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4.6 SR 03-20-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 4.6 Agenda Section Meeting Date Prepared by Consent A enda MaYch 20, 2023 Brandon Wisner, En ineerin Pro�ect Mana eY Item Description Reviewed by Accept Bid for Houlton Conservation Area Bank Cal Pormer, Ci r Administrator Protection Project Reviewed by Action Requested Approve, by motion, bid from JK Landscape Construction in the amount of $231,444 dollaYs to stabilize appro�matelyr 1,1101ineaY feet of riveYbank on the Mississippi RiveY in the William H. Houlton Conservation Area (WHHCA). Background/Discussion In September of 2021, the cityT approved a Partner Commitment Letter with the Sherburne Soil and Water Conservation District to applyT for a Conservation Parmers LegacyT Grant. The grant was to be used to stabilize an area of significant soil erosion at the WHHCA. The grant was approved and will fund a majorityT of the project cost Staff will work within the overall budget and contingencyT amount as listed in the approved state grant. Financial Impact 10% grant match cash contriburion of $31,000 peY agYeement from the stoYmwater budget. Mission/Policy/Goal ■ Responsible for everyT dollar — good ste`vards Attachments ■ Bid Tabulation ■ Public Bid Notice ■ PaYtner Commitment LetteY approved 9-20-2021 ■ Contract The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 �� Update�l• January 2023 Bids - Houlton Conservation Area Bank Protection Company JK Landscape Construction Geomorphic Restoration Minnesota Native Landscapes Sunram Construction, Inc. RES, LLC Boulder Creek, Inc Shoreline Landscaping & Contracting Helmin Construction, Inc. Amount $231,444.00 $289,832.60 $325,777.00 $475,956.00 $596,944.61 $714,717.00 $933,953.00 $1,057,463.00 AFFIDAVIT OF PUBLICATION STATE OF MIIVTTESOTA � ss COUNTY OF SHERBURNE Rhonda Herberg being duly sworn on an oath, states or �rms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with a11 of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 2 successive week(s); the �rst insertion being on 02/04/2023 and the last insertion being on 02/11/2023. MORTGAGE FORECLOSURE NOTICES P�suant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: �� '`''� Designated Agent Subscribed and sworn to or a�rmed before me on 02/11/2023 by Rhonda Herberg. 1 lrx_.� � � � �b�-�`��'t'� � Notary Public •w�wwww��: r�,�.-�� ,,...r„�.r-. r.•y a� _ ;�.i..�.v �.� '�'°" D�ALE(�E MP�itE �HfRSON s - <� NOThRY PUBI.lC - Il�ttlYESOTA - ppy Cpmm�slon Exphe.a Jart 31, 2024 � Rate Information: (1) Lowest classitied rate paid by commercial users for comparable space: $999.99 per column inch � Ad ID 1291404 �� CITY OF ELK RIVER ADVERTISEMENT FOR BIDS HOULT�N CONSERVATION AREA BANK PROTECTION The City of Elk River is requesting Bids furnishing all labor, materiais, and all else necessary for the Houlto� Conservation Area Bank Pro- tection - Mississippi Site. In general, work consists of the following approximate major quantities; 1110 LF toewood bench, 8091 CY common excavation and 0.8 acres vegetation establishment The Bids shall be on the form proviiied for that purpose and accord- ing to the Bidding Requirements. This work shall be subject to prevailing wages and labor standards in accordance with State Funded Construction Contracts. Bids will be accepted electronically only until 2:00 p.m. CST on Wednesday, March 15, 2023, at which time they will be opened and read aloud. The bid opening can only be viewed remotely through the following �ink: h�t,ps://teams.m icrosoft.co mfl/meetu n- ioin/19°/a3ameetinq YWUzMDExMmYtMWQxZi00Ni FhLW EzMjItOD jYW Fk2TYxMDqx%40thread.v2l0? �ontext=%7b%22Tid%22%3a°/a22ccbaC042-Off9-4C68-9d00- 1 cbOf4370c88%22%2c%220id%22%3a%223323b653-e545- 45e5-d64d-94f178d44358°�022°�':Td Complete digital contract bidding documents will be available at www.�uestCDN.com using project number 8389363. The Owner re- serves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract #o the best interest of the Owner. Published in the Star News Fehruary 4, 11, 2023 1291404 Request for Action To Item Number Ma Tor and Ci T Council 4.4 Agenda Section Meeting Date Prepared by Consent September 20, 2021 Amanda Erickson, Environmental Coordinator Item Description Reviewed by Parmer Commitment Letter: Conservation Brandon Wisner, En ineerin Pro�ect Mana er Parmers Legacy (CPL) Grant Application Reviewed by Cal Pormer, Cit T Administrator Action Requested Approve, by motion, the Parmer Commitment Letter for the CPL Grant Application Background/Discussion The City of Elk River works closely with the Sherburne Soil and Water Conservation District (SWCD) to identify natural resource areas within the city to restore and protect. Over the last few years, a portion of shoreline within the William H. Houlton Conservation Area along the Mississippi River was identified as having significant erosion and soil loss. Through this parmership, the SWCD and city plan to apply for funding from the Conservation Parmership Legacy (CPL) Grant Program for this Houlton Conservation Area Streambank Protection project. This is a joint effort which will leverage pooled resources to restore and protect this sensitive area of public land. The city will be submitting a Parmer Commitment Letter along with the CPL Grant application. This letter commits staff time to the project as well as a required 10% grant match cash contribution of $31,000. The match will be funded by the Stormwater Management Fund. The application is due in mid-September, and we hope to hear if the application is accepted by the end of the year. Financial Impact Cash contribution from Stormwater Management Fund Mission/Policy/Goal Leverage parmerships for resource protection Attachments ■ Partner Commitment Letter — City of Elk River The Elk River Vision A �arelco�ning co�n�nunity zvitb r•evolutionary and spirzted r•esour•cefulness, exceptional service, and co�n�nunity engage�nent tbat encour•ages and inspir•es pr•osperzty. R�O�IMER'EO �'P M �� Updated.• August 2020 Conservation Partners Legacy Grant Program Partner Commitment Letter Septembex 20, 2021 Dear Grant Review Team, I am writing this letter to document oux coinmitment to a pxoject that is seeking to be funded by the Conservation Partnexship Legacy Grant Program, "Houlton Conservation Axea Streambank Protection". This pYoject is a joint effort between multiple entities that have pooled resources in oxder to xestore and protect this sensirive area of public land. The City of Elk River owns and maintains the pxoperty where this work would be completed, the William H. Houlton Conservation Area, and as such would serve as the Land Manager for this project. The Sherburne SWCD will serve as the Project Manager and Fiscal Agent, while additional parmers in the development stage of this project have included local Department of NatuYal Resources staff as well as staff from the Friends of the Mississippi River. The City of Elk River will be contributing a cash contribution of $31,000 towaxds this project as described below, fox a total of $32,283 which includes in kind staff time. ._..�. w_�..�....�.�...��.� �� w,.�w,�w.�..� ri�.,��„��, I._�._ Pro�ect Item � M Rate Value Fundi��Source � Engineering Project Manager — Project $44.35/hx $887.00 City of Elk River General Overs,�;ht Fund Environmental Coox � � ��._..�.....mm ...._�.,.�... � ��dinatoY — Project $39.59/hr �$396.00 City of Elk River General � Outreach Fund Maxketin� an �....�. �.. ... .... .... � ..� ....�� _ �..m� . .... Cash Contribution n/a $31,000 � StormwatermManagement Fund The funds that the City of Elk Rivex axe providing in match aYe generated from the city's stormwater progxam fee which includes acriviries to maintain compliance with stormwatex Best Management PYacrices (BMI'S), including reducing sediment and other pollutants from entering local wateY Yesources. Staff time is generated from the city's general fund. These funds have been set aside fox this project and 13065 Orono Parkway Elk River, MN 55330 763.635.1000 , , ; � ; �f �h r� � � � � � ; r � if ��%; � � i ii ,I w �;,,,, � E1kRiverMN.gov p�"� . � : will be available following notice of a successful grant application fxom the Conservarion Partnership Legacy gxant review team. We appYeciate the consideration of the grant review team for reviewing our project. Please feel free to contact me with any questions regaxding the project specifics or the contriburions from the City of Elk Rivex. �� ..,. _w. .. _. � ��' � �� .. �.�.�� ._. �� . � .,,� � Brandon Wisnex Engineering Project Manager Citp of Elk River Project Manual Bidding Requirements, Contracting Requirements and Specifications Project Name: Houlton Conservation Area Bank Protection — Mississippi Site Project Location: Elk River, Minnesota Date:01/27/2023 This Page Left Blank Intentionally Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 0105 CERTIFICATIONS PAGE 1 hereby certify that this specification was prepared by m� or under my direet supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Rebecca Nestingen, P.E. Date: 7/21/2021 License No. 49246 Division 00 Section 00 01 05-1 Introductory Information Certifications Page Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 0110 TABLE OF CONTENTS DIVISION 00 - BIDDING AND CONTRACTING REQUIREMENTS INTRODUCTORY INFORMATION 00 01 05 Certifications Page 00 01 10 Table of Contents BIDDING REQUIREMENTS 00 01 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 41 10 Bid Form 0041 15 Responsible Contractor— Proposal Attachment CONTRACTING REQUIREMENTS 00 51 15 Responsible Contractor — Notice of Award 00 51 16 Responsible Contractor — Supplemental 00 52 00 Contract for Construction of a Small Project DIVISION 01- GENERAL REQUIREMENTS 010100 General Requirements DIVISION 02 - CONSTRUCTION SPECIFICATIONS Division 00 Section 00 01 10-1 Introductory Information Table of Contents Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 11 13 ADVERTISEMENT FOR BIDS Bids will be received by the City of Elk River until 2:00 p.m. CST on Wednesday, March 15, 2023, for the furnishing of all labor, materials, and all else necessary for the following: William H. Houlton Conservation Area (1801 Main St. Elk River, MN) Bank Protection — Mississippi Site In general, work consists of the following approximate major quantities: 1110 LF toewood bench, 8091 CY common excavation and 0.8 acres vegetation establishment The Bids shall be on the form provided for that purpose and according to the Bidding Requirements. This work shall be subject to prevailing wages and labor standards in accordance with State Funded Construction Contracts. DNR Invasive Species Prevention and Management Operational Order 113 must be followed. Bids will be accepted electronically only until 2:00 p.m. CST on Wednesday, March 15, 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- ioin/19%3ameetin� YWUzMDExMmYtMWQxZi00NiFhLWExMiItODIiYWFkZTYxMD�x%40thread.v2/0? context=%7b%22Tid%22%3a%22ccbac042-Off9-4c68-9d00- 1cbOf4370c88%22%2c%220id%22%3a%223323b653-a545-45e5-b64d-94f178d44358%22%7d Complete digital contract bidding documents will be available at www.QuestCDN.com using project number 8389363. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interest of the Owner. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interest of the Owner. Dan Cibulka Senior Water Resource Specialist Sherburne SWCD Brandon Wisner Engineering Project Manager City of Elk River Division 00 Section 00 11 13-1 Bidding Requirements Advertisement for Bids Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1— COPIES OF BIDDING DOCUMENTS 1.01 Authorized sets of the Bidding Documents may be obtained digitally as directed in the Advertisement for Bids. 1.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 1.03 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. ARTICLE 2— QUALIFICATIONS OF BIDDERS 2.01 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit a Responsible Contractor Compliance Verification, and such other data as may be deemed necessary by the Owner 2.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 3— EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 3.01 Site and Other Areas A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor. 3.02 Existing Site Conditions A. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. ARTICLE 4 — BIDDER'S REPRESENTATIONS 4.01 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; Division 00 Section 00 21 13-1 Bidding Requirements Instructions to Bidders Project Manual Houlton Conservation Area Bank Stabilization — Dam Site C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; and the Bidding Documents; with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; F. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; G. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.02 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. ARTICLE 5 — PRE-BID CONFERENCE 5.01 There will not be pre-bid conference held for this project. ARTICLE 6— INTERPRETATIONS AND ADDENDA 6.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda provided to all parties recorded by Engineer as having received the Bidding Documents. Questions received must abide by the QuestCDN deadline. Only Division 00 Section 00 21 13-2 Bidding Requirements Instructions to Bidders Project Manual Houlton Conservation Area Bank Stabilization — Dam Site questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 7 — CONTRACT TIMES 7.01 The number of days within which, or the dates by which milestones are to be achieved and the Work is to be substantially completed and ready for final payment are set forth in the Contract. ARTICLE 8 — LIQUIDATED DAMAGES 8.01 Provisions for liquidated damages, if any, are set forth in the Contract. ARTICLE 9— SUBSTITUTE AND "OR-EQUAL" ITEMS 9.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Contract. ARTICLE 10 — PREPARATION OF BID 10.01 The Bid Form and attachments are included with the Bidding Documents. Photocopies of these documents should be made for the purpose of submitting the Bid. 10.