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CR 93-200 7th St Landfill ''\. '.:. ~\',. ... ( ,'"I Y '1 ...: ";.,~..- i 0 I v k ,:CC: I ! i I November 12, : 0 P I ~ ! Council Report 93-200 . 1993 I I K I 7th street Landfill. Approve Change Order for Final Payment Approve Addendum #1 To original Contract prooosed Action. Staff recommends the following motion: Move that Council aoorove Chanqe. Order No.:. 13 and Addendum No. 1 as they oertain to final oavrnent and contract revisions, 7th Street Landfill Methane Remediation Proiect. Overview. Methane monitoring at the landfill site reveals an on-going problem with meeting MPCA regulations concerning permissible levels of the gas at the Westbrooke Patio Homes property line. The City has undertaken several investigations to determine the source of the methane and how it may be crossing the barrier towards the Patio Homes. The latest investigation in September indicates there may be a problem with tears or punctures in the membrane near the. top of the barrier over the installed rock pack. This rock pack was originally installed as part ofa passive venting system in the barrier project. Other features of the venting system were dropped from the final design but the . rock pack installation remained. The City's California consultant recommends exploratory digging over selected areas of the rock pack and subsequent remedial . repairs should tears or punctures be found. staff has negotiated with Ames Construction to return to the site to undertake the project. Primary Issues to Consider. + Terms of Change Order No. 13 +.Terms of Addendum No. 1 to Contract + Recommendations Suooortinq Information. . Change Order No. 13 · Addendum No. 1 J~S~ Engineering Superintendent . ----- - . ------- - '-' -- ' '" . .... '. . Analvsis. · Terms of Change Order No. 13 Change Order No. 13 provides a summary of the contract price and of payments made to Ames Construction to date. Part of this final payment is made up of charges not paid by the city for past change order work. Most however is made up of retainage that the City refused to pay until the efficacy and effectiveness of the installed barrier could be determined. The contractor has refused to return to the site until such time final payment was made. The final payment is for $39,878.87. · Terms of Addendum No. 1 In summary, the terms of the addendum to the original contract with Ames Construction call for exploratory excavations over the membrane barrier without admission of liability on any party. In addition the tests and exploratory work undertaken will not prejudice either the city's or contractor's rights. Lastly, neither party waives their right to legal recourse at some time in the future. Ames Construction agrees to carryon the work in return for the retained compensation. Ames also provides an updated insurance certificate. Ames agrees to bear excavation and repair costs where tears or punctures are found but will be . compensated on a cost plus 10% basis where no punctures or tears are found. The City agrees to final compensation to Ames under terms of the original contract. Both parties agree that Ames 2-year warranty of their work begins once this final payment is made. Recommendations. Staff finds the terms of Doherty Rumble & Butler's negotiations with Ames the best possible result under the