessary by those authorities, may make additional
observation of the work.
S-12 Mobilization
Mobilization is considered incidental and should be considered in the bids of
individual items.
S-13 All Work Associated with Bidding
1. All associated work shall be accounted for within the submitted bid for the removal and
reinstallation of all associated work to replace the existing roofing system.
2. All necessary and miscellaneous carpentry work shall be included within the submitted bid.
3. Remove and dispose of all ballast material/rock.
4. Remove and replace existing 60 Mil EPDM system.
5. Remove and replace existing roofing insulation with same specification or equal.
6. Remove and replace all parapet capping with same product specification or equal.
7. Provide allowance for removing and replacing necessary roofing materials and associated
work for under all rooftop units, including associated rooftop curbs if deemed necessary by
contractor.
8. Install necessary metal cleats (per manufacturers recommendation) on existing metal roofing
9. Remove and replace 49 feet gutter at City Hall entry way and associated downspouts
10. Provide allowance for procurement and installation for 20 feet of safety railing/guardrail (if
required by building code).
11. Salvage roof walkway pads and reinstall as required or directed by Gary Lore.
12. Salvage and reinstall lighting protection equipment.
General Conditions 00800 - 29
City Hall Reroof
Elk River, Minnesota
13. Provide allowance for turf restoration around applicable areas where access is needed.
Protection of all existing ground elevation improvements is required during the project
operation by satisfactory means.
14. Materials used are Firestone or approved equal.
End of Section
General Conditions 00800 - 30
Specifications
fo r
Public Safety Reroof
City of Elk River, Minnesota
November 30, 2022
CERTIFICATION PAGE
Plans and Specifications
for
Public Safety Reroof
City of Elk River, Minnesota
November 30, 2022
Brandon Wisner Date
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1051
Fax: 763.635.1090
Public Safety Reroof
Elk River, Minnesota
TABLE OF CONTENTS
ADVERTISEMENTFORBIDS ........................................................................................................................
00100-1
INFORMATION FOR BIDDERS....................................................................................................................
00200-1
BIDFORM..............................................................................................................................................................
00400-1
BIDBOND.............................................................................................................................................................00430-1
NOTICEOF AWARD.........................................................................................................................................00510-1
AGREEMENT.......................................................................................................................................................
00520-1
NOTICETO PROCEED....................................................................................................................................00550-1
PERFORMANCEBOND...................................................................................................................................00610-1
PAYMENTBOND...............................................................................................................................................00615-1
CONTRACTCHANGE ORDER.....................................................................................................................00671-1
INTERNAL REVENUE FORM IC-134..........................................................................................................
00672-1
CERTIFICATE OF SUBSTANTIAL COMPLETION...............................................................................00673-1
CONTRACTOR'S AFFIDAVIT........................................................................................................................
00674-1
GENERALCONDITIONS................................................................................................................................00700-1
SUPPLEMENT TO GENERAI. CONDITIONS..........................................................................................
00800-1
TECHNICAL SPECIFICATIONS
Division S.............
PLAN DRAWINGS
Public Safety Building Plans
......................................................................... S-1
Advertisement for Bids 00100- 3
SECTION 00100
Advertisement for Bids
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Public Safety Reroof
Elk River, Minnesota
The City of Elk River is requesting bids for the Public Safety Reroof project. The work is generally
described as:
• All necessary work to replace rubber membrane roof at Public Safety building
(30,000 sq. ft., bidders to verify) at 13065 Orono Parkway, Elk River, MN
Bids will be accepted electronically only until 2:OOPM CST on Monday, January 9, 2023,
at which time they will be opened and read aloud. The bid opening can only be viewed remotely
through the following link:
https://teams.microsoft.com/I/meetup-
join/19%3ameeting_ZjZmZTU2ZDctOTJkZC00NTEzLThmNjMtMzBkMjdlZDkzNzFj%40thre
ad.v2/0?context=%7b%22Tid%22%3a%22ccbac042-Off9-4c68-9d00-
1 cbOf4370c88%22%2c%22Oid%22%3a%221 a9a571 a-cd78-4fc4-be5d-
c9174ba99cb8%22%7d
Complete digital contract bidding documents will be available at www.QuestCDN.com
project number 8349008.
End of Section
Advertisement for Bids 00100- 4
Public Safety Reroof
Elk River, Minnesota
SECTION 00200
Instructions to Bidders
BIDS will be received by City of Elk River (herein called the OWNER), at City Hall,
13065 Orono Parkway, Elk River, MN 55330 until 2:00 p.m. local time, on Monday, January 9,
2023, and then at said office publicly opened and read aloud.
All BIDS must be made on the required BID form. All blank spaces for BID prices must be
filled in, in ink or typewritten, and the BID form must be fully completed and executed when
submitted. Only one copy of the BID form is required. No faxed bids will be accepted.
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
postponed thereof. Any BID received after the time and date specified shall not be considered. No
BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. 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 a 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
them from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID bond payable to the OWNER for five percent of
the total amount of the BID. As soon as the BID prices have been compared, the OWNER will
return the BONDS of all except the three 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 may be used in lieu of
a BID BOND.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the
faithful performance of the contract.
Instructions to Bidders 00200 - 1
Public Safety Reroof
Ell< River, Minnesota
Attorneys -in -fact who signs 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
accomplished by the necessary Agreement and BOND forms. In case of failure of the BIDDER to
execute the Agreement, the OWNER may at their option consider the BIDDER in default, in which
case the BID BOND accompanying the proposal shall become the property of the OWNER.
The OWNERS 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 by WRITTEN NOTICE
withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the
notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the
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 investigation as they deem 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.
A conditional or qualified BID will not be accepted. The award will be made to the lowest
responsible BIDDER. The Owner reserves the right to reduce the quantities of the project after the
BID and before AWARD of the contract to meet budget. Such adjustments will be made by reducing
the quantities at the BID prices.
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.
Any BIDDER or subcontractor to a BIDDER that does not meet the minimum criteria
established for a "responsible contractor" as defined in Minn. Stat. �16C.285, subd. 3, or fails to verify
that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a contract
for the PROJECT or to perform work on the PROJECT.
Instructions to Bidders 00200 - 2
Public Safety Reroof
Ell< River, Minnesota
Responding BIDDERS shall submit to the OWNER, on the form attached, a signed
statement under oath by an owner or officer verifying compliance with each of the minimum criteria
in Minn. Stat. �16C.285, subd. 3, at the time that it responds to this solicitation document.
Each BIDDER shall submit to the OWNER, upon request, copies of the signed verifications
of compliance from all of the bidder's subcontractors.
A false statement under oath verifying compliance with any of the minimum criteria shall make
the BIDDER or subcontractor that makes the false statement ineligible to be awarded a contract and
may result in termination of a contract awarded to a BIDDER or subcontractor that submits a false
statement.
Each BIDDER is responsible for inspecting the site and for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of the BIDDER to do
any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to the BID.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS and
SUBCONTRACTORS when requested to do so by the OWNER.
End of Section
Instructions to Bidders 00200 - 3
Public Safety Reroof
Elk River, Minnesota
SECTION 00400
Bid Form
Contract Identification: PUBLIC SAFETY REROOF
City of Elk River
This Bid Is Submitted To: City of Elk River, 13065 Orono Parkway, Elk River, MN 55330
The proposal of
(hereinafter called BIDDER), organized and existing under the laws of the State of Minnesota doing
business as *, to the City of Elk River (hereinafter called
'OWNER').
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
WORK for the construction of Public Safety Reroof in strict accordance with the CONTRACT
DOCUMENTS, within the time set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party
thereto certifies as their 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.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be
specified in the contract special provisions. BIDDER further agrees to pay as liquidated damages, the
sum of $600 for each consecutive calendar day thereafter as provided in Section 15 of the General
Conditions.
Name:
BIDDER acknowledges receipt of the following ADDENDUM:
Addendum No. Addendum Date
Name of person representing BIDDER who inspected site of proposed work:
Date of Inspection:
Bid Form 00400 - 3
Public Safety Reroof
Elk River, Minnesota
* Insert "a corporation," "a partnership," or "an individual' as applicable.
BID SCHEDULE
PUBLIC SAFETY REROOF
CITY OF ELK RIVER, M INNESOTA
BIDDER agrees to Perform all work described in the CONTRACT DOCUMENTS forthe following.
NOTE: BIDS shall include sales tax and a I I applicable taxes and fees.