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink bythe person signingthe Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 10.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate Division 00 Section 00 21 13-3 Bidding Requirements Instructions to Bidders Project Manual Houlton Conservation Area Bank Stabilization — Dam Site seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 10.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 10.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 10.06 A Bid by an individual shall show the Bidder's name and official address. 10.07 A Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 10.08 All names shall be printed in ink below the signatures. 10.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 10.10 Postal and e-mail addresses and telephone numbers for communications regarding the Bid shall be shown. 10.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 11— BASIS OF BID; COMPARISON OF BIDS 11.01 Unit Price, or Unit Price with Alternates A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 5.01 of the Contract. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be evaluated and the low Bidder determined pursuant to Article 16. 1. If no Alternate is present, bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. 2. If an Alternate is present, bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." Division 00 Section 00 21 13-4 Bidding Requirements Instructions to Bidders Project Manual ARTICLE 12 — SUBMITTAL OF BID Houlton Conservation Area Bank Stabilization — Dam Site 12.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to the location of the opening of Bids as indicated in the Advertisement for Bids. 12.02 The Bid shall include the entire Section 00 41 10, Bid Form. This includes all attachments listed in Paragraph 7.01 of the bid form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual. 12.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 13 — MODIFICATION AND WITHDRAWAL OF BID 13.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 13.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 14 — OPENING OF BIDS 14.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available by request to Bidders after the Project is awarded. ARTICLE 15 — BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid prior to the end of this period. ARTICLE 16 — EVALUATION OF BIDS AND AWARD OF CONTRACT 16.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Total Base Bid, or Adjusted Total Base Bid if an Alternate is present, which is found to be in the best interest of the project. 16.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidderwhom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 16.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in Division 00 Section 00 21 13-5 Bidding Requirements Instructions to Bidders Project Manual Houlton Conservation Area Bank Stabilization — Dam Site more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 16.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Bidding Documents. 16.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. ARTICLE 17 — INSURANCE 17.01 Article 6 of the Contract, sets forth Owner's requirements as to insurance. When the successful Bidder delivers the executed Contract, it shall be accompanied by such insurance documentation. ARTICLE 18 — SIGNING OF AGREEMENT 18.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Contract. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Contract (and any bonds and insurance documentation required to be delivered by the Contract) to Owner. Within 10 days thereafter, Owner shall deliver one fully signed counterparts to successful Bidder with a complete set of Drawings with appropriate identification. Division 00 Section 00 21 13-6 Bidding Requirements Instructions to Bidders Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 41 10 BID FORM ARTICtE 1— BID RECIPIENT 1.01 This Bid is submitted to: ELECTRONICALLY ONLY VIA QUESTCDN CITY OF ELK RIVER 13065 ORON� PARKWAY ELK RIVER, MN 55330 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions ta Bidders. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date NONE B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to alf Laws and Regulations that may affect cost, progress, and performance ofthe Work. D. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. _ _ . ._z_ .___ T:..zv,.�._ �_.,z_ -._,— —�... _.____ ,� �,_....�„a�_�.F.a Division 00 Section 00 41 43-1 Procurement Requirements Bid Form Project Manual Houlton Conservation Area Bank Stabilization — Dam Site E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. F. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. H. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and atl prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of valu2 likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-com petitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. Division 00 Procurement Requirements Section 00 4143-2 Bid Form Project Manual Houlton Conservation Area Bank Stabilization - Dam Site ARTICLE 5- BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Item Est. Bid Unit No. Description Unit Bid Price Qty. Price 2021.501/00010 Mobilization LS 1 2051.501/00010 Maint. & Restoration of Haul Roads LS 1 N.` �,s� 2101.501/00020 Clearing and Grubbing LS 1;<:� � 2106.507/00010 Excavation - Common CY ;� 2106.507/00130 Common Embankment (CV) � � 061 �� 273 2573.503/00031 Flotation Silt Curtain Type Moving Wate�� ;.�f�F 2574.505/00010 Subsoiling � `� �q��;�__� p,g 2574.505/00020 Soil Bed Preparation "'�� - ��`�p;� y p,g ��; - 2575.504J00325 Rolled Erosion Preven�fi' Categor; 25�` SY 3874 2575.505/00021 Seeding ��2` AC 0.8 2575.505/00035 Mowing „- �A�� " AC 2 2575.505/00040 We�d� �raying AC 0.5 2575.506/00010 VU�ed Spray Mixture GAL 0.5 2575.508/21111 Seed Mixture 21-111 LBS 80 2575.508/35221 Seed Mixture 35-221 LBS 30 2577.603/00010 Toewood Bench LF 1110 Total of All Unit Price Bid Items $ Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. ARTICLE 6- TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Article 4 of the Contract on or before the dates or within the number of calendar days indicated in the Contract. 6.02 Bidder accepts the provisions of the Contract as to liquidated damages. ARTICLE 7-ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Section 00 41 15 Responsible Contractor- Proposal Attachment; and _.� _x__ _.�._,� �.�« __r�.. _��.z�.s _ ..-_��.�� _...rm � .�.".,�..��,._u, Division 00 Procurement Requirements Section QO 4143-3 Bid Form Project Manual Houlton Conservation Area Bank Stabilization — Dam Site B. Contractor's License No.: 8G 63'i037 [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of Bids. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, and the Contract. Division 00 �� Section 00 4143-4 Procurement Requirements Bid Form Project Manual Houlton Conservation Area Bank Stabilization — Dam Site ARTICLE 9 — BID SUBMITTAL BIDDER: (lndicate correct name of bidding entity] JK LANDSCAPE CONSTRUCTION By: (Signature] (Printed namej ,�RRY KONZ (If Bidder is a corporation, a limited liability company, a pprtnership, or a joint venture, attach evidence of authority to sign.J Attest: (SignatureJ , - jPrinted name] DAN DUGGAN Title: Submittal Date: Address for giving notices: 19512 HUBBLE ROAD MATOR/SALES CLEARWATER, MN 55320 Telephone Number: Fax Number: 0) 330-8844 Contact Name and e-mail address: DAN DUGGAN DAN@JKLANDSCAPE.COM Bidder's License No.: BC631037 (where applicableJ Division 00 Section 00 4143-5 Procurement Requirements Bid Form Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Bidder's Verification of Compliance The undeYsigned, being first dul�r swoYn, as BiddeY on the Project, YepYesents and swears as follo�vs: No`v, and at all times during the duration of the Project, the undersigned complies with each of the rninimum criteria in l��inn. Stat � 16C.285, subd. 3, the Responsible Contractor statute. The undersigned understands that a failure to meet or verifyT compliance `vith the minimum criteria established for a"responsible contractor" as defined in Minn. Stat � 16C.285, subd. 3 rendeYs a bidder ineligible to be awarded a construction contract for the PYoject 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 verifyTing 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 pYoject and may result in termination of a contract awarded to a the undersigned or its subcontractor that submits a false statement. Bidder: JK LANDSCAPE CONSTRUCTION By,; JERRY KONZ Its: OWN ER End of Section Bid Form Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 41 15 RESPONSIBLE CONTRACTOR - PROPOSAL ATTACHMENT ARTICLE 1— INITIAL CONTRACTOR VERIFICATION OF COMPLIANCE 1.01 By signing this document, 1 am certifying that I am an owner or officer of the contractor and am verifying under oath that: A. My company meets each of the minimum criteria in subclauses (1)-(6) of Minn. Stat. § 16C.285, subd. 3, the Responsible Contractor statute. B. 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. C. The undersigned understands that a false statement under oath verifying compliance with any of the minimum criteria shall make the undersigned, ineligible to be awarded a construction project and may result in termination of a contract awarded to the undersigned. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. D. The undersigned understands that, if the undersigned is the apparent low bidder, the undersigned will be required to submit a supplemental verification under oath as a condition precedent to the execution of the contract. If the undersigned fails to provide the required supplemental verification, it could forfeit its bid bond. E. If my company is awarded a contract, I will submit Section 00 51 15 Responsible Contractor — Notice of Award and Section 00 51 16 Responsible Contractor — Supplemental prior to contract execution. By: (Signature] (Printed name] Title: Company Name: Submittal Date: Division 00 Section 00 41 15-1 Procurement Requirements Responsible Contractor - Proposal Attachment Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 51 16 RESPONSIBLE CONTRACTOR - SUPPLEMENTAL ARTICLE 1— FIRST-TIER SUBCONTRACTOR LIST 1.01 Minn. Stat. § 16C.285, Subd. 5. ... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Subcontractor Names Name of City Where (Legal name of company as registered with the Secretary of State) Company Home Office is Located 1.02 By signing this document, 1 am certifying that 1 am an owner or officer of the contractor and am verifying under oath that: A. All additional subcontractors listed on Section 00 51 16 have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C.285. By: (Signature] (Printed name] Title: Company Name: Submittal Date: Division 00 Section 00 51 16-1 Contracting Requirements Responsible Contractor— Supplemental , !r ; PATE '_: BONDING ��, I NC. 1276 So. Robert St. • West St. Paul, MN �5118 • Phone: (6511 457-68�12 • Fax: (6511 4�7-7531 � Web Site: wtiv�v.patebonding.com JK Landscape Construction LLC 19512 Hubble Road Clearwater, MN 55320 Bid Bond Results Form PROJECT OWNER: City Of Elk River B/D DATE: March 15th, 2023 PROJECT NAME: Project No. (#8389363) - Houlton Conservation Area Bank Protection APPROX. BlD AMOUNT: $231,444.00* * If your bid increases by 10% or more from this estimate, please contact our office for approval prior to Yhe bid letting. BOND NUMBER: RB0091281 PLEASE LIST THE FIRST THREE BIDDERS IF KNOWN Contractor's Name Low 2nd 3 rd Your Bid if Not Listed Above Comments By: $ $ $ $ Bid Security Amount Bid Bond Check ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Date: PLEASE RETURN THIS FORM TO PATE BONDING, INC. Vour a sistance in providing us with all of your bid resu/ts is appreciated Pgl-7T Delivery Instructions: [ J COURIER [ ] EMAIL ] FAX [ ] MAIL [ ] OVERNIGHT [ ] PICKUP [ ] OTHER Please review your bond to ensure it is as you ordered and that it is in the proper form which includes the correct names, bond amounts and dates before you submit it. By aftixing your signature, executing and providing this bond to the obligee you are verifying, and we will justifiably assume, the bond has been issued correctly with the best interests and requirements of all parties being considered. Cont�ct us immediately if any correction is required. emo To: JK Landscape Construction LLC Date: March 13th, 2023 Re: Bid Bond Request for: City Of Elk River Letting Date: March 15th, 2023 Maintenance Bond Rates Please review your project specs/contract documents carefully. If the specs/contract documents require that the project be covered for a one (1) year period, this would automatically be included in the bond premium. However, if a longer warranty period is required, the following warranty rate structure would be used in addition to the bond premium: •$2.50 per thousand — First $100,000 of contract price (per year of the contract) •$2.25 per thousand — Next $400,OOQ of contract price (per year of the contract) •$2.00 per thousand — Balance of contract price (per year of the contract) Please be sure to contact our office if the specifications call for maintenance period longer than two years. � 1 �� . � j � � Bond No. R60091281 : • :� � CONTRACTOR: Nanze, legal s�al:rs and address) JK Landscape Construction LLC 19512 Hubble Road Clearwater, MN 55320 SURETY: (Name, legal s[atus and pt'incipal place ofThis document has important legal btrstness) consequences. Consultation with an attorney is encouraged with Granite Re, 111C. respect to its completion or 14001 Quailbrook Drive modification. OWNER: (Nanre, legal statats and address) City Of Elk River BOND AMOUNT: Five Percent of the Bid Amount (5% of Bid Amount) PROJECT: Project No. (#8389363) - Houlton Conservation Area Bank Protection (Name, localiorz or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Oklahoma City, OK 73134 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Signed and sealed this 13th day of March, 2023 (Witness) � � (Witness) ]K Landscaoe Construdion LLC (Principal) /Seal) (Title) Granite Re I c. (Surety) ,�j _—. (._ieal) /�-� '_�—_- (Title roy Staples, Attorney-in-Fact ��tl"&'IL�s��J: �'�a� ��rc�caf��2 s;�Er �r� ca��'s��g��C Ai� �gz��ct C�cae�zn��n�, a�.