circumstances. The City is caught between ever insistent action demands upon it from the MPCA and its reluctance to make final payment on a product in which it does not have full confidence. Making final payment, having Ames return to do exploratory work that may lead to an ultimate solution to the on~going methane problem, and finally being assured of a 2-year warranty on the barrier appear to make up the city's recourse at this point. Staff recommends approval of Change Order No. 13 and Addendum No. lo . . " ,.;.1- \.-,-- /'" <''''''..:. '.... CHANGE ORDER NO. 13 PRomCf: 7th Street South Landfill Gas Remediation Date: November 8, 1993 . Hopkins, Minnesota OWNER: City of Hopkins Owner's Project No.: 90-18 TO: (Contractor): Ames Construction, Inc. 12079 14420 County Road 5 Bumsville, MN 55337 . April 1, 1991 You are hereby directed to make the following change in the Contract Documents. Description of Change: This Change Order is executed to provide a summary of the Contract Price and of the payments made to date. Previous Change Orders, while correctly documenting the changes to Contract Price and Contract Time, included inaccuracies in the CHANGE IN CONTRACf PRICE section below. Attachment: Supplement to Change Order No. 13 (1 page) CHANGE IN CONTRACf PRICE Original Contract Price $1,332,821.20 . Amount Added Via Change Orders 151,687.74 Amount Over Bid Price for Section 1 57,051.71 Amount Under Bid Price for Section 2 (51.51) Current Contract Price $1,541.509.14 CHANGE IN CONTRACf TIME Original Final Completion Date for Section 1 July 8, 1991 Original Final Completion Date for Section 2 August 1, 1991 Final Completion Date for Section 1 by previous Change Orders July 8, 1991 Final Completion Date for Section 2 by previous Change Orders August 1, 1991 Final Completion Date for Section 1 from this Change Order October 5, 1992 Final Completion Date for Section 2 from this Change Order October 5, 1992 Engineer's Recommendation, by ~ Z.X4~__~ date I/~Bh3 RIEKE CARROLL MULLER ASSOC., INC. /' / " Contractor's Acceptance, by r~ U .}/l.:J-I,L~ date it /1.<.))93 AMES CONSTRUCTION, INC. . ( Owner's Order, .by date CITY OF HOPKlNS- " . .....' ,,' SUPPLEMENT to CHANGE ORDER NO. 13 7TH STREET SOUfH LANDFILL GAS REMEDIATION I. CITY OF HOPKINS PROJEcr NO. 90-18 RCM PROJEcr NO. 12079 The following is an accounting of the Contract Price and of the payments made to date: Original Contract Price $1,332,821.20 CHANGE ORDER SUMMARY Amount Added via Change Order No.2 $20,000.00 Amount Added via Change Order No.3 9,386.71 Amount Added via Change Order No.4 21,651.88 Amount Added via Change Order No.5 1,870.00 Amount Added via Change Order No.6 22,693.05 Amount Added via Change Order No.7 21,080.20 Amount Added via Change Order No.8 18,200.00 Amount Added via Change Order No, 9 26,746.40 Amount Added via Change Order No. 10 2,622.00 Amount Added via Change Order No. 12 $7.43750 Amount Added via Change Orders $151,687.74 151.687.74 SECTION 1 SUMMARY '. Amount of Work Performed $991,87451 ~'i Less Original Bid Amount 934.822.80 Amount Over Bid Price for Section 1 $57,051.71 57,051.71 * SECTION 2 SUMMARY Original Bid Price $397,998.40 Less Amount of Work Performed 397.946.89 Amount Under Bid Price for Section 2 $51.51 (51.51)* Current Contract Price $1,541,509.14 PAYMENT SUMMARY Payment Application No. 1 $434,341.27 Payment