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04-25-06 Regular CITY OF RICHFIELD, MINNESOTA TUESDAY, APRIL 25, 2006 ******************************************************************************************************* SPECIAL CITY COUNCIL WORKSESSION RICHFIELD CITY HALL COUNCIL CHAMBERS 6700 PORTLAND AVENUE 5:30 P.M. Call to order Roll call 5:30 p.m. - 6:20 p.m. 1. Discussion regarding 2006 transitory ordinance providing funding for certain capital improvements from Special Revenue Fund (Council Memo No. 65) . Adjournment ******************************************************************************************************* REGULAR CITY COUNCIL MEETING COUNCIL CHAMBERS 6700 PORTLAND AVENUE 6:30 P.M. AGENDA INTRODUCTORY PROCEEDINGS Call to order Roll call Open forum (15 minutes maximum) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: Pledge of Allegiance Approval of minutes of (1) Regular City Council Meeting March 28,2006; (2) Special Concurrent City Council/HRAlPlanning Commission Worksession of April 3, 2006; (3) Special City Council Meeting of April 11 ,2006; and (4) Regular City Council Meeting of April 11 ,2006 PRESENTATIONS 1. Presentation recognizing Public Works Week 2. Presentation regarding Urban Wildland Half Marathon COUNCIL DISCUSSION 3. Council discussion . Hats Off To Hometown Hits Notes: AGENDA APPROVAL 4. Council approval of agenda CONSENT CALENDAR 5. Consent Calendar contains several separate items, which are acted upon by the City Council in one motion. Once the Consent Calendar has been approved, the individual items and recommended actions have also been approved. No further Council action is necessary. However, any Council Member may request that an item be removed from the Consent Calendar and placed on the regular agenda for Council discussion and action. All items listed on the Consent Calendar are recommended for approval. A. Consideration of approval of continuing public hearing to May 9, 2006 regarding second reading of ordinance amendment to City Code Appendix 1 rezoning southern tip of 1401 76th Street West from high-density commercial to general commercial S.R. No. 81 B. Consideration of approval of first reading of ordinance amendment to Administrative Code Chapter III, Subsection 310.37 describing personal leave and schedule second reading for May 9, 2006 S.R. No. 82 C. Consideration of approval of resolution supporting Clean Water Legacy Act S.R. No. 83 D. Consideration of approval of cooperative agreement funding and demolition of parcels in Cedar Point area (apartment buildings at 6400, 6520 and 6528 Cedar Avenue) with Richfield HRA S.R. No. 84 E. Consideration of approval of bid minutes/tabulation and award of contract to Ron Kassa Construction, Inc. for 2006 curb and gutter, sidewalk and miscellaneous concrete repair in amount of $53,720.50 S.R. No. 85 Notes: 6. Consideration of items, if any, removed from Consent Calendar Notes: RESOLUTION 7. Consideration of resolution awarding sale of $6,080,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A Staff Report No. 86 Notes: PUBLIC HEARING 8. Public hearing regarding new 2006 on-sale intoxicating and Sunday liquor licenses for Jun 80 Chinese Restaurant, 7717 Nicollet Avenue Staff Report No. 87 Notes: PROPOSED ORDINANCE 9. Consideration of first reading of transitory ordinance providing for expenditure of funds from Special Revenue Fund for certain improvements and schedule public hearing and second reading for May 23,2006 Staff Report No. 88 Notes: CITY MANAGER'S REPORT 10. City Manager's report Notes: 11. Claims and payrolls Open forum (additional 15 minutes if more time needed after first Open Forum and by majority vote of the City Council) Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address the Council must have registered prior to the meeting. Notes: 12. 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. AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5A 81 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: MELISSA POEHLMAN, ZONING ADMINISTRATOR NAME, nTLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: 8' , REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Continue the public hearing and second reading regarding an ordinance to rezone the southern tip of 1401 76th Street West from High-Density Commercial (C-3) to General Commercial (C-2) to May 9, 2006. 1. RECOMMENDED ACTION: By Motion: Continue the public hearing and second reading of an ordinance to amend Richfield City Code Appendix 1 to rezone the area bounded by 1-494 on the south, the original center line of 77th Street and its westerly extension to the easterly right-of-way of 1-35W on the north, 1-35W on the west, and Girard Avenue on the east, to the C-2 (General Commercial) District to May 9, 2006. I II. BACKGROUND I On March 28, 2006 the City Council approved a first reading of an ordinance to rezone the above-mentioned property. The second reading and public hearing were scheduled for April 25, 2006; however, this item is being continued in order to comply with State and local publication requirements. 042506 Continue 2nd reading rezone 1401 76th St w I III. BASIS OF RECOMMENDATION I I A. POLICY I . A public hearing with notification published in the official newspaper is required to approve a rezoning. I B. CRITICAL ISSUES I . As this is a correction to the zoning ordinance proposed by staff, delaying consideration of this item until May 9, 2006 will not have any detrimental effects. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) . N/A I V. ATTACHMENTS . Map. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A C-3 ZONE SOUTH OF SCHOOL OF BUSINESS 1IIlI!:II!iIlU'!Il!.IiIIiIilili!!lliIll<' : II . " .' II. , " . II . " . II . ". . " . II . II . II . II _ II . II. ;.; iii . II. lI! . I. . II . III. III. ' II. I: ~ --,j ~ ./.: ~~. :1" i#i}.... . ~<&. , :t:. . . l'~.'" ~If:.' ...~~ 4!~' ~ ~. ~." ..' , i ~ . l" A~ .~ >:fr'/ ~~ r ~~.........~-~ : III ~--...._ . I III -~_ 41 I l~~!~~ ...~ '~ . PROPOSED .TO .1315 f!~~;"~~~ REZONED ~?' ~'~~ . .~~; C')~ ;00 O==='" C/):::. C/)m z~ G)Q C/))> z RAMP= 200 MERIDIAN CROSSINGS ~~ , ~. .~. ~~ .~~ .~" ~~ . .... "'.. "f,~'''~. . ~ ~, \ ':~ RAMP= 100 MERIDI ~1'~~ CROSSINI ~Q.......~~ ~~/ ~/ . ~ .'AI.A i . G~ ' v . ~ N 200 I o 200 400 Feet I 3-16-06 AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5B 82 .... STAFF REpORT RICPtlFIEUD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: PAM DMYTRENKO, ASSISTANT TO THE CITY MANAGER NAME, TInE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of an amendment to the City Administrative Code Chapter III, Subsection 310.37 describina personal leave. I. RECOMMENDED ACTION: By Motion: Approve the first reading of the proposed ordinance amendment to the City Administrative Code Chapter III, Subsection 310.37 describing personal leave and schedule the second reading for May 9, 2006. I II. BACKGROUND I With the completion of all five collective bargaining agreements for 2006, a change is being recommended to City ordinance, Section 1, Subsection 310.37, Personal Leave. The change would increase the accrual rate of personal leave from 2.77 hours to 3.0 hours biweekly for full time employees and prorated for part-time employees based on hours worked per payroll period. This change would affect employees included in the General Services and Management Pay Plans who are not represented by a union. The amendment is requested so that the City of Richfield's benefit package remains competitive with those of other Stanton V cities and to balance the benefits of the City's non-union employees with those represented by collective bargaining agreements. Currently, Police Supervisors, 911 Dispatchers and Labor & Trades employees have the increased personal leave accrual rate. Fire utilizes Sick Leave instead of Personal Leave and the Police union's contract is up for re-negotiation the end of 2006. 0425PersonalLeave The proposed ordinance change to Section 1, Subsection 310.37, Personal Leave, is as follows: Subd. 1. Eliqibilitv and accrual. A managerial employee, a regular full-time or full- time probationary employee, and a regular part-time or part-time probationary employee, classified and compensated under the management compensation plan or general services pay plan, as those plans have been adopted and may be amended from time to time pursuant to subsection 310.17 of this code, is eligible to accrue and use personal leave. Effective June 19. 2006, an eligible full-time employee shall accrue 2.:U.. 3.0 hours of personal leave biweekly and may accumulate such leave from year to year up to a maximum of 204 hours of personal leave, unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 204 hours shall be forfeited by the employee without compensation. Eligible part-time employees shall accrue personal leave on a proportional basis of the full-time accrual based on hours worked per payroll period and shall be limited to maximum accruals and extensions authorized for full-time employees. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The proposed modification to Subsection 310.37, Personal Leave, aids in balancing some of the benefits offered to non-union City employees. In practice, those benefits offered to union employees should not exceed the benefits offered to employees not represented by unions. Of additional consideration is the fact that the majority of employees represented by collective bargaining agreements are males while non-union employees are primarily female. lB. CRITICAL ISSUES I . If the City Council approves first reading of the proposed ordinance at this time, second reading will be scheduled for May 9, 2006. I C. FINANCIAL I . By amending Section 310.37, Management and General Services employees would receive an additional 5.98 hours of personal leave per year. I D. LEGAL I . In order to provide the requested personal leave accrual rate increase, the City Council must approve an amendment to the City's personnel ordinance. I IV. ALTERNATIVE RECOMMENDATION(S) . Do not amend the ordinance. . Defer discussion to another date. I V. ATTACHMENTS . Proposed ordinance. . I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. BILL NO. AMENDMENTS TO SECTION 310.37 OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Subsection 310.37, Subdivision 1 of the ordinance code of the City of Richfield entitled "Personal Leave" is hereby amended: Subd. 1. Eliqibilitv and accrual. A managerial employee, a regular full-time or full-time probationary employee, and a regular part-time or part-time probationary employee, classified and compensated under the management compensation plan or general services pay plan, as those plans have been adopted and may be amended from time to time pursuant to subsection 310.17 of this code, is eligible to accrue and use personal leave. Effective June 19, 2006, an eligible full-time employee shall accrue 2JJ.. 3.0 hours of personal leave biweekly and may accumulate such leave from year to year up to a maximum of 204 hours of personal leave, unless written authorization extending this maximum is obtained from the department head and the city manager. Hours in excess of 204 hours shall be forfeited by the employee without compensation. Eligible part-time employees shall accrue personal leave on a proportional basis of the full-time accrual based on hours worked per payroll period and shall be limited to maximum accruals and extensions authorized for full-time employees. Passed by the City Council of the City of Richfield, Minnesota this _th day of May, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5C 83 ~ STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: KRISTIN ASHER, ASSISTANT CITY ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: Ef ui REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of resolution supporting the Clean Water Legacy Act (SF 762). I. RECOMMENDED ACTION: By Motjon: Adopt a resolution supporting clean lakes and rivers that also calls on the Legislature to pass the Clean Water Legacy Act (SF 762) and provide $40 million in general fund and bonding resources to assist cities in returning Minnesota's lakes and rivers to a clean healthy state. I II. BACKGROUND I The Federal Clean Water Act requires states to determine whether their lakes and rivers meet quality standards. Waters that do not meet those standards are considered "impaired" and the state must develop plans that determine pollution sources and reduce overall pollution to a level that allows the water to return to a healthy condition. Until impaired waters are effectively restored to meet Federal standards, community economic development opportunities in Minnesota are compromised. For example, in August 2005, the Minnesota Court of Appeals denied the cities of Annandale and Maple Lake a permit for a new wastewater treatment facility. The permit was denied because the discharge from the new 0425CleanWater proposed facility would add to the amount of phosphorus discharged into the watershed of Lake Pepin, a lake found to be impaired for nutrient levels. The Clean Water Legacy Act (SF 762) would provide for $80 million per year ($40 million in year one) for the next decade to assess the state's waters, determine pollution causes and sources, and fund clean up of our water. It also creates new funding for cities to deal with existing and new regulatory requirements, including money for small communities to replace failed septic systems; subsidized loan funding for municipal wastewater, stormwater, and drinking water infrastructure; and money for cities to provide a 75 percent grant to cover the cost of adding phosphorus treatment infrastructure to municipal wastewater treatment facilities. Assessments of the water bodies will determine the sources of pollutants, and a fair, scientifically sound and reasonable plan for reducing pollutant loads. The testing would also ensure that as lakes and rivers recover, they are removed from the impaired waters list, eliminating the permitting restrictions of those areas as long as the water continues to meet standards. Only about 10 percent of Minnesota's river miles and 16 percent of our lakes have been tested for pollution problems. Of those tested, about 40 percent are contaminated. I III. BASIS OF RECOMMENDATION I I A. POLICY I . Supporting clean lakes and rivers is consistend with the Comprehensive Plan. I B. CRITICAL ISSUES I . Local residential and business (re)development can be impeded if our polluted lakes and rivers are not cleaned up. I C. FINANCIAL I . Adopting the attached resolution will have not impact on City funds. I D. LEGAL I . The City Attorney will be available for questions. I IV. ALTERNATIVERECOMMENDATION(S) I . Decide not to support the Clean Water Legacy Act I V. ATTACHMENTS I . Resolution supporting the Clean Water Legacy Act I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None. RESOLUTION NO. RESOLUTION IN SUPPORT OF CLEAN LAKES AND RIVERS WHEREAS, the citizens of Richfield place a high value on our area lakes and rivers; and, WHEREAS, clean water is a significant part of what makes Minnesota a great place to live and ,economic development thrives where water is clean, safe and healthy; and, WHEREAS, our lakes and rivers are a tremendous local asset for swimming, fishing, drinking, tourism and property values; and, WHEREAS, just 10% of Minnesota's rivers and streams and 16% of our lakes have been tested to determine if they meet water quality standards; and WHEREAS, thus far 40% of all waters tested violate water quality standards and therefore are classified as -'impaired'; and, WHEREAS, the federal Clean Water Act requires that we test our waters, determine the sources of pollution and enact a clean-up plan; and, WHEREAS, sound science must be used in the development of these pollution load assessments and clean-up plans; and, WHEREAS, local residents, businesses, and governments must be included in building the plans for how impaired waters should be addressed in their area; and, WHEREAS, local residential and business development can be impeded if our polluted lakes and rivers are not cleaned up; and, WHEREAS, the environmental infrastructure cities need to build to address these problems are an unfunded mandate; and, WHEREAS, polluted lakes and rivers are a statewide problem that calls for statewide attention and a statewide funding source; NOW, THEREFORE, BE IT RESOLVED that the City of Richfield calls on the legislature to pass the Clean Water Legacy Act (SF 762) and provide $40 million in general fund and bonding resources to assist cities in meeting new wastewater and storm water infrastructure costs, empower local stakeholders to develop clean up plans, and implement restoration activities to return Minnesota's lakes and rivers to a clean and healthy state. Adopted by the City Council of the City of Richfield, Minnesota this 25th day of April, 2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # CONSENT 5D 84 ~ STAFF REpORT RICHFIEUJ I CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: KA TIA MEDVETSKI, REDEVELOPMENT SPECIALIST NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: IEr uI REVIEWED By CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of Cooperative Agreement Funding and Demolition of Parcels in Cedar Point Project Area with the Richfield Housing and Redevelopment Authority, including review and comment on plans and specifications related thereto, all related to apartment buildings at 6400, 6520 and 6528 Cedar Avenue (Cedar Point Project). I. RECOMMENDED ACTION: By Motion: Approve Cooperative Agreement Funding and Demolition of Parcels in Cedar Point Project Area with the Richfield Housing and Redevelopment Authority. 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). . The Contract calls for demolition and other related work to be undertaken by the HRA on property at 6400,6520, and 6528 Cedar Avenue. 6400 and 6520 Cedar Avenue are owned by the City of Richfield (City) while 6528 Cedar is owned by the HRA. Purchases for the properties were made using and Airport Noise Acquisition Program (ANAP) funds and Multi- 042506 Coop Agmt Jurisdictional Program Funds (MJP) from Hennepin County, respectively. (The City approved a Cooperative Agreement with Hennepin County for the MJP funds on January 25, 2005). . 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. . Approval of the Cooperative Agreement will constitute acceptance of the proposed plans and specifications. . Work cannot proceed as proposed without both the HRA's and City Council's approval of the Agreement. At this writing, the HRA is scheduled to consider the Cooperative Agreement, plans and specifications, and advertisement for bids at it's regular meeting on April 17, 2006. . 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 environmental 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 HRA is necessary for site clearance to be undertaken by the HRA on City-owned properties. . Minnesota Statutes, Chapters 469 and 471, set 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 HRA to undertake site clearance for the property it currently owns and the City for its property. . Both options, however, would impede timely land conveyances to the Developer. I V. ATTACHMENTS . Cooperative Agreement . Project Manual for Demolition Specifications I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . N/A 4/11/06 COOPERATIVE AGREEMENT FlJNDING 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 Propertv. 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 th.e 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 detennine: (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. 