04-17-06 Regular
CITY OF RICHFIELD, MINNESOTA
MONDAY, APRIL 17, 2006
REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING
RICHFIELD CITY HALL
COUNCIL CHAMBERS
6700 PORTLAND AVENUE
7:00 P.M.
AGENDA
Call to order
1. Approval of minutes of (1) Special HRA Meeting of March 13, 2006; (2) Regular HRA
Meeting of March 20, 2006; and (3) Special Concurrent HRA/City Council/Planning
Commission Worksession of April 3, 2006
Notes:
2. HRA approval of agenda
3. Consent Calendar contains several separate items which are acted upon by the HRA in
one motion. Once the Consent Calendar has been approved, the individual items and
recommended actions have also been approved. No further HRA action is necessary.
However, any HRA Commissioner may request that an item be removed from the
Consent Calendar and placed on the regular agenda for HRA discussion and action. All
items listed on the Consent Calendar are recommended for approval.
A. Consideration of approval of resolution authorizing HRA not to waive monetary limits on
municipal tort liability established by MN Statute 466.04 S.R. No. 13
B. Consideration of approval of contract with Hennepin County to provide funding for social
service component of Kids @ Home Program through Supportive Housing Initiative Fund
S.R. No. 14
Notes:
.
4. Consideration of cooperative agreement funding and demolition of parcels in Cedar Point
project area with City of Richfield for demolition services; and plans and specifications and
advertisement of bids for demolition and related work for apartment buildings at 6400, 6520
and 6528 Cedar Avenue
.
Staff Report No. 15
Notes:
5. Executive Director report
Notes:
6. Claims and payroll
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must
be made at least 96 hours in advance to the City Clerk at 612-861-9738.
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AGENDA ITEM # 3A
REpORT # 13
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STAFF REpORT
RICHFIELD
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
APRIL 17, 2006
REpORT PREPARED By:
STEVEN L. DEVICH, EXECUTIVE
DIRECTOR
NAME, TITLE
REpORT PRESENTER:
REVIEWED BY EXECUTIVE iii"
DIRECTOR:
ITEM FOR HRA CONSIDERATION:
Consideration of a resolution authorizing the HRA not to waive the monetary limits on statutory
municipalitv tort liability
I. RECOMMENDED ACTION:
By Motion: Adopt a resolution authorizing the HRA not to waive the
monetary limits on municipal tort liability established by Minnesota
Statutes 466.04.
I II. BACKGROUND I
The HRA purchases its insurance from the League of Minnesota Cities Insurance
Trust (LMCIT). A requirement of that insurance coverage is that each participating
municipality must annually either affirm or waive its statutory limits of liability. This
action must be taken on or before July 1 of each year.
The current statutory limits of liability for Minnesota cities are $300,000 for an
individual claimant and $1,000,000 per occurrence. Cities can waive those limits by
allowing an individual claimant to recover more than $300,000, up to the $1,000,000
occurrence limit or more if limits are waived and excess liability insurance is
purchased. They may also waive the per occurrence limit and purchase excess
liability insurance.
Historically, the Richfield HRA has not waived its limits of liability. This is true of the
City of Richfield also. The majority of cities in Minnesota have not waived their
limits in the past.
0417 Tort Liability HRA
I III. BASIS OF RECOMMENDATION
I A. POLICY I .
. The State Statute establishing liability limits for cities at the current
$1,000,000 level was established fairly recently and appears to be a
reasonable limit.
. Historically, just over one-half of the municipalities in Minnesota have not
waived the monetary limits on municipality tort liability as was established
by statutes 466.04.
. The HRA could waive its statuary limits in future years if the
Commissioners should decide to do so.
. The City of Richfield has historically not waived its limits of liability.
I B. CRITICAL ISSUES I
. The HRA's insurance policy with the League of Minnesota Cities
Insurance Trust renews on July 1, 2006. This action must be completed
before that time.
. The HRA does not have to make a decision on purchasing excess liability
coverage at this time. Coverage such as excess liability may be added at
any time.
I C. FINANCIAL I
. There is a slight premium savings for political entities that affirm the
statutory monetary limits. For the Richfield HRA the savings would be
less than $1,000 for the coverage year.
. The HRA has historically not purchased excess liability coverage because
of the relatively high cost of such coverage. The cost for $1 ,000,000 of
excess coverage would be between $5,500 and $6,500 per year.
I D. LEGAL I
. The tort liability limits established by Minnesota statutes have protected
cities historically and no Minnesota court has ever established a monetary
award in excess of the statutory limits against a municipality.
. Each municipal entity must annually decide whether the City would
voluntarily waive the statute for both the single claims each occurrence
limits.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. If the HRA feels that any single claimant should receive more than the.
$300,000 limit, the HRA could elect to waive the statutory monetary limits.
. If the HRA feels that the $1,000,000 per occurrence limit is not adequate, the
HRA could purchase excess liability coverage and subsequently waive the
limits of liability up to the amount of excess coverage purchased by the HRA.
I V. ATTACHMENTS
. Resolution
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None
HRA RESOLUTION NO.
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04
WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits for
Minnesota cities; and
WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each
city review the tort liability limits and determine if the respective city would choose to waive
it's limits; and.
WHEREAS, such decision to affirm or waive the tort liability limits must be filed with
the League of Minnesota Cities Insurance Trust at the insurance renewal date.
NOW, THEREFORE, BE IT RESOLVED that the Executive Director is directed to
report to the League of Minnesota Cities Insurance Trust that the Richfield HRA does not
waive the monetary limits on the municipal tort liability established by Minnesota statutes
466.04.
Approved by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 17th day of April 2006.
Suzanne M. Sandahl, Chair
ATTEST:
Donna Drummond, Secretary
AGENDA ITEM # 3:8
REpORT # 14
.....
STAFF REpORT
RICHFIELD
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
APRIL 17, 2006
REpORT PREPARED By:
L YNNETTE CHAMBERS, LEASED HOUSING
SPECIALIST
NAME, TITLE
REpORT PRESENTER:
BRUCE P ALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
DEPARTMENT DIRECTOR REVIEW:
NAME, TITLE
all
REVIEWED By EXECUTIVE DIRECTOR:
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ITEM FOR HRA CONSIDERATION:
Consideration of a Contract with Hennepin County to provide funding for the social service
component of the Kids @ Home Program through the Supportive Housing Initiative Fund
(SHIF).
I. RECOMMENDED ACTION:
By Motion: Approve and authorize execution of attached Contract
with Hennepin County to provide funding for the social service
component of the Kids @ Home Program through the Supportive
Housing Initiative Fund (SHIF).
I II. BACKGROUND I
. Richfield Housing and Redevelopment Authority (HRA) staff administers a local
rent assistance program entitled Kids @ Home Program. Eligible families are
encouraged to apply for the program. After their eligibility is verified, the HRA
provides rental assistance for the family under the terms and conditions of the
program. The rental assistance payments are paid directly to the
owner/manager of the property. The family is then referred to the Storefront
Group who helps the family develop a goal setting plan.
. In the past, funding for the social service component part of the Kids @ Home
Program has been provided by the Richfield Community Council.
041706 Henn Co Contract (2)
. In 2005, Richfield HRA requested funds from Hennepin County through their
Supportive Housing Initiative Fund (SHIF) to pay the social service component
of the Kids @ Home Program for 2006, 2007 and 2008.
. Hennepin County approved Richfield's request to provide $30,000 in funding for
2006 and 2007 and $29,000 for 2008.
. Hennepin County has drafted a contract that must be signed by the Executive
Director of Richfield HRA, in order to release the funds.
, I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The social service component of the Kids @ Home program is an
important aspect of the program. .
I B. CRITICAL ISSUES I
. The contract needs to be signed in April in order for Hennepin County
to release funds in June.
I C. FINANCIAL I
. Richfield HRA cannot provide funding for the social service
component of the Kids @ Home Program.
I D. LEGAL I
. This is a standard form contract used by Hennepin County.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Do not sign the contract and funding will not be available to support the
social service component of the Kids @ Home Program.
I V. ATTACHMENTS
. Contract
I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING
. N/A
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Contract #A060521
PURCHASE OF SERVICE AGREEMENT
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF
MINNESOTA, hereinafter referred to as the "COUNTY," through the Hennepin County Human Services and
Public Health Department, A-2300 Government Center, Minneapolis, Minnesota 55487, hereinafter referred to
as the "DEPARTMENT," and Richfield HRA, 6700 Portland Avenue, Richfield, Minnesota 55423,hereinafter
referred to as the "PROVIDER."
WITNESSETH:
WHEREAS, pursuant to the Children and Community Services Act, Minnesota Statutes, Section 256M.01 to
256M.90, as now in force or as hereafter enacted, and pursuant to the County Social Service Plan, the
COUNTY has identified a certain population within the COUNTY who are in need of supportive housing
services, and wishes to purchase these services from the PROVIDER; and
WHEREAS, pursuant to County Board Resolution No. 02-12-666R1, the Supportive Housing Initiative Fund
(SHIF) was created through a collaborative effort of the Hennepin County Board of Commissioners and the
Family Housing Fund; and
WHEREAS, the PROVIDER will best serve the needs of the target population by providing services through a
grant contract that is subject to adjustment by the COUNTY; and
WHEREAS, the County wishes to purchase such services from the PROVIDER; and
WHEREAS, the PROVIDER is qualified to furnish said services. t,;
__.__"_~.-.~~,-,. ___^._-'----____._~.__ nn__'__ ~......_ _ _
NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the
COUNTY and the PROVIDER agree as follows:
1. TERM OF AGREEMENT
The term of the Agreement shall be from May 2, 2006 through April 30, 2009.
2. DESCRIPTION OF SERVICES
a. The PROVIDER will provide _services as described in Exhibit A: Contracted Services.
Exhibit A is incorporated into and made part of this Agreement These services shall be
referred to as "Purchased Services."
b. The Purchased Services are briefly described in the following summary:
The Agreement provides site-based funding for supportive housing services for
residents living at or below 30% of area median income only. The majority of residents
served must be receiving assistance from at least one of the Hennepin County Human
Services departments. Funded projects must contribute t6 the goals outlined in the
City/County Homeless Task Force Recommendations, and must add to the number of
supportive housing units currently available. Funding may be used to supplement
services not reimbursable through mainstream funding (funding- other than for
homeless specific programs) and other services that promote housing stability and
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could be utilized by all residents regardless of their individual eligibility for mainstream
funding. Funding for these services is directed to the PROVIDER for use in supportive
housing settings, including scattered site projects. Services include, but are not limited
to, case management services for residents who are not eligible for these services
under existing programs; front desk coverage; resident groups; support services that
contribute to housing stability; vocational education that assists residents in finding and
maintaining work.
c. Purchased Services shall be provided at 6700 Portland Avenue, Richfield, Minnesota
55423.
d. The COUNTY is committed to including client outcomes as a critical part of defining and
managing contracted services. The COUNTY and the PROVIDER agree that this is a
critical part of an effective service delivery system. The COUNTY and the PROVIDER
further agree that management of services with respect to client outcomes is a continuing
process requiring ongoing development and refinement, and that the COUNTY and the
PROVIDER agree to maintain a commitment to that development process.
3. COST OF THE AGREEMENT
Total cash payments by the COUNTY under this Agreement shall not exceed $89,000.00. The
PROVIDER'S total operating budget for contracted services under this Agreement is $89,000.00
as detailed in the Line Item Budget attached to this Agreement.
4. PAYMENT FOR SERVICES
a. In order to provide the maximum program flexibility to the community and maintain the
highest level of available services as described in the EXHIBIT, services shall be furnished
and payment shall be made in the following manner:
(1) Total payment to the PROVIDER shall be for actual costs, including indirect costs
incurred, in the provision of services. Such .costs eligible for reimbursement shall be
consistent with the Line Item Budget and supporting materials identified in the
Exhibit.
(2) Pursuant to and under the authority of Minnesota Statutes, Section" 245.61,
payments shall be made in the following manner:
Payments will be made and shall be applied toward expenses to be incurred by the
PROVIDER in the provision of services under this AgreemE?nt. Such payments will
be made semi-annually within the contract period as follows:
May 2, 2006
November 1, 2006
May 1, 2007
November 1,2007
May 1, 2008
November 1, 2008
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$14,000.00
b. All expenditures governed by this budget and all payments for program costs are made
subject to audit which shall be the final determination of reimbursable costs.
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c. Payments for the services rendered under this Agreement shall be made in the manner
provided by law for payment of claims against the COUNTY.
f. The parties understand and agree that the PROVIDER will have sole responsibility for the
collection of other fees or revenue. Further, that the COUNTY shall accept no responsibility
for the collection or subsidization of bad debts related to other revenue for Purchased
Services.
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g. Failure to comply with the provisions of this Agreement shall be just cause for delaying
payment until the PROVIDER is in compliance. In the event of a decision to withhold
payments, the COUNTY shall furnish prior written notice to the PROVIDER.
h. In the event that the COUNTY withholds payment for failure to comply with the provisions of
this Agreement, then no interest penalty shall accrue against the COUNTY. If claims are
made by the PROVIDER that the COUNTY did not act in good faith in withholding payments
as provided above, then such claims shall be handled as a dispute by the Contract Analyst
(pursuant to the Dispute Claw~'e of this Agreement). If an audit is required by the COUNTY
before payment is to be made, then no interest shall accrue against the COUNTY until thirty-
five (35) days after the audit is completed by the COUNTY. .
5. ADJUSTMENT OF PAYMENTS
This is a grant contract subject to adjustment by the COUNTY. Payments may be adjusted during
the term of the agreement if the COUNTY determines that the PROVIDER will not be able to
expend funds according to the budget by the end of the contract term. If the COUNTY determines
that the PROVIDER will not be able to expend funds according to the budget, the COUNTY may
withhold or cease future payments to the PROVIDER, or the PROVIDER maY'be required to
return funds to the COUNTY. If at the end of the contract period, the PROVIDER has not
expended funds according to the budget, the PROVIDER shall be required to return any funds not
appropriately spent and/or accounted for. If PROVIDER is required to return funds to the
COUNTY, the funds shalll;le paid by the PROVIDER to the COUNTY within thirty (30) days of
receipt of billing from the COUNTY.
6. ELIGIBILITY FOR SERVICE
a. The PROVIDER shall have responsibility for determining eligibility of individuals to receive
. Purchased Services. The Purchased Services and the Target Population will be specified
by Hennepin County. The PROVIDER agrees to furnish Purchased Services to the target
population specified in the program description attached to this Agreement. Highest priority
for service shall be for those clients who would be eligible for free service under the
Hennepin County Community Social Services Plan. Such individuals receiving services are
referred to as "Eligible Recipients".
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b. In all cases where Eligible Recipients are insured for Purchased Services, the PROVIDER
is responsible to obtain prior approval for service and- payment directly from the insurer.
Hennepin County assumes no financial responsibility for Purchases Services provided to
any Eligible Recipient who is determined to be insured for such services.
c. In all cases where Hennepin County is not the county of financial responsibility, the
.PROVIDER is responsible to obtain approval for service and payment directly from the
financially responsible county or from other payment sources. Hennepin County assumes
no financial responsibility to the PROVIDER for Purchased Services provided to any
Eligible Recipient who is determined not to be the financial responsibility of Hennepin
County.
7. ADDITIONAL UNDERSTANDINGS
None.
(This is the end of contract clauses 1 through. 7. Contract clause 8 begins on page number 51.)
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8. DELIVERY OF SERVICES
The Provider shall make every reasonable effort to maintain sufficient staff, facilities, equipment, etc. to
deliver the Purchased Services. The Provider shall immediately notify the County in writing whenever it is
unable to, or going to be unable to, provide the required quality or quantity of Purchased Services. Upon such
notification, the County and the Provider shall determine whether such inability will require a modification or
cancellation of this Agreement.
9. RECORDS. REPORTS, AUDIT AND MONITORING PROCEDURES
a. Records:
(1) The Provider agrees to maintain the following records:
(a) Financial records through an accounting system which sufficiently and properly reflects
all revenue received and all direct and indirect costs of any nature incurred in the
performance of this Agreement.
(b) Outcome, program and service delivery records, as required by the County and by the
Minnesota Department of Human Services. Such records may include, but not be limited
to: individual eligible recipient case files and program plans; demographic information;
enrollment, attendance, and/or utilization information; and information about the type and
amount of services provided, such as output and outcome information. Outcome records
shall be consistent with the outcome measures contained in Exhibit A of this agreement.
(2) The Provider agrees to maintain all program and financial records for six (6) years for audit
purposes. However, if the County furnishes written notice during this period requesting retention
of records to allow completion of an audit by the County or its ultimate sources of funds, the
Provider shall retain records for the period requested.
b. Reports and Information Requirements:
(1) The Provider agrees to submit the following reports:
(a) Line Item Expense and Revenue Reports and utilization reports must be submitted within
thirty (30) days after the end of each quarter, unless otherwise indicated in writing by the
County. .
(b) Revenue and Expense Statement and a Balance Sheet must be submitted within ninety
(90) days of the end of the Provider's accounting year. These annual reports must reflect
the accrual of all accounts as of the end of the period. If an independent audit is
performed, the Provider shall submit a copy to the County.
(c) Outcome, program, and service reports as required by the County or the State. Such
reports may include: Outcome information; enrollment, attendance, and/or utilization
information; and demographic information. Provider's actual outcome achievement will
be a factor to be considered in contracting decisions by the County.
(2) The Provider agrees to inform the County, in writing, of key staff, licensure, and Board of
Directors membership changes within five{5) days after occurrence, or the sale of at I,east fifty
percent (50%) of Provider's assets to another entity.
(3) The County may duplicate, use, and disclose in any manner consistent with applicable law, and
have others do so, all data delivered under this Agreement.
c. Audit and Monitoring Procedures:
HSPHD #1 2006.NonGS (9/05)
- 81 -
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(1) The Provider agrees that the County, the Minnesota Department of Human Services, and the
U.S. Department of Health and Human Services, the State Auditor or Legislative Auditor, or any
of their duly authorized representatives at any time during normal business hours, and as often
as they may deem reasonably necessary, shall have access to and the right to audit, examine,
copy, excerpt, and transcribe any program and fiscal books, documents, papers, records, etc"
and accounting procedures and practices of the Provider which are relevant to this Agreement.
Such access must be consistent with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, now in force or as hereafter enacted and with Minnesota Statutes Section
16C.05, Subdivision 5. Such materials shall be maintained and such access and rights shall be
in force and effect during the period of this Agreement and for six (6) years after its termination
or cancellation.
(2) The Contract Analyst or other personnel of the County may conduct periodic site visits to
determine compliance with this Agreement and evaluate the quality of services purchased under
this Agreement. Such visits may be made with or without prior notice at any time within the
hours of operation of the Provider.
(3) The County reserves the right to evaluate, and to authorize independent evaluations of the
Purchased Services.
10. COMPLIANCE
a. When required, the Provider shall remain licensed by the State during the term of this Agreement. The
County will only pay for Purchased Services provided pursuant to such licensing provisions when
required.
b. When licensing is required, loss of the same shall be cause for cancellation of this Agreement effective
as of receipt of notice of cancellation, other provisions for cancellation of this' Agreement
notwithstanding.
c. The Provider shall comply with all applicable Federal, State, and local statutes, regulations, rules,
ordinances, and Hennepin County policies, now in force or as hereafter enacted.
d. The provider certifies that their organization and their'staff and their principals are not suspended or
debarred, and therefore are not excluded from receiving government funds under Federal Office of
Management and Budget Circular A-133 Compliance Supplement. The provider agrees that it will
immediately notify the County, in writing, if it, its organization, staff and/or principals are notified of
suspension, debarment, or other proceedings that would affect their ability to receive funds from the
State of Minnesota or the federal government.
e. In the event that Purchased Services are funded through a grant or a funding source other than
Hennepin County, Provider shall also comply with all applicable conditions of such grant or funding
source. '
f. The Provider agrees to comply with. applicable State of Minnesota Rules governing social service now
in force or as hereafter enacted. Provider also agrees as follows:
(1)' Application and Eligibility Requirements - The Provider must obtain a written application for each
individual and make a determination of eligibility, or must obtain written authorization from the
County, prior to furnishing services to the individual Exceptions to this requirement are for
services which are limited and transitory in nature, and in cases where the County has obtained
the client's application. .
(2) Individual Service Plan - The amount, frequency, and duration of Purchased Services will be
provided in accordance with the Eligible Recipient's individual service plan, and where
applicable, the individual's habilitation plan, and services shall be directed toward Eligible
Recipient's achievement of goals and outcomes.
HSPHD #1 2006.NonGS (9/05)
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(3) Monitoring and Evaluation - The County will monitor and evaluate Eligible Recipients"
achievement of goals and outcomes identified in individual service plans.
(4) Client Fees - In cases where the Provider is not prohibited by this Agreement from charging
program fees to clients, fees must be based on the client's ability to pay, fees m'ustnot be based
on a minimum charge to all clients, and fees may not be charged to recipients of public
assistance maintenance grants.
(5) Lead County Contract - It is understood and agreed that the terms and conditions of this contract
may be considered a lead county agreement, and that such terms and conditions shall be
binding upon all Minnesota counties purchasing services hereunder as well as the Provider.
(6) Discharge and Termination Procedures - The Provider shall establish written procedures for
discharge or termination of services to an individual client. Such procedures shall be in
accordance with applicable laws and regulations, and shall be deemed to be part of this
Agreement. Exceptions to this requirement are for services which are limited and transitory in
nature. .
(7) Staffing Information, including proof of applicable licensure or certification and documentation
of staffing, including job descriptions and professional qualifications of personnel, submitted by
Provider and attached to this Agreement or maintained in County files, are deemed to be part
of this Agreement.
11. DATA PRACTICES
a. Provider, its officers, agents, owners, partners, employees, volunteers and subcontractors agree to abide
by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, the
Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all
other applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality; and as any of the sarne may be amended. Provider agrees to defend, indemnify and hold
harmless the County, its officials, officers, agents, employees, and volunteers from allY claims resulting
frOm Provider's officers', agents', owners', partners', employees', volunteers', assignees' or
subcontractors' unlawful disclosure and/or use of such protected data. The terms of this paragraph shall
survive the cancellation Qr termination of this Agreement.
b. In accordance with Minnesota Statutes, Section 13.46, Subdivision 10 now in force or as hereafter
enacted, the Provider shall appoiDt the responsible authority who shall allow the responsible authorities
in the welfare system access to data classified as restricted when access is necessary for the
administration and management of programs or as authorized or required by State or Federal law. The
Provider shall notify the County of the name of the responsible authority which shall be maintained in
County files and deemed to be part of this Agreement.
12. NON-DISCRIMINATION
a. In accordance with Hennepin County's policies against discrimination, Provider agrees that it shall not
exclude any person from full employment rights or participation in, orthe benefits of, any program,
service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, or national origin; and no person who is protected by
applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination.
b. Pursuant to Hennepin County Board Resolution, if this Agreement is for a sum over $100,000 or is one
of several current contracts with Provider totaling more than $100,000, or is amended to exceed
$100,000, and if Provider has more than thirty (30) employees, then Provider agrees to abide by the
County's non-discrimination and Affirmative Action requirements for County contractors set forth
herein.
(1) Provider agrees to make good faith efforts to achieve a diverse workforce.
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(2) Provider agrees to develop and complete an Affirmative Action Plan (AAP) that outlines the
strategies and steps that Provider will take to ensure non-discrimination, equal employment
opportunity and the achievement of a diverse workforce.
(3) During the term of this Agreement and any extensions thereto, Provider agrees to keep the AAP
current, to maintain the AAP on file at Provider's facility and to make the AAP available for review
by the County upon request. The County shall have the right to make on-site visits for the purpose
of determining compliance with the aforementioned requirements.
(4) Provider agrees to submit a Workforce Form (Form 400) to the County prior to contract execution
and thereafter on December 31st of each year.
c. _ Provider agrees to adhere to Hennepin County's AIDS Policy which provides that no employee,
applicant, or client shall be subjected to testing, removed from normal and customary status, or
deprived of any rights, privileges, or freedoms because of his or her AIDS status except for clearly
stated specific and compellirig medical and/or public health reasons. Provider shall establish the
necessary policies concerning AIDS to assure that County clients in contracted programs and
Provider's employees in County contracted programs are afforded the same treatment with regard to
AIDS as persons directly employed or served by the County.
d. Provider agrees that all services will be delivered in a manner which is respectful and culturally
appropriate to the service recipients. Culturally appropriate is defined as services that are delivered to
reflect the unique indiVidual needs of the recipients such as language, racial/ethnic background, and
sociallreligiOus backgrOund. Provider agrees to make reasonable efforts to have staff delivering
services reflect the diversity of the clients receiving those services, and to secure ongoing input from
individuals who reflect the rion.;.represented culture.
e. Where applicable, no qualified handicapped person as defined by United States Department of Health
and Human Services Regulations Title 45, Part 84.3 0) (k) which implements Section 504 of the
Rehabilitation Act of 1973, 29 USC 704 under Executive Order No. 11914 (4 FR 17871, April 28, 1976)
now in force or as hereafter enacted:
(1) Shall be denied access to or opportunity to participate in or receive benefits from any service
offered by the Provider under the provisions of this Agreement, nor
(2) Shall be subject to discrimination in employment under any program or activity related in the
services furnished by the Provider.
(3) Where applicable, no qualified individual with a disability as defined by the Americans with
Disabilities Act of 1990, Public Law 101-336, Title I, Section 101 (8) now in force or as hereafter
enacted, shall be discriminated against by the denial of full and equal enjoyment of the services
and facilities, privileges, advantages, or accommodations furnished by the Provider as a private
entity operating a service as a public accommodation pursuant to the provisions of Title III of the
Americans with Disabilities Act, Section 301 (7).
f. The Provider guarantees that no funds received under this Agreement shall be used to provide religious
training and/or services to any individual receiving Purchased Services.
g. The Provider shall comply with all applicable statutes, regulations, and licensing requirements in the
employment of personnel including but not limited to State and Federal labor laws. To the extent that
any of the provisions of the applicable statutes, regulations, or licensing requirements are inconsistent
with any of the provisions of this clause, said statute, regulation, or requirement shall prevail if it has a
reasonable bearin€l upon the applicant's fitness to be employed in any phase of the program.
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h. If during the term of this Agreement or any extension thereof, it is discovered that the Provider is not
in compliance with the applicable regulations as aforesaid, or engages in any discriminatory practices
as described above, or fails to submit requested reports or information required by the County, then the
County may cancel said Agreement as provided by the default and cancellation clauses of this
Agreement.
13. FAIR HEARING AND GRIEVANCE PROCEDURE
The Provider will establish a system through which Eligible Recipients may present grievances about the
operation of the service program, and the Provider will advise Eligible Recipients of this right.
14. CONTRACT ADMINISTRATION AND DISPUTES
a. Except as otherwise provided in this Agreement, any dispute conceming a question of fact arising under
-this Agreement which is not disposed of by negotiation and agreement shall be de~ided by the County's
Contract Analyst, who shall reduce his/her decision to writing and fumish a copy thereof to the Provider.
The decision of the Contract Analyst shall be final and conclusive unless, within thirty (30) days from the
date of receipt of such copy, the Provider furnishes to the Contract Analyst a written appeal addressed
to the County. The decision of the County or its duly authorized representative for the determination of
such appeals, shall be final and conclusive unless determined by a court of competent jurisdiction to
have been fraudulent, capricious, arbitrary, so grossly erroneous as necessarily to imply bad faith, or not
supported by sUbstantial evidence. In connection with any appeal proceeding under this clause, the
Provider shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.
Pending final decision of a dispute hereunder, the Provider shall proceed diligently with the performance
of the Agreement and in accordance with the Contract Analyst's decision.
b. This disputes clause does not preclude consideration of questions of law.
c. Jurisdiction and Venue
The appropriate venue and jurisdiction for any litigation under this contract will be those courts'located
within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving
the contracted parties will be in the appropriate federal court within the State of Minnesota .
15. INDEMNIFICATION AND INSURANCE
a. Indemnification. The Provider agrees to defend, indemnify, and hold harmless the County, its officials,
officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments,
damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or
indirectly from any act or omission of the Provider, its subcontractors, anyone directly or indirectly
employed by them, and/or anyone for whose acts and/or omissions they may be liable in the
performance of the services required by this contract, and against all loss by reason of the failure of
the Provider to perform fully, in any respect, all obligations under this contract. Acts or.omissions
include, but are not limited to, the following:
(1) Any applicant or Eligible Recipient suffering bodily or personal injury, death, or property loss or
damage either while participating in or receiving the care and services to be furnished under this
Agreement, or while on premises owned, leased, or operated by the Provider, or while being
transported to or from said premises in any vehicle owned, operated, leased, chartered, or
otherwise contracted for by the Provider or any officer, agent, or employee thereof; or
(2) Any applicant or Eligible Recipient causing injury to, or damage to, the property of another
person during any time when the Provider or any officer, agent, or employee thereof has
undertaken or is furnishing the care and services called for under this Agreement; or
(3) Any person employed by the Provider or alleged to be employed by the Provider, for any claim
or cause of action in equity or for damages arising out of the employment or alleged
employment, or discrimination by the Provider; or
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(4) Any negligent act or omission or intentional act or omission of the Provider, its agents, officers,
oremployees which causes bodily injury, death, personal injury, property loss, or damage to
another during the performance of Purchased Services under this Agreement.
b. Duty to Notify. Provider shall promptly notify the County of any claim, action, cause of action or litigation
brought against Provider, its employees, officers, agents or subcontractors, which arises out of the
services contained in this Agreement. Provider shall also notify the County whenever Provider has a
reasonable basis for believing that ProVider and/or its employees, officers, agents or subcontractors,
and/or the County, might become the subject of a claim, action, cause of action of litigation arising out
of the services contained in this Agreement. Failure to provide the notices required by this section is a
material violation of the terms and conditions of the Agreement.
c. Insurance
- (1) In order to protect the Provider and those listed above under the indemnification section, the
Provider agrees at all times during the term of this Agreement, and beyond such term when so
required, to have and keep in force the following insurance coverages:
(a)
Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate .
Products - Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence - Combined Bodily Injury
and Property Damage
(b)
Automobile Liability - Combined single limit
each occurrence, or the equivalent, for bodily injury
or property damage covering owned, non-owned,
and hired automobiles.
(c) Workers' Compensation and Employer's Liability:
i. Worker's Compensation
If the contractor is based outside the
state of Minnesota, coverage must apply to
Minnesota laws.
ii. Employer's Liability. Bodily injury by:
Each Accident
Disease - Policy Limit
Disease - Each Employee
Limits
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
Statutory
$100,000
$500,000
$100,000
(d) The following insurance is required in cases where money has been advanced to the
Provider or where money belonging to Eligible Recipients is in the custody and control of
the provider.
Employee Dishonesty
$50,000
(e) The following insurance is required in cases where the provider's staff or volunteers are
performing counseling and/or health care services under this agreement.
Professional Liability - Per Claim and Aggregate
$1,000,000
The insurance must be maintained continuously for a period of two years after the termination
of this agreement.
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(2) An umbrella or excess liability policy over primary liability insurance coverages is an acceptable
method to provide the required insurance Iknits.
(3) The above establishes minimum insurance requirements. It is the sole responsibility of the
Provider to determine the need for and to procure additional insurance that may be needed in
connection with this Agreement. Copies of insurance policies shall be submitted to the County
upon written request .
(4) The Provider shall not commence work until it has obtained required insurance and filed with the
County a properly executed Certificate of Insurance that clearly evidences the required insurance
coverages. The certificate shall name Hennepin County as the certificate holder and as an
additional insured for the Commercial General. Liability coverage with respect to operations
covered under the contract. The certificate should also show that Hennepin County will receive
30 days' prior written notice in the event of cancellation, nonrenewal, or material change in any
described policies.
(5) The Provider shall furnish to the County updated certificates during the term of the Agreement
as insurance policies expire. If the Provider fails to furnish proof of insurance coverages, the
County may withhold p'ayments and/or pursue any other right or remedy allowed under the
contract, law, equity, and/or statute.
(6) If the Provider is unable to obtain a required insurance coverage, or if a coverage is not renewed
or is cancelled during the term of this Agreement, the Provider must immediately provide written
notice to the County as provided in the Notice section of this agreement. The Provider shall
make immediate good faith efforts to obtain or replace the coverage in the open market. If such
efforts are unsuccessful, the Provider shall immediately apply to the Minnesota Joint
Underwriting Association for the insurance coverage. Failure to maintain required insurance
shall be considered an event of default pursuant to this agreement.
(7) The Provider shall require that each independent contractor rendering counseling, health care
or other professional services to recipients under this agreement furnish proof to the Provider
of Professional Liability and Commercial General Liability insurance coverages in the amounts
of $1 ,000,000, and provide updated certificates of insurance as insurance coverages expire.
16. INDEPENDENT CONTRACTOR
The Provider shall select the means, method, and manner of performing the services herein. Nothing is
intended or should be construed in any manner as creating or establishing the relationship of co-partners
between the parties hereto or as constituting the Provider as the agent; representative, or employee of the
County for any purpose or in any manner whatsoever. The Provider is to be and shall remain an independent
contractor with respect to all services performed under this Agreement. The Provider represents that it has
or will secure at its own expense all personnel required in performing services under this Agreement. Any
and all personnel of the Provider or other persons while engaged in the performance of any work or services
required by the Provider under this Agreement shall have no contractual relationship with th~ County, and
shall not be considered employees of the County. Any and all claims that mayor might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf
of said personnel, arising out of employment or alleged employment, including, without limitation, claims of
discrimination against the Provider, its officers, agents, contractors, or employees shall in no way be the
responsibility of the County. The Provider shall defend, inde,mnify, and hold harmless the County, its officials,
officers, agents, volunteers, and employees from any and all such claims irrespective of any determination
of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither
require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County,
including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers'
Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits,
17. MERGER AND MODIFICATION
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a. It is understood and agreed that the entire Agreement between the parties is contained herein and that
this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an Amendment or Ministerial Adjustment to this
Agreement signed by the Provider and by the County Board or the County Department Director (or
designee), except as otherwise provided in the agreement.
18. CONDITIONS OF THE PARTIES' OBLIGATIONS
a. It is understood and agreed that if during the term of this Agreement reimbursement to the County from
State and/or Federal sources is not obtained and continued at an aggregate level sufficient to allow
- for the purchase of the indicated quantity of Purchased Services, or if the County's final budget as
approved by the County Board changes the amount budgeted for this particular program or this service
area for any portion of the term of this Agreement, then the County may cancel or amend this
Agreement; provided that any cancellation of this Agreement shall not relieve the parties of any
obligations or liabilities already accrued prior to the effective date of such cancellation.
b. When required, the Provider will assist the County with proper documentation for completing forms and
reports in compliance with the regulations of all State and Federal agencies, including but not limited
to the Minnesota State Department of Human Services, Social Security Administration, National
Institute on Mental Health, and any regulatory agency acting under aegis of the United States
Department of Health and Human Services and other public sources of financial assistance.
c. The Provider will comply with all of the provisions of:
(1) The Maltreatment of Minors Reporting Act, Minnesota Statutes, beginning with Section 626.556,
and all applicable Minnesota Rules, as promulgated by the Minnesota Department of Human
Services implementing such Act now in force or as hereafter enacted.
