BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN

Transcription

1 BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN 203 N.W. 1 st Ave., Ste. B 1800 Pioneer Creek Center Faribault, MN Maple Plain, MN BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN PROJECT MANUAL and BID PACKAGE JUNE 2015 TITLE PAGE

2 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN COVER PAGE PROJECT DATA SHEET CERTIFICATION PAGE TABLE OF CONTENTS DOCUMENT TABLE OF CONTENTS BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT ADVERTISEMENT FOR BIDS INSTRUCTIONS TO BIDDERS PROPOSAL FORM AFFIDAVIT OF NON-COLLUSION LIST OF SUB CONCONTRACTORS CONTRACTORS AND SUBCONTRACTORS INSURANCE AGREEMENT FORMS (A.I.A Document A101, 2007) BOND FORMS/BID BOND GENERAL CONDITIONS (A.I.A. Document A201, 2007) SUPPLEMENTARY CONDITIONS Note: AIA Documents and forms are not included within this project manual but are available for review at the Architect's offices. DIVISION 1 GENERAL REQUIREMENTS SUMMARY OF WORK PROJECT COORDINATION FIELD ENGINEERING DEFINITIONS AND STANDARDS ON-SITE HEALTH AND SAFETY REQUIREMENTS PROJECT MEETINGS SUBMITTALS SCHEDULE OF VALUES TESTING LABORATORY SERVICES PROTECTION OF ENVIRONMENT MATERIAL AND EQUIPMENT SUBSTITUTIONS TABLE OF CONTENTS

3 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN DIVISION 2 SITEWORK SITE PREPARATION DEWATERING CONTROLLED FILL STRUCTURAL FILL SITE GRADING EXCAVATION TRENCHING, BACKFILLIING, AND COMPACTING RIPRAP MODULAR CONCRET RETAINING WALLS EROSION CONTROL WATER SUPPLY WELL SEPTIC SYSTEMS GRAVEL BASE AND BITUMINOUS SURFACING PIPING REINFORCED CONCRETE PIPE SCALE DIVISION 3 CONCRETE STEEL BAR AND WELDED WIRE FABRIC REINFORCEMENT CAST IN-PLACE CONCRETE DIVISION 4 DIVISION 5 MASONRY (NOT USED) METALS METAL FABRICATIONS DIVISION 6 WOOD AND PLASTIC ROUGH CARPENTRY DIVISION 7 THERMAL AND MOISTURE PROTECTION INSULATION JOINT SEALERS TABLE OF CONTENTS

4 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN DIVISION 8 DOORS AND WINDOWS HOLLOW METAL DOORS AND FRAMES ROLLING GRILLES OPEN DESIGN OVERHEAD COILING FIRE DOORS SECTIONAL DOORS METAL WINDOWS FINISH HARDWARE TRANSLUCENT WALL PANELS DIVISION 9 FINISHES PAINTING FIBER REINFORCED PLASTIC, (FRP) PANELS DIVISION 10 SPECIALTIES IDENTIFYING DEVICES FIRE PROTECTION SPECIALTIES TOILET ACCESSORIES DIVISION 11 EQUIPMENT (NOT USED) DIVISION 12 FURNISHINGS (NOT USED) DIVISION 13 SPECIAL CONSTRUCTION PRE-ENGINEERED METAL BUILDING DIVISION 14 CONVEYING SYSTEMS (NOT USED) DIVISON 15 MECHANICAL MECHANICAL GENERAL PROVISIONS BASIC MECHANICAL MATERIALS AND METHODS PIPES, PIPE FITTINGS, VALVES AND UNIONS PROCESS PIPING AND VALVES SUPPORT AND ANCHORS MOTORS ELECTRICAL MECHANICAL IDENTIFICATION FACILITY LIQUIFIED PETROLEUM GAS PIPING MECHANICAL INSULATION TABLE OF CONTENTS

5 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN DIVISON 15 MECHANICAL (CONTINUED) PLUMBING PLUMING PIPING MECHANICAL PUMBING SPECIALTIES PLUMBING FIXTURES PUMBING EQUIPMENT HEATING, VENTILATING AND AIR CONDITIONING FURNACES AIR HANDLING POWER VENTILATORS AIR DISTRIBUTION DUCTWORK DUCTWORK ACCESSORIES AIR TERMINAL UNITS AIR OUTLETS AND INLETS HVAC CONTROLS TESTING, ADJUSTING AND BALANCING DIVISION 16 ELECTRICAL ELECTRICAL GENERAL PROVISIONS BASIC MATERIALS AND METHODS ELECTRICAL SERVICE LIGHTING FIRE PROTECTION LIST OF DRAWINGS SEE CONSTUCTION PLANS & DRAWINGS END OF DOCUMENT TABLE OF CONTENTS

