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IP #994
PROJECT NO. 994 Police Station/City Hall Building (2017-18 Construction) Res. 2017-09 01/09/17 Resolution approving contract for design and construction services with Wold Architects and Engineers for new police station and city hall (#994) Res. 2017-10 01/09/17 Resolution approving proposal for engineering services with Stantec Consulting Services Inc. for new police station and city hall (#994) Res. 2017-124 11/13/17 Resolution Providing for the Sale of $19,685,000 General Obligation CIP Bonds, Series 2017A (project 994) Res. 2017-130 11/27/17 Resolution approving the addendums to the engineering services agreements with Stantec Consulting Services Inc. for the new police station and city hall (#994) and for the Civic Center Park (#941) and pool master planning (#995) Res. 2017-134 11/27/17 Resolution approving site plan for city hall and police department, 4401 Xylon Avenue North Res. 2017-142 12/11/17 Resolution authorizing issuance, awarding sale, prescribing the form and details and providing for the payment of $18,435,000 general obligation capital improvement plan bonds, series 2017A (improvement project no. 994) Res. 2017-143 12/11/17 Resolution awarding contract to Terra General Contractors, LLC for $14,792,500 for construction of a new police station and city hall facility and authorizing Wold Architects to proceed with construction services phase (improvement project no. 994) 03/19/18 Update on construction project by Wold 04/23/18 Special work session — update on soil and foundation issues Res. 2018-70 05/14/18 Resolution approving change order no. 1 in the amount of $164,170 with Terra General Contractors for police station/city hall construction project (improvement project no. 994) 06/18/18 Project update by Wold Res. 2018-96 08/27/18 Resolution approving change order no. 2 in an amount of $90,330 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) Work session 9/17/18 Project update by Wold Res. 2018-114 10/08/18 Resolution approving proposal for low voltage cabling services with All State Communications, Inc. for the new police station and city hall (Improvement Project No. 994) Res. 2018-119 10/22/18 Resolution approving proposal for fiber optic installation services with Helix Solutions for the new police station and city hall (Improvement Project No. 994) Res. 2018-138 12/10/18 Resolution approving plans and specifications and authorizing advertisement for bids for City Hall Landscaping, Streetscaping, Parking Lots (Improvement Project No. 994), Pool (Improvement Project No. 995), Civic Center Park Improvements (Improvement Project No. 941), the demolition of the current city hall building (Improvement Project No. 994) and demolition of the theatre, shelter building and hockey rink at Civic Center Park (Improvement Project No. 941) Res. 2019-09 1/14/19 Resolution approving Change Order No. 3 in a credit amount of $9,949 with Terra Contractors for police station/city hall construction project (Improvement Project No. 994) Res. 2019-30 3/11/19 Resolution awarding the Audio/Visual'Contract to Video Services Inc. (Improvement Project No. 994) Work Session 3/18/19 Update on Police Station/City Hall Construction Project by Wold Architects Item 11.2 (Improvement Project No. 994) Work Session 3/18/19 Update on Pool/Civic Center Park/City Hall projects by Stantec Engineering (Improvement Item 11.3 Project Nos. 995/941/994) Res. 2019-37 3/25/19 Resolution approving change order no. 4 in the amount of $69,853 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) Res. 2019-41 3/25/19 Resolution approving a contract for demolition of city hall, theatre, shelter building and hockey rink with Veit & Company, Inc. for $250,811.48 (Improvement Project Nos. 994/941) Res. 2019-42 3/25/19 Resolution approving the contract for construction of the city hall and pool parking lots, landscaping, and park trails with Sunram Construction, Inc. for $2,806,727.30 (Improvement Project Nos. 994/941) Work Session 4/15/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering Item 11.5 (Improvement Project Nos. 995/941/994) Res. 2019-62 5/13/19 Resolution approving Addendum #2 to the engineering services agreement with Stantec Consulting Services Inc. for the additional construction management services for the Civic Center Park improvements (improvement project no. 941) and pool (improvement project no. 994) Res. 2019-67 5/28/19 Resolution authorizing transfer from general fund to city hall capital fund for council chambers cable system (Improvement Project No. 994) Res. 2019-68 5/28/19 Resolution authorizing transfer from central garage fund to city hall capital fund for new emergency generator (Improvement Project No. 994) Res. 2019-70 5/28/19 Resolution approving change orders 1, 2, and 3, totaling in the amount of $16,325 with All State Communications, Inc. for police station/city hall construction project (Improvement Project No. 994) Res. 2019-74 5/28/19 Resolution approving change order no. 5 in the amount of $53,650 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) Work Session 6/17/19 Update on Police Station/City Hall Construction Project by Wold Architects (Improvement Item 11.1 Project No. 994) Work Session 6/17/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering Item 11.2 (Improvement Project Nos. 995/941/994) Work Session 8/19/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering Item 11.2 (Improvement Project Nos. 995/941/994) Res.2019-92 8/26/19 Resolution approving Change Order No. 1 in the amount of $25,903.46 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) Work Session 9/16/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering Item 11.2 (Improvement Project Nos. 995/941/994). Res. 2019‐100 9/23/19 Resolution approving Change Order No. 2 in the amount of $2,000 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) Work Session Item 11.3 10/21/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994) Res. 2019‐113 10/28/19 Resolution approving final pay request to Veit & Company, Inc. for the demolition of the city hall, theater, shelter building and hockey rink (Improvement Project Nos. 994/941) Work Session Item 11.2 11/18/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994 Work Session Item 11.2 12/16/19 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994 Work Session Item 11.3 1/21/20 Discuss final change order on Police Station/City Hall Construction Project with Wold Architects (Improvement Project No. 994) Work Session Item 11.4 1/21/20 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994) Res. 2020‐16 1/27/20 Resolution approving change order no. 6 in the amount of $20,110 with Terra General Contractors for police station/city hall construction project (Improvement Project No. 994) Res. 2020‐17 1/27/20 Resolution approving change order no. 1 in the amount of $6,433.82 with Video Services Inc. for police station/city hall construction project (Improvement Project No. 994) Work Session Item 11.2 8/17/20 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994) Work Session Item 11.3 8/16/21 Discuss bond proceeds from city hall/police facility project 994 Res. 2021‐109 12/13/21 Resolution approving final payment of $10,000 to Terra General Contractors, LLC for the construction of the police station/city hall project (Improvement Project No. 994) Work Session Item 11.4 05/16/22 Update on Pool/Civic Center Park/City Hall Landscaping projects by Stantec Engineering (Improvement Project Nos. 995/941/994) Res. 2023‐38 03/27/23 Resolution approving final payment to Sunram Construction, Inc. in the amount of $156,065.16 for the construction of the city hall and pool parking lots, landscaping, and park trails (Improvement Project Nos. 994/941) Construction of New Police Station and City Hall Project Bulletin - January 22, 2018 Project Approval On December 11, 2017, the New Hope City Council approved the bid from Terra General Contractors to construct a new police station and city hall on the civic center campus. ■ A ceremonial groundbreaking event was held on January 5, 2018. Construction Begins The contractor is scheduled to install perimeter chain link fencing the week