ITEM NO. ITEM U0fM Quantity
1 60MM REINFORCED RUBBER
Sq Ft
30000
2 REMOVE AND REPLACE FAILING ROOF INSULATION
Sq Ft
3500
3 SALVAGE AND REINSTALL ROOF WALKWAY PADS
LS
1
4 SALVAGE AND REINSTALL LIGHTING PROTECTION' EQUIPMENT
LS
1
5 TURF ESTABLISHMENT
Sq Yd
200
'USE ELECTRONIC BID WORKSHEET T(-) SL-BIIT BIDS
Respectively Submitted:
Signature
Tide
License Number
(Seal — If bid is by a Corporation)
Attest
Company
Address
Date
Phone/Fax
Fax
Bid Form 00400 - 3
Public Safety Reroof
Elk River, Minnesota
Bid Form 00400 - 3
Public Safety Reroof
Ell< River, Minnesota
Bidder's Verification of Compliance
The undersigned, being first duly sworn, as Bidder on the Project, represents and swears as
follows:
Now, and at all times during the duration of the Project, the undersigned complies
with each of the minimum criteria in Minn. Stat. � 16C.285, subd. 3, the Responsible
Contractor statute.
The undersigned understands that a failure to meet or verify compliance with the
minimum criteria established for a "responsible contractor" as defined in Minn. Stat.
16C.285, subd. 3 renders a bidder ineligible to be awarded a construction contract for the
Project or to perform work on the Project.
Upon request, the undersigned will submit copies of the signed verifications of
compliance from all subcontractors.
The undersigned understands that a false statement under oath verifying compliance
with any of the minimum criteria shall make the undersigned or its subcontractor that makes
the false statement ineligible to be awarded a construction project and may result in
termination of a contract awarded to a the undersigned or its subcontractor that submits a
false statement.
Bidder:
By:
Its:
End of Section
Bid Form 00400 - 3
Public Safety Reroof
Elk River, Minnesota
SECTION 00430
Bid Bond
Bidder (Name and Address):
Surety (Name and Address of Principal Place of Business):
Owner (Name and Address):
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Bid
Bid Due Date: Monday, January 9, 2023
Project: Public Safety Reroof
Bond
Bond Number:
Date:
Penal Sum:
(Words)
(Figures)
KNOW ALL MEN BY THESE PRESENTS, which we, the undersigned,
as Principal,
as Surety, are hereby held and firmly bound unto City of Elk River as OWNER in the penal sum of
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this day of 2022. The Condition of the above
obligation is such that whereas the Principal has submitted to the City of Elk River a certain BID,
attached hereto and hereby made a part to enter into a contract in writing, for the Public Safety
Reroof.
NOW THEREFORE,
BID BOND 00430 - 1
Public Safety Reroof
Elk River, Minnesota
a) If said BID shall be rejected, or
b) If said BID shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said
BID) and shall furnish a BOND for his faithful performance of said contract, and for
the payment of all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement created by the
acceptance of said BID, then this obligation shall be void, otherwise the same shall
remain in force and effect; it being expressly understood and agreed that the liability
of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these
presents to be signed by their proper officers, the day and year first set forth above.
Principal
Surety
M.
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners
should execute Bond.
Important: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
End of Section
BID BOND 00430 - 2
Public Safety Reroof
Elk River, Minnesota
SECTION 00510
Notice of Award
[Certified Mail — Return Receipt Requested] Date:
To:
Contract: Public Safety Reroof
OWNER's Contract No.
You are notified that your Bid dated January 9, 2023, for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the
Public Safety Reroof Project.
The Contract Price of your Contract is
Three copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available
to you immediately.
You must comply with the following conditions precedent within 15 days of the date you receive
this Notice of Award.
1. Deliver to the OWNER three fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract Security (Bonds) as specified
in the Instructions to Bidders and General Conditions (paragraph 22) and Supplemental
Conditions (paragraph SC-22).
(List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider
your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one
fully executed counterpart of the Contract Documents.
Notice of Award 00510 - 1
Public Safety Reroof
Elk River, Minnesota
City of Elk River
(OWNER)
Gary Lore, Building Maintenance Supervisor
End of Section
Notice of Award 00510 - 2
Public Safety Reroof
Elk River, Minnesota
SECTION 00520
Agreement
THIS AGREEMENT, made this day of , 2023, by and between the City of Elk
River (hereinafter called OWNER) and (hereinafter called CONTRACTOR).
WITNESSETH: That for and in consideration of the payment and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction of the Public Safety
Reroof Project.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor and
other services necessary for the construction and completion of the PROJECT described herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will
complete as specified in the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of
5. The Term "CONTRACT DOCUMENTS" means and includes the following:
(A)
Advertisement for BIDS
(B)
Information for BIDDERS
(C)
BID FORM
(D)
BID BOND
(E)
Agreement
(F)
General Conditions
(G)
Performance BOND
(H)
Payment BOND
(I)
NOTICE OF AWARD
U)
NOTICE TO PROCEED
(K)
CHANGE ORDER
(NI)
PLANS
Agreement 00520 - 1
Public Safety Reroof
Elk River, Minnesota
(l) ADDENDA:
Addendum No. Addendum Date
6. The OWNER will pay to the CONTRACTOR in the manner and at such times set forth
in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto
have executed, or caused to be executed by their duly authorized officials, this Agreement in triplicate,
each of which shall be deemed an original on the date first above written.
8. This contract may be terminated by the OWNER at any time upon discovery by the
OWNER that the prime contractor or subcontractor has submitted a false statement under oath
verifying compliance with any of the minimum criteria set forth in Minn. Stat. � 16C.285, subd. 3
Agreement 00520 - 2
(SEAL)
Attest:
Name
(Please Type)
Title
(SEAL)
Attest:
OWNER
City of Elk River
i
City Clerk
CONTRACTOR
By:
Name
(Please Type)
Address:
Telephone:
Public Safety Reroof
Elk River, Minnesota
(Please Type)
Agreement 00520 - 3
Name
(Please Type)
Title
End of Section
Public Safety Reroof
Elk River, Minnesota
Agreement 00520 - 4
SECTION 00550
Notice to Proceed
To:
Date:
Public Safety Reroof
Elk River, Minnesota
Contract: Public Safety Reroof Project
Owner's Contract No.
You are notified that the Contract Times under the above contract will commence to run on
, 2023. By that date, you are to start performing
your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the
dates of Substantial Completion are , and the date of readiness for
final payment is
Before BIDDER may start any Work at the Site, they must comply with paragraph 21 of the
General Conditions, which require you to deliver to the Owner, with copies to Engineer, Certificates of
Insurance, which each is required to purchase and maintain in accordance with the Contract Documents.
City of Elk River
(OWNER)
Gary Lore, Building Maintenance Supervisor
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
Title
this the day of 12023.
End of Section
SECTION 00610
Performance Bond
Notice to Proceed 00550 - 1
Public Safety Reroof
Ell< River, Minnesota
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS; That
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, in the aggregate penal sum of
in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the day of _ , 2023, a copy of which is hereto attached
and made a part hereof, for the construction of Public Safety Reroof Project, generally described as
follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW THEREFORE, if Contractor well, truly and faithfully performs its duties, all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original terms thereof, and
any extensions thereof which may be granted by Owner, with or without notice to Surety, and during
the Two (2) year(s) guarantee and maintenance period, and if it satisfies all claims and demands
incurred under such contract, and fully indemnifies and saves harmless the Owner from all costs and
damages which Owner may suffer by reason of its failure to do so, and it reimburses and repays Owner
all outlay and expense which Owner may incur in making good any default, then this obligation shall
be void; otherwise to remain in full force and effect.
Performance Bond 00610 - 2
Public Safety Reroof
Elk River, Minnesota
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to
the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor and
Surety to the full and faithful performance of the Contract as so amended. The term "Amendment,"
wherever used in this Bond, and whether referring to this Bond, the Contract, or the Loan Documents
shall include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between Owner and Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Performance Bond 00610 - 3
Public Safety Reroof
Elk River, Minnesota
IN WITNESS WHEREOF, this instrument is executed in three counterparts, each one of which shall be
deemed an original, this day of 12023.