6 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN DOCUMENT PROJECT DATA SHEET OWNERS: PROJECT SITE: PROJECT TITLE: Becker County Becker County Landfill Becker County Waste Transfer Facility ARCHITECT S PROJECT NUMBER: ENGINEER S PROJECT NUMBER OWNER'S REPRESENTATIVE: ARCHITECT: Steve Skoog Becker County 835 Lake Ave. Detroit Lakes, MN slskoog@co.becker.mn.us David J. Medin D.J. Medin Architects, Inc. 203 N.W. 1 st Ave., Ste. B Faribault, MN dmedin@djmedinarchitects.com OWNER S CIVIL ENGINEER: Tom Shustarich Wenck Associates 1800 Pioneer Creek Center Maple Plain, MN tshustarich@wenck.com STRUCTURAL ENGINEER: Henry Voth Larson Engineering of MN 3524 Labore Road White Bear, MN hvoth@larsonengr.com PROJECT DATA SHEET

7 BECKER COUNTY WASTE TRANSFER DETROIT LAKES, MN OWNER'S MECHANICAL ENGINEER: Noel Kempfert Wenck Associates 1800 Pioneer Creek Center Maple Plain, MN OWNER'S ELECTRICAL ENGINEER: Steve Pelletier Wenck Associates 1800 Pioneer Creek Center Maple Plain, MN DATE OF ISSUE: June 10, 2015 END DOCUMENT PROJECT DATA SHEET

8 SECTION ADVERTISEMENT FOR BIDS MUNICIPAL SOLID WASTE TRANSFER STATION CONSTRUCTION For BECKER COUNTY DETROIT LAKES, MINNESOTA The project includes the construction of a municipal solid waste transfer facility for Becker County to be completed at the current and Landfill. The work includes the construction of the new approximately 16,000 square foot pre-engineered steel frame building attached to concrete footing transfer building structure, site work, grading, all access road construction, electrical, mechanical, and all other specified items specified for complete construction of transfer station. Sealed bids will be received by Mr. Steve Skoog, Environmental Services, 915 Lake Avenue, Detroit Lakes, Minnesota 56501, until 1:00 p.m., local time, Wednesday, July 8, 2015, when they will be opened for review. Bidding Documents may be examined at: Wenck Associates, Inc. OR Wenck Associates, Inc Pioneer Creek Center 3310 Fiechtner Dr., Suite 110 Maple Plain, Minnesota Fargo, Minnesota Phone (763) ; Fax (763) Phone (701) ; Fax (701) Copies of the Project Documents may be obtained online on the home page News and Announcements section at Plan Holders are parties that have downloaded the plans and specifications. Plan Holders will be notified via the website as addenda are issued. It is the Plan Holders responsibility to check the website for any addendums issued and confirm that addenda were received on the Bid Form. Direct communications regarding this project to the Engineers Project Manager: Tom Shustarich, P.E. Wenck Associates, Inc Pioneer Creek Center Maple Plain, Minnesota Telephone (763) ; Fax (763) The successful Contractor shall furnish Bid Performance and Payment Bonds as well as Builders Risk Insurance in the full amount of the contract for this project. No bid may be withdrawn for a period of sixty (60) days following the bid opening. The Owner reserves the right to reject any and all bids, accept any quote, and enter into a contract with any Contractor supplying a bid, as it deems to be in its best interest. ***END OF SECTION*** T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Advertisement for Bids

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10 Mechanical Documents Prepared by: Wenck Associates, Inc. - Noel Kempfert, PE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Engineer under the laws of the State of Minnesota. By: Registration Number: Date: 6/9/2015 Electrical Documents Prepared by: Wenck Associates, Inc. Peter Christensen, PE I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Engineer under the laws of the State of Minnesota. By: Registration Number: Date: 6/9/2015 Date of Issue DRAFT Review May 11, 2015 ***END OF SECTION*** T:\1423 Becker Co\0008\Final May Bid Package\Div 00_Front Ends\00003 certification page.rtf Certification Page