of January 22. A demolition permit has been issued for the outdoor pool. The contractor expects to begin demolition about February 1, weather permitting. Anticipated Police Station and City Hall Construction Schedule ■ Pool Demolition - February/March 2018 ■ Footings and Foundation - beginning April 2018 ■ Building Enclosed - Fall 2018 ■ Interior Construction - Winter 2018 - May 2019 ■ Building Completion and Occupancy - June 2019 Contractor Requirements ■ The City Code permits construction work between the hours of 7 a.m. and 9 p.m., Monday through Friday, and between 9 a.m. and 9 p.m. on Saturday. It is unusual for the contractor to work weekends, however on occasion, it may be necessary. ■ Parking of contractor vehicles on Zealand Avenue will not be permitted during construction. Project Updates There will be regular project updates about the construction of the new police station and city hall linked to the homepage of the city's website, ci.new-hope.mn.us. Future project bulletins will also be mailed to residents in Civic Center Park neighborhood as needed. If you have questions or concerns about the police station and city hall construction project, please contact city clerk Valerie Leone, vleoneCoci.new-3zc)pe.iiiii us or 763-531-5117. CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4601 XYLON AVE N 8300 46TH AVE N 8308 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8316 46TH AVE N 830146TH AVE N 4528 AQU ILA AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8317 46TH AVE N 8517 46TH AVE N 8509 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT C/O COMMONBOND COMMUNITIES 7919 46TH AVE N 7939 46TH AVE N 1080 MONTREAL AVE NEW HOPE MN, 55428 NEW HOPE MN, 55428 ST PAUL MN 55116 NEW HOPE VOL OF AM ELD HSG TRADEWINDS LP CURRENT RESIDENT 1660 DUKE ST 11888 168TH ST W 850146TH AVE N ALEXANDRIA VA 22314 LAKEVILLE MN 55044 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8425 46TH AVE N 8417 46TH AVE N 8409 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 840146TH AVE N 8325 46TH AVE N 4600 AQU ILA AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8516 46TH AVE N 8508 46TH AVE N 8500 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8424 46TH AVE N 8416 46TH AVE N 8408 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8400 46TH AVE N 8324 46TH AVE N 8140 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8132 46TH AVE N 8124 46TH AVE N 8116 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8108 46TH AVE N 8100 46TH AVE N 8064 46TH AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8056 46TH AVE N 8048 46TH AVE N 4601 DEL DR NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE MN, 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8309 46TH AVE N 4541 WINNETKA AVE N 4608 AQUILA AVE N NEW HOPE MN, 55428 NEW HOPE MN, 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4520 AQUILA AVE N 4516 AQUILA AVE N 4512 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4508 AQUILA AVE N 4504 AQU ILA AVE N 4500 AQU ILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4420 AQUILA AVE N 8509 44TH AVE N 850144TH AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4533 AQUILA AVE N 4525 AQUILA AVE N 4517 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4509 AQUILA AVE N 4501 AQUILA AVE N 4413 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4409 AQUILA AVE N 4405 AQUILA AVE N 4401 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4317 AQUILA AVE N 4313 AQUILA AVE N 4309 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4305 AQUILA AVE N 4301 AQUILA AVE N 4221 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4217 AQUILA AVE N 4213 AQUILA AVE N 4209 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4205 AQUILA AVE N 4201 AQUILA AVE N 4532 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4524 BOONE AVE N 4516 BOONE AVE N 4508 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4500 BOONE AVE N 4412 BOONE AVE N 4408 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4404 BOONE AVE N 4400 BOONE AVE N 4316 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4312 BOONE AVE N 4308 BOONE