SURETY:
IN
ATTEST:
[SEAL]
Attorney -in -Fact
(Address)
(Surety)
CONTRACTOR AS PRINCIPAL:
(Address)
ATTEST:
(Contractor as Principal)
[SEAL]
(Witness as to Surety) (Witness as to Contractor as Principal)
(Address)
(Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership, all partners
should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current
list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
End of Section
Performance Bond 00610 - 4
Public Safety Reroof
Ell< River, Minnesota
SECTION 00615
Payment Bond
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS; That
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, and unto all persons, firms and corporations who or which may furnish
labor or materials, as defined in Minnesota Statute 574, to perform as described under the contract
and to their successors and assigns in the total aggregate penal sum of
in lawful money of the United States, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the day of , 2023, a copy of which is hereto attached and
made a part hereof, for the construction of Public Safety Reroof Project, generally described as
follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW, THEREFORE, if the Contractor promptly makes payment to all persons, firms,
Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of
the Work provided for in such contract and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
Payment Bond 00615 - 1
Public Safety Reroof
Ell< River, Minnesota
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms and corporations having a direct contract with the principal or its subcontractors.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the contract or to the Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a)
Unless the claimant, other than one having a direct contract with the Contractor, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety above named
within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the work or
labor was done or performed. Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner, or Surety, at any
place where an office is regularly maintained for the transaction of business, or served in any manner
in which legal process may be served in the state in which the aforesaid project is located, save that
such service need not be made by a public officer. (b) After the expiration of two (2) years following
the date of which Contractor ceased work on said Contract, it being understood, however, that if any
limitation embodied in the Bond is prohibited by any law controlling the construction hereof, such
limitation shall be deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment to
the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor and
Surety to the full and faithful performance of the Contract as so amended. The term "Amendment",
wherever used in this Bond, and whether referring to this Bond, the Contract or the Loan Documents
shall include any alteration, addition, extension, or modification of any character whatsoever.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Payment Bond 00615 - 2
Public Safety Reroof
Elk River, Minnesota
IN WITNESS WHEREOF, this instrument is executed in two or more counterparts, each
one of which shall be deemed an original, this day of 52023.
SURETY:
By
Attorney -in -Fact
(Address)
ATTEST:
(Surety)
[SEAL]
(Witness as to Surety)
(Address)
LM
CONTRACTOR AS PRINCIPAL:
(Address)
ATTEST:
(Contractor as Principal)
[SEAL]
(Witness as to Contractor as Principal)
(Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
Payment Bond 00615 - 3
Public Safety Reroof
Elk River, Minnesota
End of Section
Payment Bond 00615 - 4
Public Safety Reroof
Elk River, Minnesota
SECTION 00671
Change
Order
Instruction on reverse side
No.
PROJECT: Public Safety
DATE OF ISSUANCE:
Reroof Project
OWNER: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
CONTRACTOR:
CONTRACT FOR: Public Safety
Reroof Project
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments (List documents supporting change):
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACT TIME:
Original Contract Price
Original Contract Time
$
Substantial Completion:
Final Completion:
Previous Change Orders No. to No.
Net change from previous Change Orders
$
Days
Contract Price prior to this Change Order
Contract Time prior to this Change Order
Substantial Completion:
$
Final Completion:
Net Increase (Decrease) of this Change Order
Net Increase (Decrease) of this Change Order
days for Substantial Completion
$ .00
days for Final Completion
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
Substantial Completion:
$
Final Completion:
RECOMMENDED: APPROVED:
APPROVED:
By By
By
City Engineer City of Elk River
Change Order 00671 - 1
EJCDC No. 1910-8-B (1996 Edition)
Change Order
Instructions
A. General Information
Public Safety Reroof
Ell< River, Minnesota
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change must
be incorporated into a subsequent Change Order if they Affect Price of Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order.
The practice of accumulating change order items to reduce the administrative burden may lead to
unnecessary disputes.
For supplemental instructions and minor changes not involving a Change in the Contract Price or
Contract Time, a Field Order may be used.
B. Completing the Change Order Form
Engineer initiates the form, including a description of the changes involved and attachments based
upon documents and proposals submitted by Contractor, or requests from Owner, or Both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for
approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer
should make distribution of executed copies after approval by Owner.
If a change only applies to price or to the time, cross out the part of the tabulation that does not apply.
Change Order 00671 - 2
Public Safety Reroof
Elk River, Minnesota
SECTION 00672
Withholding Affidavit for Contractors
(FORM IC-134)
The following Withholding Affidavit for Contractors form JC-134), or the most current edition
thereof, must be competed for each subcontractor and submitted to the Engineer before final payment
can be made.
Withholding Affidavit for Contractors 00672- 1
Public Safety Reroof
Elk River, Minnesota
SECTION 00673
Certificate of Substantial Completion
DATE OF ISSUANCE
OWNER City of Elk River
CONTRACTOR
Contract: Public Safety Reroof Project
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof -
To the City of Elk River
(OWNER)
And To
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents on
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative list
shall be completed or corrected by CONTRACTOR no later than
00673 - 1
Public Safety Reroof
Elk River, Minnesota
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance
with the Contract Documents.
Executed by OWNER on
2023
Date
By: , 2023
(Authorized Signature)
CON' RACTOR accepts this Certificate of Substantial Completion on 2023
LN
Date
CONTRACTOR
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on
Date
City of Elk River
OWNER
(Authorized Signature)
End of Section
00673 - 2
SECTION 00674
Contractor's Affidavit
State of Minnesota
The County of
The City of
Date:
Public Safety Reroof
Ell< River, Minnesota
of has
furnished all labor and material entering into the Public Safety Reroof project for the City of Elk
River (Owner).
, of
states further that Contractor has full knowledge of all obligations for
such labor and materials which have entered into and become part of that certain project known and
designated above, and Contractor further disposes and says that all debts and other obligations for
such labor and materials have been fully and completely paid for in good and lawful money of the
United States of American and that there are no suits for damages against them proceeding,
prospective or otherwise, in consequence of their operations on the above said project.
The said will hold the Owners, the City of Elk River, blameless of any and all
Mechanic's Liens that may be hereafter entered or filed for record, so as to constitute charge against
said premises for work or labor done or materials furnished by them.
IN WITNESS WHEREOF, Contractor has heretofore put their hand and seal.
SEAL
Contractor's Authorized Agent
I, , Notary Public in and for the above named County and State
do hereby certify that personally known to me to be the affiant in
the foregoing affidavit, personally appeared before me this day, and, having been duly sworn, deposes
and say that the facts set forth in the above affidavit are true and correct.
WITNESS my hand and seal this day of 52023.
my commission expires
End of Section
General Conditions 00700 - 3
Public Safety Reroof
Ell< River, Minnesota
SECTION 00700
General Conditions
1.
Definitions
17.
Subsurface Conditions
2.
Additional Instructions and Detail
18.
Suspension of Work, Termination, and
Drawings
Delay
3.
Schedules, Reports, and Records
19.
Payments to Contractor
4.
Drawings and Specifications
20.
Acceptance of Final Payment as
5.
Shop Drawings
Release
6.
Materials, Services and Facilities
21.
Insurance
7.
Inspection and Testing
22.
Contract Security
8.
Substitutions
23.
Assignments
9.
Patents
24.
Indemnification
10.
Surveys, Permits, Regulations
25.
Separate Contracts
11.
Protection of Work, Property, Persons
26.
Subcontracting
12.
Supervision by Contractor
27.
Engineer's Authority
13.
Changes in the Work
28.
Land and Rights -Of -Way
14.
Changes in Contract Price
29.
Guarantee
15.
Time for Completion and Liquidated
30.
Arbitration
Damages
31.
Taxes
16.
Correction of Work
1. Definitions
1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated,
and shall be applicable to both the singular and plural thereof-
1.2 Addenda - Written or graphic instruments issued prior to the execution of the Agreement which
modify and interpret the Contract Documents, Drawings, and Specifications, by additions, deletions,
clarifications, or corrections.
1.3 Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the
prices for the work to be performed.
1.4 Bidder - Any person, firm or corporation submitting a Bid for the work.
1.5 Bonds - Bid, Performance and Payment Bonds and other instruments of surety, furnished by the
Contractor and the Contractor's surety in accordance with the Contract Documents.
1.6 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision
in the work within the general scope of the Contract Documents, or authorizing an adjustment in the
contract price or contract time.
General Conditions 00700 - 4
Public Safety Reroof
Ell< River, Minnesota
1.7 Contract Documents - The Contract, including Advertisement for Bids, Information for Bidders,
Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed,
Change Order, Drawings, Specifications, and Addenda.
1.8 Contract Price - The total monies payable to the Contractor under the terms and conditions of
the Contract Documents.