Application No.2 368,692.00 Payment Application No.3 389,983.00 Payment Application No.4 216,169.00 Payment Application No.5 92.445.00 Total Amount Paid to Date $1,501,630.27 ($1.501.630.27) Unpaid Balance to Date $39,878.87 . *Note: This amount, calculated from the Payment Application accounting (based on Engineer's records), incorporates that portion of the deduct amount of Change Order No.1 included in this'section of the work. Therefore, the deduct amount ($30,834.70) of Change Order No.1 is not included in the CHANGE ORDER SUMMARY above. .." - '~.., MmS .. THIS ADDENDUM NO. 1 to that certain agreement dated as of the 20th day of March, 1991, between the City of Hopkins, i Minnesota ("owner") and Ames Construction, Inc. (n Contractor " ) I I WHEREAS, Owner and Contractor entered" into a certain I "Standard Form of Agreement Between Owner and Contractor on the Basis of a Stipulated Price" ("Contract") dated as of the 20th: day of March, 1991, for the installation of an HDPE gas barrier ' system with appurtenances, and other Work more particularly i defined in section 1.03 of the General Conditions to the ~ Contract; and i ! WHEREAS, subsequent to the initial performance of the'Work described in the Contract Documents elevated levels of methane: were detected on the easterly (Westbrooke Patio Homes) side of the HDPE gas barrier system; and WHEREAS, the parties have agreed to a procedure whereby , exploratory excavations are to be made in the areas in which the .&ii highest methane readings have been observed;' and WHEREAS, the parties have agreed that the exploratory excavations are to be made without admission of liability on any party, that the tests and exploration described in this Addendum are to be without prejudice to the rights of any party, either under the Contract Documents or at law or in equity, and that by undertaking the exploration and testing herein described, neither party is waiving any right, claim or defense it may now have or may in the future have, . either under the contract Documents or; at .law or in equity. ! NOW, THEREFORE, the parties agree as follows: 1. Definitions. Terms used herein shall have the meanings ascribed to them in the Contract Documents,' unless the context requires otherwise. 2. Exoloratorv Work to be Performed. Contractor shall perform the exploratory work on or adjacent" to the membrane barrier more particularly detailed in Exhibit "A" attached hereto and made a part hereof. ("Exploratory Work"). Such Exploratory Work shall commence upon written or oral notice to proceed from the Owner to-Contractor, but in all events such notice to proceed shall be given to contractor not later than November 11, 1993. . -. ~ 3. Release of Retainaae. In consideration of the execution -- of this Addendum and the performance of the Exploratory Work by - Contractor, Owner has, simultaneously with the execution of this Addendum, released and paid over to Contractor the sum of $39,878.87, constituting all of the funds currently retained by Owner under the Contract, the receipt of which by Contractor is hereby acknowledged. 