� �r�hi�h t€�i� t��a ��S�er3rs irs 5��€�. f�n arigin�at a>sur�� iis�� t�« a�Ar�� as�& �°seat !zs ��a��e�1, ---- -. - Init AIA Document A310'"— 2010. Copyright 01963, 1970 and 2010 by The American Institute of Architects. All rights reserved. l�ir�SENI�3G. A7�'"' � �-. � �a t ( rr.,s 'i P�, L � �. py� i �L i �.� . r� .�ir,. lio.i .I �i rr- �-.ic.:. L � [t o' z� d r��.nr: �r�;:n o ii.�. � -�i .r -h� 1'r - �: ��:uincr�:: �, � y .�.� �`i.,iz u�� i[, i i} .�sul, ii� , :er.. ..il i . �31 c i nin31 .��* <. �ies, � n 1 rvii! b�� ,,arose.u.e;c� t� if i .�i..x"u��u n +. �...nt >,_,.,,� � .; ,�nct,r ._ii� lava. J Purchasers are permit[ed to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. °�770 ACKNOWLEDGNIENT OF PRINCIPAL (Individual) State of County of ) On this day of in the year before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument and acknowledge(s) to me that he/she executed the same. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of ) ) County of ) On this day of in the year before me personally come(s) a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument and acknowledges to me that he/she executed the same as for the act and deed of the said co-parinership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ) ) County of ) On this day of in the year before me personally come(s) , to me known, who, being duly swom, deposes and says that he/she is the of the the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Minnesota ) ) County of Dakota ) On this 13th day of March, in the year 2023, before me personally mme(s) Troy Staples, Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who, being by me duly swom, says that he/she is (are) tlie Attomey(s)-in-Fact of Granite Re, Inc. company described in and which executed the within instrument; that he/she know(s) the corporate seal af such company; and that seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors of said mmpany, and tha he/she signed said instrume Attorney(s)-in- ,, 'e; "_��.,,r.�-�.,a—r. -- 1 Fact of ti�e said comQany 13�{rk� o�tfef: �u"" �- � ;;� ' � ;; T��v{ L. FERRILL , �(�� .��°-:5 �;�1rQYPUBUC-M!NNESOTA � �� ' °�' hi Commis:::an Er.�ires Jan 31, 2027 Nota PubliC `r � R,�n:,,� Y rY �:=:3�.'•'�<'"� '' GRANITE RE, INC. `GENERAL POWER OF AITORNEY Know all Men by these Presents That GRANiTE RE, INC., a carporation organized:and existing under the laws of the State af MINNESOTA and having,its principa) office at the City of OKI.AHOMA CITY in the State of OKLAHOMA daes hereby constitute and appoint: WANDA FRANZ; TOM LAHL; T4M KEMP: LISA M. FRANCOUR; JENNIFER BOYLES;'ZACHARY PATE; TROY STAPGFS; NICMO�AS HOCHBAN its true and lawful Attorney-in-Fact{s) for#he following purpases, to`wit: To sign its name as surety to, and to execute, seat and acknowleilge any'and all bonds, and to respectively do and perform any and a11 acts `' and things set forth in the resolutian o# the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a parC of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directars, hereby ratifies and confirms ail and whatsoever the ; said: WANDA FRANZ; TOM LAHL; TOM KEMP: �ISA M: FRANCQUR; JENNIFER BOYLES; ZACHARY PATE; TRQY STAPLES; NICHOI.AS HOCHBAN may lawfully do in the premises by virtue af these presents. M Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corparate seal, duly attested by the signatures ` of its President and Assistant Secretary, this 3rd day of January, 2020. �`TtP"I�� ,/hrY.� �dY��•- _ �' . '�if � V 4�� ' , .. .�. . s� A� Kenneth D. `Whittin on, President STATE OF OKI.AHOMA } ' ,�,,,, }•�_�/� i� . .. �. .. . � ..5�. � . . . �. n "..j . . COUNTY OF OKIAHOMA ) Kyle P. McDonald, Assistant Secretary On this 3� day of January, 2620, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and; Kyle R McDanald, Assistant Secretary af said Company, with both of whom i am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittingtan and Kyle P. McDonald were respectivefy the President and the Assistant Secretary of GRANITE RE, INC., the ' corporation described in and which exetuted the foregoing Power of Attorney; that they eath knew the seal of said corporation; that xhe seal affixed to said Pawer af Attocney was such corporate seal, that it was so fixed by arder af the Board of Directors of said corporatian, and that they signed their name thereto by like order as Presiclent and Assistant Secretary, respectively, of the Company.' � � ` � � ,,, i >, ,,�r �� . My Commissian Expires: ��'�a"'°'��.. ___�w�:��►`�+�+!+w - --- April 27, 2023 "" �� " Notary Public � ,'�,�� ." Cammission #: 11003620 '<<,«��,�,, ., , `GRANITE RE, ING. Certificate THE UNDERSIGNED, being the duly elected antl acting Assistant' Secretary af Granite Re, Inc., a Minnesota'°Corporation, HEREBY CERTIFIES that the following resolutian is a true and correct excerpi from the�uly 15, 1987, minutes of the meeting of theBoard of Directars af Granite Re, Inc. and khat ` said Power of Atiorney has not been reuoked and is now in full force and effect. ''RESOIVED, that the President, any Vice President, the Assistant Secretary, and any Assistant �ce President shatl each have authority to ' appoint individuals as attorneys-in-fact ar under ather appropriate titles'with authoriry to execute on behalf of tfie company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidenting such appaintment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any band or undertaking of the Campany,'the seal, or a facsimile thereof, may be impressed or affixed ar in any other manner reproduced; provided, however, that the seal shall not be netessary tg.�b�v_a�ial�S�! of any such instrument or undertaking " �� . . � + ��' ,i".,4 . ..� . . ��. � � � �� . . �.: ' IN WITNESS WHEREOP, the undersigned has su�3`�,r;`bs�tj�^Ce�c�'�tr�'a'�! affixed the corporate seat of the Corporatioh this 13th ddy Of March 2023 � `�" .�i ✓, � _ �«ev�w ,�., � S .� — �d�:L�' �c/ := `- - "�""'°" " ~ Kyle P. McDonald, AssisiantSecretary . ... .� _ F,� ��; ��. GR08b0-1 ==�p j�--..�.._�=-="` va __1 :. . . � � . J� fy . �� w � . . . . . . Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 00 52 00 CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT THIS AGREEMENT is by and between Owner and Contractor hereby agree as follows: ARTICLE 1—THE WORK 1.01 Work ("Owner") and ("Contractor") A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents. B. The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Project is generally described as follows: 1. Houlton Conservation Area Bank Stabilization consisting of 270 CY compost grouted riprap bank armament and vegetation establishment 2. Located at 1801 Main St NW, Elk River, MN 55330 ARTICLE 2 — CONTRACT DOCUMENTS 2.01 Intent of Contract Documents A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral. The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents. B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder. C. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents. D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants. Division 00 Section 00 52 00-1 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site 2.02 Contract Documents Defined A. The Contract Documents consist of the following documents: 1. This Contract. 2. Specifications listed in the Table of Contents. 3. Drawings as listed on the Drawing Sheet Index. 4. Addenda. 5. The following which may be delivered or issued on or after the Effective Date of the Contract: a. Work Change Directives. b. Change Orders. c. Field Orders. ARTICLE 3 — ENGINEER 3.01 Engineer A. The Engineer for this Project is Sherburne Soil and Water Conservation District. ARTICLE 4 — CONTRACT TIMES 4.01 Contract Times A. The Work is funded with a State grant. Work will be substantially completed by summer 2024 and ready for final payment within 45 days after substantial completion. To avoid potential Special Concern species in the area and accommodate weather conditions, the project team anticipates a June 2023 start date for excavation activities and native dormant seed plantings in fall of 2023. Follow-up work may be completed in spring / summer 2024. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $400.00 for each day that expires after the Contract Time for substantial completion. 4.03 Delays in Contractor's Progress A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Division 00 Section 00 52 00-2 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers. C. If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor's subcontractors or suppliers. 4.04 Progress Schedules A. Contractor shall develop a progress schedule and submit to the Engineer for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the Engineer. B. The Contractor shall update and submit the progress schedule to the Engineer each month. The Owner may withhold payment if the Contractor fails to submit the schedule. ARTICLE 5 — CONTRACT PRICE 5.01 Payment A. Owner shall pay Contractor in accordance with the Contract Documents at the following amounts for each unit of Work completed: 1. For all Work, at the prices stated in the Contractor's Bid, attached hereto as an exhibit. 2. Payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer. Division 00 Section 00 52 00-3 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site ARTICLE 6 — INSURANCE 6.01 Insurance A. Before starting Work, Contractor shall furnish evidence of insurance from companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum AM Best rating of A-VII or better. Contractor shall provide insurance in accordance with the following: 1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations: a. � . � Workers' Compensation: State: Employer's Liability: Bodily Injury, each Accident Bodily Injury By Disease, each Employee Bodily Injury/Disease Aggregate Commercial General Liability: General Aggregate Products - Completed Operations Aggregate Personal and Advertising Injury Each Occurrence (Bodily Injury and Property Damage) Automobile Liability herein: Combined Single Limit of: Excess or Umbrella Liability: Per Occurrence General Aggregate Statuto $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 2,000,000.00 B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the insured and additional insured. C. Automobile liability insurance provided by Contractor shall provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis. D. Contractor's commercial general liability policy shall be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements: 1. Products and completed operations coverage maintained for three years after final payment; Division 00 Section 00 52 00-4 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site 2. Blanket contractual liability coverage to the extent permitted by law; 3. Broad form property damage coverage; and 4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage. E. The Contractor's commercial general liability and automobile liability, umbrella or excess, and pollution liability policies shall include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. 1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 2. Contractor shall provide ISO Endorsement CG 20 32 07 04, "Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent for design professional additional insureds. F. Umbrella or excess liability insurance shall be written over the underlying employer's liability, commercial general liability, and automobile liability insurance. Subject to industry-standard exclusions, the coverage afforded shall be procured on a"follow the form" basis as to each of the underlying policies. Contractor may demonstrate to Owner that Contractor has met the combined limits of insurance (underlying policy plus applicable umbrella) specified for employer's liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policies and an umbrella or excess liability policy. G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit. H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 15. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction. B. Contractor shall assign a competent resident superintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without Division 00 Section 00 52 00-5 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site written notice to and approval by the Owner and Engineer except under extraordinary circumstances. C. Contractor shall at all times maintain good discipline and order at the Site. D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. 7.02 Other Work at the Site A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. 7.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents. 7.04 Subcontractors and Suppliers A. Contractor may retain subcontractors and suppliers for the performance of parts of the Work. Such subcontractors and suppliers must be acceptable to Owner. 7.05 Quality Management A. Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents. 7.06 Licenses, Fees and Permits A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. B. Contractor shall obtain and pay for all construction permits and licenses unless otherwise provided in the Contract Documents. 7.07 Laws and Regulations; Taxes A. Contractor shall give all notices required by and shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. Division 00 Section 00 52 00-6 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations. C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations. 7.08 Record Documents A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work. 7.09 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. B. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. All persons on the Site or who may be affected by the Work; 2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction. C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor). D. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. E. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. Division 00 Section 00 52 00-7 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site 7.10 Shop Drawings, Samples, and OtherSubmittals A. Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information. B. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that submittal, and that Contractor approves the submittal. C. With each submittal, Contractor shall give Engineer specific written notice, in a communication separate from the submittal, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents. D. Engineer will provide timely review of shop drawings and samples. E. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs. F. Engineer's review and approval of a separate item does not indicate approval of the assembly in which the item functions. G. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of shop drawings and submit, as required, new samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. H. Shop drawings are not Contract Documents. 7.11 Warranties and Guarantees A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee. 7.12 Correction Period A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly and without cost to Owner, correct such defective Work. 7.13 Indemnification A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided Division 00 Section 00 52 00-8 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts they may be liable. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Owner's Responsibilities A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through Engineer or SWCD Representative. B. Owner shall make payments to Contractor as provided in this Contract. C. Owner shall provide Site and easements required to construct the Project. D. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination. E. Except as otherwise provided in the Contract Documents, the Owner shall be responsible for performing inspections and tests required by applicable codes. F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. G. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed. H. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 9— ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Engineer's Status A. Engineer will be Owner's representative during construction. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in this Contract. B. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them. Division 00 Section 00 52 00-9 Contracting Requirements Contract for Constructior EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site C. Engineer will make visits to the Site at intervals appropriate to the various stages of construction. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. D. Engineer has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents. E. Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work. F. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. ARTICLE 10 — CHANGES IN THE WORK 10.01 Authority to Change the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. 10.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or (c) resulting from the Engineer's decision, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and 3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12. B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. ARTICLE 11— DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS 11.01 Differing Conditions Process A. If Contractor believes that any subsurface or physical condition including but not limited to utilities or other underground facilities that are uncovered or revealed at the Site either differs materially from that shown or indicated in the Contract Documents or is of an unusual Division 00 Section 00 52 00-10 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so. B. After receipt of written notice, Engineer will promptly: 1. Review the subsurface or physical condition in question; 2. Determine necessity for Owner obtaining additional exploration or tests with respect to the condition; 3. Determine whether the condition falls within the differing site condition as stated herein; 4. Obtain any pertinent cost or schedule information from Contractor; 5. Prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and 6. Advise Owner in writing of Engineer's findings, conclusions, and recommendations. C. After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part. ARTICLE 12 — CLAIMS AND DISPUTE RESOLUTION 12.01 Claims Process A. The party submitting a claim shall deliver it directly to the other party to the Contract and the Engineer promptly (but in no event later than 10 days) after the start of the event giving rise thereto. B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim shall be stated in writing and submitted to the other party. C. If efforts to resolve a claim are not successful, the party receiving the claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied. D. If the dispute is not resolved to the satisfaction of the parties, Owner or Contractor shall give written notice to the other party of the intent to submit the dispute to a court of competent Division 00 Section 00 52 00-11 Contracting Requirements Contract for Constructior EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site jurisdiction unless the Owner and Contractor both agree to an alternative dispute resolution process. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK 13.01 Tests and Inspections A. Owner and Engineer will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access. B. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. C. If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense. 13.02 Defective Work A. Contractor shall ensure that the Work is not defective. B. Engineer has the authority to determine whether Work is defective, and to reject defective Work. C. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. The Contractor shall promptly correct all such defective Work. E. When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. F. If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 14 — PAYMENTS TO THE CONTRACTOR 14.01 Progress Payments A. The Contractor shall prepare a schedule of values that will serve as the basis for progress payments. The schedule of values will be in a form of application for payment acceptable to Engineer. The unit price breakdown submitted with the bid will be used for unit price work. Break lump sum items into units that will allow for measurement of Work in progress. 14.02 Applications for Payments: A. Contractor shall submit an application for payment in a form acceptable to the Engineer, no more frequently than monthly, to Engineer. Applications for payment will be prepared and signed by Contractor. Contractor shall provide supporting documentation required by the Division 00 Section 00 52 00-12 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site Contract Documents. Payment will be paid for Work completed as of the date of the application for payment. B. Beginning with the second application for payment, each application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior applications for payment. 14.03 Retainage A. The Owner shall retain 5% of each progress payment until the Work is substantially complete. 14.04 Review of Applications A. Within 10 days after receipt of each application for payment, the Engineer will either indicate in writing a recommendation for payment and present the application for payment to Owner or return the application for payment to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. The Contractor will make the necessary corrections and resubmit the application for payment. B. Engineer will recommend reductions in payment (set-offs) which, in the opinion of the Engineer, are necessary to protect Owner from loss because the Work is defective and requires correction or replacement. C. The Owner is entitled to impose set-offs against payment based on any claims that have been made against Owner on account of Contractor's conduct in the performance of the Work, incurred costs, losses, or damages on account of Contractor's conduct in the performance of the Work, or liquidated damages that have accrued as a result of Contractor's failure to complete the Work. 14.05 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner. 14.06 Substantial Completion A. The Contractor shall notify Owner and Engineer in writing that the Work is substantially complete and request the Engineer issue a certificate of substantial completion when Contractor considers the Work ready for its intended use. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment. B. Engineer will make an inspection of the Work with the Owner and Contractor to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor and Owner in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete or upon resolution of all reasons for non-issuance of a certificate identified in 14.06.B, Engineer will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment. Division 00 Section 00 52 00-13 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual 14.07 Finallnspection Houlton Conservation Area Bank Stabilization — Dam Site A. Upon written notice from Contractor that the entire Work is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.08 Final Payment A. Contractor may make application for final payment after Contractor has satisfactorily completed all Work defined in the Contract, including providing all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents and other documents. B. The final application for payment shall be accompanied (except as previously delivered) by: 1. All documentation called for in the Contract Documents; 2. Consent of the surety to final payment; 3. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any liens or other title defects, or will so pass upon final payment; 4. A list of all disputes that Contractor believes are unsettled; and 5. Complete and legally effective releases or waivers (satisfactory to Owner) of all lien rights arising out of the Work, and of liens filed in connection with the Work. C. The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment. 14.09 Waiver of Claims A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor. B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 60 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Division 00 Section 00 52 00-14 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual 15.02 Owner May Terminate for Cause Houlton Conservation Area Bank Stabilization — Dam Site A. Contractor's failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause. B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to: 1. Declare Contractor to be in default, and give Contractor and any surety notice that the Contract is terminated; and 2. Enforce the rights available to Owner under any applicable performance bond. C. Owner may not proceed with termination of the Contract under Paragraph 15.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. D. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient. E. In the case of a termination for cause, if the cost to complete the Work, including related claims, costs, losses, and damages, exceeds the unpaid contract balance, Contractor shall pay the difference to Owner. 15.03 Owner May Terminate for Convenience A. Upon seven days written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for, without duplication of any items: 1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Owner Division 00 Section 00 52 00-15 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site fails for 60 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, either stop the Work until payment is received, or terminate the Contract and recover payment from the Owner. ARTICLE 16 — CONTRACTOR'S REPRESENTATIONS 16.01 Contractor Representations A. Contractor makes the following representations when entering into this Contract: 1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on: a. The cost, progress, and performance of the Work; b. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and c. Contractor's safety precautions and programs. 5. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 6. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 8. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that, without exception, all prices in the Contract are premised upon performing and furnishing the Work required by the Contract Documents. Division 00 Section 00 52 00-16 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual ARTICLE 17 — MISCELLANIOUS 17.01 Cumulative Remedies Houlton Conservation Area Bank Stabilization — Dam Site A. The duties and obligations imposed by this Contract and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.02 Limitation of Damages A. Neither Owner, Engineer, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. 17.03 No Waiver A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. 17.06 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.07 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: By: CONTRACTOR: By: Division 00 Section 00 52 00-17 Contracting Requirements Contract for Construction EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Title: Attest: Title: Address for giving notices: Houlton Conservation Area Bank Stabilization — Dam Site (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of thisAgreement.) Division 00 Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address for giving notices: License No.: (where applicable) NOTE TO USER: Use in those states or other jurisdictions where applicable or required. Section 00 52 00-18 Contracting Requirements Contract for Constructior EJCDC� G522, Copyright O 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Manual Houlton Conservation Area Bank Stabilization — Dam Site SECTION 010100 GENERAL REQUIREMENTS ARTICLE 1— PROJECT MANAGEMENT AND COORDINATION 1.01 Contact Information and Project Coordination A. Coordinate all Work with the Shurburne Soil and Water Conservation District staff. The District staff are located at the Shurburne SWCD office at 425 Jackson Ave NW, Elk River, MN. Their telephone number is (763)-220-3434. Regular office hours are 8:00 A.M. to 4:00 P.M. B. Before any Work at the Site is started, submit a typed list outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Email. C. Coordinate the Work of the Contract and the Work of others relating to the Project. Work with others to cause the efficient and timely completion of the Work. These responsibilities include, among others, the following: 1. Coordinate activities of all sub-contractors. 