280959v2 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 A!:,'Teement; (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 incUlTed 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. 280959v2 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; CD 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 A venue South Richfield, MN 55423 8. Waiver. A party's failure to insist on the strict performance of any obligation under tIus 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-280959vl 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: Its: Its: By: By: Its: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 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.lBD RC125-239 JBD-280959vl 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2006, by and , 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 and 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 JBD RC125-239 JBD-280959vl 5 EXHIBIT A LEGAL DESCRIPTION 6400 Cedar Avenue South. Richfield. Minnesota Lot 6, Block 2, Iverson's Third Addition, Hennepin County, Minnesota 6520 Cedar Avenue South. Richfield, Minnesota Lot 4 and the South 71 feet of Lot 5, Block 1, Iverson's Third Addition, Hennepin County, Minnesota 6528 Cedar Avenue South, Richfield. Minnesota The North 46 feet of Lot 2 and all of Lot 3, all in Block 1, "Iverson's Third Addition". Hennepin County, Minnesota 280959v2 JBD RC 125-239 JBD-280959vl A-J CEDAR POINT AREA .. .. 9~~P.. ~T.. .. _ ~ . ~ I I f .. .. .. r - .. - j .. t- .. .. -r g I ~ 6315 i 6314 I . 6315 ~J ------ 6321163201 i 632116320 I I L() :~~27_fEi ~3261 l~~~7J ~ J I ~ - .~ : 6333 63321 163331 co r i ~- 16333- · 633916338 ! I 6339: ~ I ~-J 1 I. , ('f) I L-----l 6345 i 63441 ~~~_L~_J ~ . ~:16401 ! 6405 1 6409 6408 i ~ 640~ ~ 6415164141 164151 N I l~ ~ ~ 6421 i 642~ ~ 64Z1f ~ I ! L-=i i ~. 6427 6426 I ~ 6427 H.. ~: 6425 i ~ "'" 6433 64321 164331 v [~I- ~ , 6439 6438 16439/ ~ i I-----i ~ L6445 6444 ~-L--.J I ~ ~ · 65TH ST . l6501!6500i r6501j : 6509165081 ~ f6S1-S 65141 i 6511 ~ 6521 6520, 6521 ! 6521 t 6527 6526 ~~52?~ ~, I ; 6533 ! 6532 1 65,33 ~__co ~ r---1; : 01 If-. ig i 1820, L....J: ..~____-.l._....~ 66TH ST o 110 220 1"""""10..-_ 440 660 880 . Feet ~~] HRA PROPERTY D ...-, I . ~ ...1 L\ N CITY PROPERTY PROJECT BOUNDARY 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 SeNlces - Worldwide 8Stanley Consultants, Inc. 2006 0000i.doc 18966.01.00 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 DIVISION 1 Section 01300 Section 01310 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 TITLE 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. 191 0-28A Section 00620 - Construction Payment Bond - EJCDC No. 191 0-28B Section 00700 - Standard General Conditions for the Construction Contract - EJCDC No. 1910-8 (1996 Edition) Section 00800 - Supplementary Conditions 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 willbe 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 iri 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 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 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. 1.03 QUALIFICATIONS 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 of references of work completed. 1.04 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 time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price 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. 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, constructionequipment, 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. 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 1.09 CONTRACT TIMES 18966.01.00 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. 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 fqr BIDDER. E. Facsimile copies of Bids will not be accepted. 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 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 INSTRUCTIONS TO BIDDERS Page 6 - SECTION 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 E;lidder 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 securities instead of retainage are set forth in the Agreement. END OF SECTION 00200 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 proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. 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 the 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 or on 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 Contrac~ 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 will 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. Bidd~r 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 Partnership 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 Corporation Corporation Name: (SEAL) State of incorporation: Type (~eneral 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 AJoint 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 FOR THE CITY OF RICHFIELD, MINNESOTA Statement of Intent to Complv with EEO and Affirmative Action Requirements 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. 4.2 Dates for Substantial Completion and Final Payment. The Work will be substantially completed on or before September 1, 2006 and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before September 15, 2006. Substantial completion is defined as the date when all sites are finish graded and ready for seeding. 4.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if Work is not completed within the times specified in paragraph 4.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $300 for each day that expires after the time specified in paragraph 4.2 for Substantial Completion until the Work is substantially complete. If CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500 for each day that expires after the time specified in paragraph 4.2 for completion and readiness for final payment until the Work is completed and ready for final payment. 4.4 Dates of Property Accessibility. CONTRACTOR may access the properties upon execution ofthe agreement. Article 5. CONTRACT PRICE. 5.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.1.1, 5.1.2, and 5.1.3 below: . 5.1.1 For all Work a Lump Sum of: (Words) ($ ). (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 of the 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 ~nd 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 ChangeOrder(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 Assigns. 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 and 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 when: 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 hereof, do each cause this Performance Bond to be duly executed on its behaIfby its authorized officer, agent or representative. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: (Attach Power of Attorney) Signature: Name and Title: (Space is provided below for signatures of additional parties, if required.) CONTRACTORASPRINCWAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: Name and Title: Signature: Name and Title: Elcnc No. 191O-28-A (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America. Engineers Joinl Contract Documents Committee, the Associated 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. executors. administrators, successors and assigns to the Owner for the performance of th~ Contract, which is incorporated herein by reference. 2. If the CONTRACTOR performs the Contract, the Surety and the CONTRACTOR hav.. no obligation IJnda- this Bond. except to panicipatc in conf..rences as provided in paragraph 3.1. 3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise afu:r: 3.1. The OWNER has notified the CONTRACI'OR and the Surety at the addresses described in paragr2ph 10 below. that the OWNER is considering declaring a CONTRACTOR Default and has requested and aaempted to arrange a conference with the CONTRACTOR and the Surety tn 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 CONTRAcrOR shall be allowed a reasonable time to perfonn the Contract, but such an agreement shall not waive the OWNER' s right, if any, subsequently to declare a CONTRAcrOR Default; and 3.2. The OWNER has declared a CONTRACTOR Default and formally u:rminated the CONTRACTOR's right to complete the Contract. Such CONTRAcrOR Default shall not be dcclarcd earlier than twenty days after the CONTRAcrOR and the Surety have received notice as provided in paragraph 3. I; and 3.3. The OWNER has agre::d to pay the Balance of the Contract Price to: 3.3.1. The Surety in accordance with the tcnns of the Contract; 3.3.2 Another contractor selected pursuant to paragraph 4.3 to perform the Contract. 4. When the OWNER has satisfied the conditions of paragraph 3. the Surety shall promptly and at the Surety's expense ulce one of the following actions: 4.1. Arrange for the CONTRACTOR, with consent of the OWNER. to perform and complete the Contract; or 4.2. Undertake to perfonn and compleu: the Contract itself. through its agents or through independent CQntractors; or 4.3. Obtain bids or negotia:ted proposals from qualified COntraClOrs acceptable to the OWNER for a contract for performance and completion of the Contract. arrange for a contract to be prepared for execution by the OWNER and the contraClOr selected with the OWNER's concurrence. to be =red with perfonnancc and payment bonds executed by a qualified surety equivalent tn the Bonds issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRAcrOR Default; or 4.4. Waive its right to perform and complete. arrange for completion, or obtain a new contractnr and with reasonable promptness 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 docs not proceed as provided in paragraph 4 with reasonable prompmess, the Surety shall be deemed to"be in default on this Bond fifteen days after reCeipt of an additional written notice from the OWNER to the Surety demanding that the Surety perform its obligations under this Bond, and the OWNER shall be entitled to enforce any remedy available 10 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 to the OWNER. 6. After the OWNER has terminated the CONTRAcrJR's right to complete the Contract. and if the Surety elects to act under paragraph '..1, 4.2. or 4.3 above, th~~ the responsibilities of the Surety fa the OWNER. shaI1 not be grealer than those of ~ CONTRACTOR under the Contract., and the n:spDlISibilitics of the OWNER to the Surely shall not be greater lhan those of the OWNER under Ibc" 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 dupliCltion for: 6.1. The responsibilities of !he CONTRACTOR for corrcction of defective Wod and completion of the Contract; . 6.2. Additional Icg.aI. design professional and dehy costs rcsuiting from the CONTRAcroR's Default. and resulting from the actions or failure to act of the Surety under panograph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Contract, aClWl.l damages caused by delayed performance or non- perfOlltl3llCe of the CON'I'RACTOR. 7. The Surety shall lIOt be liable to the OWNER or others for obligations of the CONTRACI'OR that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any SUc11 unrelated obligations. No right of action shall acaue on this Bond to any pc=on or entity other than the OWNER or its heirs, executors. administrators. or successors. 8. The Surer; hereby waives notice of any change, including changes of time. to the Contract or to related subcontracts, purchase orders and ll'.her obligations. 9. Any proceeding. legal or equitable. under this Bond ~IY be instilllted in any COUI1 of competent jurisdiction in the location in which the Work or pan of the Work is located and shall be instituted within two years after CONTItACTOR Default or within two years after the CONntACTOR ceased working or wilblll two years after the Surety refuses or fails to perform its obligations under this Bond. w:1ichever ocaJfS first. If tl1c provisions of this paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in Ibe jurisdiction of the suit shall 'be applicable. 10. Notice to the Surety. the OWNER or the CONTRACTOR shall be mailed or delivered to the address shown on the signature page. 11. When Ibis Bond has been furnished to comply widl a stawtol)' or other legal requirement in the location when: the Contract was be perfc,rmed, any provision in this Bond conflicting with said staWtory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or othe:' legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 12.1 Balance of the Contract Price: 'The IOta! amount payable by the OWNER to the CONTRACTOR under the Contract after all proper adjustments have been made. inciuding allowance to the CONTRACI'OR of any amounts received or to be received by the OWNER in settlement of insurance or other Claims for damages to which the CONTRACTOR is entitled. reduc~ by all valid and proper payments made to or on behalf of l.he CONTRAcrOR under the Contract. 12.2. Contract: The agreement between the OWNER and Ibe CONTRACTOR identified on Ibe signawre page, including all Contract Documents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTItACTOR, which has neither been remedied nor waived. to perform or ot lerwise to comply with -:he terms of the Contract. 12.4. OWNER Default: Failure of the OWNER. whidl has ncithcrhecn remedied nor waived. to pay the CONTRACTOR as rC<lUired by the Contract or \0 perfonn 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 Address of Princ: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 PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal} Signature: Name and Title: Signature: Name and Title: EJCDC No. 191O-28-B (1996 Edition) Originally prepared through the joint efforts of the Surety Association of America. Engineers Joint Contract Documents Committee, thl: Associated General ContractOl .f America. the American Institute of Architects, the American Subcontractors Association, and the Associated Speci~ty Contractors. 00620-1 1. The CONTRAcroR and the Surety. joindy and severally, bilxl themselves. their heirs. executors. administrators, successors and assigns to the OWNER to pay for labor. materials and cquipIIICnt 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 Dull and void if the CONTRACTOR: 2.1. Promptly makes paymcnt, directly or indirectly, for all sums due Claimants. and 2.2. Defends. indemnifies and holds hannless the OWNER from all claims. demands. liens or suits by any person or entity who furnished labor. materials or equipment for use in the performance of the Contract, provided the OWNER bas promptly notified the CONTRACI'OR and the Surety (at the addresses described in paragraph 12) of any claims. demands. liens or suits and tendered defcnse of such claims, demands. liens or suits ro the CONTRACTOR and the Surety. and provided there is no OWNER Default. 3. With respect to Claimants. this obligation shall be null and void if the CONTRAcroR 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 arc employed by or have a direct contract with the CONTRACTOR 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 con=t with the CONTRACTOR: 1. Havc furnished written notice to the CONTRACTOR and sent a copy. or notice thereof. to the OWNER. within 90 days after having last performed labor or last furnished materials or equipment iDcluded in the claim stating, with substantial accuracy. the amount of the claim and the namc of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have eithcr 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 CONTRACI'OR by which the CONTRACTOR had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days. have sent a wrinen notice to the Surety and sent a copy, or notice thereof. to the OWNER. stating that a claim is being made under this Bond and enclosing a copy of thc previous wrinen notice furnished to the CONTRACTOR. 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 51f any undisputed amounts. 7. The Surety's total obligation sh3.J.1 itot exceed the amount of1.l)is Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounls owed by the OWNER to the CONTRACTOR under the Contract shall be used for lbc performance of the Contract and ro satisfy claims. if any. under any Pcrformance Bond. By the CONTRACTOR furnishing and the OWNER accepting this Bond. they agree that all fuoos earned by the CON"ffiACTOR in the pcrfonnance of the Contract are dedica1t:d to salisfy obligations of the CONTRACTOR 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, C1aiman:s or others for obligations of the CONTRACTOR that are unrelated to the Contrac~ The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond. and shall have under this Bond no obligations to make pay:nents to. give notices (In behalf of. or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time. to the Con=t or to related Subcontracts, purchase orders md other obligations. 11. No suit or action sha1I be commenced by a Claimant lInder this Bond other than in a court of competeDtjurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by 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 Consuucti(Jn Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety. the OWNER or the CONTRACTOR shall be mailed or delivered to the addn:sscs Shown on the signablre page. Actual receipt of notice lIy Surety. the OWNER or thc CONTRACTOR. howeve: accomplished, shall be sufficient compliance as of the date receivCd' at thc addre 5S shown on the signature page. 13. When this Bond has been furnished to comply with a Stallltory or other Icgal requirement in the location where the Contract was to be performed. any provision in this Bond conflicting with said stabltory or legal requirement shall be deemed deleted herefrom and provisions conforming to such stabltory 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 CONTRACTOR 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 the CONTRACTOR or with a Subcontractor of the CONTRACTOR to furnish labor. materials or equipment for use in the performance of the Contract. 'The intcnt of this Bond shall be to include with.)ut limitation in the terms "labor. materials or equipment" that part of water. gas. power. light, hca.t, oil. gasoline, telephone service or rental equiprr .ent used in the Contract, architecnual and engineering services require:! for pcrformance of thc Work of the CONTRACTOR and the CONTRACTOR's Subcontractors. and all other items for which a mechanic's lic:n may be asserted in the jurisdiction where the labor. matcrials or eq'.lipmcnt wcre furnished. 15.2. Con=t: The agreemcnt betwecn the OWNER and the CONTRACTOR identified on the signablre page, including all Contract Documents and changes pthcreto. - 15.3. OWNER Default: Failure of the OWNER. which has neither been remedied nor waived, to pay the CON1RACTOR as required by the Contract or to perfonn and complete or corr.ply with the other terms thereof. . (FOR INFORMATION ONLY--Name, Address an~ Telephone) AGENCY or BROKER: OWNER'S REPRESENTATIVE (Engineer or other party): on,:;., IL ., This document has important legal consequences; consultation with an attorney 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 COMMITIEE and Issued and Published Jointly By Nationa' Society 01 Professiona' Engineers Professional Engineers in Private Practice 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 BE 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 FJCDC 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 ~.........- ..-. of Const1UCtion T_ Copyright <Cl1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 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 Tenns ................................................... 