4.10 SR 10-16-2023
Request for Action
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
Consent Agenda October 16, 2023 Seth Calvin, IT Manager
Item Description Reviewed by
Accept Bid for East Fiber Loop Extension Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the low bid from TD & I Cable Maintenance and authorize the execution of a contract with
$605,587.25 for the construction of the east fiber extension project. We accept the alternates A1 - the Johnson
Tower lateral = $42,465.00, A2 - the Auburn Tower lateral = $26040.00, A3 – connection to wells 7,8,9 =
$79,444.00, A4 – Trott Brook Park lateral = $5,250.00, A5 – Hillside Park lateral = $11,872.00. We are rejecting
the alternate A6 – deduct to 96 strands as it is not cost-beneficial.
Background/Discussion
The City of Elk River, Elk River Municipal Utilities, and the School District 728 are in partnership to create a fiber
loop extension to help connect to resources on the east side of Hwy 169.
Financial Impact
rds rd,
The city will pay 2/3of the cost at $403,724.83 of the base bid. ERMU will pay for the other 1/3 and the
school district will buy from us the strands that they need. The school district thinks they will need 6 strands at
$25,232.80.
Mission/Policy/Goal
Responsible for every dollar – good stewards
Attachments
Bid Tabulation
Public Bid Notice
Contract
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
City of Elk River Fiber Extension (#8667862)100%
Owner: Elk River MN, City of
Solicitor: Elk River MN, City of
10/02/2023 02:30 PM CDT$25,232.80
$4,205.47
Engineer EstimateTD & I Cable MaintenanceCastrejon IncorporatedComLink Solutions LLCMichels Power, Inc.MasTec North America Inc
Section TitleLine ItemItem CodeItem DescriptionUofMQuantityUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionUnit PriceExtensionUnit PriceExtension
1$0.00$605,587.25$641,874.38$717,493.29$973,179.83$2,182,793.02
Alternate$0.00$154,673.36$160,703.53$300,853.17$359,124.83$902,991.16
A11JOHNSON TOWER LATERALLS1$42,465.00$42,465.00$44,073.52$44,073.52$70,653.23$70,653.23$102,223.76$102,223.76$219,107.15$219,107.15
A22AUBURN TOWER LATERALLS1$26,040.00$26,040.00$62,764.03$62,764.03$47,490.73$47,490.73$66,375.98$66,375.98$165,184.92$165,184.92
A33WELLS 7,8,9LS1$79,444.00$79,444.00$6,156.27$6,156.27$121,238.39$121,238.39$178,972.09$178,972.09$398,622.79$398,622.79
A44TROTT BROOK KPARK LATERALLS1$5,250.00$5,250.00$10,617.31$10,617.31$11,595.00$11,595.00$0.00$0.00$53,108.15$53,108.15
A55HILLSIDE PARK LATERALLS1$11,872.00$11,872.00$10,617.31$10,617.31$14,749.90$14,749.90$11,553.00$11,553.00$66,968.15$66,968.15
A6696 STRAND DEDUCTLS1($10,397.64)($10,397.64)$26,475.09$26,475.09$35,125.92$35,125.92$0.00$0.00$0.00$0.00
Base Bid Total:$0.00$605,587.25$641,874.38$717,493.29$973,179.83$2,182,793.02
Specifications
for
East Fiber Extension
City of Elk River, Minnesota
October 2023
CERTIFICATION PAGE
Plans and Specifications
for
East Fiber Extension
City of Elk River, Minnesota
October 2023
I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and
that I am a duly licensed Professional Engineer under the laws of the State of Minnesota.
Justin Femrite, P.E.Date
Reg. No.44658
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1051
Fax: 763.635.1090
TABLE OF CONTENTS
ADVERTISEMENT FOR BIDS ........................................................................................................................ 00100-1
INFORMATION FOR BIDDERS .................................................................................................................... 00200-1
BID FORM .............................................................................................................................................................. 00400-1
BID BOND ............................................................................................................................................................. 00430-1
NOTICE OF AWARD ......................................................................................................................................... 00510-1
AGREEMENT ....................................................................................................................................................... 00520-1
NOTICE TO PROCEED .................................................................................................................................... 00550-1
PERFORMANCE BOND ................................................................................................................................... 00610-1
PAYMENT BOND ............................................................................................................................................... 00615-1
CONTRACT CHANGE ORDER ..................................................................................................................... 00671-1
INTERNAL REVENUE FORM IC-134 .......................................................................................................... 00672-1
CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................................................... 00673-1
CONTRACTOR'S AFFIDAVIT ........................................................................................................................ 00674-1
GENERAL CONDITIONS ................................................................................................................................ 00700-1
SUPPLEMENT TO GENERAL CONDITIONS .......................................................................................... 00800-1
TECHNICAL SPECIFICATIONS
Division S ..........................................................................................................................................................................
S-1
PLAN DRAWINGS
East Fiber Loop Google Earth File
East Fiber Extension
Elk River, Minnesota
SECTION 00100
Advertisement for Bids
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Separate sealed BIDS for the construction of East Fiber Extension will be received at the office of
the City of Elk River, 10635 Orono Parkway, Elk River, MN 55330 until 2:30 p.m.local time, on
Monday, September25, 2023,and then at said office publicly opened and publically read. The city
will not accept telephone, facsimile, or email bids under any circumstances.
The Work for the said improvements, as required by the Contract Documents, is generally described
as follows:
Design/Build East Fiber Extension.
Approximately 22,870 Feet of New Underground Fiber with 3 Conduits
Approximately 1,873 Feet of Fiber in Existing Conduit
Approximately 12,596 Feet of Aerial Fiber
All Fiber to be Single Mode
The Bidding Documents including proposal forms, specifications, plans, etc., may be examined at
the following locations:
City of Elk River, 13065 Orono Parkway, Elk River, 55330
Electronic Bidding Documents may be purchased from the office of the City Clerk, 13065 Orono
Parkway, Elk River, MN 55330. The cost for the documents is $25.00. Cash and checks made
payable to the City of Elk River are accepted. Include official email address with delivery of check
for distribution of electronic plans.
Each bid must be accompanied by a bid bond payable to the City of Elk River for 5%of the total
amount of the bid. The City Council reserves the right to reject any and all bids and to waive any
bids received without explanation. No bid may be withdrawn for a period of forty-five (45) days.
The city has designated an alternative method for the solicitation of bids and requests for proposals.
The designated alternative method is the City of Elk River website at: www.elkrivermn.gov. Click
on Bid Posting.
Justin Femrite
CityEngineer
End of Section
Advertisement for Bids 00100- 1
East Fiber Extension
Elk River, Minnesota
SECTION 00200
Instructions to Bidders
BIDS will be received by City of Elk River(herein called the OWNER), at City Hall,
13065 Orono Parkway, Elk River, MN 55330 until 2:30p.m. localtime, on Monday, September
25, 2023,and then at said office publicly opened and read aloud.
Each BID must be submitted in a sealed envelope, addressed to the City Clerk’s Office at
City Hall, 13065 Orono Parkway, Elk River, MN 55330. Each sealed envelope containing a BID
must be plainly marked on the outside as BID for EastFiber Extension and, the envelope should
bear on the outside the name of the BIDDER, their address, license number if applicable, and the
name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope
containing the BID must be enclosed in another envelope addressed to the OWNER at the same
address.
All BIDS must be made on the required BID form. All blank spaces for BID prices must
be filled in, in ink or typewritten, and the BID form must be fully completed and executed when
submitted. Only one copy of the BID form is required. No faxed bids will be accepted.
The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any
BID may be withdrawn prior to the above scheduled time for the opening of BID S or authorized
postponed thereof. Any BID received after the time and date specified shall not be considered. No
BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should
there be reasons why the contract cannot be awarded within the specified period, the time may be
extended by mutual agreement between the OWNER and the BIDDER.
BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID
Schedule by examination of the site and a review of the drawings and specifications including
ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a
misunderstanding concerning thequantities of WORK or of the nature of the WORK to be done.
The OWNER shall provide to BIDDERS prior to BIDDING, all information which is
pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be
acquired.
The CONTRACT DOCUMENTS contain the provisions required for the construction of
the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any
other person shall not affect the risks or obligations assumed by the CONTRACTOR, or relieve
them from fulfilling any of the conditions of the contract.
Each BID must be accompanied by a BID bond payable to the OWNER for five percent
of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will
return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is
executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID
Instructions to Bidders 00200 - 1
East Fiber Extension
Elk River, Minnesota
BOND of the successful BIDDER will be retained until the payment BOND and performance
BOND have been executed and approved, after which it will be returned. A certified check may be
used in lieu of a BID BOND.
A performance BOND and a payment BOND, each in the amount of 100 percent of the
CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the
faithful performance of the contract.
Attorneys-in-fact who signs BID BONDS or payment BONDS and performance BOND S
must file with each BOND a certified and effective dated copy of their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and
obtain the performance BOND and payment BOND within ten (10) calendar days from the date
when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be
accomplished by the necessary Agreement and BOND forms. In case of failure of the BIDDER
to execute the Agreement, the OWNER may at their option consider the BIDDER in default, in
which case the BID BOND accompanying the proposal shall become the property of the
OWNER.
The OWNERS within ten (10) days of receipt of acceptable performance BOND, payment
BOND, and Agreement signed by the party to whom the Agreement was awarded shall sign the
Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER
not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE
withdraw their signed Agreement. Such notice of withdrawal shall be effective upon receipt of the
notice by the OWNER.
The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the
Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot
be issued within such period, the time may be extended by mutual agreement between the OWNER
and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten (10)
day period or within the period mutually agreed upon, the CONTRACTOR may terminate the
Agreement without further liability on the part of either party.