2. Inform emergency services (Police, Fire), Post Office, and Schools of traffic situations as appropriate to Project circumstances. 3. Inform City Public Works Department of Project schedule and upcoming activities that will affect their operation. 4. Inform non-municipal utilities (gas, telephone, electric, etc.) of Project schedule to allow for planning of any activities they wish to coordinate with the Project. 5. Maintain and coordinate access needs of adjacent properties. 1.02 Contract Times A. Construction operations shall begin after the date of Notice of Contract Approval. Construction operations shall not commence prior to Contract Approval B. All work required for this project, including final clean-up, shall be completed by summer 2024. 1.03 Work Hours A. Work hours shall be conducted between the hours of 7:00 A.M. and 6:00 P.M. on normal work days, unless approved for unusual circumstances. B. Given written notice to Owner whenever it is desired to perform work at night, or on a Saturday, Sunday, or holiday, or to vary period of hours during which work is carried on each Division 01 Section 01 01 00-1 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site day. If approved, such work shall be subject to requirements furnished in writing by Owner, and no extra compensation will be allowed. 1.04 Surveying and Construction Observation A. Engineer shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Engineer. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. B. The Contractor shall give the Engineer at least 48 hours prior notice (excluding Saturdays, Sundays, and legal holidays) in advance of the need for establishing reference points, grade checks, and observation of Work. 1.05 Project Meetings A. Administrative Requirements: 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required B. Preconstruction Conference: 1. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records. 2. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. 3. Contractor shall provide a proposed progress schedule including the anticipated start and completion dates of each activity duration estimated to be 3 days or longer. C. Progress Meeting Procedures: 1. Status Meetings may be held when construction activity is occurring on the Project as requested by the Engineer. Division 01 Section 01 01 00-2 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site 2. The Contractor shall furnish an updated progress schedule including actual start and finish dates for each activity, percentage complete and remaining durations of activities started but not yet completed. 3. Developers, private utilities, and others may attend to communicate Project issues 1.06 Submittals A. Submit items for review as indicated in individual material specification sections. Unless otherwise indicated, submit the following quantities for each type of submittal: 1. Product Data: PDF electronic file or minimum 3 paper copies (2 retained, 1 returned) 2. Test Reports: PDF electronic file or 2 paper copies. 1.07 Payment Procedures A. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. B. Final payment will be made in accordance with the provisions of the Contract for Construction Paragraph 14.08 and the following: 1. The Contractor shall submit to the Engineer a certificate from the Minnesota Commissioner of Revenue that all state withholding taxes have been paid (Form IC-134). Final payment will not be made until receipt of form IC-134 from the Contractor and each Subcontractor. 2. The Contractor shall submit to the Engineer a certificate attesting that the prevailing wages were paid according to the provisions of Paragraph 4.01. 3. Final payment shall not be made until the following items, including, but not limited to, are received by the Engineer in accordance with this contract and acceptable to the Engineer: a. Material Testing Reports b. NPDES Notice of Termination c. Warranties d. Receipt(s) of payment to subcontractors and suppliers Division 01 Section 01 01 00-3 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site ARTICLE 2— SITE CONDITIONS AND MAINTENANCE 2.01 Utilities A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site: 1. Engineer has requested information at time of construction document preparation on existing private utilities via design locate request through the Gopher State One Call Program. 2. The original version of the information supplied by the utilities is available for viewing at the office of the Engineer. B. Known information regarding the private utilities is depicted on the Drawings and information supplied by utility companies can be viewed at the office of the Engineer by request. C. Project Utility Sources: Coordinate Work with the following utility owners: 1. City of Elk River Public Works 763-635-1120 2. Gopher State One Call 651-454-0002 D. Owner requires a 48-hour notice for all utility interruptions. E. Coordinate the relocation or protection of all existing facilities, including any that are not shown on the plans prior to performing any excavations. Any costs for such Work shall be the responsibility of the Contractor. F. The Contractor shall remove all utility flags upon project completion, as directed by the Engineer. 2.02 Maintenance of Traffic A. All traffic control devices shall conform and be installed in accordance to: 1. the "Minnesota Manual on Uniform Traffic Control Devices" (MN MUTCD); 2. Part 6, "Field Manual for Temporary Traffic Control Zone Layouts" (Field Manual); 3. the Speed Limits in Work Zones Guideline; 4. the Minnesota Flagging Handbook; 5. the Minnesota Standard Signs Manual; 6. the Traffic Engineering Manual; and 7. the MnDOT Standard Signs and Markings Manual; B. The Contractor shall furnish, install, maintain, and remove all traffic control devices required to provide safe movement of vehicular traffic through the Project during the life of the Contract from the start of Contract operations to the completion thereof. The Engineer will have the right to modify the requirements for traffic control as deemed necessary due to existing field conditions. Division 01 Section 01 01 00-4 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site C. Traffic control devices include, but are not limited to, barricades, warning signs, trailers, flashers, cones, and drums, as required and sufficient barricade weights to maintain barricade stability. 2.03 Maintenance During Construction and Final Cleanup During and upon completion of work, the site shall be maintained in accordance with the provisions of MnDOT 1407 and the following: A. During the progress of the work, the Contractor shall keep the area affected clean and free of all rubbish and surplus materials. The Contractor shall remove all unneeded construction equipment from the site and repair all damage so that the public and adjacent property owners are inconvenienced as little as possible. B. During the progress of work, the Contractor shall remove and satisfactorily dispose of materials or debris that have washed or flowed into or have been placed in water courses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor's operations. The Contractor shall keep all ditches, channels, drains, etc., in a clean and neat condition. C. On or before the completion of work, the Contractor shall, unless otherwise directed in writing, remove all temporary works, tools and machinery or other construction equipment. The Contractor shall remove all rubbish from any grounds occupied by the Contractor. The Contractor shall leave all of the premises and adjacent property affected by the operation in a neat and restored condition satisfactory to the Engineer. ARTICLE 3— ENVIRONMENTAL REGULATIONS AND PERMITS 3.01 Work in Wetlands or Public Waters A. MN Statutes Sections 103G.2212 and 103G.241 stipulate that an agent or employee of another may not: 1. drain, excavate, or fill a wetland, wholly or partially; or 2. construct, reconstruct, remove, or make any change in any reservoir, dam, or the course, current, or cross-section of any public water; unless the agent or employee has obtained a signed statement from the property owner stating that any permit or wetland replacement plan required for the work has been obtained, or that a permit or replacement plan is not required; and this statement is mailed to the appropriate office with jurisdiction over the wetland or public water prior to initiating the work. B. The "Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters" can be found at: http://www.bwsr.state.mn.us/wetlands/forms /Contractor Responsibilitv.doc. The Contractor shall provide the Engineer with a copy of the completed "Landowner Statement and Contractor Responsibility for Work in Wetlands or Public Waters" for the excavation and/or disposal site prior to initiating the work. 3.02 Emerald Ash Borer Compliance A. All or part of this Project is located in a county which the Minnesota Department of Agriculture (MDA) has placed under an Emerald Ash Borer Quarantine. Contractor may contact MDA at 1-888-545-6684 or visit the Emerald Ash Borer website at Division 01 Section 01 01 00-5 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site https://www.mda.state.mn.us/ plants/pestmana�ement/eab/eabbiocontrol to find more information. The Contractor must comply with the following requirements. 1. The Contractor will not: a. Offer any part of an Ash tree (Fraxinus spp.) from a quarantined area to any industry or individual without an Emerald Ash Borer Compliance Agreement with MDA; or b. Make available any part of an ash tree or any non-coniferous (hardwood) species with bark from the quarantined area for use as firewood; or c. Transport any part of an ash trees, in any form, outside of a quarantined county without complying with an Emerald Ash Borer Compliance Agreement with MDA; or d. Transport any part of ash trees, in any form, outside the state of MN without contacting Jonathan.Osthus@state.mn.us to obtain the United States Department of Agriculture's and the MDA's joint approval of the Emerald Ash Borer Compliance Agreement. 2. The Contractor will: a. Dispose of ash trees according to the Emerald Ash Borer Compliance Agreement; and b. Use the ash wood chips within the construction limits for erosion control, construction exit pads, or other project related needs; and The Owner will not directly compensate the Contractor for compliance with these requirements. ARTICLE 4 — MISCELLANIOUS 4.01 Prevailing Wage Clause A. Pursuant to Minnesota Statutes 177.41 to 177.44, and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. 4.02 Audit Clause A. Pursuant to Minn. Stat. section 16C05 subd. 5, the Contractor will: 1. Maintain records which reflect all revenues, costs incurred and services provided in the performance of this Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorize representative at any time during normal business hours, and as often as they may deem reasonable necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices and involve transactions relating to this agreement. The Division 01 Section 01 01 00-6 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site Contractor agrees to maintain these records for a period of six (6) years from the date of the termination of this agreement. 4.03 Equal Employment Opportunity Compliance A. The City of Elk River (City) and Sherburne SWCD District (District) is an Equal Opportunity and Affirmative Action employer. The Contractor with the City and District is required to follow and conform to applicable federal, state, and City laws as they apply to the Contractor's duty for Equal Opportunity and Affirmative Action employment. It is the Contractor's responsibility to insure compliance with Equal Opportunity and Affirmative Action requirements. Failure to comply with applicable Equal Opportunity and Affirmative Action employment requirements may lead to Contractor sanctions. 4.04 Non-Discrimination Clauses A. The Contractor agrees that: 1. In the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2. No contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (A) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; 3. A violation of this section is a misdemeanor; and 4. This contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 4.05 Drug and Alcohol Testing Requirements A. Contractors agree to comply with the drug and alcohol testing of the Code of Federal Regulations, Chapter 49, incorporated therein. The Contractor shall immediately inform the Owner when the testing and documentation requirements imposed by the Statute and Regulations are not being met. Failure to abide strictly by this provision shall be considered a major breech of the contracted services for this project. Contractor is to maintain driver's files. All audits of this information shall be made available to the Owner upon request. B. Moreover, if any independent truck operators are utilized by the Contractor for this project, it shall be the responsibility of the Contractor to insure compliance of these provisions. 4.06 Possession of Firearms on Project Premises A. Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Vendor or Contractor shall carry or possess a firearm on Owner premises pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Division 01 Section 01 01 00-7 General Requirements General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site Agreement; and, in addition to any other remedy available to the Owner under law or equity is grounds for immediate suspension or termination of this contract. Division 01 General Requirements Section 01 01 00-8 General Requirements Project Manual Houlton Conservation Area Bank Stabilization — Dam Site DIVISION 02 CONSTRUCTION SPECIFICATIONS Minnesota Department of Transportation Standard Specifications for Construction (2020 edition) shall apply for all materials and construction work unless superseded by the following special provisions. S-1 (2577) SOIL BIOENGINEERED SYSTEMS MnDOT 2577 is supplemented with the following: 5-1.1 DESCRIPTION This work consists of installing a bioengineered system consisting of a toewood bench for river bank stabilization. 