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 .................................... . . . . . . . . . . . 0070C - 9 2.03 Commencement of Contract Times; Notice to Proceed .......................... oo7OC - 9 2.04 Starting the Work ................................................. 0070C - 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 Reporting and Resolving Discrepancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 11 3.04 Ameruling 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 Subsuiface 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 Peiformance, Payment, and Other Bonds ................................. 00700.15 5.02 Licensed Sureties and Insurers ........................................ 00700.. 15 5.03 Certificates 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 Proceeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .00700 . 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700 . 18 5.10 Partial Utilization, Acknowledgment of Property Insurer. . . .. . . . . . . . . . . . . . . . . . . . 00700 . 18 ARTICLE 6 _ CONTRACTOR'S RESPONSIBILITIES ................................... 00700 . 18 6.01 Supervision and Superintendence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . ')()7oo .18 6.02 Labor; Working Hours ............................................ . ,)()7oo . 19 6.03 Services, Materials, and Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ')()7oo . 19 6.04 Progress Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . )()7oo. 19. 6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::>0700. 19 6.06 Concerning Subcontractors, Suppliers, and Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . ::>0700.20 6.07 Patent Fees and Royalties ........................................... ::>0700.21 6.08 Pennits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ::>0700. 21 6.09 Laws and Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ao7oo. 22 6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ao7oo. 22 6.11 Use of Site and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~7oo - 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 arul Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.18 Continuing the Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24 6.19 CONTRAC1'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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W700 - 26 8.03 Furnish Data ................................................... 00700 - 26 8.04 Pay Promptly When Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 26 8.05 LaTuJs and Easements; Repons and Tests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 27 8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (0700 - 27 8.08 Inspections, Tests, and Approvals ...................................... C0700 - 27 8.09 Limitations on OVt'NER's Responsibilities ................................. C0700 - 27 8.10 Urulisclosed Hazardous Environmental Corulition ............................ 00700 - 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 ........................................ 00700 - 28 9.06 Rejecting Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.07 Shop Drawings, Change Orders arul Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.08 Determinationsfor Unit Price Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.09 Decisions on Requirements of Contract Documents arul 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 arul Disputes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C0700 - 30 ARTICLE 11 - COST OF THE WORK.; CASH ALLOWANCES; UNIT PRICE WORK. . . . . . . . . . . . . . . C0700 - 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 Beyorul CONrRACI'OR's Control ................................. C0700 - 33 12.04 Delays Within CONTRACI'OR's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delays Beyond OWNER's arul CONTRACI'OR 's Control. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.06 Delay Damages. . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 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 Uncoven'ng 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 ................................... . . . . . . . . . . . . . 00700 .35 13.08 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- CONTRACTOR's Warranty of Title ...................... . . . . . . . . . . . . . . . 00700 - 38 14.04 Substantial Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 00700 - 38 14.05 Partial Utilization ................................................ 00700 - 39 14.06 Finallnspection ................................................. 00700 - 39 14.07 Final Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 39 14.08 Final Completion Delayed . . . . . . . . . . . .-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700..40 14.09 Waiver of Claims. . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 00700..40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINA nON ............................ 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 CONTRACTOR May Stop Work or Terminate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.. 41 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .. . . . . . . . . . 00700.. 41 16.01 Metlwds 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 CONDITIONS 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 fmal 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. Claim--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 WI itten 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 Conrract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain t(l the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any poS1 Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Nltice 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 Orders, 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, grap:ucs, 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 b 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 iates 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. CONIRACTOR--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 and 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 which CONTRACTOR shall start to perform the Work un1er 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 conditiOn!, of temperature and pressure (60 degrees Fahrenheit and 14.7 pooods 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 Documl:nts may be the whole, or a part as may be indic~.ted elsewhere in the Contract Documents. 35. Project Manual--The boood documenlary information prepared for bidding and constructing the Work. A listing of the contents of the PI;"oject Man'lal, 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 use 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 thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) 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 011 the basis of unit prices. 48. Work--The entire completed construction or the various separately idl?ntifiable parts thereof required ':0 be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorpor.iting 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 Dale 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 01 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'lER 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 Certain 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 "reasona:>le," "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 wlely 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 fmal 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 final 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 ox, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any 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 Agreeffil:nt, 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 Staning Construction A.. CONTRACTOR's Review of Contract Docume.'lts: 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 !Jay 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 reasODE 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 lLnd 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 fnm CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing imd Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing :md 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 Pricc~ 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 bt~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 meat. 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 Bids), 00700 - 10 except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, . manu,al 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 perfonnance 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 perfonnance 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 I. 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 Documents A. The Contract Documents may be amended to prmide for additions, deletions, and revisions in the Work 0)' to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (Hi) 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 wri:ten 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 documlmts (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, incluCting 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 specific written verification or adaption by ENGINEER. ~Jl.is prohibition will survive [mal 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. OWN~R 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 pennanent changl: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'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 Subsuiface and Physical Conditions A. Repons 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 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, 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" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsuiface 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 ir. 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 connection 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 notice 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 t:opy to CONTRACTOR) of ENGINEER's findings 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 phy sical 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 anyone 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 of paragraphs 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 study 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, ~d CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, 00700 - 13 b. locating all Underground Facilities shown 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 uncoverei or revealed ator 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 in 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 Price 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 indil:ated 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 with the Work. CONTRAC fOR 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 CON1'RAcrOR 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: I . 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" 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. CONTRACTOR 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..m):nedi- ately: (i) secure or otherwise isolate such condition; (ii) rtop 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 expelt to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to renme 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 witten 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 Huch 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 Frice 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 biSed 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 that is ir the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree a:; to entitlement to or on the amount or extent, if any, of an adjustment in C9ntract 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 1C.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 (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, 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. 1. 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 Peiformance, Payment, and 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 which 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 insUl ance companies that are duly licensed or authorized . ir 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 pro1Tided 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 i)ther 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 in~ ured identified in the Supplementary Conditions, certificatl~s of insurance (and other evidence of insurance requeste:i 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 cJ 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 irjury, occupational sickness or disease, or dead: 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 contractual liability 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 arid 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 Wort. in accordance with paragraph 13.07; and .. 7. with respect to completed operations insurance, and any insurance coverage written on a claims-II.ade 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 S~pple- mentary Conditions, to whom a certificate of insurmce has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of ~uch insurance at [mal payment and one year thereafter). 5.05 OWNER's Liability lnsurance A. In addition to the insurance required to be proy. 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 lnsurance 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 Reguiations). This insurance shall: 1. include the interests of OWNER, CONTR~C- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities idfmti- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and ether consultants and subcQntractors of each and any of tl: .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 sh,ll 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 ..:~om is deemed to have an insurable interest and shall be ~ted as an insured or additional insured. C. All the policies of insurance (and the certifIcates or other evidence thereat) 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 aily 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 polides purchased in accordance with paragraph 5.06 will pfOl: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 consult2nts and subcontractors of each and any of them) in such polic.ies 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 oher 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 such 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, Hnd 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 lIny policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, .md the officers, directors, partners, employees, agents, and otIer consultants and subcontractors of each and any of them br: 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 otler peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or J:art thereof caused by, arising out of, or resulting from fIre or other insured peril or cause of loss covered by .IIlY 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 fmal 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 5.0S.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 Bonds or insurance required to be purchased and . maintained by the other pa,rty in accordance with Article 5 on the basis of non-conformance with the Contract Docwnents, 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 purchae prior to the start of the Work, or of such failure to maintLin prior to any change in the required coverage. Withclut 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 Prope'1y Insurer A. If OWNER frods it necessary to occupy or USf 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 insuI1~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 RESPONSffiILITIES 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 Docwnents. 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 wn-len notice to OWNER and ENGINEER except UI:.der 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 construet. 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 requirementH of Article 12. Such adjustments may only be made hy a Change Order or Written Amendment in accordance 1Ivith 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 a 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 followed 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' nn- 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: (0 there is no increase in cost to the OWNER; and Oi) it will conform substantially, 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 iteIh 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 co~truction is shoWn or indicated in and expressly 00700 - 20 required by the Contract Documents, CONTRACTOR' nay furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient informal ion 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 prccc- dure for review by ENGINEER will be similar to .:hat 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 OI an approved Shop Drawing for an "or equal." ENGINEER will 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 pursuant to paragraphs 6.05.A.2 and6.0S.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'sConsultants for evaluating each such prope.sed substitute. F. CONTRACI'OR's Expense: CONTRACTOR snall 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 other individual or entity to furnish or perform 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 accep~ce (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 Docwnents 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 th~ 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 addLional insured on the property insurance provided in para.~raph 5.06, the agreement between the CONTRACTOR and 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, partners, 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, CONTHAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and asswne all costs incident to the use in the performance of the Work or the incorporation in the Wcrk 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 Docwnents 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 rigt.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 Docwnents. 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 mher dispute resolution costs) arising out of or relating tc any infringement of patent rights or copyrights incident to thi~ use in the performance of the Work or .resulting frorr. the incorporation in the Work of any invention, design, pro;ess, product, or device not specified in the Contract Documents. 