(2) The Vulnerable Adults Reporting Act, Minnesota Statutes, beginning with Section 626.557, and
all rules promulgated by the Minnesota Department of Human Services implementing such Act
now in force or as hereafter enacted. ' .
d. If the County has reason to believe that the safety or well-being of Eligible Recipients receiving service
hereunder may be endangered by actions of the Provider, its agents, and/or employees, the County
may require the immediate cessation of services to Eligible Recipients, as well as their removal from
the facility, and may discontinue referrals to the Provider. This action may be taken forthwith and may
continue for such period which is reasonably necessary for determination by the County that the safety
and well-being of Eligible Recipients has been assured. Resumption of services by the Provider may
be authorized upon such assurance, at the sole discretion of the County. If it is determined that the
safety or well-being of Eligible Recipients will remain in jeopardy by the further provision of services,
the County may terminate this Agreement pursuant to clause 23, Cancellation and Finalization, of this
Agreement. No payments shall be made for the period during which services are suspended unless
otherwise determined by the County.
e. Any materials produced by the Provider, including brochures, pamphlets, and publications describing
the purchased services herein, shall contain a clear statement that such program is provided through
an agreement with the County.
f. If any Minnesota Statute, including but not limited to Minnesota Statutes, Section 245.4875,
Subdivision 3, and Minnesota Rules, Chapter 9525, Part 1870 now in force or as hereafter enacted
requires, the Commissioner of the Minnesota Department of Human Services is named as a third-
party beneficiary in this contract.
,.
g. At the discretion of the County and as specified in writing by the County's Contract Analyst, Provider
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shall deliver to the Contract Analyst copies of all writings so specified by the County and prepared by
the Provider pursuant to this Agreement. The term "writings" shall be construed to mean and include:
Handwriting, typewriting, printing, photocopying, photographing, facsimile transmitting, and
every other means of recording,. including electronic media, any form of communication or
representation, including letters, works, pictures, drawings, sounds, or symbols, or
combinations thereof.
h. The County shall have full ownership and control of all such writings. The Provider shall have the
right to retain copies of said writings. . However, it is agreed that the Provider without the prior written
consent of the County shall not use such writings for any purpose or in any manner whatsoever;
shall not assign, license, loan, sell, copyright, patent and/or transfer any or all of such Writings; and
_ shall not do anything which in the opinion of the County would affect the County's ownership and/or
control of such writings.
i. The County encourages the Provider to develop and implement an office paper and newsprint recycling
program.
19. SUCCESSORS. SUBCONTRACTING AND ASSIGNMENTS
a. The Provider shall neither enter into subcontracts for performance of any of the Purchased Services
contemplated under this Agreement, nor assign this Agreement, without the prior written approval of
the County and subject to such conditions and provisions as the County may deem necessary. The
Provider shall be responsible for the performance of all subcontractors.
b. Provider shall notify the County in writing if another person/entity acquires, directly or indirectly, more than
50 percent of the voting power of the shares entitled to vote for directors of the Provider (if Provider is
a corporation or partnership) or upon sale of 50% or more of assets of Provider. Notice shall b~ given
within ten (10) days of such acquisition and shall specify the name and business address of the acquiring
person/entity. The County reserves the right to require the acquiring person/entity to promptly become
a signatory to this Agreement by amendment or other document so as to help assure the full
performance of this Agreement.
c. The Provider shall incorporate all provisions of this agreement into all subcontracts and contracts for
assignment.
20. DEFAULT
a. If the Provider fails to perform any of the provisions of this Agreement or so fails to administer the work
as to endanger the performance of the Agreement, this shall constitute a default. Unless the Provider
default is excused in writing by the CountY, the County may upon written notice immediately cancel this
Agreement in its entirety. Additionally, failure to comply with the terms of this Agreement shall be just
cause for the County to delay payment until the Provider complies. In the event of a decision to withhold
payment, the County shall furnish prior written notice to the Provider.
b. NotWithstanding any provision of this Agreement to the contrary, the Provider shall not be relieved of
liability to the County for damages sustained by the County by virtue of any breach of this Agreement by
the Provider.. Upon notice to the Provider of the claimed breach and the amount of the claimed damage,
the County may withhold any payments to the Provider for the purpose of set-off until such time as the
exact amount of damages due the County from the Provider is determined. Following notice from the
County of the claimed breach and damage, the Provider and the County shall attempt to resolve the
dispute in good faith.
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c. The above remedies shall be in addition to any other right or remedy available to the County under
this contract, law, statute, rule, and/or equity.
d. The County's failure to insist upon strict performance of any provision or to exercise any right under this
Agreement shall not be deemed a relinquishment or waiver of the sarne, unless consented to in writing.
Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
21. SEVERABILITY
In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.
22. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or
any statute or ordinance shall be in writing, and shall be serit certified mail. Notices to the County shall be
sent to the County Administrator with a copy to the Department's Contract Administration Office. Notice to
the Provider shall be sent to the address stated in the opening paragraph of the Agreement.
23. CANCELLATION AND FINALIZATION
a. This Agreement, or a portion thereof may be cancelled by either party at any time, with or without cause,
upon thirty (30) days' written notice, as provided in clause 22. Notices, delivered by certified mail.
b. After receipt of a notice of cancellation, and except as otherWise directed, theProvider shall:
(1) Discontinue provision of purchased services under this Agreement on the date, and to the extent
specified, in the notice of cancellation.
(2) Cancel all orders and subcontracts to the extent that they relate to the performance of purchased
services cancelled by the notice of cancellation.
(3) Settle all outstanding claims and liabilities for orders and subcontracts existing at the time of the
notice of cancellation, provided, however, that the claims and liabilities for orders and subcontracts
had been approved in writing by the County.
(4) Complete performance of such purchased services as shall not have been cancelled by the notice
of cancellation.
(5) Submit a revenue and expense statement for the performance of purchased services prior to the
effective date of cancellation within thirty (30) days of said date.
(6) Maintain all records relating to performance of the cancelled portion of the Agreement as may be
required by the County.
(7) Notify in writing all clients and any other counties of financial responsibility of the cancellation of
this Agreement.
The remainder of this page is intentionally left blank..
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Contract #A060521
COUNTY BOARD APPROV AL
PROVIDER, having signed this Agreement, and the Hennepin County Board of
Commissioners having duly approved this Agreement on the --'- day of
, and pursuant to such approval, the proper County officials having signed this
Agreement, the parties hereto agree to be hound by the provisions herein set forth.
Reviewed by the County
Attorney's Office
COUNTY OF HENNEPIN
STATE OF MINNESOTA
By:
Chair of Its County Board
Date:
ATTEST:
Deputy/Clerk of County Board
And:
Assistant/Deputy/County Administrator
PROVIDER
The Provider certifies that the person who
executed this Agreement is authorized to do
so onbehalfofthe Provider as required by
applicable articles, bylaws, resolutions or
ordinances.
By:
Printed Name:
Printed Title:
Date:
Kids @ Home - Rental Assistance Program Summary
SUMMARY PARAGRAPH - The Kids @ Home Program is a 36-month rent assistance program. In addition to the
rental assistance provided, each family receives social service support. The social service component of the program
will help the family by: 1) assess their needs, 2) complete a goal setting plan, 3) refer them to local resources, 4)
conduct case management if necessary, and 4) maintain regular contact with the family and schools to determine
process on goals established.
TARGET POPULATION - The families must meet the following criteria
. have a child or children in Richfield schools (K -12)
. child or children need to be enrolled and attend a Richfield school for 60 days prior to referral to program
. one parent is either employed or in an approved training program
. independently live in the city of Richfield
. not receiving any other housinQ assistance
. annual income must fall at or below income guideline
. rental payments must be current with landlord
. families must be willing to work with a social service agency to set up a goal setting plan and work towards
goals established
Income Limits Effective 2/11/05
50% of median family income
Persons
2
3
4
5
6
7
8
Income
$30,800
$34,650
$38,500
$41,600
$44,650
$47,750
$50,800
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SERVICES - The Kids @ Home Program provides rental assistance to low income familIes with school aged
children. This allows them to maintain stable housing. In addition,. each family will meet With Storefront staff who will
complete:Ja goal setting plan for each family based upon their needs. Families will be dir~cted to local resourC!Jes and
services to help the family fulfill their goals. After the goal setting plan has been developed for a family, the family
meets with the Storefront staff every 30 days for at least 6 months. Based upon the families progress and goals the
family is re-evaluated after this 6 month period to determine how much contact the family and Storefront will have
with one another. On an average, Storefront staff will touch base with every faniily every 60 days. On a quarterly
basis, Storefront arranges family events for their Kids @ Home families and Family Options families: The goal of
these events is to try to connect these families since many of them are isolated. Storefront also arranges for
educational programs, such as Money Smart and Tenant Education, to be made available to the Kids @ Home
families,
STAFF - Richfield HRA has a staff of two people who work with the Kids @ Home Families. The staff determines the
eligibility of the family and rent assistance the family is entitled to receive. Staff is well qualified through education
and experience to provide these services. The Storefront group has two people who work with the Kids @ Home
Program. The main staff member will conduct the goal setting plan with the family and provide direct support to the
families. This staff member reports to her supervisor who is her backup with the families. The main staff member for
Storefront has her bachelor's degree in Psychology and the Supervisor has a bachelor's degree in Social Work and is
a license Social Worker.
FACILITY .;... The main facility for Richfield HRA is 6700 Portland Avenue South in Richfield. The main facility for
Storefront is 6425 Nicollet Avenue South in Richfield. Both facilities are on major bus lines and are fully accessible to
disabled individuals. A majority of the time, Richfield HRA and Storefront staff will schedule and complete
appointments with their clients in the clients home.
PLACEMENT PROCEDURE - Any qualified family is eligible to enroll in the program, enrollment is not accepted
during the months of June, July and August. Currently there is no waiting list and once a family enrolls in the
program, provides required information and their housing unit passes inspection they will receive rent assistance.
Within 30 sJays of receiving rent assistance the family is referred to the Storefront staff to set up a goal setting. plan.
FUNDING SOURCES k The rental assistance portion .ofthe Kids @ Home Program is funded through Richfield
HRA's Housing Fund. The social service component of the Kids @ Home Program receives financial support from
Hennepin County, Richfield Community Council, and Richfield Fund.
Kids @ Home - Rental Assistance Program
Kids @ Hom~ is a 36-month rent assistance program. Families have a transition period of 6 months to 24 months to .
receive additional (minimal rent assistance) based on individual family's need at the end of 36-month program.
Criteria for families:
+ have a child or children in Richfield schools (K -12)
+ child or children need to be enrolled and attend a Richfield school for 60 days prior to referral to program
. one parent is either employed or in an approved training program
. independently live in the city of Richfield
. not receiving any other housinq assistance
+ ( annual income must fall at or below income guideline
+ rental payments must be current with landlord
+ families must be willing to work with a social service agency to set up a goal setting plan and work towards
goals established
Income Guidelines: This program focuses on working households between 30% and 50% of
median income, an under served population. All households at incomes less than 50% of median
are eligible.
Income Limits Effective 2/11/05
50% of median family income
Persons
2
3
4
5
6
7
8
Income
$30,800
$34,650
$38,500
$41,600
$44,650
$47,750
$50,800
Housing payment is the lesser of:
· Payment standard (or, gross rent) less 30% of the family's income (follOWing Section 8 guidelines), or
· . Flat payment - safety net medium 'level of subsidY (job loss, job change, medic<illeave, etc.)
3' Year Flat Payinent
Bedroom Size
One
Two
Three
Four
$425.00
$475.00
$600.00
$700.00
$375.00
$425.00
$550.00
$650.00 '\
$325.00
$375.00
$500.00
$600.00
Social Service Component
A qualified social worker or agency provider (Storefront) will:
· Assess the families needs
· Complete goal setting with the family
· Refer family to 10c,?1 resources
· Conduct case management if necessary, and;
· Maintain regular contact with the family and schools to determine progress on goals
Interested families should call Richfield HRA at 612-861-9770 and ask about the Kids @ Home
Program.
Referrals to the Kids @ Home Program are not accepted during the months of June, July and
August.
1
C',
c
Detailed Service Description: _
· Family Options Action Plan: Participating families will develop an action plan
in conjunction with the Storefront Family Resource Worker. The focus of the
plan is to prevent child abuse and neglect; to develop needed skills and
resources; and to create greater independence from system reliance. The
-'. action plan may include acquisition of transportation for critical family tasks,
child care, parent education/support groups, mental health couns'elirig,
behavior management intervention for children and parents; attention to
, health needs of the family, housing, budgeting, etc.
'. Case' Management services are intended to empower children and their
families to improve behavioral and emotional functioning ill the home, school,
and community. Case Management is a process of identifying and uniting th.e ,
services and supports needed by a family to reach optimal levels of
, ' functiGning. An action plan is created that outlines the families' needs and
I
goals. A case manager works to understand the strengths and needs of the
family, builds working relationships with other servJce providers involved with
the family anp serves as a coordinator and advocate between all service
, providers throughout the process. Successful Case Management services
empower children and their families to have a positive vision of a future filled'
with hope and success. Other important outcomes an~ increased healthy "
family functioning, maintenance of families i'i1 their homes, maintenance of the
child in his/her schdol community, and overall family satisfaction.
· Progress on Goals: The Family Resource Worker meets or is in contact with
each family a minimum of one to tWo times weekly. S/he assists families with
identified significant issues and developing plans to respond to them.
Families are assisted in identifying barriers to s~rvice access and utilization
, and in exploring resources to circumvent those barriers. Services/resources
,chosen by the family will be monitored by the Family Resource Worker to
,determine, with tDe family, whether the choices are productive and in support
of the individual family's action plan goals. Fa'milies are encouraged to
'access resources in their own community, when available.
",. Discharge: The Family Resource Worker documents progress in partnership
with the family. A plan is generated f0r discharge from the program and the
family's commitment to follow-through on established goals.
ProqramCoordi nation/Cons ultation:
StorefrontFamily Resource Workers will meet regularly with staff from other Family
Option sites to share information; best practices and receive training. The Family
Options Progrqm Director will: .
· Provide supervision/consultation and support to the Family resource Workers
· Attend Family Options parent and committee meetings, as appropriate
· Set and monitor implementation of guidelines for expenditures within the
program
:3
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(-'.
· Audit client files
· . Be available to Family Resource Workers as needed
Quality Assurance:
Quality insurance will include the following: '.
-'. · Periodic evaluation of family action plans
if .Monthly review of program implementation and enrollment status
· Parent evaluations of the program
· Regular and on-going performance reviews of all staff, written reviews
annually
· Evaluation per the, Performance Measurement Summary annually
. Dischar~e Criteria and Processc ;
The family and the Family Resource Worker review family action plans on a:regular
basis. Goals are monitored and adjusted: As initial'goals are met, neyv areas offocus
are identified that address other significant areas. If no further significant concerns can
be identifi~d, a recommendation for:discharge is initi~ted and appropriate referrals are
made. The Family Resource Worker wmconsult with the Program Director and'others
and aCCeSS progressoffamilies unQer consideration for discharge. The Family Options
program has a one-year participation maximum, where as the Kids@ HomEr Program
'has a three-year participation ~ith an additional six to twenty-four month transition
period..: Transition planning will be an integral part of each family action p'lan at
development. '
Other discharge criteri(3. include: ' > ,
· Families may be discharged iftnere is a lack of involvement. Parents are
eXpected to be involved, cornmLlnicate regularly and willingly with the Family
Resource Worker, and be accountable for goals set in-the action plan. Every
attempt is made to identify barriers to participation and to work With each'
family to resolve those barriers '.
· Parents are actively abusing chernical substances' or alcohol and refuse to
seek treatment.
· Pa~rents refuse' to seek treatment of chronic or severe mental illness
· Parents move out of the county. In the Kids@ Home Program,,if the family
moves from the City of Richfield, they would no longer be able to participate.
in the program. ,
· Severe child maltreatment occurs and subsequent action is taken for the
safety of the child and appropriate additional referral/s are made for the family,
including a refer-ra,1 to CPS. In the Kids @ HOlT'le P,rog[e[l1, if thetewerei,' :" <
school-aged children that remained in the home, the family would still'be able
to participate in the Kids @ Home Program; .
1- 1,-
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'.
'"
The Storefront Family Options program has a case management style that very closely
resenibles the case management required for the families on the Kids @ Home
Program. Families participating in the Kids @ Home Program will continue to have
case management services provided from Storefront for the entire time the family is
participating in the Kids @ Home program.
Rental Assistance Portion of Kids @ Home
There are currently 350 families in Richfield who receive Section 8 rent assistance and
4 families who receive rent assistance under the Kids @ Home Program. All these'
families have annual incomes that fall at or below 50% of the AMI. Families income in
the KIds @ Home Program will be determined using the same income deductions,
exclusions and inclusions as the Section 8 program. The rent assistance wil( then be:
based on the low~r of the flat payment standard or the housing payment as determined'
by the Section 8 program.
. Applicant staff levels and expertise to provide the. services.
Social Service Component of Kids @ Home ,
StOrefront has tWo staff people working on the social service component of the Kids @
Home program. The staff has a total of 9 years experienc~ of providing case.
management services to children and families. One is a trained social worker who
prima, rily provides services to families that are social work in nature. She connects
families to resources; problem solves with them; teaches parenting.; and does general
Family support work. The other staff member is the coordinator of Storefront's Divorce
Education program.' She works with divorcing families (who have children) to sign them
up for parenting classes as well as a partnership with Normandale College where they
provide student learns to help in the kids' classes. She is working to complete her
Master's degree in Public Health.
Rental Assistance Portion' of Kids @ Home
The current Section 8 staff of three people have <;1 combined experience of 24 years of
providing rental assistance to families.
. Financial capacity of the applicant to undertake t~,e activity.
Social Service Component of Kids @ Home ,
Richfield HRA obtained q grant of $25,000.00 from LeTS and $5,000;00 from the City of
Richfield Fund to fund the 1 st year of supportive services for the Kids @ Home Program.
Richfield HRA will continue to look for additional funding sources to continue to fund the
social service component of the Kids @ Home program.
Rental Assistance Portion of Kids @ Home
The Section 8 staff will be able to administer the rental assistance portion of the Kids @
Home Program during their normal workday. Richfield HRA provides $200,000.00
~,
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Kids @ Home Pro9ram Work Chart
RiChfield HRA
Rental Assistance Component
and
The Storefront Group
Social Service Component
Program Development
Referral is made to Storefront from Richfield HRA
" " ,
Marketing/Communication (Targeted)
Within three days to one week, phone Family
Re~ource Worker makes call to Family, and an initial
meeting is set up. ." "
Referral to Program
Family Resource Worker meets with Family in their
home.
Preliminary Infake Completed via phone
interview if Family appears to qualify an
eligibility meeting is scheduled.
Initial Forms are signed.
Richfield HRA meets with family to determine ",
eligibly. "
Assessment and goal planning is started.
Family is approved for program.
Family Assessment is completed and Goal Plan is
agreed upon and signed.
Family attends a briefirig where their rights
and responsibilities are explained.
Referrals to local resources may be made as part of
case management services.
. " .
amily's rental unit is inspected to ensure utiit
is safe, decent and sanitary.
Family Resource Worker meets with Family at lease
once per month to monitor and support goals.
Weekly phone calls are made to check in, ascertain
needs, support goals, and set additional meetings.
Rent Assistance Begins - Referral made to
Storefront Group
Administrati~n of Housing Subsidy
Discharge from program occurs 'v'{hen goals are met
or when Fa'milyis no longer eligible for services. _,
Annual Review
Every six months follow up assessments are
occurring. Semi-annual repots are made to
Richfield HRA.
Meetings are held once a month with Storefront staff and Richfield HRA staff for collaborative
. coordination. "
b
.. :'~
".t:;..
.,
~ ~,.
Performance Measurement Summary
Provider & Program
Proposed contract period from....' 'N\tt'j" 2006 to .-,~ . v.;t 30, 20Cf;J
Program Target Group:
Families:
· have a child or children in Richfield schools (K - 12)
· one parent is either employed or in a training program
· independently live in the city of Richfield
· not receiving any other housing assistance
· annual income must fall at or below income guideline
· rental payments current with landlord
Program Goal and Outcome:
Families with school aged children will receive rental subsidy in order to help maintain stable housing
while their school age children are in school. This increased stability will help the family achieve greater .
self-:sufficiency through working towards a goal setting plan established by the family with the help of a
social worker.
Outcome Indicators Method of Data Collection Performance Targets
1. Families who receive the 1. Case worker case notes 1. 73% of all families on the
,rental subsidy will maintain and/or HRA payment program will have maintained
.. .. their permanent housJng or. information. housing for 12 rnonths or for
housing during the school the school year.
year.
2. Based on individual plan for
2. School aged children of the each family/child, School 2. Increase attendance level if this
families receiving the rental records. Family feedback. is an issue for a child or to
subsidy will attend school maintain consistence
regularly. attendance.
3. Based on individual plan
3. Families will achieve greater for each family.
self-sufficiency. Caseworker case notes 3; Family will achieve one or more
and family feedback. targeted goals prior to the
completion of the program.
.
7
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'^
Kids@ Home
Detailed Project Budget
RE;VENU:~,OJ;:TAIL
Committed Funders 5t)6 - ,f't:o.: " -' 5/07 -Htr~ S/08 - ~ ~.lJf1
City of Richfield $ 30,000 $ 30,000 $ 29,000
('
Richfield Fund $ .900 $ 2,827
I EXPENSE DETAIL
Total Salaries $ 20,079 $ 20,681 $ 21,301
Total Supplies $ 729 $ 753 $ 775
Total Facilities $ 1,283 $ 1,321 $ 1 ,361
Total Services $ 1,749 $ 1,801 $ 1,855
Total Other $ 112 $ 115 $ 119
Technology Expense * $ 2,136 $ 2,200 $ 2,266
Total Expenses Before Allocation $ 26,088 $ 26,871 $ 27,677
. Total Allocations $ 3,912 $ 4,029 $ 4,150
oJ'
. * Technology Expense - covers cost of
. computer systems, fax machines,
, printers, copy machine expense.
, ** Allocations are Management and
, Administration costs allocated to all
programs based on the number of
. employeesper ,program.
g
AGENDA ITEM # 4
REpORT # 15
....
STAFF REpORT
RICHFIELD
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
APRIL 17, 2006
REpORT PREPARED By:
KA TIA MEDVETSKI,
REDEVELOPMENT SPECIALIST
NAME, TITLE
REpORT PRESENTER:
BRUCE P ALMBORG, COMMUNITY
DEVELOPMENT DIRECTOR
NAME, TITLE
DEPARTMENT DIRECTOR REVIEW:
REVIEWED BY EXECUTIVE DIRECTOR:
ITEM FOR HRA CONSIDERATION:
(1.) Consideration of Cooperative Agreement Funding Demolition of Parcels in Cedar Point
Project Area with the City of Richfield for demolition services; and (2.) Consideration of
approval of plans and specification and advertisement for bids for demolition and related work;
all related to apartment buildings at 6400, 6520, and 6528 Cedar Avenue (Cedar Point
Proiect).
I. RECOMMENDED ACTION:
By Motion: (1.) Approve Cooperative Agreement Funding and
Demolition of Parcels in Cedar Point Project Area with the City of
Richfield; and (2.) Approve attached plans and specifications and
advertisement for bids for demolition and related work; all related to
apartment buildings at 6400, 6520, and 6528 Cedar Avenue (Cedar
Point Project).
I II. BACKGROUND I
. The Richfield Housing and Redevelopment Authority (HRA) entered into a
Contract for Private Development with Ryan Companies US, Inc. (Developer) on
July 27, 2005 for the development of the Cedar Point Redevelopment Project
Area (Contract).
041706 CoopAgmt
. The Contract calls for demolition and other related work to be undertaken by the
HRA.
At this time, staff is moving forward with demolition and site clearance of 6400,
6520, and 6528 Cedar Avenue.
. 6528 Cedar is owned by the HRA while 6400 and 6520 Cedar Avenue are
owned by the City of Richfield. Purchases of the properties were made using
Multi-jurisdictional Program Funds (MJP) from Hennepin County and Airport
Noise Acquisition Program (ANAP) funds, respectively.
. Since City-owned property will be conveyed to the HRA and then to the
Developer, the HRA will spearhead the demolition work under a competitive bid.
. In order to accomplish this, the attached "Cooperative Agreement Funding and
Demolition of Parcels in Cedar Point Project Area" (Cooperative Agreement) is
needed. The Agreement addresses the plans and specifications, payment, and
right of entry.
. Work cannot proceed as proposed without the City's approval of the Agreement.
. Demolition work and environmental remediation work will be paid for using the
MJP funds.
. Plans and specifications for the demolition work was prepared by Stanley
Consultants, Inc. while those for evironmental remediation were prepared by
Peer Engineering, Inc., both subcontractors to the HRA's acquisitionlrelocation
consultant, SRF Consulting Group, Inc. (formerly Conworth, Inc.).
. Advertisements for bids will be published consecutively in the Sun Current
Newspaper on May 4, 2006 and May 11, 2006, as prescribed by Minnesota
State Statutes, and on May 5, 2006 in the Construction Bulletin.
. The bid opening is proposed to be held on May 25, 2006.
. Site clearance should substantially be completed by September 1, 2006.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. The Contract calls for the HRA undertaking demolition and site
clearance of HRA property, prior to conveyance to the Developer.
. A Cooperative Agreement with the City is a needed permission for site
clearance to be undertaken by the HRA on City-owned properties.
. Minnesota Statutes, Chapter 469, sets forth the requirements for
letting contracts.
I B. CRITICAL ISSUES I
. The Developer is making progress in site assembly of non-HRA
properties and anticipates beginning construction in the fall, 2006.
I C. FINANCIAL I
. MJP funds are available for demolition and environmental remediation
work.
I D. LEGAL I
. Legal counsel, Kennedy & Graven, Chartered, prepared the
Cooperative Agreement and reviewed all plans, specifications, and
bidding documents prepared by the Stanley Consultants, Inc. and
Peer Engineering.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Delay commencement of site clearance at this time.
. Require the City to undertake site clearance on it's own initiative.
. Both options would impede timely land conveyances to the Developer.
I V. ATTACHMENTS
. Cooperative Agreement
. Project Manual for Demolition Specifications
. Advertisement for Bids
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. N/A
4/11/06
COOPERA TIVE AGREEMENT
FUNDING AND DEMOLITION
OF PARCELS IN CEDAR POINT
PROJECT AREA
Hennepin County, Minnesota
This Agreement is entered into by and between the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota, a public body corporate and politic of the
State of Minnesota with powers set forth at Minnesota Statutes Chapters 469 ("Authority") and
the City of Richfield, a home rule charter city and political subdivision of the State of Minnesota
("City") (together, the "parties"). The purpose of the Agreement is, through exercise the
authority conferred by Minnesota Statutes Section 471.59, to provide for the coordinated
demolition of certain properties located within the Cedar Point Redevelopment Project Area, and
to address matters pertaining to the bidding, contracting and financing of the demolition work.
1. The Property.
The Property consists of the separate parcels of land described in the attached Exhibit A.
Exhibit A also contains the location and ownership of each parcel.
2. The Work.
The Work consists of the demolition of the improvements located on the Property and includes
all environmental remediation and utility disconnection as provided for in the approved plans
and specifications for the Work. The Work will be ordered, contracted and overseen by the
Authority.
3. Plans and Specifications and Other Documents.
Not later than the date of approval of this Agreement by the Authority, the Authority shall cause
to be prepared detailed plans and specifications covering all aspects of the demolition of the
improvements located on the Property.' Prior to its approval of this Agreement, the City shall
review and comment on the proposed plans and specifications. Approval by the City will
constitute acceptance of the proposed plans and specifications.
In addition to the plans and specifications, the Authority will prepare all bid and contract
documents necessary for the Work. Such documents, must provide that the contractor will
segregate in the bid and in the pay requests the costs and expenses for each of the three parcels,
in such a manner as to allow the City and the Authority to accurately detemline: (i) the portion of
the bid amount allocable to the City parcels and allocable to the Authority parcels; and (ii) the
portion of the actual payments allocable to the City parcels and allocable to the Authority
parcels.
2809S9v2 JBD RC125-239
JBD-280959vl
4. Pavment.
The contracts for the Work may provide for progress payments, or for a lump sum payment at
the completion of the Work. The Authority shall be responsible for making all payments under
the contracts for the Work. Reimbursement for all payments made by the Authority under this
Agreement will be made in accordance with the provisions of the document entitled: Cooperative
Agreement for Cedar Point Project dated March 22, 2006.
5. Right of Entry.
The City hereby grants to the Authority, its agents, employees, contractors and invitees the right
to enter upon the City parcels, for the purpose of carrying out the activities described in
paragraph 2 above.
As additional consideration for such right of entry, the Authority agrees to:
(a) Permit the City's employees or consultants retained by the City to be present
during the time any work is being done by the Authority under this Agreement;
(b) Provide a copy of all test results, surveys and reports prepared by the Authority,
or consultants or contractors evaluating the conditions present on the City parcels
to the City as soon as reasonably possible following final completion thereof.
(c) Dispose of all solid waste generated during the course of the Authority's activities on
the City parcels. .
(d) Do the work in the shortest period time reasonably necessary to complete such
activities authorized under this Agreement;
(e) Use the City parcels only for the purposes described herein and not park or store any
equipment thereon, except during the limited periods of time when the work under
this Agreement is actually in progress;
(f) Do no unnecessary damage to the City parcels.
(g) Hold the city harmless from and indemnify it from any and all claims, damages,
judgments or obligations, including the cost of defense of suit, arising out of
damage to City parcel or arising out of injury to anyone incurred or alleged to have
been incurred in connection with or as a result of any work done pursuant to this
Agreement, or as a result of the Authority's intentional torts or negligence.
(h) Fully pay and satisfy any claims for payment for work done on the City parcel and
indemnify and, subject to the City's obligations hereunder, hold harmless Mound
from any claims based on failure to fully pay such claims.
2R0959v2 JBD RC125-239
JBD-280959vl
2
(i) The Authority's contractors which enter the City parcel pursuant to a contract to
perform the Work and this Agreement shall carry insurance during the time any
work is done on the City parcel in amounts and in coverages acceptable to the City;
G) If the Authority removes a sample or portion of the City parcel, or improvements
located thereon, for investigation, monitoring or testing or obtains any data or
issues any report, it must give the City an equal amount of the sample or portion
and a copy of any data or report, and must permit the City to perform an
independent investigation, monitoring, or testing of the sample or portion.
6. Effective Date.
The Agreement is effective when fully executed by the parties.
7. Notices
Any written communication required under this Agreement shall be addressed to the other
parties as follows, except that any party may change its address for notice by so notifying the
other parties in writing:
To the Authority:
Executive Director
Housing and Redevelopment Authority in and for the City of Richfield, Minnesota
6700 Portland Avenue South
Richfield, MN 55423
To the City:
City Manager
6700 Portland Avenue South
Richfield, MN 55423
8. Waiver.
A party's failure to insist on the strict performance of any obligation under this Agreement, or to
exercise any option, remedy or right herein, will not waive or relinquish that party's right in the
future to insist on strict performance of that or any other obligation. A party's waiver of a breach
of an obligation of this Agreement will not be construed as a waiver of any subsequent breach of
that or any other obligation. A waiver must be in writing and signed by the party.
280959v2 JBD RC 125-239
JBD-280959v I
3
9. Venue and Jurisdiction.
This Agreement shall be construed under and governed by the laws of the State of Minnesota.
The appropriate venue and jurisdiction for any legal action hereunder shall be Hennepin County,
Minnesota.
IN WITNESS WHEREOF, intending to be legally bound, the parties hereto execute and deliver
this Agreement.
CITY OF RICHFIELD: Housing and Redevelopment Authority in and
for the City of Richfield, Minnesota:
By: By:
fis: fis:
By:
By: fis:
Its:
ST A TE OF MINNESOTA )
) ss.
COUNTY OF HEJ\'NEPIN )
The foregoing instrument was acknowledged before me this day of
, 2006, by and
, the Mayor and City Manager, respectively, of the City of
Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the City.
Notary Public
280959v2 JBD RC125-239
JBD.280959vl
4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
20~, ~ md
, the Executive Director and Chair, respectively, of the
Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA), a
public body corporate md politic under the laws of Minnesota, on behalf of the HRA.
Notary Public
DRAFTED BY:
Kennedy & Graven, Chartered (lBD)
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
280959v2 lBD RC 125-239
lBD-280959v I
5
EXHIBIT A
LEGAL DESCRIPTION
6400 Cedar Avenue South, Richfield, Minnesota
Lot 6, Block 2, Iverson's Third Addition, Hennepin County, Minnesota
6520 Cedar A venue South, Richfield, Minnesota
Lot 4 and the South 71 feet of Lot 5, Block 1. Iverson's Third Addition, Hennepin County,
Minnesota
6528 Cedar A venue South, Richfield, Minnesota
The North 46 feet of Lot 2 and ail of Lot 3, ail in Block 1, "Iverson's Third Addition", Hennepin
County, Minnesota
280959v2 18D RC125.239
JBD-280959v I
A-I
CEDAR POINT AREA
.. _ 9~'1P_ ~T_ _ _
6315 6314[-16315"[ ~ I i j
· 6321 .6320 I ! 632111' 6320 I : ....-1
6327 i 63261 ! 63271~. I I ~ !
6333 i 63321 16333~ i
. 6339163381 ~~; I 16333 ~
i 634516344 J /6345 i ~ t===t
· 4TH L ·
--, I-~
6401 6400 i ! 6405 ~
i
6409 6408 I 6409 I !
: ~--! I
1641516414, f15: N i
~~~~i:~~: ~~;: S I
~ 6433 6432! 164331 i
.... I i "<:t I
, 643916438/' 164391 i I
~516444 I (6445 LJ
· 65TH ST
; 6501 16500 I i65011g i r 6501
6509165081 ~_O~ ~' ~
: 6515165141 1~515 ~ 16511 ~
~:~;t::~~ r:~~; 1 1652]
6533 [ 6532/ ~6~33 ~_~ ~-I :
81!~ I~~ 'I 18 i '\820 I L,_,_j.
il'- I'- i I'- I'- I co Ii.
1..... ,....1.... ..... i !..- Ii.
'_J_ ___~_~______.._____
16409 .....