5-1.1 MATERIALS The toewood bench shall include the following materials: A. Geosythetic Materials ........................................................................................................ 3733 B. Sod ......................................................................................................................................3878 C. Rolled Erosion Prevention Product ....................................................................................3885 5-1.2 CONSTRUCTION REQUIREMENTS Construct Toewood Bench consisting of a series of rootwads, footer and face logs, and anchoring systems covered in layers of woody debris, common embankment (soil backfill), fabric encapsulated soil lifts, and sod mats according to the plans. Support root wads with footer logs shall be a minimum 12 inches in diameter with limbs removed and minimum 10 feet in length. Space footer logs approximately 8 to 10 feet apart perpendicular to the rootwads (slightly off parallel to the bank). Partially embed and key footer logs into existing bank material. Rootwads shall be assembled from a large tree trunk with a minimum diameter of 12 inches with limbs removed and length of 14 to 20 feet with attached roots. Place rootwads on top of footer logs as shown overhanging rootwads 1 to 2 feet protruding into the river angled at about 30 degrees from perpendicular to the bank with the rootwads facing upstream. Rootwads shall be spaced such that the outer diameters of the attached roots appear to be touching or slightly overlapping when viewed from an angle parallel to the bank and direction of flow. Place face logs similar dimensions to the footer logs at similar angles to the footer logs on top of the rootwad trunk. Place woody debris comprised of 75% small limbs and branches (3 inch minus) and 25% medium sized material (3 to 6 inch limbs) between the rootwads, footer and face logs. Layer and compact common embankment (soil backfill) in the void space of the woody debris. Place Type 3 geotextile per 3733, "Geosynthetic Materials," over the backfill material. Division 02 SP-1 Construction Specifications Special Provisions Project Manual Houlton Conservation Area Bank Stabilization — Dam Site Place a layer of live cuttings over the geotextile followed by fabric encapsulated soil lifts. To construct the fabric encapsulated soil lifts place rolled erosion prevention category 47 per 3885, "Rolled Erosion Prevention Product," so that the edge of the blanket extends 3 feet under the lift of soil then wrap the blanket up over 1 foot of compacted backfill material and across the top of the backfill and trench the terminal edge 1 foot deep. Stake in the rolled erosion prevention category 47 according to the manufacturers recommendation. The face of the encapsulated soil lift shall be at a 2:1 slope (horizontal to vertical). Over the encapsulated soil lift place a mat of native sod per 3878, "Sod." Repeat layers of encapsulated soil lifts and sod mat to create a supplemental bench according to the plans. 5-1.3 MEASUREMENT AND PAYMENT The engineer will measure Toewood Benches by the linear foot, measured along the outer edge of the bench along the bank full edge of the river including all necessary components and work to install. Division 02 SP-1 Construction Specifications Special Provisions Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Bid Bond Bidder (Name and Address): Surety (Name and Address of Principal Place of Business): Owner (Name and Address): City of Ell� River 13065 Orono Parl�way Elk River, MN 55330 Bid Bid Due Date: Wednesday, March 15, 2023 Project: Houlton Conservation Area Bank Protection — Mississippi Site Bond Bond Number: Date: Penal Sum: (Words) (Figures) KNOW ALL MEN BY THESE PRESENTS, `vhich `ve, the undersigned, as Principal, as SuretyT, are herebyT held and firmlyT bound unto Ciry of Elk River as OWNER in the penal sum of for the payTment of �vhich, �vell and trulyT to be made, �ve herebyT jointlyT and severall�T bind ourselves, successors and assigns. Signed, this dayT of , 2023. The Condition of the above obligation is such that whereas the Principal has submitted to the Ciry of Elk River a certain BID, attached hereto and herebyT made a part to enter into a contract in writing, for the Houlton Conservation Area Bank Protection — Mississippi Site. NOW THEREFORE, : �:• � Houlton Conservation Area Bank Protection — Mississippi Site 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 (properl�T completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payTment 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, other�vise the same shall remain in force and effect; it being expresslyT understood and agreed that the liabilityT of the Surety- for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The SuretyT, for value received, herebyT stipulates and agrees that the obligations of said SuretyT and its BOND shall be in no `vay impaired or affected byT anyT extension of the time �vithin which the OWNER mayT accept such BID; and said SuretyT does herebyT waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the SuretyT 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 byT their proper officers, the dayT and yTear first set forth above. Principal Suret�T C (L. S.) Note: Date of Bond must not be prior to date of Contract. If Contractor is parmership, all partners should execute Bond. Important: SuretyT companies executing Bonds must appear on the TreasuryT Department's most current list (Circular 570 as amended) and be authorized to transact business in the state wheYe the project is located. End of Section : � :• � Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Notice of Award [Certified Mail — Return Receipt Requested] Date: To: Contract: Houlton Conservation Area Bank Protection — Mississippi Site OWNER's Contract No. You are notified that �Tour Bid dated March 15, 2023, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the Cit�T Hall ReYoof PYoject. The Contract Price of �Tour Contract is Three copies of each of the proposed Contract Documents (except Drawings) accompanyT this Notice of A`vard. Three sets of the Dra`vings �vill be delivered separatelyT or otherwise made available to yTou immediatelyT. You must complyT with the follo`ving conditions precedent within 15 dayTs of the date yTou receive this Notice of A`vard. 1. DeliveY to the OWNER three fully executed counterpaYts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract SecurityT (Bonds) as specified in the Instructions to Bidders and General Conditions (paragraph 22) and Supplemental Conditions (paragraph SC-22). (List otheY conditions pYecedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider yTour Bid in default, to annul this Notice of Award and to declare yTour Bid securinr forfeited. Within ten dayTs after yTou comply with the above conditions, OWNER will return to you one fully executed counteYpaYt of the Contract Documents. Notice of Award Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota : City of Elk River (OWNER) Brandon Wisner, Engineering Project Manager End of Section Notice of Award Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Bidder's Verification of Compliance The undeYsigned, being first dul�r swoYn, as BiddeY on the Project, YepYesents and swears as follo�vs: No`v, and at all times during the duration of the Project, the undersigned complies with each of the rninimum criteria in l��inn. Stat � 16C.285, subd. 3, the Responsible Contractor statute. The undersigned understands that a failure to meet or verifyT compliance `vith the minimum criteria established for a"responsible contractor" as defined in Minn. Stat � 16C.285, subd. 3 rendeYs a bidder ineligible to be awarded a construction contract for the PYoject 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 verifyTing 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 pYoject and may result in termination of a contract awarded to a the undersigned or its subcontractor that submits a false statement. Bidder: ByT: ItS: End of Section Bid Form Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Notice to Proceed Date: To: Contract: Houlton Conservation Area Bank Protection — Mississippi Site Owner's Contract No. You are notified that the Contract Times under the above contract will commence to run on , 2023. ByT that date, yTou 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 payTment 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 `vith the Contract Documents. City of Elk River (OWNER) : Brandon Wisner, Engineering Project Manager ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is herebyT acknowledged byT: this the dayT of , 2023. : Title End of Section Notice to Proceed Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Performance Bond Bond No. KNOW ALL PERSONS BY THESE PRESENTS; That a(corporarion, a parmership, or an individual), hereafter called Contractor, and (Name of Surety) (Address of Suret�T) hereinafter called SuretyT, are held and firmlyT bound unto City of Elk River 13065 Orono Parkway, Elk River, MN 55330 hereinafter called Owner, in the aggregate penal sum of in la`vful moneyT of the United States, for the payment of which sum well and trulyr to be made, we bind ouYselves, our heirs, executors, administrators, successors, and assigns, jointlyT and severally, firmlyT by these presents. THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and bet�veen Contractor and Owner dated the da�T of , 2023, a cop�r of which is hereto attached and made a part hereof, for the construction of Houlton Conservation Area Bank Protection — Mississippi Site, generally described as follows: Construct various sections of bituminous and concrete trails in accordance �vith the plans and specifications. NOW THEREFORE, if Contractor �vell, trulyT and faithfull�T performs its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original terms thereof, and any extensions thereof which mayT be granted by Owner, with or without notice to SuretyT, and during the Two (2) year(s) guarantee and maintenance period, and if it satisfies all claims and demands incurred under such contract, and fu11�T indemnifies and saves harmless the Owner from all costs and damages which Owner mayT suffer byT reason of its failure to do so, and it reimburses and repayTs O�vner Performance Bond Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota all outla�T and expense which Owner ma�T incur in making good an�T default, then this obligation shall be void; other�vise to Yemain in full force and effect. PROVIDED, FURTHER, that the said SuretyT, 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 perfoYmed thereunder oY the Contract Documents accompanying the same shall in anyr way affect its obligation on this BOND, and it does herebyT `vaive notice of anyT 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 expYessly agYeed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not incYeasing the contract price moYe than 20 percent, so as to bind the ContractoY and SuYety to the full and faithful peYformance of the Contract as so amended. The teYm "Amendment," �vherever used in this Bond, and �vhether referring to this Bond, the Contract, or the Loan Documents shall include any alteration, addirion, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between Owner and Contractor shall abridge the right of anyT beneficiaryT hereunder, whose claim mayT be unsatisfied. Performance Bond Houlton Conservation Area Bank Protection — Mississippi Site 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 , 2023. SURETY: : Attorney-in-Fact (Address) ATTEST: [SEAL] (Surety ) CONTRACTOR AS PRINCIPAL: i (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 (Ci�cular 570 as amended) and be authorized to transact business in the state where the project is located. End of Section Performance Bond Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota Payment Bond Bond No. KNOW ALL PERSONS BY THESE PRESENTS; That a(corporation, a partnership, or an individual), hereafter called Contractor, and (Name of SuretyT) (Address of SuretyT) hereinafter called SuretyT, are held and firmlyT bound unto City of Elk River 13065 Orono Parkway, Elk River, MN 55330 hereinafter called O�vner, and unto all persons, firms and corporations `vho or `vhich ma�T furnish labor or materials, as defined in Minnesota Statute 574, to perform as described under the contract and to their successoYs and assigns in the total aggregate penal sum of in lawful money of the United States, foY the payment of which sum well and trulyT to be made, �ve bind ourselves, our heirs, executors, administrators, successoYs, and assigns, jointly and seveYally, firmly by these presents. THE CONDITION OF THIS OBL.IGATION is based upon a certain contract b�r and bet�veen Contractor and O�vner dated the da�T of , 2023, a copyT of �vhich is hereto attached and made a part hereof, for the construcrion of Houlton Conservation Area Bank Protection — Mississippi Site, generallyT described as follo`vs: 1110 LF toewood bench, 8091 CY common excavation and 0.8 acres vegetation establishment NOW, THEREFORE, if the Contractor promptlyT makes payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the WoYk provided for in such contract and any authorized extension oY modification theYeof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection `vith the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether byT Subcontractor or other�vise, then this obligation shall be void; otherwise to remain in full force and effect. Payment Bond Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota PROVIDED, that beneficiaries oY claimants heYeundeY 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 SuretyT for value received herebyT stipulates and agrees that no change, extension of time, alteYation or addition to the teYms of the contract oY to the Work to be performed