AVE N 4304 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4300 BOONE AVE N 4216 BOONE AVE N 4212 BOONE AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4208 BOONE AVE N 4204 BOONE AVE N 8610 42ND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55427 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4600 BOONE AVE N 4601 AQUILA AVE N 4531 WIN NETKA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 A & R MANAGEMENT CO WINNETKA MALL CORP HY-VEE INC PO BOX 421233 11111 EXCELSIOR BLVD ATTN REAL ESTATE DEPT MINNEAPOLIS MN 55442 HOPKINS MN 55343 5820 WESTOWN PKWY WEST DES MOINES IA 50266 AYA LLC ARI LLC MCDONALDS CORP 22-0184 4600 KINGS POINT RD 4600 KINGS POINT RD PO BOX 182571 MINNETRISTA MN 55331 ATTN MERCEDES COLUMBUS OH 43218 MINNETRISTA MN 55331 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 7940 46TH AVE N 7920 46TH AVE N 7900 46TH AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4400 AQUILA AVE N 4316 AQUILA AVE N 4312 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4308 AQUILA AVE N 4304 AQU ILA AVE N 4300 AQU ILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4220 AQUILA AVE N 4216 AQUILA AVE N 4212 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4208 AQUILA AVE N 4204 AQUILA AVE N 4200 AQUILA AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 8500 44TH AVE N 4317 ZEALAND AVE N 4313 ZEALAND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 4309 ZEALAND AVE N 4305 ZEALAND AVE N 4301 ZEALAND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT 4225 ZEALAND AVE N NEW HOPE, MN 55428 CURRENT RESIDENT 4213 ZEALAND AVE N NEW HOPE, MN 55428 CURRENT RESIDENT 4201 ZEALAND AVE N NEW HOPE, MN 55428 CURRENT RESIDENT 8420 42ND AVE N NEW HOPE, MN 55427 CURRENT RESIDENT CURRENT RESIDENT 4221 ZEALAND AVE N 4217 ZEALAND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT 4209 ZEALAND AVE N 4205 ZEALAND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55428 CURRENT RESIDENT CURRENT RESIDENT 4200 ZEALAND AVE N 8500 42ND AVE N NEW HOPE, MN 55428 NEW HOPE, MN 55427 CURRENT RESIDENT THE CATHOLIC CEMETERIES 8320 42ND AVE N 2105 LEXINGTON AVE S NEW HOPE, MN 55427 MENDOTA HEIGHTS MN 55120 OF NEW HOPE STATION/CITY HALL UPDATE CITY �Gi CE ALL V S"U'5 ' rn iuo raale r a f f I 4W MORE INFORMATION VALERIE LEONE - CITY CLERK PHONE: 763-531-5117 - EMAIL: VLEONE@NEWHOPEMN.GOV CONSTRUCTION STATUS - OCTOBER "18 Description: New Police Station/ City Hall Location: 4401 Xylon Ave N (former New Hope pool location) Builder: Terra General Contractors Size: 66,000 square feet Valuation: $14,780,000 ($18,435,000 in GO bonds) Background: City hired Wold Architects to evaluate the space needs of the 50-year old city hall in 2013; determined police need- ed 20,700 square foot station, nearly twice the size of current station; found city hall to have functional deficiencies & many structural/mechanical issues Exterior: Facade features brick & glass with masonry veneers & metal accents; red brick compliments surrounding streetscape & structures Status: Concrete block, water- proofing, roof deck framing, insulation, drain tile & precast concrete & structural steel installed; brick facade, cast stone, parapet, underground utilities, insulation, windows, electrical & plumbing in progress Completion: Summer 2019 0 to ` 1 • 0 • • P , 1 r A eii� ii Nil tispown mr.9 hP lip ■� n 0110Aa1 1a01hoAIVAviva I[0 CITY OF NEW HOPE POLICE STATION/CITY HALL UPDATE MORE INFORMATION VALERIE LEONE • CITY CLERK PHONE: 763-531-5117 • EMAIL: VLEONE@NEWHOPEMN.GOV CONSTRUCTION STATUS - FEB. 2019 Description: New Police Station/ City Hall Location: 4401 Xylon Ave N (former New Hope pool location) Builder: Terra General Contractors Size: 66,000 square feet Valuation: $14,780,000 ($18,435,000 in GO bonds) Background: City hired Wold Architects to evaluate the space needs of the 50-year old city hall in 2013; determined police need- ed 20,700 square foot station, nearly twice the size of current station; found city hall to have functional deficiencies & many structural/mechanical issues Exterior: Facade features brick & glass with masonry veneers & metal