L-~ t--
Wi I ~
~ ~'----i ,...
a:: 1-=--4 ~
~ 16425 ~ ~
~ r'=J z:::C:
i I
t- --t ~
I-
L._~
66TH ST
o 110 220
~--
440
860
880
. Feet
o HRAPROPERTY
D
...-.
I I
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L\
N
CITY PROPERTY
PROJECT BOUNDARY
ADVERTISEMENT FOR BIDS
FOR
BUILDING DEMOLITION
6400, 6520, AND 6528 CEDAR AVENUE
IN THE
CITY OF RICHFIELD, MINNESOTA
Notice is hereby given that the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota (Richfield HRA) will receive Bids at 6700 Portland Ave South Richfield, MN 55423
prior to 11 :00 a.m., local time, on May 25, 2003 for Cedar Avenue Apartment Properties Building
Demolition Project at which time Bids will be publicly opened and read. Bids will be acted upon at the
regular Richfield HRA meeting on June 19, 2006, or at such later time and place as may then be fixed.
Bids arriving after the designated time will be returned unopened. A pre-bid conference will be held on
Thursday, May 18, 2006 at 10:00 a.m. at Richfield City Hall, Council Chambers, 6700 Portland Avenue
South, Richfield, MN.
The work, in accordance with the specifications, consists of the following items of work:
The project contains three sites in the City of Richfield, Minnesota:
6400 Cedar Avenue South - Apartment Building (4 units)
6520 Cedar Avenue South - Apartment Building (12 units)
6528 Cedar Avenue South - Apartment Building (12 units)
Work shall be in accordance with the Bidding Documents, which are on file at the office of Stanley
Consultants, Inc. A base set of Bidding Documents consisting of 1 set of specifications and 1 drawing
may be obtained from Ms. Melissa Lidberg, Stanley Consultants, Inc., 5775 Wayzata Blvd, Suite 955
Minneapolis, Minnesota 55416 telephone 952-797-5394 upon deposit or payment in the amount of $25.00.
Additional Bidding Documents may be obtained at the same cost but are nonrefundable. The deposit for
1 base set will be refunded to those Bidders who return the Bidding Documents in good condition within 15
days following the Bid opening.
All Bids shall be submitted in triplicate, on forms provided with the Bidding Documents, on or before
the time specified above. All Bid forms shall be placed in an envelope and securely sealed therein. Each
Bid shall be accompanied, in a separate sealed envelope, by Bid security in an amount of not less than
5% of the Bid. Bid Bonds must be executed by corporations authorized to contract as Surety in the State
of Minnesota and in a form described in the Contract Documents. Bid security shall be forfeited if the
Bidder fails or refuses to sign and deliver a signed Agreement and furnish required contract security.
Upon notification of award, Successful Bidder shall furnish contract security in the form of
performance and payment bonds described in the Contract Documents.
Performance of the Work will start immediately after date of Notice to Proceed, and shall be
completed within the time stated in the Contract Documents.
The Richfield HRA reserves the right to defer acceptance of any Bid for a period not to exceed 35
calendar days after the date Bids are to be received. The Richfield HRA reserves the right to consider
such factors as time of completion of the Work, materials and methods of construction, experience and
responsibility of the Bidder, and similar factors in determining which Bid it deems to be in its best interests.
The Richfield HRA reserves the right to reject any or all Bids, to waive informalities or technicalities in any
Bid and to accept the Bid which it deems to be in the best interest of the Richfield HRA.
By
Nancy Gibbs, City Clerk
Publish: May 4, 2006 and May 11, 2006
Project Manual
for
Demolition of
Cedar Avenue Apartment Properties
Housing and Redevelopment Authority in
and for the City of Richfield, Minnesota
Issued for Bidding
April 2006
A Stanley Group Company
Engineering, Environmental and Construction Services - Worldwide
8Stanley Consultants, Inc. 2006
00001.doc
.
Project Manual
for
Demolition of
Ce"dar Avenue Apartment Properties
Housing and Redevelopment Authority in
and for the City of Richfield, Minnesota
I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and
that I am a dlY Licensed Professional Engineer under the law~ of the state of Minnesota. "
Signaturej ll-?f~.'~ ~~ Typed or Printed Name: Euaene L. Anderson. P.E.
Date: Aoril 11, 2006 Reg. No: 11385
A Stanley Group Company
Engineering, Environmental and Construction SeMoes - Worldwide
00006.doc
TABLE OF CONTENTS
SECTION 00010 - Page 1
DEMOLITION OF CEDAR AVENUE APARTMENT PROPERTIES
HOUSING AND REDEVEOLPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
18966.01.00
TITLE
GENERAL REQUIREMENTS
Administrative Requirements
Project Meetings
PAGE
1 thru 1
1 thru 6
1 thru 4
1 thru 1
1 thru 1
1 thru 5
1 thru 2
1 thru 2
1 thru 42
1 thru 3
1 thru 2
1 thru 2
1 thru 7
1 thru 2
1 thru 2
1 thru 2
1 thru 5
Bound Herein
Bound Herein
Bound Herein
Section 00100 - Advertisement for Bids
Section 00200 - Instructions to Bidders
Section 00410 - Bid Form
Affidavit and Information Required of Bidders
Statement of Intent to Comply with EEO and Affirmative Action Requirements
Section 00520 - Agreement between Owner and Contractor
Section 00610 - Construction Performance Bond - EJCDC No. 1910-28A
Section 00620 - Construction Payment Bond - EJCDC No. 1910-28B
Section 00700 - Standard General Conditions for the Construction Contract -
EJCDC No. 1910-8 (1996 Edition)
Section 00800 - Supplementary Conditions
DIVISION 1
Section 01300
Section 01310
DIVISION 2
Section 02220
Section 02230
Section 02310
Section 02311
Section 02923
SITE CONSTRUCTION
Site Demolition
Site Clearing
Grading
Finish Grading
Seeding
ATTACHMENT 1 - PROPERTY LIMITED APPRAISAL, SUMMARY REPORTS
ATTACHMENT 2 - ASBESTOS, LEAD-BASED PAINT AND HAZARDOUS MATERIALS
ABATEMENT REQUIREMENTS
DRAWING NO. 18966-G1 - DEMOLITION OF CEDAR AVENUE APARTMENT
PROPERTIES PLAN
ADVERTISEMENT FOR BIDS
FOR
BUILDING DEMOLITION
6400,6520, AND 6528 CEDAR AVENUE
IN THE
CITY OF RICHFIELD, MINNESOTA
Notice is hereby given that the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota (Richfield HRA) will receive Bids at 6700 Portland Avenue South, Richfield, MN
55423 prior to 11 :00 a.m., local time, on May 25, 2006 for the Demolition of Cedar Avenue Apartment
Properties at which time Bids will be publicly opened and read. Bids arriving after the designated time will
be returned unopened. Bids will be acted upon at the regular Richfield HRA meeting on June 19, 2006, or
at such later time and place as may then be fixed.
A pre-bid conference will be held on Thursday, May 18, 2006 at 10:00 a.m. at Richfield City Hall, Council
Chambers, 6700 Portland Avenue South, Richfield, MN. Buildings will also be open for viewing from 9:00
a.m. to 11 :00 a.m. on this day.
The work, in accordance with the specifications, consists of the following items of work:
The project contains three sites in the City of Richfield, Minnesota:
6400 Cedar Avenue South - Apartment Building (4 units)
6520 Cedar Avenue South - Apartment Building (12 units)
6528 Cedar Avenue South - Apartment Building (12 units)
Work shall be in accordance with the Bidding Documents, which are on file at the office of Stanley
Consultants, Inc. A base set of Bidding Documents consisting of 1 set of specifications and 1 drawing
may be obtained from Ms. Melissa Lidberg, Stanley Consultants, Inc., 5775 Wayzata Blvd, Suite 955
Minneapolis, Minnesota 55416 telephone 952-797-5394 with payment in the amount of $25.00. Additional
Bidding Documents may be obtained at the same cost.
All Bids shall be submitted in triplicate, on forms provided with the Bidding Documents, on or before
the time specified above. All Bid forms shall be placed in an envelope and securely sealed therein. Each
Bid shall be accompanied, in a separate sealed envelope, by Bid security in an amount of not less than
5% of the Bid. Bid Bonds must be executed by corporations authorized to contract as Surety in the State
of Minnesota and in a form described in the Contract Documents. Bid security shall be forfeited if the
Bidder fails or refuses to sign and deliver a signed Agreement and furnish required contract security.
Upon notification of award, Successful Bidder shall furnish contract security in the form of
performance and payment bonds described in the Contract Documents.
Performance of the Work will start immediately after date of Notice to Proceed, and shall be
completed within the time stated in the Contract Documents.
The Richfield HRA reserves the right to defer acceptance of any Bid for a period not to exceed 35
calendar days after the date Bids are to be received. The Richfield HRA reserves the right to consider
such factors as time of completion of the Work, materials and methods of construction, experience and
responsibility of the Bidder, and similar factors in determining which Bid it deems to be in its best interests.
The Richfield HRA reserves the right to reject any or all Bids, to waive informalities or technicalities in any
Bid and to accept the Bid which it deems to be in the best interest of the Richfield HRA.
By
Nancy Gibbs, City Clerk
Publish: May 4, 2006 and May 11, 2006
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18966.01.00
INSTRUCTIONS TO BIDDERS
SECTION 00200 - Page 1
1.01 DEFINED TERMS
A. Terms used in these Instructions to Bidders will have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have
the meanings indicated below which are applicable to both the singular and plural thereof:
1, Bidder -The individual or entity who submits a Bid directly to Owner.
2. Issuing Office --The office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
3. Successful Bidder'--The lowest responsible Bidder submitting a responsive Bid to whom Owner
(on the basis of Owner's evaluation as hereinafter provided) makes an award.
1.02 COPIES OF BIDDING DOCUMENTS
1.03
1.04
A. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the
Advertisement or Invitation to Bid may be obtained from the Issuing Office.
B. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer
assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of
Bidding Documents.
C. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only
for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.
QUAL/FICA TIONS OF BIDDERS
A. To demonstrate Bidder's qualifications to perform the Work, within 5 days of Owner's request Bidder
shall submit written evidence such as financial data, previous experience, present commitments, and
such other data as may be called for below.
1. Each Bid shall contain evidence of Bidder's qualification to do business in the State of Minnesota
or covenant to obtain such qualification prior to award of Contract.
2. Written evidence or qualifications shall also include statement of similar work related to building
demolition and related work and abatement completed in previous 5 years with name, address,
and telephone number ofreferences of work completed.
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
A. Underground Facilities: Information and data shown or indicated in the Bidding Documents with
respect to existing Underground Facilities at or contiguous to the Site is based upon information and
data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or
others.
B. Hazardous Environmental Condition:
1. Supplementary Conditions identify those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that Engineer has used in preparing the
Bidding Documents.
2. Copies of reports and drawings referenced in paragraph 4.03.A will be made available by Owner
to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but
the "technical data" contained therein upon 'which Bidder is entitled to rely as provided in
paragraph 4.06 of the General Conditions has been identified and established in paragraph 4.06'
of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder
draws from any "technical data" or any other data, interpretations, opinions, or information
contained in such reports or shown or indicated in such drawings.
INSTRUCTIONS TO BIDDERS
Page 2 - SECTION 00200
18966.01.00
C. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to subsurface conditions, other physical conditions and Underground Facilities, and possible
changes in the Bidding Documents due to differing or unanticipated conditions appear in paragraphs
4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the
adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental
Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous
Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work
appear in paragraph 4.06 of the General Conditions.
D. On request, Owner will provide Bidder access to the Site to conduct such examinations,
investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid.
Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of
such explorations, investigations, tests, and studies.
E. Reference is made to Article 7 of the Supplementary Conditions for the identification of the general
nature of other work that is to be performed at the Site by Owner or others (such as utilities and other
prime contractors) that relates to the Work for which a Bid is to be submitted. On request, Owner will
provide to each Bidder for examination access to or copies of Contract Documents (other than
portions thereof related to price) for such other work.
F. It is the responsibility of each Bidder before submitting a Bid to:
1. Examine and carefully study the Bidding Documents, including any Addenda and the other related
data identified in the Bidding Documents;
2. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work;
3. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations
that may affect cost, progress, or performance of the Work;
4. Obtain and carefully study (or assume responsibility for doing so) all additional or supplementary
examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect
cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Bidder, including any
specific means, methods, techniques, sequences, and procedures of construction expressly
required by the Bidding Documents, and safety precautions and programs incident thereto;
5. Agree at the timebf submitting its Bid that no further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of its Bid for performance of the Work
at the price bid and within the times and in accordance with the other terms and conditions of the
Bidding Documents;
6. Become aware of the general nature of the work to be performed by Owner and others at the Site
that relates to the Work as indicated in the Bidding Documents;
7. Correlate the information known to Bidder, information and observations obtained from visits to
the Site, reports and drawings identified in the Bidding Documents; and all additional
examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;
8. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that
Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by
Engineer is acceptable to Bidder; and
9. Determine that the Bidding Documents are generally sufficient to indicate and convey .
understanding of all terms and conditions for the performance of the Work.
G. The submission of a'Bid will constitute an incontrovertible representation by Bidder that Bidder has
complied with every requirement of this Article, that without exception the Bid is premised upon
performing and furnishing the Work required by the Bidding Documents and applying any specific
means, methods, techniques, sequences, and procedures of construction that may be shown or
indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written
notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding
Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the
Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
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18966.01.00
INSTRUCTIONS TO BIDDERS
SECTION 00200 - Page 3
1,05
PRE-BID CONFERENCE
\ -
A. A pre-Bid conference will be held at 10:00 am on May 18, 2006 at Richfield City Hall, City Council
Chambers. Representatives of Owner and Engineer will be present to discuss the Project.. Engineer
will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in
response to questions arising at the conference. Oral statements may not be relied upon and will not
be binding or legally effective.
1.06
SITE AND OTHER AREAS
A. The Site is identified in the Bidding Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless
otherwise provided in the Bidding Documents. -
1.07 INTERPRETATIONS AND ADDENDA
- A. All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in
writing.
Ms. Jessica Willey
Stanley Consultants, Inc.
5775 Wayzata Boulevard, Suite 955
Minneapolis, MN 55416-1235
~
'----
B. Interpretations or clarifications considered necessary by Engineer in response to such questions will
be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the
Bidding Documents.
C. Questions received less than 5 days prior to the date for opening of Bids may not be answered. Only
questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.
D. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by
Owner or Engineer.
1.08 BID SECURITY
A. Bid must be accompanied by Bid security made payable to Owner in an amount of 5% of Bidder's
maximum Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety
meeting the requirements of paragraphs 5.01 and 5.02 of the General Conditions.
B. Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract
Documents, furnished the required contract security and met the other conditions of the Notice of
Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and
deliver the Contract Documents and furnish the required contract security within 15 days after the
Notice of Award; Owner may annul the Notice of Award and the Bid security of that Bidder will be
forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of
receiving the award may be retained by Owner until the earlier of seven days after the Effective Date
of the Agreement or 36 days after the Bid opening, whereupon Bid security furnished by such Bidders
will be returned. .
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C. Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the
award will be returned within 7 days after the Bid opening.
INSTRUCTIONS TO BIDDERS
Page 4 - SECTION 00200
18966.01.00
1.09
CONTRACT TIMES
~
A. The number of days within which, or the dates by which, the Work is to be (a) Substantially Completed
and (b) also completed and ready for final payment are set forth in the Agreement.
B. Dates of accessibility for the various properties are set forth in the Agreement.
1.10 LIQUIDATED DAMAGES
A. Provisions for liquidated damages, if any, are set forth in the Agreement.
1.11 SUBSTITUTE AND "OR-EQUAL" ITEMS
A. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the
Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is
specified or described in the Bidding Documents that a substitute or "or-equal" item of material or
equipment may be furnished or used by Contractor if acceptable to Engineer, application for such
acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The
procedure for submission of any such application by Contractor and consideration by Engineer is set
forth in the General Conditions and may be supplemented in the General Requirements.
1.12 PREPARATION OF BID
A. Bid form is included with the Bidding Documents.
B. All blanks on the Bid form shall be completed by printing in black ink or by typewriter and the Bid
signed. A Bid price shall be indicated for each Bid item listed therein.
~.
C. Any lump sum Bid Price shall be stated in words and figures; in case of conflict, words take
precedence.
D. Bid by a corporation shall be executed in the corporate name. by the president or a vice-president or
other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be
affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.
E. Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title
must appear under the signature), accompanied by evidence of authority to sign. The official of the
partnership shall be shown below the signature.
F. Bid by a limited liability company shall be executed in the name of the firm by a member and
accompanied by evidence of authority to sign. The state of formation of the firm and the official
address of the firm must be shown below the signature.
G. Bid by an individual shall show the Bidder's name and official address.
H. Bid by a joint venture shall be executed by each joint venture in the manner indicated on the Bid form.
The official address of the joint venture must be shown below the signature.
I. Names shall be typed or printed in ink below the signatures.
J. Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in
on the Bid form.
K. Address and telephone number for communications regarding the Bid shall be shown.
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INSTRUCTIONS TO BIDDERS
Page 6 - SECTIOtJ 00200
18966.01.00
involving price, time, or changes in the Work and to negotiate contract terms with the Successful
Bidder.
B. The Owner further reserves the right to reject any or all Bids or parts of Bids, to accept part or all of
Bids on the basis of considerations other than lowest cost, and to create a project of lesser or greater
expense and reimbursement than described by the Contractor in the Bid Documents.
C. Interest of Members of City: The Contractor agrees that no member of the governing body, officer,
employee, or agent of the City of Richfield or the Richfield HRA shall have any interest, financial or
otherwise, direct or indirect, in the Contract.
D. In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed
for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individualS
or entities must be submitted as provided in the Supplementary Conditions.
E. Owner may conduct such investigations as Owner deems necessary to establish the responsibility,
qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or
entities to perform the Work in accordance with the Contract Documents.
. F. If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best
interests of the Project.
1.19 CONTRACT SECURITY AND INSURANCE
A. Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth
Owner's requirements as to performance and payment Bonds and insurance. When the Successful
Bidder delivers the executed Agreement to Owner, it must be accompanied by such Bonds.
1.20 SIGNING OF AGREEMENT
A. When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the
required number of unsigned counterparts of the Agreement with the other Contract Documents which
are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall
sign and deliver the required number of counterparts of the Agreement and attached documents to
Owner. Within 10 days thereafter, Owner shall deliver one fully signed counterpart to Successful
Bidder with a complete set of the Drawings with appropriate identification.
1.21 RETAINAGE
A. Provisions concerning Contractor's rights to deposit ?ecurities instead of retainage are set forth in the
Agreement.
END OF SECTION 00200
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18966.01.00
INSTRUCTIONS TO BIDDERS
SECTION 00200 - Page 5
L. Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the
Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state
contractor license number for the state of the Project, if any, shall also be shown on the Bid form.
1.13 BASIS OF BID; EVALUATION OF BIDS
A. Lump Sum: Bidders shall submit a Bid on a lump sum basis as set forth in the Bid form.
1.14 SUBMITTAL OF BID
A. Bids shall be submitted no later than the date and time prescribed in the Advertisement for Bids and to
the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, 6700 Portland
Avenue South, Richfield, Minnesota 55423 and shall be accompanied by the Bid security and other
required documents.
B. Prepare Bids in triplicate on Bid Form bound in Project Manual.
C. Sealed opaque envelopes containing Owner's and Engineer's copies shall be plainly marked with the
Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted),
the name and address of Bidder. If a Bid is sent by mail or other delivery system, the sealed envelope
containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the
notation "BID ENCLOSED."
D. Retain duplicate copy for BIDDER.
E. Facsimile copies of Bids will not be accepted.
r
1.15 MODIFICATION AND WITHDRAWAL OF BID
A. Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid
must be executed and delivered to the place where Bids are to be submitted prior to the date and time
for the opening of Bids.
B. If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and
promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material
and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid
security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further
bidding on the Work.
1.16 OPENING OF BIDS
A. Bids will be opened at 11 :00 am on May 25, 2006 at Richfield City Hall, City Council Chambers and,
unless obviously nonresponsive, read aloud publicly. An abstract of the amounts of the base Bids and
major alternates, if any, will be made available to Bidders after the opening of Bids.
1.17 BIDS TO REMAIN SUBJECT TO ACCEPTANCE
A. All Bids will remain subject to acceptance for the period of time stated in the Bid form, but Owner may,
in its sole discretion, release any Bid and return the Bid security prior to the end of this period.
1.18
AWARD OF CONTRACT
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A. Owner reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids. Owner further reserVes the right to reject the Bid of
any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner may
also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the
Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not
18966.01.00
BID FORM
SECTION 00410 - Page 1
PROJECT AND CONTRACT IDENTIFICATION:
This Bid pertains to Demolition Specifications for Cedar Avenue Apartment Properties, for the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota.
THIS BID IS SUBMITTED TO: Housing and Redevelopment Authority in and for the City of Richfield, Minnesota,
6700 Portland Ave South, Richfield, Minnesota 55423.
1. The undersigned Bidder propeses and agrees, if this Bid is accepted, to enter into an Agreement with
OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the
Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other
terms and conditions of the Bidding Documents.
2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation
those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 30 days after
the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of
OWNER.
3. In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
a. Bidder has examined and carefully studied the Bidding Documents, the other related data identified
in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No.
Addendum Date
b. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and
Site conditions that may affect cost, progress, and performance of the Work.
c. Bidder .is familiar with and is satisfied as to all federal, state and local Laws and Regulations that
may affect cost, progress and performance of the Work.
d. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies and data
concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
Bidder, including applying the specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents to be employed by Bidder, and safety
precautions and programs incident thereto.
e. Bidder does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the determination of this Bid for performance of the Work at tl:1e price( s)
bid and within the times and in accordance with the other terms and conditions of the Bidding
Documents. .
f. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site
that relates to the Work as indicated in the Bidding Documents.
g. Bidder has correlated the information known to Bidder, information and observations obtained from
visits to the Site, reports and drawings identified in the Bidding Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.
h. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents, and the written resolution thereof by
ENGINEER is acceptable to Bidder.
i. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for the performance of the Work for which this Bid is submitted.
18966.01.00
BID FORM
SECTION 00410 - Page 2
4. Bidder further represents that this Bid is genuine and not made in the interest of oron behalf of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other
Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain
from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other
Bidder or over OWNER.
5. Bidder will complete the Work in accordance with the Contract Documents for the following price(s).
a. Lump Sum Bid Price:
(words)
($
).
(figures)
Lump Sum Bid Price is comprised of the following components which when summed will equal LumP Sum
Bid Price.
Mobilization & Demobilization
$
$
Administration & Permitting
Apartment Building Demolition and Site Restoration:
6400 Cedar Ave. S.
6520 Cedar Ave. S.
6528 Cedar Ave. S.
$
$
$
Asbestos, Lead-Based Paint and Hazardous Materials Abatement:
6400 Cedar Ave. S.
6520 Cedar Ave. S.
6528 Cedar Ave. S.
$
$
All Other Work Incidental Thereto
$
Total
$
6. Bidder agrees that the Work wiff be substantially completed and completed and ready for final payment in
accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of
calendar days indicated in the Agreement.
7. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work within the times specified above, which shall be stated in the Agreement.
8. Exceptions and Clarifications: Attach a separate sealed envelope labeled "Exceptions and Clarifications" to
outside of sealed Bid, containing listing on Bidder's letterhead of all exceptions and clarifications to Contract
Documents, referencing page number and paragraph of Contract Documents involved. If there are no
exceptions or clarifications, include statement to such effect in Bid envelope. Excessive exceptions or
clarifications may render Bid unresponsive. Bidder agrees to all provisions contained in Contract
Documents unless specifically listed as an exception or clarification. If Bidder submits drawings, printed
forms, standard statements, or other revisions which conflict with Contract Documents, the Contract
Documents will prevail.
9. The following documents are attached to and made a condition of this Bid:
a. Statement of no Exceptions and Clarifications, if appropriate.
b. Exceptions and Clarifications to Contract Documents, if appropriate.
c. Required Bid security.
18966.01.00
BID FORM
SECTION 00410 - Page 3
10. The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
11. Bidder's Contractor's License Number:
SUBMITTED ON
,20_
If Bidder is:
An Individual
Name (typed or printed):
By
(SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
Fax No,
A Partnershio
Partnership Name:
(SEAL)
By
(Signature of general partner - attach evidence of authority to sign)
Name (typed or printed):
Business address:
Phone No.:
Fax No.
A Corooration
Corporation Name:
(SEAL)
State of incorporation:
Type (S7eneral Business, Professional, Service, Limited Liability):
By
(Signature - attach evidence of authority to sign)
Name (typed or printed):
Title:
(CORPORATE SEAL)
Attest:
. (Signature of Corporate Secretary)
-~
18966.01.00
BID FORM
SECTION 00410 - Page 4
Business address:
Phone No.:
Fax No.
Date of Qualification to do business is
A Joint Venture
Joint Venturer Name:
(SEAL)
By
(Signature of joint venture partner -- attach evidence of authority to sign)
Name (typed or printed):.
Title:
Business address:
Phone No.:
Fax No.
Joint Venturer Name:
(SEAL)
By
(Signature of joint venture partner -- attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.:
Fax No.
Phone and FAX Number, and Address for receipt of official communications
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a
party to the joint venture should be in the manner indicated above).
END OF SECTION 00410
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA
6700 Portland Avenue South
Richfield, Minnesota 55423
AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS
Affidavit of Non-Collusion:
I hereby swear (or affirm) under the penalty of perjury:
(1) That I am the bidder (if the bidder is an individual), a partner in the bidder (if
the bidder is a partnership), or an officer or employee of the bidding corporation having
authority to sign on its behalf (if the bidder is a corporation);
(2) That the attached bid or bids have been arrived at by the bidder
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 invitation to bid, designed
to limit independent bidding or competition;
(3) That the contents of the bid or bids have not been communicated by the
bidder or its employees or agents to any person not an employee or agent of the bidder
or its surety on any bond furnished with the bid or bids, 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:
Firm Name:
Subscribed and sworn to before me this
day of ,20_,
Notary Public
My commission expires
,20_,
HOUSING AND REDEVELOPMENT AUTHORITY IN AND F0R THE CITY OF
RICHFIELD, MINNESOTA
Statement of Intent to Comply with EEO and Affirmative Action Reauirements
The Housing and Redevelopment Authority in and for the City of Richfield and
various funding sources that are used for construction of City projects have
r~quirements and standards to ensure equal employment opportunities and anti-
discrimination practice. These standards must be met in order to receive the funds
described above.
The undersigned hereby states that he fully intends to comply with these standards
-as described in the contract documents and as required by the regulations of the City
and the funding agencies.
Date:
Signature:
Title:
Firm Name & Address:
18966.01.00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
SECTION 00520 - Page 1
THIS AGREEMENT is by and between the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (hereinafter called OWNER) and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual coven~nts hereinafter set forth, agree as follows:
Article 1. WORK.
1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as General Construction.
Article 2. THE PROJECT.
2.1 The Project for which Work under the Contract Documents may be the whole or only a part is generally
described as Demolition of Cedar Avenue Apartment Properties Project.
Article 3. ENGINEER.
3.1 The Project has been designed by Stanley Consultants, Inc. who is hereinafter called ENGINEER and
who is to act as OWNER's representative assume all duties and responsibilities and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 4. CONTRACT TIMES.
4.1 Time of the Essence. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
Article 5. CONTRACT PRICE.
5.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.1.1,
5.1.2, and 5.1.3 below: .
5.1.1 For all Work a Lump Sum of:
(words)
($
).
(figures)
18966.01.00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
SECTION 00520 - Page 2
. Lump Sum Bid Price is comprised of the following components which when summed will equal Lump
Sum Bid Price.
Mobilization & Demobilization
$
$
Administration & Permitting
Apartment Building Demolition and Site Restoration
6400 Cedar Ave. S.
6520 Cedar Ave. S.
6528 Cedar Ave. S.
$
$
$
Asbestos, Lead-Based Paint and Hazardous Materials Abatement:
6400 Cedar Ave. S.
6520 Cedar Ave. S.
6528 Cedar Ave. S.
$
$
All Other Work Incidental Thereto
$
Total
$
Article 6. PAYMENT PROCEDURES.
6.1 Submittal and Processing of Payments. CONTRACTOR shall submit Applications for Payment in
accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
6.2 Progress Payments; Retainage. OWNER will make progress payments on or about the 3rd Tuesday of
the month on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment if
CONTRACTOR presents Applications for Payment by the 1 st day of each month during performance of the Work as
provided in paragraphs 6.2.1 and 6.2.2 below. All such payments will be measured by the schedule of values
.established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of
units completed) or, in the event there is no schedule of values, as provided in the General Requirements:
6.2.1 Prior to Substantial Completion, progress payments will be made in an. amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously made and less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the
General Conditions.
6.2.1.1 95% of Work completed (with the balance being retainage). If Work has been 50%
completed as determined by ENGINEER, and if the character and progress of the Work have been
satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine
that as long as the character and progress of the Work remain satisfactory to them, there will be no
retainage on account of Work subsequently completed, in which case the remaining progress payments
prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the
aggregate of payments previously made; and
6.2.1.2 95% of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
6.2.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments
to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in
accordance with paragraph 14.02. B. 5 of the General Conditions and less 95% of ENGINEER's estimate ofthe
value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected
attached to the certificate of Substantial Completion.
6.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07
of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as
provided in said paragraph 14.07.
18966.01.00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
SECTION 00520 - Page 3
Articl 7. INTEREST.
7.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at
maximum rate allowed by law at the place of the Project.
Article 8. CONTRACTOR'S REPRESENTATIONS.
8.1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
8.1.1 CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
8.1.2 CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the Work.
8.1.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
8.1.4 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)
all examinations, investigations, explorations, tests; studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or
performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods,
techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to
be employed by CONTRACTOR, and safety precautions i'lnd programs incident thereto.
8.1.5 CONTRACTOR does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract
Times,and in accordance with the other terms and conditions of the Contract Documents.
8.1.6 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at
the Site that relates to the Work as indicated in the Contract Documents.
8.1.7 CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
8.1.8 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by ENGINEER is acceptable to CONTRACTOR.
8.1.9 The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
Article 9. CONTRACT DOCUMENTS.
9.1 The Contract Documents consist of the following:
9.1.1 This Agreement (pages 1 to _, inclusive).
9.1.2 Exhibits to this Agreement (pages 1 to _, inclusive).
9.1.3 Performance Bond (pages 1 to _, inclusive).
9.1.4 Payment Bond (pages 1 to _, inclusive).
9.1.5 General Conditions (pages 1 to 42, inclusive).
9.1.6 Supplementary Conditions (pages 1 to _, inclusive).
18966.01.00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
SECTION 00520 - Page 4
9.1.7 Specifications as listed in Project Manual table of contents.
9.1.8 Drawings consisting of sheets as listed in Drawing List.
9.1.9 Addenda numbers _ to _ , inclusive.
9.1.10 The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
9.1.10.1 Written Amendments;
9.1.10.2 Work Change Directives;
9.1.10.3 Change Order(s).
9.2 The documents listed in paragraph 9.1 are attached to this Agreement (except as expressly noted
otherwise above).
9.3 There are no Contract Documents other than those listed above in this Article 9.
9.4 The Contract Documents may only be amended, modified, or supplemented as provided in paragraph
3.04 of the General Conditions.
Article 10. MISCELLANEOUS.
10.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
10.2 Assignment of Contract. No assignment by a party hereto of any rights under or interests in the
Contract will be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
10.3 Successors and A!!signs. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
10.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
18966.01.00
AGREEMENT BETWEEN OWNER AND CONTRACTOR
SECTION 00520 - Page 5
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart
each has been delivered to OWNER arid CONTRACTOR. All portions of the Contract Documents have been signed
or identified by OWNER and CONTRACTOR or on their behalf. .
This Agreement will be effective on
, 20_ (which is the Effective Date of the Agreement).
OWNER:
CONTRACTOR:
By:
By;
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Address for giving notices:
Address for giving notices
(If OWNER is a corporation, attach evidence of License No.
authority to sign. If OWNER is a public body, attach (Where applicable)
evidence of authority to sign and resolution or other
documents authorizing execution of Agreement.) Agent for service of process:
(If CONTRACTOR is a corporation attach evidence
of authority to sign.)
Designated Representative:
Designated Representative:
Name:
Name:
Title:
Title:
Address;
Address:
Phone:
Phone:
Facsimile:
Facsimile:
END OF SECTION 00520
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 Address of Principal Place
of Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side h~reof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative.
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
Name and Tide:
(Attach Power of Attorney)
Signature:
Name and Tide:
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRINCIPAL
Company: (Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
Name and Tide:
Signature:
Name and Tide:
EJCDC No. 1910-28-A (1996 Edition)
~inally prepared through the joint effons of the Surety Association of America. Engineers Joint Contract Documents Committee, the A.ssociated General
.,tractors of America, and the American Institute of Architects.
00610-1
1. The CONTRACTOR and the Surety, jointly and severally, bind themselves, their
heirs, execulOrs. administrators, successors and assigns 10 the Owner for the
performance of the Contract, which is incorporated herein by reference.
2. If !he CONTRACTOR perfonns the Conu:act, the Surety and me CONTRACTOR
have no obligation under this Bond. except 10 panicipate in conferences as provided in
pangraph 3.1.
3. 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 me Surety at the
addresses described in paragrapblO below, lhat Ihe OWNER is considering
declaring a CONTRACTOR Default and has requested and aaempted 10
arrange a conference with the CONTRACTOR and the Surety 10 be held not .
later than fifteen days after receipt of such notice to discuss methods of
performing the Contract. If the OWNER, the CONTRACTOR and the
Surety agree, the CONTRACTOR shall be allowed a reasonable time 10
perform the Contract, but such an agreement shall not waive the OWNER's
right, ifany, subsequently 10 declare a CONTRACTOR Default; and
3.2. The OWNER has declared a CONTRACTOR Default and formally
terminated the CONTRAcrOR's right to complete the Contract. Such
CONTRAcrOR Default shall not be declared earlier than twenty days after
the CONTRAcrOR and the Surety have received notice as provided in
paragraph 3.1; and
3.3. The OWNER has agre::d 10 pay the Balance of the Contract Price 10:
3.3.1. The Surety in accordance with the terms of the Contract;
3.3.2 Another contractor selected pursuant 10 paragraph 4.310 perform the
Contract.