1.9 Contract Time - The number of calendar days stated in the Contract Documents for the
completion of the work.
1.10 Contractor - The person, firm, or corporation with whom the Owner has executed the
Agreement.
1.11 Drawings - The parts of the Contract Documents which show the characteristics and scope of
the work to be performed and which have been prepared or approved by the Engineer. May also be
designated as "PLANS".
1.12 Engineer— (Section Omitted)
1.13 Field Order -A written order effecting 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.
1.14 Notice of Award - The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
1.15 Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing
him/her to proceed with the work and establishing the date for commencement of the work.
1.16 Owner -A public or quasi -public body or authority, corporation, association, partnership, or an
individual for whom the work is to be performed.
1.17 Project - The undertaking to be performed as provided in the Contract Documents.
1.18 Resident Project Representative -The authorized representative of the Owner who is assigned
to the project site or any part thereof.
1.19 Shop Drawings - All drawings, diagrams, illustration, brochures, schedules, and other data which
are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate
how specific portions of the work shall be fabricated or installed.
1.20 Specifications - A part of the Contract Documents consisting of written descriptions of a
technical nature of materials, equipment, construction systems, standards, and workmanship.
General Conditions 00800 - 2
Public Safety Reroof
Ell< River, Minnesota
1.21 Subcontractor - An individual, firm, or corporation having a direct contract with Contractor or
with any other subcontractor for the performance of a part of the work at the site.
1.22 Substantial Completion - That date certified by the Engineer when the construction of the
Project or a specified part thereof is sufficiently completed, in accordance with the Contract
Documents, so that the Project or specified part can be utilized for the purposes for which it is
intended.
1.23 Supplemental General Conditions - Modifications and/or additions to the General Conditions
or such requirements that may be imposed by applicable state laws.
1.24 Supplier - Any person or organization who supplies materials or equipment for the work,
including the fabricated special design, but who does not perform labor at the site.
1.25 Work - All labor necessary to produce the construction required by the Contract Documents,
and all materials and equipment incorporated or to be incorporated in the Project.
1.26 Written Notice - Any notice to any party of the Agreement relative to any part of this Agreement
in writing and considered delivered and the service thereof completed, when posted by certified or
registered mail to the said party at their last given address, or delivered in person to said party or their
authorized representative on the work.
2. Additional Instructions and Detail Drawings
2.1 The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2.2 The additional drawings and instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions.
3. Schedules, Reports and Records
3.1 The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data where applicable, as are required by the
Contract Documents for the work to be performed.
3.2 Prior to the first partial payment estimate, the Contractor shall submit construction progress
schedules showing the order in which the Contractor proposes to carry on the work, including dates
at which the various parts of the work will be started, estimated date of completion of each part, and,
as applicable:
3.2.1 The dates at which special detail drawings will be required; and
General Conditions 00800 - 3
Public Safety Reroof
Ell< River, Minnesota
3.2.2 Respective dates for submission of shop drawings, the beginning of manufacture, the testing
and the installation of materials, supplies, and equipment (if applicable).
3.3 The Contractor shall also submit a schedule of payments that the Contractor anticipates will be
earned during the course of the work.
4. Drawings and Specifications (if applicable)
4.1 The intent of the drawings and specifications is that the Contractor shall furnish all labor,
materials, tools, equipment, and transportation necessary for the proper execution of the work in
accordance with the Contract Documents and all incidental work necessary to complete the Project
in an acceptable manner, ready for use, occupancy or operation by the Owner.
4.2 In case of conflict between the drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
4.3 Any discrepancies found between the drawings and specifications and site conditions or any
inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the
Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work
done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be
done at the Contractor's risk.
5. Shop Drawings (if applicable)
5.1 The Contractor shall provide shop drawings as may be necessary for the prosecution of the work
as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The
Engineer's approval of any shop drawing shall not release the Contractor from responsibility for
deviations from the Contract Documents. The approval of any shop drawing which substantially
deviates from the Contract Documents shall be evidenced by a Change Order.
5.2 When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification
that he has reviewed, checked and approved the shop drawings, and that they are in conformance with
the requirements of the Contract Documents.
5.3 Portions of the work requiring a shop drawing or sample submission shall not begin until the
shop drawing or submission has been approved by the Engineer. A copy of each approved shop
drawing and each approved sample shall be kept in good order by the Contractor at the site and shall
be available to the Engineer. A copy of the approved shop drawings shall be provided to the Owner.
6. Materials, Services, and Facilities
6.1 It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power,
transportation, supervision, temporary construction of any nature, and all other services and facilities
General Conditions 00800 - 4
Public Safety Reroof
Ell< River, Minnesota
of any nature whatsoever necessary to execute, complete, and deliver the work within the specified
time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as
to facilitate prompt inspection.
6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned as directed by the manufacturer.
6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the
Contractor and approved by the Engineer.
6.5 Materials, supplies, or equipment to be incorporated into the work shall not be purchased by the
Contractor or subcontractor subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller.
7. Inspection and Testing (if applicable)
7.1 All materials and equipment used in the construction of the Project shall be subject to adequate
inspection and testing in accordance with generally accepted standards, as required and defined in the
Contract Documents.
7.2 The Owner shall provide all inspection and testing services not required by the Contract
Documents.
7.3 The Contractor shall provide at the Contractor's expense, the testing and inspection services
required by the Contract Documents.
7.4 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. The Contractor
will then furnish the Engineer the required certificates, testing, or approval.
7.5 Inspections, tests, or approvals by the Engineer or others shall not relieve the Contractor from
the obligations to perform the work in accordance with the requirements of the Contract Documents.
7.6 The Owner, Engineer and the Engineer's representatives will at all times have access to the work.
In addition, authorized representatives and agents of any participating federal or state agency shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other
relevant data and records. The Contractor will provide proper facilities for such access and
observation of the work and also for any inspection or testing thereof.
General Conditions 00800 - 5
Public Safety Reroof
Ell< River, Minnesota
7.7 If any work is covered contrary to the written instructions of the Engineer, it must, if requested
by the Engineer, be uncovered for the Engineer's observation and replaced at the Contractor's
expense.
7.8 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, materials, tools, and equipment. If it is found that such work is
defective, the Contractor will bear all expenses of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction; if, however, such work is not found to be defective, the
Contractor will be allowed an increase in the contract price or an extension of the contract time, or
both, directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction and an appropriate Change Order shall be issued.
8. Substitutions
8.1 Whenever a material, article, or piece of equipment is identified on the drawings or specifications
by reference to brand name or catalogue numbers, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and functions shall be considered. The Contractor may recommend the
substitution of a material, article, or piece of equipment of equal substance and function for those
referred to in the Contract Documents by reference to brand name or catalogue number, and if, in
the opinion of the Engineer and Owner, such material, article, or piece of equipment is of equal
substance and function to the specified, the Engineer may approve its substitution and use by the
Contractor. Any cost differential shall be deductible from the contract price and the Contract
Documents shall be appropriately modified by Change Order. The Contractor warrants that if
substitutes are approved, no major changes in the function or general design of the project will result.
Incidental changes or extra component parts required to accommodate the substitute will be made by
the Contractor without a change in the contract price or contract time.
9. Patents
9.1 The Contractor shall pay all applicable royalties and license fees, and shall defend all suits or claims
for infringement of any patent rights and save the Owner harmless from loss on account thereof,
except that the Owner shall be responsible for such loss unless the Contractor promptly gives such
information to the Engineer.
10. Surveys, Permits, Regulations
10.1 The Owner shall furnish all boundary surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of bench marks adjacent to the work
as shown in the Contract Documents.
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10.2 The Contractor shall carefully preserve bench marks, reference points and stakes, and, in case of
willful or careless destruction, shall be charged with the resulting expense and shall be responsible for
any mistake that may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise stated in the Supplemental General
Conditions. Permits, licenses, and easements for permanent structures or permanent changes in
existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The
Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on
the conduct of the work as drawn and specified. If the Contractor observes that the Contract
Documents are at variance therewith, the Contractor shall promptly notify the Engineer in writing,
and any necessary changes shall be adjusted as provided in Section 13, Changes In The Work.
11. Protection of Work, Property, and Persons
11.1 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 all employees on the work and other persons who may be affected thereby, all the work and
all materials or equipment to be incorporated therein, whether in storage on or off the site, and other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal, relocation, or replacement in the course of
construction.