accents; red brick compliments surrounding streetscape & structures Status: Window, curtain walls & glass installation in progress; most concrete poured, including ramps & steps inside Council Chambers & interior slabs; in - wall electrical, plumbing, HVAC duct work installed; framing of all walls completed; sheetrock on city hall side installed & painting underway ec: ,�7E}r � io - r IN 19 ,l Wd PR LF l>�E�hILI ' 0i ,7 T i , OV* N CITY OF NEW HOPE POLICE STATION/CITY HALL UPDATE 11 MORE INFORMATION VALERIE LEONE - CITY CLERK PHONE: 763-531-5117 - EMAIL: VLEONE@NEWHOPEMN.GOV CONSTRUCTION a STATUS - APRIL 2019 Description: New Police Station/ City Hall Location: 4401 Xylon Ave N (former New Hope pool location) Builder: Terra General Contractors Size: 66,000 square feet Valuation: $14,780,000 ($18,435,000 in GO bonds) Background: City hired Wold Architects to evaluate the space needs of the 50-year old city hall in 2013; determined police need- ed 20,700 square foot station, nearly twice the size of current station; found city hall to have functional deficiencies & many structural/mechanical issues Exterior: Facade features brick & glass with masonry veneers & metal accents; red brick compliments surrounding streetscape & structures Status: In -wall electrical, HVAC duct work, plumbing, drain tile, sump pit, garage slab & drywall installed; interior painting, tile installation & concrete pouring nearing completion; window, curtain walls & glass installation in progress; stairs, elevator, door panels, carpet & terrazzo scheduled for installation in April TY OF NEW NUN 7u[E STATION/CITY HALL UPDATI A 9 pull--15 --. i i 0 - riiism, iff :i 1 wx:lI _ + �.. .. kr Request for Action March 25, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director & Kirk McDonald, City Manager Agenda Section Development & Planning Item Number 8.5 Agenda Title Resolution approving a contract for demolition of city hall, theater, shelter building and hockey rink with Veit & Company, Inc. for $250,811.48 (Improvement Project Nos. 994/941) Requested Action Staff requests that the City Council approve the resolution awarding the demolition contract to the lowest responsible bid, Veit & Company, Inc., in the amount of $250,811.48. The project will include the demolition of the current city hall, the outdoor theater, shelter building and hockey rink. These bids were reviewed with the City Council at the work session in February and again on March 18, 2019. Staff was directed to place the contract on the agenda for the March 25, 2019 council meeting for formal approval. The city engineer will be in attendance to respond to any questions. Policy/Past Practice The City Council is presented with bids for their review and approval as part of a city project. Background The city began discussing the police department and city hall space needs issue in 2013. Following citizen task force reports, the City Council approved a contract for design and construction services with Wold Architects and Engineers in January 2017. On December 11, 2017, the Council awarded a contract for the construction of a new police station/city hall facility on the site of the 50-year old outdoor pool. In conjunction with the police station/city hall project, it was necessary to have master planning completed for the Civic Center Park and a new outdoor pool. In January 2017, Council approved an agreement with Stantec Engineering and two resident committees were formed to assist and guide the planning process. Throughout 2017, committee planning meetings were held, including an open house and a listening session for the pool. In December 2017, the Council discussed the resident committee recommendations and expressed a preferred pool option if additional funding of $2 million could be received in state bond funding to expand the pool from 25-yards to 50-meters. In May 2018, notice was received that $2 million in funding from the State was approved. In June, the Council approved an agreement with Stantec for the engineering and planning of the city hall landscaping, parking lots, pool and Civic Center Park