The OWNER may make such investigation as they deem necessary to determine the ability
of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such
information and data for this purpose as the OWNER may request. The OWNER reserves the
right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to
satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the
Agreement and to complete the WORK contemplated therein.
A conditional or qualified BID will not be accepted. The award will be made to the lowest
responsible BIDDER. The Owner reserves the right to reduce the quantities of the project after
the BID and before AWARD of the contract to meet budget. Such adjustments will be made by
reducing the quantities at the BID prices.
Instructions to Bidders 00200 - 2
East Fiber Extension
Elk River, Minnesota
All applicable laws, ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the PROJECT shall apply to the contract throughout.
Any BIDDER or subcontractor to a BIDDER that does not meet the minimum criteria
established for a “responsible contractor” as defined in Minn. Stat. §16C.285, subd. 3, or fails to
verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a
contract for the PROJECT or to perform work on the PROJECT.
Responding BIDDERS shall submit to the OWNER, on the form attached, a signed
statement under oath by an owner or officer verifying compliance with each of the minimum criteria
in Minn. Stat. §16C.285, subd. 3, at the time that it responds to this solicitation document.
Each BIDDER shall submit to the OWNER, upon request, copies of the signed
verifications of compliance from all of the bidder’s subcontractors.
A false statement under oath verifying compliance with any of the minimum criteria shall
make the BIDDER or subcontractor that makes the false statement ineligible to be awarded a
contract and may result in termination of a contract awarded to a BIDDER or subcontractor that
submits a false statement.
Each BIDDER is responsible for inspecting the site and for reading and being thoroughly
familiar with the CONTRACT DOCUMENTS. The failure or omission of the BIDDER to do
any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to the
BID.
The low BIDDER shall supply the names and addresses of major material SUPPLIERS
and SUBCONTRACTORS when requested to do so by the OWNER.
End of Section
Instructions to Bidders 00200 - 3
East Fiber Extension
Elk River, Minnesota
SECTION 00400
Bid Form
Contract Identification: EAST FIBER EXTENSION
City of Elk River
This Bid Is Submitted To: City of Elk River, 13065 Orono Parkway, Elk River, MN 55330
The proposal of TD & I Cable Maintenance ____________
(hereinafter called BIDDER), organized and existing under the laws of the State of Minnesota
doing business as TD & I Cable Maintenance , to the City of Elk River(hereinafter called
'OWNER').
In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all
WORK for the construction of EAST FIBER EXTENSION in strict accordance with the
CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID each
party thereto certifies as their own organization, that this BID has been arrived at independently
without consultation, communication, or agreement as to any matter relating to this BID with any
other BIDDER or with any competitor.
BIDDER hereby agrees to commence WORK under this contract on or before a date to be
specified in the contract special provisions. BIDDER further agrees to pay as liquidated damages,
the sum of $600 for each consecutive calendar day thereafter as provided in Section 15 of the
General Conditions.
BIDDER acknowledges receipt of the following ADDENDUM:
Addendum No. Addendum Date
1 9/29/2023
Name of person representing BIDDER who inspected site of proposed work:
Name: _______________________________ Date of Inspection: _________________
* Insert "a corporation,” "a partnership,” or "an individual" as applicable.
Bid Form 00400 - 3
East Fiber Extension
Elk River, Minnesota
Respectively Submitted:
____________________________________
Signature Company
Title Address
License Number
(Seal – If bid is by a Corporation)
Date
Attest Phone/Fax
Fax
Bid Form 00400 - 3
East Fiber Extension
Elk River, Minnesota
Bidder’s Verification of Compliance
The undersigned, being first duly sworn, as Bidder on the Project, represents and swears as
follows:
Now, and at all times during the duration of the Project, the undersigned complies
with each of the minimum criteria in Minn. Stat. § 16C.285, subd. 3, the Responsible
Contractor statute.
The undersigned understands that a failure to meet or verify compliance with the
minimum criteria established for a “responsible contractor” as defined in Minn. Stat. §
16C.285, subd. 3 renders a bidder ineligible to be awarded a construction contract for the
Project or to perform work on the Project.
Upon request, the undersigned will submit copies of the signed verifications of
compliance from all subcontractors.
The undersigned understands that a false statement under oath verifying compliance
with any of the minimum criteria shall make the undersigned or its subcontractor that makes
the false statement ineligible to be awarded a construction project and may result in
termination of a contract awarded to a the undersigned or its subcontractor that submits a
false statement.
Bidder:
TD & I Cable Maintenance
By:
Its:
End of Section
Bid Form 00400 - 3
East Fiber Extension
Elk River, Minnesota
SECTION 00430
Bid Bond
Bidder (Name and Address):
_ TD & I Cable Maintenance _____
_748 Exchange Dr._______________
_Hudson, WI 54016______________
Surety (Name and Address of Principal Place of Business):
Owner (Name and Address):
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Bid
Bid Due Date: Monday, September 25, 2023
Project: East Fiber Extension
Bond
Bond Number:
Date:
Penal Sum:
(Words) (Figures)
KNOW ALL MEN BY THESE PRESENTS, which we, the undersigned,
as Principal,
as Surety, are hereby held and firmly bound unto City of Elk River as OWNER in the penal sum
of
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves,
successors and assigns.
Signed, this day of , 2023. The Condition of the above
obligation is such that whereas the Principal has submitted to the City of Elk River a certain BID,
attached hereto and hereby made a part to enter into a contract in writing, for the East Fiber
Extension Project.
NOW THEREFORE,
BID BOND 00430 -1
East Fiber Extension
Elk River, Minnesota
a)If said BID shall be rejected, or
b) If said BID shall be accepted and the Principal shall execute and deliver a contract in
the Form of Contract attached hereto (properly completed in accordance with said
BID) and shall furnish a BOND for his faithful performance of said contract, and
for the payment of all persons performing labor or furnishing materials in
connection therewith, and shall in all other respects perform the agreement created
by the acceptance of said BID, then this obligation shall be void, otherwise the same
shall remain in force and effect; it being expressly understood and agreed that the
liability of the Surety for any and all claims hereunder shall, in no event, exceed the
penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its
BOND shall be in no way impaired or affected by any extension of the time within which the
OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals,
and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the day and year first set forth above.
(L.S.)
Principal
Surety
By:
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all
partners should execute Bond.
Important: Surety companies executing Bonds must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
End of Section
BID BOND 00430 -2
East Fiber Extension
Elk River, Minnesota
SECTION 00510
Notice of Award
\[Certified Mail – Return Receipt Requested\] Date:
To:
Contract: East Fiber Extension
OWNER’s Contract No.
You are notified that your Bid dated September 25, 2023, for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for the East
Fiber Extension Project.
The Contract Price of your Contract is
__ $770,658.25
Three copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within 15 days of the date you receive
this Notice of Award.
1. Deliver to the OWNER three fully executed counterparts of the Contract Documents.
2.Deliver with the executed Contract Documents the Contract Security (Bonds) as specified
in the Instructions to Bidders and General Conditions (paragraph 22) and Supplemental
Conditions (paragraph SC-22).
3. (List other conditions precedent).
Failure to comply with these conditions within the time specified will entitle OWNER to
consider
your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one
fully executed counterpart of the Contract Documents.
Notice of Award 00510 - 1
East Fiber Extension
Elk River, Minnesota
City of Elk River
(OWNER)
By:
Mayor
End of Section
Notice of Award 00510 - 2
East Fiber Extension
Elk River, Minnesota
SECTION 00520
Agreement
THIS AGREEMENT, made this _____day of ___________, 2023, by and between the City of
Elk River(hereinafter called OWNER) and TD & I Cable Maintenance(hereinafter called
CONTRACTOR).
WITNESSETH: That for and in consideration of the payment and agreements hereinafter
mentioned:
1. The CONTRACTOR will commence and complete the construction of the East Fiber
Extension Project.
2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor
and other services necessary for the construction and completion of the PROJECT described
herein.
3. The CONTRACTOR will commence the work required by the CONTRACT
DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will
complete as specified in the CONTRACT DOCUMENTS.
4. The CONTRACTOR agrees to perform all of the WORK described in the
CONTRACT DOCUMENTS and comply with the terms therein for the sum of
__$770,658.25_________________.
5. The Term "CONTRACT DOCUMENTS" means and includes the following:
(A) Advertisement for BIDS
(B) Information for BIDDERS
(C) BID FORM
(D) BID BOND
(E) Agreement
(F) General Conditions
(G) Performance BOND
(H) Payment BOND
(I) NOTICE OF AWARD
Agreement 00520 - 1
East Fiber Extension
Elk River, Minnesota
(J) NOTICE TO PROCEED
(K)CHANGE ORDER
(M) PLANS
(N) ADDENDA:
Addendum No. Addendum Date
1 _ 9/29/2023___
6. The OWNER will pay to the CONTRACTOR in the manner and at such times set
forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto
have executed, or caused to be executed by their duly authorized officials, this Agreement in
triplicate, each of which shall be deemed an original on the date first above written.
8. This contract may be terminated by the OWNER at any time upon discovery by the
OWNER that the prime contractor or subcontractor has submitted a false statement under oath
verifying compliance with any of the minimum criteria set forth in Minn. Stat. § 16C.285, subd. 3.
Agreement 00520 - 2
East Fiber Extension
Elk River, Minnesota
OWNER
City of Elk River
By:
City Clerk
(SEAL)
Attest:
Name
(Please Type)
Title
CONTRACTOR
By: ______________________________________
Name
(Please Type)
Address: ________________
________________
Telephone: ___________________________
(SEAL)
Attest:
Name
(Please Type)
Title
End of Section
Agreement 00520 - 3
East Fiber Extension
Elk River, Minnesota
SECTION 00550
Notice to Proceed
Date: __ ____
To:
Contract: East Fiber Extenstion
Owner’s Contract No.