4. Compensation for Exploratorv Work. It is agreed that if punctures, tears, or ruptures in the membrane barrier are found as a result of the Exploratory Work, Ames will bear the costs of such excavation in each location where punctures, tears, or ruptures are found, in addition to the cost of patching or repairing such punctures, tears or ruptures. In all locations where no punctures, tears, or ruptures are found, Ames will be paid by the Owner for the Exploratory Work on a cost plus 10% basis within 30 days after the completion of the work. 5. Field Protocol. Attached hereto as Exhibit "B" is a protocol prepared by Reike, Carroll, Mllller, the Owner's engineer ("RCM") who shall observe the construction of the Exploratory Work, on behalf of the Owner. It is understood and agreed that both Contractor and Owner shall be entitled to copies of all reports, documents, films, videotapes or other records generated in the course of the observation of the Exploratory Work by RCM. . 6. Performance Bond. It is agreed that the date on which the final payment under the contract falls due, as such phrase is used in that certain Performance Bond issued by st. Paul Fire and Marine Insurance Company as surety, in favor of Owner, shall be the date on which the retainage is paid to the Contractor, pursuant to the terms of paragraph 3 hereof. By its consent hereto, the surety has acknowledged the terms of this Addendum, including, without limitation, the terms of the Paragraph 6. 7. Certificate of Insurance. Prior to commencement of the Exploratory Work hereunder, Contractor shall, without cost to Owner, furnish Owner an updated certificate of insurance, evidencing the continuation of all insurance coverages originally required under the Contract, and naming the Owner as an additional insured. 8. Other Terms and Conditions Unaffected. All the other terms, covenants and conditions of the Contract shall remain in full force and effect, except to the extent explicitly modified hereby. . lio+ .. " This Agreement will be effective on November 11, 1993. - \, ~ OWNER: CONTRACTOR: The City of Hopkins Ames Construction, Inc. By By ~ [).~~ Its Mayor Its P;ZO :ns<.:. r /J111 IV 1(6 G:-l.... By By Its City Manager Its ATTEST: ATTEST: "'- . . , -~ ji.,' i 11leo.~'I" ' ST. PAUL FIRE AND lVIARINE INSURANCE COMPANY CERTIFICATE OF ".raU " " " 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. CERTIFIED: , For verification of the authenticity of this Power of Attorney, you may telephone toU, free 1-800-421-3880 and ask for COP~ ,N,O. " '. " the Power of Alt?rney Clerk. Please referto the Certificate of Authority No. and the named individual(s). ", '1 7 ~. 4 ~ 88 . ;,', , " GENERAL POWER OF ATTORNEY - CERTIFIED COpy ,- "+, v .. _ " ;, "";:',';':(. ','" (Original on File at Home Office of Company. See Certification.) .' "',,' , . '., __ , l'l<5\Q9.1i. MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State . of Miimesota, having, its principal office in the City of St. Paul, Minnesota. does hereby constitute and appoint: , ,'. ';;." . ... :!:')':}{:'YW;:'{{i)f\;(,~(\{}!.';)i!'<~'.,'''' : . , " " . , " ,';ji<.:.. . ,:'" \:: :',,; : " :~"N J,Telaiic1.ei ~R.' W _ Frank, John P.. Martinsen, Gary S ~ Soderberg" 'R.' Scott."', )i': ::,!,Eggintori.> .DoDald' R_.' Olson, Dennis J . Linder, John E. Tauer, Mar:y L. Charles" '::;,'f ,''', , ""'indi' . 'riduall 'Minnea: li Minn seta ,. \ ,... "," . :/.i';.::;\I.l!i.~l:tli::r:I""'ll'''~ ::f:t/(!;'lId"":~' ~1,." e. .' ..', ' . " , ; . ", ':: '. ~,,!l:'~;',:, :,.[:'/:': '.:,~':,:\',:: ': ;! :!ts' trtIei ,and. )~~I. ;ltton:!