11 SECTION ADVERTISEMENT FOR BIDS MUNICIPAL SOLID WASTE TRANSFER STATION CONSTRUCTION For BECKER COUNTY DETROIT LAKES, MINNESOTA The project includes the construction of a municipal solid waste transfer facility for Becker County to be completed at the current and Landfill. The work includes the construction of the new approximately 16,000 square foot pre-engineered steel frame building attached to concrete footing transfer building structure, site work, grading, all access road construction, electrical, mechanical, and all other specified items specified for complete construction of transfer station. Sealed bids will be received by Mr. Steve Skoog, Environmental Services, 915 Lake Avenue, Detroit Lakes, Minnesota 56501, until 1:00 p.m., local time, Wednesday, July 8, 2015, when they will be opened for review. Bidding Documents may be examined at: Wenck Associates, Inc. OR Wenck Associates, Inc Pioneer Creek Center 3310 Fiechtner Dr., Suite 110 Maple Plain, Minnesota Fargo, Minnesota Phone (763) ; Fax (763) Phone (701) ; Fax (701) Copies of the Project Documents may be obtained online on the home page News and Announcements section at Plan Holders are parties that have downloaded the plans and specifications. Plan Holders will be notified via the website as addenda are issued. It is the Plan Holders responsibility to check the website for any addendums issued and confirm that addenda were received on the Bid Form. Direct communications regarding this project to the Engineers Project Manager: Tom Shustarich, P.E. Wenck Associates, Inc Pioneer Creek Center Maple Plain, Minnesota Telephone (763) ; Fax (763) The successful Contractor shall furnish Bid Performance and Payment Bonds as well as Builders Risk Insurance in the full amount of the contract for this project. No bid may be withdrawn for a period of sixty (60) days following the bid opening. The Owner reserves the right to reject any and all bids, accept any quote, and enter into a contract with any Contractor supplying a bid, as it deems to be in its best interest. ***END OF SECTION*** T:\1423 Becker Co\0008\Final May Bid Package\Div 00_Front Ends\FRONT-END.doc Advertisement for Bids

12 SECTION INSTRUCTION TO BIDDERS 1.01 DOCUMENTS A. The Project Documents include the Construction Specifications, Drawings, and Addenda DELIVERY OF BIDS Sealed bids for the recycling facility will be received by Mr. Steve Skoog, Environmental Services, 9135 Lake Avenue, Detroit Lakes, Minnesota 56501, until 1:00 p.m. Wednesday, July 8, 2015, and will be opened immediately thereafter and reviewed INTERPRETATIONS OF PROJECT DOCUMENTS A. Notify the Engineer of omissions, discrepancies, or ambiguities in the Project Documents. Submit requests for interpretation or correction in writing, to be received by the Engineer not later than five (5) business days before the bid opening date. B. Addenda are documents issued prior to the receipt of bids which modify, clarify, or interpret the Project Documents. Addenda become part of the Contract Documents when the Agreement between Owner and Contractor is executed. Copies of Addenda will be made available for inspection whenever bidding documents are on file for that purpose. Bidders required to monitor Becker County website for any Addenda issued. Addenda will be issued no later than four days prior to the date for receipt of Bids. Each Bidder shall ascertain prior to submitting Bid that the Bidder has received all Addenda issued, and the bidder shall acknowledge their receipt in the Bid. C. Interpretation or correction of the Project Documents will be issued by Addenda. Interpretations or corrections given by other methods will not be binding and Contractors shall not rely on such information. Addenda will be mailed, delivered personally or by facsimile to each person or firm on record as having received Project Documents SUBSTITUTIONS A. Prior approval of substitutions for specified materials, equipment, and systems shall be obtained from the Engineer. Submit requests for approval of substitutions in writing, to be received not later than five (5) Owner business days before the bid opening date. Approved substitutions will be listed by Addendum. B. Refer to General Requirement Specifications Section for additional information concerning substitutions FORM OF PROPOSAL All proposals must be submitted on the form provided and included with these specifications. Each bid proposal must be submitted in a sealed envelope clearly marked as follows: Mr. Steve Skoog, Environmental Services 915 Lake Avenue Detroit Lakes, Minnesota Instruction to Bidders T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