You are notified that the Contract Times under the above contract will commence to run on
October 18, 2023. By that date, you are to start
performing your obligations under the Contract Documents. In accordance with Article 3 of the
Agreement, the dates of Substantial Completion are October 1, 2024 , and
the date of readiness for final payment isNovember 19, 2024
.
Before BIDDER may start any Work at the Site, they must comply with paragraph 21 of the
General Conditions, which require you to deliver to the Owner, with copies to Engineer, Certificates
of Insurance, which each is required to purchase and maintain in accordance with the Contract
Documents.
City of Elk River
(OWNER)
By:
Mayor
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
, this the day of , 2023.
By
Title
End of Section
Notice to Proceed 00550 - 1
East Fiber Extension
Elk River, Minnesota
SECTION 00610
Performance Bond
Bond No. ___________________
KNOW ALL PERSONS BY THESE PRESENTS; That
____________________________________
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, in the aggregate penal sum of
_______________________________________in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the ______day of _______, 2023, a copy of which is hereto attached
and made a part hereof, for the construction of East Fiber Extension, generally described as
follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW THEREFORE, if Contractor well, truly and faithfully performs its duties, all the
undertakings, covenants, terms, conditions, and agreements of said contract during the original
terms thereof, and any extensions thereof which may be granted by Owner, with or without notice
to Surety, and during the Two (2) year(s) guarantee and maintenance period, and if it satisfies all
claims and demands incurred under such contract, and fully indemnifies and saves harmless the
Owner from all costs and damages which Owner may suffer by reason of its failure to do so, and it
Performance Bond 00610 - 2
East Fiber Extension
Elk River, Minnesota
reimburses and repays Owner all outlay and expense which Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to Work to be
performed thereunder or the Contract Documents accompanying the same shall in any way affect its
obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment
to the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor
and Surety to the full and faithful performance of the Contract as so amended. The term
“Amendment,” wherever used in this Bond, and whether referring to this Bond, the Contract, or the
Loan Documents shall include any alteration, addition, extension, or modification of any character
whatsoever.
PROVIDED, FURTHER, that no final settlement between Owner and Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Performance Bond 00610 - 3
East Fiber Extension
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: CONTRACTOR AS PRINCIPAL:
By By
Attorney-in-Fact
(Address) (Address)
ATTEST: ATTEST:
(Surety) (Contractor as Principal)
\[SEAL\]
\[SEAL\]
(Witness as to Surety) (Witness as to Contractor as Principal)
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership, all
partners should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current
list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
End of Section
Performance Bond 00610 - 4
East Fiber Extension
Elk River, Minnesota
SECTION 00615
Payment Bond
Bond No. ___________
KNOW ALL PERSONS BY THESE PRESENTS; That ________________________________
a (corporation, a partnership, or an individual), hereafter called Contractor, and
(Name of Surety)
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto
City of Elk River
13065 Orono Parkway, Elk River, MN 55330
hereinafter called Owner, and unto all persons, firms and corporations who or which may furnish
labor or materials, as defined in Minnesota Statute 574, to perform as described under the contract
and to their successors and assigns in the total aggregate penal sum of
_____________________________________ in lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmlyby these presents.
THE CONDITION OF THIS OBLIGATION is based upon a certain contract by and between
Contractor and Owner dated the _____ day of _____, 2023, a copy of which is hereto attached and
made a part hereof, for the construction of East Fiber Extension Project, generally described as
follows:
Construct various sections of bituminous and concrete trails in accordance with the plans
and specifications.
NOW, THEREFORE, if the Contractor promptly makes payment to all persons, firms,
Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of
the Work provided for in such contract and any authorized extension or modification thereof,
including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery,
equipment and tools, consumed or used in connection with the construction of such Work, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and
effect.
Payment Bond 00615 - 1
East Fiber Extension
Elk River, Minnesota
PROVIDED, that beneficiaries or claimants hereunder shall be limited to the subcontractors, and
persons, firms and corporations having a direct contract with the principal or its subcontractors.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the contract or to the Work to
be performed thereunder or the Contract Documents accompanying the same shall in any way affect
its obligation on this BOND, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the Work or to the Contract Documents.
PROVIDED, FURTHER, that no suit or action shall be commenced hereunder by any claimant: (a)
Unless the claimant, other than one having a direct contract with the Contractor, shall have given
written notice to any two of the following: the Contractor, the Owner, or the Surety above named
within ninety (90) days after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner, or
Surety, at any place where an office is regularly maintained for the transaction of business, or served
in any manner in which legal process may be served in the state in which the aforesaid project is
located, save that such service need not be made by a public officer. (b) After the expiration of two
(2) years following the date of which Contractor ceased work on said Contract, it being understood,
however, that if any limitation embodied in the Bond is prohibited by any law controlling the
construction hereof, such limitation shall be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
PROVIDED, FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, upon amendment
to the Contract not increasing the contract price more than 20 percent, so as to bind the Contractor
and Surety to the full and faithful performance of the Contract as so amended. The term
"Amendment”, wherever used in this Bond, and whether referring to this Bond, the Contract or the
Loan Documents shall include any alteration, addition, extension, or modificationof any character
whatsoever.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
Payment Bond 00615 - 2
East Fiber Extension
Elk River, Minnesota
IN WITNESS WHEREOF, this instrument is executed in two or more counterparts, each
one of which shall be deemed an original, this day of , 2023.
SURETY:
CONTRACTOR AS PRINCIPAL:
By By
Attorney-in-Fact
(Address) (Address)
ATTEST:
ATTEST:
(Surety) (Contractor as Principal)
\[SEAL\]
\[SEAL\]
(Witness as to Surety) (Witness as to Contractor as Principal)
(Address) (Address)
NOTE: Date of BOND must not be prior to date of Contract. If Contractor is partnership,
all partners should execute BOND.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most
current list (Circular 570 as amended) and be authorized to transact business in the
state where the project is located.
End of Section
Payment Bond 00615 - 3
East Fiber Extension
Elk River, Minnesota
SECTION 00671
Change Order
(Instruction on reverse side) No.
PROJECT: East Fiber Extension DATE OF ISSUANCE: ______________
OWNER: City of Elk River
13065 Orono Parkway
Elk River, MN 55330
CONTRACTOR: _______
_______
_______
CONTRACT FOR: East Fiber Extension
You are directed to make the following changes in the Contract Documents.
Description:
Purpose of Change Order:
Attachments (List documents supporting change):
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME:
Original Contract Price Original Contract Time
$_________ Substantial Completion: _________________
Final Completion:
Previous Change Orders No. ___ to No. ___ Net change from previous Change Orders
$ Days
Contract Price prior to this Change OrderContract Time prior to this Change Order
Substantial Completion:
$Final Completion:
Net Increase (Decrease) of this Change OrderNet Increase (Decrease) of this Change Order
____ days for Substantial Completion
$ .00 ____ days for Final Completion
Contract Price with all approved Change OrdersContract Time with all approved Change Orders
Substantial Completion: __________________
$ Final Completion: _______________________
RECOMMENDED: APPROVED: APPROVED:
By _____________________ By _____________________ By _______________________
City Engineer City of Elk River
EJCDC No. 1910-8-B (1996 Edition)
Change Order 00671 - 1
East Fiber Extension
Elk River, Minnesota
Change Order
Instructions
A.General Information
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Time. Changes that have been initiated by a Work Directive Change
must be incorporated into a subsequent Change Order if they Affect Price of Time.
Changes that affect Contract Price or Contract Time should be promptly covered by a Change
Order. The practice of accumulating change order items to reduce the administrative burden may
lead to unnecessary disputes.
For supplemental instructions and minor changes not involving a Change in the Contract Price or
Contract Time, a Field Order may be used.
B. Completing the Change Order Form
Engineer initiates the form, including a description of the changes involved and attachments based
upon documents and proposals submitted by Contractor, or requests from Owner, or Both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for
approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer
should make distribution of executed copies after approval by Owner.
If a change only applies to price or to the time, cross out the part of the tabulation that does not
apply.
Change Order 00671 - 2
East Fiber Extension
Elk River, Minnesota
SECTION 00672
Withholding Affidavit for Contractors
(FORM IC-134)
The following Withholding Affidavit for Contractors form (IC-134), or the most current edition
thereof, must be competed for each subcontractor and submitted to the Engineer before final
payment can be made.
Withholding Affidavit for Contractors 00672- 1
East Fiber Extension
Elk River, Minnesota
SECTION 00673
Certificate of Substantial Completion
DATE OF ISSUANCE ______________________
OWNER City of Elk River
CONTRACTOR TD & I Cable Maintenance
Contract: East Fiber Extension
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to
the following specified parts thereof:
To the City of Elk River
(OWNER)
And To
(CONTRACTOR)
The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents on
_________________________________
Date of Substantial Completion
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR
to complete all the Work in accordance with the Contract Documents. The items in the tentative
list shall be completed or corrected by CONTRACTOR no later than
________________________.
00673 - 1
East Fiber Extension
Elk River, Minnesota
The responsibilities between OWNER and CONTRACTOR for security, operation, safety,
maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
This certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance
with the Contract Documents.
Executed by OWNER on _______________________, 2023
Date
By: ____________________________, 2023
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on _____________,
Date
____________________________
CONTRACTOR
By: __________________________________________
(Authorized Signature)
OWNER accepts this Certificate of Substantial Completion on _______________________
Date
City of Elk River
OWNER
By: _______________________________________
(Authorized Signature)
End of Section
00673 - 2
East Fiber Extension
Elk River, Minnesota
SECTION 00674
Contractor's Affidavit
State of Minnesota Date:___________
The County of _________________
The City of __________________
, of _______________________, has
furnished all labor and material entering into the East Fiber Extension project for the City of Elk
River (Owner).