11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of
any public body having jurisdiction. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protection. The
Contractor will notify owners of adjacent utilities when prosecution of the work may affect them. The
Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole
or part, by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them
or anyone of whose acts any of them be liable, except damage or loss attributable to the fault of the
Contract Documents or to the acts or omissions of the Owner, of the Engineer, or anyone employed
by either of them or anyone for whose acts either of them may be liable, and not attributable, directly
or indirectly, in whole or in part, to the fault or negligence of the Contractor.
11.3 In emergencies affecting the safety of persons or the work or property at the site or adjacent
thereto, the Contractor, without special instructions or authorization from the Engineer or Owner,
shall act 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.
11.4 In order to protect the lives and health of its employees under the Contract, the Contractor shall
comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued
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by the Associated General Contractors of America, Inc., and shall maintain an accurate record of all
cases of death, occupational disease, and injury requiring medical attention or causing loss of time
from work, arising out of and in the course of employment of work under the Contract.
11.5 The Contractor alone shall be responsible for the safety, efficiency, and adequacy of its plant,
appliances, and methods, and for any damage which may result from their failure of their improper
construction, maintenance, or operation.
12. Supervision by Contractor
12.1 The Contractor shall supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in
writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full
authority to act on behalf of the Contractor and all communications given to the supervisor shall be
as binding as if given to the Contractor. The supervisor shall be present on the site at all times as
required to perform adequate supervision and coordination of the work.
13. Changes in the Work
13.1 The Owner may at any time, as the need arises, order changes within the scope of the work
without invalidating the Agreement. If such changes increase or decrease the amount due under the
Contract Documents, or the time required for performance of the work, an equitable adjustment shall
be authorized by Change Order.
13.2 The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the
work. The Contractor shall proceed with the performance of any changes in the work so ordered by
the Engineer unless the Contractor believes that such field order entitles the Contractor to a change
in contract price or time, or both, in which event the Contractor shall give the Engineer written notice
thereof within seven (7) days after the receipt of the ordered change. Thereafter, the Contractor shall
document the basis for the change in contract price or time within thirty (30) days. The Contractor
shall not execute such changes pending the receipt of an executed Change Order or further instruction
from the Owner.
14. Changes in Contract Price
14.1 The contract price may be changed only by a Change Order. The value of any work covered by
a Change Order or of any claim for increase or decrease in the contract price shall be determined by
one or more of the following methods in the order of precedence listed below:
a) Unit prices previously approved
b) An agreed lump sum
14.2 The contract Change Order will include extra work, work for which quantities have been altered
from those shown in the bidding schedule, as well as decreases or increases in the quantities of installed
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units which are different than those shown in the bidding schedule because of final measurements.
All changes should be recorded on a Change Order as they occur so that they may be included in the
partial payment estimate.
15. Time for Completion and Liquidated Damages
15.1 The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents, and the work embraced shall be commenced on the date specified in the Notice
to Proceed.
15.2 The Contractor will proceed with the work at such rate of progress to insure full completion
within the contract time. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the contract time for the completion of the work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the work.
15.3 If the Contractor shall fail to complete the work within the contract time, or extension of time
granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages
as specified in the Bid for each calendar day that the Contractor shall be in default after the time
stipulated in the Contract Documents.
15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay
in completion of the work is due to the following, and the Contractor has promptly given written
notice of such delay to the Owner or Engineer.
15.4.1 To any preference, priority or allocation order duly issued by the Owner.
15.4.2 To unforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, or of the public enemy, acts of the Owner,
acts of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather.
15.4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 15.4.1
and 15.4.2 of this article.
16. Correction of Work
16.1 The Contractor shall promptly remove from the premises all work rejected by the Engineer for
failure to comply with the Contract Documents whether incorporated in the construction or not, and
the Contractor shall promptly replace and re -execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work
of other Contractors destroyed or damaged by such removal or replacement.
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16.2 All removal and replacement work shall be done at the Contractor's expense. If the Contractor
does not take action to remove such rejected work within ten (10) days after receipt of written notice,
the Owner may remove such work and store the materials at the expense of the Contractor.
. . . . . ... . . . ... .
"I'll
MEMNON
18. Suspension of Work, Termination, and Delay
18.1 The Owner may suspend the work or any portion thereof for a period of not more than ninety
(90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor
and the Engineer which shall fix the date on which work shall be resumed. The Contractor will resume
that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an
extension of the contract time, or both, directly attributable to any suspension.
18.2 If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the Contractor or for any of its
property, or if Contractor files a petition to take advantage of any debtor's act, or to reorganize under
the bankruptcy or applicable laws, or repeatedly fails to supply sufficient skilled workers or suitable
materials or equipment, or repeatedly fails to make prompt payments to subcontractors or for labor,
materials or equipment, or disregards laws, ordinances, rules, regulations or orders of any public body
having jurisdiction of the work, or disregards the authority of the Engineer, or 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 its surety a minimum of ten (10) days from delivery of a
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 the Owner may deem expedient. In such case, the Contractor
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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 in a Change Order.
18.3 Where the Contractor's services have been so terminated by the Owner, said termination shall
not affect any right of the Owner against the Contractor then existing or which may thereafter accrue.
Any retention or payment of monies by the Owner due the Contractor will not release the Contractor
from compliance with the Contract Documents.
18.4 After ten (10) days from delivery of a 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 Contract. In such case, the Contractor shall be paid for all work executed
and any expense sustained plus reasonable profit.
18.5 If, through no act or fault of the Contractor, the work is suspended for a period of more than
ninety (90) days by the Owner, or under an order of court or other public authority, or the Engineer
fails to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails
to pay the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within
thirty (30) days of its approval and presentation, then the Contractor may, after (10) days from delivery
of a written notice to the Owner and the Engineer terminate the Contract and recover from the Owner
payment for all work executed and all expenses sustained. In addition and in lieu of terminating the
Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make
any payment as aforesaid, the Contractor may upon ten (10) days written notice to the Owner and the
Engineer stop the work until paid all amounts then due, in which event and upon resumption of the
work, Change Orders shall be issued for adjusting the contract price or extending the contract time
or both to compensate for the costs and delays attributable to the stoppage of the work.
18.6 If the performance of all or any portion of the work is suspended, delayed, or interrupted as a
result of a failure of the Owner or Engineer to act within the time specified in the Contract
Documents, or if no time is specified, within a reasonable time, an adjustment in the contract price or
an extension of the contract time, or both, shall be made by Change Orders to compensate the
Contractor for the costs and delays necessarily caused by the failure of the Owner or Engineer.
19. Payment to Contractor
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a
month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed
by the Contractor covering the work performed during the period covered by the partial payment
estimate and supported by such data as the Engineer may reasonably require. If payment is requested
on the basis of materials and equipment not incorporated in the work but delivered and suitably stored
at or near the site, the partial payment estimate shall also be accompanied by such supporting data,
satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect
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the Owner's interest therein, including applicable insurance. The Engineer will, within ten (10) days
after receipt of each partial payment estimate, either indicate in writing approval of payment, and
present the partial payment estimate to the Owner, or return the partial payment estimate to the
Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the
Contractor may make the necessary corrections and resubmit the partial payment estimate. The
Owner will, within ten (10) days of presentation of an approved partial payment estimate, pay the
Contractor a progress payment on the basis of the approved partial payment estimate less the
retainage. The retainage shall be an amount equal to 5% of said estimate. At any time when the
progress of the work is not satisfactory, additional amounts may be retained. Upon substantial
completion of the work, any amount retained may be paid to the Contractor. When the work has
been substantially completed except for work which cannot be completed because of weather
conditions, lack of materials, or other reasons which in the judgment of the Owner are valid reasons
for non -completion, the Owner may make additional payments, retaining at all times an amount
sufficient to cover the estimated cost of the work still to be completed.
19.1.1 The Engineer may disapprove or, on account of subsequently discovered evidence, nullify the
whole or part of the approved partial payment estimate to such extent as may be necessary to protect
the Owner from loss, on account of -
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of Contractor to make payment properly to subcontracts or for material or
labor.
(d) A reasonable doubt that the work can be completed for the balance then unpaid.
(e) Damage to another Contractor.
(� Performance of work in violation of the terms of the Contract Documents.
19.1.2 Where work on unit price items is substantially complete but lack clean-up and/or corrections
ordered by the Engineer, amounts shall be deducted from unit prices in partial payment estimates to
amply cover such clean-up and corrections.