13 Proposal Form: Municipal Solid Transfer Facility. All entries shall be handwritten or typewritten ink, excepting signatures which shall be handwritten ink. Entries shall be without correction, erasure or interlineations. Each and every space on the proposal form must be filled in. Bids not conforming may be rejected as irregular. No oral, telephonic or telegraphic proposals or modifications will be considered. Obligation for delivery of proposals to the Becker County is the responsibility of the Contractor BID SUBMITTAL A. Submit the original Prime Contract Bid Form and any requested attachments in an envelope marked Municipal Solid Transfer Facility Sealed Bid. The Owner s Name, the Engineer s Project Number, the name and address of the Contractor, and the date and hour of the bid opening should be entered on the envelope. All bids must be mailed or personally delivered to the address on the Prime Contract Bid Form; telephone, oral or facsimile bids will not be accepted EVALUATION OF BIDS A. Only bids which have been submitted substantially in accordance with these instructions will be considered by Owner. The acceptability of bids will be determined based upon the cost of doing the work and, at the sole discretion of Owner, the perceived ability of the Contractor and any proposed subcontractors to perform the work. B. The Owner reserves the right, at its sole discretion, to reject any and all bids, accept any bid, waive any rights or remedies of the Owner with respect to these instructions of the bids submitted, or waive discrepancies between a bid and these instructions, as it deems to be in its best interest. Any waiver of the Owner with respect to the requirements of these instructions shall apply only to the particular instance for which it was made or given, and no such waiver shall constitute a permanent or future waiver of such requirements. C. Prime contract bids that do not identify mechanical and electrical subcontractors and such other subcontractors as the bid proposal form may require to be identified may be rejected. D. Any Prime Contractor may be required, as a condition to award of the contract, to furnish evidence that the Contractor has sufficient experience to ensure completion of the Work in a satisfactory manner, and has successfully completed projects similar in scope and type to the Project for which the Prime Contractor has submitted a bid. E. Final award will be based on the proposal that serves the long-term best interests of the Becker County SITE INSPECTION A. All prospective Prime Contractors and subcontractors are encouraged to inspect the site before submitting a bid. Appointment for such inspection can be made by calling Steve Skoog (218) There will not be a Pre-bid meeting. B. The Responder shall base the response on materials complying with the plans and specifications. The responder will be required to make its own estimates of the actual quantities involved and to calculate its price accordingly. Qualified and/or alternate responses will not be considered Instruction to Bidders T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

14 1.09 EXECUTION OF AGREEMENT A. The successful Prime Contractor, upon notification by the Owner of the Owner s intent to award a Contract shall execute and deliver a Contractor s Agreement, Bid Bond Performance Bond, Payment Bond, and evidence of all required insurance as described in the General Conditions and Supplementary Conditions. B. Each Bid shall be accompanied by a bid security in the form of a Bid Bond written on AIA Document A310. The Bidder pledges to enter into a contract with the OWNER on the terms stated in the Bid and will, if required, furnish bonds covering the faithful performance of the contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such contract or fail to furnish such bonds if required, the amount of the bid security shall be forfeited to the OWNER The Contractor shall obtain Builders Risk Insurance for the full value of the Contract This is a Prevailing Wage Rate project in accordance with the Minnesota Department of Labor and Industry. Contractor shall follow all applicable requirements including Chapter 177 and Sections through Workers compensation in accordance with MN. Statute , subd. 3 and shall be included for this project Contractor shall complete this job in accordance with MN. Law 2014, chapter 294, Article 2, Section 22 American made steel Instruction to Bidders T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

15 Bid Proposal Form

16 SECTION BID PROPOSAL FORM Municipal Solid Waste Transfer Station Construction at the and Landfill Mr. Steve Skoog, Environmental Services P.O. Box Lake Avenue Detroit Lakes Minnesota Gentlemen: In accordance with the "Advertisement for Bids", inviting proposals for the construction of a municipal solid waste transfer facility and appurtenant work as described by and in conformance with the plans and specifications, the undersigned hereby certifies that an examination has been made of the plans and specifications and the site of the work and hereby proposes to furnish all necessary labor, fabrication, equipment, materials, machinery, and all other accessories and means in the time and manner specified. Bid for Transfer Station: $ The undersigned agrees that, upon acceptance of a bid, he will, within five days of such notice, execute the necessary contract forms for this project and that he will provide the bonds or guarantees as required. The undersigned agrees he will commence and complete the work in accordance with the Plans and Specifications as soon as practical. The undersigned agrees to furnish and pay for all labor materials, equipment and appliances required by the aforementioned documents for the Bid sum and warranty this work for a minimum period of twelve (12) months after the date of substantial completion of the work. Accompanying this Proposal is a properly executed copy of the Affidavit of Non-Collusion and List of Subcontractors. In submitting a bid, it is understood that the right is reserved by the Owner to reject any and all bids, and it is agreed that a bid may not be withdrawn for a period of thirty days from the opening Bid Proposal Form T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