, of
_______________________, states further that Contractor has full knowledge of all obligations for
such labor and materials which have entered into and become part of that certain project known and
designated above, and Contractor further disposes and says that all debts and other obligations for
such labor and materials have been fully and completely paid for in good and lawful money of the
United States of American and that there are no suits for damages against them proceeding,
prospective or otherwise, in consequence of their operations on the above said project.
The said will hold the Owners, the City of Elk River, blameless of any and all
Mechanic's Liens that may be hereafter entered or filed for record, so as to constitute charge against
said premises for work or labor done or materials furnished by them.
IN WITNESS WHEREOF, Contractor has heretofore put their hand and seal.
SEAL
Contractor's Authorized Agent
I, , Notary Public in and for the above named County and State
do hereby certify that personally known to me to be the affiant
in the foregoing affidavit, personally appeared before me this day, and, having been duly sworn,
deposes and say that the facts set forth in the above affidavit are true and correct.
WITNESS my hand and seal this day of , 2023.
my commission expires
End of Section
00674 - 1
East Fiber Extension
Elk River, Minnesota
SECTION 00700
General Conditions
1. Definitions 16. Correction of Work
2. Additional Instructions and Detail 17. Subsurface Conditions
Drawings 18. Suspension of Work, Termination, and
3. Schedules, Reports, and RecordsDelay
4. Drawings and Specifications19. Payments to Contractor
5. Shop Drawings 20. Acceptance of Final Payment as Release
6. Materials, Services and Facilities 21. Insurance
7. Inspection and Testing 22. Contract Security
8. Substitutions 23. Assignments
9. Patents24. Indemnification
10. Surveys, Permits, Regulations 25. Separate Contracts
11. Protection of Work, Property, Persons26. Subcontracting
12. Supervision by Contractor 27. Engineer's Authority
13. Changes in the Work28. Land and Rights-Of-Way
14. Changes in Contract Price 29. Guarantee
15. Time for Completion and Liquidated 30. Arbitration
Damages 31. Taxes
1. Definitions
1.1 Wherever used in the Contract Documents, the following terms shall have the meanings indicated,
and shall be applicable to both the singular and plural thereof:
1.2 Addenda- Written or graphic instruments issued prior to the execution of the Agreement which
modify and interpret the Contract Documents, Drawings, and Specifications, by additions, deletions,
clarifications, or corrections.
1.3 Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices
for the work to be performed.
1.4 Bidder- Any person, firm or corporation submitting a Bid for the work.
1.5 Bonds - Bid, Performance and Payment Bonds and other instruments of surety, furnished by the
Contractor and the Contractor's surety in accordance with the Contract Documents.
1.6 Change Order - A written order to the Contractor authorizing an addition, deletion, or revision in
the work within the general scope of the Contract Documents, or authorizing an adjustment in the
contract price or contract time.
00700 -1
General Conditions
East Fiber Extension
Elk River, Minnesota
1.7 Contract Documents -The Contract, including Advertisement for Bids, Information for Bidders,
Bid, Bid Bond, Agreement, Payment Bond, Performance Bond, Notice of Award, Notice to Proceed,
Change Order, Drawings, Specifications, and Addenda.
1.8 Contract Price -The total monies payable to the Contractor under the terms and conditions of the
Contract Documents.
1.9 Contract Time - The number of calendar days stated in the Contract Documents for the completion
of the work.
1.10 Contractor-The person, firm, or corporation with whom the Owner has executed the Agreement.
1.11 Drawings-The parts of the Contract Documents which show the characteristics and scope of the
work to be performed and which have been prepared or approved by the Engineer. May also be
designated as "PLANS".
1.12 Engineer –(Section Omitted)
1.13 Field Order -A written order effecting a change in the work not involving an adjustment in the
contract price or an extension of the contract time, issued by the Engineer to the Contractor during
construction.
1.14 Notice of Award - The written notice of the acceptance of the Bid from the Owner to the
successful Bidder.
1.15 Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing
him/her to proceed with the work and establishing the date for commencement of the work.
1.16 Owner-A public or quasi-public body or authority, corporation, association, partnership, or an
individual for whom the work is to be performed.
1.17 Project - The undertaking to be performed as provided in the Contract Documents.
1.18 Resident Project Representative -The authorized representative of the Owner who is assigned to
the project site or any part thereof.
1.19 Shop Drawings - All drawings, diagrams, illustration, brochures, schedules, and other data which
are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate
how specific portions of the work shall be fabricated or installed.
1.20 Specifications - A part of the Contract Documents consisting of written descriptions of a technical
nature of materials, equipment, construction systems, standards, and workmanship.
00700 -2
General Conditions
East Fiber Extension
Elk River, Minnesota
1.21 Subcontractor-An individual, firm, or corporation having a direct contract with Contractor or
with any other subcontractor for the performance of a part of the work at the site.
1.22 Substantial Completion - That date certified by the Engineer when the construction of the Project
or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that
the Project or specified part can be utilized for the purposes for which it is intended.
1.23 Supplemental General Conditions - Modifications and/or additions to the General Conditions or
such requirements that may be imposed by applicable state laws.
1.24 Supplier - Any person or organization who supplies materials or equipment for the work, including
the fabricated special design, but who does not perform labor at the site.
1.25 Work - All labor necessary to produce the construction required by the Contract Documents, and
all materials and equipment incorporated or to be incorporated in the Project.
1.26 Written Notice -Any notice to any party of the Agreement relative to any part of this Agreement
in writing and considered delivered and the service thereof completed, when posted by certified or
registered mail to the said party at their last given address, or delivered in person to said party or their
authorized representative on the work.
2. Additional Instructions and Detail Drawings
2.1 The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as
necessary to carry out the work required by the Contract Documents.
2.2 The additional drawings and instructions thus supplied will become a part of the Contract
Documents. The Contractor shall carry out the work in accordance with the additional detail drawings
and instructions.
3. Schedules, Reports and Records
3.1 The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data where applicable, as are required by the
Contract Documents for the work to be performed.
3.2 Prior to the first partial payment estimate, the Contractor shall submit construction progress
schedules showing the order in which the Contractor proposes to carry on the work, including dates at
which the various parts of the work will be started, estimated date of completion of each part, and, as
applicable:
3.2.1 The dates at which special detail drawings will be required; and
00700 -3
General Conditions
East Fiber Extension
Elk River, Minnesota
3.2.2 Respectivedates for submission of shop drawings, the beginning of manufacture, the testing and
the installation of materials, supplies, and equipment.
3.3 The Contractor shall also submit a schedule of payments that the Contractor anticipates will be
earned during the course of the work.
4. Drawings and Specifications
4.1 The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials,
tools, equipment, and transportation necessary for the proper execution of the work in accordance with
the Contract Documents and all incidental work necessary to complete the Project in an acceptable
manner, ready for use, occupancy or operation by the Owner.
4.2 In case of conflict between the drawings and specifications, the specifications shall govern. Figure
dimensions on drawings shall govern over general drawings.
4.3 Any discrepancies found between the drawings and specifications and site conditions or any
inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the
Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work
done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be
done at the Contractor's risk.
5. Shop Drawings
5.1 The Contractor shall provide shop drawings as may be necessary for the prosecution of the work as
required by the Contract Documents. The Engineer shall promptly review all shop drawings. The
Engineer's approval of any shop drawing shall not release the Contractor from responsibility for
deviations from the Contract Documents. The approval of any shop drawing which substantially
deviates from the Contract Documents shall be evidenced by a Change Order.
5.2 When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification
that he has reviewed, checked and approved the shop drawings, and that they are in conformance with
the requirements of the Contract Documents.
5.3 Portions of the work requiring a shop drawing or sample submission shall not begin until the shop
drawing or submission has been approved by the Engineer. A copy of each approved shop drawing and
each approved sample shall be kept in good order by the Contractor at the site and shall be available to
the Engineer. A copy of the approved shop drawings shall be provided to the Owner.
6. Materials, Services, and Facilities
6.1 It is understood that, except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power,
00700 -4
General Conditions
East Fiber Extension
Elk River, Minnesota
transportation, supervision, temporary construction of any nature, and all other services and facilities of
any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.
6.2 Materials and equipment shall be so stored as to insure the preservation of their quality and fitness
for the work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection.
6.3 Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned as directed by the manufacturer.
6.4 Materials, supplies, and equipment shall be in accordance with samples submitted by the Contractor
and approved by the Engineer.
6.5 Materials, supplies, or equipment to be incorporated into the work shall not be purchased by the
Contractor or subcontractor subject to a chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller.
7. Inspection and Testing
7.1 All materials and equipment used in the construction of the Project shall be subject to adequate
inspection and testing in accordance with generally accepted standards, as required and defined in the
Contract Documents.
7.2 The Owner shall provide all inspection and testing services not required by the Contract
Documents.
7.3 The Contractor shall provide at the Contractor's expense, the testing and inspection services
required by the Contract Documents.
7.4 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority
having jurisdiction require any work to specifically be inspected, tested, or approved by someone other
than the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor
will then furnish the Engineer the required certificates, testing, or approval.
7.5 Inspections, tests, or approvals by the Engineer or others shall not relieve the Contractor fromthe
obligations to perform the work in accordance with the requirements of the Contract Documents.
7.6 The Owner, Engineer and the Engineer's representatives will at all times have access to the work.
In addition, authorized representatives and agents of any participating federal or state agency shall be
permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other
relevant data and records. The Contractor will provide proper facilities for such access and observation
of the work and also for any inspection or testing thereof.
00700 -5
General Conditions
East Fiber Extension
Elk River, Minnesota
7.7 If any work is covered contrary to the written instructions of the Engineer, it must, if requested by
the Engineer, be uncovered for the Engineer's observation and replaced at theContractor's expense.