improvements. The majority of the planning and design took place through the summer and fall. On December 10, 2018, the City Council approved the plans and specifications and I:\RFA\P&R\Pool and Civic Center Pk Projects\2019\Demolition - Brown Project\Q - Award demolition project contract.docx Request for'Action, Page 2 authorized the advertisement of bids for each of the projects: Demolition; City Hall Landscaping, Parking Lots, Trails, Stormwater, and Park Landscaping; Theater; Skatepark; and Pool. Seven bids were received for the demolition project, which were opened on February 7, 2019. The low bid was received by Veit & Company, Inc. for $250,811.48. No alternates were included for this project. The Council reviewed the bids at the February and March work sessions. Base Bid _ Engineer's Estimate $261,666.67 Veit & Company, Inc. $250,811.48 Carl Bolander and Sons, LLC $289,840.00 Nitti Rolloff Services, Inc. $300,216.00 Landwehr Construction, Inc. $325,127.50 Kevitt Companies $329,270.00 H & T Truckin $332,275.00 Carleton Companies, Inc. $392,900.00 Recommendation It is the recommendation of staff and the city engineer that the City Council award the low base bid of $250,811.48 for improvement project nos. 994 and 941 to Veit & Company, Inc. The project will be completed in two phases with the first phase including the removal of the theater, shelter building and hockey rink, which will start in April. The city hall building will be removed as a second phase in late July or early August. The contractor is an experienced demolition contractor and Stantec has worked extensively with them on demolitions and other projects. Funding The city hall demolition will be paid for with the city hall bonds issued in December 2017, and the removal of the theater, shelter building and hockey rink will be paid for with the park/pool bonds issued in December 2018. The cost breakdown of the project: Demolition Project: Low Bid Veit & Company Indirect Costs Project Total Oncl. indirect) Engineers Estimate Uncl. indirect) Difference City Hall $192,903.51 $25,637.25 $218,540.76 $225,000.00 -$6,459.24 Theater, Shelter, Rink $57,907.97 $7,696.08 $65,604.05 $70,000.00 -$4,395.95 TOTAL J $250,811.48 $33,333.33 $284,144.81 $295,000.00 -$10,855.19 Request for Action, Page 3 Other costs that have been identified include a contract completion incentive of $2,000, if the project is completed on schedule. Attachments • Resolution • Letter from Chris Long, City Engineer • Bid Tabulation • Wold Budget Summary RESOLUTION NO. 19-41 RESOLUTION APPROVING CONTRACT FOR DEMOLITION OF CITY HALL, THEATER, SHELTER BUILDING AND HOCKEY RINK WITH VEIT & COMPANY, INC. (Improvement Project Nos. 994 and 941) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, to enable the construction of the new pool complex, bathhouse, mechanical building, theater and redevelopment of Civic Center Park, the demolition of the existing City Hall, theater, shelter building and hockey rink is necessary ("Demolition Project"); WHEREAS, the new pool complex, bathhouse, mechanical building, theater and new Civic Center Park facilities will be located where the existing City Hall and Civic Center Park are located; WHEREAS, City Staff duly advertised for sealed bids for a demolition contractor to perform the Demolition Project, with sealed bids opened on February 7, 2019; WHEREAS, seven bids were received by the City and the responsible low bid was submitted by Veit & Company, Inc., with a base bid of $250,811.48; WHEREAS, it is necessary for the City to formally select Veit & Company, Inc. as the contractor to handle the Demolition Project and to enter into a contract with Veit & Company, Inc. for the purpose of performing the work relating to the Demolition Project; WHEREAS, City staff is hereby seeking approval from the City of the selection of Veit & Company, Inc. as the duly qualified contractor to perform the Demolition Project and authorize a contract to be prepared for said Demolition Project; WHEREAS, with indirect costs, the total project cost for the Demolition Project is $284,144.81, with the