thereunder oY the Contract Documents accompanyring the same shall in any way affect its obligation on this BOND, and it does herebyT waive notice of anyT such change, extension of time, alteration or addition to the teYms of the contract or to the WoYk or to the ContYact 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 SuretyT above named within ninetyr (90) days afteY such claimant did oY performed the last of the work or laboY, oY furnished the last of the materials for which said claim is made, stating with substantial accuracyT the amount claimed and the name of the parnT 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 b�r registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, O�vner, or Suret�r, at any place where an office is regularlyT maintained for the transaction of business, or served in anyT manner in which legal process may be served in the state in which the afoYesaid pYoject is located, save that such service need not be made by a public officer. (b) After the expiration of two (2) years follo�ving the date of which Contractor ceased work on said Contract, it being understood, ho`vever, that if any limitation embodied in the Bond is prohibited by an�T la`v controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted byT such law. PROVIDED, FURTHER, that it is expresslyT 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 peYcent, so as to bind the ContractoY and SuretyT to the full and faithful performance of the Contract as so amended. The term "Amendment", `vherever used in this Bond, and `vhether referring to this Bond, the Contract or the Loan Documents shall include anyT alteration, addition, extension, or modification of an�T character �uhatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of an�T beneficiaryT hereunder, `vhose claim mayT be unsatisfied. Payment Bond Houlton Conservation Area Bank Protection — Mississippi Site 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 da�T of , 2023. SURETY: ByT AttoYney-in-Fact (Address) ATTEST: (SurettT) [SEAL] C CONTRACTOR AS PRINCIPAL: (Address) ATTEST: (Contractor as Principal) [SEAL] (Witness as to Suretyr) (Witness as to ContractoY as Principal) (r�ddress) (Address) NOTE: Date of BOND must not be prioY to date of Contract. If ContractoY is paYtneYship, all partners should execute BOND. IiVIPORTANT: SuretyT companies executing Bonds must appear on the TreasuryT Department's most curYent list (Circular 570 as amended) and be authorized to transact business in the state wheYe the project is located. Payment Bond Houlton Conservation Area Bank Protection — Mississippi Site Elk River, Minnesota End of Section Payment Bond R. 26 W. P 1 F .... .... . .,_.,., ....... �», � , F _.... �. PROJECi LOCAPON � LOCATION MAP Elk River Township o �/2 i Scale in Miles SHERBURNE COUNTY SOIL AND WATER CONSERVATION DISTRICT Detail Plans for William H. Houlton Conservation Area Bank Protection — Mississippi Site Sherburne County, Minnesota INDEX OF DRAWINGS snee� rne Number Cwn Sneet 2 SNPPP 3 Pralect Eztenta 4-8 Plan Layouta 9 iypical Sec[ien 10-12 iae WaoE Oe[aila 13-15 CYo9e $ection9 irrrNn SOIL BORINC • iH BENCH MPRK. IENPORARY • iBM CONiOIIR CONiOUR.INOEX ----1100---- CONMON E%GVh110N � E4RiHFlLL. CLASS C COMPACPON Q mce or rie�o — EDCE OF iREES � SEClION oRrvErnui� MPRO%. PROPERtt LINE ROCK RIPR4P RAW OIREC110N �.� iEMPORARY BENCH MARKS N0. ELEV. OESCRIPPON i BBB.28 GrounE SMo[ at Sign 2 889.18 Graunn Snat at Sign ] 889.JJ Graunn Snat at Sign COOROINh1E SYSIEN: SHERBIIRNE COIINtt C40ROINh1E5 IINITS: US SIIRYET Ff. Minneao[a Department of iranaportaGon S[anEarE SpecificaGona for Cona[ruc[ion 9xoxo eEitian) zM1all app�y �f�or all ma[erials anE mnzhuction wark. Theze pecifica[iana arc Part f ia Plan. Chan9<s in [he Erarvin9� or epecificatioro muet be autM1ortzeE by tMe orvner anE [Fe SWCO reprezenta4've xM1M1 e proper approval autFarity. fi< ow reaponaible br oblaining IanE rigF[s anE local, slale, anU f<Eeral permi[e�or other Pertniaeion neceewry to perfortn anG maintain the Practix. Sta�e lav rcquircs tFa[ tar ac[ GapM1er State One Call at Ims[ 98 houre prior to [he atar[�of excawGon vork. csac rv�mx� �� • � �� .. . . � �� . . . � . . . . . .. �� . ... .. . � �m ... � �m . . .. � �� .. . . � �m � �m . :. - . � �� . .. . � �m . .. � �� -. . . . - . . .. � �� . . � �� .. ... :. � I hearby certify that this plan, specification a report s prepareE by m unGer my Girect supervision and that I a a duy licensetl Prafessional Engineer under the la s of the state of Minneso[a /,�La.,�� i>'�:�;-.,,, , oore: i/v/zosa Rebecca S. NestingEh (Reg. Na. 49246) �� H U � � � � W � % � z O J U w W � � O � � � � U Y Z Q m ❑ �V � �N LOCATION IN MINNESOTA s.oR�w.,�a a�.�o� aa�n� a� �E «a�,��Eo, iHE CONiRACiOR IS RESPON4BlE FIX1 ALL ON-41E INPLEMFNiAllqi OF Q1090N PNO 5£OIMENi CONiROLS IN CONPIJANCE N11H iHE REWIRWFNfl OF iNE SihiE OF NINNESOiA NPDE5�505 CONSiRUCPCN SNRMWAIER GENERAL PERNIi. SiNS, GENERPL CCNS1RUCilOry �[ - RE SE�IMENr REMOVALS RESIlLrS IN E%POSE� SUIL rNE PEMOVAL AN� iNE HOIILiON CONSERVAlION ARFA BPNKpPROlEC11CN PRQIECi CONSISTS OF tt1E9tlOD INSiALLAlION. E%ChVhiION. PNO SiABRI]AlION OF APPRO%IMAIELY e �RACKiNG ONrO PAVE� SUR�ACES rRACKE� LINEAR fEEi OF BPNK PLdiC iNE NI55551PPI RIKR. iHE OISNRBED PREh IS APPRO%INAIELY 1.3 hd2E5 ANO RIE Ep511NC PNO PROPOSEO INPERN0115 ARFA IS 0 ACRES. �- MAiNrAiN ALL 9MPS llNriL WORK NAS BEEN COMPLErE� AN� SrE NAS UN�ERGONE VINAL SrABiLiZAriON. iNE PROJECi PREA IS N11NIN I NILE OF ANO OISp1ARGE5 i0 RIE NISSISSIPPI RIYflE NHICH IS A SCENIC dt REq2Eh110NP1 RIVER SEGNENi PNO RESiRIC1E0 NA1FR hS OES(RIBm IN iHE NPOES/505 PERMIi. iHERE PRE NO 9£iLANO IMPACTS IN iHE PRO.ECi ARFA. MqL lYPES P i SqL NAME IS iHE FLKRIYflE-MOSFORO COMPIf% N11H A 4LN SANO IINIFIm SOIL (YPSSIFlCAPON. ENNRONNENiPl RENEW PNO PERMITS iHERE PRE NO SiORMWh1ER MIIIGAPON NEASIIRES REOI11RE0 AS A RESIILi OF AN ENNRdiMFNiAL, ARCHEOLIXSCAL, OR hGENCY RENEN. iHE FOLLONNG WAIER RELAIFD PERMITS APPLY i0 iH15 PRO.ECi: � INNf50iA PIXLUPON CONiROL A(£NCY - NPOfS/505 LONSiRUCPON PfRMIi �� OfPARiNfNi OF NhiURAL RESOURCfS - PU9l1C WAftRS WORN PQtNIi �� PftNY CARPS OF fNQNf£RS - INOINDUAL PERNIi NO NORN�IN OR BfLOW RIf OROINARY IIIQI WAIER IS NOi PLLONED OURING RIE FOLLONING f%CWSION OAlES: �� Fl511 f%0.USION OhiES - MARCII 15 10 APRIL IS �uPiNE fANiRACttIR SHN1nPLAN FORIANO INPLEMENi APPROPRIh1E CONSiRUC110N PHA4NG, �fCEiAP�£ BIIfFER SiRIPS, Hd2120NiPl 30PE d2A01NG, PND ORIER CONSiRUCPON PRhCllCES i0 NININI]f EROSION. ALL ARFAS NOi ttl 9E OISNRBEO 41ALL BE NPRKm (E.G. Y.1R1 FLAGS, SiAKES, 9GN5, SILi FENCE. EiC.J ON RIE PROJECi SIIE 9EFORE PNT WORK 9EQN5. 2 Pll E%POSm SqL PREhS MUSi BE SiABR12E0 AS SOON AS P05519LE 9Ui IN NO CAg LP1ER iNAN J DAYS PF1ER iNE CONSiRUC110N ACPNtt IN iNAi PORPON OF RIE SIIE HAS lE}IPORARILY IXt PQtNPNENiLT CFA4D. ]. iNE CONiRACttIR MUSi SiABILIZE iNE NORNAL N£iTm PERIMEiQt OF ANY IENPORPRY IXt PQtNPNENi ORNNACE OITpI IXt SNALE iHAi ORNNS WAIER FRON ANT PORPON OF iNE CONSiRUC110N 91E OR OIYERIS WAIER PROUNO iNE SIIE. MiNIN R00 LINEAL FE£i FRON iNE PROJECi mGE IXt FRON iNE PqNi OF ANY OISp1ARGE INiO ANT 9JRFhCE Wh1ER. SiPHIll2hilON MiNIN iHE LASi 200 LINEAL FEEi MUSi 9E CONPIfim Y.IRIIN ]4 HOURS PFiQt CONNECIINC i0 h SURFACE NA1ER. 4. PIPE WRETS NUSi Hh�E IENPORPRY IXt PQtNPNENi ENERCY 0159PAPON 9EFORE CONNECIINC i0 A AIRFACE WAIER. 5. NHEN P059B1f. ALL 40PE5 MUSi 9E CRPDEO IN SUCH A Fh5HI0N 50 iNhi iRhQ(INC NARKS MAOE FROM HEhVY EWIPNENi PRE PQtPEN01Q1LAR i0 RIE SLOPE. Pll AREhS DIS111RBm OIIRINC CONSiRI1CPON NIlSi BE RESiORED AS OEiNIfO IN iHESE REWIRE}IENiS. h NININUM OF 8" OF i0PS01L MUSi BE INSiALIfO PRIOR i0 PERNANENi RESiORAlION. AREhS IN lHld iHE i0P SOIL HhS BEFN PLACm PNO FINI91 GRP➢EO OR PREhS iHAi Hhb£ BFFM OIS111RBE0 ANO ARE NOi ACP�ELY UNOER CONSiRIICPON MIlSi BE SOOOEO OR S�EO ANO NllLtllm Y.11HIN ) OhYS OF iHE AREh NOi BONG ACP�£LY NORKm.ALL EROSION fANiROL MFASURES SHALL BE MNNiNNm FOR iHE 011RhilON OF iHE PRQIEM IINiIL FlNAL SiABR12h110N HhS BEFN Atl11E�ED.IF CONSiRUC110N OPERAlI0N5 OR NA�IIRPL lliNiS OPMAGE OR INIERFFRE WiH ANY ER040N CONiROL MEASIIRES, iHEY SHPll BE RESiORm i0 SERYE iHEIR INIENOEO NNCPON. 8. P➢OIPONAL EROSION CONiROL MEASURES 91ALL BE AOOm hS NECESSPRY i0 EFFECIIYELY PROIECi iHE Nh111RAL RESOURCES OF iHE tliY. iHE IENPORPRY PNO PERNANENi EROSION CONiROL PLPNS SHALL BE RENSEO h5 NFEOEO BASm ON IXIRRENi SIIE CONDIPONS PND i0 COMPLY N11H Pll APPLICABIf REOIIIRENENiS. �uPSE01NENi CONiROL PRACIICES MUSiSBE ESiPBLISHED ON Pll OONN GRADIFNi PERINEIERS BFFORE ANY IIPGRA01ENi LANO OISiRUBING hC11NiIES BEtlN. iHESE PRhC11fE5 MIlSi RENNN IN PLACE UNPL FlNPL SiABILIZAlION HAS BEEN ACHIEYID. ]. IF 00`M! CRP➢IENi iREhiNENi SYS1E}I IS ONELOEOEO AOOI110NPL IIP CRAOIENi SEDIMFNi CONiROL PRhCiICES NIISi BE INSiN1ED i0 FLNINAIE O�ERLOAOING iHE SNPPP MIlSi BE ANENOED i0 IOENPFY iHE AOOIiIONAL PRACPCES. ]. Pll SiORN ORAIN INLEiS NIlSi BE PROIECim BY APPROYID BMPS OIIRING CONSiRUC110N IlN11L ALL POlEN11AL SWRfES FOR OISCHPRGE HA�£ BEEN SiABILIZm. iHESE OENfES MIlSi BE NNNiNNm IINiIL FlNAL SiABR12h110N IS ACHIEYID. INlfi PROIECPON NhY BE RENOb£0 IF A SPEtlFlC SPFEtt CONfERN (SiREEi fL0001NC/fREE➢NG) HAS BEEN IDENPFIED. 4. IENPORPRY SiIXS(PIIfS MIISi HhK 9Li FENCE IXt O1NER EFfEC11YE SmINENi CONiROLS ON iNE 001n CRAOIENi 90E OF iHE SiOCKPRf ANO SHPll NOi BE PLACm Ai lfASi RS FEEi fROM RIE ROAO, N£RPNO, PROIECim WAIER, ORAINAGE QIPNNEL, IXt STIX1MWh1ER INIf15. SttICNPILES LEFi FIXt NIXtE RIAN ) OAK NUSi BE SiPBIl12ED N11N MIlL01, YECEiAPON, iPRPS OR OiHER MPRO�fD NEPNS. 5. KHICLE iRACKINC OF g01MENi fROM iNE PROJECi SHN1 BE NINIMIIED BY MPROYEO 9MP5. iNESE SHALL BE INSiN1fD PND MAINiAINEO Ai iHE Ott APPROYID ENiRANCES. 8. SEOINENi RIAi Hh5 NA41E0 OR iRACKEO fRIXA RIE 91E BY EWIPMENi SHN1 BE IXEPNEO FRON PAYID AIRFACES iNRWCHWi iNE OURh110N OF carvsmucnarv. J. SILi FENCfS OR ORIER MPRO�£0 4DIMENi CONiROL OENCES SHN1 BE REONREO ALpiG iNE 0.1RB LINE E%CEPi FOR MPROYEO OPENINCS NHQtE CONSiRUCllpi ENiRPNCES WLL 9E INSiPLlEO OR ORAINhCE R0�5 AWhY FRON RIE CIlR9. iNEg OENCES MUSi BE NAINiAINED UNPL FlNPL SiA911JZAPON IS ACHIE�£0. 8. OUSi CONiROL NEh511RE5, SIICH AS MPl1CAllpi OF WAIER MUSi BE PERFIXtNED PQ8001CALLT OUE ttl N£hORIER, CONSiRIlC110N ACPNtt, PND/OR AS OIRECIED BY RIE CIiY. 9. FlAWS fROM OI�fR510N pIPNNEIS qt PIPES NUSi BE ROUim i0 4DIMENiAlION 9h51N5 OR APPROPRIAIE ENERGY OISSIPAlERS ttl PRE�fNi RIE iRPN�ORi OF SmINENi ttl OUIRON OR LAIERAL CON�EYORS PNO PREYflii EROSION ANO SmINENi 9UILOUP lHEN RUNOFF FLONS INttI iNE CONYEFORS. 10. Pll SEDINENi CONiR0. NEASURES SHALL BE USEO ANO NAINiAINEO FOR iNE OURAPON OF iNE PROJECi UNPL FlNAL SiPBIll2hilON.IF CONSiRUC110N OPERAlI0N5 OR NANRPL EKNiS OPMAGE qt IN1ERfERE WiH ANY Q109pi Cpi1ROL MEA9JRE5, iNEY MUSi 9E RESiORm ttl gR�£ iNEIR IN1ENOm NNCPON. II. PDOIPONAL SmINENi Cpi1ROL MEA9JRE5 SHN1 BE AOOEO AS NECESSARY ttl EFFECII�ELT PROIEGi iNE NANRAL RESWRCES OF iNE Qtt. iNE IENPORPRY PNO PERNANENi EROSION CONiR0. PLPNS SHALL BE RENgO h5 NEEOEO BASm ON QIRRENi SIIE CONDIPONS PND ttl COMPLY N11N Pll APPLICA9lf REQUIRENENTS. x.� iHE fANiRACiOR SHN1 BE RESPONSIBIf FOR INSPECiING ANO NAINIENPNCE OF iHE BMPS ]. iHE fANiRACiOR MUSi ROIl11NFlY INSPECi iHE LONSiRIILPON PRQIEM ONCE E�£RY SEYfli OAK OIIRING AC11YE CONSiRIICiION nrvo vnnnry u HOIIRS OF A RAINFALL EYENi OF 0.5 INLHES OR GREAIER IN ]4 HOIIRS. ]. Pll INSPEL110N5 ANO NNNIENANCE fAN011L1E0 OIIRING CONSiRIlL110N NUSi BE REfARDm IN NRIPNG PNO MIISi BE REiAINEO ONSIIE Mi iHE SNPPP. REfARDS OF Ehtll INSPEC110N PNO MNNIENPNfE hCiIVI1V SHN1 INLWOE: ].I. OAIE ANO PME OF INSPEC110N ].2. NANE OF PERS�N(S) CONOIICPNG iNE INSPEC110N5 ].3. FlNOINGS OF INSPEC110NS, INCLUOING RECONNENOAlI0N5 FOR CIXIRECP�f AC110N5. ].4. Cd2REC11YE hC110N5 iAKENQNCW0ING OAlES. PNES, ANO RIE PARiT COMPIfPNG MAINIENANCE ACPNllES) ].5. OAIE ANO ANOUNi OF RNNFPLL EYENTS 0.5 INCHES OR GREAIER IN 24 HdlRS. ].6. OOq1NENiAPON OF CHPNCES NP➢E ttl iNE 5`MPP. Pll EROSIdi PN� SmINENi CONiROL BMPS SHPll BE INSPECIED i0 ENSURE INIEGRItt PN� EfFECP�£NESS. ALL NONNC110NP1 BNPS 41ALL BE 4 REPAIRm, REPIACE�, dt SUPPLWENIEO NiN A NNC110NPL BNP. U51 COMPLv WI1H ALL O1HER POLLUIION PREVENIION/G00� HOUSEKEEPING REOUIFEMENIS IN 1HE MPCA NP�ES IXlN51FUC1lON ALL�WABLf NON-SipRMWAifR �ISCHARGES. AS �fFINf� BY 1Hf GfNfRAL PfRMIT. ARf LIMITED 10 �fWATfRING AN� BASIN �RAINING. DEWATERING OR BASIN DRAINING 1HA1 MAY HAVE 1URB1� OR SEDIMENI LA�EN �ISCHARGE WA1ER MUS1 BE �ISCHARGED 10 A iEMPORARY OR PfRMANENT SEDIMfN1ATI0N BASIN ON THf PR�JfCT SiE WHENfVfR POSSIBLE. IF 1Hf WATfR CANNOi Bf �ISCHARGED i0 A SEDIMEN1A710N BASIN PRIOR i0 ENTERING THE SURFACE WATER,Ii MUS1 BE iREA1ED W11H 1HE APPROPRIAiE BMPS, SUCH 1HAT iHE DISCHARGf �OfS NOi ADVfRSfLY AFFfCT THE RECfIVING WAiER OR �OWNS1RfAM LAN�OWNfRi iHE G�NiRACiOR M1151 fNSURf iHA1 DISCNARGE POINTS DISPERSED OVER NAlURAL ROCK RIPRPP, SAND BAGS, PLASiIC SNEEIING OR OTNER ACCEPIED ENERGV �ISSIPATION MEASl1Rf5. A�f�UAlf Sf�IMENiA710N CONiROL MEASURfS ARf RfOUIRf� FOR �ISCHARGf WATER iHAi CONTAINS Sl1SPENDED SOLIDS. ALL WATER FROM DEWAiERING OR BASIN DRAINING M11S1 9E �ISCHARGEO IN A MANNER iHAi DOES NOT CAIISE NwsnNce coNoirioNs. eeasiaN iN eeceimNe cnnNNe�s oe oN ooams�oPe PeoPerenes. ore iNUNoarioN iN wel�nNos enusiNc SIGNIFICANT ADVERSE IMPACT TO iHE WEILANO. IF 1HE CONIRACTOR ELECIS TO 11TILIZE FILTERS !MiH BACKWASH WA1ER, 1HE CONIRACIOR MUSi HAIIL 1Hf BACKWASH WAifR AWAY FOR �ISPOSAL REil1RN 1Hf BACNWAifR 10 THf BfGINNING OF THE TRfA1MENi PROCESS, OR INC�RPORAlE 1HE 9ACKWASH WATER IN10 iNE SIiE IN A MANNER 1HAT DOES NOT CAUSE EROSION. 1HE CONIRACIOR MU51 REPLACf AN� CLEAN 1Hf FILTfR Mf�IA USf� IN �fWATERING �fNCES WHEN REQIIIRf� 10 RfTAIN A�faVAlf FUNCTION. CONIRACIOR S-IALL OBiAIN A WATER USE (APPROPRIATION) PERMIT FROM 1HE MN �NR FOR �EWAIERING AC11VIiIES THAT WILL !MiNDRAW MORE 1HAN 10,000 GALLONS OF WA1ER PER �AV OR 1 MILLION GALLONS PER YEAR. I.3. PL EROSION PREVENIION AN� SE�IMEN1 IXlN1FOL BMPS (SUCH AS SIL1 FENCES) MUSr BE FEMOVED CS 1INGEN, PE, uNIVEFSItt OF MINNESOIA �ESIGN WPPP (E%PIRES MAv 3'I. 2�23) �� U � � � � W � i � z � � � W U W � � O � � � U � L� C1 �U �tnV♦ �_� WILLIAM H. HOULiON CONSERVATION AREA Graalna Notes: Stnp antl stackpile topsoil (paii in<hes minimum Eepth over tli= ,�_._ ._. __ ......