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 CONTRAcrOR, with consent of the OWNER, to perform
and complete the Contract; or
4.2. Undertake to perform and complete the Contract itself. through its agents
or through independent contraclOrs; or
4.3. Obtain bids or negoti:ited proposals from qualified contractors acceptable
to the OWNER for a contract for performance and completion of the
Contract, arrange for a contract 10 be prepared for execution by the
OWNER and the contractor selected with the OWNER's concurrence, 10 be
secured with perfonnance and payment bonds executed by a qualified surety
equivalent 10 the Bonds issued on the Contract, and pay 10 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 Default; or
4.4. Waive its right to perform and complete, arrange for completion, or obtain
a new contraclOr and with reasonable prompUICss under the circumstances;
4.4.1 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 therefor to the OWNER; or
4.4.2 Deny liability in whole or in pan and notify the OWNER citing
reasons therefor.
5. If the Surety does n~t proceed as provided in paragraph 4 with reasonable
promptness, the Surety shall be deemed 10' 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 mis Bond, and the OWNER shall be entitled to
enforce any remedy available to the OWNER. If the Surety proceeds as provided in
paragraph.4.4, and the OWNER refuses the payment tendered or the Surety has denied
pliability, in whole or in pan. without further notice the OWNER shall be entitled 10
enforce any remedy available 10 the OWNER.
6. After the OWNER has terminated the CONTRACT::>R's right 10 complete the
Contract, and if me Surety elects 10 act under paragraph '..1, 4.2, or 4.3 above, th.
the responsibilities of the Surety 10 the OWNER shall not be greater than those of
CONTRACfOR under the Contract, and the rcsponsibil ities of the OWNER 10 the
Surety shall not be greater lhan those of the OWNER under Ihe' Contract To a 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 Contract, the Surety is
obligated without duplication for: '
6.1. The responsibilities of the CONrRACTOR for correction of defective
Work and completion of the Contract; -
6.2. Additional legal, design professional and dehy costs resulting from the
CONTRACTOR's Default, and resulting from the actions or failure to act
of the Surety under panlgraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the
Contract, aClllal damages caused by dela~'ed performance or non-
performance of the CONTRAcrOR.
7. The Surety shall not be liable to the OWNER or Olhers for obligations of the
CONTRACTOR that are unrelated [0 the Contract, and the Balance of the Contract
Price shall not be reduced or set off on account of any SUcll unrelated obligations. No
right of action shall a=ue on this Bond to any person or entity other than the OWNER
or its heirs, executors. administralOrs, or successors.
8. The Sure!"! hereby waives notice of any change, including changes of time, 10 tbe
Contract or to related subcontracts. purchase orders and o<her obligations.
9. Any proceeding. legal or equitable, under this Bond IIWlY be instilllted in any court
of competent jurisdiction in the location in whiCh the W~rk or part of me Work is
located and shall be instituted within two years after CONTI~CfOR Default or within
two years after the CONTRACTOR ceased worldng or withlll two years after the Surety
refuses or fails to perform its obligations under this Bond, w: 1ichever occurs first. If tile
provisions of this paragraph are void or prohibited by law, the minimum period of
limitation available 10 sureties as a defense in the jurisdiction of the suit shall bA
applicable. .
10. Notice to the Surety, the OWNER or the CONTRAcrOR shall be mailed or
delivered 10 the address shown on the signaDlre page.
I 1. When this Bond has been furnished to comply widl a statlltory or other legal
requirement in the location where the Contract was be perfc,nned, any provision in this
Bond conflicting wim said staDltory or legal requirement sltall be deemed deleted here
from and provisions conforming to such staDllOry or othe:' legal requirement shall be
deemed incorporated herein. The intent is Wt this Bond shall be construed as a
Statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: TIle total amount payable by the OWNER to
the CONTRAcrOR under the Contract after all proper adjusunents have
been made. including allowance [0 the CONTRACTOR of any amounts
received or 10 be received by the OWNER in settlement of insurance or
other Claims for damages 10 which the CONTRACTOR is entitled, reduced
by all valid and proper payments made to or on behalf of Ihe
CONTRACfOR under the Contract.
12.2. Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page, including all Contract Documents and
changes mereto.
12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither
been remedied nor waived. to perform or ollerwise to comply with :he
terms of the Contract.
12.4. OWNER Default: Failure of the OWNER, whidl has neither been remedied
nor waived, 10 pay the CONTRAcrOR as required by the Contract or to
perform and complete or comply with the oth"r terms thereof.
(FOR INFORMATION ONLY--Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party):
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 AddI-ess of Prim:ipal Place
of Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause thi
Payment Bond to be dilly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company:
(Corp. Seal)
SURETY
Company:
(Corp. Seal)
Signature:
Name and Title:
Signature:
Name and Title:
(Attach Power of Attorney)
(Space is provided below for signatures of additional parties, if required.)
CONTRACTOR AS PRlNCIP AL
Company:
(Corp. Seal)
SURETY
Company:
(Corp. Seal}
Signature:
Name and Title:
Signature:
Name and Title:
EJCDC No. 1910-28-B (1996 Edition)
Originally prepared through the joint effortS of the Surety Association of America, Engineers Joint Contract Documents Committee, th,: Associated General Contractm
eOf America, the American Instinne of Architects, the American Subcontractors Association, and the Associated Speci:iL!ty Contractors.
00620-1
1. The CONTRACTOR aId the Surety, joindy aId severally, bUd themselves, their
hei~, executo~, adminisU'ato~, successo~ aId assigns to the OWNER. to pay for
labor, materials and equipment furnished for use in the performance of the Contract.
which is incorporated herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the
CONTRAcrOR:
2.1. Promptly makes payment. directly or indirectly, for all sums due
Claimants, 3JId
2.2. Defends, indemnifies and holds harmless the OWNER from all claims,
demands, liens or suits by any pe~n or entity who furnished labor,
materials or equipment for use in the performance of the Contract,
provided the OWNER lIas promptly notified the CONTRACl'OR and the
Surety (at the addresses described in paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the CONTRACTOR am the Surety, aId provided there is
no OWNER Default.
3. With respect to Claimants, this obligation shall be null aId 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 a direct contract with the
CONTRAcrOR have given notice to the Surety (at the addresses
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, with
substantial accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contraet with the CONTRAcrOR:
1. Have furnished written notice to the CONTRAcrOR aId 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 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 CONTRAcrOR had indicated the claim will be paid directly or
indirectly; and
3. Not having been paid within the above 30 days, have sent a written
notice to the Surety and sent a copy, or notice thereof, to the OWNER,
stating that a claim is being made under this Bond aId enclosing a copy
of the previous written notice furnished to the CONTRAcrOR.
5. If a notice required by paragraph 4 is given by the OWNER to the
CONTRAcrOR 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.
6.2. Payor arrange for payment ~f any undisputed amounts.
7. The Surety's total obligation shall ilot exceed the amount of t~is Bond. and the
amount of this Bond shall be credited for any payments made in good fuith by the
Surety .
8. Amounts owed by the OWNER to the CONTRACTOR under the Conuact shall
be used for the performance of the Conuact and to satisfy claims. if any. under an~
Perfonnarx:e Bond. By the CONTRACTOR furnishing and the OWNER accepti~
this Bond, they agree that all funds earned by the CONTRACTOR in the
performance of the Contract are dedica1ed to satisfy obligations of the
CONTRAcroR and the Surety under this Bond, subject to the OWNER's priority
to use the funds for the completion of the Work.
9. The Surety shall DOt be liable to the OWNER, Claiman::s or othets for obligations
of the CONTRACTOR that are unrelated to the Contrac:~ The OWNER shall not
be liable fur paymem of any costs or expenses of any Claimant under this Bond, aId
shall have under this Bond no obligations to make pay:nents to, give notices on
behalf of, or otherwise have obligations to Claimants uneler this Bond.
10. The Surety hereby waives notice of any change, including cl1anges of time, to
the Contraet or to related Subcontracts, purcl1ase orde~ UJd other obligations.
11. No suit or action sl1a11 be commenced by a Claimant under this Bond other than
in a court of competent jurisdiction in the location in whie h 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 DOrice required by paragraph 4.1 or paragraph 4.2.3, or (2) on
which the last labor or service was performed by anyor e or the last materials or
equipment were furnished by anyone under the Construction Contract, whichever of
(1) or (2) ~t OCCU~. If the provisions of this paragraph are void or prohibited by
law. the minimum period of limitation available to SUteties as a defense in the
jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the OWNER or the CONTRAcrOR shall be mailed or
delivered to the addresses shown on the signalUre page. AclUal receipt of notice hy
Surety, the OWNER or the CONTRAcrOR. howeve: accomplished, shall be
sufficient compliance as of the date received at the addi'e 5S shown on the signature
page.
13. When this Bond lIas been furnished to compl.y with a stannory or olber legal.
requirement in lhe location where the Contract was to be performed, any provisio
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 inwnt is, that this Bond shall
be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of
this Bond, the CONTRAcrOR shall promptly furnish a ':opy of this Bond or shall
permit a copy to be made.
15. DEFINTIlONS
15.1. Claimant: An individual or entity having a direct contract with tile
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 with.)ut limitation in the terms
"labor, materials or equipment' that part of water, gas, power, light. hea.t.
oil, gasoline. telephone service or rental equiprr,ent used in the Contract.
architectural and engineering services requirei for performance of the
Work of the CONTRAcrOR and the CONTRACTOR's Subcontractors.
and all other items for which a mechanic's liem may be asserted in the
jurisdiction where the labor. materials or eq'!ipment were furnished.
15.2. Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page, including all Contract Documents and
cltanges pthereto. .
15.3. OWNER Defuult: Failure of the OWNER, which lIas neither been
remedied nor waived. to pay the CONTRACTOR as required by the
Contract or to perform and complete or corr.ply with the other terms
thereof.
.
(FOR INFORMATION ONLY--Name, Address an9. Telephone)
AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other pany):
J
A(l;:;')IL ..,
This document has important legal consequences; consultation with an anomey is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law. .
A
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by .
ENGINEERS JOINT CONTRACT DOCUMENTS COMl\1n I)!;)!;
and
Issued and Published Jointly By
fa National Soc;etyol
Profess;ona' Eng;neers
Professional Engineers in Private Prar:ti~
AMERICAN CONSULTING
ENGINEERS COUNCIL
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General
Contractors of America
8E
AMERICAN SOCIETY OF
CIVIL ENGINEERS
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A~1 or 1910-
8-A-2) (1996 Ediltions). their provisions are interrelated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
(1996 Edition).
EJene No. 1910-8 (1996 Edition)
Construction Specifications Institute
~E?-
Copyright <<:>1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
.
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700 - 2
TABLE OF CONTENTS
I~
ARTICLE 1 _ DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . oo7OC - 6
1.01 Defined Terms ................................................... oo7OC - 6
1.02 Terminology. . . . . . : _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . oo7OC - 8
ARTICLE 2 - PRELIMINARY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . oo7OC - 9
2.01 Delivery of Bonds ...................................... . . . . . . . . . . . oo7OC - 9
2.02 Copies of Documents ................................... - . . . . . . . . . . . oo7OC - 9
2.03 Commencement of Contract Times; Notice to Proceed ...... - . . . . . . . - . . . . . . . . . . . oo7OC - 9
2.04 Starting the Work ..................................... - . . . . . . . . . . . oo7OC - 9
2.05 Before Starting Construction .......................................... 0070C - 9
2.06 Preconstruction Conference .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 . 10
2.07 Initial Acceptance of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 . 10
ARTICLE 3 _ CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 . 10
3.01 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . 00700.. 10
3.02 Reference Standards .............................................. 00700.. 10
3.03 Reponing and Resolving Discrepancies . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 00700. 11
3.04 Amending and Supplementing Contract Documents ........................... 00700.. 11
3.05 Reuse of Documents . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..11
ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS ............. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 11
4.01 Availability of Lands .............................................. 00700.. 11
4.02 Subsurface and Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 12
4.03 Differing Subsurface or Physical Conditions. . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 00700 . 12
4.04 Underground Facilities . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 00700 . 13
4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 00700 - 13
4.06 Hazardous Environmental Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 14
ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . 00700 . 15
5.01 Performance, Payment, and Other Bonds ................................. 00700.. 15
5.02 Licensed Sureties and Insurers ........................................ 00700.. 15
5.03 Cenificates of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 15
5.04 CONTRACTOR's Liability Insurance .................................... 00700 . 15
5.05 OWNER's Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 . 16
5.06 Property Insurance ............................................... 00700 . 16
5.07 Waiver of Rights ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 17
5.08 Receipt and Application of Insurance PrQceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .00700 . 18
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 1)()700 . 18
5.10 Partial Utilization, Acknowledgment of Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . 1)()700 . 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................... 1)()700 - 18
6.01 Supervision and Superintendence . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . .. . . . . . ')()700 - 18
6.02 Labor; Working Hours ................ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ')()700. 19
6.03 Services, Materials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ')()700 - 19
6.04 Progress Schedule .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . J0700 - 19.
6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J0700 - 19
6.06 Concerning Subcontractors, Suppliers, and Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . J0700 - 20
6.07 Patent Fees and Royalties ................................ . . . . . . . . . . . J0700. 21
6.08 Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . J0700 - 21
6.09 Laws and Regulations. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D0700. 22
6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D0700. 22
6.11 Use of Site and Other Areas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . ::>0700 - 22
6.12 Record Documents .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22
6.13 Safety and Protection ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.14 Safety Representative .............................................. 00700.23
6.15 Hazard Communication Programs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
00700 - 3
6.16 Emergencies. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.17 Shop Drawings and Samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23
6.18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24
6.19 CONTRACI'OR's General Warranty and Guarantee. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 25
6.20 Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 25
ARTICLE 7 - OTHER WORK ............................................. . . . . . . 00700 - 26
7.01 Related Work at Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
7.02 Coordination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ..... ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
8.01 Communications to Contractor ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26
8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (mOO - 26
8.03 Furnish Data ................................................... 00700 - 26
8.04 Pay Promptly When Due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 26
8.05 Laiuis and Easements; Reports and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 26
8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 27
8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 27
8.08 Inspections, Tests, and Approvals ...................................... (0700 - 27
8.09 Limitations on OWNER's Responsibilities ................................. C0700 - 27
8.10 Undisclosed Hazardous Environmental Condition ............................ C0700 - 27
8.11 Evidence of Financial Arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
9.01 OWNER'S Representative ........................................;.. 00700 - 27
9.02 Visits to Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27
9.03 Project Representative ............................................. 00700 - 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28
9.05 Authorized Variations in Work ........................................ C0700 - 28
9.06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 28
9.07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . 'J . . . . . . . . . . . . . . . C0700 - 28
9.08 Determinationsfor Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28
9.10 Limitations on ENGINEER's Authority and Responsibilities. . . . . . .' . . . . . . . . . . . . . . . 00700 - 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29
10.01 Authorized Changes in the Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29
10.02 Unauthorized Changes in the Work ..................................... 00700 - 29
10.03 Execution of Change Orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 29
10.04 Notification to Surety .............................................. C0700 - 29
10.05 Claims and Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . (0700 - 30
11.01 Cost of the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . C0700 - 30
11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 32
11.03 Unit Price Work ................................................. C0700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 - 33
12.01 Change of Contract Price ........................................... 00700 - 33
12.02 Change of Contract Times . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33
12.03 Delays Beyond CONTRACI'OR's Control ................................. C0700 - 33
12.04 Delays Within CONTRACTOR's Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 34
12.05 Delays Beyond OWNER's and CONTRACI'OR's Control. . . . . . . . . . . . . . . . . . . . . . . . C0700 - 34
12.06 Delay Damages. . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.01 Notice of Defects ................................................ 00700 - 34
13.02 Access to Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34
13.03 Tests and Inspections .............................................. 00700 - 34
13.04 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.05 OWNER May Stop the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35
13.06 Correction or Removal of Defective Work ................................. 00700 - 35
00700 - 4
13 .07 Correction Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 0070Q . 35
D.08 Acceptance of Defective Work. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 00700 .36
13;09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . 00700 .36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36
14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .00700 .36
14.02 Progress Payments. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 .37
14.03" CONTRACI'OR's Warranty of Title .................. . . . . . . . . . . . . . . . . . . . 00700 .38
14.04 Substantial Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 00700 .38
14.05 Partial Utilization ............................................... . 00700 .39
14.06 Final Inspection .........,....................................... 00700 . 39
14.07 Final. Payment . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 . 39
14.08 Final Completion Delayed . . . .. . . . . . . ',o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 .. 40
14.09 Waiver of Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..40
ARTICLE 15 - SUSPENSION OPWORK AND TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..40
15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 40
15.02 OWNER May Terminatefor Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 40
15.03 OWNER May Terminate For Convenience. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 41
15.04 CONTRACI'OR May Stop Work or Terminate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..41
ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 41
16.01 Methods and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 41
ARTICLE 17 - MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 42
17.01 Giving Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . 00700. 42
17.02 Computation of Times . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..42
17.03 Cumulative Remedies .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 42
17.04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 42
17.05 Controlling Law ................................................. 00700. 42
00700 - 5
GENERAL CONDmONS
.
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda-~ Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement-- The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment-- The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
fInal payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fIbers into the air above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid-- The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents-- The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements-- The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
8. Bonds--Performance and payment bonds and
other instruments of security .
9. Change Order--A document recommended by
ENGINEER which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion, or revision
in the Work or an adjustment in the Contract Price or the
00700 - 6
Contract Times, issued on or after the Effecti.ve Date of
the Agreement.
10. CZaim--A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respc; ct to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract-- The entire and integrat(~d written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supers,edes prior
negotiations, representations, or agreements, whc:ther
written or oral.
12. Contract Documents-- The Conr.ract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain t(, the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any poSl Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the N)tice
to Proceed, the Bonds, these General Cond.itions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifIcally identifIl~d in
the Agreement, together with all Written Amendm;:nts,
Change Orders, Work Change Directives, Fidd Onlers,
and ENGINEER's written interpretations and
clarifIcations issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical condition; are
not Contract Documents. Only printed or hard copi;:s of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, grapucs,
and the like that may be furnished by OWNE:~ to
CONTRACTOR are not Contract Documents.
13. Contract Price-- The moneys payable by OW'lER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated i:1 the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Times-The number of days or the :!ates
stated in the Agreement to: (i) achieve.. Subst<ntial
Completion; and (ii) complete the Work so that it is I eady
for fInal payment as evidenced by ENGINEER's written
recommendation of fmal payment.
15. CONTRACIOR--The individual or entity with
whom OWNER has entered into the Agreement.
16. Cost of the Work--See paragraph 11.01.A for
definition.
17 . Drawings-That part of the Contract Documents .
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defmed.
18. Effective Date of the Agreement--The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the. Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. ENGINEER--The individual or entity named as
such in the Agreement.
20. ENGINEER's Consultant-An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER's independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order--A written order issued by ENGI-
NEER which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
22. General Requirements-Sections of Division 1 of
the Specifications. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condition-- The
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
24. Hazardous Waste--The term Hazardous Waste
shall have the meaning provided in Section 1004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations; Laws or Regulations-Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens-Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
00700 - 7
27. Milestone--A principal event specified ~ the
Contract Documents relating to an intermediate comrle-
tion date or time prior to Substantial Completion of all the
Work.
28. Notice of Award--The written notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed therein, OWNER will sign ilnd
deliver the Agreement.
29. Notice to Proceed--A written notice given by
OWNER to CONTRACTOR fixing the date on which the
Contract Times will commence to run and on wh ich
CONTRACTOR shall start to perform the Work unler
the Contract Documents.
30. OWNER-The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial Utilization--Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs--Polychlorinated biphenyls.
33. Petroleum--Petroleum, including crude oil or my
fraction thereof which is liquid at standard conditiom. of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch.absolute), such as oil, petroleum,
fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil
mixed with other non-Hazardous Waste and crude oLs.
34. Project-- The total construction of which the
Work to be performed under the Contract Documt:nts
may be the whole, or a part as may be indictted
elsewhere in the Contract Documents.
35. Project Manual--The bound documenlary
information prepared for bidding and constructing the
Work. A listing of the contents of the Pr:oject Mamal,
which may be bound in one or more volumes, -is
contained in the table(s) of contents.
36. Radioactive Material--Source, special nuclear, or
byproduct material as defmed by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resident Project Representative-- The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings--All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Site--Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41. Specifications-That part of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor--An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion-- The time at which the
Work (or a specified part thereat) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified part thereot) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44, Supplementary Conditions-- That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier--A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
00700 - 8
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
.
47. Unit Price Work--Work to be paid for all the
basis of unit prices.
48. Work--The entire completed construction or the
various separately id~ntifiable parts thereof required ':0 be
provided under the Contract Documents. Work includes
and is the result of performing or providing aU labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorpor,lting
all materials and equipment into such construction, ell as
required by the Contract Documents.
49. Work Change Directive--A written statement to
CONTRACTOR issued on or after the Effective Date of
the Agreement and signed by OWNER and recommended
by ENGINEER ordering an addition, deletion, or revision
in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expec' that
the change ordered or documented by a Work Change
Directive will be incorporated in a subsequently i~sued
Change Order following negotiations by the parties as to
its effect, if any, on the Contract Price or Cor tract
Times.
50. Written Amendment--A written statenent
modifying the Contract Documents, signed by OW'J'ER
and CONTRACTOR on or after the Effective Date cf the
Agreement and normally dealing with the nonenginel~ring
or nontechnical rather than strictly construction-related
aspects of the Contract Documents.
1.02 Terminology
A. Intent of Cenain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonaJle, "
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination will be ~ olely
to evaluate, in general, the completed Work for
compliance with the requirements of and informati::m in
the Contract Documents and conformance with the design
concept of the completed Project as a functioning whole
as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The
use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibility contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
1. The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
1. The word "defective, " when modifying the word
"Work," refers to Work that is unsatisfactory, faulty, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
inspection, reference standard, test, or approval referred
to in the Contract Documents, or has been damaged prior
to ENGINEER's recommendation of fInal payment
(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or 14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in [mal position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment,
shall mean to furnish and install said services, materials,
or equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
words or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Contract Documents in accordance with such recognized
meaning.
ARTICLE 2 -PRELIMINARY MATTERS
2.01 Delivery of Bonds
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also del:ver
to OWNER such Bonds as CONTRACTOR may be requ:red
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies wit be
furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement 01, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at my
time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times comme nce
to run later than the sixtieth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starting Construction
A. - CONTRACTOR's Review of Contract Docume:zts:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent fIgures therein and all
applicable field measurements. CONTRACTOR s:lall
promptly report in writing to ENGINEER any conflict, en'or,
ambiguity, or discrepancy which CONTRACTOR nay
discover and shall obtain a written interpretation or
clarifIcation from ENGINEER before proceeding with my
Work affected thereby; however, CONTRACTOR shall not
be liable to OWNER or ENGINEER for failure to report any
conflict, error ,ambiguity, or discrepancy in the -Contract
Documents unless CONTRACTOR knew or reason<bly
should have known thereof.
B. Preliminary Schedules: Within ten days after the
Effective Date of the Agreement (unless otherwise speci:'ied
00700 - 9
in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
1. a preliminary progress schedule indicating the .
times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary schedule of Shop Drawing and
Sample submittals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, certificates of insurance
(and other evidence of insurance which either of them or any
additional insured may reasonably request) which
CONTRACTOR and OWNER respectively are required to
purchase and maintain in accordance with Article 5.
2.06 PreconstrUction Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals. processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones cmd
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR fom
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price: to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what
is called for by one is as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as bl:ing
required to produce the intended result will be provided
whether or not specifically called for at no additional co:;t to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, LAws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization. or
association, or to Laws or Regulations, whether :;uch
reference be specific or by implication. shall mea!. the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or OIL the
Effective Date of the Agreement if there were no B [ds),
00700 - 10
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard, specification, .
manual or code, or any instruction of a Suppljer shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Contract Documents and any provision of any Law or
Regulation applicable to the performance of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplier, CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6. 16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, ambiguity, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
applicable to the performance of the Work (unless
such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
3.04 Amending and Supplementing Contract Documf!1its
A. The Contract Documents may be amended to prmide
for additions, deletions, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's wri1en
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing an;' of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Consultant, inducting
electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without
written consent of OWNER and ENGINEER and spec.ific
written verification or adaption by ENGINEER. ~:b.is
prohibition will survive fmal payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contract Documents for rec.ord
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performin~: the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changc:s in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or ex':ent,
if any, of any adjustment in the Contract Price or Con :ract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
00700 - 11
B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current statement of record
legal title and legal description of the lands upon which the
Work is to be performed and OWNER's interest therein as
necessary for giving notice of or fIling a mechanic I s or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 SubsuTjace and Physical Conditions
A. Reports and Drawings:
Conditions identify:
The Supplementary
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance l7y CONTRACI'OR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, OpInIOns, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data fl or any such
other data, interpretations, opinions, or information.
4.03 Differing SubsuTjace or Physical Conditions _
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in .paragraph 4.02 is mater:.ally
inaccurate; or
2. is of such a nature as to require a change it. the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs mater:.ally
from conditions ordinarily encountered and generally
recognized as inherent in work of the character prov lded
for in the Contract Documents;
then CONTRACTOR shall, promptly after becoming aware
thereof and before further disturbing the subsurfacf: or
physical conditions or performing any Work in connee tion
therewith (except in an emergency as required by parag:'aph
6.16.A), notify OWNER and ENGINEER in writing aJout
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written nc>tice
as required by paragraph 4.03.A, ENGINEER will proII.ptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a c:opy
to CONTRACTOR) of ENGINEER's [mdings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Time::, or
both, will be equitably adjusted to the extent thaI the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, pe~for-
mance of the Work; subject, however, to the follo\\ing:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract Price
will be subject to the provisions ofpatagraphs 9.08
and 11.03.
00700 - 12
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER in respect of Contract
Price and Contra~t Times by the submission of a Bid
or becoming bound under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, exploration,
test, or smdy of the Site and contiguous areas
required by the Bidding Requirements or Contract
Documents to be conducted by or for CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
3. If OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract
Times, or both, a Claim may be made therefor as
provided in paragraph 10.05. However, OWNER,
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses, or
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown
or indicated in the Contract. Documents with respect' to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
ENGINEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking all such information
and data,
00700 - 13
b. locating all Underground Facilities shoVln or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER,
during construction, and .
d. the safety and protection of all such Under-
ground Facilities and repairing any damage th~reto
resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncoverd or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, CONTRACTOR
shall, promptly after becoming aware thereof and bc:fore
further disturbing conditions affected thereby or
performing any Work in connection therewith (except in
an emergency as required by paragraph 6.16.A), identify
the owner of such Underground Facility and give ,wIitten
notice to that owner and to OWNER and ENGINEER.
ENGINEER will promptly review the Undergr')und
Facility and determine the extent, if any, to which a
change is required in the Contract Documents to reflect
and document the consequences of the existenc ~ or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safe!) and
protection of such Underground Facility.
2. If ENGINEER concludes that a change ill the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to refleC": and
document such consequences. An equitable adjustnent
shall be mad~ in the Contract l7i,ce of Contract Times, or
both, to the extent that they are attributable tc the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indkated
with reasonable accuracy in the Contract Document.!, and
that CONTRACTOR did not know of and couk not
reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are wlable
to agree on entitlement to or on the amount or exte:lt, if
any, of any such adjustment in Contract Price or COLtract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points.
A. OWNER shall provide engineering surveys to
establish reference points for construction which in
ENGINEER's judgment are necessary to enable CON-
TRACTOR to proceed witl1 tl1e Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or'
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally. qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such
reports and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified in
the Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opmlOns and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition uncovered or revealed
at the Site which was not shown or indicated. in Drawings or
Specifications or identified in the Contract Documents to be
within the scope of the Work. C;:ONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall i.J:nJnedi-
ately: (i) secure or otherwise isolate such condition; (ii) ;top
all Work in connection with such condition and in any area
affected thereby (except in an emergency as requirec. by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writio.g).
OWNER shall promptly consult with ENGINEER concening
the necessity for OWNER to retain a qualified expel! to
evaluate such condition or take corrective action, if an~r.
E. CONTRACTOR shall not be required to reS'.lme
Work in connection with such condition or in any affe:ted
area until after OWNER has obtained any required pernits
related thereto and delivered to CONTRACTOR wi tten
notice: (i) specifying that such condition and any affe:ted
area is or has been rendered safe for the resumption of W:>rk;
or (ii) specifying any special conditions under which l;uch
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or or the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is ag::eed
to be resumed by CONTRACTOR, either party may malce a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such Work blSed
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order the portion of the Work thatis IT the
area affected by such condition to be deleted from the Wark.
If OWNER and CONTRACTOR cannot agree a:: to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either party may
make a Claim therefor as provided in paragraph Ie. 05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accordmce
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors of each and any of them from and again;t all
claims, costs, losses, and damages (incl:uding but not limited
to all fees and charges of engineers, architects, attorneys and
other professionals and all court or arbitration. or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that' such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identifil~d in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. No:hing
00700 - 14
in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entity's own negligence.
H. To the fullest extent. permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold.
harmless OWNER, ENGINEER, ENGINEER's Consultants,
and the officers, directors, partners, employees, agents, other
consultants, and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom CONTRACTOR is
responsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
and against the consequences of that individual's or entity's
own negligence.
I. The provisions of paragraphs 4.02. 4.03, and 4.04
are not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, aru1 Other Bonds
A. CONTRACTOR shall furnish performance and
payment Bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and
payment of all CONTRACTOR's obligations under the
Contract Documents. These Bonds shall remain in effect at
least until one year after the date when [mal payment
becomes due, except as provided otherwise by Laws or
Regulations or by the Contract Documents. CONTRACTOR
shall also furnish such other Bonds as are required by the
Contract Documents.
B. All Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
or Regulations, and shall be executed by such sureties as are
named in the current list of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular
570 (amended) by the Financial Management Service, Surety
Bond Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
of such agent's authority to act.
C. If the surety on any Bond furnished by CON-
TRACTOR is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requirements
of paragraph 5.01.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of \'I'hich
shall comply with the requirements of paragraphs 5.0l.E. and
5.02. - -
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Cor.tract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insUI ance
companies that are duly licensed or authorized iIJ the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro"ided
in the Supplementary Conditions.
5.03 Cenificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the SU:Jple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is requin:d to
purchase and maintain. OWNER shall delive:: to
CONTRACTOR, with copies to each additional iru ured
identified in the Supplementary Conditions, certificatl~s of
insurance (and other evidence of insurance requeste1 by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintain.
5.04 CONTRACTOR's Liability Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work -
being performed and as will provide protection from cl aims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations -under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose act; any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily it jury ,
occupational sickness or disease, or deatl: of
CONTRACTOR's employees;
3. claims for damages because of bodily irjury,
sickness or disease, or death of any person other than
CONTRACTOR's employees;
00700 - 15
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (i) by any person as a result of an offense directly
or indirectly related to the employment of such person by-
CONTRACTOR, or (ii) by any other person for any
other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.6 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contracmalliability insurance covering
CONTRACTOR's indemnity obligations under para~
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least thirty days prior
written notice has been given to OWNER and
CONTRACTOR and to each other additional insured
identified in the Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective W orl: in
accordance with paragraph 13.07; and --
7. with respect to completed operations insurance,
and any insurance coverage written on a claims-trade
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, to whom a certificate of insurmce
has been issued, evidence satisfactory to OWNER and
any such additional insured of continuation of wch
insurance at fmal payment and one year thereafter).
5.05 OWNER's Liability Jnsurance
A. In addition to the insurance required to be prov: ded
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will pretect
OWNER against claims which may arise from operatlons
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts-
as may be provided in the Supplementary Condition; or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRI\C-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities idl~nti-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and ether
consultants and subcontractors of each and any of u.em,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shdl at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and material! and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lighuting,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and archite::ts);
00700 - 16
4. cover materials and equipment stored at the Site
or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,.
provided that such materials and equipment have been
included in an Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until fInal payment is
made unless otherwise agreed to in writing by OWNER,
CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifI-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identifIed in the Supplementary Conditions. each of
.whom is deemed to have an. insurable interest and shall be
isted as an insured or additional insured.
C. All the policies of insurance (and the certifIcates or
other evidence thereof) required to be purchased and
maintained in accordance with paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
and CONTRACTOR and to each other additional insured to
whom a certifIcate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
maintaining any property insurance specifIed in this
paragraph 5.06 to protect the interests of CONTRACTOR,
Subcontractors, or others in the Work to the extent of any
deductible amounts that are identifIed in the Supplementary
Conditions. The risk of loss within such identifIed deductible
amount will be borne by CONTRACTOR, Subcontractors,
or others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
amounts, each may purchase and maintain it at the
purchaser's own expense.
E. If CONTRACTOR requests in writing that other
pecial insUrance be included in the property insurance
policies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work
00700 - 17
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will pro1:ect
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals or
entities identifIed in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers;
directors, partners, employees, agents, and other consultmts
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. All
such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will
have no rights of recovery against any of the insureds or
additional insureds thereunder. OWNER and CONTRAC-
TOR waive all rights against each other and their respective
offIcers, directors, partners, employees, agents, and ober
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss covered by SllCh
policies and any other property insurance applicable to the
Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants, and
all other individuals or entities identifIed in the Supplem ~n-
tary Conditions to be listed as insureds or additional insurl~ds
(and the officers, directors, partners, employees, agents, and
other consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, lmd
the officers, directors, partners, employees, agents, and otIer
consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWNER's property or the Work
caused by, arising out of, or resulting from fIre or ot;ler
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or Fart
thereof caused by, arising out of, or resulting from fIre or
other insured peril or cause. of loss covered by mlY
property insurance maintained on the completed Proj ect
or part thereof by OWNER during partial utilizat .on
pursuant to paragraph 14.05; after Substantial Completion
pursuant to paragraph 14.04, or after final paym,ent
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.B shall contain provisions to the effect that in
the event of payment of any such loss, damage, or
consequential loss, the insurers will have no rights of
recovery against CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
OWNER shall deposit in a separate account any money so
received and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached, the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof,
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
B. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the loss with the insurers
and, if required in writing by any party in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either OWNER or CONTRACTOR has any
objection to the coverage afforded by or other provisions of
the Bop.ds or insurance required to be purchased and
maintained by the other pa,ny in accordance with Article 5 on
the basis of non-conformance with the Contract Documents,
the objecting party shall so notify the other party in writing
within 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. OWNER
and CONTRACTOR shall each provide to the other such
additional information in respect of insurance provided as the
other may reasonably request. If either party does not
purchase or maintain all of the Bonds and insurance required
of such party by the Contract Documents, such party shall
notify the other party in writing of such failure to purcm.se
prior to the start of the Work, or of such failure to mainuUn
prior to any change in the required coverage. With(lut
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the instID~rs
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected my
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endone-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of 2ny
such partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. CONTRACTOR shall supervise, inspect, and direct
the Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the
Contract Documents. CONTRACTOR shall be solely
responsible for the means, methods, techniques, sequences,
and procedures of construction, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expre~;sly
required by the Contract Documents. CONTRACTOR shall
be responsible to see that the completed Work complies
accurately with the Contract Documents.