6.08 Pennits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay fer all construction permits and licenses. OWNER shall assist 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 connections 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 Regulatians, neither OWNER nor ENGINEER shall be responsible far monitoring CONTRACTOR's campliance with any Laws or Regulations. B. If CONTRACTOR perfarms any Work knowing or having reason ta know that it is cantrary t.o L.'lWS .or Regulations, CONTRACTOR shall bear all claims, costs, lasses, and damages (including but not limited ta all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitratian or other .dispute resalution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary respansibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulati.ons, 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 perf.ormance 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 ta 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 canstruction equipment, the storage .of materials and equipment, and the operatians of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasanably encumber the Site and other areas with construction equipment or other matenals 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. IS 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 oth(lr party by negatiatian or .otherwise resolve the claim ty arbitration or other dispute resolution praceeding .or at law. 3. Ta the fullest extent permitted by Laws ard Regulatians, CONTRACTOR shall ~demnify and hold harmless OWNER, ENGINEER, ENGINEER's CanSultant, and the officers, directors, partner;;, emplayees, agents, and other cansultants of each and ar)' of them fram and against all claims, costs, lasses,ar.d damages (including but nat limited ta all fees and charges .of engineers, architects, attorneys, and ather professianals and all caurt or arbitratian or other dispute resolution casts) 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 pa:r:y indemnified hereunder to the extent caused by or bas(: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, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall CO:l- form to applicable Laws and Regulations. C. Cleaning: Prior ta Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready far 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 and shall restore to original condition all property not designated for alteration by the Conm.ct Documents . D. Loading Structures: CONTRACTOR shall not load nor pei:mit any part of any structure to be loaded in a:1Y m~er that will endangex: the structure, nor shill CONTRACTOR subject any part of the Work or adjace:nt property to stresses .or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site .one' record copy .of all Drawings, Specificatialls, 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 incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, 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 ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, arid 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 expressly 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 haard comniunication 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 pn:vent threatened damage, injury, or loss; CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Wort 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 Directive 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 EN GIN EER may require and in the number of copies specified in 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:i.als, 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,iew 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 wntten 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 from 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 during all disputes or disagreements with OWNER. No. Work shall be delayed or postp;:med pending resolution of any disputes or disagreements, el::cept as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR'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 fmal 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 00700 - 25 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 (9ther 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 indil'ectly employed by any of them to perform any of the Werk or anyone for whose acts any of them may be table, regardless of whether or not caused in part b) any negligence or omission of an individual or entity iIJdem- nified heretmder or whether liability is imposed UpoIl such indemnified party by Laws and Regulations regardll:ss of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, off.cers, directors, partners, or employees by any employee (or the survivor or personal representative of such employe e) 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 whosf~ acts any of them may be liable, the indemnification obli!;ation under paragraph 6.20.A shall not be limited in any W3.y 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'compensationacts, 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 failure to prepare or approve, maps, Drawings, opinions, reJOrts, surveys, Change Orders, designs, or SpecificatioIlJi; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 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 other 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 pr:ovided in the Contract DocumeI?-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 fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination . A. If OWNER intends to contract with others fo; the performance of other work on the Project at the Site, the followmg 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 al,lthority 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 CommuniClltions to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communicatiom 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 :mer ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data requirc~d 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 land! and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and /~.05. Paragraph 4.02 refers to OWNER's identifying and m<.ldng available to CONTRACTOR copies of reports of explorations 00700 - 26 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 Cpntract 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 ex.ecute 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 supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs 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 fmandal 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 :luring the construction period. The duties and responsibiliti::s 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 ",rinen consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inlervals appropriate to the various stages of conStruction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the prlJgress that has been made and the quality of the various aspc: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 C(,ntract 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 de.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 supervi,se, direct, control, 01 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 Representati,'e 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 thf: 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 the 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 ClS to Change Orders, see Articles 10,11, and 12. C. In connection with ENGINEER's authority liS to Applications for Payment, see Article 14. 9.08 Determinationsfor Unit Price Work A. ENGINEER will determine the actual quantitie~ and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinatioIs 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 ENGlNEE:~ 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 DocuTt: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 lor 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 rmaI 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 r~;pect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- 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 authlJrity 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. ENG~NEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. G. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any.SubcoIltractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the fmal 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 14.07.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 TinIes, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. . 10.02 UnautlJ,orized Changes in the Work A. CONTRACTOR shall not be entitled to an irtcrease 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 or in the case of uncovering Work as provided in paragraph l3.04.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 lO.01.A, (ii) required because of acceptance of defective Work under para- graph l3.08.A or OWNER's correction of defective Work under paragraph 13.09, or (Hi) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, includir.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 carry on the Work and adhere to the progress schedule as provided in paragraph 6.l8.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 DOC'lments (including, but not limited to, Contract Price or C::mtract Times) is required by the provisions of any Bond to be: given to a sunity, 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. 00700 - 29 10.05 Claims and 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 l2.01.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 accompaDied 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 in 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 10.OS.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:nittedA in accordance with this paragraph 10.05. ' ,., ARTICLE 11 - COST OF THE WORK; CASa 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 determined on the basis of Cost of the Work, the costs to be reirnbur-sed to CONTRACTOR will be only those additional or increIllental costs required because of the change in the Work or bf:cause of the event giving rise to the Claiin. 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 Ioca .ity of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.) I.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 sp'~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 fI~gular working hours, on Saturday, Sunday, or legal holidays,oshall be included in the above to the extent authori.::ed by OWNER. 2. Cost of all materials and equipment funrished and incorporated in the Work, including co:;ts 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 discJunts, rebates and refunds and returns from sale of s'lIplus 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 facili- 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 the 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 thereof is 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 pe~ts and licenses. f. Losses and damages (and related expenSes) caused by damage to the Work, not compensllted by insurance or otherwise, s~tained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and d,mages within the deductible amounts of property insurance established in accordance with paragraph 5.J6.D), provided such losses and damages have fi~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 incltded 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 change1: 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 reqUITed by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work 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 agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically it:cluded in the agreed upon schedule of job classifi ::ations referred to in paragraph l1.01.A.l or specifically covered by paragraph ll.01.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 cal?ital 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 costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACI'OR'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 of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish 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:{IIlent 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 1 eflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price sh;ill 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 pTice 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 a:nount 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 PRlCE; CHANGE OF CONTRACT TIMES 12.01 CJu;mge 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 covered 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 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACI'OR'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, then 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.1 and l1.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph l1.01.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 00700 - 33 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 11.01.A.1 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 SubcoIltractor; d. no fee shall.be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and l1.01.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change \'I'hich results in a net decrease in cost will be the an .ount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits arl: in- volved in anyone change, the adjustmer.tin CONTRACTOR's fee shall be computed OIl the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 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 Timel: (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 Clain 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 CONTRACI'OR'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 Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRAcrOR'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 shall 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 fIres, 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, indeper.dent 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 progranlS 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 inspectiorlS, 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 inspeCfiOrlS, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covemd by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tei;ts or inspectiorlS conducted pursuant to paragraph 13 .00.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 inspectiorlS, tests, or approvals, pay all costs in conn~ction therewith, and furnish ENGINEER the required certi1icates of inspection or approval. D. CONTRACTOR shall be responsible for arrclDging and obtaining and shall pay all costs in connection win any inspectiorlS, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materialn, 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 byorganizatiorlS acceptable to OWNE:t 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 obse:rvation. 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 o(others); and OWNER shall be entitled to an appropriate decrease in the Contract 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, directly 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 00700 - 35 the Work shall not give rise to any duty on the pat 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 Igent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, 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 charg es 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 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 may be 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 jf 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 witten instructions: (1.) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Wark 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 lfeas 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 charg(: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 it(:m of equipment is placed in continuous service before Substmtial Completion of.all the Work, the correction period fa]' that 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 court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and detemlination 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 final 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 accordance 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 paJt 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 al 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 (incIu:iing but not limited to all fees and charges of engine:ers, architects, attorneys, and other professionals and all cou1 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 t,) an appropriate decrease in the Contract Price. If the partie!; are unable to agree as to the amount of the adjustriient, OWNER may make a Claim therefor as provided in paragraph lC .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 afValues A. The schedule of values established as providl~d in paragraph 2.07.A will serve as the basis for pro,~ress payments and will be incorporated into a form of Application 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 an-angements 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 (subj-~ct to an evaluation' of the Work as a functioning whole prior to or upon Substantial Completion, tJ the results of any subsequent tests called for ia the Contract Documents, to a [mal determinati.)D 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 \\ork. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have repres::nted 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 assigne:d to ENGINEER in the Contract Documents; or (ii: that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to wit:1hold 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, dire!:t, or control the Work or for the means, methods, techITques, 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 accomt 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 paragniph 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. 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; 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 Pmject 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 ENGUIl:~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 n)tify CONTRACTOR in writing giving the reasons therefoI. 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 which to make written objection to ENGINEER as to any provbions 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 Subsuntial 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- 00700 - 38 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 otheJ;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 fmal payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CO:NTRACTOR reasonable access to complete or correct items 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 will 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 o~ the Work. Within 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 part 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 Q.f part of the Work may' occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Fina/Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a (mal inspectio J with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in whic h this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measure~ 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 com:ctions identified during the [mal inspection and has deli vered. in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of innrance 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 insl:rrance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to [mal payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising our of or Liens filed in connection with the Work. 3. In lieu of the releases. or waivers of Liens specified in paragraph 14.07.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, sel vices , 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 v'ay 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 fmal 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 fmal 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 terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If tht~ 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: 00700 - 40 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 '.vhich Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be al.owed an adjustment in the Contract Price or an extension t)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 fall Jwing 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:'icient skilled workers or suitable materials or equipffii~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 paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, ten~ate the 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 fmished. 