7.8 If the Engineer considers it necessary or advisable that covered work be inspected or tested by
others, the Contractor, at the Engineer's request, will uncover, expose or otherwise make available for
observation, inspection or testing as the Engineer may require, that portion of the work in question,
furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective,
the Contractor will bear all expenses of such uncovering, exposure, observation, inspection and testing
and of satisfactory reconstruction; if, however, such work is not found to be defective, the Contractor
will be allowed an increase in the contract price or an extension of the contract time, or both, directly
attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an
appropriate Change Order shall be issued.
8. Substitutions
8.1 Whenever a material, article, or piece of equipment is identified on the drawings or specifications by
reference to brand name or catalogue numbers, it shall be understood that this is referenced for the
purpose of defining the performance or other salient requirements and that other products of equal
capacities, quality and functions shall be considered. The Contractor may recommend the substitution
of a material, article, or piece of equipment of equal substance and function for those referred to in the
Contract Documents by reference to brand name or catalogue number, and if, in the opinion of the
Engineer and Owner, such material, article, or piece of equipment is of equal substance and function to
the specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential
shall be deductible from the contract price and the Contract Documents shall be appropriately modified
by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the
function or general design of the project will result. Incidental changes or extra component parts
required to accommodate the substitute will be made by the Contractor without a change in the contract
price or contract time.
9.Patents
9.1 The Contractor shall pay all applicable royalties and license fees, and shall defend all suits or claims
for infringement of any patent rights and save the Owner harmless from loss on account thereof, except
that the Owner shall be responsible for such loss unless the Contractor promptly gives such information
to the Engineer.
10. Surveys, Permits, Regulations
10.1 The Owner shall furnish all boundary surveys and establish all base lines for locating the principal
component parts of the work together with a suitable number of bench marks adjacent to the work as
shown in the Contract Documents.
00700 -6
General Conditions
East Fiber Extension
Elk River, Minnesota
10.2 The Contractor shall carefully preserve bench marks, reference points and stakes, and, in case of
willful or careless destruction, shall be charged with the resulting expenseand shall be responsible for
any mistake that may be caused by their unnecessary loss or disturbance.
10.3 Permits and licenses of a temporary nature necessary for the prosecution of the work shall be
secured and paid for by the Contractor unless otherwise stated in the Supplemental General Conditions.
Permits, licenses, and easements for permanent structures or permanent changes in existing facilities
shall be secured and paid for by the Owner, unless otherwise specified. The Contractor shall give all
notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work
as drawn and specified. If the Contractor observes that the Contract Documents are at variance
therewith, the Contractor shall promptly notify the Engineer in writing, and any necessary changes shall
be adjusted as provided in Section 13, Changes In The Work.
11. Protection of Work, Property, and Persons
11.1 The Contractor will be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the work. The Contractor will take all necessary precautions for the
safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on
the work and other persons who may be affected thereby, all the work and all materials or equipment to
be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not
designated for removal, relocation, or replacement in the course of construction.
11.2 The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of
any public body having jurisdiction. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protection. The Contractor
will notify owners of adjacent utilities when prosecution of the work may affect them. The Contractor
will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or part, by
the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone
of whose acts any of them be liable, except damage orloss attributable to the fault of the Contract
Documents or to the acts or omissions of the Owner, of the Engineer, or anyone employed by either of
them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly,
in whole or in part, to the fault or negligence of the Contractor.
11.3 In emergencies affecting the safety of persons or the work or property at the site or adjacent
thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall
act to prevent threatened damage, injury or loss. The Contractor will give the Engineer prompt written
notice of any significant changes in the work or deviations from the Contract Documents caused
thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved.
11.4 In order to protect the lives and health of its employees under the Contract, the Contractor shall
comply with all pertinent provisions of the "Manual of Accident Prevention in Construction" issued by
the Associated General Contractors of America, Inc., and shall maintain an accurate record of all cases
00700 -7
General Conditions
East Fiber Extension
Elk River, Minnesota
of death, occupational disease, and injury requiring medical attention or causing loss of time from work,
arising out of and in the course of employment of work under the Contract.
11.5 The Contractor alone shall be responsible for the safety, efficiency, and adequacy of its plant,
appliances, and methods, and for any damage which may result from their failure of their improper
construction,maintenance, or operation.
12. Supervision by Contractor
12.1 TheContractor shall supervise and direct the work. He will be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The Contractor will employ and
maintain on the work a qualified supervisor or superintendent who shall have been designated in writing
by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority
to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as
if given to the Contractor. The supervisor shall be present on the site at all times as required to perform
adequate supervision and coordination of the work.
13. Changes in the Work
13.1 The Owner may at any time, as the need arises, order changes within the scope of the work
without invalidating the Agreement. If such changes increase or decrease the amount due under the
Contract Documents, or the time required for performance of the work, an equitable adjustment shall
be authorized by Change Order.
13.2 The Engineer, also, may at any time, by issuing a Field Order, make changes in the details of the
work. The Contractor shall proceed with the performance of any changes in the work so ordered by the
Engineer unless the Contractor believes that such field order entitles the Contractor to a change in
contract price or time, or both, in which event the Contractor shall give the Engineer written notice
thereof within seven (7) days after the receipt of the ordered change. Thereafter, the Contractor shall
document the basis for the change in contract price or time within thirty (30) days. The Contractor shall
not execute such changes pending the receipt of an executed Change Order or further instruction from
the Owner.
14.Changes inContract Price
14.1 The contract price may be changed only by a Change Order. The value of any work covered by a
Change Order or of any claim for increase or decrease in the contract price shall be determined by one
or more of the following methods in the order of precedence listed below:
a) Unit prices previously approved
b) An agreed lump sum
14.2 The contract Change Order will include extra work, work for which quantities have been altered
from those shown in the bidding schedule, as well as decreases or increases in the quantities of installed
units which are different than those shown in the bidding schedule because of final measurements. All
00700 -8
General Conditions
East Fiber Extension
Elk River, Minnesota
changes should be recorded on a Change Order as they occur so that they may be included in the partial
payment estimate.
15. Time for Completion and Liquidated Damages
15.1 The date of beginning and the time for completion of the work are essential conditions of the
Contract Documents, and the work embraced shall be commenced on the date specified in the Notice
to Proceed.
15.2 The Contractor will proceed with the work at such rate of progress to insure full completion
within the contract time. It is expressly understood and agreed, by and between the Contractor and the
Owner, that the contract time for the completion of the work described herein is a reasonable time,
taking into consideration the average climatic and economic conditions and other factors prevailing in
the locality of the work.
15.3 If the Contractor shall fail to complete the work within the contract time, or extension of time
granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages as
specified in the Bid for each calendar day that the Contractor shall be in default after the time stipulated
in the Contract Documents.
15.4 The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the work is due to the following, and the Contractor has promptly given written notice of
such delay to the Owner or Engineer.
15.4.1 To any preference, priority or allocation order duly issued by the Owner.
15.4.2 Tounforeseeable causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to acts of God, or of the public enemy, acts of the Owner, acts
of another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather.
15.4.3 To any delays of subcontractors occasioned by any of the causes specified in paragraphs 15.4.1
and 15.4.2 of this article.
16. Correction of Work
16.1 The Contractor shall promptly remove from the premises all work rejected by the Engineer for
failure to comply with the Contract Documents whether incorporated in the construction or not, and
the Contractor shall promptly replace and re-execute the work in accordance with the Contract
Documents and without expense to the Owner and shall bear the expense of making good all work of
other Contractors destroyed or damaged by such removal or replacement.
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16.2 All removal and replacement work shall be done at the Contractor's expense. If the Contractor
does not take action to remove such rejected work within ten (10) days after receipt of written notice,
the Owner may remove such work and store the materials at the expense of the Contractor.
17.Subsurface Conditions
17.1 The Contractor shall promptly, and before such conditions are disturbed except in the event of an
emergency, notify the Owner by written notice of:
17.1.1 Subsurface or latent physical conditionsat the site differing materially from those indicated in the
Contract Documents, or
17.1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in the
Contract Documents.
17.2 The Owner shall promptly investigate the conditions, and if it is found that such conditions do so
materially differ and cause an increase or decrease in the cost of, or in the time required for,
performance of the work, an equitable adjustment shall be made and the Contract Documents shall be
modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be
allowed unless the required written notice has been given; provided that the Owner may, if the Owner
determines the facts to justify; consider and adjust any such claims asserted before the date of final
payment.
18. Suspension of Work, Termination, and Delay
18.1 The Owner may suspend the work or any portion thereof for a period of not more than ninety
(90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor and
the Engineer which shall fix the date on which work shall be resumed. The Contractor will resume that
work on the date so fixed. The Contractor will be allowed an increase in the contract price or an
extension of the contract time, or both, directly attributable to any suspension.
18.2 If the Contractor is adjudged bankrupt or insolvent, or makes a general assignment for the benefit
of its creditors, or if a trustee or receiver is appointed for the Contractor or for any of its property, or if
Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy
or applicable laws, or repeatedly fails to supply sufficient skilled workers or suitable materials or
equipment, or repeatedly fails to make prompt payments to subcontractors or for labor, materials or
equipment, or disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction of the work, or disregards the authority of the Engineer, or otherwise violates any provision
of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and
after giving the Contractor and its surety a minimum of ten (10) days from delivery of a written notice,
terminate the services of the Contractor and take possession of the project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish
the work by whatever method the Owner may deem expedient. In such case, the Contractor shall not
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be entitled to receive any further payment until the work is finished. If the unpaid balance of the
contract price exceeds the direct and indirect costs of completing the project, including compensation
for additional professional services, such excess shall be paid to the Contractor. If such costs exceed
such unpaid balance, the Contractor will pay the difference to the Owner.Such costs incurred by the
Owner will be determined by the Engineer and incorporated in a Change Order.