B. At all times during the progress of the We.rk,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without wri:ten
notice to OWNER and ENGINEER except urder
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall bave
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
00700 - 18
6.02 Labor,' Working Hours
A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, layout, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
Saturday, Sunday, or any legal holiday without OWNER's
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
appliances, fuel, power, light, heat, telephone, water,
sanitary facilities, temporary facilities, and all other facilities
and incidentals necessary for^ the performance. testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees
specifically called for by the Specifications shall expressly
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
equipment shall be stored, applied, installed, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
6.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
00700 - 19
any provisions of the General Requirements applic,lble
thereto.
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirement:: of
Article 12. Such adjustments may only be made hy a
Change Order or Written Amendment in accordance "vith
Article 12.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equipment is
specified or described in the Contract Documents by u;ing
the name of ~ proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality requi~ed.
Unless the specification or description contains or is follo',ved
by words reading that no like, equivalent, or "or-equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the CirC'lID-
stances described below.
1. "Or-Equal" Items: If in ENGINEER's >ole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by ENGINEER a; an
"or-equal" item, in which case review and approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or a: I of
the requirements for approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.l, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and de;ign
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the de ,ign
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform sUQstantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qualify as an "or-equal" item under
paragraph 6.05.A.l, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for
review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR.
c. The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall fIrst make written
application to ENGINEER for review of a proposed
substitute item of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall certify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specifIed, and be suited
to the same use as that specifIed. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the
provisions of any other direct contract with OWNER
for work on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specifIed will be
identifIed in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign. and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specifIc means, method,. technique, sequence, or procedure
of construction is shoWn or indicated in and expressly
00700 - 20
required by the Contract Documents, CONTRACTOR- !:lay
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to 'hat
expressly called for by the Contract Documents. The prece-
dure for review.by ENGINEER will be similar to 'fult
provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B.
ENGINEER will be the sole judge of acceptability. No
"or-equal" or substitute will be ordered, installed or utilized
until ENGINEER's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER 'lVill
advise CONTRACTOR in writing of any nega':ive
determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense a spe:ial
performance guarantee or other surety with respect to any
substitute.
E. ENGINEER's Cost Reimbursement: ENGINEER will
record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submittec by
CONTRACTOR pursuantto paragraphs 6.05.A.2 and 6.05.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR sb.all
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such prope/sed
substitute.
F. CONTRACI'OR's Expense: CONTRACTOR slIall
provide all data in support of any proposed substitutf or
"or-equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph_6.06,B),
whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall net be
required to employ any Subcontractor, Supplier, or 0 ther
individual or entity to furnish or perfonn any of the Work .
against whom CONTRACTOR has reasonable objectioIi.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
or objection in the Bidding Documents or the Contract
Documents) of any such ~ubcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis
of reasonable objection after due investigation. CON-
TRACTOR shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Written
Amendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a
waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
performing or. furnishing any of the Work just as
CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
Supplier or other individual or entity, nor shall it create any
obligation on the part of OWNER or ENGINEER to payor
to see to the payment of any moneys due any such Subcon-
tractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
Suppliers, and such other individuals or entities performing
or furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
or Suppliers or delineating the Work to be performed by any
specific trade.
G. All Work performed for CONTRACTOR by a
Subcontractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor
00700 - 21
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents . for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an addi:ional
insured on the 'property insurance provided in para.~raph
5.06, the agreement between the CONTRACTOR aIld the
Subcontractor or Supplier will contain provisions wh~reby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insure, is or
additional insureds (and the officers, directors, panners,
employees, agents, and other consultants and subcontr~.ctors
of each and any of them) for all losses and damages caused
by, arising out of, relating to, or resulting from any (If the
perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use ill the
performance of the Work or the incorporation in the Werk of
any invention, design, process, product, or device which is
the subject of patent rights or copyrights held by others. If
a particular invention, design, process, product, or dev:.ce is
specified in the Contract Documents for use in the
performance of the Work and if to the actual knowled.~e of
OWNER or ENGINEER its use is subject to patent rigl:ts or
copyrights calling for the payment of any license ft:e or
royalty to others, the existence of such rights shal be
disclosed by OWNER in the Contract Documents. T) the
fullest extent permitted by Laws and Regulations,
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, anj the
officers, directors, partners, employees or agents, and I)ther
consultants of each and any of them from and again;t all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or I)ther
dispute resolution costs) arising out of or relating te any
infringement of patent rights or copyrights incident to th,~ use
in the performance of the Work or. resulting frolI the
incorporation in the Work of any invention, design, pro;ess,
product, or device not specified in the Contract Documents.
6.08 Penmts
A. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay fer all
construction permits and licenses. OWNER shall llSSist
CONTRACTOR, when neCessary, in obtaining such permits
and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening of Bids,
or, if there are no Bids, on the Effective Date of the
Agreement. CONTRACTOR shall 'pay all charges of utility
owners for "onnections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
.". . A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly requIred by
applicable Laws and Regulations, l1either OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. If CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other -dispute
resolution costs) arising out of or relating to such Work;
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confme construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipmen:.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner (lr
occupant thereof, or of any adjacent land or are,tS
resulting from the performance of the Work.
2. Should any claim be made by any such owner or
occupant because of the performance of the Work,
CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim 1:y
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws ard
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, partner.; ,
employees, agents, and other consultants of each and ary
of them from and against all claims, costs, losses, ar.d
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to any claim or action,
legal or equitable, brought by any such owner or OCCUpa:lt
against OWNER, ENGINEER, or any other pary
indemnified hereunder to the extent caused by or bast:d
upon CONTRACTOR's performance of the Work.
B. Removal of Debris During Performance of the Wor.t:
During the progress of the Work CONTRACTOR shall kec:p
the Site and other areas free from accumulations of waste
materials, rubbish, a:nd other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall CQ:1-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials a:nd shall restore to original condition all
property not designated for alteration by the Contn:.ct
Documents.
D. Loading Structures: CONTRACTORshall not load
nor permit any pa:rt of any structure to be loaded in alY
m~er that will endanger the structure, nor shill
CONTRACTOR subject a:ny part of the Work or adjace:nt
property to stresses or pressures that will enda:nger it.
6.12 Record Documents
A. C,ONTRACTOR shall maintain in a sa:fe place at the
Site one record copy of all Drawings, SpecificatioJls,
Addenda, Written Amendments, Change Orders, Wcrk
00700 - 22
Change Directives, Field Orders, and written interpretations
and clarifications in good order and annotated to show
changes made during construction. These record documents
together with all approved Samples and a counterpart of all
approved Shop Drawings will be available to ENGlNEER for
reference. ,Upon completion of the Work, these record
documents, Samples, and Shop Drawings will be delivered to
ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
incorpora.ted therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
replacement of their property. All damage, injury, or loss to
any property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGlNEER's Con-
sultant, or anyone employed by any of them, or anyone for
whose acts any of them may be liable, and not attributable,
directly or indirectly, in whole or in part, to the fault or
negligence of CONTRACTOR or any Subcontractor,
Supplier, or other individual or entity directly or indirectly
employed by any of them). CONTRACTOR's duties and
responsibilities for safety and for protection of the Work shall
continue until such time as all the Work is completec and
ENGINEER has issued a notice to OWNER' and
CONTRACTOR in accordance with paragraph 14.07.E that
the Work is acceptable (except as otherwise, expr:ssly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose dutie:; and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 Hazard Communication Programs
A. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other h"zard
communication information required to be made available to
or exchanged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work or property at the Site or adjacent
thereto, CONTRACTOR is obligated to act to pre:vent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Worl~ or
variations from the Contract Documents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTCR in
response to such an emergency, a Work Change Directi"e or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sanple
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified ill the
General Requirements. The data shown on the 3hop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, mate:ials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the linited
purposes required by paragraph 6.17 .E.
B. CONTRACTOR shall also submit Sample, to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sanple
00700 - 23
submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal .
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as requited by
paragraph 2.07, any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submittal Procedures
1. Before submitting each Shop Drawing or Sample,.
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to inte:nded use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
00700 - 24
Drawing and Sample submitted to ENGINEER for re'lew
and approval of each such variation. -
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine. if the items covered by
the submittals will, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning w:lole
as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedurl~ of
constrUction is specifically and expressly called for b} the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require-
ments of the Contract Documents unless CONTRAC~~OR
has in writing called ENGINEER's attention to each :;uch
variation at the time of each submittal as required by
paragraph 6.17.D.3 and ENGINEER has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval
by ENGINEER relieve CONTRACTOR Jrom
responsibility for complying with the requirements of
paragraph 6.17.D.1.
F. Resubmittal Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific. attention in writirg to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and adhere
to the progress schedule duririg all disputes or disagreements
with OWNER. No. Work shall be delayed or postp:)lled
pending resolution of any disputes or disagreements, eJ:cept
as permitted by paragraph 15.04 or as OWNER and
CONTRACTOR may otherwise agree in writing.
6.19 CONrRACTOR's General Warranty and Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER~ ENGINEER, and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or any other individual or entity
for whom CONTRACTOR is responsible; or
2. nomal wear and tear under normal usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not in ,accordance
with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Contract Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them from
and against all claims, costs, losses, and damages (incbding
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all COllrt or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided thc.t any
such claim, cost, loss, or damage:
1. is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of
use resulting therefrom; and
2. is caused in whole or in part by any negligent act
or omission of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Wcrk or
anyone for whose acts any of them may be Lable,
regardless of whether or not caused in part b) any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed UPOIl such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In any and all claims against OWNER or ENGll'JEER
or any of their respective consultants, agents. off.cers,
directors, partners, or employees by any employee ((II' the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whosl~ acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A shall not be limited in any W'lY by
any limitation on the amount or type of damages,
compensation, or benefits payable by or for CONTRACTOR
or any such Subcontractor, Supplier, or other individual or
entity under workers' . compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the faillue towprepare or approve, maps, Drawings, opinions, re')Qrts,
sun-eys, Change Orders, designs, or Specificatioru;; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
00700 - 25
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A., OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are unable to
agree on entitlement to or on the amount or extent,' if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such othc~r work, a
Claim may be made therefor as provided in paragraph
10.05.
B. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility owner
(and OWNER, if OWNER is performing the other work with
OWNER's employees) proper and safe access to the Site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work and shall properly coordinate the Work with theirs.
Unless otherwise provided in the Contract Docume~ts, CON-
TRACTOR shall do all cutting, fitting, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent' of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to' ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as tit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
00700 - 26
7.02 Coordination
A. If OWNER intends to contract with others fo~ the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Condition;:
1. the' individual or entity who will have authority
and responsibility for coordination of the activities aI10ng
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSffiILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to v.hom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the fo mler
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragr aphs
14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lanm and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and m,king
available to CONTRACTOR copies of reports of explorations
and. tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilize.d
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
chasing and maintaining liability and property insurance are
set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
tions, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervis~, direct, or have
control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the Work. OWNER will not be
responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
arrangements have been made to satisfy OWNER's
. obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative juring
the construction period. The duties and responsibilitbs and
the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without ",ritten
consent of OWNER and ENGINEER.
9.02 Visits to Site
A. ENGINEER will make visits to the Site at intervals
appropriate to the various stages of conStruction as
ENGINEER deems necessary in order to observe as an
experienced and qualified design professional the prl)gress
that has been made and the quality of the various aspl:Cts of
CONTRACTOR's executed. Work. Based on infonnation
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the CClntract
Documents. ENGINEER will not be required to make
exhaustive or continuous inspections on the Site to check the
qUality or quantity of the Work. ENGINEER's effor:s will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work ~d will endeavor to
guard OWNER against dt.;fective Work.
B. ENGINEER's visits and observations are su~iect to
all the limitations on ENGINEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without limitation, during or as a result of ENGIN:~ER' s
visits or observations of CONTRACTOR's Work
ENGINEER - will not supervise, direct, control, OJ have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Resident Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. The responsibilities and authority and limi:ations
thereon of any such Resident Project Representatiye and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
00700 - 27
representative or agent to represent OWNER at tht: Site who
is not ENGINEER's Consultant, agent or employee, the
responsibilities and authority and limitations thereon of such .
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Claim
.may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
that ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated by tht: Contract
Documents. ENGINEER will also have authority to require
special inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
prawings and Samples, see paragraph 6.17.
00700 - 28
B. In connection with ENGINEER's authority 2S to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEE:R's authority as to
Applications for Payment, see Article 14.
9.08 Detenninationsfor Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinatiors on
such matters before rendering a written decision thereor. (by
recommendation .' of an Application for Payment. or
otherwise). ENGINEER's written decision thereon will be
fmal and binding (except as modified by ENGINEE:~ to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Docu,,:ents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge or the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract DocUII.ents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordmce
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liabl:: in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respe::t to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of fmal
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in rel:pect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority arui Res."on-
sibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such auth'Jrity
or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER shall create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
l4.07.A will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests, and approvals that the results
certified indicate compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set
forth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistants.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions, or revisions in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
involved which will be performed under the applicable
conditions of the Contract DocumentS (except as otherwise
specifically provided).
B. If OWNER and CONTRACTOR are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or both,
that should be allowed as a result of a Work Change
00700 - 29
Directive, a Claim may be made therefor as provided in
paragraph 10.05. .
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an ir.crease
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not requir~d by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 OJ" in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Contract Price or Contract Times
which are. agreed to by the parties, inc1udir.g any
undisputed sum or amount of time for Work a:tually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract Times
which embody the substance of any written d~cision
rendered by ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such d ~cision
in accordance with the provisions of the C Jntract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall c:lITY on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the genera. scope
of the Work or the provisions of the Contract Docilllents
(including, but not limited to, Contract Price or C:mtract
Times) is required by the provisions of any Bond to-be: given
to a surety, the giving' of any such notice will be
CONTRACTOR's responsibility. The amount 0:: each
applicable Bond will be adjusted to reflect the effect of any
such change.
10.05 Claims anti IJisputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other party to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and.the other party to
the Contract within 60 days after the start of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
party shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision jn writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing party, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision in
writing within the time stated in paragraph lO.05.B, a
decision denying the Claim in its entirety shall be deemed to
have been issued 31 days after receipt of the last submittal of
the claimant or the last, submittal of the opposing party, if
any.
00700 - 30
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not sub:nitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work :neans
the sum of all costs necessarily incurred and paid by :ON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determir:ed on
the basis of Cost of the Work, the costs to be reimbur-sed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or bf:cause
of the event giving rise to the Claim. Except as othf:rwise
may be agreed to in writing by OWNER, such costs st.all be
in amounts no higher than those prevailing in the loca .ity of
the Project, shall include only the following items, and shall
not include any of the costs itemized in paragraph 11. )1.B.
1. Payroll costs for employees in the direct e'nploy
of CONTRACTOR in the performance of the Work
under schedules of job classifications agreed upon by
OWNER and CONTRACTOR. Such employee!, shall
include without limitation superintendents, foremen, and
other personnel employed full time at the Site. Payroll
costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spl~nt on
the Work. Payroll costs shall include, but not be I mited
to, salaries and wages plus the cost of fringe be:lefits,
which shall include social security contributions, lmem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation arid holiday pay applicable thereto.
The expenses of performing Work outside of rl~gular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authoffi:ed by
OWNER.
2. Cost of all materials and equipment fumished
and incorporated in the Work, including CO;its of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. AI: cash
discounts shall accrue to CONTRACTOR .mless
OWNER deposits funds with CONTRACTOR with
which to make payments, in which case the cash
discounts shall accrue to OWNER. All trade disc)UDts,
rebates and refunds and returns from sale of Slrplus
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that the)' may
be obtained.
3. Payments made by CONTRACTOR to
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to
OWNER and CONTRACTORimd shall deliver such
bids to OWNER, who will then. determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided
in. this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories,
- surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilie'
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain th(~ property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the. costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereofis
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON.-
TRACTOR is liable, imposed by Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor, or
anyone directly or indirectly employed by any of
- them or for whose acts any of them may be liable,
00700 - 31
and royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenSes)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and illmages
within the deductible amounts of property insurance
established in accordance with paragraph 5.J6.D),
provided such losses and damages have r[~sulted
from causes other than the negligen::e of
CONTRACTOR, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be inclLded in
the Cost of the Work for the purpose of deter.:nining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage,. and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the change:: in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is requlI"ed by
the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Worle shall
not include any of the following it~ms:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting :lgents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Sile or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically iI:cluded
in the agreed upon schedule of job classifi:ations
referred to in paragraph 11.01.A.l or specifically
covered by paragraph lI.Ol.A.4, all of which are to be
considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR~s capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limitl~d to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property.
5. Other overhead or general expense (:osts of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
. C. CONTRACTOR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documentation: Whenever the Cost ofthe Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will e~tablish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, aild all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow-
ances have been included in the Contract Price ~ld not
in the allowances, and no demand for additional pa:yment
on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to J eflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initial:y the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each
separately identified item of Unit Price Work timt:s the
estimated quantity of each item as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. Each unit price will be deemed to include an anount
considered by CONTRACTOR to be adequate to cover
CONTRACTOR's overhead and profit for each separately
identified item.
C. OWNER or, CONTRACTOR may make a Clam for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Ccntract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a de,;rease
in Contract Price and the parties are unable to agree as
to the amount of any such increase or decrease.
00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any Claim for
an adjustment in the Contract Price shall be based on written
notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract in accor-
dance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
be determined as follows:
1. where the Work involved is coven~d by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of paragraph 11.03);
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agree-
ment to a lump sum is not reached under paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in paragraph lUll) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee
for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, t.hen a fee
based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under paragraphs
l1.01.A.l and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be five
percent;
c. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no
12.02
fixed fee is agreed upon, the intent of paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs l1.01.A.I and
11.01.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee 01' five
percent of the amount paid to the next lowe:: tier
Subcop.tractor;
d. no fee shall.be payable on the basis of costs
itemized under paragraphs I1.01.A.4, 11.01.A.5,
and 11.01.B;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change VI'hich
results in a net decrease in cost will be the an .ount
of the actual net decrease in cost plus a deductil)n in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits arc: in-
volved in anyone change, the adjustmeu in
CbNTRACTOR's fee shall be computed OIL the
basis of the net change in accordance with para-
graphs I2.01.C.2.a through 12.01.C.2.e, inclu-
sive.
Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amendment.
Any Claim for an adjustment in the Contract Time:: (or
Milestones) shall be based on written notice submitted b:r the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any ClaiIl for
an adjustment in the Contract Times (or Milestones) will be
determined in. accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented .:rom
. completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, the Contract Times (or Milestones) will be
extended in an amount equal to the time lost due to such
delay if a Claim is made therefor as provided in paragraph
12.02.A. Delays beyond the control of CONTRACTOR
shall include, but not be limited to, acts or neglect by
OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by
00700 - 33
Article 7, fires, floods, epidemics, abnormal weather
conditions, or acts of God.
12.04 Delays Within CONTRACIOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
.delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
. A. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damage~
A. In no event sha11 OWNER. or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or any
other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of
or resulting from:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fues,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR. ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR. All defective Work may be rej~(:ted,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultmts,
other representatives and personnel of OWNER, indeperdent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as'applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspeC1 ions ,
tests, or approvals required by the Contract Documents
except:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tei;ts or
inspections conducted pursuant to paragraph 13.04.B
shall be paid as provided in said paragraph 13.04.E; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body baving
jurisdiction require any Work (or part thereof) specificdly to
be inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtainin~; such
inspections, tests, or approvals, pay all costs in conn~ction
therewith, and furnish ENGINEER the required certiHcates
of inspection or approval.
D. CONTRACTOR shall be responsible for arr,lfiging
and obtaining and shall pay all costs in connection wi:h any
inspections, tests, or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work; or acceptance of material:;, mix
designs, or equipment submitted for approval prior to.
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNE:~ and
ENGINEER.
00700 - 34
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable promptness in response
to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
for observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question, furnishing all
necessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
Claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
but not limited to all costs of repair or replacement of work
of others); and OWNER shall be entitled to an appropriate
decrease in the COI?-tract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make a Claim
therefor as provided in paragraph 10.05. If, however, such
Work is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
the Contract Times (or Milestones), or both, direclly attribut-
able to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
unable to agree as to the amount or extent thereof,
CONTRACTOR may make a Claim therefor as provided in
paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable ma.terials or
equipment, or fails to perform the Work in such a way that
the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the
Work, or any portion thereof, until the cause for stich order
has been eliminated; however, this right of OWNER to stop
the Work shall not give rise to any duty on the p2rt of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or 1gent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Vlork,
whether or not fabricated, 4tstalled, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Project and replace it with Work that is not defec:tive.
CONTRACTOR shall pay all Claims, costs, losses: and
damages (including but not limited to all fees and charges of
engineers', architects, attorneys, and other professional; and
all court or arbitration or other dispute resolution c.osts)
arising out of or relating to. such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as maybe
prescribed by Laws or Regulations or by the terms 0: any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made availab; e for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's w:itten
instructions: (1) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective W orle has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily correct or repair or remove and replace any damage to
other Work, to the work of others or other land or rreas
resulting therefrom. If CONTRACTOR does not promptly
comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of less or
damage, OWNER may have the defective Work correct~d or
repaired or may have the rejected Work removed and
replaced, and all Claims, costs, losses, and danlages
(including but not limited to all fees and charge:s of
engineers, architects, attorneys, and other professional, and
all court or arbitration or other dispute resolution (:osts)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited 1.0 all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular ite:m of
equipment is placed in continuous service before Substmtial
Completion of all the Work, the correction period for that
00700 - 35
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisiqns of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and., prior to
ENGINEER's recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all coun or arbitration or other dispute resolution costs)
attributable to OWNER's evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such
acceptance occurs prior to ENGINEER's recommendation of
fmal payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accord3nce with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this
paragraph, OWNER shall proceed expeditiously. In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or paJ1 of
the Site, take possession of all or part of the Work and
suspend CONTRACTOR's services related thereto; take
possession of CONTRACTOR's tools, appliances, ';on-
.struction equipment and machinery at the Site, and incorpo-
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall a.low
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to 'the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and, damages (inclu:ling
but not limited to all fees and charges of enginf:ers,
architects, attorneys, and other professionaIsand all cou~ or
arbitration or other dispute resolution costs) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against C::>N-
TRACTOR, and a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work; and OWNER shall be entitled tl) an
appropriate decrease in the Contract Price. If the partiel; are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph IC .05.
Such claims, costs, losses and damages will include bu: not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any c.elay
in the performance of the Work attributable to the exercil;e by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provid,~d in
paragraph 2.07.A will serve as the basis for pro.51'ess
payments and will be incorporated into a form of Applic ation
for Payment acceptable to ENGINEER. Progress paynents
on account of Unit Price Work will be based on the nunber
of units completed.
00700 - 36
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established for
.each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER
for review an Application for Payment fIlled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice, or other docu-
mentation warranting that OWNER has received the
materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered
by appropriate property insurance or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications.
for Payment.
3. The amount of retainage with respect to pro-
gress payments will be as stipulated in the Agreement.
B. Review of Applications
1. ENGINEER will, within 10 days after receipt of
each Application for Payment, either indicate in writing
a recommendation of payment and present the
Application to OWNER or return the Application to
CONTRACTOR indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may' make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, information and
belief:
00700 - 37
a. the Work has progressed to the point
indicated;
b. the quality of the Work is generally in
accordance with the Contract Documents (sub}~ct to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, 1) the
results of any subsequent tests called for ill the
Contract Documents, to a fmal determinati'ln of
quantities and classifications for Unit Price . Work
under paragraph 9.08, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to
CONTRACTOR's being entitled to such pa}ment
appear to have been fulfilled in so far as it is
ENGINEER's responsibility to observe the Work.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality cr the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
. beyond the responsibilities specifically assigm:d to
ENGINEER in the Contract Documents; or (i( that
there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid
additionally by OWNERor entitle OWNER to wit:IDold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will inpose
responsibility on ENGINEER to supervise, direet, or
control the Work or for the means, methods, techn:ques,
sequences, or procedures of constrUction, or the !;afety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on acco lIlt of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passl~d to
OWNER free and clear of any Liens.
5. ENGINEER may refuse to recommenj the
whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the repre ;enta-
tions to OWNER referred to in paragraph 14.0:.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; Or
d. ENGINEER has actual knowledge of the
occurrence of any of the events enumerated in para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation,the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. Liens have been fIled in connection with the
Work, except where CONTRACTOR has delivered
a specific Bond satisfactory to OWNER to secure
the satisfaction and discharge of such Liens;
c. there are other items entitling OWNER to
a set-off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02.A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
00700 - 38
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agree:d to
by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfaction the reason:i for
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.1.
14.03 CONTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than the tim;: of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall n,)tify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Proillptly
thereafter, OWNER, CONTRACTOR, and .ENGIN~ER
shall make an inspection of the Work to determine the s':atus
of completion. If ENGINEER does not consider the Work
substantially complete, ENGINEER will QoJtify
CO~TRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentltive
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have s;:ven
days after receipt of the tentative certificate during whic:h to
make written objection to ENGINEER as to any providons
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a defInitive certificate of Substmtial
Completion (with a revised tentative list of items tJ be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Conple-
tion ENGINEER will deliver to OWNER and CONTFAC-
TOR a written recommendation as to division of respomibili-
ties pending final payment betWeen OWNER and,
CONTRACTOR with respect to security, operation, safety,
, and protection of the Work, maintenance, heat, utilities,
insurance, and warranties and guarantees. Unless OWNER
and CONTRACTOR agree other::wise in writing and so
inform ENGINEER in writing prior to ENGINEER's issuing
the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to complete or correct itl~ms on the
tentative list.
14.05 Partial Utilization
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
specifically been identified in the Contract Documents, or
which OWNER, ENGINEER, and CONTRACTOR agree
constitutes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
without significant interference with CONTRACTOR's
performance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
subject to the following conditions.
1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is
substantially complete, CONTRACTOR w:ilI certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
, CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Wi~ a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
p'art of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility
in respect thereof and access thereto.
00700 - 39
2. No occupancy or separate operation qf part of
the Work may' occur prior to compliance with the
requirements of paragraph 5.10 regarding pl"Operty
insurance.
14.06 l'inallnspection
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a fmal inspectio J with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all particulars in which this
inspection reveals that the Work is incomplete or def~ctive.
CONTRACTOR shall immediately take such measure5 as are
necessary to complete such Work or remedy such
deficiencies.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of .
ENGINEER, satisfactorily completed all corrections
identified during the fmal inspection and has delivered,
in accordance with the Contract Documents, all ma'in-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of inS"lrance
certificates of inspection, marked-up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for fmal
payment following the procedure for progress pay:nents.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) all
documentation called for in the Contract Documents,
including but not limited to the evidence of inSllrance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to fmal payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
OWNER) of all Lien rights arising out of or Liens filed
in connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in paragraph l4.07.A.2 and as approyed by
OWNER, CONTRACTOR may furnish recebts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor, selvices,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any \Fay be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in full, CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and fmal inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
. by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Docwnents have
been fulfilled, ENGINEER will, within ten days after
receipt of the fInal Application for Payment, indicate in
writing ENGINEER's recommendation of payment and
present the Application for Payment to OWNER for pay-
ment. At the same time ENGINEER will also give
written notice to OWNER and CONTRACTOR that the
Work is acceptable subject to the provisions of
paragraph 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON~
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, fmal
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's fmal Application for Payment and
recommendation of ENGINEER, and without tenninating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNERfor Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application for such
payment. Such payment shall be made under the terms and
conditions governing fmal payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of fmal payment will
constitute:
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work. appearing after fInal
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms (If any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously m::.de in
writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR and ENGINEER which will fix the date on which
Work will be resumed. CONTRACTOR shall resunle the
Work on the date so fixed. CONTRACTOR shall be al.owed
an adjustment in the Contract Price or an extension ,)f the
Contract Times, or both. directly attributable to any such
suspension if CONTRACTOR makes a Claim there:'or as
provided in paragraph 10.05.
15.02 OWNER May Terminatefor Cause
A. The occurrence of anyone or more of the folbwing
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, but not limited to, failure to supply suf:i.cient
skilled workers or suitable materials or equipffit~nt or
failure to adhere to the progress schedule established
under paragraph 2.07 as adjusted from time tc. time
pursuant to paragraph 6.04);
2. CONTRACTOR's disr<?gard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER; or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Document:;.
B. If one or more of the events identified in parHgraph
15.02.A occur, OWNER may, after giving CONTRACTOR
(and the surety, if any) seven days written notice, ten~ate
00700 - 40
me services of CONTRACTOR, exclude CONTRACTOR
from the Site, and take possession of the Work and of all
CONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
they could be used by CONTRACTOR (without liability to
CONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere,and finish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
entitled to receive any further payment until the Work is
finished. If the unpaid balance of the Contract Price exceeds
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration
or other dispute resolution costs) sustained by OWNER
. arising out of or relating to completing the Work, such excess
will be paid to CONTRACTOR. If such claims, costs,
losses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses, and damages incurred by OWNER will
be reviewed by ENGINEER as to their reasonableness and,
when so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
C. Where CONTRACTOR's services have been so
terminated by OWNER, the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.03 OWNER May Terminate For Convenience
A. Upon seven days written notice to CONTRACTOR
and ENGINEER, OWNER may, without Cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
be paid (without duplication of any items):
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. for expenSes sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the
Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professi,)nals
and all court or arbitration or other dispute resollltion
costs) . incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4. for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid on account 0:: loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive da)s by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Paynent
within 30 days after it is submitted, or OWNER fails for 30
days to pay CONTRACTOR any sum fInally determined to
be due, then CONTRACTOR may, upon seven days WIitten
notice to OWNER and ENGINEER, and provided OW\TER
or ENGINEER do not remedy such suspension or failure
within that time, terminate the Contract and recover .:rom
OWNER payment on the same terms as provide j in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
. NEER has failed to act on an Application for Payment v. ithin
30 days after it is submitted, or OWNER has failed felr 30
days to pay CONTRACTOR any sum fmally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until pay:nent
is made of all s1,1ch amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary ~onditions. [f no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedil:s as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
00700 - 41
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies. available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement.
17.05 Controlling Law
A. This Contract is to be governed by the law of the
state in which the Project is located.
00700 - 42
18966.01.00
SUPPLEMENTARY CONDITIONS
SECTION 00800 - Page 1
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as
indicated below. All provisions which are not so amended or supplemented remain in full force and effect.
Terms used in these Supplementary Conditions will have meanings assigned to them in the
General Conditions. Additional terms used in these Supplementary Conditions have the meanings
indicated below, which are applicable to both the singular and plural thereof.
SC-1.01 DEFINITIONS
Add a new paragraph immediately after paragraph 1.01.A.50 of the General Conditions to read as
follows:
51. Instruction to Contractor-- Same asnField Order."
SC-3.04 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS
Amend paragraph 3.04.B. of the General Conditions by deleting the following words:
"or (ii) ENGINEER's approval of a Shop Drawing or Sample;
SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS
Add the following sentence immediately after paragraph 4.02.B.3:
Structure at 6520 Cedar Avenue was used for fire training and no known hazardous
chemicals, etc. were used during the exercises. Structures 6520 and 6528 Cedar Avenue had
copper heating elements removed from the units.
SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE
Add the following sentence immediately after paragraph 4.06.A:
See Attachment 2 for the Asbestos, Lead-Based Paint and Hazardous Materials
Abatement Specifications.
SC-5.04 CONTRACTOR's LIABILITY INSURANCE
Add the following new paragraph immediately after paragraph 5.04.B:
C. The limits of liability for the insurance required by paragraph 5.04 of the General.
Conditions shall provide coverage for not less than the following amounts or greater where
required by Laws and Regulations:
1. Workers' Compensation, and related coverages under paragraphs 5.04.A.1
and A.2 of the General Conditions: $500,000
2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the
General Conditions which shall include completed operations and product liability
- coverages: $1,000,000 .
3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions:
$1,000,000
4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the
General Conditions shall provide coverage for notless than the following amounts:
$1,000,000
5. Stanley Consultants, Inc. and the Housing and Redevelopment Authority in
and for the City of Richfield shall be included on policy as additional insured by
endorsement.
SUPPLEMENTARY CONDITIONS
SECTION 00800 - Page 2
18966.01.00
SC-5.05 OWNER's LIABILITY INSURANCE
Delete paragraph 5.05 of the General Conditions in its entirety.
SC-5.06 PROPERTY INSURANCE
Delete all paragraphs included in 5.06 of the General Conditions in its entirety.
SC-6.03. SERVICES, MATERIALS, AND EQUIPMENT
Add the following new paragraph immediately after paragraph 6.03.B:
3. All materials and equipment incorporated into the Work, including but not
limited to, equipment, software, and configuration shall be "Year 2000 compliant." "Year
2000 compliance" shall mean fault-free performance in the processing of data and all
date-related data by all hardware and software products, individually and in combination.
Fault-free performance shall also include the accurate manipulation of data when dates
are either in the 20th or 21st century.
SC-6.05.C. SUBSTITUTES AND "OR-EQUALS"
Amend the third sentence of paragraph 6.05.C-of the General Conditions to read as follows:
"No "or-equal" or substitute will be ordered, installed or utilized without ENGINEER's prior
written acceptance which will be evidenced by a Change Order."
SC-6.09 LAWS AND REGULATIONS
Add the following new paragraph immediately after Paragraph 6.09.C:
D. Noise Ordinance
The Contractor agrees to comply with the Richfield City Code Section 930 - Noise control.
E. Prevailing Wage
The Contractor agrees on behalf of itself and any subcontractors that if required by federal law or
the City's Prevailing Wage Policy it will comply with the wage and hour standards issued by the
United States Secretary of Labor pursuant to the Davis-Bacon Act, 40 U.S.C. ss276a to 276a-5,
as amended, and the Contractor Work Hours and Safety Standards Act, 40 U.S.C.SS327-333.
Such compliance shall be demonstrated by certifications req!lir~d by the City.
F. Equal Opportunity Statement
Contractor agrees to comply with the provisions of all applicable federal, state, and City of
Richfield statutes, ordinances, regulations and Housing and Redevelopment Authority (HRA)
policies pertaining to civil rights and nondiscrimination including without limitation Minnesota
Statutes, Section 181.59, incorporated herein by reference.
G. Disclosure
The Contractor agrees to comply with the Minnesota Government Data Practices Act, Minnesota
Statutes, Chapter 13, and all other applicable state and federal laws relating to data privacy or
. confidentiality. The Contractor shall immediately report to the City any requests from third parties
for information relating to this agreement. All data created, collected, received, stored, used,
maintained, or disseminated by the Contractor in performing its obligations is subject to the
requirements of the Act, and the Contractor must comply with those requirements as if it were a
government entity. The City agrees to promptly respond to inquiries from the Contractor
concerning data requests. The Contractor agrees to hold the City, its officers, department heads
and employees harmless from any claims resulting from the Contractor's failure to disclose data
maintained by the Contractor and authorized for release by the HRA, and from Contractor's
unlawful disclosure or use of data protected under state and federal laws.