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 ir. 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 n:tention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Tenninate 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 resol LItion costs) incurred in settlement of terminated conlracts with Subcontractors, Suppliers, and others; and 4. for reasonable expeilses 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 Tenninate 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 fmally determined to be due, then CONTRACTOR may, upon seven days wIitten notice to OWNER and ENGINEER, and provided OW'l'ER 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 providej 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 f(lr 30 days to pay CONTRACTOR any sum fInally determint:d to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until pay:nent is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.0<~ 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 clirectly 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 Conditions. [f no method and procedure has been set forth, and subject t,) the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies 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 specitically 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 as "Field 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 5.04.8: 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 nofless 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. 99276a to 276a-5, as amended, and the Contractor Work Hours and Safety Standards Act, 40 U.S.C. 99327-333. Such compliance shall be demonstrated by certifications required 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. D.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 "A." preceding. 1.04 PROJECT SITE ADMINISTRATION A. CONTRACTOR shall provide competent, suitably qualified personnel to survey and layout Work and perform construction as required by 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 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. 18966.01.00 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 Wor~ for 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 compen~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 offollowing 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 sraced 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 fltJids, paints, thinners, cloth, loose paper, combustible trash, coal, and similar materials which mightserve 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 of fire extinguishers to check and extinguish small fires in areas where Work is being performed. 4. Wherever cutting torch or other equipment which might cause fire 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 OFARCHITECTURAL, STRUCTURAL, AND SITE MATERIALS A. Remove as shown and specified or as required to permit new construction. B. Structural parts of builqings, 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 steE}1. 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 offoundation 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 18966.01.00 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 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 asGW, 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 and 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)whe-n 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 operations. 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 seed 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 oz/sq 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 mm) 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 prilleid 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 pinning 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 12gal/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. Excelsi.or 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 I p :~f~' 1~:' }}::': . ;~ [: ct' :1 !! if , r! .. !i q i1 'H 'E ,,' " u 'I[ LIMITED APPRAISAL, SUMMARY REPORT" 4-uNrt APART~ENT. BLHlf.1INCi' , , 6400 CEDA~ AVENUE sqUTH ' , ' RICHFIELD; ~INNESOTA ,; j! I, i: ,j; t w :J; :j :if: . :!f 1ji , iil il! ;If I , ' 41~ , ":':l~ , ',' il& , "I" . ;' . !J , ,"/l' ,I!' , ~, , . ......I~, , , ,i .t~ I "!>jj ,'" ,'I ' .. ',~~ I '~ ' r - H ,~ R I I ,~ r 1 " 'I~ ,i '1~ ,~ ,Ill " ~ Iii ' i I~'l , ro" i~, ,~ H I. . [ : U ! ; fj , ~ Ii II 'f ~ I t I ~ ~, ~ I. ~ , ' DATE OFR,EPORT:' jUAe16, 2005 , , ,PREPARED FOR: , , " " City i?f Richfield" " , Cc.;unmunity D~vek)p,ment.oepartinent ~. '. , do Conworth, Inc.' . 4725 Excelsior Boulevard, Suite 200 ' , 'st. louis'par~, ,MN 55416' ' PREPAREQ BY: Patchin Messner & Dodd Sunset Po'nds Office, Park 13967 West Preserve Boulevard Burnsville, MN 55337 i' 'j ~ . , i , 1 , . J '/ ! , "J" I , 1 PATCHIN MESSNER & DODO I .~..' ~-';:. . v TABLE OF CONTENTS ITEM PAGE NO. lElTER OF TRANSMIIT AL............. .... ............. ...... ...... .................. ....... ..... ................. i-i i CERTIFI CA TIONS ...... .............. ......... ........ .............. ..... ................... .......... ..... ..... ........ i ii 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 H IG H EST AN 0 BEST 'USE.. ..................,... ........... ............... ...... .............................. ......5 MARKETI NG & EXPOSURE TIME ....................... .................................. ............... ........!? FINAL CONCLUSIONS OF VALUE................. ..... ............ ........ .............. ...................... 6 ADDENDA EXHIBIT 1 - SALES COMPARISON APPROACH ....................................................8 EXHIBIT 2 - INCQME APPROACH ......................................................................12 CONTINGENT AND LIMITING CONDITIONS ...................................................14 APPRAISI NG QUALIFICATIONS OF BRENT PEDERSON ....................................19 APPRAISING QUAUFlCA TIONS OF JASON MESSNER .......................................20 PATCHIN MEssNER & DODD Valuation Counselors .. , ., J ,:1 .~ : I ! . ., " .- .~ ~, " .:~ '~i 'jj ~1 :~ ':t j '1 [1 '1 B I f1 II :.:l tl ~ 'if . I ;1 :, .i1- J . .:f. ; r- J ff :i' U i:t ~ it. '1 ~ .., . ~I' 'J ~i J [ -=1, if J U :if -ij j: . M ~r . IT vi PHOTOGRAPHS OF SUBJECT . .....:'.... J~: ~f.;:~'.; J~r I I 11; f . M::. f .$<'(~ . t~[. ~'~ . ;;~.. . View of Subject from Cedar Avenue Looking West !:3f ~;;.' t{ PATOiIN MESSNER & DODD Valuation Counselors ~ ~ a i I ~ f t J II ~ ~ u I !I 'I I g i! 11 ~ .~. .." .":." ",' View of Subject from 64th Street Looking South :tz; ;--~:~:..:. ~Z~.:; ." ",~,:,.," ~~r lit ~i$;~.. ..".:..,...., f ff.~;. ~~:.~' (1;;,.- ~:'. ~?:' ~~: ~;" . ~".. . ,~ r- ~ 20536-0 REAL ESTATE APPRAISED Site Data: 6400 Cedar Avenue South,' Richfield, Minnesota. Zon ing: Guided Use if Vacant: Building Data: Legal Description: Tax Data: Building Condition: 4 . ! ~ .J 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. All 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 2005 AMV = $398,000 2004 A.MV = $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 fumaces has also been replaced. The reported cost of these improvements was $20,000. I PATCHlN MESSNER & DODD Valuation Counselors I d ~ t ; , . ~ . : 'l : r. ~ - . S Ii - ~ u P: f';..:" ;::"'1.:;0'. ,. ~ .'~. . ;.... ~~~{ . f/ t~,r fl m ~';'; D.;:: f.~ ~'~.:' f:.:- L ~:'7":, r.~:: t:": ~,~:. L r{ ~....: .~. ~< f:' ~~ tC t~ . ? ., 20536-0 5 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 bee~ 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 pf reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort Exposure time is different for various types of real estate and value ranges and under various market conditions. Marketin!! Time: The time it takes an interest in real property to sellon the market subsequent to the date of appraisal. Reasonable market 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 after 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 ejfective 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 afthree to six months. PATCHIN MESSNER & DODD \l~ltl~til\n ~n'lnC!A,^~ 1 t .. l ~ ?: I ~ ;. ! 1, ~ f ". , j ;; .. ~ . < ~ -l l- ~ i ~ l' t r \ f I i J , , 1 f ,. I i f t I ; } ~ 1, } " ~ f r ~ !. i ! i I i Ii I r I: i , . ~ ~ u r ~ . ~ ij I ~ ~ ~ fi !! " n !! , ~'..' I ~.... i~';'" ~"';.;." ~~/ ~~ :-"..;. t;"o ? f 20536-D ~' i: ~. ~: . I: ~; ~\ (; ~' ~ ~. I: ID ~ ~' ~; ~' !f ~: i; If I; Ii: f ~ i .~ ~: . .t, 'I~ , ~ f; ,'. (, ,.' I. t 'f~ j. 1 .1 'L r. I ~: i f n t f ~. -. . t i g ! :1 n~ 1. I ! . i }: . . 1- U (.: ~ J II , Ii ~: - 13 ~ R ~ f. i1 .1 Ii 6 FINAL CONCLUSIONS OF VALUE 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 DATE OF REPORT: July 5, 2002 I I I i r f I I f I i a u :1 " ~ I ~ l i h " I n ~ ~ 1l. ~~ il U i 'I n ~ :1 ,1 U ;1 iJ '! h ~ tt ~ II !l fl ~ Ii ;j a Ii ,1 * !j ;! :j LIMITED APPRAISAL, SUMMARY REPORT 12-UNIT APARTMENT BUILDING 6520 CEDAR AVENUE SOUTH RICHF.IELD, MINNESOTA PARCEL #6A PREPARED fOR: City of Richfield Community Development Department 6700 Portland Avenue South Richfield,MN 55423-2599 I.,.~::.:. fh.' 't'. ~~:.~ ;f1" ,a:.' 'i.~-.. . ~t' ~~.: ~,1 PREPARED BY: Patchin Messner & Dodd Skyline Square Building 12940 Harriet Avenue South, Suite #220 Burnsville, MN 55337 P ATCH1N MESSNER & DODD ;.1 }: .t .'. (. ~~ .:., .~. ,.~...., '.;. '.' .~ . : ;" .~. .' . ': ~ .~ ", . . '~ .j . .... .(. 20235-G 6 lEGAL OEseRI 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 Co~,Mmn~om. . TAX AND ASSESSMENT DATA TAX AND ASSESSMENT DATA .... 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 BLiilding $431,000 Total $509,000 PATCHIN MESSNER & DODD Valuation COunselors i .. I f 1 I ~ I I ~ I n g I! ~ ;1 ff ~ ~ H " * lj a ~ Ii Ii ~o .~~~~~O/ 'i'" ~ii8JJ~ilil '~-~"-'I ;15~ --~~. 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IT l! . . ~I .' '~. . 20235-G SITE DESCRIPTION Size: Shape: Frontage: Street Improvements: Access: Soils: Terrain: Flood Hazard: Utilities: Easements & Encumbrances: 14 167' x 113' = 18,871 SF Rectangular. 167' on Cedar Avenue. Cedar Avenue is surfaced with bituminous pavement and has concrete curbs ClAd 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. 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 1:.' ., I.:~: '. : , . if ~, I. I I j f f 1- ~ :~ ~ .~ I f ! I r ff J ir 1 t i I ;. ! ~ I fi U tl il ii " !! 'j \. ~ Ii ~ . 11 R 1\ " ~ ii 11 ~ !.:-::J: t.. -~.. ::~ K~ 'II ~f~ ',b.1 1'1;& -''0 .\~ ,,'-!. :1'" . \ ,:'~ 'j.:, 'l"f' \~ . . ~ . ... . ~ . \: r 1 ~ t- ~ \') \ 16 , ' "f 'J~~ (C. ... ~... ~.. ....ciJ ~-.r- ~J~~~~)t-S . ASscelAtfeS, inc. _,...... FlMWae..... -mi' -,.li. .1111<1. . ..... _ ..... IUa _t ..... ",- 1 f.. t'; :zetM,IIN .. :..~~ ~.. --- ani. ....... ..a. .. ""'$ .1.1 ~~ '-'" 'fl. -, I 1 .... ..A~ ~ ..... .. .. l-A _ "-LI V _ _ VI ._ l. I 7111 a!fJ 431) , I .!-- 100.5" .... I '0: tft, ~ a ~; ~ . I ' '~:i3')O' " .. I "',. .... Dee~_1' '22. 196 1 pcls . 50 t.., . '011II4 lee..." . "1.,e4 -S'..l' 11>>- 1 ....ea LllOIlA __. :I'" .~. IlJI. II. J~ ! , y ~er..ne a pill tor. "t'rl .., ,I , 100 t ~.. .. ~ \0. N ' . ~Ij~ ~04:1. ~, x p: Ill: '.j, .... ... ~ G;) " >100' jl.i: N sl: r-:I . . , ~.' . ". ~l1wa eA4f\p-,U"'UIOi '- I~ o Cbll~ t:a1"h Ie ~b~ Palo ~ ccnorvto bBo.O.19 South of ~U. Cor. ot..l po.' ~ t':.':_;..W..:."~ . OClt:~ ':' : II 96' 96' +to . ..r~M< 1 . . . , I 9" . ;0,.00. . .. , . C~~~L . ' : ,.' ge c::ui>>ti. C. Be'nioe. a.,l'-.a. J.a4 'urt~.. 111 Ute ita" of . ;l~. ~'lr1 ~ha~.' th. "'U.., oI.llr. lA, CAp .of JoJi4~ %De., I, QoolOtc4 _ ,'.V.Ieft-oa, C.R. aa... J.a. ~raal. 414 .~ ~ 1fo~tb W r...'.t .t.o' Ii to;" r.~ ..."-"tbeSOl&Cb , . r." ot. %.0' J. 81_ 1 .~ I'...... 3ft A441tl- .t tile '11~ of butl.W, HeDlSIP1D eo.s'fi. iaJm.(JaOu _ Doc_be,. 11 aM ZI. 1961, aaI 'blI& . lib. .~. .1' a tAG Oild OCirNOto _. or 'tliI .... IIJId tllat; .. ,1aoe4 ato..l ,1" .-ont. ,.. ~oO'_. " ,.. M'" . . . ,.. . ~"..\-. . . .:14 ...... . . . . . , .., ..:t. ";'~i. .. .... .. . .~ JI .. '...." . · - . . .., .", .~,. :,~~ . \....-" .:." . . .' . ..t:.'.:. '4f-.t.-;- . . .It;41l. ~._... *> ____ .:I~ I ---- -"'" ...-'...-' : IIi. ..r::;: 1-.' :~~ :,.=pr ""Fe;. :ilF \ J;~.; ~: ,f:r. ,,' ."". '.' .,,,,, ~:~ : .J:; i: :t1!~ i ) t~ j l~~ :.~ tH :~ m if:'; n, :H: .:t d: I~ . j. Ie '~ b i j: ~: . i:. ,. : ;: ~ " ~ F. ~ I' ~ ~ ~ ~ Ii it Il ,. II .~ - , , . ! 2023S-G 17 ! I , SITE DESCRIPTION ! . ~ . (.eel . IS 1:Il) I~' to l~) U (51) III .~ ~, " 2 1m 6 1$11 '< . Ill, :I: i'~1 II I. S ,...., , $S . " l!i . .. (9) (U) ,<3) l.a, t It IUI) lI:1l . . (II) II>> .. 1.------='1 It . .... pr . II T 126l 1311 ISO . II I~' ill CU) IWl IY It . .. . ~ " (llllI (25) t# 1m poo\I l~ . It . t III) I~ 1S4) III . . 1JI 1'lIl) l:sl'l . II) . , . r:1Il ...... C2) I IT) .. Ca> ..(~ . . . . . , 11:ll) (Iill 112111 I lID' (lie) , II . S ~----- .. . .. .. I .. -L I II !.------ ... ,. p ...... aa.Gr - i " :' f -. . HALF SECTION MAP PATcmN MESSNER & DODD Valuation Counselors 18 20235-G IMPROVEMENTS DESCRIPTION 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 1-BR units, and the lower garden level (which is partially below grade) has three 1-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 corner 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 I=loors == 9,504 SF GBA. 11 One-Bedroom Units and One Studio Unit. 1 BRi 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. Unit Mix: Unit Size: 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'i 23.3' above grade and 4.7' below grade. Flat, tar and gravel roof cover over rigid board insulation. . Single pane slider windows in wood sash with metal combination storms and screens. Age: Frame: Exterior Walls: Roof: Windows: PATCHIN MESsNER & DODD Valuation COunselors .1 11 j j .t ~ :1 : l 1 . i I : -~I' .:.-:t :" :l ~ j "\1 ,1, ~i ~; . . I I I I -:, ,- I , . , - , ~ ': ; ~ . 'l . - .~ . ~ 20235-G IMPROVEMENTS DESCRIPTION Heat: Air Conditioning: Interior Unit Finish: Common Area Finish: Unit Description: Electrical: 19 r f r .. :i J - t. ., .J :~ 'I :! 'j' ~ I -j. 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 wen-as 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. 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 are4'11 H wide. Each of the 1-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 stor~ge 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 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 roort:l. Each dwelling unit also has a fuse box with seven circuits. PATCHIN MESSNER & DODD Valuation Counselors .:'jo'. :~rJ:r:' . .:::';.;;2{' . :-~...~: .' -':";:;.:i. :~t~1}>,. -;~.~:.{~. :::~<~::...' "J~~~(: . ....~.:.. . :.-, -~..' . M-'~" ':j~~:'.'~..' :,:"~.:r- . . ..:~: .~.. ~:~t~...: '~~:: ;,';:.,: . ::.'tl:-'!. ,,~: . .' ~i~.:~: . . .~.::;:. , :~~2.~,.'. M '. . ...... f<.... 'l.': ". " . ;. ,. :~~f.' '.. 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-6ut 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 a stall, asphalt parking lot with periineter concrete curbing, a 3/4 wood enclosure for a garbage dumpster, a sign, and some 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. However, the parking lot seems to be in fair condition, and some flaking paint was observed on window frames. PATCHIN MESSNER & DODD Valuation Counselors ~jmr !,]~~, f( f\I'f n ~ ~:Jl ! 't~:l ! ,.,Ii t h:~: ~ I:ii Ii, ~i"~j' 3;m f ~l I ~;~ I d t l~ r 1'4 i ~..il:: f ." I ill ;:;{. I ~1~ ';It "~ id ':f~~". ~~." :~{ ~~. 20235-G '~:::-:. .,;\: {; 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 tumover occurs. Common area carpeting seems to be in good condition. Unit #4 (Studio), and Unit IS (1-BR). PATCHIN MEsSNER & DODD ValUation Counselors ..... i1 ~ R ~ K i~ ~ I. ., !i n i! ~ ~ !l a ii tl ,. ,I " it ~' ..;, ~: j. 20235-G PHOTOGRAPHS OF SUBJECT Front View - North And East B'uilding Elevations Rear View - North And East Building Elevations 22 i .i ! i or J .1 :1 J 'I 'I . ii 'I ,I :1 ! 'I f " ;i 'f I ~ . f .1 r~ i.i- ~~: i!t' ;1' [ ~ " :." \.~ U ;}~ 5 ~~~ f r~ j'~ a n ~J f ~ t ,. ft ~J I '. , rf ~~ r :,. ,'~ I , .< i. ~:: " I' ~ ~ ~ H '," fi .,' ~ fs It 'j : ,. ~ .. .. U nj ~ P- H : 11 '; e '1 P ATCHINMEsSNER & DODD 20235-G PHOTOGRAPHS .OF SUBJECT Rear View - South BUilding Elevation laundry Room 23 P ATCHINMEsSNER & DODD <I . .:t ':~ tI ":.} <~ ';li :l! :if .i "~ :'li ;.;~ .:;'!! 1- ;~~ '.'if ....:j~. -:. ~~ '::-. ",.r -',::! :" J r~ :J; :.j) ;, I :'11 ~ i'" :1 Ffi i ..'.t; ~ ;}: II :j.f: I ;.!~ r. l I .i;' ~ '., ~ :J' N :;t; ~ ;.;" ~ ~.J.".: ~ ~l , '. ". >" 20235-G fJHOTOGRAPHS OF SUBJECT Typical Kitchen Typical Bathroom PATCHJN MEsSNER & DODD 24 r " r :J r I I I r 'I " :1 1/ '{ i I r. 'I [ "I I 'or ,. :1 I [ 1 ! . t " , ~ 'f ~ . ~ n .I ~ r ~ . I: ~ . ~ ~ 'f tl r. Jl. i II 1, ~ . 1 ~t F ~ . ,f ~ ~ , "fl {,'t,: . i~ ~ If ~~ . ..;,.... ~r. ' .'~ 20235-G .~ 'I :1 '1 PHOTOGRAPHS OF SUBJECT ; .~ ., ;, :~~. 1 (-fi .. , -;. J ,li 'I~ . I i. .. , 'J Typical Living Room I ~ I I j i ~ j' ~ j j 'I j 1 l j 1 j 1 l i 1 j ~ .; ~ Typical Bedroom P ATCHlNMEssNER & DODD 25 II , . ( ; i :j I I If W if U f I i g a ~ " !l I' ,f ~ Ii a a Ii h iI ~ U , \ ." .' . . .~. .. .' > . ,. ~;. ~~r...' tff( .... . .,:",,~" . .'''''''. . .....~;::--. .' . '..'. L,iMITED APPRAiSAL, SUMMf\RY RE'P.6.RT: .' . '1i~LiNIT.APARTMENTBUfLeiN(?":.... ~.:. 6528 CEDA.RA.VENUESOLJTH.... .. . RICHFrELD/MINNf~OT A " ~" . . . l' .... . D!, TE C:>F REPORt.'. . May '12; 2005" ': .' " .... ..' ". . :.. ~. .' '., PREPAR~q FOR:..... ,. . .. City of Rk:lifie~d".' ...:. '. Comn1unityDev~lopmeflt Department,' . c'" do: c:6riworth,.lnc.,.... . . ." '. ,.4125 Excelsior ~oufevard, Sui~e~,b(r.: .. St. Louis Pafk;MN55416..:."......:: '.' . . .', . :', . . . " . .. PREPARED. !3Y: ,. .' '.. '" .... . .',' ~ . :P.atchin M~ssner & D~d.d .'. .' ..... . . .' '.:. Sun~etPond~ Office Park : ..: ..: . 13967'.West Preserve Boulevard. ....,:. . . . . . Burnsville" MN 5533<-:.: ..... ...... . . . . . . . 'PAT:CHIN MESSNER &.'DODl;:i . . '. . . '. '.. '. . ',' .' . . . ~~i: I~ ~l~ ~l!I:: . &l:~~ t . i" ~.~ ,. ~. r 1'. J ?: r ~. r~ .It r , . , ~. ~ b,. ~: 8-1' ~'''r II '1 I . ~tI f I,', '. il~ , '!t~ U 'II ~; 1 ",.;' ~ .t ~ ~l i '. ~ ~ ~ u ~ ~ II U ~ ~ n ij U IT ~ ~ I 1 ~tf l~lr .~ ~"j ., ~i' .&: If.'W f~f ~~~' ~.~. ; .f,/, ',11 <~$~ . ~'" . '<~... &:: i..:-::.. :;E.:~ ~t .t 20536A v SUMMARY OF SALIENT FACTS 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 rectangular; 15,727 SF Built ;n 1963, l2-unit apartment building with l8-stall parking lot. 11 - 1-BR units and 1 studio. 565 SF interior unit size 1 BR; 284 SF interior unit size studio; 2.5 story building height; 3,168 SF per floor; 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 ~ESSNER & DODD Valuation Counselors ,'; .. ; t~ ':.: ~ '.: ~ ;", ( 20536A viii l','~ . ,." ,r dUff! . ~.~. ..; \.:; .~. .. ~;'r ~ i;,..,~. .... : ..~ ,- .!<:. . . .~~,. .... , 'f!:' ";.':,~:,',,' '.., . :..... ..\...:~..,;:. -. .... ., : . ;.;.,,,..J'lft,GIH;SC .:.i i ~ . . . . . ," .: ~ .... '. '." ~., .~ -: . ~.' .p:,;........: ....,; ..,:,_.,L_~":" ct. ~;c .~. ':"~:"";'1". " :~; ..l'\'e~Ple1~ '(h.t '~.::, ~J'. ,..,;: ,:~:II';i .:. :" .i".i~; ~., . .. ~., , .:s :~) . ";-rrp.~;-:i:.:.;.,t.. '. ,.~:'. ,.:,-.: :.: .... '..~.. ;~~:. ,,:;fi~~~:~Hf:1JI2 :...' 3..... '.-""'" :,.... , , ';'s' :. ..: l;~~eFan;;;.i;';j'd . ' ': .,....,. ....:. -: '-::':"f: " ' j~:~:~~~w~~i.~X ,:::-'. .. .'. ," , :ffJr:":,fTHIZ-,. ... ':i':"'r"~',,~ ;' ~ ".'.,~,,:, ,1,1,'.", . ;.;',"~.'., .,.,..:..., f- . . (d.; . '~~7<"8~f ~......~ ~. : '" ..PI~rl~~~'.;~'~~ ?}I~.'~~~ ':.' " ~.' " . , Ci,,!,l~:';~ ~ !. .... ". cr; .~::..,~:: ! ;.,;... ,,' .:.'~,/ '-... ',.- r~~ .--<. '~.~~,~<"'" >/ '. "<~,~~ . . ~, ',,'p ., /r, ~~, . ;,,~~ ;l'. ~,;:~~~:~~.J.:: :<~ li. , .T:;Ji~' '; r :' .lL;1l.~t..,:o:.~,.'.~.~i.,'._.::,.,~..:...:..;.:.i' f. ~_.