17 If a corporation, what is the state of incorporation? If a partnership, state full name of all co-partners: Name of individual, partnership or corporation: Official Address: Name of Authorized Official: Title of Authorized Official: Telephone Number(s): Authorized Signature: Percentage markup for Overhead and Profit for change orders % ACKNOWLEDGEMENT OF ADDENDA: I hereby acknowledge that I have received and am fully aware of the following addenda: (initial each) ***END OF SECTION Bid Proposal Form T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

18 SECTION AFFIDAVIT OF NON-COLLUSION Municipal Solid Waste Transfer Facility Construction at the Becker County Landfill I hereby swear (or affirm) under the penalty of perjury: (1) That I am the Contractor (if the Contractor is an individual), a partner in the bid (if the Contractor is a partnership), or an officer or employee of the corporation submitting the bid having authority to sign on its behalf (if the Contractor is a corporation); (2) That the attached bid or bids have been arrived at independently, and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the Advertisement for Bid, designed to limit competition; (3) That the concerns of the bid or bids have not been communicated by the Contractor or its employees or agents to any person not an employee or agent of the Contractor, and will not be communicated to any such person prior to the official opening of the bid or bids; (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed: First Name: Subscribed and sworn to before me this day of, 20. Notary Public My commission expires, Affidavit of Non-Collusion T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

19 SECTION LIST OF SUBCONTRACTORS All Contractors submitting a bid are required to list the Subcontractors related to their branch of the work. Failure to list Subcontractors may be considered cause for rejection of a bid. After the Agreement(s) have been let, Subcontractors other than those listed hereunder cannot be substituted unless authorized by the Owner after a written request has been submitted. 1) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 2) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 3) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 4) PORTION OF WORK: Amount of Subcontractor: (Name) (Street) (City) (Zip Code) 5) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) List of Subcontractors T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

20 6) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 7) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 8) PORTION OF WORK: Amount of Subcontract: (Name) (Street) (City) (Zip Code) 9) PORTION OF WORK: Amount of Subcontractor: (Name) (Street) (City) (Zip Code) 10) PORTION OF WORK: Amount of Subcontractor: (Name) (Street) (City) (Zip Code) ***END OF SECTION*** List of Subcontractors T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

21 SECTION CONTRACTORS AND SUBCONTRACTORS INSURANCE PART 1 - GENERAL 1.01 CONTRACTOR AND SUBCONTRACTOR INSURANCE A. The CONTRACTOR shall not commence work under the Agreement or otherwise under the Contract Documents, nor shall it allow any subcontractor to commence work until all insurance hereinafter required has been procured, a Certificate and endorsement evidencing its existence and compliance with the terms hereof and as otherwise set forth in the Contract Documents has been provided to the OWNER, and such insurance has been approved by the OWNER. The CONTRACTOR and SUBCONTRACTOR shall furnish four copies of an insurance certificate(s) to the OWNER using the standard Accord form (current Date), modified as set forth herein, as evidence of the required insurance. The certificate(s) shall indicate unconditionally that the insurance company will provide to OWNER, in the same manner and to the same degree as to CONTRACTOR and SUBCONTRACTOR, notice in the event of cancellation, non-renewal or any material modification or change in the policies and/or coverages thereunder. The certificate shall state, and CONTRACTOR shall furnish endorsements demonstrating that OWER and ENGINEER are additional insureds under the General and Automobile Liability. The insurance certificate must be signed and dated by an authorized representative of the insurance company INSURANCE REQUIREMENTS A. Refer to Supplementary Conditions Section 00800, Article 11 for specific insurance requirements. ***END OF SECTION*** T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\00400 Contractors Subcontractors Insurance.docx Contractors &Subcontractors Insurance

22 BECKER COUNTY WASTE TRANSFER FACILITY Project No DOCUMENT AGREEMENT FORM A.I.A. Document A101, "Standard Form of Agreement Between Owner and Contractor", 2007 Edition as published by the American Institute of Architects, Article 1 through 10, inclusive, are hereby made a part of the Contract Documents to same extent as if bound herein and as supplemented hereinafter. is not included within this Project Manual but is available for review at the Architect's office. AGREEMENT FORM