18966.01.00
SUPPLEMENTARY CONDITIONS
SECTION 00800 - Page 3
SC-6.17 SHOP DRAWINGS AND SAMPLES
Amend paragraph 6.17 of the General Conditions by deleting the following words:
"and approval" and "and approve"
Delete paragraph 6.17.0.3. of the General Conditions in its entirety and insert the following in its
place:
3. If CONTRACTOR wishes to propose a variation from the requirements of the
Contract Documents and a drawing or sample will be used to help describe the variation,
the drawing or sample shall not be submitted as a Shop Drawing or sample, but rather will
have specific notations regarding the variation and shall be transmitted to the ENGINEER
with a letter describing all aspects of the variation, including any effect the variation will
have on work of separate contractors, if any, and its effect, if any, on the Contract Price or
Contract Time. If ENGINEER determines that the variation will be acceptable, the
variation will be authorized by a Change Order executed by the OWNER and
CONTRACTOR.
Delete paragraph 6.17.E.3. of the General Conditions in its entirety and insert the following in its
place:
3. ENGINEER's review of Shop Drawings or Samples shall not relieve
CONTRACTOR from responsibility for any variation from the requirements of the Contract
Documents; nor will any review by ENGINEER relieve CONTRACTOR from responsibility
for errors or omissions in the Shop Drawings or from responsibility for having complied
with the provisions of paragraph 6.17.0.1."
SC-17 MISCELLANEOUS
Add the following new paragraph immediately after Paragraph 17.05:
17.06 Independent Contractor
A. Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent contractor with respect to the services to be
performed under this agreement. The HRA shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation
Insurance as the Contractor is an independent contractor.
17.07 Accounting Standards
A. The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by normally accepted accounting practices to properly
account for expenses incurred under this contract
17.08 Retention of Records
A. The Contractor shall retain all records pertinent to expenditures incurred under this contract
for a period of three years after the resolution of all audit findings. Records for non-expendable
property acquired with funds under this contract shall be retained for three years after final
disposition of such property.'
17.9 Inspections
A. All Contractor records with respect to any matters covered by this agreement shall be made
available to the City or its designees as any time during normal business hours, as often as the
City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
END OF SUPPLEMENTARY CONDITIONS
18966.01.00
ADMINISTRATIVE REQUIREMENTS
SECTION 01300 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A Coordination and project conditions.
B. Copies of Drawings and Project Manuals.
C. Project site administration.
D. Preconstruction meeting.
E. Progress meetings.
F. Cutting and patching.
1.02 COORDINATION AND PROJECT CONDITIONS
A Coordinate scheduling, and Work of the various sections of the Project Manual to ensure efficient and
orderly sequence of demolition of interdependent construction elements.
B. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial
Completion.
1.03 COPIES OF DRAWINGS AND PROJECT MANUALS
A After Notice of Award, CONTRACTOR may obtain, at no charge, maximum of five sets of project
manuals. Additional copies of project manuals will be furnished at ENGINEER's reproduction cost
plus handling charge. If CONTRACTOR's requirements for additional project manuals necessitates
reprinting of project manuals, CONTRACTOR shall pay entire cost of such reprinting. Partial sets of
project manuals will not be provided.
B. Revised project manuals, if required, will be provided by ENGINEER to show authorized changes or
extra Work under provisions of Item "AU preceding.
1.04 PROJECT SITE ADMINISTRATION
A CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout Work and
perform construction as required b.y Contract- Documents. CONTRACTOR shall at all times maintain
good discipline and order at site.
B. Except in connection with safety or protection of persons or Work or property at site or adjacent
thereto, and except as otherwise indicated in Contract Documents, all Work at site shall be performed
during regular working hours as indicated on the demolition drawing, and CONTRACTOR shall not
permit overtime work or performance of Work on Saturday, Sunday, or any legal holiday without
OWNER's written consent given after prior written notice to ENGINEER.
C. Incompetent or incorrigible employees shall be dismissed from Work by CONTRACTOR or its
representative when requested by ENGINEER, and such persons shall not again be permitted to
return to Work without written consent of ENGINEER.
D. Workmanship shall be of best quality.
1.05 PRECONSTRUCTION MEETING
A OWNER will schedule a meeting within 10 days after Notice of Award.
ADMINISTRATIVE REQUIREMENTS
Page 2 - SECTION 01300
18966.01.00
B. Attendance Required: OWNER, ENGINEER, and CONTRACTOR.
C. Agenda:
1. Execution of OWNER-CONTRACTOR Agreement.
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
4. Submission of list of Subcontractors, and progress schedule.
5. Designation of personnel representing the parties in Contract, and the ENGINEER.
6. Procedures and processing of field decisions, submittals, substitutions, applications for payments,
proposal request, Change Orders, and Contract closeout procedures.
7. Scheduling.
D. Record minutes and distribute copies within 2 days after meeting to participants, with two copies to
ENGINEER, OWNER, participants, and those affected by decisions made.
1.06 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work at maximum bi-monthly intervals
or at OWNER request.
B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings.
C. Attendance Required: Job superintendent, major subcontractors and suppliers, OWNER,
ENGINEER, as appropriate to agenda topics for each meeting.
D. Record minutes and distribute copies within 2 days after meeting to participants, with 2 copies to
ENGINEER,OWNER, participants, and those affected by decisions made.
PART 2
PRODUCTS
NOT USED
PART 3 EXECUTION
3.01 CUTTING AND PATCHING
A. Employ skilled and experienced installer to perform cutting and patching.
B. Submit written request in advance of cutting or altering elements which affect:
1 . Structural integrity of element.
2. Integrity of weather-exposed or moisture-resistant elements.
3. Efficiency, maintenance, or safety of element.
4. Visual qualities of sight exposed elements.
5. Work of OWNER or separate CONTRACTOR.
C. Execute cutting, fitting, and patching including excavation and fill, to complete Work, and to:
1 . Fit the several parts together, to integrate with other Work.
2. Uncover Work to install or correct ill-timed Work.
3. Remove and replace defective and non-conforming Work.
4. Remove samples of installed Work for testing.
5. Provide openings in elements of Work f9r penetrations of mechanical and electrical Work.
D. Execute work by methods to avoid damage to other Work, and which will provide proper surfaces to
receive patching and finishing.
E. Restore Work with new products in accordance with requirements of Contract Documents.
END OF SECTION
18966.01.00
PROJECT MEETINGS
SECTION 01310 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Project meeting requirements.
B. Preconstruction meeting.
C. Progress meetings.
1.02 PROJECT MEETING REQUIREMENTS
A. ENGINEER will schedule and administer preconstruction meeting, periodic progress meetings, and
specially-called meetings throughout progress of Work, and:
1 . Prepare agenda for meetings.
2. Distribute written notice of each meeting four days in advance of meeting date.
3. Make physical arrangements for meetings. .
4. Preside at meetings.
5. Record minutes; include significant proceedings and decisions.
6. Reproduce and distribute copies of minutes within three days after each meeting.
a. To participants in meeting. .
b. To parties affected by decisions made at meeting.
B. Representatives of CONTRACTOR, Subcontractors and suppliers attending meetings shall be
qualified and authorized to act on behalf of entity each represents.
1.03 RELATED REQUIREMENTS
A. Instructions to Bidders: Prebid Conference.
1.04 PRECONSTRUCTION MEETING
A. ENGINEER will schedule within 10 days after date of Notice to Proceed.
B. Location: A central site, convenient for all parties, designated by ENGINEER.
C. Attendance:
1. OWNER's representative.
2. ENGINEER and its professional consultants.
3. CONTRACTOR's superintendent.
4. Others as appropriate.
1.05 PROGRESS MEETINGS
A. ENGINEER will schedule regular periodic meetings, as required.
B. ENGINEER will hold called meetings as required by progress of Work.
C. Location of meetings: City of Richfield, Minnesota, City Hall, City Council Chambers 6700 Portland
Avenue South, Richfield Minnesota 55423.
D. Attendance:
1. ENGINEER, and its professional consultants as needed.
2. CONTRACTOR and Subcontractors as appropriate to agenda.
3. Others.
PROJECT MEETINGS
Page 2 - SECTION 01310
18966.01.00
E. Suggested agenda:
1. Review, approval of minutes of previous meeting.
2. Review of Work progress since previous meeting.
3. Field observations,problems, conflicts.
4. Problems which impede construction schedule.
5. Corrective measures and procedures to regain projected schedule.
.6. Revisions to construction schedule.
7. Progress, schedule, during succeeding Work period.
8. Coordination of schedules. .
9. Pending changes and substitutions.
10. Review proposed changes for:
a. Effect on construction schedule and on completion date.
b. Effect on other contracts of Project.
c. Other business.
PART 2
PRODUCTS
NOT USED
PART 3
EXECUTION
NOT USED
END OF SECTION
18966.01.00
SITE DEMOLITION
SECTION 02220 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Removal and disposal and associated work.
B. Demolition work of this contract includes, but is not limited to:
1. Three (3) apartment buildings and associated foundations and parking lot pavements. Detailed
description of each structure can be found in Attachment 1.
2. Curbs, trash enclosures, exterior electric outlet poles and a retaining wall.
3. All fencing along the western property line at 6520 and 6528 Cedar to be removed. Fencing along
the north lot line of 6520 Cedar to remain.
4. Shrubs and bushes near structures to be removed. Contractor shall protect all other trees and
shrubs.
5. Disconnecting, removing, capping and plugging existing utility services (prior to property
conveyance to the developer). Services shall be removed to the property line of site.
C. Inspect buildings and structures where demolition is required. CONTRACTOR shall also inspect
existing Drawings of buildings and structures before bidding; Drawings are available from OWNER.
CONTRACTOR shall be familiar with items that require demolition and patching.
D. Excavation and dewatering required to accomplish this Work shall be included in CONTRACTOR's
Bid.
E. CONTRACTOR is responsible for determining actual site conditions, extent to which demolition is
required, and method of demolition.
F. Schedule work with OWNER and work in other parts of these Contract Documents.
G. Perform work in accordance with Drawings and Specifications and as required for proper execution of
work under this Contract. Contractor shall obtain all necessary permits for completion of work.
Conform to applicable requirements of the City of Richfieid, the State of Minnesota and other
governmental agencies for demolition work.
1.02 QUALITY ASSURANCE
A. Retain services of a qualified professional soils consultant and testing laboratory. Responsibilities of
soils consultant will include:
1. Sampling, testing, and approval of fill or backfill materials prior to and during placement.
2. Sampling and testing to determine moisture-density, maximum density and relative density
characteristics of materials.
3. Observation of placement, selection of test locations and testing of material during placement to
determine that specified compaction requirements are met.
4. Provide reports to OWNER giving information on materials and testing performed.
5. Bind all reports and recommendations in one report at end of Project and submit to OWNER.
B. Soils consultant shall provide evidence of professional registration in the state of Minnesota and
Professional Liability Insurance covering its activities in the investigation, evaluation and production of
reports dealing with subsurface soils investigations.
C. Temporary electrical construction necessary to maintain existing system during construction shall
comply with NEC Article 305.
SITE DEMOLITION
Page 2 - SECTION 02220
1.03 SUBMITTALS
18966.01.00
A. Two weeks prior to any removal, CONTRACTOR shall submit demolition plan to ENGINEER for
review. Plans shall include sequence of performing proposed work, requirements for interruptions to
public use of area, and requirements for CONTRACTOR use of public streets and facilities.
B. Submit two copies of photographs taken of existing construction to remain. Include adjacent private
properties that might be disturbed by demolition operations.
C. Layouts identifying soil field test locations and elevations.
D. Material test reports on samples of fill and backfill.
E. Material in-situ compaction test report.
F. Soils consultant's report.
1.04 SITE CONDITIONS
A. Known underground piping, foundations, and other underground obstructions shall be field verified by
the Contractor.
B. Protect underground facilities encountered during excavation until it is determined whether they are
active or inactive. Repair, without compens.ation, existing active facilities shown on Drawings
damaged during operations.
C. Notify ENGINEER and OWNER of unexpected subsurface conditions and discontinue Work in area
until OWNER provides notification to resume Work.
1.05 SCHEDULING
A. Perform Work in manner which will provide least interference and most protection to public and
existing construction. CONTRACTOR's operations subject to approval by OWNER prior to
commencement of Work.
B. Carefully. coordinate time and manner of demolition work with ENGINEER to assure continued
operation of existing facilities and to maintain construction schedule requirements.
C. Schedule and perform work in accordance with following general sequence. Coordinate specific
details of work with OWNER and ENGINEER.
D. Take care to minimize outages of electrical systems.
E. Coordinate electrical system outages with OWNER and serve utility. Notify OWNER in writing at least
48 hours prior to electrical outage. Indicate system to be disabled, areas, and buildings affected,
proposed date and time of outage, duration, and work to be performed.
F. Outages of following electrical systems shall be performed only with written permission of OWNER.
1. Power distribution.
2. Fire alarm.
3. Telephone.
1.06 MEASUREMENT AND PAYMENT
A. No separate measurement or payment will be made for demolition work under this contract except as
specifically described and listed in Agreement. Include costs in connection with Work in lump sum
Contract Price or unit price for demolition. .
18966.01.00
SITE DEMOLITION
SECTION 02220 - Page 3
PART 2
PRODUCTS
NOT USED
\
PART 3 EXECUTION
3.01 PROTECTION
A. Protect existing facilities from damage by falling debris, dust, and construction operations.
B. Provide shoring and bracing where necessary to support existing construction and protect personnel
during demolition operation.
3.02 DEMOLITION - GENERAL
A. Remove existing construction as specified and shown. The following structures will be available for
. demolition upon execution of the Agreement.
1. 6400 Cedar Avenue South.
2. 6520 Cedar Avenue South.
3. 6528 Cedar Avenue South.
B. Perform removal in manner that will minimize dust, noise, and other nuisance. CONTRACTOR shall
abide by City of Richfield, Minnesota city code/ ordinances for all construction. Maintain haul routes
for disposal of material clean and free of debris. Access to occupied apartment buildings shall be
maintained and free from obstruction. At least one access shall be maintained during all weather
conditions.
C. Remove existing construction carefully providing for neat and orderly junctions at construction to
remain in place. Final appearance of exposed surfaces shall be similar and equal to that of adjacent
existing work. Grind off rough surfaces to remove sharp projections.
D. Perform demolition operations in manner that in no way endangers personnel, public, existing
structures, utilities, roadways, or facilities not to be demolished.
E. Any portion of existing construction whether structural or accessory which has become unstable
through removal of other parts of construction shall be removed as soon as practicable and no such
unstable part shall be left free-standing or inadequately braced against causes of collapse at end of
each day's work.
F. No demolition shall be performed on piping, electrical circuits, or equipment until system has been
isolated by OWNER. CONTRACTOR shall verify isolation of system.
G. CONTRACTOR shall relocate existing active miscellaneous piping, conduit, and electrical circuits and
devices not detailed on Drawings but required for installation of equipment and items installed by this
Contract.
H. To reduce fire hazards during demolition, CONTRACTOR shall:
1. Before removing any part of any building, remove volatile or flammable materials, such as fuel oil,
gasoline, kerosene, benzene, cleaning fluids, paints, thinners, cloth, loose paper, combustible
trash, coal, and similar materials which might serve as ready fuel for small fires.
2. Maintain stairways in usable condition to highest or lowest level until that portion of structure is
removed. .
3. Maintain sufficient number offire extinguishers to check and extinguish small fires in areas where
Work is being performed.
4. Wherever cutting torch or other equipment which might cause fir~ is being used, fire extinguishers
shall be kept nearby and ready for instant use. Users of such equipment shall be instructed in
proper method of preventing fires and extinguishing fire.
SITE DEMOLITION
Page 4 - SECTION 02220
18966.01.00
5. Fires will not be permitted in Project area, except that small fires for warming of personnel may be ..
permitted in suitable burning equipment arranged to prevent release of embers or sparks.
Burning equipment and operation thereof must be approved by Fire Department. Fire
extinguishers shall be kept nearby and ready for instant use
6. Burning of waste lumber and other building materials or trash on Site will not be permitted.
I. Use of cranes and wrecking balls for demolition work are permitted as long as following conditions are
met:
1. Machinery, cables, booms, and other equipment shall pass applicable safety inspections.
2. Crane boom may not be used within 20' of overhead power lines.
3. Wrecking ball or clamshell demolition work shall not cause debris to be kicked outward away from
demolition area.
4. Operations do not damage adjacent construction.
J. Use of blasting will not be permitted.
K. Provide temporary personnel and vehicle protection at openings or ledges made by demolition.
L. Removal of all utilities and improvements shall be completed prior to property conveyance to the
developer.
3.03 DEMOLITION OF ARCHITECTURAL, STRUCTURAL, AND SITE MATERIALS
A. Remove as shown and specified or as required to permit new construction.
B. Structural parts of buildings, such as columns, beams, and joists supporting floor of any story shall be
left in place until walls, flooring, and partitions of that story are completely removed, beginning at top
and working downward. Exception to this requirement will be made in case of nonrigid frames or
concrete buildings.
C. If CONTRACTOR elects to use an alternate procedure for progressive or simultaneous wrecking of all
parts of building, CONTRACTOR's proposed method shall not increase danger to CONTRACTOR's
personnel, OWNER's personnel, or to adjacent structures. CONTRACTOR shall notify OWNER in
writing of any such alternate procedure proposed before implementing such procedures.
D. No wall or part thereof shall be permitted to fall outwardly from any building or into plant basement or
floor except through chutes or by other controlled means or methods which will ensure safety and
minimize dust, noise, and other nuisance.
E. Any part of building, whether structural, or accessory, which has become unstable through removal of
other parts shall be removed as soon as practicable, and no such unstable part shall be left free-
standing or inadequately braced against cause of collapse at end of day's work.
F. Structural steel in building:
1. Provide temporary support or complete new work required for support prior to removal. Maintain
existing parts until equipment supported by part is removed or modified.
2. Remove and dispose of all steel including miscellaneous associated steel. Do not remove bolts
and/or rivets of common connections; cut member being removed to leave connection unless
shown otherwise.
3. Where steel penetrates masonry or concrete wall, cut flush with wall unless shown otherwise.
4. Where applicable, remove anchor bolts and grout to top or face of existing concrete. Make
provisions to ensure smooth surface where grout is removed.
G. Foundations:
1. Perform required excavation, dewatering, sheeting shoring and bracing required to perform
demolition.
2. Removal shall be complete for concrete, bolts, reinforcing steel, structural steel, and piling.
18966.01.00
SITE DEMOLITION
SECTION 02220 - Page 5
3. Removal of foundations attaching to existing plant building, chimney foundation, or other
construction to remain shall be to face of foundation or wall to remain.
4. Upon completion of foundation removal, backfill excavating and depressions with compacted
backfill. Grade area as specified in Section 02310.
5. Do not backfill excavations or voids left from foundation removals until removal adequacy is
confirmed by ENGINEER.
H. At termination of concrete removal, prepare surfaces and cover with cement-water grout paste to
present neat finished surface appearance.
I. Remove and dispose of portion of existing building walls to limits required by new construction and
required for removal or placement of materials and equipment. Replace removed portions with same
type construction. .
J. Provide temporary, insulated, weathertight closure over openings above grade in buildings until
demolition is complete.
1. - Closures shall remain in place at all times except as directed by ENGINEER and as required for
demolition and construction operations.
2. Closure shall be constructed and adequate strength and anchorage to prevent access into
building by unauthorized individuals and the general public.
3. Closure shall be constructed to prevent water and material from entering building opening.
Construct closure to protect interior of building from weather.
4. Closure shall be adequate in strength and anchorage to withstand uplift and wind loading in
accordance with ANSI A58.1.
5. Repair and maintain closure until Work is completed.
3.04 DEMOLITION OF MECHANICAL ITEMS
A. Remove mechanical equipment and materials.
B. Removal shall include but not limited to:
1. Piping, valves, equipment, hangers, and associated accessories.
2. Appliances such as refrigerators, gas and electric stoves, wall air conditioners, furnaces, boilers
and hot water heaters.
3.05 DISCONNECTION OF EXISTING SERVICES
A. Contractor shall field locate all existing services to structures to be demolished.
B. Contractor shall arrange and pay for disconnecting, removing, capping, and plugging utility services.
Existing service to structures not associated to the demolition project must be maintained and remain
in service.
C. Contractor shall notify all affected utility companies in advance and obtain approval before starting this
Work.
D. Install place markers to indicate location of disconnected services. Identify service lines and capping
locations on Project Record Documents.
3.06 DEMOLITION OF ELECTRICAL ITEMS
A. Examination:
1. Verify that abandoned wiring and equipment serve only abandoned facilities.
2. Demolition drawings are based on cursory field observation and existing record documents.
Report discrepancies to OWNER before disturbing existing installation.
SITE DEMOLITION
Page 6 - SECTION 02220
18966.01.00
B. Preparation:
1. Before beginning underground demolition, contact OWNER, and local utilities locating service at
least 48 hours before digging.
2. Equipment shall become property of CONTRACTOR and shall be removed from job site.
3. Disconnect electrical systems in or on walls, floors, and ceilings scheduled for removal.
4. Coordinate utility service outages with utility company.
5. Provide temporary wiring and connections to maintain existing systems in service during
construction. .
6. Existing electrical service to occupied apartment buildings: maintain existing system in service
until new system is complete and ready for service. Disable system only to make switchovers and
connections. Obtain permission from OWNER at least 24 hours before partially or completely
disabling system.
7. Existing telephone system to occupied apartment buildings: Maintain existing system in service
until new system is complete and ready for service. Disable system only to make switchovers and
connections. Notify OWNER and telephone utility company at least 24 hours before partially or
completely disabling system.
C. Demolition and extension of existing electrical work:
1. Remove abandoned wiring to source of supply.
2. Remove exposed abandoned conduit, including abandoned conduit above accessible ceiling
finishes.., Cut conduit flush with walls and floors, and patch surfaces.
3. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit
servicing them is abandoned and removed. Provide blank cover for abandoned outlets which are
not removed. '
4. Disconnect and remove the following:
1. Abandoned panel boards and distribution equipment.
2. Devices and equipment serving utilization equipment that has been removed.
3. Abandoned light fixtures, including brackets, stems, hangers, and other accessories.
5. Repair adjacent construction and finishes damaged during demolition and extension work.
6. Maintain safe access to existing electrical installations which remain active.
3.07 DISPOSAL OF MATERIALS
A. Storage of materials to be removed not permitted to accumulate on site. Promptly remove and
dispose of nonsalvageable equipment and materials.
B. Debris will not be allowed to accumulate on roofs, floors, or in areas outside of and around any
buildings being removed. Waste materials and debris resulting from Work shall be removed and
disposed of daily by CONTRACTOR in disposal area obtained by CONTRACTOR.
C. Burning of waste lumber and other building materials or trash on Site will not be permitted.
D. No material, obstructions, or debris shall be placed or allowed to accumulate within 15' of any fire
hydrant. Fire hydrants shall be accessible at all times.
3.08 PATCHING
A. Any new construction work that affects existing building structures that are to remain shall be patched
to match existing surrounding materials. This includes roofing, walls, walks, flooring ceilings, and any
other materials that affect structural or architectural integrity of building.
3.09 REPAIR AND RESTORATION
A. CONTRACTOR shall be responsible for damage to personnel, public, roadways, streets, structures,
utilities, facilities, and equipment caused by operations and shall repair any damage at its own
expense or replace items damaged beyond repair.
B. Do not operate vehicles or equipment on existing construction or roadways that could be damaged.
18966.01.00
SITE DEMOLITION
SECTION 02220 - Page 7
C. Backfill applicable excavated areas, open pits, and other depressions as work progresses. Backfill
materials shall conform to requirements of Drawings and other specification sections.
D. Grade areas disturbed by construction to smooth, uniform surfaces sloped to drain.
E. Replace construction removed to facilitate operations with construction of equal quality to that
removed.
3.10 CLEAN-UP
A. Maintain public streets, alleys, or other thoroughfares used in carrying out disposal free of litter or soil
attributable to this operation. Equip and load trucks or other vehicles to prevent leakage, blowing off,
or other escape of any portion of whatsoever is being hauled. Cost incurred by OWNER in cleaning up
such litter will be' charged to CONTRACTOR and deducted from monies due or to become due it
under this contract.
B. Upon completion of demolition work in each area, thoroughly clean area of materials not to remain.
C. Remove materials (except paint) adhered to construction to remain.
D. Leave areas in broom clean and vacuumed condition.
END OF SECTION
1) J. Willey
2) E. Anderson
18966.01.00
SITE CLEARING
SECTION 02230 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Clearing and grubbing.
B. Stripping.
C. Disposal.
PART 2
PRODUCTS
NOT USED
PART 3 EXECUTION
3.01 CLEARING AND GRUBBING
A. Clearing: Remove and dispose of fences, retaining walls, logs, brush, rubbish, and other
objectionable material.
1. Remove all fencing along the western property line. at 6520 and 6528 Cedar.
2. Remove four-foot high (approximate) retaining wall on south side of 6400 Cedar.
B. Grubbing: remove and dispose of stumps and roots 3" and larger in diameter.
C. Parking areas: Entirely remove, stumps, brush, roots, and other vegetation.
D. Other areas: Remove, stumps, brush, roots, and other vegetation to a depth of not less than 18"
below subgrade or existing ground line, whichever is lower.
E. Backfill depressions caused by grubbing, and compact to conform to density of surrounding earth.
F. Tree Removal: Contractor approved to clear site of the overgrown arborvitaes at 6400 Cedar since
there are not other trees on this site. Contractor shall not actively cut down any trees either on 6520
or 6528 Cedar. However, the trees between the two buildings can be removed, if needed, to make
room for demolition. For the other trees on site, the Contractor shall install a snow fence at the drip
line and shall protect the trees from damage throughout the duration of the work.
3.02 STRIPPING
A. Strip areas to receive fill .
B. Completely strip topsoil, rubbish, vegetation, and other foreign materials.
C. Minimum depth: 6".
D. Stockpile clean topsoil free from subsoil, stones, and other foreign materials, for future on site. No
topsoil shall be removed from the project site.
E. Dispose of excess stripped material.
3.03 DISPOSAL
A. Trim tree trunks and branches, 4" diameter and larger, cut into lengths not exceeding 20' and
stockpile at on-site locations.
SITE CLEARING
Page 2 - SECTION 02230
B. Dispose removed materials to locations off site. Off-site locations shall be arranged for by
CONTRACTOR and at its expense.
C. Grade final cover to allow for positive surface drainage.
END OF SECTION
1) J.Willey
2) E. Anderson
18966.01.00
18966.01.00
GRADING
SECTION 02310 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Fill materials.
B. Stripping.
C. Earth and borrow excavation.
D. Finish grading and protection.
PART 2 PRODUCTS
2.01 FILL MATERIAL
A. Obtain fill material from excavated areas or from an approved borrow area.
B. All materials placed as fill or backfill shall consist of material classified by ASTM D 2487 as GW, GP,
GC, GM, SP, SM, SC, CL, CH, and SW. The material shall be free of ice, snow, frozen earth, trash,
debris, sod, roots, organic matter, or stones larger than 3 inches in any dimension.
PART 3 EXECUTION
3.01 STRIPPING
A. Prior to grading and/or borrow excavation, strip topsoil, vegetation and other objectionable material
from construction areas. Average depth assumed to be 4" to 6 " Stockpile clean topsoil at job site.
Dispose of vegetation and other objectionable material at off-'site location selected by CONTRACTOR.
3.02 EARTH EXCAVATION
A. Grading shall consist of excavation, removal ~nd satisfactory disposal of excess excavated materials
taken from within Project area, construction of embankments, subgrades, ditches, and incidental work;
and removal and satisfactory disposal of unstable and unsuitable materials and their replacement with
satisfactory materials where needed.
B. In cuts for roads, parking areas, proof-roll subgrade with fully loaded tandem-axle dump truck by
making three passes with a heavy pneumatic-tired roller to detect localized zones of unstable material
C. Remove unstable material encountered and replace with suitable material.
D. Dispose of unstable material off site at location selected by CONTRACTOR.
3.03 BORROW EXCAVATION
A. Borrow excavation shall consist of excavating, transporting, and placing of earth materials obtained
from locations furnished by CONTRACTOR necessary for construction of fill locations, subgrades and
other parts of Work.
B. CONTRACTOR shall furnish and pay for borrow sites, or other sources of borrow, and obtain from
property owners necessary agreements for removal of excavated material. Borrow material shall
have a Standard Dry Density of not less than 95lb/cu ft (1525 kg/m3)when tested in accordance with
AASHTO T99 and shall not possess an organic content greater than 10% when tested in accordance
with AASHTO T194.
GRADING
Page 2 - SECTION 02310
3.04 FINISH GRADING
18966.01.00
A. Finish fill, excavated areas, and other disturbed areas to uniform grade and section normally
obtainable with blade grader.
B. Allowable template tolerances: + 0.10'.
C. Finish grade to neat appearance and to provide positive drainage.
3.05 FIELD QUALITY CONTROL
A. Moisture-density laboratory tests: Minimum of one test on each type of soil to be used in fill
construction; conform to ASTM 0698. Perform tests prior to placement of fill materials.
B. In-place density tests for fill areas: Perform tests on fill areas during course of work on subgrade for
each successive 8" (200 mm) layer at approximate 100' intervals conforming to ASTM 01556 or
ASTM 02922.
3.06 PROTECTION
A. Water shall be used as controlling agent to prevent operations from polluting air with dust.
B. Regulations as set forth by the City of Richfield, OSHA and appropriate state agencies, shall govern.
END OF SECTION
1) J.Willey
2) E. Anderson
18966.01.00
FINISH GRADING
SECTION 02311 - Page 1
PART 1 GENERAL
1 .01 SECTION INCLUDES
A. Preparation of subgrade to receive topsoil.
B. Placing topsoil.
C. Finish grading.
,PART 2 PRODUCTS
2.01 TOPSOIL
A. Topsoil supply:
1. Use topsoil stockpiled on site. Supply topsoil necessary in addition to that stockpiled.
2. Determine volume of topsoil necessary.
B. Imported topsoil: Natural, friable loam typical of productive soils in locality, capable of sustaining
vigorous plant growth, from well drained site free of flooding, not in frozen or muddy condition, not less
than 2% organic matter, and pH value of 5.9 to 7.0. Free from subsoil, slag, clay, stones, lumps, live
plants, roots, sticks, foreign matter and any material that may be harmful to plant growth.
C. Existing topsoil: Natural, fertile soil capable of sustaining vigorous plant growth, not in frozen or
muddy condition. Free from subsoil, slag, clay, stones, lumps, live plants, foreign matter, and any
material that may be harmful to plant growth.
PART 3 EXECUTION
3.01 SUBGRADE PREPARATION
A. Preparation shall not start until outside construction Work has been completed.
B. Protect existing underground improvements from damage.
C. Scarify subgrade to a depth of at least 4" (100 mm) by disking, harrowing, or other method. Surface
shall be left rough to provide a good bond with topsoil.
D. Remove roots, clods, stones, and any other debris larger than 2" (50 mm) in any dimension from
surface.
3.02 PLACING TOPSOIL
A. Place topsoil on graded areas to be turfed, and as indicated on Drawings.
B. Spread evenly, shape, and firm topsoil to a minimum depth of 6". Do not spread topsoil when topsoil
or subgrade is frozen, or when excessively wet or dry.
C. Thoroughly till soil to a minimum depth of 4" (100 mm) by roto-tilling, disking, harrowing, or other
method. Soil shall not be tilled when it is frozen, excessively wet or dry, or otherwise untillable.
.
D. Remove from site, rocks, clods, roots, or other foreign materials larger than 1" (25 mm) in any
dimension. .
FINISH GRADING
Page 2 - SECTION 02311
3.03 FINISH GRADING
18966.01.00
A. Grade to uniformly sloping surfaces and to provide adequate natural drainage to existing storm water
system.
.
B. Slope finish grade to provide positive surface drainage away from buildings and other structures.
C. Finish grade shall be free of all holes, rills, or gullies caused by erosion or construction oper~tions.
D. Finished ground level shall be firm to prevent sinkage pockets when watered.
END OF SECTION
1) J. Willey
2) E. Anderson
18966.01.00
SEEDING
SECTION 02923 - Page 1
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Finish grading.
B. Seeding and fertilizing.
C. Erosion control.
D. Maintaining seeded areas until acceptance.
E. Turfed area: Establish turf to limits of graded areas on any private properties disturbed during
construction.
F. Water supply:
1. Make necessary arrangements, at own expense, to ensure an adequate supply of potable water.
2. Furnish necessary hose, equipment, attachments, and accessories for adequate watering of turf
areas, as needed.
1.02 RELATED SECTIONS
A. Section 02311 - Finish Grading.
1.03 QUALITY ASSURANCE
A. Supply producer's guaranteed statement of analysis for percentages of mixtures, purity, germination,
weed seed content inert material, net weight, year of production, and date and location of packaging
of seed.
B. Supply manufacturer's guaranteed statement of analysis, types of nutrients, and weight of fertilizer. .
1.04 DELIVERY, STORAGE, AND HANDLING
A. Deliver grass seed in original sealed packages bearing producer's guaranteed statement of analysis
for percentages of mixtures, purity, germination, weed seed content, inert material, year of production,
date and location of packaging, and net weight. Packages shall be labeled in conformance to U.S.
Department of Agriculture Rules and Regulations under the Federal Seed Act, and s.eed laws of the
State of Minnesota. Seed that has become wet, moldy, or otherwise damaged will be rejected.
B. Fertilizer supplied in closed containers shall be delivered in waterproof bags showing weight, types of
nutrients, and manufacturer's guaranteed statement of analysis.
C. Fertilizer supplied in bulk shall be accompanied by bill-of-Iading giving weight, types of nutrients, and
certificate of manufacturer's guaranteed statement of analysis, for each shipment.
PART 2 PRODUCTS
2.01 GROWING MEDIA
A. Fertilizer:
1. Preplanting fertilizer: Dry commercial ready-mixed material, produced in pelleted or granular
form; uniform in composition and free flowing. Provide fertilizer with percentage of nitrogen
required to provide not less than 1 lb. of actual nitrogen per 100 sq. ft. of lawn area and not less
than 4% phosphoric acid and 2% potassium.
SEEDING
Page 2 - SECTION 02923
18966.01.00
2. Postplanting fertilizer: Dry commercial ready-mixed composition and free flowing. Provide
fertilizer with percentage of nitrogen required to provide not less than 1 lb. of actual nitrogen per
100 sq. ft. of lawn area and not less than 4% phosphoric acid and 2% potassium. At least 50% of
the total nitrogen shall be derived from ureaformaldehyde.