~br\1.~'fl<,:, .4 ;..,.', . "__ ,:." ,. ',.::, .l:p ". ;;..><,;',.,.:i.., I.i,.:. :.""; '. ;:"'::"i'17 '~:. ", '". ... ,,' . . .;. ::,\.\ tr~.;;;' ".:j".t~ . :.:j~OI"~~:i','" <; " ,,' . :~+~~~l(~~r~.'.~: "'::"::', :,. " .'-- .' , , ,~~:_, -'i]ifrt~. ~. : ," :. ~~~- : j}l! ;t'~: ...~): ....;. ,r., .:-:1' l' j; '''I ';'.1' ::"~:'IL .- ' ;:i' ' ,; ,\, 0 "i. n :ri: I . : h~. I ~ Ii ~ Ii U Il . ~ & ~ ~ 1 -~~.?;:.....{ '~. ..... ~ 1'n .; :.~ " ;: '~, .' " \f.;.~t:ji.....;:~ .. .8rY,lln.\eS'l< . ~1.~ :..:, . ". . "j'J' .;. ~ I, , ; ~-- . . t. :e~1!1~~r.;W.2o!t~i ..,., '4~.. , ':',.: ~........." ...J......~..,~ ...........:t Fr' .'~ Smith ~~~~ 4 ~.1.; ~? :~. "",:. :~'i.~t:t.1tf "., .. " {'~ . .:':.. ;. ..,~ : . ? "'";' :_.~h~h ..: SUBJECT LOCATION MAP PATCHIN MESSNER & DODD Valuation Counselors 20536A ix -- I 1~-"6 L 1~6i . . . 0::: I I~ T '" <: 0 (26) (37) < 58) 6" I~ (Sf) -. 2 ~ ( I ~ 11 " ~ / I (59) :; {2:7) (36) -----...-- {2 s ! ~ - ... ~ ~ io ; ~ 1(~ (00) J:'..... (28) Ii (35) <(. ..; S . liJ :; 10 on (SO) ~ g (51) ... (29) (34) (4 , II 3 5 a (62) (55) (30) (33) a {S. f 12 f30 7 ( 6'3) , ('32) (7) I ~r /' 113,31 10. {6} w 1 ! z (54) I (120)" . (ITS) I t!------:: ~ .S) :B I IZ -L- I . I $ -.----- - 13 E ~.07 - .1 -:.:rJ t , $I , . J SUBJEct PLAT MAP PATCHIN MESSNER & DODD Valuation Counselors f I I i i a II I I fi n i M II r ,I r U II ~ Il r. ~ e ~ ! j1 "::. . 20536A 13 ._~ " i1 :s. :1 .~ , SITE DESCRIPTION :~ i~ if I, ~ ~ ~ ~ ~ i ~ ! I J ~ ! ! I I I 1 I j t Size: 15,727SF Shape: Rectangu I"ar 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 street lights. 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. The subject is not located in a flood zone, a Zone C cI ass i ficat ion . i r Access: Soils: terrain: Flood Hazard: Utilities: All public utilities ~re 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 & Encu mbrances: I i I ,I II ij ~ II 11 ~ I) II 11 r. H u " ~ il H il ij r il Ii g ~l it " it 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 uti lity 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 tliree 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 wall, 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. Unit Mix: Unit Size: 1-BRi 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. 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 . Single pane slider windows in wood sash with metal combination storms and screens Age: Frame: Exterior Walls: Roof: Windows: PATCHIN MESSNER & DODD Valuation Counselors ;!:"e'" 11- ~";: . {~. . '~\r . '~;I' " . ..''1:,' iti~:" :~~ii. -'":'..~ .~ " ! l....~ (1~ {i.,1 -";,,f, l~t :m L;f F::'r; r\i ~~:~ :" r I f i i j j ., 1 Wi "'J L'll I .~~. ,I f.} H l:1, ' I f!f I :.n n ~'! ~ fl I . t t,rJ I ."." n .;::: il D: ~ .u ~,; l -:~. It f~:: n f~; I! }'~~ ~ ;';:, II I' j .:';!' -4 .., ~ Ir ~ :iI I .~ ~ .- i .i ~ 1 ~ 1 20536A 15 IMPROVEMENTS DESCRIPTION Heat: Air Conditioning: Interior Unit Finish: . Common Area Finish: Unit Description: Electrical: 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 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 coyerings 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. 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 are 4'11" wide. Each of the l-BR units has a small kitchen, a dining area, living rooin, 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 C?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 ci reu its. r I I I ~ I I Po ~ H [ " il u Ii I ~ ~. Ij- fi ~~ H II F ~! ;! PATCHIN MESSNER & DODD Valuation Counselors ';:' ~ .:: $. ~~. 20536A 16 IMPROVEMENTS DESCRIPTION Plumbing: Fire Protection: Security: 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 detectors are located through-oLit the building. An intercom security system is present. Visitor access is controlled by tenants from their apartment units. An intercom and dOQr 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 floor." Stairwells are present at the southeast and f.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 coi n-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 18 stall, asphalt parking lot with perimeter concrete curbing, a 3/4 wood enclosure for a garbage dumpster, and some 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. PATCHIN MESSNER & DonD Valuation CounselolS ~ I I I f , [ M ~ n ii Ij ':1 $, . .<j 20536A . .,1 .:~ :1 IMPROVEMENtS DESCRIPTION .j '.' 1 oj 1 i J "1 :1 'j j . 17 Overall Condition: Average. According to the property owner, the roof was replaced approximately 5 years ago, however, the windows and the boiler seem to be original. Appliances in each unit have been replacE;d as 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. Units Inspected: Unit#4 (Studio), Unit#7 and Unit #10 (1-BR's)" :I l j .~ 1 ,I , .~ :i ; i I 1 . I I ; ~ . .\ ) i PATCHIN MESSNER & DODD Valuation Counselors r I f ! I a I [ i Il' I R " " H II i' ~ ij ~ .' ~ H ,j ~ Ii I: fl II lj U .{~t~ . IT '><:<" l ~. .. .~ ~ ; "::. .!- .j l '1 J ~t :~ J ~'i , i 1 I ~ ;f .~ I i 1 ~ '! 1 1 1 "1 :i . :1 ';, ~ .; 1 1 i ~ ~ .\ ~ j 1 :i 20536A 18 PHOTOGRAPHS OF SUBJECT Front View - South And East Building Elevations Rear View - North And West Building Elevations' PAl'CHIN MESSNER & DODD Valuation Counselors 'J.'i ,lli c~ .':'ii2 d~ '.;:' ".("~-1' . .:~'!.t' 0"" ".';1,-: '..f i.~ :.I~r . ~~ m: "'f' . .' ~ "., ::;::i: jf~ ::;1:: .,.~,. .~:. ,: ;!E' .or.. ,..,:~ ,',?:til' ':'Sj" .::,~~ I, t ,I :;h. U .~:fl ( ~II II J'" ~. ;11 :-M{! ij :;r" ..,:ft:' Il ;~Itl ~ . ...'/'.. ;~ I t t:' !" ~ I" , , i I , i ! j" I" i r t t ! I I I ~ , ! i f , , ~. I ~ ~ I l , I I , l r ! i i j ; ! , i I I { , ~ I I j I I . I 20536A 19 PHOTOGRAPHS OF SUBJECT . ., . Common AreaStalrWen""" laundry R,oom PATCHIN MESSNER & DODD Valuation Counselors I I [ l ~ I I I " ~ l!. !I II II I ij ii i fi II h u Ii ~ 20536A 21 PHOTOGRAPHS OF SUBJECT Typical Living Room Typieal Bedroom PATCHIN MESSNER & DODD Valuation Counselors . .>. [ ~ .. j ( I .>- R >; [ j I .~ ~ :i i' :s ; . ~ )i ~ d [' ~ H ;, ~ ,1 ij , ~ .;.p, ~. J ~: Ii h ~ " i1 (! U , II J .; 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 ABA TEMENT REQUIREMENTS STRUCTURES TARGETED FOR DEMOLITION 6400 CEDAR A VENUE SOUTH 6520 CEDAR A VENUE SOUTH 6528 CEDAR AVENUE SOUTH Prepared for: SRF Consulting Group, Inc. & Housing and Redevelopment Authority in and for the City of Richfield, Minnesota April 1 0, 2006 Asbestos, Lead-Based Paint alld Hazardous Materials Alml elllenl Requ irclllenls - Peel' # 15077 6400, 6520llnd 6528 Cedar Avenue Soulll, Richfield, MN ASBESTOS, LEAD-BASED PAINT AND HAZARDOUS MATERIALS ABATEMENT REQUIREMENTS STRUCTURES TARGETED FOR DEMOLITION 6400 CEDAR A VENUE SOUTH 6520 CEDAR AVENUE SOUTH 6528 CEDAR A VENUE SOUTH (Peer File if 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, Minnesota 55423 Prepared by: Peer Engineering, Inc. 4801 West 31st Street, Suite 118 Bloomington, Minnesota 55437 (952) 831-3341 April 10, 2006 Peer Engineering, Inc. Asbestos, Lead-Based Pailll aud HaZllrdolls Malerials Abalclluml RequiremcI71s - Peer #15077 6400,6520 and 6528 Cedar AnemIe SOIl/h, I~ichfield, MN ii TABLE OF CONTENTS S ECTI 0 N 1 ~ GENERAL RE Q VIREMENT S ....................... .......... ....... .... ....... ......... ...... ............... 1 1.01 PROJECT LOCATION. .............. ....... ......................... ............ ....................... .................. 1 1.02 GENERAL WORK DESCRIPTION ..............................................................................1 1.03 BID SUBMITTALS..... ....... ............. ...... ............. ... ....... ............ ....... ......... ....... ........ ...... ....2 1.04 PERMITS, FEES, PATENTS ...... ....... ............... .......... ............ ....... ......... ....... .................. 3 1.05 OWNER INSPECTIONS. ............ ..... ....... ......... ...... ...................... .......... ....... ...... .........:. 3 SECTION 2 - ASBESTOS ABATEMENT ................_..........................................................................4 2.01 SITE WORK.................. .............. .... ...... ........................................... ......... ......................... 4 SECTION 3 ~ HAZARDOUS MATERIALS REMOVAL............................................................. S 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 OrnER IDENTIFIED MATERIALS ....................... ............ ....... .............................. .....6 3.07 TRANSPORT AND OFF-SITE DISPOSITION ............................................................7 Attachment 1 ~ Hazardous Material Inventory Summary Forms Attachment 2 ~ Guidance for the Removal, Transport, and Disposal of Category I Asbestos~Containing Materials Peer Engineering, Inc. Asbestos, Lead-Based Paint and Hazardous Male/'iafsAbalemcnf Requi/'ell/ellts - Pee/' #15077 6400,6520, and 6528 Ceda/' AlIcmll! SOIlIIl, Richfield, MN PagE 1 SECTION 1 - GENERAL REQUIREMENTS 1.01 PROJECT LOCATION 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 b)' others. 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 a~tivities, and accol'ding to current State and Federal regulations, would require abatement prior to initiatin.g demolition activities. 3. Inventory potentially hazardous materials that should be removed and properly disposed prior to initiating demolition activities. 4. Identify surfaces U1at contain lead-based paint in poor condition that should be stabilized prior to initiating demolition activities. Peer Engineering, Inc. Ashes/os, Lead"Bllsed Paint and Hazardous Materials AI1l1/emell! Require/llellts - Peer # 15077 6400,6520, and 6528 Cedar A;lel1lJe SOtllh, Richfield, 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 document 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 atfue 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 ana 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 HeaIthAsbestos 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. Ilsbestos, Lead-Based Pllint and Hazardolls Mntm'il1ls Illmfeme11f Reqllirements . Peer # 15077 6400,6520, Ilnd 6528 Cedar Ilpe/me Soll/h, Richfield, MN Page 3 1.04 PERMITS, FEES, PATENTS A. Contractor shall pay for all Permits required by the City and any other Governmental Agencies havi~g 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. AS/les/os, Lead-Bns(>d Paint and Hazardous Malaiais AIJatel1lel!t Heqrlil'cmel1/s - Peer # 15077 6400,6520, IInd 6528 Cedar AveHlIe SOl/tlz, Richfield, 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 the abatement of identified asbestos-containing materials (ACM) in acc01'dance with current State and Federal regulations and standards: .. Licenses, permits and notifications. .. Work area preparation. . . Medical monitoring. .. Personnel protection. .. Removal of ACM (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 for the Removal, Transport, and Disposal of Category I Asbestos-Containing Materials is included as Attachment 2. The 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 Federat State, and local regulations. END OF SECTION 2 Peer Engineering, Inc. Asbeslos, Lead-Based Pail'll and Hazardous Malerillis Abatement R.eqlljr(~lIle1Tls - l'eer#15077 6400,6520, (md 6528 Cedar Il,lfllli!! SOl/Iii, R.ichfield, MN Page 5 SECTION 3 - HAZARDOUS MATERIALS REMOVAL 3.01 GENERAL Hazardous, or potentially hazardous, materials and equipment identified at the properties are listed 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" labet 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 11 non-hazardous solid waste, as appropriate. All ballasts with a "No PCBslf label require removal and disposal by Contractor. E. Contractor shall arrange for packaging, labeling, pickup, transport and disposal of the removed ballasts at a permitted disposal facility. 3.03 FLUORESCENT LAMPS A. The fluorescent lamps identified 111 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, Inc. Asbestos, Lead-Based Paillt and HI!Zlmlow; Materials AIJl/I'~J/le1If RequireJ/TeJ1/s - Peer #15077 6400,6520, and 6528 Cedar ApC/1ue Soutll, 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 packagingl labelingl 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 hydrochlorofluorocarbons (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 1. 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, Laad-Based Paint and Haztlrdous Materials Aba/ement Requirements - Peer # 15077 6400,6520, and 6528 Cedar Ape/we South, 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. Contractor shall secure materials in transport vehicles/containers in accordance with regulations governing transportation of these materials. 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. D. Contractor shall provide and prepare manifests as required for the transport and disposal of the removed materials. Shipping manifests shall be of a form acceptable to the State of Milmesota and the state to which the material is destined. TI1e 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 CFR 173,49 CFR 174, 49 CPR 176, and 49 CPR 177. 3. Mark and placard shipments in accordance with DOT, 40 CPR 262, and 40 CPR 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. Ashes/os, l.ead-Based Paint and l-Jawrdolls Maferials AbafclIIcmt Requircments - Peer #15077 6400,6520, ami 6528 Cedar Avenue SOl/Ih, Ricftjield, MN p(/g(~ 8 3. Facilities accepting hazardous or TSCAwregulated 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 b.'om 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. HAZARDOUS MATERIALS INVENTORY Address: 6400 Cedar Avenue South Richfield, MN A hazardous materials iilVentOl'Y 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), potentiaIIy hazardous materials and deteriorated lead-based paint. Reference should be made to the report for limitations on the inventory process and for identification and sampling results of all suspect ACM and deteriorated lead-based paint Asbestos-Co1ltainillg Mate1'ials The following ACM was either identified 01' assumed.: ACM Description/Location Estimated Quantity Friable Condition (Visible) (F)jNon- Friable (NF) Black and cream mastic associated with white square 110 ft2 NF- Good w Iblue 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 storage 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 1" 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 ft2 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 n011- 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 Materials 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-eratol's 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 No painted, glazed or stained surfaces in poor condition were observed on the structure. Therefore, no testing for lead-based paint was conducted. Limitatio1ts 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: 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 limitations on the inventory process and for identification and sampling results of all suspect ACM. and deteriorated lead-based paint. Asbestos-Colltai1tillg Materials The following ACM was either identified or assumed: ACM Description/Location Estimated Quantity Friable Condition {Visible} (F)/Non- Friable (NF) 9" x 9" tan with white streaks floor tile/Laundry Room 270 ft2 NF- Good Category I 9" x 9/tbrown with tan and black streaks floor tile/West 160 ft2 NF- Good stairwell Category I 9" x 9" tan and brown mottled floor tile/ Apartments 1 500 ft2 NF- Good thru 4,6 thru 9, 11, and 12 Category I Bottom floor tile under 12# x 12" floor tile/ Apartment 1 120 ft2 NF- Good Category I 12" x 12" beige stone patte.rn floor tile/ Apartment 10 120 ft2 NF- Good Category I 12" x 12/t red six-inch squares pattern floor tile and 65 ft2 NF- Good associated black mastic/East stairwell Category I AIl 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 during demolition, but must be segregated and disposed of as asbestos-containing waste. Hazardous Materials The following potentially hazardous equipment and materials were identified: Equipment/Material Quantity Location Thermostat 12 Living units Smoke detector 12 Living units Water heater 1 Mechanical room Furnace 1 Mechanical room Ail' conditioner units 2 Living units Hydraulic door closers 5 Throughout Exterior hig-h 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 Paiat No painted, glazed or stained surfaces in poor condition were observed on the structure. Therefore, no testing for lead-based paint was conducted. Limitations The quantities listed in this inventory reflect those items visible at the time of the survey. AU quantities in this inventory are estimations and should not be considered exactmeasurements 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 Peel' 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 inventory process and fol' 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 12/1 floor tile/ Aparhnent 2 Categ-ory I Bottom floor tile and associated black mastic under 12" x 80 fF NF- Good 12/1 floor tile/ Apartment 4 Category I Bottom floor tile under 12" x 12" floor tile/ Apartment 7 130 fF NF- Good Categ-ory I Bottom floor tile under 12" x 12" floor tile/ Apartment 9 130 ft2 NF- Good Category I 12" x 12" brown wood-grain floor tile/ Apartment 11 130 ft2 NF- Good Category I 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/ Aparhnents 3, 5, 6, 650 ft2 NF- Good 8, 9, 11, and 12 Category I 9" x 9" brown/ tan/ green mottled fIooI' tile and associated 150 ft2 NF- Good black mastic/Laundry room Category I 9" x 9/1 tan floor tile and associated black mastic/West 160 ft2 NF- Good stairwell Categ-orv I 9" x 9/1 brown floor tile/West stairweU 4ft2 NF- Good Category I Brown mastic associated with 4/1 x 4/1 white ceramic 1,500 ft2 NF- Good tile/Bathrooms of all apartments Category I Black tar around vents on the roof 30 ft NF- Good Category 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 during demolition, but must be segregated and disposed of as asbestos-containing waste. 