19.1.3 When the grounds for withholding or reducing partial payment defined in 19.1.1 and 19.1.2
are corrected, payment shall be made for the amounts withheld because of them.
19.2 The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored either at or near the site.
19.3 Prior to substantial completion, the Owner, with the approval of the Engineer and with the
concurrence of the Contractor, may use any completed or substantially completed portions of the
work. Such use shall not constitute an acceptance of such portions of the work.
19.4 The Owner shall have the right to enter the premises for the purpose of doing work not covered
by the Contract Documents. This provision shall not be construed as relieving the Contractor of the
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sole responsibility for the care and protection of the work, or the restoration of any damaged work
except such as may be caused by agents or employees of the Owner.
19.5 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to
the final payment request that the work has been accepted under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages,
but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within
thirty (30) days of completion and acceptance of the work.
19.6 The Contractor will indemnify and save the Owner or the Owner's agents harmless from all
claims growing out of the lawful demand of subcontractors, laborers, workers, mechanics, material,
men, and furnishers or machinery and parts thereof, equipment, tools and all supplies incurred in the
furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish
satisfactory evidence that all obligations of the nature designated above have been paid, discharged or
waived. If the Contractor fails to do so the Owner may, after having notified the Contractor, either
pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed
reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that
all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed in
accordance with the terms of the Contract Documents, but in no event shall the provisions of this
sentence be construed to impose any obligations upon the Owner to either the Contractor, the
Contractor's surety, or any third party. In paying any unpaid bills of the Contractor, any payment so
made by the Owner shall be considered as a payment made under the Contract Documents by the
Owner to the Contractor and the owner shall not be liable to the Contractor for any such payments
made in good faith.
19.7 If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition
to other remedies available to the Contractor, there shall be added to each such payment interest at
the maximum legal rate commencing on the first day after said payment is due and continuing until
the payment is received by the Contractor.
20. Acceptance of Final Payment as Release
20.1 The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this work
and for every act and neglect of the Owner and others relating to or arising out of this work. Any
payment, however, final or otherwise, shall not release the Contractor or its sureties from any
obligations under the Contract Documents or the Performance and Payment Bonds.
21. Insurance
21.1 The Contractor shall purchase and maintain such insurance as will protect it from claims set
forth below which may arise out of, or result from, the Contractor's execution of the work, whether
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such execution be by the Contractor, any subcontractor, or by anyone directly or indirectly employed
by any of them, or by anyone for whose acts any of them may be liable:
21.1 Claims under Workers' Compensation, disability benefit, and other similar employee benefit acts;
21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of
employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other
than employees;
21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1)
by any person as a result of an offense directly or indirectly related to the employment of such person
by the Contractor, or (2) by any other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of
use resulting therefrom.
21.2 Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of work. These Certificates shall contain a provision that coverage afforded under
the policies will not be cancelled, materially changed, or not renewed unless at least thirty (30) days
prior written notice has been given to the Owner. All insurance certificates shall list the Owner as an
additional named insured and the project name.
21.2.1 The Certificates of Insurance shall specifically provide that the contractual liability as set forth
in Section 24, INDEMNIFICATION, has been insured and that coverage is included for collapse
and underground hazards and completed operations. In the event that conditions are encountered
during the progress of the work which requires blasting, no such blasting shall be undertaken until
coverage for blasting has been obtained and certificates issued therefor.
21.3 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, Liability Insurance as hereinafter specified:
21.3.1 Contractor's General Public Liability and Property Damage Insurance including vehicle
coverage issued to the Contractor and protecting the Contractor from all claims for personal injury,
including death, and all claims for destruction of or damage to property, arising out of or in connection
with any operations under the Contract Documents, whether such operations be by the Contractor
or by any subcontractor employed by the Contractor or anyone directly or indirectly employed by the
Contractor or by a subcontractor employed by the Contractor. Insurance shall be written with a limit
of liability of not less than $600,000 for all damages arising out of bodily injury, including death, at
any time resulting therefrom, sustained by any one person in any one accident, and a limit of liability
of not less than $600,000 aggregate for any such damages sustained by two or more persons in any
one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all
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property damage sustained by any one person in any one accident; and a limit of liability of not less
than $200,000 aggregate for any such damage sustained by two or more persons in any one accident.
21.3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage
Insurance upon the project to the full insurable value thereof for the benefit of the Owner, the
Contractor, and subcontractors as their interest may appear. This provision shall in no way release
the Contractor or Contractor's surety from obligations under the Contract Documents to fully
complete the project.
21.4 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, in accordance with the provisions of the laws of the state in which the work is performed,
Workers' Compensation Insurance, including occupational disease provisions, for all of the
Contractor's employees at the site of the project and in case any work is sublet, the Contractor shall
require such subcontractor similarly to provide Workers' Compensation Insurance, including
occupational disease provisions for all of the latter's employees unless such employees are covered by
the protection afforded by the Contractor. In case any class of employees engaged in hazardous work
under this contract at the site of the project is not protected under Workers' Compensation statute,
the Contractor shall provide, and shall cause each subcontractor to provide, adequate and suitable
insurance for the protection of its employees not otherwise protected.
21.5 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to
be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not
be less than the contract price totaled in the Bid. The policy shall cover not less than the losses due
to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and
smoke during the contract time, and until the work is accepted by the Owner. The policy shall name
as the insured the Contractor, and the Owner.
21.6 Owner's Protective Liability and Property Damage Insurance: The Contractor shall take out and
maintain Owner's Protective Liability and Property Damage Insurance in the name of the Owner and
the Engineer insuring against bodily injury, including accidental death, and property damage liability
in the limits set forth above under "Public Liability Insurance" for which they may become legally
obligated to pay as damages sustained by any persons, caused by accident and arising out of operations
performed for the named insured by independent contractors and general supervision thereof.
22. Contract Security
22.1 The Contractor shall within ten (10) days after the receipt of the Notice of Award, furnish the
Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the
contract price, conditional upon the performance by the Contractor of all undertakings, covenants,
terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the
Contractor to all persons supplying labor and materials in the prosecution of the work provided by
the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact such business in the state in which the work is to be performed and
named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the
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Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the
Contractor. If at any time a surety on any such Bond is declared a bankrupt or loses its right to do
business in the state in which the work is to be performed or is removed from the list of Surety
Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the
Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such
other sureties as may be satisfactory to the Owner. The premiums on such Bond shall be paid by the
Contractor. No further payment shall be deemed due nor shall be made until the new surety or sureties
shall have furnished an acceptable Bond to the Owner.
23. Assignments
23.1 Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the
Contract or any portion thereof, or of any right, title, or interest therein, or any obligation thereunder,
without the written consent of the other party.
24. Indemnification
24.1 The Contractor will 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 claims, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property including the loss of use resulting therefrom; and is caused in whole or in part by
any negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the Owner or the Engineer, or any of their agents or employees of
the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, the indemnification obligation shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the Contractor or any subcontractor under Workers' Compensation acts, disability benefit acts, or
other employee benefit acts.
24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the
Engineer, its agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications.
25. Separate Contracts
25.1 The Owner reserves the right to let other contracts in connection with this project. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of
their materials and the execution of their work, and shall properly connect and coordinate the work
with theirs. If the proper execution or results of any part of the Contractor's work depends upon the
work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any
defects in such work that render it unsuitable for such proper execution and results.
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25.2 The Owner may perform additional work related to the project or the Owner may let other
contracts containing provisions similar to these. The Contractor will afford the other Contractors
who are parties to such Contracts (or the Owner, if the Owner is 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 theirs.
25.3 If the performance of additional work by other Contractors or the Owner is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be given to
the Contractor prior to starting any such additional work. If the Contractor believes that the
performance of such additional work by the Owner or others involves it in additional expense or
entitles it to an extension of the contract time, the Contractor may make a claim thereof as provided
in Sections 14 and 15
26. Subcontracting
26.1 The Contractor may utilize the services of specialty subcontracts on those parts of the work
which, under normal contracting practices, are performed by specialty subcontractors.
26.2 The Contractor shall not award work to subcontractor(s), in excess of fifty (50%) percent of the
contract price, without prior written approval of the Owner.
26.3 The Contractor shall be fully responsible to the Owner for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for
the acts and omissions of persons directly employed by it.
26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to
the work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar
as applicable to the work of subcontractors and give the Contractor the same power as regards
terminating any subcontract that the Owner may exercise over the Contractor under any provision of
the Contract Documents.
26.5 Nothing contained in this Contract shall create any contractual relation between any
subcontractor and the Owner.