23 SECTION BOND FORMS 1. GENERAL A. The Performance and Payment Bonds shall be executed on standard forms provided as an attachment to this section. 2. FORM OF PERFORMANCE AND PAYMENT BONDS A. Two originals of each Bond shall be submitted to the Owner. B. The Bonds shall be issued by a Corporate Surety Company which is acceptable to the Owner, licensed to do business in the State of Minnesota, be rated by A.M. Best as A-minus or better, and listed in the current printing of the U.S. Treasury Department listing of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies. The amount of each Bond shall be within the limit set by the Treasury Department as the net limit on any single risk for the surety. There shall be no affiliation between the Contractor and the Bonding Agent or Agency. C. In the event of additions to the Contract, the Owner reserves the right to require evidence of an increase in the penal sum of the Bonds. D. Deliver executed Bonds to the Owner with the signed Agreement, accompanied by a certified and effectively dated copy of a Power of Attorney for the resident agent or attorney-in-fact signing the Bond for the Surety Company Bond Forms T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc

24 Construction Performance Bond Any singular reference to CONTRACTOR, SURETY, OWNER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business) OWNER (Name and Address) CONSTRUCTION CONTRACT DATE:, 20 AMOUNT: (Written Amount) Description (Project Name and Location): BOND DATE:, 20 AMOUNT: (Written Amount) T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Performance Bond

25 Contractor (Corporate Seal) Surety (Corporate Seal) Company Name: By: (Signature) Name:(Typewritten) ITS: (Title) Company Name: By: (Signature) Name:(Typewritten) ITS: (Title) On this day of, 20, before me personally appeared and, on behalf of the CONTRACTOR and SURETY named in this Performance Bond above, respectively, and each of them, as their free act and deed, caused this Performance Bond to be executed as of this date. Notary Public ATTACH POWER OF ATTORNEY FROM SURETY TO THIS BOND For Information Only (Name, Address and Telephone) Agent or Broker: Owner s Representative (Engineer) T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Performance Bond

26 1. Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph If there is no Owner Default, the Surety s obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formally terminated the Contractor s right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2. Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor s default: or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Performance Bond

27 without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor s right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the contractor for correction of defective work and completion of the Construction Contract; 6.2. Additional legal, design professional and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract Construction Contract: The agreement between the Owner and the Contractor identified in the signature page, including all Contract Documents and changes thereto Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Performance Bond

28 the Construction Contract Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Performance Bond

29 Construction Payment Bond Any singular reference to CONTRACTOR, SURETY, OWNER, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) SURETY (Name and Principal Place of Business) OWNER (Name and Address) CONSTRUCTION CONTRACT DATE:, 20 AMOUNT: (Written Amount) Description (Project Name and Location): BOND DATE:, 20 AMOUNT: (Written Amount) T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Payment Bond

30 Contractor (Corporate Seal) Surety (Corporate Seal) Company Name: By: (Signature) Name:(Typewritten) ITS: (Title) Company Name: By: (Signature) Name:(Typewritten) ITS: (Title) On this day of, 20, before me personally appeared and, on behalf of the CONTRACTOR and SURETY named in this Performance Bond above, respectively, and each of them, as their free act and deed, caused this Performance Bond to be executed as of this date. Notary Public ATTACH POWER OF ATTORNEY FROM SURETY TO THIS BOND For Information Only (Name, Address and Telephone) Agent or Broker: Owner s Representative (Engineer) T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Payment Bond

31 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and send a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc whom the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have send a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety s expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed Pay or arrange for payment of any undisputed amounts. 7. The Surety s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the contractor and the Surety under this Bond, Construction Payment Bond

32 subject to the Owner s priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11. No suite or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms labor, materials or equipment that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor s subcontractors, and all other items for which a mechanic s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto Owner Defaults: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. T:\1423 Becker Co\0008\June 8 Bid Pkg\Div 00_Front Ends\FRONT-END.doc Construction Payment Bond

33 BECKER COUNTY WASTE TRANSFER FACILITY Project No DOCUMENT GENERAL CONDITIONS OF THE CONTRACT A.I.A. Document A201, "General Conditions of the Contract for Construction", 2007 Edition as published by the American Institute of Architects, Article 1 through 15, inclusive, are hereby made a part of the Contract Documents to same extent as if bound herein and as supplemented hereinafter. is not included within this Project Manual but is available for review at the Architect's office. GENERAL CONDITIONS