~y(sFri-~ac~) to'e~ecute. seal and deli~er f?r and on its behalf as surety; 'a~y' and all bo~ds and' undertakings,; recognizanc::s~:pontractSof i, ;;! mdeJruJI,t,)'( aq~. ~Q~hex; ','r.W~~gs. ~?bg~~~ry ;,m !~e. '.la~re. f'ler70f;, ,w~lch :rre ,or may be allowed.r~qulred~r,p.e~ltted ,by, Ia,~, ,st,atu~~!\ I'\lle. ,~eglll,~tl,~I,1,~ ,~o~rrilct',o~;' ;, II! :qt~~r?fll'~7\;} 11t f}\J Jll,}) )}J.;(Ji(LiiJrl ,JJ/i)(} P) !lllt/)lll;) Il};;!); j/: il j J} ;i.' },'}l / J Ji / j iJ).J' II t" /} }},:j ',:I,!1 I;':: J.' i} :,:; J; J,:! lill} i/) }!l i i !ft,: l} ill''','!}! j il!:;'': 1/ i/l J.:!! / 1////,://1;/1 Iii ;.'/il/ iilllll!!; I ill! Ii /j It ~. ....\ )'\ I! {, . \'t ,j; ! " ,.;,., )\::'\'\\\I:~:i;'!:'!I,,!':{:ll::'(": '; ~J. "'(;l',.i\. ;::' ."...~ ~\.(\l... :\:II\,~\;jll\' ,~;: :, 1~::~I,;\".~'t;".\i '\~,!,l:~,\\\:",~\\\l.~;.l,~\\,"\ in! \:1 il) II Ii)))}), ))1(1) ))j)}/im)))))! i) I) j)) !)}j)i ;I)))}))) )),)))); )i)))) ..1m;:) lin: ))I'm)),:) ";):)::}) if 1 in ))))) till ;:)) j; i! in J,:,\:;;,'!).i !),:,l} j m/Ji)i!)}} Ii!;;;! i}! Jl)i; nI) J)})J i i/ : (I '~.)\ \\ I{ ili)) ;!))!)))/,') ) I! i));} f if)}}; \,1})! ;,;l!))) \;1') \\ \~))'i !:l~'~'}) !I}/;:':,.,'. In: \;/ \ i:;;;;);; \'; ,;,': .' '. '::. '\\ ':':"~:~:, ::~ '::,:) :.)\; ::'.'. ," >"i ';' :: i')i!:: ::\));:!J; )}n!1 )J:;;:i m:;\:~{\:; (~~~!;;! (, i;". ,,,NOT ,TO ,EXCEED;TIikP:ENALTYTHE SUM OF, E'IE'TY.l-ll:LLION roLIARS, ($50,. 000,000),: EArn;!i,i' i! /, / '{ . 'i',t " i . ' ~ " .,! ' I .' I , ' . '. .. , :" : . , . '. .' :, .... . , , ' . I ; ; -. . .: .' ' .' ; .' '. ! I ;.. . . "':'. l l t _ . , i \ I I . I ;' \ ,\' and the. execution dfaU, such inS,trUment(s) in pUrsuance of these presents.. shall be as bindingiJpon said\ St.. Paul Fire and MarineInsurarice: ~onipany;as .fulIyiirid::: !: amply;.to:a~1 hlt~nts a?~pu.rposes; ~sif t~e sa1!!~ ha~ been duly ~x.ecuted:~d:ac~~?~ledged ~y its regularly ~lecJed office~ at i~ prii1~iPllr oft;ice,,;,: ; i (!; \ (..' (i (( ( (i \ 1, {( \ \ \ ( (', \1. , :~I'\;l\j-;\\'i\\\~\~I\l~~ 'l~.~t.j~;'i~li"l\.; I ';"1."';' .'.," "'~' ~.~: .~ : l,I,; ".l:': ~ :.,;.j',:_'. I'~:,: '.,',' , ." "'.I"';I;.:'!i\"I;:~;:j:I\lli!~\\;I;!jl'.! ! This Power of Attorney ;1S' executed, and may t>e certifiedio and may be revoked; pursuant to and by authority of Article V,-Section 6(C);,of'the By'~Laws :adhptedl;y'; : ,; the Sb:rreholders'of,ST:, PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 28th day of April,:j978"of which:the' folloWiiig, , '< ~s .a t~~;Y:'~~0~il~\~r!~\(~;~;~~\~~,~ ~<?t.' 'i.'" ',. >'." ": " '):,';1.:,:' '),>r: :'.".:~ <'e. ':')-'.,;,:" ,;: ,,' :' ",,': '\'}':: .;\.y\ )\I,\,'\ \ \ \11\ ~ \ ~ \'. '; \ \:jii\ \\'y:\ \ 1\; \ \)i) , ': ,;','The'President'or.any'VicePresident, Assistant Vice President. Secretary ,or Service Center General Manager shall have power, and authority' 'ii,;,; \; !(; :(~j;,,;,; \: . " '.,." ,\ (1)' ,To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company' thereto; bonds' and' , : , , , ' : , ' , undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. and , , ' . " ., . .' . ,'. ",;, (2) To appoint special Attorneys-in-fact. who are hereby authorized to cenify to copies of any power-of-attomey issued in pursuance of this, section ",,' \ '. and/or any of the By-Laws of the Company, and " ',;' ".' ;,' (3)', To remove. at any time, any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him. ", . "";. ..".;.