27. Engineer's Authority
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27.1 The Engineer or assigned designee shall act as the Owner's representative during the construction
period, shall decide questions which may arise as to quality and acceptability of materials furnished
and work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased
manner. The Engineer or assigned designee will make visits to the site and determine if the work is
proceeding in accordance with the Contract Documents.
27.2 The Contractor will be held strictly to the intent of the Contract Documents in regard to the
quality of materials, workmanship, and execution of the work. Inspections may be at the factory or
fabrication plant of the source of material supply.
27.3 The Engineer or assigned designee will not be responsible for the construction means, controls,
techniques, sequences, procedures, or construction safety.
27.4 The Engineer or assigned designee shall promptly make decisions relative to interpretations
of the Contract Documents.
28. Land and Rights -Of -Way
28.1 Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights -of -way
necessary for carrying out and for the completion of the work to be performed pursuant to the
Contract Documents, unless otherwise mutually agreed.
28.2 The Owner shall provide to the Contractor information which delineates and describes the lands
owned and rights -of -way acquired.
28.3 The Contractor shall provide at its own expense and without liability to the Owner any additional
land and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials.
29. Guarantee
29.1 The Contractor shall guarantee all materials and equipment furnished and work performed for a
period of two (2) years from the date of substantial completion. The Contractor warrants and
guarantees for a period of two (2) years from the date of substantial completion of the system that the
completed system is free from all defects due to faulty materials or workmanship and the Contractor
shall promptly make such corrections as may be necessary by reason of such defects including the
repairs of the damage of other parts of the system resulting from such defects. The Owner will give
notice of observed defects with reasonable promptness. In the event that the Contractor should fail
to make such repairs, adjustments, or other work that may be made necessary by such defects, the
Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall
remain in full force and effect through the guarantee period.
30. Arbitration
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Public Safety Reroof
Ell< River, Minnesota
30.1 All claims, disputes and other matters in question arising out of, or relating to, the contract
documents or the breach thereof, except for claims which have been waived by the making and
acceptance of final payment as provided by Section 20, may be decided by arbitration in accordance
with the Construction Industry Arbitration Rules of the American Arbitration Association provided
that the Owner and the Contractor mutually agree by separate instrument to arbitrate such claims,
disputes and matters in question. This agreement to arbitrate shall be specifically enforceable under
the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may
be entered upon it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be filed in writing with the Owner party to the
Contract Documents and with the American Arbitration Association and a copy shall be filed with
the Engineer. Demand for arbitration shall in no event be made on any claim, dispute, or other matter
in question which would be barred by the applicable statue of limitations.
30.3 The Contractor will carry on the work and maintain the progress schedule during any arbitration
proceedings, unless otherwise mutually agreed in writing.
General Conditions 00800 - 19
Public Safety Reroof
Elk River, Minnesota
31. Taxes
31.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the laws of
the place where the work is performed.
General Conditions 00800 - 20
SECTION 00800
Supplement to General Conditions
General
Public Safety Reroof
Ell< River, Minnesota
These supplementary General Conditions make additions, deletions, or revisions to the General
Conditions as indicated herein. All provisions, which are not so amended or supplemental, remain in
full force and effect. Terms used in these Supplementary General Conditions which are defined in
the General Conditions have the meanings assigned to them in the General Conditions.
1. Definitions
Add the following definitions to Article 1:
Conflict: A case where an item of Work is shown or specified differently in two or more places in the
Contract Documents. An item of Work shown in one portion of the Contract Documents but not in
another is not a conflict.
Engineer: Gary Lore, Building Maintenance Supervisor
Address: 13065 Orono Parkway
Elk River, MN 55330-2846
Phone: 763.635.1051
Email: glore@ElkRiverMN.gov
Furnish: To deliver to the job site or other specified location any item, equipment or material or labor.
Holidays: Legal holidays designated by the State or specifically identified as follows:
For general scheduling information, in the City of Elk River, Minnesota, holidays occur on the first
of January, commonly known as New Year's Day; the third Monday of February, known as
President's Day; the last Monday in May, known as Memorial Day; the Fourth Day of July, known
as Independence Day; the first Monday in September, known as Labor Day; the eleventh day of
November, known as Veteran's Day; the fourth Thursday of November, known as Thanksgiving
Day; the Friday after Thanksgiving; Christmas Eve at noon and the twenty-fifth day of December,
known as Christmas Day.
When an official holiday falls on a Sunday, the following Monday shall be designated as a substitute
holiday, and observed as an official holiday. When an official holiday falls on a Saturday, the preceding
Friday shall be designated as a substitute holiday, and observed as an official holiday.
Inspect: The act of observing, checking, or verifying that materials provided or Work furnished under
this Contract comply with the general intent of the project Contract documents.
Install: Placing, erecting, or constructing complete in place any item, equipment, or material.
General Conditions 00800 - 21
Public Safety Reroof
Ell< River, Minnesota
Provide: Furnish and install, complete in place.
Punch List: List of incomplete items of Work and of items of Work which are not in conformance
with the Contract. The list will be prepared by the Engineer's representative when the Contractor (1)
notifies the Engineer's representative in writing that the Work has been completed in accordance with
the contract and (2) requests in writing that the Owner accept the Work.
Shall: Refers to actions by either the Contractor or the Owner and means that Contractor or Owner
has entered into a covenant with the other party to do or perform the action.
Submittals: The information that is specified for submission to the Engineer in accordance with
Division 1 of the Project Manual.
2. Additional Instructions and Detail Drawings
Replace Section 2.1 with the following:
2.1 The Owner shall furnish to the Contractor three copies of the Contract Documents.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
10. Surveys, Permits, Regulations
Add the following section to Article 10:
10.4 The Contractor shall obtain all necessary federal, state, and local permits required for any
dewatering and stormwater discharges necessary during construction. The Contractor shall also
provide all monitoring and test reporting relating to the discharges.
12. Supervision by Contractor
Add the following section to Article 12:
12.2 Contractor shall maintain a qualified and responsible person available 24 hours per day, seven
days per week to respond to emergencies which may occur after hours. Contractor shall provide to
Engineer the phone number and/or paging service of this individual.
15. Time for Completion and Liquidated Damages
Replace Section 15.3 with the following:
15.3 Owner and the Contractor recognize that the Owner will suffer financial loss if the Work is
not completed within the time specified in the Contract Documents, plus any extensions of time
granted by the Owner. They also recognize the delays, expense, and difficulties involved in proving in
a legal preceding the actual loss suffered by the Owner if the Work is not completed on time.
General Conditions 00800 - 22
Public Safety Reroof
Ell< River, Minnesota
Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as
liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner TWO
HUNDRED DOLLARS ($200.00) for each day that expires after the completion time specified in
Division S as may be adjusted by executed Contract Documents.
19. Payment to Contractor
Delete section 19.7 from Article 19.
Add the following sections to Article 19:
19.1.4 The Owner shall retain from each monthly payment 5% of the amount which is determined
to be due according to the recommendation of the Engineer. The retainage shall constitute a fund
for the payment of claims for materials furnished and labor performed on the project and will be held
by the Owner.
Replace Section 19.5 with the following:
19.5 State law provides that the final estimate will be made within 90 days after completion of all work
required under this contract. If, however, the total value of the Contract exceeds $2,000,000, the 90-
day requirement will not apply and the time allowed for making such final estimate shall be 180 days
after the work under this Contract has been, in all things, completed to the satisfaction of the Engineer.
Add the following sections to Article 19:
19.8 Payment shall be made to subcontractors within ten (10) day of the CONTRACTOR'S receipt of
payment from the OWNER for all undisputed services provided by the subcontractor. Contractor
shall pay subcontractor interest, at a rate of 1.5% per month, for any undisputed amounts not paid
within the above mentioned timeframe.
21. Insurance
The limits of liability for the insurance required by Section 21 of the General Conditions shall provide
coverage for not less than the following amounts or greater where required by Law and Regulations:
A. Workers' Compensation
1. State:
2. Applicable Federal
Statutory
Statutory
3. Employer's Liability $500,000 Each Occurrence
4. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and their
Subconsultants, employees, officer and directors, for Work performed under Contract.