18.3 Where the Contractor's services have been so terminated by the Owner, said termination shall not
affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any
retention or payment of monies by the Owner due the Contractor will not release the Contractor from
compliance with the Contract Documents.
18.4 After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the
Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the
project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and
any expense sustained plus reasonable profit.
18.5 If, through no act or fault of the Contractor, the work is suspended for a period of more than
ninety (90) days by the Owner, or under an order of court or other public authority, or the Engineer fails
to act on any request for payment within thirty (30) days after it is submitted, or the Owner fails to pay
the Contractor substantially the sum approved by the Engineer or awarded by arbitrators within thirty
(30) days of its approval and presentation, then the Contractor may, after (10) days from delivery of a
written notice to the Owner and the Engineer terminate the Contract and recover from the Owner
payment for all work executed and all expenses sustained. In addition and in lieu of terminating the
Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make
any payment as aforesaid, the Contractor may upon ten (10) days written notice to the Owner and the
Engineer stop the work until paid all amounts then due, in which event and upon resumption of the
work, Change Orders shall be issued for adjusting the contract price or extending the contract time or
both to compensate for the costs and delays attributable to the stoppage of the work.
18.6 If the performance of all or any portion of the work is suspended, delayed, or interrupted as a
result of a failure of the Owner or Engineer to act within the time specified in the Contract Documents,
or if no time is specified, within a reasonable time, an adjustment in the contract price or an extension of
the contract time, or both, shall be made by Change Orders to compensate the Contractor for the costs
and delays necessarily caused by the failure of the Owner or Engineer.
19. Payment to Contractor
19.1 At least ten (10) days before each progress payment falls due (but not more often than once a
month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by
the Contractor covering the work performed during the period covered by the partial payment estimate
and supported by such data as the Engineer may reasonably require. If payment is requested on the
basis of materials and equipment not incorporated in the work but delivered and suitably stored at or
near the site, the partial payment estimate shall also be accompanied by such supporting data,
satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect
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the Owner's interest therein, including applicable insurance. The Engineer will, within ten (10) days
after receipt of each partial payment estimate, either indicate in writing approval of payment, and present
the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor
indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor
may make the necessary corrections and resubmit the partial payment estimate. The Owner will, within
ten (10) days of presentation of an approved partial payment estimate, pay the Contractor a progress
payment on the basis of the approved partial payment estimate less the retainage. The retainage shall be
an amount equal to 5% of said estimate. At any time when the progress of the work is not satisfactory,
additional amounts may be retained. Upon substantial completion of the work, any amount retained
may be paid to the Contractor. When the work has been substantially completed except for work which
cannot be completed because of weather conditions, lack of materials, or other reasons which in the
judgment of the Owner are valid reasons for non-completion, the Owner may make additional
payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be
completed.
19.1.1 The Engineer may disapprove or, on account of subsequently discovered evidence, nullify the
whole or part of the approved partial payment estimate to such extent as may be necessary to protect
the Owner from loss, on account of:
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating probable filing of claims.
(c) Failure of Contractor to make payment properly to subcontracts or for material or labor.
(d) A reasonable doubt that the work can be completed for the balance then unpaid.
(e) Damage to another Contractor.
(f) Performance of work in violation of the terms of the Contract Documents.
19.1.2 Where work on unit price items is substantially complete but lack clean-up and/or corrections
ordered by the Engineer, amounts shall be deducted from unit prices in partial payment estimates to
amply cover such clean-up and corrections.
19.1.3 When the grounds for withholding or reducing partial payment defined in 19.1.1 and 19.1.2 are
corrected, payment shall be made for the amounts withheld because of them.
19.2 The request for payment may also include an allowance for the cost of such major materials and
equipment which are suitably stored either at or near the site.
19.3 Prior to substantial completion, the Owner, with the approval of the Engineer and with the
concurrence of the Contractor, may use any completed or substantially completed portions of the work.
Such use shall not constitute an acceptance of such portions of the work.
19.4 The Owner shall have the right to enter the premises for the purpose of doing work not covered
by the Contract Documents. This provision shall not be construed as relieving the Contractor of the
sole responsibility for the care and protection of the work, or the restoration of any damaged work
except such as may be caused by agents or employees of the Owner.
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19.5 Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the
final payment request that the work has been accepted under the conditions of the Contract
Documents. The entire balance found to be due the Contractor, including the retained percentages, but
except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within thirty
(30) days of completion and acceptance of the work.
19.6 The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims
growing out of the lawful demand of subcontractors, laborers, workers, mechanics, material, men, and
furnishers or machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance
of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature designated above have been paid, discharged or waived. If the
Contractor fails to do so the Owner may, after having notified the Contractor, either pay unpaid bills or
withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to
pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the Contractor shall be resumed in accordance with the terms of
the Contract Documents, but in no event shall the provisions of this sentence be construed to impose
any obligations upon the Owner to either the Contractor, the Contractor's surety, or any third party. In
paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a
payment made under the Contract Documents by the Owner to the Contractor and the owner shall not
be liable to the Contractor for any such payments made in good faith.
19.7 If the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition to
other remedies available to the Contractor, there shall be added to each such payment interest at the
maximum legal rate commencing on the first day after said payment is due and continuing until the
payment is received by the Contractor.
20.Acceptance of Final Payment as Release
20.1 The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this work and
for every act and neglect of the Owner and others relating to or arising out of this work. Any payment,
however, final or otherwise, shall not release the Contractor or its sureties from any obligations under
the Contract Documents or the Performance and Payment Bonds.
21. Insurance
21.1 The Contractor shall purchase and maintain such insurance as will protect it from claims set forth
below whichmay arise out of, or result from, the Contractor's execution of the work, whether such
execution be by the Contractor, any subcontractor, or by anyone directly or indirectly employed by any
of them, or by anyone for whose acts any of them may be liable:
21.1 Claims under Workers’ Compensation, disability benefit, and other similar employee benefit acts;
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21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of
employees;
21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other
than employees;
21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by
any person as a result of an offense directly or indirectly related to the employment of such person by
the Contractor, or (2) by any other person; and
21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use
resulting therefrom.
21.2 Certificates of Insurance acceptable tothe Owner shall be filed with the Owner prior to
commencement of work. These Certificates shall contain a provision that coverage afforded under the
policies will not be cancelled, materially changed, or not renewed unless at least thirty (30) days prior
written notice has been given to the Owner. All insurance certificates shall list the Owner as an
additional named insured and the project name.
21.2.1 The Certificates of Insurance shall specifically provide that the contractual liability as set forth in
Section 24, INDEMNIFICATION, has been insured and that coverage is included for collapse and
underground hazards and completed operations. In the event that conditions are encountered during
the progress of the work which requires blasting, no such blasting shall be undertaken until coverage for
blasting has been obtained and certificates issued therefor.
21.3 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, Liability Insurance as hereinafter specified:
21.3.1 Contractor's General Public Liability and Property Damage Insurance including vehicle coverage
issued to the Contractor and protecting the Contractor from all claims for personal injury, including
death, and all claims for destruction of or damage to property, arising out of or in connection with any
operations under the Contract Documents, whether such operations be by the Contractor or by any
subcontractor employed by the Contractor or anyone directly or indirectly employed by the Contractor
or by a subcontractor employed by the Contractor. Insurance shall be written with a limit of liability of
not less than $600,000 for all damages arising out of bodily injury, including death, at any time resulting
therefrom, sustained by any one person in any one accident, and a limit of liability of not less than
$600,000 aggregate for any such damages sustained by two or more persons in any one accident.
Insurance shall be written with a limit of liability of not less than $200,000 for all property damage
sustained by any one person in any one accident; and a limit of liability of not less than $200,000
aggregate for any such damage sustained by two or more persons in any one accident.
21.3.2 The Contractor shall acquire and maintain, if applicable, Fire and Extended Coverage Insurance
upon the project to the full insurable value thereof for the benefit of the Owner, the Contractor, and
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subcontractors as their interest may appear. This provision shall in no way release the Contractor or
Contractor's surety from obligations under the Contract Documents to fully complete the project.
21.4 The Contractor shall procure and maintain, at the Contractor's own expense, during the contract
time, in accordance with the provisions of the laws of the statein which the work is performed,
Workers’Compensation Insurance, including occupational disease provisions, for all of the Contractor's
employees at the site of the project and in case any work is sublet, the Contractor shall require such
subcontractor similarly to provide Workers’ Compensation Insurance, including occupational disease
provisions for all of the latter's employees unless such employees are covered by the protection afforded
by the Contractor. In case any class of employees engaged in hazardous work under this contract at the
site of the project is not protected under Workers’ Compensation statute, the Contractor shall provide,
and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of its
employees not otherwise protected.
21.5 The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be
performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less
than the contract price totaled in the Bid. The policy shall cover not less than the losses due to fire,
explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during
the contract time, and until the work is accepted by the Owner. The policy shall name as the insured the
Contractor, and the Owner.
21.6 Owner's Protective Liability and Property Damage Insurance: The Contractor shall take out and
maintain Owner's Protective Liability and Property Damage Insurance in the name of the Owner and
the Engineerinsuring against bodily injury, including accidental death, and property damage liability in
the limits set forth above under "Public Liability Insurance" for which they may become legally
obligated to pay as damages sustained by any persons, caused by accident and arising out of operations
performed for the named insured by independent contractors and general supervision thereof.