funding source to be from City Hall bonds and Park/Pool bonds; WHEREAS, City staff and City Attorney have reviewed the proposed terms of the proposed Demolition Project Contract and are agreeable with the terms, believing them to be in the best interest of the City to accept the proposal from Veit & Company, Inc. to handle the Demolition Project; WHEREAS, the language in the Request for Action dated March 18, 2019, is incorporated herein; and WHEREAS, the City Council hereby approves the selection of Veit & Company, Inc. as the contractor to handle the Demolition Project, it being in the best interest of the City to engage the services of Veit & Company, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. Veit & Company, Inc. is hereby selected as the demolition contractor for the Demolition Project. 3. That a proposed contract with Veit & Company, Inc. shall be prepared and is subject to the review and approval by City Staff and the City Attorney of the final language and exhibits and final negotiation regarding the terms. 4. The Mayor, City Manager and New Hope City staff are authorized and directed to sign the proposed contract and all other appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the proposed contract and engage the services of Veit & Company, Inc. Dated the 25 h day of March, 2019. �p athi , Mayor Attest:L- Valerie Leone, City Clerk P:\Attomey\SA8\1 Client Files\2.City of New Hope\99-21828 Pool, Theater Site Plan\Resolution approving Veit for City Hall demolition - 3-19- 19.docx Stantec Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Minneapolis MN 55402 February 8, 2019 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Civic Center Park - Existing City Hall Demolition City Project 941 and 994 Stantec Project No. 193804336 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Civic Center Park - Existing City Hall Demolition project on February 7, 2019. Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be distributed to each Bidder once the Project has been awarded. There was a total of 7 Bids. The following summarizes the results of the Bids received: Contractor Total Base Bid Low Veit & Company, Inc. $250,811.48 #2 Carl Bolander and Sons, LLC $289,840.00 #3 Nitti Rolloff Services, Inc. $300,216.00 #4 Landwehr Construction, Inc. $325,127.50 #5 Kevitt Companies $329,270.00 #6 H & T Trucking $332,275.00 #7 Carleton Companies, Inc. $392,900.00 The low Bidder on the Project was Veit & Company, Inc. with .a Total Base Bid Amount of $250,811.48. This compares to the Engineer's Opinion of Probable Cost of $300,000. These Bids have been reviewed and found to be in order. If the City Council wishes to award the Project to the low Bidder, then Veit & Company, Inc. should be awarded the Project on the Total Base Bid Amount of $250,811.48. Should you have any questions, please feel free to contact me. Sincerely, STANTEC CONSULTING SERVICES INC. Chris Long, P.E. Enclosure (3 Stantec BID TABULATION Item Num Item 1 MOBILIZATION 2 TRAFFIC CONTROL 3 REMOVE BITUMINOUS PAVEME 4 REMOVE CONCRTE SIDEWALK 5 REMOVE CONCRETE CURB & G 6 REMOVE CATCH BASIN OR MA 7 REMOVE FLAG POLE AND FOU 8 REMOVE MONUMENT SIGN AN 9 REMOVE LIGHTING 10 REMOVE RETAINING WALL 11 REMOVE STORM SEWER PIPE 12 REMOVE SANITARY SERVICE PIP 13 REMOVE WATERMAIN PIPE 14 REMOVE DRAIN TILE 15 REMOVE CHAIN LINK FENCE 16 REMOVE HOCKEY RINK DASHE Project Name: Civic Center Park - Exlsflng City Hall Demolition City Project No.: 941 & 994 Bid Opening: Thursdav, February 07, 2019 at 10 A.M., CST Bidder No. 1 Veit 3 Company, Inc. I R LS 1 $7,500.00 LS 1 $600.00 NT SY 3300 $2.72 OR SLABS SF 6500 $0.44 UTTER LF 900 $2.11 NHOLE EA 8 $390.00 NDATION EA 1 $0.01 D FOUNDATION EA 2 $850.00 LS 1 $700.00 SY 50 $1120 LF 850 $11.68 E LF 40 $60.00 LF 90 $53.23 LF 300 $821 LF 75 $0.01 BOARDS LS 1 $1,000.00 EA 6 $100.DO EA 2 $0.01 EMOLITION LS 1 $121,000.00 NG DEMOLITION LS 1 $11,000.00 NG DEMOLITION LS 1 $9,800.00 ENT LS 1 $23,000.00 EA 69 $100.00 LF 1500 $2.00 N,STREET EA 10 $200.00 N, NON -STREET EA 5 $238.00 NTRANCE EA 1 $2,300.00 SY 11000 $1.79 LF 200 $2.17 ROOM HR 10 $140.00 Contractor Name and Address: Veil & Company, Inc. 14000 Veit Place Roger. MN 55374 Phone: 763-428-2242 Email: Imugli ffi tVeitusa.