\\ ,", ;, ' , Further. this Power of Attorney is 'signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on thdth day of May, 1959,. of which the following is a true excerpt: .' . . , "Now'therefore the signaJures of such officers and the seal oftheCompw:.y may be affixed to any such power ofanorney or any certificate relating thereto by . ,', facsimile" and any, such power of attorney or c,ertificate bearing suc, h,facsimile signatures or facsim, ile seal shall be valid and binding upon t,he com,pany a, nd i, ,...; ,any such po,:\,erso ~ecuted 3l!-d c~~ified by facsimile:~!gnatures and fac~imile seal shall be valid and binding upon the Company. in the future with respect to ,.......,?~;t~~d~r.~n~~~~g:,t,~',~~~~ltlsattachect",::';:.i:.',::, ' :'" ',', '.' ., .:. ." .;: ':. . .,. .:: . ,.\\;\\~':'IlI;.., '. "... :, .: I ;tN.TESTIMONY wHEREOF; St Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate :}fj#!'li~~\1U l1i~~~ ,..., ':,".:"selal,t~,~a~edb:itsauthorized~fficer,this30thdaYOfNOvembe:~A.D. 1990. . '.., " , " ":~ ,..,.,.'tl",,,,;- t.~ ")~);\':I:"')'~,:)~IL)<.' ,': ',-. . '. ,,'", ': ST~PAULFIREANDMARINEINSURANCECOMPANY ( ..Iii '-- ;~",::,; ':I.,,::,",":"\"~" ".. . '. .' '.'. ~ .:,,' .~' '.. ' , ~ _ ii,' ,1""1'" ,', \'11'1, ,;1'1 '.. ,. ' . .,. .' ""':'~\)..;..." I I,. . ,::\ " - I;. lj/}..l,:...}.,';JI"I '}I/', .' )! " . , " ~:I, '.y I 1V~ . .: \<q,n. r:P;p,.....j'", '\ ".S:rATEOFNEWJERSEY ss " .' ", ,'. .,', '" ".',' :.'" I, ~t yo il(.. _ I" Ii j I : ,I' .. '. t , ' J I I I . ". ' . j , ."IIII~!~~,~~\\"'" '< " i: :: U ~?U~~y O,~ ~?I?merset , }.'", . , .. . . . ,", ',' ",',; , ", " . MICHAEL B: KEEGAN, Secretary J" \ .t:,\:.::),1}j'i: ,i ," .'.I"j;,l/:,,\J:.;~};:,I\.I( 'l'/:~ ,:";' .' I :/",' ".,',1',,::, '.,',::' '.:/, :,:';t.':' ":,, ...,.;"1:,';/1....'/,: " 1,.,'/' ",./I.'/! Onthis..I\':"',:24th ,::',';\:oax.o'f.\\ ":June" ,'" " ".19. 9? ;.beforemecame individual. who executedthe:precedinginstrument,;ro me , personally: known, ano, being, by me:duly sworn, said that he/she is the therem'7iescribed and authorized officer of St. Paul'Fire and Marine Insurance Company; " thac the', seal"'affixed ro'saidinstrument'is the' Corporate Seal of said Company; that the said Corporate', Seal andhis/her;signaturewere' duly affixed by order of-the, 'BoardofDirectors.ofsaidCompany,':', ;,: '. ',' , ' , '",' ", ',' "", :' ' " , : ,,':';', ",:}lj!i\;'::))));': :.:,;!".:-,i]i):,:):<::'.: '.... :,',' " . '. '.... . . " '. .'.." ." ,,';.";,'j :,j,': ;:;','," . I , '. ',.: ,'.'" ':::' :',: \ :'\,"'\:: \ '. :: \\, ..' ',', .',IN TESTIMONY WHERE~F, I have hereunto set my hand. and affixed my Official Seal, anhe township of Bedminster.New Jersey, the :; "'S&lE !.! i Ii. ; i:; ".:!. :, day, and year first above wrttten. . ' , ~'" l',y,:' '\" ..' "'" '.., . , ' . t;, ~ ~q:;,'l, I,:: /.l.::I!lli:; \, "I' 'Jll , i, \, \c;ln;;'!':i:';'>:':: .', .' " . "', ....., " . . ' ,;: ; : ) ,': \., " ...., ,-, : ., .' , , ' . LINDA SMEffffiRS, Notuy Public. Middlesex. NJ :i;\\{f\.J\(:.