General Conditions 00800 - 23
Public Safety Reroof
Ell< River, Minnesota
5. Minimum insurance requirements are listed below:
Contractor's Liability Insurance:
Workers' Compensation: Statutory Requirements
Employer's Liability: Each accident $1,000,000
Each disease $1,000,000
General Liability: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Automobile: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Minimum total Umbrella Coverage $3,000,000
B. Comprehensive General Liability:
1. Combined Single Unit $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
a. Products/Completed Operations $500,000 Each Occurrence
500 000 Annual Aggregate
b. Personal injury $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
or
2. Bodily injury $1,000,000
Each Occurrence
2 000 000
Annual Aggregate
Property damage $1,000,000
Each Occurrence
2 000 000
Annual Aggregate
3. If policies are written on a claims -made basis, certificate should so specify and policies
continue in force for 1 year after completion of project. The retro date of the coverage must
also be listed.
4. Policies shall include premises/operations, products, completed operations, independent
contractors, owners and contractors protective, explosion, collapse, underground hazard,
broad form contractual, personal injury with employment exclusion deleted, and broad form
property damage.
General Conditions 00800 - 24
Public Safety Reroof
Ell< River, Minnesota
5. The Contractor's Comprehensive General Liability Insurance policy shall be endorsed to add
the Owner as additional insured.
The Contractual Liability insurance shall be written so as to cover the Indemnification Clause.
C. Comprehensive Automobile Liability (including owned, hired, and non -owned vehicles):
1. Bodily injury $1,000,000 Each Person
1 000 000 Each Occurrence
2. Property damage: $1,000,000 Each Occurrence
or combined single limit of $2,000,000
All policies shall provide for 30 days' written notice prior to any cancellation or non -renewal of
insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the Company, its agents, or representatives"
wording will be deleted from certificates.
22. Contract Security
Add the following section to Article 22:
22.2 Bonds
The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the
Contract Price and a satisfactory Payment Bond in the amount of 100 percent of the Contract Price
as security for the faithful performance and payment of all the Contractor obligations under the
Contract Documents.
26. Subcontracting
Replace Section 26.2 with the following:
26.2 The Contractor shall perform not less than 50 percent of the Work with its own forces (i.e.,
without subcontracting). The 50 percent requirement shall be understood to refer to the Work, the
value of which totals not less than 50 percent of the Contract Price.
General Conditions 00800 - 25
Public Safety Reroof
Ell< River, Minnesota
31. Taxes
Add the following section to Article 31:
31.2 The tax codes of the State of Minnesota require the Contractor to pay Sales or Use Tax on
material used in the construction. All Contractors shall prepare and require their Subcontractors to
prepare, sign and acknowledge before a Notary Public, Department of Revenue Forms listing their
respective expenditures for all materials that become an integral part of the completed project; the
purchase price, the amount of Sales or Use Tax paid, the names of the material suppliers, and all other
information required to complete said forms. All Contractors shall file with the Owner executed
copies of these forms covering all material incorporated by them or their Subcontractors. Receipt of
said executed forms by the Owner shall be a prerequisite to final payment of retained percentages of
contract price to the Contractor.
End of Section
General Conditions 00800 - 26
Public Safety Reroof
Ell< River, Minnesota
Division S
S-1 PROJECT DESCRIPTION
The City of Elk River is requesting bids for the Public Safety Reroof project. The work is generally
described as:
• All necessary work to replace rubber membrane roof at Public Safety building
(30,000 sq. ft., bidders to verify) at 13065 Orono Parkway, Elk River, MN
S-2 Personnel
5-2.1 Owner
The Owner of the project, entitled Public Safety Reroof project, is the City of Elk
River. Correspondence should be addressed to:
Gary Lore
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1000
Email: glore@E1kRiverMN.gov
S-3 Project Schedule
Construction of the Public Safety Reroof project will be as follows:
• On -site reroof review at City Hall scheduled for December 14, 2022 at 2:00
PM for all potential bidders intended to discuss project details.
• Shall be completed on or before December 21, 2023.
• Once work has begun on the contract, it shall progress continuously and be
completed by the above date.
Within ten (10) days of executing the Contract, and in any case by the time of the
preconstruction conference, the Contractor shall submit a schedule for commencement and
completion of the work. This schedule shall include an anticipated partial pay estimate schedule and
shall be reviewed by the Owner. The project schedule shall be updated by the Contractor upon request
of the Owner.
S-4 Guarantee
The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of two (2) years from the date of substantial completion. The Contractor
warrants and guarantees for a period of two (2) years from the date of substantial completion of the
system, that the completed system is free from all defects due to faulty materials or workmanship, and
the Contractor shall promptly make such corrections as may be necessary by reason of such defects
General Conditions 00800 - 27
Public Safety Reroof
Ell< River, Minnesota
including the repairs, adjustments, or other work that may be necessary by such defects. In the event
that the Contractor should fail to make such repairs, adjustments, or other work that may be necessary
by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The
Performance Bond shall remain in fully force and effect through the guarantee period.
S-5 Scope of Work
The specifications of Division S, together with the plans, describe in detail the work
to be completed on the project. The Contractor shall be responsible for all work and its proper
completion except as explicitly noted. All work shall be completed in accordance with the pertinent
federal, state, and local codes and ordinances. In addition to the construction, the Contractor shall
protect, maintain, repair, and restore all subsurface and overhead structures directly or indirectly
disturbed, damaged, or affected by his operation.
S-6 Codes and Standards
Reference to codes and standards established by federal, state, and local agencies, or
the professional and trade societies and associations shall be to the latest edition at the time of contract
award. When conflicting information is given, the most restrictive shall apply. Any questions of intent
will be determined by the Engineer upon written request by the Contractor.
S-7 "Or Equal" Cause
Whenever a required material or article is shown on the Plans or in the Specifications
by using the name of a product or of a particular manufacturer, it is to be understood that other
products or materials which will adequately perform the required function may be considered equal
and satisfactory in the Engineer's opinion. A comparable product shall not be purchased or installed
without the Engineer's approval. A "Contract Change Order" shall be used if the Contract is to be
modified.
S-8 Additional Costs Incurred
If the Contractor feels that additional compensation should be paid due to an event
or condition that was unknown or unforeseen at the time the contract was awarded, the Contractor
shall notify the city representative in writing of the event or conditions prior to taking any action. Any
additional compensation must be agreed upon by all parties involved including, but not limited to, the
Contractor, City, and Engineer. Any additional compensation made shall be made through the use of
a change order.
S-9 Public Safety
The Contractor shall take the necessary precautions to protect the public and
employees from injury by hazardous circumstances by providing barricades, warning signs, flashers,
and other safety aids. The costs associated with all such items shall be considered incidental to the
project.
General Conditions 00800 - 28
Public Safety Reroof
Ell< River, Minnesota
S-10 Project Storage Area
The City will provide material storage at each location to the extent possible.
Documentation of insurance for materials and equipment must be provided to the city prior to storage
occurring on city property. The Contractor may choose to locate his own storage area and acquire
permission from the appropriate parties to store equipment and materials. The Contractor shall be
responsible for restoring the storage area back to its original condition.
S-11 Inspection Of Work
The City of Elk River will provide Observation of the work. City, County, or State
agencies having jurisdiction as deemed necessary by those authorities, may make additional
observation of the work.
S-12 Mobilization
Mobilization is considered incidental and should be considered in the bids of
individual items.
S-13 All Work Associated with Bidding
1. All associated work shall be accounted for within the submitted bid for the removal and
reinstallation of all associated work to replace the existing roofing system.
2. All necessary and miscellaneous carpentry work shall be included within the submitted bid.
3. Remove and dispose of all ballast material/rock.
4. Remove and replace existing 60 Mil EPDM system.
5. Remove and replace existing roofing insulation with same specification or equal.
6. Remove and replace all parapet capping with same product specification or equal.
7. Provide allowance for removing and replacing necessary roofing materials and associated
work for under all rooftop units, including associated rooftop curbs if deemed necessary by
contractor.
8. Install necessary metal cleats (per manufacturers recommendation) on existing metal roofing
9. Remove and replace 49 feet gutter at City Hall entry way and associated downspouts
10. Provide allowance for procurement and installation for 20 feet of safety railing/guardrail (if
required by building code).
11. Salvage roof walkway pads and reinstall as required or directed by Gary Lore.
12. Salvage and reinstall lighting protection equipment.
General Conditions 00800 - 29
Public Safety Reroof
Elk River, Minnesota
13. Provide allowance for turf restoration around applicable areas where access is needed.
Protection of all existing ground elevation improvements is required during the project
operation by satisfactory means.
14. Materials used are Firestone or approved equal.
End of Section
General Conditions 00800 - 30