34 BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN Project No DOCUMENT SUPPLEMENTARY CONDITIONS The following supplements modify the "General Conditions of the Contract for Construction," AlA Document A201, 2007 Edition, which is available at the Architect's office for review. Where a portion of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1: GENERAL PROVISIONS 1.1 Basic Definitions The Work Add the following to Subparagraph 1.1.3: "Furnish", "Erect", "Deliver", "Install", and "Provide", are intended to be synonymous, and indicate that the material or work mentioned is to be furnished, installed, or erected to completion by this Contractor. Add the following to Subparagraphs 1.1.8,: Initial Decision Maker As used in the Contract Documents shall mean Becker County. 1.2 Correlation and Intent of the Contract Documents Add the following to Subparagraph 1.2.1: ARTICLE 2: OWNER No Change. In the case of an inconsistency between Drawings and Specifications or within either Document not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance with the Architect's interpretation. ARTICLE 3: CONTRACTOR 3.4 Labor and Materials Add the following Subparagraphs 3.4.4, 3.4.5, 3.4.6, 3.4.7, 3.4.8, & to 3.4: After the Contract has been executed, the Owner and Architect will consider a formal request for substitution of products in place of those specified only under the conditions SUPPLEMENTARY CONDITIONS

35 BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN Project No set forth in the General Requirements (Division 1 of the Specifications) By making requests for substitutions based on Subparagraph above, the Contractor:.1 represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to that specified;.2 represents that the Contractor will provide the same warranty for the substitution that the Contractor would for that specified;.3 certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's analysis and redesign costs, and waives all claims for additional costs related to the substitution which subsequently become apparent; and.4 will coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects Whenever an article or material is defined by describing a proprietary product, or by using the name of a manufacturer, the term "or approved equal" if not inserted, shall be implied. The specific article or material mentioned shall be understood as establishing minimum standards as to the type, function, standard of design, durability, efficiency and quality desired and shall not be construed so as to exclude other manufacturers' products of comparable quality, design, and efficiency Makes and models of items which the Contractor alleges to be equal to the makes and models to items named in the specification, shall be subject to the written approval of the Architect. All approved substitutions shall be in writing and approved by the Architect. The Contractor shall not be relieved from the responsibility of furnishing articles or materials equal in quality, design and efficiency to those specified because of the approval of such alternate items by the Architect All Contractors and Subcontractors shall conform to the labor laws of the state in which the work is done, and all other laws, ordinances, and legal requirements affecting the work. ARTICLE 4: ARCHITECT No Change. ARTICLE 5: SUBCONTRACTORS 5.2 Award of Subcontracts and Other Contracts for Portions of the Work Add the following Clauses to 5.2.1: SUPPLEMENTARY CONDITIONS

36 BECKER COUNTY WASTE TRANSFER FACILITY DETROIT LAKES, MN Project No The Owner shall maintain the list of subcontractors and major material suppliers and issue a general approval of the same after official award of the contract, subject to the specific requirements of the Plans, Specifications, the "General Conditions of the Contract", and these Supplementary Conditions, and elsewhere with contract documents, as applicable. Deviations from the list of subcontractors and material suppliers shall be made only with the specific approval of, or at the request of, the Owner. ARTICLE 6: CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS No Change. ARTICLE 7: CHANGES IN THE WORK No Change. ARTICLE 8. TIME No Change. ARTICLE 9. PAYMENTS AND COMPLETION Add the following sentence to Subparagraph 9.3.1: The form of Application for Payment shall be a notarized AlA Document G702, Application and Certification for Payment, supported by AlA Document G703, Continuation Sheet. Add the following Clause to 9.3.1: Until Substantial Completion, the Owner will pay 95% of the amount due the Contractor on account of progress payments Add the following sentence: The payment shall be made within thirty days of the date of the Contractor's submittal of the above requirements and shall be sufficient to increase the total payments to 100% of the Contract Sum, less such amounts as the Owner and the Architect shall determine for all incomplete work and unsettled claims. A. TIME OF COMPLETION 1. Anticipated start date is August 31, Project shall be substantially complete no later than May 30, Final completion of the work will be on or before June 10, B. LIQUIDATED DAMAGES 1. The contractor will be assessed liquidated damages in the amount of $500 per day. SUPPLEMENTARY CONDITIONS