\',>,.,..., MyCommissionExpir~s Dec~mber 16,1996 cE~;Jl(t(ri6N' , "; ",,1,;',:""',"''':'''':: ;':i" , ' " " ' ,.':' " :.: . " r. the undersigned officer of St.. Paul Fire and Marimi Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit; and the copy of the ,SecJion of the: By-Laws of said Company as set fonh in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF: SAID COMP ANY, and that the' same ate' correct transcripts thereof, and of the whole.of the said originals, and that the, said Powerof Attorney has not , been~vok~andis'noYfinfullforce'and;effecr_';:,:':,: ' , '" ;" ' ", y, ',,' , I , ' , , ' ~ / ;, . .!" . , '-' ~ \ ;. ;'," 'c ; ~ " '\" ",". \ , \ I, '. \ ' . '. . " ~"";;:i"~;~~~~~~o~.;"'reh,rec","'",mY_ili" ,,' ~~,~.' ~__~,':"".",: ' .ti,~ ;;~, " "...,.!;"" .'," ,;" . '- , ,:. ~.:, . , %~iii.~~'(:,: ".:::.. : '. rOth' ,. day of' November ..19~. ' ROYF.~E;~Q.~R;Assr}e~retary .. . .. ! ,j. .:,' , , . ,'. . ". '.' .' .. , ; . ".' ' , 'I .:' ' '~ Only a certified copy 'of Power of Attorney bearing the Certificate of AuthoriJy No. printed in red on the upper right comer is binding. PhotocQpies, carbon copies or Otherrepro(ju~tionsor tbisdocurnent are, invalid and not binding upon the Company. ' " , " , , 1::" ~l;~;'l";'~;':'I::',~~:':l \'. ,; ANY INSTRUMENT IS~~ED IN .EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY: I'" . 29550 Rev ,5:92 Printed in U.S.A. 1t---, '~ ''"--- COBSEN'! Olr ST. PAUL PIU I AND lO\RDiE DiSU'RAHCB COKPUY . \ st. Paul Fire and Marine Insurance company as surety in Perfor:m.ance Bond No. 400JD73~2 dated March 20, 1991 , herevi th consents to the foregoing Addendum No. ___ to Construction contract. (Change Order No. 13) ST. B'u' ./~ .:z. Attorney-in-F~ct Bruce N. Telander . .. . lP5 Im15 4 . J.... ~A~, "!' -~ -. G_HY' ~ Exhibit A NG-l . / G-l:5 ~ BUILDING 119 El ~~G' @ / NG-2 I') I') N <'l r-- ~G-6 3= ~ G-16 . I') If) ;., If) @] 0 z \<( . P-J ~. 0 ~SS~ y BUILDING #17 ~ G-I'l Hi NG-J G-7 61 @ G-18 61 , . BUILDING 1122 A .... .. FOUND SURVEY UCflUUEllr ~ ll,- ?~~~ ~_ l.,~.. , c,.{,o Exhibit B Description of Work .. \ .... 1. This work shall consist of excavation of topsoil and granular material down to the HDPE liner, inspection of the liner, liner repair, if necessary, backfilling. and restoration. The Contractor shall excavate five areas as identified by the Owner. The size of each area to be excavated shall be approximately 10 feet wide by 15 feet long. . 2. When exposed, the liner will be inspected for ruptures, and/or damage. If the liner is damaged or ruptured, as determined by the Owner, the Contractor shall repair the liner according to Section 02776, paragraph 3.08C of the project specifications. 3. When the liner has been repaired or after it has been determined by the Owner that there is no damage or ruptures to the liner the Contractor shall backfill the excavation according to the project specifications and as directed by the engineer. The Contractor shall also reseed and remulch the excavated areas in accordance with the project specifications. 4. It has been determined that potentially explosive gases areventing through the surface of the areas to be excavated. The Contractor is responsible for site safety and shall complete the above described work in accordance with the site safety plan that was previously prepared. The Contractor shall also review with the City of Hopkins Fire Department the Fire and Explosion Contingency Action Plan that was previously prepared. 5. The Owner will document the above described work with pictures, videotape and a written . diary. Copies of this documentation will be available to the Contractor upon completion of the work. .