_...,. _ surface ta a m tlepth of 3 in<hes befare placing topsoil. AIl mafenal not utilizetl on this praject shall became the praper[y af [he contrac[ar anE dispaseE af offsite in campliance wi[h applicahle environmental regulations. iemoorary Erosion Con[rol No[es: NI a� as dis[urbeE anE no[ ac[ively unGer cons[�uc[ion mus[ he Lempo�arily seeGed anE SLabilixeE withinc7 Eays of the area not being activey warketl. If ne<essary subsoil antl <amplete oil betl prep in carEanm with Specificatian 2574. SeeE wi[h temparary seetl mix[ure 21—I11 (aa[ cover crap) at a ra[e of 100 Ibs/ac antl stahilize with mlletl erosian preven[ian categary 25. Permanent Veqetatian EsfahlisM1menL NI areas disturbeE by <anstructian will require vegetation establishment. AIl areas tlisturbetl by the ontracror's equlpmen[ or operatlons tMat w not nece sary for tne plannea consnuctlon must be estorea as airectea hy Ne engineer at tMeeconMactors9expense. If not previously completea a part of tMe temporary seeaing ana stahilization, suhsoil ana complete soil bea prep in coraance with Specifiwfion 2574. Existing temparary vegetatian shall be m wetl to a heighF of 4c6 in<hes. If significant weetl infestatian has a rreE, spot treat weetls with herbi<iEe appli<ation 7-10 Eays prlor m seeafng. Seea native seea m x auring fall seeding aates or aurmg wfnter aormant seeamg canEi[ions wi[h a native seeE dfill, a'drap rype seeder, o a hydro s«d<r in <ordance wi[It Specifi<ation 2575. If seeEing into a with previausy installed ralletl e naprevention praduct utilize hytlro seetling methads. If preveaus mlleE e n preven[ian protluc[9installa[ian has not occurrea, complete tMe installation after percnanent native seeaing. � \ .� � �ti �69 �� H J U Q W � � W � � Z�' W W d > C� � Z � Q Y Q U W � W � � � O O w�� X U I� �� L� N V! 0 20 40 Scale 'in Feet Sod maf bench at 86Q0' Toe wc ben Williom H. Houlton Conservation Area Mlssissippi Rlver OHW = 863.3' BFE = 867.6' _� - �- o ,� ��. v � �� U W � � � � � W � i � � � z O O w � U w � Z � O � � } � � � U Y Z Q m r., � i� �� N � P�N viEw 0 20 40 s�aie ��„ Feei �-� - Wilfiam H. Houlton Conservation Area Establish vegetative cover (0.8 ac) See Sheet 2 for temporary and permanent stabilization notes Mississippi River OHW = 863.3' BFE = 867.6' PLAN VIEW �� U w � O � cv�w � > � � � Z O � Y Q � w � U w � z � O Q � } � � � U Y Z Q m r., � i� �� 0 20 40 s�aie ��„ Feei William H. Houlton Conservation Area �o;-;Rr; sg s � bench ot 858.0' Misslssippi River OHW = 863.3' BFE = 867.6' Esiablish vegetative cover (0.8 ac) See Sheet 2 for temporary and permanent stabillzation notes. �� U w � O � r��w � > � � � Z O � Y Q � w � U w � z � O Q � } � � � U Y Z Q m �f 1�U I_ I�� .� �N � P�N viEw � Establlsh vegeta{ive cover (0.8 ac) See Sheet 2 for temporary and permanent stabilization notes. o zo ao t U � Mlssissippi River OHW = 863.3' BFE = 867.6' Wllliam H. Houlton Conservatlon Area �� U w � O � � � w � > � � � Z O � Y } � � Q U w J w � z � O Q � } � � � U Y Z Q m r., � i� �� PLAN VIEW bench at 858.0' Floating Sili Curialn � 0 20 40 s bench at tS5Y5.0 Establish veqetative cover (0.8 ac) Mlssissippi River OHW = 863.3' BFE = 867.6' notes. �� U w � O � �n�w � > � � � Z O � Y Q � w � U w � z � O Q � } � � � U Y Z Q m �� I� �N � Wllliam H. Houlton Conservation Area PLAN VIEW �� 870 860 850 � U w � O � � w � > � z O Y — J UW w � O � � } � � U TYPICAL SECTION � �U s�aie: i�= io� (H), i„ = s� (v), z:i ve C1 � � �� 1. Excavate law bench for wood toe material. Excavate footer trench in lower bench and place footer logs. Proposed low bench Proposed `bankfull bench Approximate base � `flow water level C u t ,, ,( �, � Footer trench � and footer log 1 CROSS SECTION B-B' NTS 2. Place Root wad logs cantilevered over footer logs. Proposed bankfull bench Rootwad Approximate base flow water level 1A PLAN VIEW NTS �� U W �o� J � W Q d � � � Wz � � J p U w °o � '� �o� �r w�� O U � Y Z ¢ m � �U � �N 2 CROSS SECTION GC' 2A PLAN VIEW NTS NTS l]....+�.,...J I.... 3. Place filler material (woody debris) between and on top of the rootwads. Place backfill between filler material and rootwads. Proposed bankfull bench Filler/backfill material ate base °r level 3 CROSS SECTION D-D' NTS 4. Place face logs against the rootwads at similar angles to the footer logs. Backfill in between face logs. Place nan—woven geatextile fabric over backfill. Non—woven Proposed bankfull bench geotextile fabric 1 � � Face log Approximate base flow water level Filler/backfill erial 3A PLAN VIEW NTS Non—woven � aeotextile �� U W � N O � J � W Q d � � � Wz � Q Y � J p U w o w ,� 000 ��r W�� O Y U z ¢ m � �U � �N 4 CROSS SECTION E-E' NTS 4A PLAN VIEW NTS 5. Place a layer of live cuttings over the non—woven geotextile fabric. Live branch layering Approximate base flow water level 5 CROSS SECTION F-F' NTS 6. Install sod mats and layers of cuttings between sod mats up to bankfull stage. Backfill Sod mats Live branch layering Approximate base ` flow water level 6 CROSS SECTION GG' NTS Proposed bankfull bench Non—woven 3eotextile `abric 5A PLAN VIEW n_,.i.�•ii NTS �``�'� Sod mats 6A PLAN VIEW NTS �� U W � � � J � W Q d � � � Wz � Q Y � J p U w ow� 000 ��r w�� O U � Y Z ¢ m � �U � �N 875 _. ._ _�_�_� _ _ 8 70 __ ____ ____ ____ _ __ ____ ___�- ___ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 865 __ ____ ____ ____ ____ ___- ____ _-\-`_ ____ ____ ____ ____ - � ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ - __ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ___` -_-. _ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ _ __,- _ __ ____ ____ ____ ___ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ _ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 2+50 875 8 70 __ ____ ____ ____ _ _ ____ ____ i___ ____ ____ - �� ___ ____ ____ ____ ____ ____ ____ ____ 865 __ ____ ____ ____ ____ ___ ____ __`' ____ ____ ____ ____ - 860 __ ____ ____ ____ ____ ____ ____ _ _ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ___\_._,� _- _- ____ ____ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ \-\_` _�__ ,_ -- ____ ____ ____ ____ _-_. 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ - ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 2+00 875 8 70 __ ____ ____ ____ ___ ____ ___-` ___ ____ ____ - �� ___ ____ ____ ____ ____ ____ ____ ____ 865 __ ____ ____ ____ ____ ____ - __ __\• ____ ____ ____ ____ - � ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ ___ \� ____ ____ ____ ____ - ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ____ -_�`�_ ___ ____ ____ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ �_.___ _-_- -.-_-- ____ ____ ____ -_-_._,— 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ _ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 1+50 875 870 865 860 855 850 845 __ ____ ____ ____ ____ ____ ____ _ �-_ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ ____ ____ ____ ____ ____ ____ ____ ___� -.-__ _ __ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 1+00 875 8 70 — -- _:-,--, --._:_,_. __ ___. ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ \ 865 __ ____ ____ ____ ____ __- ____ __��- ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ �___ ____ ____ ____ ____ - . ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ____ -`_�, ___ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ `_ _ _ _ __-__ _._, ____ ____ ____ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 4+50 875 870 _- ----.---- ----.---- -_--._,-. ,___ ____ ____ - . . � ___ ____ ____ ____ ____ ____ ____ ____ 865 __ ____ ____ ____ ____ __ - ____ _\a_ ____ ____ ____ ____ - 860 __ ____ ____ ____ ____ ____ ____ �___ ____ ____ ____ ____ - ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ -\-\_ _._ ___ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __`_ _ __- ,_._ ____ ____ ____ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 4+00 875 8 70 _. --.-.-.-. --.-._--. ____ ____ ____ ____ ____ - � 865 __ ____ ____ ____ ____ - __ ____ -1�_ ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ___ ____ ____ ____ ____ ____ - ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ \_'_ __� ____ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ -`_ - _ --_, -._ _ ____ ____ ____ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 1 70 1 60 1 50 1 40 1 30 1 20 i l0 1 00 90 80 70 60 50 40 30 20 1 0 0 3+50 875 870 _ ._,_. _-__ __,_ ____ __.-_ ____ ____ ____ ____ - � 865 __ ____ ____ ____ ____ ___ ____ __'_ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ - __ ____ ____ ____ ____ - ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ___` -_. _ __ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _�_ _ __-_ __,_- ____ ____ ____ ____ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ _ ____ ____ 1 70 1 60 1 50 1 40 1 30 1 20 i l0 1 00 90 80 70 60 50 40 30 20 1 0 0 3+00 �� U � � O � � � w Z � � O � Z U � � w U w � w � � � O � � } � � � U � U Z Q m � �U I I �� I� �N .� 875 870 = ,-_ — _,-_ _ .—_ —. _ —_ ._._ __ _�___ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ \ 865 __ ____ ____ ____ ____ ___ ____ ___t ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ - � __ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ __\_ �., _ __ _ 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ _ _ _ _ _ _ —.— __ ._._ —_ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 6+50 875 870 --- ----- ----- ----- —� -- --- `c---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- � 865 __ ____ ____ ____ ____ __ ____ __�� ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ __ ____ ____ ____ ____ - 855 __ ____ ____ ____ ____ ____ ____ ____ __`_ _� � __ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _ _ _ _ _ _ ____ -_— -_-_. ._ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 6+00 875 870 —. ._._. ._,- ,—,—. -. . ._,—. -___ ____ ____ ____ - . .. ___- ____ ____ ____ ____ ____ ____ ____ 865 __ ____ ____ ____ ____ ___ ____ __��c ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ____ ____ ____ - __ ____ ____ ____ ____ - ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ __`_ _v_� - __- ____ - � ___ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ __ - _ _ _ _ ___ _._: _:_ _,_. 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 5+50 875 870 ____ _ ___ ___ - ___- 865 __ ____ ____ ____ ____ ___ ____ __\- ____ ____ ____ ____ - 860 __ ____ ____ ____ ____ ____ ____ _ __ ____ ____ ____ ____ - \ ___ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ ____ ____ ___` �,__ _ __ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ _ _ _ _ '.___. -.-__ ____ _-,_ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 5+00 875 8 70 __ ____ ____ ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _. __. _. ___. 865 __ ____ __ _ ____ _'_ ____ ____ ____ ____ - �� ___- ____ ____ ____ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ___ ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ __\_ _�._ ___- ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ __ - _ _.___ __ _.- __ ---_ -___ ._. _ __ _-__ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 8+50 875 8 70 -- ---- ---- ---- ---- ---- ---- - ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 865 - _ _ _ - _ _ � ___ ____ ____ ____ - . ___ ____ ____ ____ ____ ____ ____ ____ ____ ____ � 860 __ ____ ____ __ �_ ____ ____ ____ ____ ____ - 855 __ ____ ____ ____ ___`�_�. :_ _ ____ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ -_ .___ __ -._ __ __ -._ —. __. _._. _-__ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 8+00 875 8 70 __ ____ ____ ____ ____ ____ - — _. __. __ _ _ 865 __ ____ _ _ ____ ____ �___ ____ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ ____ � 860 __ ____ ____ ____ - __ ____ ____ ____ ____ ____ - � ___ ____ ____ ____ ____ ____ ____ � 855 __ ____ ____ ____ ____ __�_ __._.__ _ ____ ____ ____ - �_ ___ ____ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ ____ _____ _ _ _ __ __ _ _ _ __ _ _ _-, ___. ___ _—__ 84 5 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 7+50 875 870 '. ._._ .__._ . . . -r __ ___ - _ ___ 865 __ ____ ____ ____ ____ ___- ___\.t___ ____ ____ ____ - 860 __ ____ ____ ____ ____ ____ _ � _ ____ ____ ____ ____ - 855 __ ____ ____ ____ ____ ____ ____ ___\ __,� __ _ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ _ _ _ _ _ _ _ _ �_ —. __ _ — —_ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 7+00 �� U w � N O � � w Z � � � z � � � Y U � w U w � w � � � O � O � � � � U U Y Z Q m � �U � I� �N .�a a�o _ ___ - - 865 __ ____ ____ - __ ____ '___ ____ ____ ____ - � ___ ____ ____ ____ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ ___ ____ ____ ____ ____ - 855 __ ____ ____ ____ ____ ____ -\�}__ ___ - 850 __ ____ ____ ____ ____ ____ ____ _____ ___ _ __ __ _ _ _ __ __ _-_-, ___ _._ ___-,-_ _ __ __ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 10+50 870 865 -_ _ _ ____ - __ ____ ,�__- ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ �\ 860 __ ____ ____ ____ ___ � ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ____ �..__ ___ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ __ - _ _ - _ - _ _ _ _-, ___. ._ ___- __ _ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 10+00 870 __—_ 865 -_ _-_- _ _ ___ ____ 1___ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 860 __ ____ ____ ____ __ `- ____ ____ ____ ____ - ___ ____ ____ ____ ____ ____ ____ ____ 855 __ ____ ____ ____ ____ ___`�___ __ - ____ ____ ____ ____ ____ ____ ____ ____ - 850 __ ____ ____ ____ ____ ____ ____ ____ ___ _ __ __ _ _ _ __ __ _ _ _ _ ___ _ _ .__ _, _ _ __ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 9+50 870 ___ __-_ 865 _ ____ ____ ____ ____�___- ____ ____ ____ - 860 __ ____ ____ ____ _ _ ____ ____ ____ ____ - � 855 __ ____ ____ ____ ____ ____ _'.— _- _- ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 850 __ ____ ____ ____ ____ ____ ____ ____ __ - _ _ - _ - _ _ _ _ _ __- — __ —_ ._ __ —. __ _ _ 845 __ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 170160150140130120110100 90 80 70 60 50 40 30 20 10 0 9+00 �� U w � � O � � w Z � � � z � � � Y U � w U w � w � � � O � O � � � � U U Y Z Q m � �U � I�� I�I �N .�a