6528 Cedar Avenue South Page 2 . Hazardous Materials The following potentially hazardous equipment and materials were identified: Equipment/Material Quantity Location 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 Hydraulic 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. Li11litatiOl"lS 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. ~TT ACHMENT 2 ~ --- - ............... Minnesota Pollution Control Agency Metro District, Regular Facilities Section Guidance for the Removal, Transport, and Disposal of Category I Asbestos-Containing Materials Air Quallty/Asbestos Program/#4.04/0ecember 2000 This document offers 6TUidance 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 Codeof Federal Regulations (CFR) JJt. 61, subp. M, which has been incorporated into Minn. R.7011.9920. What is Category I ACM Category I 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 I, Polarized Light Microscopy. When does the Asbestos Neshap Apply Category 1 ACM is regulated by the asbestos NESHAP if it is 01' will become fHable 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 dry. Also, any sanding, cutting, grinding, abrading, or intentional burning of Category 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 abradirig, 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 necessary 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 to demolition then the building materials containing, mixed in with, 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 detelmination of what materials are present that contain asbestos. Certain building materials have been known to contain asbestos (i.e. 9"X 9" floor tiles), but others must be tested to detemtine if the material contains asbestos. Once you have identified a Category I ACM in your renovation, the next consideration is the method of removal. lfthe removal involves quantities greater than 160 square feet, then the foHowing procedures must be followed: A) Friable ACM must be removed by licensed asbestos removal contractors. Category I ACM that is able to be c11lshed or crumbled by hand pressure is friable. This detelmination 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, TIY (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 l10nfriable Category I ACM the removal must be done in such a manner that it does not cause the CategOlY I ACM to be c111shed, crumbled, pulverized, or reduced to powder or subject the ACM to any sanding, cutting, grinding, or abrading rendering the CategOlY I ACM to become RACM. Examples of removal methods that: would render the Category 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 careful to keep the Category I ACM as intact as possible. For example, the use of solvents, heat machines, or dry ice to loosen Category I ACM nonfriable floor tiles are examples of removal 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 Parts 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 Depm1ment of Health. For more info call (651) 215-0900. D) The detennination of who is allowed to remove Categ01Y 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 subj ect you to an enforcement action that could potentially include monetary penalties. Air QuafityfAsbestos 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 warning 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 cUl1'ently approved to receive ACWM in Minnesota, please contact the MPCA asbestos team. Category IACM in Demolition Projects Category I ACM may remain in place duringnolmaI demolition as long as the Categ01Y I ACM is nonfriable, in good condition, and will not specifically be subjected to sanding, cutting, grinding, abrading, or intentional buming. 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, or 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 regulations and making your own independent determination of its applicability to your asbestos removal or demolition project. Examples in the guidance document do 110t represent an exhaustive listing of projects or removal methods to which the regulation might apply. 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STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: DERICK ANDERSON, CIVIL ENGINEER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of award of contract for the 2006 Concrete Sidewalk, Curb and Gutter Repair. I. RECOMMENDED ACTION: By Motion: Accept the bid minutes/tabulation and award a contract for 2006 Curb and Gutter, Sidewalk and Miscellaneous Concrete Repair to Ron Kassa Construction, Inc. in the sum of $53,720.50. I II. BACKGROUND I Each year the city awards a contract to replace broken and dangerous sidewalks, curb and gutter, and other concrete as necessary. This year's concrete contract includes: removal, replacement and appurtenant work for concrete sidewalks and curb and gutter at various locations. Because the specifications were written early in the year, not all 2006 concret~ needs have been identified. Therefore, the contract provides for an increase/decrease in quantity to meet the budgeted amount. There were two plan holders for the April 11 ,2006 bid opening. One bid was received. 0411 SideCurbGutter I III. BASIS OF RECOMMENDATION I I A. POLICY I . Each year the City contracts to replace broken and dangerous sidewalk, curb and gutter and other concrete work as necessary. . The advertisement for bid for this contract was published in the Richfield Sun-Current on March 23, 2006 and in the Construction Bulletin on March 24, 2006. . A bid opening was held on April 11, 2006. A copy of the bid tabulations for the Sidewalk, Concrete Curb and Gutter contract is attached. . The City follows a competitive bid process and should award the contract to the lowest responsible bidder. I B. CRITICAL ISSUES I . Ron Kassa Construction, Inc. was the only responsible bidder to submit a bid and is an established contractor that meets all requirements. . Ron Kassa Construction, Inc. was the low bidder last year with 6 bids submitted. . This year's bid was a 4.5% increase over last year. [ C. FINANCIAL I . The annual general street maintenance budget includes funding for replacement of miscellaneous broken and dangerous boulevard sidewalk, curb and gutter. . The budgeted amount for sidewalk curb and gutter repair is $46,350 I D. LEGAL I . When the amount of purchase is estimated to exceed $50,000, sealed bids shall be solicited by public notice in the manner and subject to the law governing contracts or purchases by the City of Richfield. I IV. ALTERNATIVE RECOMMENDATION(S) I . Council may choose to reject the bid and direct staff to obtain new bids; however, the prices received for this work are fair, and staff does not believe lower prices can be obtained from a reputable contractor. . Do not do the work. This contract is an important tool in protecting Richfield residents from injury caused by tripping on damaged sidewalk and slipping on ice built up in gutters. The contract also provides a tool for making minor improvements which benefit Richfield residents. I V. ATTACHMENTS . Bid minutes/tabulation. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING None. CITY OF RICHFIELD, MINNESOTA Bid Opening April 11, 2006 10:30 a.m. 2006 Concrete Sidewalk, Curb and Gutter Bid No. 06-03 Pursuant to requirements of Resolution NO.1 015, a meeting of the Administrative Staff was called by Nancy Gibbs, City Clerk, who announced that the purpose of the meeting was to receive, open and read aloud bids for 2006 concrete sidewalk, curb and gutter repair, as advertised in the official newspaper on March 23, 2006 and the Construction Bulletin on March 24, 2006. Present: Nancy Gibbs, City Clerk Derick Anderson, Public Works Director Representative Cheryl Krumholz, City Manager Representative The following bid was submitted and read aloud: Bidder's Name Bond Total Base Bid Ron Kassa Construction Inc. Provided $ 53,720.50 The City Clerk announced that the bid would be tabulated and considered at the April 25, 2006 City Council Meeting. Nancy Gibbs City Clerk AGENDA SECTION: AGENDA ITEM # REpORT # RESOLUTION 7 86 ....... STAFF REpORT RICHFIEL[j) CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of a resolution awarding the sale of $6,080,000 General Obligation Water & Sewer Revenue Bonds, Series 2006A. I. RECOMMENDED ACTION: By Motion: Approval of the resolution awarding the sale of $6,080,000 General Obligation Water & Sewer Revenue Bonds, Series 2006A; fixing their form and specifications; directing their execution and delivery; and providing for their payment. I II. BACKGROUND I . On March 28, 2006, the City Council adopted a resolution providing for the sale of General Obligation (G.O.) Water & Sewer Revenue Bonds, Series 2006A; to provide funding for needed capital improvements at the City's Water Plant. . Bids on the G.O Water & Sewer Bonds are due in the offices of Ehlers & Associates, Inc. on April 25,2006. A representative from Ehlers & Associates, Inc. will be at the City Council meeting to recommend the successful bidder and review attached documents, and provide information that is absent from the resolution and available only after the bidding on the certificates has closed. . Following Ehlers & Associates, Inc. recommendation, it would be appropriate for the City Council to award the bond sale to the qualified buyer and undertake other related actions as necessary as delineated in the approving resolution. The closing on the bonds is scheduled for mid-May, 2006. 0425BondSale I III. BASIS OF RECOMMENDATION I I A. POLICY I . The City Council approved the call for sale of the General Obligation Water & Sewer Revenue Bonds, Series 2006A at the March 28, 2006 City Council meeting. lB. CRITICAL ISSUES I . If the improvements are not completed, the Water Plant could possibly face equipment failures and interruptions in operations. I C. FINANCIAL I . The total of the G.O. Water & Sewer Revenue Bonds to be issued is $6,080,000. . This issuance would provide $5,800,000 in net proceeds. The proceeds would then be used to fund the following capital improvements at the City's Water Plant: o Installation of Backwash Tanks $ 1,100,000 o Replace Sludge Presses 1,300,000 o Expand Recarbonation Basin 500,000 o Replace Lime Feed System 400,000 o Replacement of Water Meter System 2,500,000 . The funding for debt service on the bonds will be water and sewer revenues. . Utility rates will most likely needed to be increased to help cover the debt service payments. I D. LEGAL I . Legal counsel has been involved in the bond sale transaction as bond counsel to the City. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council may decide to not proceed with the award of sale for the bonds or delay action until a future City Council meeting. However, both of these alternatives would delay or jeopardize the needed improvements at the Water Plant. I V. ATTACHMENTS . Resolution. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . Sid Inman, Ehlers & Associates, Inc. RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $6,080,000 GENERAL OBLIGATION WATER AND SEWER REVENUE BONDS, SERIES 2006A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Richfield, Hennepin County, Minnesota (the "City") as follows: Section 1. Sale of Bonds. 1. 01. It is determined that: (a) the City engineer has recommended the construction of various improvements to the City's water and sewer system, including capital improvements to the City's water plant (the "Project"). (b) the City is authorized by Minnesota Statutes, Section 444.075 (the "Act") to finance all or a portion of the cost of the Project (the "Project Costs") by the issuance of general obligation bonds of the City payable from the net revenues of the water and sewer system. The Project Costs are presently estimated by the engineer to be as follows: Project Designation & Description: Total Project Cost Project Construction Fund Underwriter's Discount Costs of Issuance Capitalized Interest Rounding Amount $5,800,000.00 66,880.00 40,000.00 172,838.33 281.67 Total $6,080,000.00 (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $6,080,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A (the "Bonds") pursuant to the Act to provide financing for the Project. 1.02. The proposal of (the "Purchaser") to purchase $6,080,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A (the "Bonds") of the City described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is accepted, the proposal being to purchase the Bonds at a price of $ , plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year Interest Rate Year Interest Rate 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 True interest cost: 1.02. The sum of$ , being the amount proposed by the Purchaser in excess of $ , shall be credited to the Debt Service Fund hereinafter created, or such other fund as deterIhined by the City's financial advisor. The City Finance Manager is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful proposers. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf ofthe City. 1.03. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes, Section 444.075 (the "Act"), in the total principal amount of $6,080,000, originally dated May 18,2006, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R- 1, upward, bearing interest as above set forth, and maturing serially on February I in the years and amounts as follows: Year Amount Year Am0unt 2008 $205,000 2018 $300,000 2009 215,000 2019 310,000 2010 220,000 2020 325,000 2011 230,000 2021 340,000 2012 235,000 2022 350,000 2013 245,000 2023 370,000 2014 255,000 2024 385,000 2015 265,000 2025 405,000 2016 275,000 2026 420,000 2017 285,000 2027 445,000 2 1.04. Optional Redemption. The City may elect on February 1, 2016, and on any day thereafter to prepay Bonds due on or after February 1,2017. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in Section 7 hereof) of the particular amount of such maturity to be, prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. 1.05. Term Bonds. To be completed if Term Bonds are requested by the Purchaser. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payinent date to which interest has been paid or made available for payment, in which case the Bond will be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case the Bond will be dated as of the date of original issue. The interest on the Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2007, to the registered owners of record thereof as ofthe close of business on the fifteenth day of the immediately preceding month, whether or not that day is a business day. 2.03. Registration. The City will appoint a bond registrar, transfer agent, authenticating agent and paying agent (the "Registrar"). . The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until that interest payment date. 3 (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the Bond to the extent of the sum or sums so paid. (g) Taxes. Fees and Charges. The Registrar may impose a charge upon the owner thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost. Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 4 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice if required by law. Failure to give notice by publication or by mail to registered owners, or any defect therein, will not affect the validity of the proceedings for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints , Minnesota, as the initial Registrar. The Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger . or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, the resulting corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Manager must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and the City Manager, provided that those signatures may be printed, engraved or lithographed facsimiles of the originals. If an officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of a Bond, that signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on a Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the City Manager will deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary 5 bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds will be printed or typewritten in substantially the following form: No.R- UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF RICHFIELD $ GENERAL OBLIGATION WATER AND SEWER REVENUE BOND, SERIES 2006A Rate Maturity Date of Original Issue CUSIP February 1,20_ May 18, 2006 Registered Owner: Cede & Co. The City of Richfield, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (the "City"), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 2007, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , , Minnesota, as Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 2016, and on any day thereafter to prepay Bonds due on or after February 1,2017. Redemption may be in whole or in part and if in part, at the option of the City and in such manner as the City will determine. If less than all Bonds of a maturity are called for redemption, the City will notify The Depository Trust Company ("DTC") of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot 6 the beneficial ownership interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued interest. The City Council has designated the issue of Bonds of which this Bond forms a part as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by th~ Code for the calendar year of issue. This Bond is one of an issue in the aggregate principal amount of $6,080,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on April 25, 2006 (the "Resolution"), for the purpose of providing money to aid in financing various improvements to the water and sewer system of the City, pursuant to and in full conformity with the home rule charter of the City and the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 444.075 and Chapter 475 and the principal hereof and interest hereon are payable primarily from the net revenues of the water and sewer system of the City in a special debt service fund of the City, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in net revenues pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. IT IS HEREBY CERTIFIED AND RECITED That in and by the Resolution, the City has covenanted and agreed that it will continue to own and operate the water and sewer system free from competition by other like municipal utilities; that adequate insurance on said system and suitable fidelity bonds on employees will be carried; that proper and adequate books of account will be kept showing all receipts and disbursements relating to the Water and Sewer Fund, into which it will pay all of the gross revenues from the water and sewer system; that it will also create and maintain a General Obligation Water and Sewer Revenue Bonds, Series 2006A Debt Service Fund, into which it will pay, out of the net revenues from the water and sewer system a sum sufficient to pay principal hereof and interest thereon when due; and that it will provide, by ad valorem tax levies, for any deficiency in required net water and sewer system revenues. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same 7 date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Registrar will be affected by any notice.to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the home rule charter of the City and the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation of indebtedness. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Registrar by manual signature of one of its authorized representatives. IN WITNESS WHEREOF, the City of Richfield, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile or manual signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF RICHFIELD, MINNESOTA (Facsimile) City Manager (Facsimile) Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative 8 The following abbreviations, when used in the inscription on the face of this Bond, will be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants III common UNIF GIFT MIN ACT Custodian (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and not as tenants in common Act. . . . . (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. 9 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a financial institution that is a member of the Securities Transfer Agent Medallion Program ("STAMP"), the Stock Exchange Medallion Program ("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP") or other such "signature guarantee program" as may be determined by the Registrar in addition to, or in substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of 1934, as amended. The Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. . Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee PROVISIONS AS TO REGISTRATION The ownership of the principal of and interest on the within Bond has been registered on the books of the Registrar in the name of the person last noted below. Date of Registration Registered Owner Signature of Officer of Registrar Cede & Co. Federal ID #13-2555119 3.02. The City Manager will obtain a copy of the proposed approving legal opinion of Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to dating thereof and will cause the opinion to be printed on or accompany each Bond. 10 Section 4. Payment; Security; Pledges and Covenants. 