22.Contract Security
22.1 The Contractor shall within ten (10) days after the receipt of the Notice of Award, furnish the
Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the
contract price, conditional upon the performance by the Contractor of all undertakings, covenants,
terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the
Contractor to all persons supplying labor and materials in the prosecution of the work provided by the
Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding
company licensed to transact such business in the state in which the work is to be performed and named
on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If at
any time a surety on any such Bond is declared a bankrupt or loses its right to do business in the state in
which the work is to be performed or is removed from the list of Surety Companies accepted on Federal
Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an
acceptable Bond (or Bonds) in such form and sum and signed by such other sureties as may be
satisfactory to the Owner. The premiums on such Bond shall be paid by the Contractor. No further
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payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an
acceptable Bond to the Owner.
23.Assignments
23.1 Neither the Contractor nor the Owner shall sell, transfer, assign, or otherwise dispose of the
Contract or any portion thereof, or of any right, title, or interest therein, or any obligation thereunder,
without the written consent of the other party.
24. Indemnification
24.1 The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents
and employees from and against all claims, damages, lossesand expenses, including attorney's fees
arising out of or resulting from the performance of the work, provided that any such claims, damage,
loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property including the loss of use resulting therefrom; and is caused in whole or in part by any
negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
24.2 In any and all claims against the Owner or the Engineer, or any of their agents or employees of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by
any limitation on the amount or type of damages, compensation or benefits payable by or for the
Contractor or any subcontractor under Workers’ Compensation acts, disability benefit acts, or other
employee benefit acts.
24.3 The obligation of the Contractor under this paragraph shall not extend to the liability of the
Engineer, its agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications.
25. Separate Contracts
25.1 The Owner reserves the right to let other contracts in connection with this project. The
Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of
their materials and the execution of their work, and shall properly connect and coordinate the work with
theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of
any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in
such work that render it unsuitable for such proper execution and results.
25.2 The Owner may perform additional work related to the project or the Owner may let other
contracts containing provisions similar to these. The Contractor will afford the other Contractors who
are parties to such Contracts (or the Owner, if the Owner is performing the additional work) reasonable
opportunity for the introduction and storage of materials and equipment and the execution of work, and
shall properly connect and coordinate the work with theirs.
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25.3 If the performance of additional work by other Contractors or the Owner is not noted in the
Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the
Contractor prior to starting any such additional work. If the Contractor believes that the performance
of such additional work by the Owner or others involves it in additional expense or entitles it to an
extension of the contract time, the Contractor may make a claim thereof as provided in Sections 14 and
15.
26.Subcontracting
26.1 The Contractor may utilize the services of specialty subcontracts on those parts of the work which,
under normal contracting practices, are performed by specialty subcontractors.
26.2 The Contractor shall not award work to subcontractor(s), in excess of fifty (50%) percent of the
contract price, without prior written approval of the Owner.
26.3 The Contractor shall be fully responsible to the Owner for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for
the acts and omissions of persons directly employed by it.
26.4 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar as
applicable to the work of subcontractors and give the Contractor the same power as regards terminating
any subcontract that the Owner may exercise over the Contractor under any provision of the Contract
Documents.
26.5 Nothing contained in this Contract shall create any contractual relation between any subcontractor
and the Owner.
27.Engineer's Authority
27.1 The Engineer shall act as the Owner's representative during the construction period, shall decide
questions which may arise as to quality and acceptability of materials furnished and work performed, and
shall interpret the intent of the ContractDocuments in a fair and unbiased manner. The Engineer will
make visits to the site and determine if the work is proceeding in accordance with the Contract
Documents.
27.2 The Contractor will be held strictly to the intent of the Contract Documents in regard to the
quality of materials, workmanship, and execution of the work. Inspections may be at the factory or
fabrication plant of the source of material supply.
27.3 The Engineer will not be responsible for the construction means, controls, techniques, sequences,
procedures, or construction safety.
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27.4The Engineer shall promptly make decisions relative to interpretations of the Contract
Documents.
28. Land and Rights-Of-Way
28.1 Prior to issuance of Notice to Proceed, the Owner shall obtain all land and rights-of-way necessary
for carrying out and for the completion of the work to be performed pursuant to the Contract
Documents, unless otherwise mutually agreed.
28.2 The Owner shall provide to the Contractor information which delineates and describes the lands
owned and rights-of-way acquired.
28.3 The Contractor shall provide at its own expense and without liability to the Owner any additional
land and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials.
29. Guarantee
29.1 The Contractor shall guarantee all materials and equipment furnished and work performed for a
period of two (2) years from the date of substantial completion. The Contractor warrants and
guarantees for a period of two (2) yearsfrom the date of substantial completion of the system that the
completed system is free from all defects due to faulty materials or workmanship and the Contractor
shall promptly make such corrections as may be necessary by reason of such defects including the
repairs of the damage of other parts of the system resulting from such defects. The Owner will give
notice of observed defects with reasonable promptness. In the event that the Contractor should fail to
make such repairs, adjustments, or other work that may be made necessary by such defects, the Owner
may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in
full force and effect through the guarantee period.
30. Arbitration
30.1 All claims, disputes and other matters in question arising out of, or relating to, the contract
documents or the breach thereof, except for claims which have been waived by the making and
acceptance of final payment as provided by Section 20, may be decided by arbitration in accordance with
the Construction Industry Arbitration Rules of the American Arbitration Association provided that the
Owner and the Contractor mutually agree by separate instrument to arbitrate such claims, disputes and
matters in question. This agreement to arbitrate shall be specifically enforceable under the prevailing
arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon
it in any court having jurisdiction thereof.
30.2 Notice of the demand for arbitration shall be filed in writing with the Owner party to the Contract
Documents and with the American Arbitration Association and a copy shall be filed with the Engineer.
Demand for arbitration shall in no event be made on any claim, dispute, or other matter in question
which would be barred by the applicable statue of limitations.
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30.3 The Contractor will carry on the work and maintain the progress schedule during any arbitration
proceedings, unless otherwise mutually agreed in writing.
31.Taxes
31.1 The Contractor will pay all sales, consumer, use and other similar taxes required by the laws of the
place where the work is performed.
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SECTION 00800
Supplement to General Conditions
General
These supplementary General Conditions make additions, deletions, or revisions to the General
Conditions as indicated herein. All provisions, which are not so amended or supplemental, remain
in full force and effect. Terms used in these Supplementary General Conditions which are defined
in the General Conditions have the meanings assigned to them in the General Conditions.
1. Definitions
Add the following definitions to Article 1:
Conflict: A case where an item of Work is shown or specified differently in two or more places in
the Contract Documents. An item of Work shown in one portion of the Contract Documents but
not in another is not a conflict.
Engineer: Justin Femrite P.E., Elk River City Engineer
Address: 13065 Orono Parkway
Elk River, MN 55330-2846
Phone: 763.635.1051
Email: jfemrite@ElkRiverMN.gov
Furnish: To deliver to the job site or other specified location any item, equipment or material or
labor.
Holidays: Legal holidays designated by the State or specifically identified as follows:
For general scheduling information, in the City of Elk River, Minnesota, holidays occur on the first
of January, commonly known as New Year’s Day; the third Monday of February, known as
President’s Day; the last Monday in May, known as Memorial Day; the Fourth Day of July, known
as Independence Day; the first Monday in September, known as Labor Day; the eleventh day of
November, known as Veteran’s Day; the fourth Thursday of November, known as Thanksgiving
Day; the Friday after Thanksgiving; Christmas Eve at noon and the twenty-fifth day of December,
known as Christmas Day.
When an official holiday falls on a Sunday, the following Monday shall be designated as a substitute
holiday, and observed as an official holiday. When an official holiday falls on a Saturday, the
preceding Friday shall be designated as a substitute holiday, and observed as an official holiday.
Supplementary General Conditions 00800-1
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Inspect: The act of observing, checking, or verifying that materials provided or Work furnished
under this Contract comply with the general intent of the project Contract documents.
Install: Placing, erecting, or constructing complete in place any item, equipment, or material.
Provide: Furnish and install, complete in place.
Punch List: List of incomplete items of Work and of items of Work which are not in conformance
with the Contract. The list will be prepared by the Engineer’s representative when the Contractor
(1) notifies the Engineer’s representative in writing that the Work has been completed in accordance
with the contract and (2) requests in writing that the Owner accept the Work.
Shall: Refers to actions by either the Contractor or the Owner and means that Contractor or Owner
has entered into a covenant with the other party to do or perform the action.
Submittals: The information that is specified for submission to the Engineer in accordance with
Division 1 of the Project Manual.
2. Additional Instructions and Detail Drawings
Replace Section 2.1 with the following:
2.1 The Owner shall furnish to the Contractor six copies of the Contract Documents.
Additional quantities of the Contract Documents will be furnished at reproduction cost.
10. Surveys, Permits, Regulations
Add the following section to Article 10:
10.4 The Contractor shall obtain all necessary federal, state, and local permits required for any
dewatering and stormwater discharges necessary during construction. The Contractor shall also
provide all monitoring and test reporting relating to the discharges.
12. Supervision by Contractor
Add the following section to Article 12:
12.2 Contractor shall maintain a qualified and responsible person available 24 hours per day,
seven days per week to respond to emergencies which may occur after hours. Contractor shall
provide to Engineer the phone number and/or paging service of this individual.
15. Time for Completion and Liquidated Damages
Replace Section 15.3 with the following:
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15.3 Owner and the Contractor recognize that the Owner will suffer financial loss if the Work is
not completed within the time specified in the Contract Documents, plus any extensions of time
granted by the Owner. They also recognize the delays, expense, and difficulties involved in proving
in a legal preceding the actual loss suffered by the Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as
liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner TWO
HUNDRED DOLLARS ($200.00) for each day that expires after the completion time specified in
Division S as may be adjusted by executed Contract Documents.
19. Payment to Contractor
Delete section 19.7 from Article 19.
Add the following sections to Article 19:
19.1.4 The Owner shall retain from each monthly payment 5% of the amount which is determined
to be due according to the recommendation of the Engineer. The retainage shall constitute a fund
for the payment of claims for materials furnished and labor performed on the project and will be
held by the Owner.