3. Prilled fertilizer: Blend of coated prills and uncoated prills, analysis 16-7-12 plus iron, as
manufactured by Sierra" Chemical Company, Newark, California, or equal.
B. Limestone: Agricultural grade ground limestone having calcium carbonate equivalent of not less than
80%. Either pelleted, or ground to such fineness that 40% will pass 60-mesh sieve and 90% will pass
8-mesh sieve. "
2.02 SEED
A. Seed shall be seed of latest season's crop, State Certified by the State of Minnesota.
B. Seed mixture: Provide fresh, seed mixture 500 in accordance with MNIDOT Specification Section
2575. Provide seed mixture composed of grass species, proportions and minimum percentages of
purity, germination, and maximum percentage of weed seed, as specified.
2.03 MULCH
A. Straw mulch: Stalks from harvested oats, wheat, rye, barley, or rice, and shall be in air-dry condition
and free of noxious weed seeds, mold, and other objectionable material. Hay or chopped cornstalks
are not acceptable.
B. Wood cellulose fiber mulch: Virgin wood cellulose fiber, specially prepared for hydraulic application,
and shall contain no germination or growth inhibiting factors. Dye an appropriate color to facilitate
visual metering of its application. Fiber shall contain not in excess of 10% moisture. Fiber shall have
property of becoming uniformly dispersed and suspended when agitated in water, forming
homogeneous slurry, and when hydraulically sprayed on soil surface, shall form blotter-like ground
cover that readily absorbs water and allows percolation to underlying soil.
2.04 ACCESSORIES
A. Asphalt: Conform to ASTM 0977 for "Emulsified Asphalt," Grades SS-1, CSS-1, or RS-1; or for
"Liquid Asphalt," Grade RC-70.
B. Soil stabilizer: Nontoxic synthetic or organic tackifier, specially prepared for use as mulch tack.
C. Excelsior blanket: Mat of interlocking curled wood excelsior, with consistent thickness, and fiber
evenly distributed. One side of blanket shall be covered with mesh of woven cotton cord, twisted
paper cord, or biodegradable extruded plastic mesh, with openings not less than 5/8" x 3/4" and not
exceeding 1-1/2" by 3". Minimum weight of blanket shall be 0.95 Iblsq yd. American Excelsior Co.,
or equal.
D. Jute matting: Plain, uniform open-weave of new (unused) and unbleached single jute yarn. Loosely
twisted construction and shall not vary in thickness by more than one-half its normal diameter.
E. Paper mat: Knitted construction of polypropylene yarn with uniform openings interwoven with strips of
biodegradable paper.
F. Fiber mat: Bulky structure of entangled nylon monofilaments, melt-bonded at intersections, forming
stable mat of suitable weight and configuration. Minimum weight 7.75 ozlsq yd.
G. Staples: 11-gage wire, "U" shaped, with minimum crown width of 1" (25 mm) and minimum leg length
of 8" (200 mm).
18966.01.00 .
SEEDING
SECTION 02923 - Page 3
PART 3. EXECUTION
3.01 FERTILIZING
A. Uniformly apply limestone at rate of recommended by manufacturer.
B. Uniformly apply preplanting fertilizer at recommended by fertilizer manufacturer.
C. Incorporate amendments into soil to an average depth of 1" (25 mril) by raking, rototilling, disking,
harrowing, or other method.
D. Do not apply grass seed and fertilizer at same time, in same machine. .
3.02 SEEDING
A. Planting time:
1. Sow seed only at times of year when temperature, moisture, and climatic conditions will promote
germination and plant growth.
2. No seed shall be sown during high winds, when soil is frozen or snow covered, or when soil is
excessively wet or dry, or in any other condition unsatisfactory for planting.
3. Sow seed immediately after preparation of seedbed. At time of seeding, soil shall be friable, and
moist but not muddy, with top 2" (50 mm) cleaned of stones or debris over 1" (25 mm) in any
dimension. Soil surface shall be smooth and free. of irregularities.
B. Sowing:
1. Sow seed at rate of recommended by seed manufacturer to provide proper coverage of seeded
area.
2. Method of sowing shall be CONTRACTOR's option.
3. When broadcast seeder is used, seed shall be uniformly distributed and then covered to an
average depth of 1/4" (6 mm) by means of light harrow, cultipacker, hand rake, or other device.
4. When grass seed drill is used, drill shall be operated generally perpendicular to direction of
surface drainage whenever practical. Seed shall be drilled uniformly to average depth of 1/4" (6
mm).
5. When drop seeder is used, seed shall be uniformly distributed with no gaps. If seeder is not
equipped with means to cover seed, seed shall be covered to average depth of 1/4" (6 mm) by
means of light harrow, cultipacker, hand rake, or other device. _
6. When hydraulic planter/mulcher is used, it shall have continuous agitation action which keeps
seed mixed in uniform distribution in water slurry until pumped from tank.
a. Apply slurry within one hour after seed is added to tank. Seed which is allowed to remain
mixed in slurry for longer than one hour will not be accepted for use.
b. Application of prilled fertilizer with seed in single operation may be substituted for application
of preplanting and postplanting fertilizer.
C. Apply slurry at rate recommended by manufacturer.
3.03 MULCHING
A. Apply mulch to seeded areas within 24 hours after seeding.
B. Seeded areas not designated to receive erosion control materials shall be mulched by one of following
methods:
1. Apply straw mulch uniformly by hand, blower, or other equipment. Apply straw to be anchored by
pinlJing or crimping at rate of 90 Ib/1 ,000 sq ft. Apply straw to be anchored with asphalt or soil
stabilizer at rate of 70 Ib/1,000 sq ft.
SEEDING
Page 4 - SECTION 02923
18966.01.00
2. Apply wood cellulose fiber mulch by hydraulic planter/mulcher that has continuous agitation action
keeping mulch mixed in uniform distribution in water slurry until pumped from tank. Mulch shall be
applied at rate of 28 Ib/1 ,000 sq ft on level grades and 35 Ib/1 ,000 sq ft on slopes exceeding 5:1
ratio. Mulch application may be combined with seeding in a single operation with hydraulic
equipment.
C. Anchoring:
1. Straw mulch may be anchored by pinning or crimping into soil with a straight serrated disk or other
equipment. .
2. Straw mulch may be anchored with asphalt at rate of 12 gal/1 ,000 sq ft. Asphalt may be applied
as film immediately after mulch is in place, or may be applied simultaneously with straw from
blower equipment. _
3. Straw mulch may be anchored with soil stabilizer applied as film immediately after mulch is in
place, or simultaneously with straw from blower equipment. Apply soil stabilizer in accordance
with manufacturer's recommendations.
4. Wood cellulose fiber mulch may be anchored with soil stabilizer included in hydraulic mulch slurry.
Apply soil stabilizer in accordance with manufacturer's recommendations.
3.04 EROSION CONTROL
A. Immediately after seeding has been performed, apply erosion control matting to areas designated on
Drawings.
B. Excelsior blanket:
1. Lay either parallel or perpendicular to slope, with netting on top and fibers in contact with soil.
2. Stapling: -
a. Strip ends: l' (300 mm) centers.
b. Adjoining strip ends: Butted snugly, common row of staples on l' (300 mm) centers.
c. Edges: 6' (1,800 mm) centers.
d. Adjoining edges: Butted snugly, common row of staples on 6' (1,800 mm) centers.
e. Strip centers: 6' (1,800 mm) centers.
C. Jute or paper mat:
1. Lay either parallel or perpendicular to slope.
2. Upslope edge of jute or paper mat shall be buried in 6" (150 mm) deep anchor slot.
3. Adjoining strip ends: Up slope end of each strip shall be buried in anchor slot. Strips lapped 12"
(300 mm) with up-slope section on top.
4. Fiber mat: Install in accordance with manufacturer's written instructions.
5. Stapling:
a. Strip ends: 6" (150 mm) centers.
b. Strip edges: 3' (900 mm) centers.
c. Strip centers: 3' (900 mm) centers.
3.05 CLEANUP
A. Clean up daily during progress of Work and at completion.
B. Remove from Project site surplus materials and any debris resulting from turfing Work.
C. Turfed areas shall be neatly dressed and finished. Walks, paved areas, and adjacent walls and
windows shall be flushed clean.
18966.01.00
SEEDING
SECTION 02923 - Page 5
.
3.06
MAINTENANCE
A. Assume responsibility for proper care of turfed areas from time of completion of turfing operations on
any part of project and for duration of turf establishment period. Turf establishment period shall not
begin until planting on entire Project is approved by OWNER. Turf establishment period shall be for 45
consecutive growing days, or until final acceptance, whichever period is less. A "growing day"shall
be defined as any calendar day subject to adjustment of those days authorized by OWNER depending
on prevailing conditions.
B. Costs of reseeding or remulching required because of faulty operations or negligence on part of
CONTRACTOR shall be borne by CONTRACTOR. Any areas reseeded shall have turf establishment
period beginning upon reseeding or resodding and of duration as hereinbefore specified. OWNER will
assume risk for loss or damage due to beneficial occupancy of Project in any part, vandalism, damage
by animals or fire, or losses due to curtailment of water by local authority, or due to "Acts of God"
(floods, winds of 60 mph or more, or heavy hail).
C. Watering: Water turfed areas immediately after planting and thereafter as necessary to maintain
adequate moisture for promotion of deep root growth. Water shall be applied in such a way that ruts
will not be made in soil surface.
D. Fertilizing: Within 5 days of inspection and acceptance of turf, uniformly apply postplanting fertilizer at
rate recommended by fertilizer manufacturer.
E. Mowing: Mow turfed area to average height of 2" whenever height of grass reaches 3".
F. Protection: Provide temporary protective fences, barriers, and signs where deemed necessary by
OWNER.
G. Reseeding: When directed by OWNER, CONTRACTOR shall reseed any areas on which original
seed has failed to grow. Reseeding shall be performed as specified herein for seeding, and in manner
that will cause minimum disturbance to existing stand of grass.
H. Remulching: When directed by OWNER, CONTRACTOR shall remulch any areas on which original
mulch has eroded, washed, or blown off. Remulching shall be performed as specified herein for
mulching, and in manner that will cause minimum disturbance to existing stand of grass.
3.07 ACCEPTANCE
A. Upon written request by CONTRACTOR, or expiration of establishment period, whichever comes first,
OWNER will inspect turf areas.
B. At time of inspection, turf shall exhibit healthy, vigorous growth, shall be uniform in color and quality,
and shall be reasonably free of weeds, diseases, or other visible imperfections.
C. At time of inspection, grassed area shall contain no bare spots greater than 2 sq ft in size.
D. Any turf areas not accepted by OWNER shall be replanted.
E. Upon final acceptance of turf area, remove temporary fences, barriers, and signs installed for
protection of that area. CONTRACTOR will be relieved of further responsibility for care and
maintenance of accepted area.
END OF SECTION
.
1) J. Willey
2) E. Anderson
18966.01.00
ATTACHMENT 1
Page 1
Attachment No. Title Rev. No.
1 Property Limited Appraisal, Summary Reports 0
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LIMITED APPRAISAL, SUMMARY REPORT ' '
4-UNIT APARTMENTBLhlDING',
6400 CEDA~AV~NUE SqUTH'
RICHFIELD; MINNESOTA,'
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DATE OF ,REPORT:'
June 16, 2005 "
, PREPARED i=OR:
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'Community D~velop.ment,pepaith1ent
do Conworth, Inc.'
- 4725 Excelsior Boulevard, SLlite200, '
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St. louisPar~, MN 554i6
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PREPARED BY:
Patchin Messner & Dodd
Sunset ponds Office Park
13967 West Preserve Boulevard
Bumsville, MN 55337
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TABLE OF CONTENTS
ITEM PAGE NO.
LEITER OF TRANSMIIT Al..... ............................... .................... ............... ................. i-ii
CERTIFI CATIONS ................ ................................ ........ ..... ..... ......... .......... .......... ........ Hi
TABLE OF CONTENTS ........................... .............. ................'.............................. ......... v
SUBJECT PHOTOG RAPHS .............................. ....... ......................................... ..... ...... vi
PURPOSE, FUNCTION & INTENDED USERS OF THE APPRAISAl..............................1
INTEREST VALUED ................ ........................... .......... ..... ..... ............................ .......... 1
DATE OF INSPECTION AND DATE, OF APPRAISAL.... ................................................ 1
SCOPE OF APPRAISAL. ................. ................ .............. ................................... ..... ........ 1
DEFI NITION OF VALUE ...... ................... ....... ........................................ ................... ...3
REAL ESTATE APPRAISED ................................ ......... ..................................................4
OWNERSHIP HISTORY & HISTORY OF USE ..............................................................5
HIG H EST AN D BEST .USE....................,.............. ............... ..... ............................. ........5
MARKETI NG & EXPOSURE TIME ................... ........ .................................. ............... ....5
FINAL CONCLUSIONS OF VALUE............. .... ..... ............................. ..... ...................... 6
ADDENDA
EXHIBIT 1 - SALES COMPARISON APPROACH ....................................................8
EXHIBIT 2 - INCQME APPROACH ......................................................................12
CONTINGENT AND LIMITING CONDITIONS ...................................................14
APPRAISI NG QUAL/FICA TIONS OF BRENT PEDERSON .................................... 19
APPRAISI NG QUALIFICATIONS OF JASON MESSNER ....................................... 20
PATCHIN MEsSNER & DODD
Valuation Counselors
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PHOTOGRAPHS Of SUBJECT
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Valuation Counselors
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View of Subject from 64th Street Looking South'
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20536-D
REAL ESTATE APPRAISED
Site Data:
6400 Cedar Avenue South,' Richfield, Minnesota.
Zoning:
Guided Use if Vacant:
Building Data:
Legal Description:
Tax Data:
Building Condition:
4
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level and rectangular; 11,378 SF.
I, Industrial
Office development consistent with C-2 or PC-2
Zoning.
Built in 1960, 4-unit apartment building with
10-stall parking lot. AII 2-BR units. 696 SF interior
unit size; 1.5 story building height; 1,934 SF per
floor; 3,868 SF Gross Building Area (967 SF average
unit size including common areas). Each unit is
separately heated by its own furnace.
Lot 6, Block 2, Iverson's Third Addition, Hennepin County,
Minnesota.
2005 Taxes And Solid Waste Fee = $5,663.34
~005 AMV = $398,000
2004 AMV = $369,000
2003 AMV = $301,000
2002 AMV = $226,000
The current owner has recently made numerous
improvements to the building including new windows
and some new flooring. One of the furnaces has also
been replaced. . The reported cost of these
improvements was $20,000.
PATCHIN MESSNER & DODD
Valuation Counselors
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20536-0
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OWNERSHIP HISTORY & HISTORY OF USE
The subject property is owned by Steven Allen Buchanan. Mr. Buchanan purchased the
building from Genaro Cruz Esteva on March 10, 2005. A review of the deed tax
recorded at Hennepin County indicates a sale price of $372,500. However, this sale
may not represent a market-rate transaction, ,as the seller was apparently in a situation of
distress, and in a state of foreclosure. At present, Mr. Buchanan manages the building.
HIGHEST AND BEST USE
Continued Use As Improved (4-Unit Apartment Building).
MARKETING & EXPOSURE TIME
The following definitions are taken from The Dictionary of Real Estate Appraisal, Fourth
Edition, Appraisal Institute: .
ExDosure Time: The estimated length of time the property interest being appraised would have
been offered on the market prior to the hypothetical consummation of a sale at market value
on the effective date of the appraisal,' a retrospective estimate based upon an analysis of
past events assuming a competitive and open market Exposure time is always presumed to
occur prior to the effective date of the appraisal. The overall concept .of reasonable
exposure encompasses not only adequate, sufficient and reasonable time but also adequate,
suffzcient and reasonable effort. Exposure time is different for various types of real estate
and value ranges and under various market conditions.
Marketinr Time: The time it takes an interest in real property to sellon the market subsequent
to the date of appraisal. Reasonable marfcet time is an estimate of the amount of time it
might take to sell an interest in real property at its estimated market value during the period
immediately cifter the effective date of appraisal; the anticipated time required to expose the
property to a pool of prospective purchasers and to allow appropriate time for negotiation,
the exercise of due diligence, and the consummation of a sale at a price supportable by
concurrent market conditions. Marketing time differs from exposure time, which is always
presumed to precede the ejJective date of the appraisaL
For the purposes of this appraisal,' we have estimated the likely exposure time at
three to six months. Marketing time, including due diligence and closing, is
also estimated atthree to si~ months.
PATCHIN MESSNER & DODD
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20536-0
FINAL CONCLUSIONS OF VALUE
6
Sales Comparison Approach (See Exhibit 1 in the Addenda of this report.)
$100,000 per Dwelling Unit x 4 Units = $400,000
Income Approach (See Exhibit 2 in the Addenda of this report.)
$37,200 Gross Rent x 11.0 Gross Rent Multiplier (GRM) = $409,000 Rounded
Reconciliation of Value Indications And Final Value Estimate
$405,000 or FOUR HUNDRED FIVE THOUSAND DOLLARS
PATCHIN MESSNER & DODD
Valuation Counselors
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DATE OF REPORT:
July 5, 2002
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LIMITED APPRAISAL, SUMMARY REPORT
12-UNIT APARTMENT BUILDING
6520 CEDAR A YEN UE SOUTH
RICHF,IELD, MINNESOTA
PARCEL #6A
PREPARED FOR:
City of Richfield
Community Development Department
6700 Portland Avenue South
Richfield, MN 55423-2599
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PREPARED ,BY:
Patchin Messner & Dodd
Skyline Square Building
12940 Harriet Avenue South, Suite #220
Burnsville, MN 55337
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LEGAL DeseRI PTION
The'subject is legally described as follows:
Lot 4 and the South 71 feet of Lot 5, Block 1, Iverson's Third Addition, Hennepin
County, Minnesota. .
TAX AND ASSESSMENT DATA
TAX AND ASSESSMENT DATA
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Property Tax Identification # 26-028-24-14-0056
Property Owner Dean Akins & Ronald
Cornwell
2001 Assessors Market Value
Land $66,000
Building $341,000
Total $407,000
2002 Taxes & Solid Waste Charges $10,428.48
Tax Rate (Tax$rrotal AMV$) 2.56%
Special Assessments $0.00
2002 Assesors Market Value
land $78,000
Building $431,000
Total $509,000
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LOCATION MAP
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20235-G
SITE DESCRIPTION
Size:
167' x 113' = 18,~71 SF
Rectangular.
167' on Cedar Avenue.
Shape:
Frontage:
Street
Improvements:
Cedar Avenue is surfaced with bituminous
pavement and has concrete curbs aRd gutters as
well as street lights. The pavement is in average
condition, arid the speed limit is 30 MPH. Curb
side parking is allowed.
The subject .is accessible from Cedar Avenue, and
there is one developed curb cut driveway entrance.
No road median is present, and all turning motions
are possible to arrive at and leave the property.
The ~soils appear stable and suitable for typical
construction practices. However, we have not
reviewed soils tests or engineering data in
conjunction. with this appraisal assignment.
The subject is generally level and at street grade
with Cedar Avenue. There are some mature trees.
The subject is not located in a flood zolie.
All public utilities are available to the site including
phone, electric, natural gas, municipal water and
sanitary sewer. An in-ground storm sewer system is
present throughout the subject's neighborhood.
Access:
Soils:
Terrain:
Flood Hazard:
Utilities:
Easements &
Encumbrances:
We are not aware of any easements or
encumbrances, which would have a. deleterious
impact on the market value of the subject.
HoWever, we have not conducted a title search in
conjunction with this appraisal assignment. Any
street easement for Cedar Avenue is assumed to be
taken in fee. A utility easement seems to encumber
the rear of the site.
PATCHIN MESSNER & DODD
Valuation Counselors
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SITE DESCRIPTION
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IMPROVEMENTS DESCRIPTION
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The subject site is improved with a 2-1/2 story apartment building which contains 11
one-bedroom units and one studio or efficiency unit. The upper two floors each have
four l-BR units, and the lower garden level (which is partially below grade) has three
l-BR units, the studio unit and the laundrylboiler rooms. The common area stairwells
are located in the northeast and southwest corners of the building, and there is a
common area hallway connecting them. The dwelling units are located both to the
north and south of the centrally located common area. The front entrance to the
building is located at the northeast comer on the east wall, and the rear entrance is
located at the southwest corner, on the soUth wall. The odd numbered dwelling units
are located on the north side of the building. A more detailed description of the
structure and the related site improvements are as follows.
Gross Building
Area:
3,168 SF Per Floor x Three Floors = 9,504 SF GBA.
11 One-Bedroom Units and One Studio Unit.
1 BR; 18' x 30.5' ... 549 SF (Interior Dimensions)
Studio; 17.8' x 16.8' - 2.5' x 5.5' ... 284 SF (Interior
Dimensions)
9,504 SF GBA + 12 792 SF average unit size with
common areas.
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Unit Size:
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Quality of
Construction:
Average
1963 ... 39 Chronological Years Old.
Wood, Class D construction.
Brick veneer with intermittent steel trim siding~ Story
height is 9.3'. Total building height is 28'; 23.3' above
grade and 4.7' below grade.
Flat, tar and gravel roof cover over rigid board
insulation. -
Age:
Frame:
Exterior Walls:
Roof:
Windows:
Single pane slider windows in wood sash with metal
combination storms and screens.
PATcmNMESSNER& DoDD
Valuation counselors
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20235-G
IMPROVEMENTS DESCRIPTION
Heat:
Air Conditioning:
Interior Unit Finish:
Common Area
Finish:
Unit Description:
Electrical:
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The heating system is a natural gas fired, hot water
boiler. There is a zone value for each unit in the boiler
room, and each unit has a thermostat in its interior.
Heat is dispersed in the units as weRas in the two
entrances throug~ base board registers.
There is no central air conditioning system in the
building. However, each unit has one wall sleeve air
conditioner.
Carpeted floors in living/dining areas and bedrooms.
Vinyl floor coverings are present in the kitchens and
ceramic tile floor coverings are present in bath rooms.
Wall finish is painted plaster. Ceilings are textured
plaster. Window trim is wood, and doors are hollow
core wood.
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Hall and stairwells include carpeted floors, painted
plaster walls, and textured plaster ceilings. The
laundry room, located on the lower level, has vinyl
floor coverings. The two interior. entry foyers have
quarry floor tiles. . The foyers and stairwells are eight
feet wide, and the central hallways are4'111J wide.
Each of the 1-BR units has a small kitchen, a dining
area, living room, one full bathroom and one bed.room.
There is also a small linen closet and larger stor~ge
closet by the entry door. Incandescent bulbs prOVIde
lighting. Windows have blinds.
With each l-BR unit containing about 565 square feet
of living area and the one studio having 284 square
feet, the total rentable area of all 12 units is therefore
6,499 SF. With a gross building area of 9,504 SF, the
building's rental efficiency is 68%.
A 400 amp 120 volt, three phase electric main serves
the building. Each dwelling unit and the common area
is separately metered and served with what appears to
be a 50 amp circuit breaker. The breaker switches as
well as the electric main are located in the laundry
room. Each dwelling unit also has a fuse box with
seven circuits.
PATCHIN MESSNER & DODD
Valuation counselors
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20235-G
IMPROVEMENTS DESCRIPTION
Plumbing:
Fire Protection:
Security:
Stairwells:
Doors:
Appliances:
Other:
Site Improvements:
Deferred
, Maintenance:
20
The individual units have a kitchen sink, one toilet, one
bathroom sink and one tub/shower unit.
there is one 89 gallon hot water heater located in the
boiler room on the garden level. The laundry room has
a two basin laundry tub, and spigots for one washing
machine. ,
No sprinkler system. Hard-wired smoke_detectors are
located through-out the building
An intercom security system is present. Visitor accesS is
controlled by tenants from their apartment units. An
intercom and door buzzer is located at the front entry,
and in the interio'r of each unit.
The entry .level is split midway between the garden
level basement and first floor. Stairwells are present at
the southwest and northeast corners of the building.
, The front rear entry door is glass with a metal frame.
The rear entry door is wood. The entry doors to each
unit as well as the laundry room are fire rated solid core
wood, ,and the interior doors to the bedrooms and
bathrooms are hollow core wood. The boiler room
door is metal.
Each unit has an electric range, refrigerator, and a hood
fan above the range. The laundry room contains one
coin-operated washer and one coin-operated dryer
which are owned by the landlord. The dryer is gas.
There is no elevator, and each dwelling unit has a small
storage locker located in the laundry room.
Site improvements include an 1 & stall, asphalt parking
lot with perimeter concrete curbing, a 3/4 wood
enclosure for a 'garbage dumpster, a sign, and some
landscaping including a grass lawn, concrete sidewalk,
arid some shrubs and rock cover.
As of the date of valuation, no measurable deferred
maintenance was observed. However, the parking lot
seems to be in fair condition, and some flaking paint
was observed on window frames.
PATCHIN MEssNER & DODD
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IMPROVEMENTS DESCRIPTION
Overall Condition:
Units Inspected:
21
Average. According to the property owner, the roof
was -replaced four years ago. However, the windows
and the boiler seem to be original. Appliances in each
unit have been replaced when needed; a range of ages
therefore exists. . Carpeting has also been replaced
when needed and only when turnover occurs.
Common area carpeting seems to be in good condition.
Unit 14 (Studio), and Unit IS (1-BR).
PATCHIN MEsSNER & DODD
Valuation Counselors
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20235-G
PHOTOGRAPHS OF SUBJECT
Front View - North And East B'uilding Elevations
Rear View - North And East Building Elevations
P ATCHINMEsSNER & DODD
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20235-G
PHOTOGRAPHS ,OF SUBJECT
Rear View - South BUilding Elevation
Laundry Room
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20235-G
PHOTOGRAPHS OF SUBJECT
Typical Kitchen
Typical Bathroom
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.... L.iMr~ED..APPRAISAL, SUMM^:RY REPORT:. .'
1i-UNllAPA~TMENT BUIL~INC:
:: 6528 CEDAR'AVENUE-SOUTH .
. . .
. .RICHFIEL6~' MINN~~~TA
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. .D.ATE C?FREPORT:'"
. :' May '12; 2005"":
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.: City of Ridlfield.. '
'. Comn')unity Dev~l.opmerit Department....
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.47:25 Excelsior ~outevard,. Sui.~e .200. .: :
.. St. Louis Park,MN55416
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: ~un$et Po~ds Office Park. '. .
1396l'.West Preserve Boulev~rd. .
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. Burnsville,. J\i\N 55337 .:< .
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SUMMARY OF SALIENT FAcrS AND CONCLUSIONS
Location:
Owner:
Date of Appraisal:
Date of Inspection:
Rights & Interests
_ Appraised:
Zoning:
Site Data:
Building Data:
Highest & Best Use:
As Vacant:
As Improved:
Value Indications:
Sales Comparison
Approach:
Income Approach
(by Cap Rate):
Income Approach
(by GRM):
Final Conclusion of
_ Market Val ue:
6528 Cedar Avenue South
Richfield, Minnesota
Dean Akins and Ronald Cornwell
May 4, 2005
May 4, 2005
Fee Simple Market Value
C-2, General Commercial
level and rectangulari 15,727 SF
Built in 1963, 12-unit apartment building with 18-stall
parking lot. 11 - 1-BR units and 1 studio. 565 SF interior
unit size 1 SRi 284 SF interior unit size studio; 2.5 story
building heighti 3,168 SF per floof; 9,504 SF Gross Building
Area (792 SF average unit size including common areas).
Office or Regional Commercial Development consistent
with C-2 or PC-2 Zoning .
Continued Use As Improved (12-Unit Apartment Building)
$672,000
$652,000
$658,000
$665,000
PATCHIN I.\1ESSNER & DODD
Valuation Counselors
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SITE DESCRIPTION
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Size:
15,727SF
Shape:
Rectangu lar
142 feet on Cedar Avenue South
Frontage:
Street
Improvements:
Cedar Avenue is surfaced with' bituminous
pavement and has concrete curbs and gutters as
well as streetlights. The pavement is in average
condition, and the speed limit is 30 MPH. Curb
side parking is allowed.
The subject is accessible from Cedar Avenue, and
there is one developed curb cut driveway entrance.
No road median is present, and all turning motions
are possible to arrive at and leave the property.
The soils appear stable and suitable for typical
construction practices. However, we have not
reviewed . soils tests or engineering data in
conjunction with this appraisal assignment.
The subject is generally level and at street grade
with Cedar Avenue. There are some mature trees.
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Soils:
rerrain:
Flood Hazard:
The subject is not located in a flbod zone, a Zone C
cI assification.
Util ities:
All public utilities are available to the site including
phone; electric, natural gas, municipal water and
sanitary sewer. An in-ground storm sewer system is
present throughout the subject's neighborhood.
Easements &
Encumbrances:
We are not aware of any easements or
encumbrances, which would have a deleterious
impact on the market value of the subject.
However, we have not conducted a title' search in
conjunction with this appraisal assignment. Any
street easement for Cedar Avenue is assumed to be
taken in fee. A utility easement seems to encumber
the rear of the site. .
PATCHiN MESSNER & DODD
Valuation Counselors
20536A
14
IMPROVEMENTS DESCRIPTION
The subject site is improved with a 2.5 story apartment building whiCh contains 11
one-bedroom units and one studio or efficiency unit. The' upper two floors each have
four 1-BR units, and the lower garden level (which is partially below grade) has three
1-BR units, the studio unit and the laundry/boiler rooms. The common area stairwells
are located in the southeast and northwest corners of the building, and there is a
common area hallway connecting them. the dwelling units are located both to the
north and south of the centrally located common area. The front entrance to the
building is located at the southeast corner on the east walt and the rear entrance is
located at the northwest corner, on the north wall. The odd numbered dwelling units are
located on the north side of the building. A more detailed description of the structure
and the related site improvements are as follows.
Gross Building
Area:
3,168 SF Per Floor x Three Floors = 9,504 SF GBA.
11 One-Bedroom Units and One Studio Unit.
1-BRi 18' x 30.5' = 549 SF (Interior Dimensions)
Studioi 17.8' x 16.8' - 2.5' x 5.5' = 284 SF (Interior
Dimensions)
9,504 SF GBA + 12 = 792 SF average unit size with
common areas.
Unit Mix:
Unit Size:
Quality of
Construction:
Average
1963 = 42 Chronological Years Old
Wood, Class D construction
Brick veneer with intermittent steel trim siding. Story
height is 9.3'. Total building height is 28'; 23.3' above
grade and 4.7' below grade.
Flat, tar and gravel roof cover over rigid board
insulation '
Age:
Frame:
Exterior Walls:
Roof:
Windows:
Single pane slider windows in wood sash with metal
combination storms and screens
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IMPROVEMENTS DESCRIPTION
Heat:
Air Conditioning:
Interior Unit Finish: .
Common Area
Finish:
Unit Description:
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The heating system isa natural gas firedl hot water
.boiler. There is a zone value for each unit in the boiler
room, and each unit has a thermostat in its interior.
Heat is disper$ed in the units as well as in the two
entrances through base board registers.
There is no central air conditioning system in the
building. However, each unit has one wall sleeve air
conditioner.
Carpeted floors in living/dining areas and bedrooms.
Vinyl floor coverings are present in the kitchens and
ceramic tile floor coverings are present in bath rooms.
Wall finish is painted plaster. Ceilings are text~red
plaster. Window trim is. wood,. and doors are hollow
core wood.
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Hall and stairwells include carpeted floors, painted
plaster walls,' and_ textured plaster ceilings. The
laundry room, located on the lower level, has vinyl
floor coverings. The two interior entry foyers have
quarry floor tiles. The foyers and stairwel!s are eight
feet wide, and the central hallways are 4'11" wide.
Each of the l-BR units has a small kitchen, a dining
area, living room, one full bathroom and one bedroom.
There is also a small linen closet and larger storage
closet by the entry door. Incandescent bulbs provide
lighting. Windows have blinds.
With each 1-BR unit containing about 565 square feet
of 'living area and the <?ne studio having 284 square
feet, the total rentable area of all 12 units is 6,499 SF.
, With a gross building area of 9,504 SF, the building's
rental efficiency is therefore 68%. .
A 400 amp 120 volt, three phase electric main serves
the building. Each dwelling unit and the common area
is separately metered and served with what appears to
be a 50 amp circuit breaker. The breaker switches as
well as the electric main are located in the laundry
room. Each dwelling unit also has a fuse box with
seven circuits.
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Valuation Counselors
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iMPROVEMENTS DESCRIPTION
Plumbing:
Fi re Protection:
Secu rity:
Stairwells:
Doors:
Appliances:
Other: '
Site Improvements:
Deferred
Maintenance:
The individual units have a kitchen sink, one toilet, one
bathroom sink and one tub/shower unit. .
There is one 89 gallon hot water heater located in the
boiler room on the garden level. The laundry room has
a two basin laundry tub, and spigots for one washing
machine.
No' sprinkler system. Hard-wired smoke detedors are
located through-ollt the building.
An intercom security system is present. Visitor access is
controlled by tenants from their apartment units. An
intercom and door buzzer is located atthe front entry,
and in the interior of each unit.
The entry level is split midway between the garden
level basement and first flbor. Stairwells are present at
the southeast and !1orthwest corners of the building. .
The front rear entry door is glass with a metal frame.
The rear entry door is wood. The entry doors to each
unit as well as the, laundry room are fire rated solid core
wood, and the interior doors to the bedrooms and
bathrooms are hollow core wood. The boiler room
door is metal.
Each unit has an electric range, refrigerator, and a hood
fan above the range. The laundry room contains one
coin-operated washer and one coin-operated dryer
which are owned by the landlord. The dryer is gas.
There is no elevator, and each dwelling unit has a small
storage loc~er located in the laundry room.
Site improvements include an 18 stall, asphalt parking
lot with' perimeter concrete curbing, a 3/4 wood
enclosure for a garbage dumpster, and sOll1e
landscaping including a grass lawn, concrete sidewalk,
and some shrubs and rock cover.
As of the date of valuation, no measurable deferred
maintenance was observed.
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Average. According to the property owner, t~e roof
was replaced approximately 5 years ago, however, the
windows and the boiler seem to be original.
Appliances in each unit have been replac~d as needed;
a range of ages therefore exists. Carpeting has also
been replacea when needed and only when turnover
occurs. Common area carpeting seems to be in good
condition.
Overall Condition:
Units Inspected:
Unit#4 (Studio), Unit #7 and Unit #10 (1-BR's)"
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PHOTOGRAPHS OF SUBJECT
Front View - South And East Building Elevations
Rear View - North And West Building Elevations'
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PHOTOGRAPHS OF SUBJECT
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Common Area 'StalrWelf
Laundry Room
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PHOTOGRAPHS OF SUBJECT
Typical Living Room
Typical Bedroom
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18966.01.00
ATTACHMENT 2
Page 1
Attachment No. Title Rev. No.