4.01. (a) The City will create and continue to operate its Water and Sewer Fund to which will be credited all gross revenues of the water and sewer system and out of which will be paid all normal and reasonable expenses of current operations of the water and sewer system. Any balance therein are deemed net revenues and will be transferred, from time to time, to a General Obligation Water and Sewer Revenue Bonds, Series 2006A Debt Service Fund (the "Debt Service Fund") hereby created in the Water and Sewer Fund, which fund will be used only to pay principal of and interest on the Bonds and any other bonds similarly authorized. There will always be retained in the Debt Service Fund a sufficient amount to pay principal of and interest on all the Bonds described in Section 1.01, and the City Manager must report any current or anticipated deficiency in the Debt Service Fund to the City Council. There is appropriated to the Debt Service Fund (i) capitalized interest financed from Bond proceeds, (ii) any amount over the minimum purchase price of the Bonds paid by the Purchaser, and (iii) the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. (b) The proceeds of the Bonds, less the appropriations made in paragraph (a), together with any other funds appropriated during the construction of the Project financed by the Bonds will be deposited in a separate construction fund to be used solely to defray expenses of the Project and the payment of principal and interest on the Bonds prior to the completion and payment of all costs ofthe Projects. When the Project is completed and the cost thereof paid, the construction account is to be closed and any balance therein is to be deposited in the Debt Service Fund. 4.02. The City Council covenants and agrees with the holders ofthe Bonds that so long as any of the Bonds remain outstanding and unpaid, it will keep and enforce the following covenants and agreements: (a) The City will continue to maintain and efficiently operate the water and sewer system as public utilities and conveniences free from competition of other like . municipal utilities and will cause all revenues therefrom to be deposited in bank accounts and credited to the water and sewer system accounts as hereinabove provided, and will make no expenditures from those accounts except for a duly authorized purpose and in accordance with this resolution. (b) The City will also maintain the Debt Service Fund as a separate account in the Water and Sewer Fund and will cause money to be credited thereto from time to time, out of net revenues from the water and sewer system in sums sufficient to pay principal of and interest on the Bonds when due. ( c) The City will keep and maintain proper and adequate books of records and accounts separate from all other records of the City in which will be complete and correct entries as to all transactions relating to the water and sewer system and which will be open to inspection and copying by any bondholder, or the bondholder's agent or attorney, 11 at any reasonable time, and it will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee therefor, and said account will be audited at least anmially by a qualified public accountant and statements of such audit and report will be furnished to all bondholders upon request. (d) The City Council will cause persons handling revenues of the water and sewer system to be bonded in reasonable amounts for the protection of the City and the bondholders and will cause the funds collected on account of the operations of the water and sewer system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit Insurance Law. ( e) The Council will keep the water and sewer system insured at all times against loss by fire, tornado and other risks customarily insured against with an insurer or insurers in good standing, in such amounts as are customary for like plants, to protect the holders, from time to time, of the Bonds and the City from any loss due to any such casualty and will apply the proceeds of such insurance to make good any such loss. (f) The City and each and all of its officers will punctually perform all duties with reference to the water and sewer system as required by law. (g) The City will impose and collect charges of the nature authorized by Minnesota Statutes, Section 444.075 at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and to create and maintain such reserves securing said payments as may be provided in this resolution. (h) The City Council will levy general ad valorem taxes on all taxable property in the City, when required to meet any deficiency in net revenues. 4.03. It is hereby determined that the estimated collection of net revenues for the payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Taxpayer Services Division Manager of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. 12 Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to .the validity and marketability of the Bonds, and such instruments, including any heretofore furnished, will be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and Finance Manager are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. 5.03. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses (other than amounts payable to Kennedy & Graven, Chartered as Bond Counsel) to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial adviser, Ehlers & Associates, Inc. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the "Code"), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 13 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 2006 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 2006 have been designated for purposes of Section 265(b )(3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book-Entry System; Limited Obligation of City. 7.01. The Bonds will be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth iri Section 1.03 hereof. Upon initial issuance, the ownership of each Bond will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns ("DTC"). Except as provided in this section, all of the outstanding Bonds will be registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee ofDTC. 7.02. With respect to Bonds registered in the registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC, the City, the Registrar and the Paying Agent will have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the "Participants") or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person (other than a registered owner of Bonds, as shown by the registration books kept by the Registrar), of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, 14 premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Registrar, and all such payments will be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Registrar, will receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the City Manager of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC; and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the Registrar and Paying Agent. 7.03. Representation Letter. The City has heretofore executed and delivered to DTC a Blanket Issuer Letter of Representations (the "Representation Letter") which shall govern payment of principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any Paying Agent or Registrar subsequently appointed by the City with respect to the Bonds will agree to take all action necessary for all representations of the City in the Representation letter with respect to the Registrar and Paying Agent, respectively, to be complied with at all times. 7.04. Transfers Outside Book-Entry System. In the event the City, by resolution ofthe City Council, determines that it is in the best interests of the persons having beneficial interests in the Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will notify the Participants, of the availability through DTC of Bond certificates. In such event the City will issue, transfer and exchange Bond certificates as requested by DTC and any other registered owner in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City will issue and the Registrar will authenticate Bond certificates in accordance with this resolution and the provisions hereofwill apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this Resolution to the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC, payments with respect to principal of, premium, if any, and interest on the Bond and all notices with respect to the Bond will be made and given, respectively in the manner provided in DTC's Operational Arrangements, as set forth in the Representation Letter. Section 8. Continuing Disclosure. 8.01. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to be considered an event of default with respect to the Bonds; however, any Bondholder may take 15 such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this section. 8.02. "Continuing Disclosure Certificate" means that certain Continuing Disclosure Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. Section 9. Defeasance. 9.01. When all Bonds and all interest thereon, have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and full payment of the principal of and interest on the Bonds will remain in full force and effect. The City may discharge all Bonds which are due on any date by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. (The remainder of this page is intentionally left blank.) 16 Attest: Passed and adopted this day of City Clerk , 2006. CITY OF RICHFIELD, MINNESOTA Mayor City Manager 17 The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 18 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) SS. ) CITY OF RICHFIELD ) I, the undersigned, being the duly qualified and acting Clerk of the City of Richfield, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on April 25, 2006 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $6,080,000 General Obligation Water and Sewer Revenue Bonds, Series 2006A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this day of ,2006. City Clerk Richfield, Minnesota (SEAL) STATE OF MINNESOTA TAXPAYER SERVICES DIVISION MANAGTER'S CERTIFICATE AS TO REGISTRATION WHERE NO AD VALOREM TAX LEVY COUNTY OF HENNEPIN I, the undersigned Taxpayer Services Division Manager of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Richfield, Minnesota, on April 25, 2006, relating to General Obligation Water and Sewer Revenue Bonds, Series 2006A, in the amount of $6,080,000, dated May 18, 2006, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this _ day of , 2006. Taxpayer Services Division Manager Hennepin County, Minnesota (SEAL) By Deputy EXHIBIT A PROPOSALS 2870S7vl(JAE) RC14S-SS6 A-I AGENDA SECTION: AGENDA ITEM # REpORT # PUBLIC HEARING 8 87 ........ STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: BETSY OSBORN, ADMINISTRATIVE SUPPORT SERVICES MANAGER NAME, TITLE COUNCIL PRESENTER: DEPARTMENT DIRECTOR REVIEW: rn REVIEWED BY CITY MANAGER: gI ITEM FOR COUNCIL CONSIDERATION: Public hearing to consider a request for a new 2006 on-sale intoxicating and Sunday liquor licenses for Jun 80 Chinese Restaurant, 7717 Nicollet Ave. So., Richfield, MN. 55423. I. RECOMMENDED ACTION: Conduct and close the public hearing and by motion: . Approve a request for a new 2006 on-sale intoxicating liquor license; and, . Approve a request for a new Sunday liquor license for Jun 80 Chinese Restaurant, 7717 Nicollet Ave. So., Richfield, MN. 55423. I II. BACKGROUND I An application for a new on-sale intoxicating and Sunday liquor licenses for Jun 80 Chinese Restaurant was received by the City on November 30, 2005. The Public Safety background investigation has been completed and reveals the following: . The three owners are listed as Kee La, Yik La and Yau La. The State of Minnesota recognizes them as a corporation entitled H.K.D. La, Inc. Yik La has identified himself as the president and Yau La as the vice-president. Kee La and 0425 PH Jun 80 Chinese Restaurant New Liquor Licenses Yik Lo will both be on-site managers. Criminal histories were conducted on all three applicants. None of them has a criminal history. They list their address on the license application as 6422 Crackleberry Trail, Woodbury, MN 55125. . Yik Lo, Yau Lo and Kee Lo have previously owned three other restaurants. Only one of these businesses had a liquor license. In 1992, this business, which was located in the City of New Brighton, failed a liquor compliance check. The last year this particular restaurant held a liquor license was in 2002 and the restaurant is now closed. . As this is a new business, there are no unpaid general sales and withholding taxes. . The $10,000 bond issued by Western Surety Company has been submitted. . The required proof of liquor liability insurance coverage has been received. Proof of workers' compensation insurance coverage has also been supplied. The City of Richfield is listed as an additional insured on both of these insurance certificates. . As this is a new request for an on-sale intoxicating and Sunday liquor license, there is no need for an accountant's statement to be submitted regarding the food/alcohol ratio. . As this is a request for a new license, there is no previous "calls for service" contact records to compare this with. . On-sale intoxicating and Sunday liquor licenses require owners of these establishments to comply with Resolution No. 9204, which outlines discipline they can expect if anyon-going problems occur. A copy of this resolution has been given to the owner of the establishment. . There are no distance requirements to notify neighbors of the issuance or renewal of on-sale intoxicating and Sunday liquor licenses. I III. BASIS OF RECOMMENDATION I I A. POLICY I . The applicants have provided staff with all the information they have requested in processing this license application request. I B. CRlTICAL ISSUES I . The requirements of Resolution No. 9204 must be met. I C. FINANCIAL . N/A I D. LEGAL . N/A I IV. ALTERNATIVE RECOMMENDATION(S) I . The Council could decide to deny the licenses requested, which would mean that the current applicants would not be able to obtain on-sale intoxicating liquor and Sunday liquor licenses. I V. ATTACHMENTS . None I VI. PRlNCIP AL PARTIES EXPECTED AT MEETING I . Kee Lo, co-owner of Jun Bo Chinese Restaurant AGENDA SECTION: AGENDA ITEM # REpORT # PROPOSED ORDINANCE 9 88 ...... STAFF REpORT RICHFIELD CITY COUNCIL MEETING APRIL 25, 2006 REpORT PREPARED By: CHRIS REGIS, FINANCE MANAGER NAME, TITLE COUNCIL PRESENTER: REVIEWED BY CITY MANAGER: ITEM FOR COUNCIL CONSIDERATION: Consideration of first reading of the transitory ordinance providing funding for certain capital improvements from the Soecial Revenue Fund. I. RECOMMENDED ACTION: By Motion: Approve firs~reading of the transitory ordinance providing for the expenditure of funds from the Special Revenue Fund for certain capital improvements and schedule public hearing and second reading for May 23,2006. I II. BACKGROUND I . At the December 13, 2005 City Council meeting, the City Council authorized $500,000 of Special Revenue Funds for improvements to several City recreation capital improvements in 2006. . Included in the $500,000 are: . $187,000 Outdoor Pool Renovation Loan Repayment . $100,000 for Major Park Maintenance Projects . $50,000 for Ice Arena Second Sheet Loan Repayment . $77,000 for Ice Arena Parking Lot Reconstruction . $36,000 Lincoln Field and Other Ballfield Improvements . $50,000 for Liquor Operation Capital Improvements . Subsequent to this authorization, the City applied for funds from the State of Minnesota as part of its annual bonding bill. The request was for $505,500 and required a dollar for dollar match from the City. In addition, a revision to the use of the 0425TransitoryOrd funds was proposed. The revision was related to improvements at Lincoln Field and was tied into the City's request from the State of Minnesota as part of the bonding bill. . However, it has been learned that the City's request for funding for the improvements proposed at Lincoln Field was not included in the State's bonding bill. . Consequently, the Community Services Commission, at their monthly meeting on April 18, 2006, has recommended the original uses of the Special Revenue Funds as adopted in the 2006 Budget. . In addition, the 2006 Capital Improvement Budget also provides for expenditures for all types of funds contained in the budget including municipal state aid, user fees, federal grants and state grants. . Authorization by ordinance is not required for expenditures other than Special Revenues. I III. BASIS OF RECOMMENDATION I I A. POLICY I . City Charter Section 7.12, Subd. 2 requires that Special Revenue Funds used for capital improvements must be authorized by ordinance. . This process provides for public input through a public hearing. I B. CRITICAL ISSUES I . Under Section 3.09 of the City Charter, a transitory ordinance becomes effective 30 days after publication of the second hearing notice. . The ordinance requirements must be completed early enough in 2006 so that the capital projects can be initiated on a timely basis, completed and the funds expended. . In order for the timely start of the projects under consideration in the Capital Improvement Budget, it is suggested that the first reading of the transitory ordinance take place on April 25, 2006 and a public hearing and second reading be completed at the May 23, 2006 City Council meeting. I C. FINANCIAL I . While the total 2006 Capital Improvements Budget (CIB) includes total budgeted expenditures of $27,880,000 the portion of CIB concerning proposed funding from the Special Revenue fund is $ 500,000. Outdoor Pool Renovation Loan Repayment Major Park Maintenance Projects Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field & Other Ballfield Improvements Liquor Operation Capital Improvements 187,000 100,000 50,000 77,000 36,000 50,000 . A transitory ordinance is necessary to finalize these appropriations pursuant to City Charter. . . The source of Special Revenue funds is municipal liquor profits. I D. LEGAL I . The City Charter requires that a transitory ordinance be used to authorize the expenditure of Special Revenue funds. I IV. ALTERNATIVE RECOMMENDATION(S) I . The City Council could postpone the first reading of the transitory ordinance to a future City Council meeting. . The City Council could decide to authorize none or only a portion of the expenditures identified from special revenue in the CIS. I V. ATTACHMENTS I . An ordinance providing for the expenditure of money from the Special Revenue Fund for certain capital improvements. I VI. PRINCIPAL PARTIES EXPECTED AT MEETING . None ( BILL NO. TRANSITORY ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF MONEY FROM THE SPECIAL REVENUE FUND FOR CERTAIN CAPITAL IMPROVEMENTS CITY OF RICHFIELD DOES ORDAIN: Section 1: It is found and determined to be necessary and expedient for the City to expend money from the Special Revenue Fund for the making of capital improvements listed in Section 2 hereof, for which the City would be authorized to issue general obligation bonds. Section 2: The capital improvements and amounts of expenditures for such improvements which are authorized to be paid from the Special Revenue Fund under Section 7.12, Subdivision 2 of the City Charter, are as follows: Outdoor Pool Renovation Loan Repayment Major Park Maintenance Projects Ice Arena Second Sheet Loan Repayment Ice Arena Parking Lot Reconstruction Lincoln Field and Other Ballfield Improvements Liquor Store Capital Improvements $ 187,000 $ 100,000 $ 50,000 $ 77,000 $ 36,000 $ 50,000 Section 3: The expenditures herein authorized shall be made pursuant to such contracts as are authorized from time to time by Council action. Passed by the City Council of the City of Richfield this _ day of ,2006. Martin J. Kirsch, Mayor ATTEST: Nancy Gibbs, City Clerk