Replace Section 19.5 with the following:
19.5 State law provides that the final estimate will be made within 90 days after completion of all
work required under this contract. If, however, the total value of the Contract exceeds $2,000,000,
the 90-day requirement will not apply and the time allowed for making such final estimate shall be
180 days after the work under this Contract has been, in all things, completed to the satisfaction of
the Engineer.
Add the following sections to Article 19:
19.8 Paymentshall be made to subcontractors within ten (10) day of the CONTRACTOR’s
receipt of payment from the OWNERfor all undisputed services provided by the subcontractor.
Contractor shall pay subcontractor interest, at a rate of 1.5% per month, for any undisputed
amounts not paid within the above mentioned timeframe.
21. Insurance
The limits of liability for the insurance required by Section 21 of the General Conditions shall
provide coverage for not less than the following amounts or greater where required by Law and
Regulations:
Supplementary General Conditions 00800-3
East Fiber Extension
Elk River, Minnesota
A.Workers’ Compensation
1. State: Statutory
2. Applicable Federal Statutory
3. Employer’s Liability $500,000Each Occurrence
4. Contractor agrees to waive all rights of subrogation against the Owner, the Engineer, and
their Subconsultants, employees, officer and directors, for Work performed under Contract.
5. Minimum insurance requirements are listed below:
Contractor’s Liability Insurance:
Workers’ Compensation: Statutory Requirements
Employer’s Liability: Each accident $1,000,000
Each disease$1,000,000
General Liability: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Automobile: Bodily injury per occurrence/aggregate limit
$1,000,000
Property damage per occurrence/aggregate limit
$1,000,000
Minimum total Umbrella Coverage$3,000,000
B. Comprehensive General Liability:
1. Combined Single Unit $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
a. Products/Completed Operations $500,000Each Occurrence
$500,000Annual Aggregate
b. Personal injury $1,000,000 Each Occurrence
$1,000,000 Annual Aggregate
or
2. Bodily injury $1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Property damage $1,000,000 Each Occurrence
Supplementary General Conditions 00800-4
East Fiber Extension
Elk River, Minnesota
$2,000,000 Annual Aggregate
3. If policies are written on a claims-made basis, certificate should so specify and policies
continue in force for 1 year after completion of project. The retro date of the coverage must
also be listed.
4. Policies shall include premises/operations, products, completed operations, independent
contractors, owners and contractors protective, explosion, collapse, underground hazard,
broad form contractual, personal injury with employment exclusion deleted, and broad form
property damage.
5. The Contractor’s Comprehensive General Liability Insurance policy shall be endorsed to add
the Owner as additional insured.
The Contractual Liability insurance shall be written so as to cover the Indemnification
Clause.
C. Comprehensive Automobile Liability (including owned, hired, and non-owned vehicles):
1. Bodily injury $1,000,000 Each Person
$1,000,000 Each Occurrence
2. Property damage: $1,000,000 Each Occurrence
or combined single limit of $2,000,000
All policies shall provide for 30 days’ written notice prior to any cancellation or non-renewal of
insurance policies required under Contract. “Will endeavor” and “but failure to mail such notice
shall impose no obligation or liability of any kind upon the Company, its agents, or representatives”
wording will be deleted from certificates.
22. Contract Security
Add the following section to Article 22:
22.2 Bonds
The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the
Contract Price and a satisfactory Payment Bond in the amount of 100 percent of the Contract Price
as security for the faithful performance and payment of all the Contractor obligations under the
Contract Documents.
26. Subcontracting
Replace Section 26.2 with the following:
Supplementary General Conditions 00800-5
East Fiber Extension
Elk River, Minnesota
26.2 The Contractor shall perform not less than 50 percent of the Work with its own forces (i.e.,
without subcontracting). The 50 percent requirement shall be understood to refer to the Work, the
value of which totals not less than 50 percent of the Contract Price.
31. Taxes
Add the following section to Article 31:
31.2 The tax codes of the State of Minnesota require the Contractor to pay Sales or Use Tax on
material used in the construction. All Contractors shall prepare and require their Subcontractors to
prepare, sign and acknowledge before a Notary Public, Department of Revenue Forms listing their
respective expenditures for all materials that become an integral part of the completed project; the
purchase price, the amount of Sales or Use Tax paid, the names of the material suppliers, and all
other information required to complete said forms. All Contractors shall file with the Owner
executed copies of these forms covering all material incorporated by them or their Subcontractors.
Receipt of said executed forms by the Owner shall be a prerequisite to final payment of retained
percentages of contract price to the Contractor.
End of Section
Supplementary General Conditions 00800-6
East Fiber Extension
Elk River, Minnesota
Division S
S-1PROJECT DESCRIPTION
This project aims to provide city fiber infrastructure to the east side of Highway 169
for current and future facilities.
S-2 Personnel
S-2.1 Owner
The Owner of the projects, entitled East Fiber Extension, is the City of Elk River.
Correspondence should be addressed to:
Mr. Justin Femrite, P.E.
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Phone: 763.635.1051
Email: jfemrite@ElkRiverMN.gov
S-3 Project Schedule
Construction of the East Fiber Extensionwill be as follows:
Shall be completed before October 1, 2024.
Once work has begun on the contract, it shall progress continuously and be
completed within one month of the start date.
Within ten (10) days of executing the Contract, and in any case by the time of the
preconstruction conference, the Contractor shall submit a schedule for commencement and
completion of the work. This schedule shall include an anticipated partial pay estimate schedule and
shall be reviewed by the Owner and the Engineer. The project schedule shall be updated by the
Contractor upon request of the Engineer.
S-4 Guarantee
The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of two (2) years from the date of substantial completion. The Contractor
warrants and guarantees for a period of two(2) yearsfrom the date of substantial completion of the
system, that the completed system is free from all defects due to faulty materials or workmanship,
and the Contractor shall promptly make such corrections as may be necessary by reason of such
defects including the repairs, adjustments, or other work that may be necessary by such defects. In
the event that the Contractor should fail to make such repairs, adjustments, or other work that may
be necessary by such defects, the Owner may do so and charge the Contractor the cost thereby
Division S S-1
East Fiber Extension
Elk River, Minnesota
incurred. The Performance Bond shall remain in fully force and effect through the guarantee
period.
S-5 Scope of Work
The specifications, together with the plans, describe in detail the work to be
completed on the project. The Contractor shall be responsible for all work and its proper
completion except as explicitly noted. All work shall be completed in accordance with the pertinent
federal, state, and local codes and ordinances. In addition to the construction, the Contractor shall
protect, maintain, repair, and restore all subsurface and overhead structures directly or indirectly
disturbed, damaged, or affected by his operation.
S-6 Codes and Standards
Reference to codes and standards established by federal, state, and local agencies, or
the professional and trade societies and associations shall be to the latest edition at the time of
contract award. When conflicting information is given, the most restrictive shall apply. Any
questions of intent will be determined by the Engineer upon written request by the Contractor.
S-7 “Or Equal” Cause
Whenever a required material or article is shown on the Plans or in the Specifications
by using the name of a product or of a particular manufacturer, it is to be understood that other
products or materials which will adequately perform the required function may be considered equal
and satisfactory in the Engineer’s opinion. A comparable product shall not be purchased or installed
without the Engineer’s approval. A “Contract Change Order” shall be used if the Contract is to be
modified.
S-8 Additional Costs Incurred
If the Contractor feels that additional compensation should be paid due to an event
or condition that was unknown or unforeseen at the time the contract was awarded, the Contractor
shall notify the Engineer in writing of the event or conditions prior to taking any action. Any
additional compensation must be agreed upon by all parties involved including, but not limited to,
the Contractor, City, and Engineer. Any additional compensation made shall be made through the
use of a change order
S-9 Public Safety
The Contractor shall take the necessary precautions to protect the public and
employees from injury by hazardous circumstances by providing barricades, warning signs, flashers,
and other safety aids. The costs associated with all such items shall be considered incidental to the
project.
Division S S-2
East Fiber Extension
Elk River, Minnesota
S-10 Project Storage Area
The City will provide material storage at the City Garage, 19000 Proctor Road. The
Contractor may choose to locate his own storage area and acquire permission from the appropriate
parties to store equipment and materials. The Contractor shall be responsible for restoring the
storage area back to its original condition.
S-11 Traffic Control
All traffic control devices (construction signs, barricades and barricade weights,
flaggers, warning lights, cones, drums, trailers, pavement markings, flagmen, etc.) shall conform and
be installed in accordance to the "Minnesota Manual on Uniform Traffic Control Devices"
(MMUTCD) and Part VI, "Field Manual for Temporary Traffic Control Zone Layouts", the "Guide
to Establishing Speed Limits in Highway Work Zones", the Minnesota Flagging Handbook, the
provisions of Mn/DOT 1404 and 1710, the Minnesota Standard Signs Manuals Parts I and II, the
Traffic Engineering Manual, the Traffic Control Layouts/Typical Traffic Control Layouts in the
Plans, and these Special Provisions.
At the time of initial set up and at the time of major stage changes, 100 percent of
each type of device shall be classified as acceptable. The acceptable devices shall be determined by
using the guidelines set in the Temporary Traffic Control Zone Layout Field Manual. During the
duration of the project, the acceptable devices may decrease to 75 percent with 25 percent of the
devices marginal. Furnishing, installing, maintaining, relocating, and subsequently removing traffic
control devices as required will be considered incidental to the project.
S-12 Inspection Of Work
The City of Elk River will provide Observation of the work. City, County, or State
agencies having jurisdiction as deemed necessary by those authorities, may make additional
observation of the work.
S-13 Mobilization
Mobilization is considered incidental and should be considered in the bids of
individual items.
End of Section
Division S S-3