2 Asbestos, Lead-Based Paint and Hazardous Materials Abatement 0
Requirements
ASBESTOS, LEAD-BASED PAINT AND
HAZARDOUS MATERIALS
ABATEMENT REQUIREMENTS
STRUCTURES TARGETED FOR DEMOLITION
6400 CEDAR A VENUE SOUTH
6520 CEDAR A VENUE SOUTH
ro28 CEDAR AVENUE SOUTH
Prepared for:
SRF Consulting GroupJ Ine.
&
Housing and Redevelopment Authority in and for the
City of RichfieldJ Minnesota
April 1 0 I 2006
AS/lestos, Lead-BaS(1d Paint and HaztlJ'dolls Malerials Abatement Reqllirements - Peer # 15077
6400,6520 tlnd 6528 Cedar AVeIlllc SOl/lh, Riclrfidd, MN
ASBESTOS, LEAD-BASED PAINT AND
HAZARDOUS MATERIALS ABATEMENT REQUIREMENTS
STRUCTURES TARGETED FOR DEMOLITION
6400 CEDAR AVENUE SOUTH
6520 CEDAR A VENUE SOUTH
6528 CEDAR A VENUE SOUTH
(Peer File 4i 15077)
Prepared for:
SRF Consulting Group, Inc.
One Carlson Parkway North, Suite 150
Minneapolis, Minnesota 55447
_&
Housing and Redevelopment Authority in and for the City of Richfield, Minnesota
6700 Portland Avenue South .
Richfield,Milxnesota55423
Prepared by:
Peer Engineering, Inc.
4801 West 81st Street, Suite 118
Bloomington, Minnesota 55437
(952) 831-3341
Apri110, 2006
Peer Engineering, Inc.
Aslleslos, L(~ad-Btls(!d PIlil11 and HaZtlrdol/s Materials AbalellwJlI Requirelllt!l1ls - Peer # 15077
6400,6520 IJlld 6528 Cedar AnemIe $ol/Ih. Richfield, MN
ii
TABLE OF CONTENTS
SECTION 1 - GENERAL RE Q VIREMENT S ...................... ...................... ....... ......... ...... ............... 1
1.01 PROJECT LOCATION ................. ....... ..... ......... ......... ............ ................ ........ ................. 1
1.02 GENERAL WORK DESCRIPTION ....... ........ .......... ............ ....... ................ ........ .......... 1
1.03 BID SUBMm ALS....... ..... .......... ......... ............. .......... ............ ....... ......... ........ ....... .......... 2
1.04 PERMITS, FEES, PATENTS ............. ............... ......... ............,.. ..... ................ ....... ....... .... 3
1.05 OWNER INSPECTIONS. .......... ....... ....... ................. ......... ...... ..... ......... ........ ..... ..........:. 3
SECTION 2 - ASBESTOS ABATEMENT ..........................11...........................................................4
2.01 SITE WORK...................... ... ................................. ........................... ........................ .......... 4
SECTION 3 - HAZARDOUS MATERIALS REMOV AL............................................................. 5
3.01 GENERAL:........................ .................. .................................................................... ......... 5
3.02 FLUORESCENT LIGHT BALLASTS .................................. ........ ......... .... ........ ...... ....... 5
3.03 FLUORESCENT LAMPS. .......... ....... ....... ........... ...... ................. ................... ..... ........ ..... 5
3.04 MERCURY SWITCHES AND COMPONENTS.......................................................... 6
3.05 REFRIGERANT COMPONENTS ... ..;........... ........................... ................... ......... ......... 6
3.06 OTHER IDENTIFIED MATERIALS ............................................................................. 6
3.07 TRANSPORT AND OFF-SITE DISPOSITION .....................................................:......7
Attachment 1 - Hazardous Material Inventory Summary Forms
Attachment 2 - Guidance for the Removat Transport, and Disposal of Category I
Asbestos-Containing Materials
Peer Engineering, Inc.
Asbestos, Leila-Based Paint ana HIlZilraOIlS J\ilaterials Abatemcnt Reqllirclllellts - Peer #15077
6400,6520, IInd 6528 Cedar A7Jemll~ SOlllh, Richfield, MN
Page 1
SECTION 1 - GENERAL REQUIREMENTS
1.01 PROJECT LOeA TION
The project is located at 6400, 6520, and 6528 Cedar Avenue South in Richfield,
Minnesota. Three multi-unit apartment buildings occupy the properties. The project
includes required asbestos and hazardous materials abatement at the three properties to
prepare the buildings for demolition.
1.02 GENERAL WORK DESCRIPTION
A. This document is intended to be an attachment to Demolition Specifications
prepared by ot~ers.
B. For purposes of this document, the term "Owner" is defined as the Housing and
Redevelopment Authority in and for the City of Richfield/Minnesota (BRA).
C. A Hazardous Material Inventory was previously completed for each of the three
properties. The results were presented in separate reports prepared by Peer
dated October 12, 2005, November 8, 2005, and January 27, 2006, respectively.
The work performed as part of the hazardous materials inventories was
completed to meet the following objectives:
1. Identify friable and non-friable asbestos-containing materials (ACM) at
the property as defined by the Environmental Protection Agency (EPA),
Minnesota Pollution Control Agency (MPCA), and the Minnesota
'Department of Health (MDH).
2. Identify regulated ACM (friable or non-friable) at the properties that
could become friable during demolition activities, and according to
current State and Federal regulations, would require abatement prior to
initiating demolition activities.
3. Inventory potentially hazardous materials that should be removed and
properly disposed prior to initiating demolition activities.
4. Identify surfaces that contain lead-based paint in poor condition that
should be stabilized prior to initiating demolition activities.
Peer Engineering, Inc.
AS/leslos, Lel1d"Based Paint /I/ld Hazardous Materials Abatelllelll R(~qllirel1lel!ls - p(?(?/" # 15077
6400, 6520,tlnd 6528 Cedar A7IellllC'. Sot/th, R.ichfieJd, MN
Page 2
The ACM and hazardous materials that were identified at the properties are
summarized in the Hazardous Materials Inventory Summary Forms included in
Attachment 1. No painted, glazed or stained surfaces in poor condition were
observed on the three structures. Therefore, no testing for lead-based paint was
cond ucted.
D. The three buildings are targeted for demolition in preparation for redevelopment
by the HRA. This docmnent addresses the complete removal and disposition of
the ACM and hazardous materials as indicated on the Hazardous Materials
Inventory Summary Forms included as Attachment 1.
E. The work included in this document includes the furnishing of all labor,
materials, appliances, and services required and necessary for the prompt and
satisfactory completion of the ACM and hazardous materials abatement work
required by this document.
F.
The materials identified and the quantities listed in the Hazardous Material
Inventory reports reflect those items visible at the time of the survey. There is a
potential for unidentified suspect materials to be present and uncovered during
demolition activities. Any unidentified suspect materials that are encountered
should be assumed to contain asbestos until they are sampled and analyzed.
Any suspect ACM not sampled must be assumed to contain asbestos until
sampling and testing is performed for those materials. The Contractor shall be
responsible for appropriate removal and disposal of any unidentified suspect
materials encountered.
.
1.03 BID SUBMITTALS
A. Company information for the selected Asbestos Abatement Contractor including,
but not limited to~ company name, address, telephone and fax numbers,
company experience, and a minimum of three references.
B. Copy of the Asbestos Abatement Contractor's current Minnesota Department of
Health Asbestos Abatement Contractor License.
C. The Owner shall have the authority to reject any subcontractors of the Contractor
based on a review of experience and/ or references. Such approval shall not be
unreasonably withheld.
.
Peer Engineering, Inc
Asbestos, Lead-Based Pllint and Hazardolls Malrmcrls Avatemellt Requiremellfs - Peedl1S077
6400,6520, /lnd 6528 Cedar Ar'el1l1e SQuth, Richfield, MN
Page 3
1.04 PERMITS, FEES, PATENTS
A. Contractor shall pay for aU Permits required by the City and any other
Governmental Agencies havi~lg jurisdiction. .
B. Contractor shall be responsible for maintaining all licenses as pertains to this
project.
C. The MDH and MPCA notification and project fee requirements will apply.
1.05 OWNER INSPECTIONS
Contractor shall notify Owner upon completion of the abatement and removal work
required by this document prior to initiating demolition. The Owner or Owner's
representative will access each property to verify that the items addressed by this
document have been addressed satisfactory.
END OF SECTION 1
Peer Engineering, Inc.
Asbestos, Lead-Based Paint ami Hazardous Materials Aba/ell/w! Requiremenls - Peer # 15077
6400,6520, and 6528 Cedar Avenue Soulh, Richjiefd, MN
Page 4
SECTION 2 - ASBESTOS ABATEMENT
2.01 SITE WORK
The Contractor shall retain a licensed asbestos abatement contractor to conduct the
following activities associated with th.e abatement of identified asbestos-containing
materials (ACM) in accordance with current State and Federal regulations and
standards:
.. Licenses, permits and notifications.
.. Work area preparation.
.. Medical monitoring.
+- Personnel protection.
+- Removal ofACM (as required for demolition).
.. Decontamination.
.. Air monitoring.
+- Handling and disposal of asbestos waste.
The identified ACM or assumed ACM at each property is described in the Hazardous
Materials Inventory Summary Forms included in Attachment 1.
All regulated friable and potentially friable ACM, including Category II non-friable
ACM, must be appropriately removed and disposed of prior to initiation of any
demolition activities that could disturb the ACM. Category I non-friable ACM is
allowed to remain in place during demolition, but must be segregated and disposed of
as asbestos-containing waste. A copy of the MPCA guidance document Guidance far the
Removal, Tra11.Spo1't, and Disposal of Category I Asbestos-Containing Materials is included as
Attachment 2.
TI1e Contractor shall assume full responsibility and liability for the compliance with all-
applicable Federal, State, and local regulations, and standards pertaining to work
practices, hauling and disposal of ACM, and protection of workers, visitors to the site,
and persons occupying areas adjacent to the site. The Contractor is responsible for
providing medical examination and maintaining medical records of personnel as
required by the applicable Federal, State, and local regulations.
END OF SECTION 2
Peer Engineering, Inc.
Ashes/os, Lead-8ased Pah1f and Hazardous Malerials Abatelllellll?l!quirf.l1lel1/s - Peer # 15077
6400,6520, tlnd 6528 Cedar Ave/me SOl/III, l?iclifieid, MN
Page 5
SECTION 3 - HAZARDOUS MATERIALS REMOV AL
3.01 GENERAL
Hazardous, or potentially hazardous, materials and equipment identified at the
pl'Operties areIisted in the Hazardous Materials Inventory Summary Forms included in
Attachment 1.
3.02 FLUORESCENT LIGHT BALLASTS
A. All fluorescent light fixture ballasts located within the structures are assumed to
be manufactured prior to 1978 and may contain PCBs.
B. Contractor shall remove and dispose of the ballasts from all fluorescent light
fixtures located within the structures.
C. Unless the ballast has a "No PCBs" label, Contractor shall assume the ballasts
contain PCBs and shall containerize and dispose .of the ballasts as a hazardous
waste.
D. Any ballasts with a "No PCBs" label may be segregated and disposed of by
Contractor as a non-hazardous solid waste, as appropriate. All ballasts with a
"No PCBs" label require removal and disposal by Contractor.
E. Contractor shall arrange for packaging, labeling, pickup, transport and disposal
o! the removed ballasts at a permitted disposal facility.
3.03 FLUORESCENT LAMPS
A. The fluorescent lamps identified in the light fixtures shall be removed and
recycled by Contractor.
B. Contractor shall utilize a qualified recycling facility for this work.
C. Contractor shall arrange for packaging, labeling, pickup, transport and recycling
of the fluorescent lamps at the selected facility.
Peer Engineering, rne.
Asbestos, Lead-Based Paint (lnd J-IllZllrdolls Matllrials A/IlI/ell/eII/ Rel]uireJ/leJlls - Peer /t15077
6400,6520, and 6528 Cedar ApCIlue Sou/Ii, Richfield, MN
Page 6.
3.04 MERCURY SWITCHES AND COMPONENTS
A. The identified mercury switches and components shall b~ removed and recycled
by Contractor.
B. The mercury-containing portion of the switches and components shall be
removed intact. Contractor shall utilize care to ensure that breakage of the
components does not occur.
C. Contractor shall identify and utilize a qualified recycling facility for this work.
D. Contractor shall arrange for packaging, labeling, pickup, transport and recycling
of the mercury switches and components at the selected facility.
3.05 REFRIGERANT COMPONENTS
A. Man-made refrigerants such as chlorofluorocarbons (CFCs) and
hydro chlorofluorocarbons (HCFCs) must not be released into the atmosphere.
B. These refrigerants must be recovered by technicians certified by an EP A-
approved program using proper refrigerant recovery equipment.
3.06 OTHER IDENTIFIED MATERIALS
A. Contractor shall address all other items potentially containing hazardous
substances as identified in Attachment L
B. Contractors shall remove the identified material, affected component, or entire
appliance for off-site disposal or recycling, as appropriate.
C. If required by the end facility, Contractor shall complete any sampling and
laboratory testing of potentially hazardous materials requiring off-site disposition
for this project.
Peer Engineering, Inc.
Asbestos, Lead-Based Pain! and HazllrdOl/S Materials Abafeml?nll{equiremellls - Peer # 15077
6400,6520, and 6528 Cedar AlIelllle SOlltll, Richfield, MN .
Page 7
3.07 TRANSPORT AND OFF-SITE DISPOSITION
A. Contractor shall comply with applicable federal, state, and local regulations
concerning shipping materials.
B. Conh'actor shall secure materials in transport vehicles/containers in accordance
with regulations governing transportation of these materials.
C. If required by the end facility, Con.tractor shall complete any sampling and
laboratory testing of potentially hazardous materials requiring off~site disposition
for this project.
D. Contractor shall provide and prepare m.anifests as required for the transport and
disposal of the removed materials. Shipping manifests shall be of a form acceptable
to the State of Minnesota and the state to which the material is destined. The
Contractor shall completely and properly prepare the manifests. The Owner or an
authorized agent of the Owner will sign all manifests.
E. Contractor shall transport materials for off-site disposition as follows:
1. Transport material removed from the Site directly to the selected disposal or
recycling facility.
2, Comply with applicable requirements of regulatory publications including, but
not limited to 49 CFR 171, 49 CFR 172, 49 CPR 173,49 CFR 174, 49 CFR 176, and
49 CPR 177,
3. Mark and placard shipments in accordance with DOT, 40 CPR 262, and 40 CFR
279 requirements.
4. Employ transport vehicle operators trained in conformance with federal, state
and local regulations for hazardous materials haulers.
F. Contractor requirements for off-site disposition are as follows:
1. Dispose or recycle materials handled under this document at licensed or
permitted facilities.
2, Storage, treatment and disposal facilities used for hazardous wastes shall at a
. minimum have all appropriate permit(s) and operating licensees) as required by
all local, state and federal agencies governing such facilities for the specific
wastes to be stored, treated, or disposed of under this contract.
Peer Engineering, Inc.
A::l1estos, Lead-Based Paint alld Htl'zardolls Materials AbatemeJJt Reqllireme/l/s - Peer #15077
6400, 6520, alltl 6528 Cedar Avellue 501/[11, Riclifield, MN
Page 8
3. Facilities accepting hazardous or TSCA-regulated wastes from the site shall
have a current, valid hazardous waste facility permit from EPA or the
respective state where located, and shall meet or exceed the requirements of the
federal regulations governing the respective disposal facilities.
4. Facilities accepting solid waste from the site shall have a current, valid solid
waste facility permit from the respective state where located and shall meet or
exceed the requirements of the federal regulations governing solid waste
disposal facilities.
5. Disposal and recycling facilities selected by the Contractor are subject to
approval by the Owner.
END OF SECTION 3
Peer Engineering, Inc.
ATTACHMENT 1
. HAZARDOUS MATERIALS INVENTORY
Address:
6400 Cedar Avenue South
Richfield, MN
A hazardous materials inventory report was completed for the above referenced apartment building by Peer
Engineering, Inc. (Peer) on January 27, 2006. The report was prepared to identify asbestos-containing materials
(ACM), potentially hazardous materials and deteriol'ated lead-based paint. Reference should be made to the report
for limitations on the inventory process and for identification and sampling results of all suspectACM and
deteriorated lead-based paint.
Asbestos-Containi1tg Matetials
The following ACM was either identified or assumed:
ACM Description/Location Estimated Quantity Friable Condition
(Visible) (F)jNon-
Friable (NF)
Black and cream mastic associated with white square 11 0 ft2 NF- Good
w /blue flower design linoleum/ Apartment 2 Category I
9" x 9" gray/tan/brown mottled floor tile and associated 600 ft2 NF- Good
mastic/ Apartments 1 and 2, front stair and hallway, and Category I
upper level storaJ;e room
Black mastic associated with 9" x 9" tan w /white and 72 ft2 NF- Good
gray streaks floor tile/Upper level storage room Category I
Black mastic associated witll1" x I" white ceramic 84 ft2 NF- Good
tile/Bathrooms of Apts. 1 and 2 Category I
Brown grout associated with 4" x 4" white ceramic 385 f1.-2 NF- Good
tile/Bathrooms of all the apartments Category I
Transite door trim/Upper level storage room 16 ft NF- Good
CategolY II .
Linoleum sheet flooring/ north and south side entry and 100 ft2 F Good
stairwells (Assumed)
All regulated friable and potentially friable ACM, including Category II non-friable ACM, must be appropriately
removed and disposed prior to initiation of any demolition activities that could disturb the ACM. Category I non-
friable ACM is allowed to remain in place during demolition, but must be segregated and disposed of as asbestos-
containing waste.
6400 Cedar Avenue South
Page 2
Hazardous Mate17.als
The following potentially hazardous equipment and materials were identified:
Equipment/Material Quantity Location
Thermostat 4 Living units
Smoke detector 4 Living units
Water heater 1 Mechanical room
Furnace 4 Mechanical and storage rooms
Air conditioner units 4 Living units
Refrig-erators 3 Living units
Stoves 4 . Living units
Laundry washing unit 1 Laundry room
Laundry drying unit 1 Laundry room
Hydraulic door closers 8 Throughout
Fire extinguisher 2 . Common areas
Hazardous equipment and materials must be appropriately removed, recycled, or disposed prior to building
demolition.
Lead-Based Paint
111e quantities listed in this inventory reflect those items visible at the time of the survey. All quantities in this
inventory are estimations and should not be considered exact measurements when used for obtaining abatement
bids.
HAZARDOUS MATERIALS INVENTORY
Address:
6520 Cedar Avenue South
Richfield, MN
A hazardous materials inventory report was completed for the above referenced apartment building by Peer
Engineering, Inc. (Peer) on Odober 12; 2005. The report was prepared to identify asbestos-containing materials
(ACM), potentially hazardous materials and deteriorated lead-based paint. Reference should be made to the report
for limitatiol1s on the inventory process and for identification and sampling results of all suspect ACM. and
deteriorated lead-based paint.
Asbestos-Containing Materia.ls
The following ACM ,.vas either identified or assumed:
ACM DescriptionjLClcation Estimated Quantity Friable Condition
(Visible) (F)jNon-
Friable (NF)
9" x 9" tan with white streaks floor tile/Laundry Room 270 ft2 NF- Good
Category I
9" x 9"brown with tan and black streaks floor tile/West 160 ft2 NF- Good
stairwell Category I
9" x 9" tan and brown mottled floor tilej Apartments 1 500 ft2 NF- Good
thru 4, 6 tll1'U 9, 11, and 12 Category I
Bottom floor tile under 12" x 12" floor tilej Apartment 1. 120 ft2 NF- Good
Category I
12/f x 12" beige stone pattern floor tilej Apartment 10 120 ft2 NF- Good
. Category I
12" x 12/f red six-inch squares pattern fIoor tile and 65 ft2 NF- Good
associated black masticjEast stairwell Catel!:ory I
All regulated friable and potentially friable ACM must be appropriately removed and disposed prior to initiatiol1
of any demolition activities that could disturb the ACM. Category I non-friable ACM is allowed to remain ill place
during demolition, but must be segregated and disposed of as asbestos-containing waste.
Hazardous Materials
The following potentially hazardous equipment and materials were identified:
EquipmentjMaterial Quantity Location
Thermostat 12 Living units
Smoke detector 12 Living units
Water heater 1 Mechanical room
Furnace 1 Mechanical room
Air conditioner units 2 Living units
Hydraulic door closers 5 Throughout
Exterior high intensity lights 2 Exterior
Fluorescent lamp fixtures with ballasts 10 Throughout
Fluorescent lamps 10 Throughout
Hazardous equipment and materials must be appropriately removed, recycled, or disposed prior to building
demolition.
6520 Cedar Avenue South
Page 2
Lead-Based Paint
No painted, glazed 01' stained surfaces in poor conditioll were observed on the structure. Therefore, 110 testing for
lead-based paint was conducted.
Limitations
The quantities listed in this inventory reflect those items visible at the time of the survey. All quantities in this
inventory are estimations and should not be considered exact measurements when used for obtaining abatement
bids.
HAZARDOUS MATERIALS INVENTORY
Address:
6528 Cedar Avenue South
Richfield, MN
A hazardous materials inventory report was completed for the above referenced apartment building by Peer
Engineering, Inc. (peer) on November 8,2005. The report was prepared to identify asb~stos-containing materials
(ACM), potentially hazardous materials and deteriorated lead-based paint. Reference should be made to the report
for limitations on the inventol'y process and for identification and sampling results of all suspect ACM and
deteriorated lead-based paint
Asbestos-Containing Materials
The following ACM was either identified or assumed:
ACM Description/Location Estimated Quantity Friable Condition
(Visible) (F)/Non-
Friable (NF)
Bottom floor tile and associated black mastic under 12" x 130 ft2 NF- Good
12" floor tilej Apartme.nt2 Category I
Bottom floor tile and associated black mastic under 12" x 80 ft2 NF- Good
12" floor tile/ Apartment 4 Category I
Bottom floor tile under 12" x 12" floor tiJe/ Aparbnent 7 130 ft2 NF- Good
CateJ?:orv I
Bottom floot' tile under 12" x 12" floor tile/ Apartment 9 130 ft2 NF- Good
CateJ?:orv I
12" x 12" brown wood-grain floor tile/ Apartment 11 130 ft2 NF- Good
CategorvI
12" x 12" red 4-square floor tile/East stairwell 65 ft2 NF- Good
Category I
9" x 9" beige with tan spots floor tile! Apartments 3, 5, 6, 650 ft2 NF- Good
8, 9, 11, and 12 Category I
9" x 9" brown/ tan! green mottled floor tile and associated 150 ftl NF- Good
black mastic/Laundry room Category I
9" x 9" tan floor tile and associated black mastic/West 160 ft2 NF- Good
stah'WeII Category I
9" x 9" brown floor tile/West stairwell 4ft2 NF- Good
Category I
Brown mastic associated with 4/1 x 4" white ceramic 1,500 ft2 NF- Good
tile/Bathrooms of all apartments CateJ?:orv I
Black tar around vents on the roof 30 ft NF- Good
Categorv I
Roof flashing material around the perimeter of the roof 500 ft2 NF- Good
Category I
All regulated friable and potentially friable ACM must be appropriately removed and disposed prior to initiation
of any demolition activities that could disturb the ACM. Category I non-friable ACM is allowed to remain in place
dming demolition, but must be segregated and disposed of as asbestos-containing waste.
6528 Cedar Avenue South
Page 2
Hazardous Materials
The following potentiaIIy hazardous equipment and materials were identified:
Equipment/Material Quantity Loca tion
Fluorescent lamp fixtures with ballasts 15 Throughout
Fluorescent lamps 15 Throughout
Air conditioner units 7 Living units
Thermostat 12 Living units .
Smoke detector 12 Living units
Water heater 1 Mechanical room
Furnace 1 Mechanical room
HvdmuIic door closers 7 Throughout
Exterior high intensity lights 2 Exterior
Hazardous equipment and materials must be appropriately removed, recycled, or disposed prior to building
demolition.
Lead-Based Paint
No painted, glazed or stained surfaces in poor condition were observed on the structure. Therefore, no testing for
lead-based paint was conducted. .
Limitatiotts
The quantities listed in this inventory reflect those items visible at the time of the survey. All quantities in this
inventory are estimations and should not be considered exact measurements when used for obtaining abatement
bids.
[ATTACHMENT 2
~
-- .. -;..
Minnesota
Ponution
Control
Agency
Metro District,
Regular
F acUities
Section
Guidance for the Removal, Transport,
and Disposal of Category I
Asbestos-Containing Materials
Air Quality/Asbestos Program/#4.04/December 2000
This document offers guidance on the
removal, transpOli, and disposal of
Category I Asbestos-Containing Materials
(ACM) as defined by the asbestos National
Emission Standards for Ha7..ardous Air
Pollutants (asbestos NESHAP), 40 Code of
Federal Regulations (CFR) pt. 61, subp. M,
which has been incorporated into Minn.
R.7011.9920.
What is Category I ACM
Category r ACM consists of asbestos-
containing gaskets, resilient floor coverings
(including vinyl asbestos tile and linoleum),
and asphalt roofing products that contain
greater than one percent asbestos using the
method described in appendix A, subpart F,
40 CFR Part 763, section 1, Polarized Light
Microscopy.
When does the Asbestos
Neshap Apply
Category I ACM is regulated by the
asbestos NESHAP if it is or will become
friable due to the forces expected to act on
it. Friable ACM is any ACM that can be
crushed, crumbled, pulverized, or reduced to
powder by hand pressure when dlY. Also,
any sanding, cutting, grinding, abrading, or
intentional burning of CategOlY I ACM will
render the ACM regulated.
Category I ACM that is subjected to forces
or removal methods that would crush,
crumble, pulverize, or reduce the Category I
ACM to a powder by sanding, cutting,
grinding, or abradilig, including the use of
mechanical chippers, is considered
Regulated Asbestos-Containing Material
(RACM) and therefore, must be removed by
licensed asbestos abatement contractors
using specific work practice controls.
If any of the demolition materials are to be
recycled it is necessaty to remove any
Category 1 ACM that may be present. The
recycling process could result in previously
nonfriable Category I ACM becoming
crushed, crumbled, or reduced to a powder.
If the Category I ACM is not removed prior
todemoIition then the building materials
containing, mixed in "\lith, or coated with
Category I ACM may not be used for
recycle.
Removal of Category I ACM
The first consideration in your renovation
must be the detenllination of what materials
are present that contain asbestos. Certain.
building materials have been known to
contain asbestos (Le. 9"X 9" floor tiles), but
others must be tested to detelll1ine if the
material contains asbestos. Once you have
identified a Category I ACM in your
renovation, the next consideration is the
method of removal. If the removal involves
quantities greater than 160 square feet, then
the following procedures must be followed:
A) Fliable ACM must be removed by
licensed asbestos removal contractors.
Category 1 ACM that is able to be
crushed or crumbled by hand pressure is
friable. This detel111ination must be
made prior to any other regarding the
w-sw4-04
Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, Minnesota 55155-4194
(651) 296-6300, toll-free (800) 657-3864, TTY (651) 282-5332 or (800) 657-3864
This material can be made available in alternative formats for people with disabilities.
@ Printed on recycled paper containing at least 20 percent fibers from paper recycled by consumers.
~ Minnesota Pollution Control.Agency
-- Metro District, Regular Facilities Section
removal of the Category I ACM. The Minnesota
Pollution Control Agency (MPCA) and the U.S.
Environmental Protection Agency maintain that in
most cases the asbestos-containing paper backing of a
linoleum product is considered to be friable material.
If you elect to remove non.fi-fable Category I ACM the
removal must be done in such a manner that it does
not cause the CategOlY I ACM to be crushed,
crumbled, pulverized, or reduced to powder or subject
the ACM to any sanding, cutting, grinding, or
abrading rendering the Category I ACM to become
RACM. Examples of removal methods that would
render the CategOlY I ACM to RACM are shot
blasting, mechanical chipping, intentional burning, or
specific grinding, sanding, cutting, or abrading,
B) Nonfriable CategOlY I ACM that is removed by hand
tools and not subject to extensive breakage may be
removed by nonlicensed contractors. The removal
must be c.areful to keep the Category I ACM as intact
as possible. For example, the use of solvents, heat
machines, or dry ice to loosen CategOlY I ACM
nonfriable floor tiles are examples ofrellloval methods
that are not likely to cause the Category I ACM to
become RACM.
C) The MPCA reminds you that asbestos removal
projects may be subject to other applicable rules and
regulations regarding asbestos removal and disposal.
Removal of asbestos is also governed by:
1) 29 CFR Palis 1910 et. aI., Occupational Safety
and Health Administration (OSHA) laws; and
2) Minn. R. 4620.3000 - 4620.3700, Asbestos
Abatement Rules, administered by the Minnesota
Department of Health. For more info call
(651) 215-0900.
D) The cletel111ination of who is allowed to remove
CategOlY I ACM is dependent on the removal method
used and the quantity of ACM involved_ Proceeding
with an incorrect understanding of applicable rules,
regulations, or standards could lead you to be out of
compliance and subject you to an enforcement action
that could potentially include monetary penalties.
Air Quality/Asbestos Program/#4.04/December 2000
Packaging and Transport of Category I
ACM
A) All Asbestos-Containing Waste Material (ACWM)
must be adequately wet, packaged in leak-tight
containers, and appropriately labeled with asbestos
waming signs and waste generator labels.
B) The MPCA recommends that all Category I ACM be
packaged and transported in the same manner as
RACM and reminds you that approved landfills will
only accept ACWM that has been properly wetted,
packaged, and manifested.
C) Some types of Category I ACM may have sharp edges
and will need to be packaged to avoid any further
breakage of the ACWM or puncturing or tearing of the
containers.
D) Asbestos is considered a hazardous air pollutant and a
class 9 hazardous waste. Proper labeling and
transportation of ACWM includes identification of it
as a class 9 hazardous waste and proper placards
placed on the vehicle during the loading and
unloading of ACWM.
Disposal of Asbestos-Containing Waste
Material
A) All ACWM must be disposed of at a site approved by
the U.S. Environmental Protection Agency which is
operated in accordance with 40 CFR ~ 61.154.
B) For a complete listing of landfills cun'ently approved
to receive ACWM in Minnesota, please contact the
MPCA asbestos team.
Category I ACM in Demolition Projects
CategOlY I ACM may remain in place during 1101mal
demolition as long as the Category I ACM is nonfi'iable, in
good condition, and willllot specifically besubjected to
sanding, cutting, grinding, abrading, or intentional
bUl11il1g. As a reminder, you are advised that all ACM
other than Category I ACM cannot remain in place for
demolition and must be removed prior to demolition or
any activity that would break up, disturb, dislodge, 01'
preclude access to the material.
Guidance for the Removal, Transport, and Disposal of
Category f Asbestos-Containing Materials
Page 2
~ Minnesota Pollution Control Agency
- Metro District, Regular Facilities Section
Air Quality/Asbestos Program/#4.04/December 2000
If you have any questions regarding the classification,
removal, transport, disposal, or any questions regarding
asbestos rules, regulations, or standards, please feel free to
contact the MPCA asbestos team at the numbers below:
(651) 296-6300
(800) 657-3864
This guidance document is not intended as a substitute for
reading the rules or regulationsalld making your own
independent determination of its applicability to your
asbestos removal or demolition project. Examples in the
guidance document do not represent an exhaustive listing
of projects or removal methods to which the regulation
might apply.
MPCA Web site: http..:;!www.JL<;a.st.1.t9..!Jln:.JJ.~
Guidance for the Removal, Transport, and Disposal of
Category I Asbestos-Containing Materials
Page 3
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AGENDA ITEM # <1 A
REpORT # 16
STAFF REpORT
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
APRIL 17,2006
REpORT PREPARED By:
BRUCEPALMBORG,DffiECTOR
NAME, TITLE
REpORT PRESENTER:
BRUCE P ALMBORG,DffiECTOR
NAME, TInE
DEPARTMENT DIRECTOR REVIEW: El
REVIEWED BY EXECUTIVE DIRECTOR: 0
ITEM FOR HRA CONSIDERATION:
Consideration of a motion to approve the assignment of a second mortgage for a residential
property at 6244 Harriet Avenue South and the execution of all related documents by the
Executive Director and Board Chair.
I. RECOMMENDED ACTION:
By Motion: Approve the execution of a purchase agreement and
thereby the assignment of the Housing and Redevelopment
Authority's second mortgage at 6244 Harriet Avenue South to C & M
Real Estate Services, Inc. and the execution of all related documents
by the Executive Director and Board Chair.
I II. BACKGROUND I
The Housing and Redevelopment Authority (HRA) holds a second mortgage in the
principal amount of $14,150 on the property at 6244 Harriet Avenue South. It is a
result of Deferred Loan provided in 1998. The first mortgage is in foreclosure and
the redemption period is about to expire. The HRA has been contacted by Mike
Wayman of C & M Real Estate Services, Inc. (C & M) with a request to purchase
the HRA's second mortgage.
Mortgage Assignment - 6244 Harriet Ave S
The C & M proposal is that the HRA execute and deliver to C & M a purchase
agreement for the assignment of the mortgage. If the property is not redeemed by
May 8, 2006, C & M will pay the HRA on or before May 8, 2006, $14,150 (the
principal amount of the mortgage). If the property is redeemed by May 8, 2006, the
purchase agreement is void; but our second mortgage remains in place.
If the HRA does not authorize the purchase agreement and the property is not
redeemed, then the HRA will need to payoff the first mortgage and acquire the
property and then sell it to recover the amount of the second mortgage; otherwise,
the amount of the second mortgage will be lost.
It is necessary for the HRA to consider this matter in an expedited manner because
the date for redemption will have passed before the next scheduled HRA meeting in
May.
I III. BASIS OF RECOMMENDATION I
I A. POLICY I
. It is the policy of the HRA to recover HRA funds when it is possible.
I B. CRITICAL ISSUES I
. The need for action by the HRA became known today, Monday April
17,2006. The foreclosure date is May 8,2006.
I C. FINANCIAL I
. Should the foreclosure proceed without favorable HRA action, the
HRA would need to payoff the first mortgage and purchase the
property and sell it to recover the amount of the second mortgage.
Without such action the amount of the second mortgage would be lost.
With HRA approval and without mortgage redemption, the HRA will
receive the $14,150. Should the mortgage be redeemed, the
purchase agreement is void and the mortgage remains in place.
I D. LEGAL I
. Legal Counsel has reviewed the particulars of the- proposed action
and has found it acceptable.
I IV. ALTERNATIVE RECOMMENDATION(S) I
. Take no action, which could result in the loss of the second mortgage
amount.
I V. ATTACHMENTS
. None
I VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. None