[ Signed By Brian Volk Title: Treaswer Signed Responsible Contractor Certificate: Yes Bid Security: Bid Bond Addenda Acknow!WQed; 1, 2 I hereby certify that this is an exact Stantec Project No.: 193804336 reproduction of bids received. Owner: City of New hope, Minnesota u . , rrg License No. 47706 Bidder No. 2 Bidder No. 3 Bidder No. 4 Carl Bolander and Sons, LLC NIM Rolloff Services, Inc. Landwehr Construction, Inc. Unit Price Total Unit Price Total 1 Unit Price Total $7,5DO.00 $9,500.00 $9. $=-00 $2,000.00 $2 $8,976.00 $3.00 $9. $Z860.00 $1.00 $& $1.899..CO $2.00 $I, $3,120.00 $800.00 $6. $0.011 $500.00 1 $1,70),D0 $500.00 $1. $700.00 $2,500.00 $2. $5d0.OD $230.00 $11. $9,MOD $14.00 $11, S2 MOD $16.00 ! $4,79WO $14.00 $1. S2.463, $12.00 n $0:7 $4.00 $ $1.00D $3,000.00 $3. S600.00 $100.00 S $0,0$500.00 $1. $121.ODDDO $144,000.00 $144, $11,01)D. $20,000.00 520. 59.8W.0O $4,000.00 $4. $23.01)D.00 $17,220.00 $17. $6,90Dp0 $155.00 $10. $3,006.0D $2.00 $3. $2,000.0) $185.00 $1. $1,190.00 $215.00 $1. $2.30D.DD $3,500.00 $3 $19,690. $0.70 $7, $A34DD $2.00 j $1,400.00 $250.00 $2. $25C1,8117SM. Carl Balancer and Sons, LLC 251 Starkey Street $I. Paul, MN 55107 651-224-6299 z andyAbosander, Todd Planting Vice President Yes Bid Bond 1,2 $23,370.00 $23,: $0.00 $4.30 $14,1 $0.70 yt $3.60 S3.: $1,102.50 $8.P $200.00 $. $200.00 $i $100.00 $1 $30.00 $1,: $36.24 $30.E $113.75 $4„ $60.67 $5.4 $18.20 $5,i $2.00 $1 $2,000.00 $2.L $50.00 $.', $1,000.00 $2t $57,876.00 $57k $7,000.00 $7.0 $200.00 $. $90,000.00 390S $150.00 $10-. $2.00 $3.0 $195.00 $1.5 $220.00 $1,1 $1,000.00 $l,C $1.75 $1u $2.00 $A $100.00 $l.0 S:JD.e '011 Rolloff Services, Inc. 12351 Cloud Dr. N.E. Blaine. MN 55449 763.755-03D3 danai%nittcomDanies.com Dana Nelson J.P. Sales Yes 35d Bond 1.2 $14,500.00 $14,50D.00 $2,500.00 $250100 $3.25 $10,125.00 $1.25 $8,12S.00 $2.20 $1,98D-0E1 $825.00 $6,600.00 $550.00 $55= $550.00 $1.10oz $3,000.00 $3.000.00 $235.DO $11,75DAO $15.00 $1Z75D00 $16.00 $64RA0 $15.00 $1,350AO $13.00 $3,9D)= $4.50 $337.SO $3,500.00 33.50000 $110-00 .$660M $600.00 $1200.DO $148,000.00 $148.00= $22,500.00 $22.$ODAO $5,500.00 $5,500.00 $18,550.00 $18,mm $165.00 $11,3$5= $2.20 S3.30100 $200.00 $2.CODA $225.00 $1,125AO $4,000.00 $4,00D= $1.85 $20,35D,00 $2.50 5500.00 $275.00 $Z750.00 $325,127.50 -dndwetd Construction, Inc. 346 33rd Street South St- Cloud, MN 56301 320-252-1494 Udt�Eandwehrwnsbviceon_cam Vattlan Landwehr �residenl Yes aid Bond 1.2 193KA336-Bid Tab.dsm BT-1 I hereby certify that this is an exact Stantec Project No.: 193804336 reproduction of bids received. Owner: City of New hope, Minnesota u . , rrg License No. 47706 Bidder No. 2 Bidder No. 3 Bidder No. 4 Carl Bolander and Sons, LLC NIM Rolloff Services, Inc. Landwehr Construction, Inc. Unit Price Total Unit Price Total 1 Unit Price Total $7,5DO.00 $9,500.00 $9. $=-00 $2,000.00 $2 $8,976.00 $3.00 $9. $Z860.00 $1.00 $& $1.899..CO $2.00 $I, $3,120.00 $800.00 $6. $0.011 $500.00 1 $1,70),D0 $500.00 $1. $700.00 $2,500.00 $2. $5d0.OD $230.00 $11. $9,MOD $14.00 $11, S2 MOD $16.00 ! $4,79WO $14.00 $1. S2.463, $12.00 n $0:7 $4.00 $ $1.00D $3,000.00 $3. S600.00 $100.00 S $0,0$500.00 $1. $121.ODDDO $144,000.00 $144, $11,01)D. $20,000.00 520. 59.8W.0O $4,000.00 $4. $23.01)D.00 $17,220.00 $17. $6,90Dp0 $155.00 $10. $3,006.0D $2.00 $3. $2,000.0) $185.00 $1. $1,190.00 $215.00 $1. $2.30D.DD $3,500.00 $3 $19,690. $0.70 $7, $A34DD $2.00 j $1,400.00 $250.00 $2. $25C1,8117SM. Carl Balancer and Sons, LLC 251 Starkey Street $I. Paul, MN 55107 651-224-6299 z andyAbosander, Todd Planting Vice President Yes Bid Bond 1,2 $23,370.00 $23,: $0.00 $4.30 $14,1 $0.70 yt $3.60 S3.: $1,102.50 $8.P $200.00 $. $200.00 $i $100.00 $1 $30.00 $1,: $36.24 $30.E $113.75 $4„ $60.67 $5.4 $18.20 $5,i $2.00 $1 $2,000.00 $2.L $50.00 $.', $1,000.00 $2t $57,876.00 $57k $7,000.00 $7.0 $200.00 $. $90,000.00 390S $150.00 $10-. $2.00 $3.0 $195.00 $1.5 $220.00 $1,1 $1,000.00 $l,C $1.75 $1u $2.00 $A $100.00 $l.0 S:JD.e '011 Rolloff Services, Inc. 12351 Cloud Dr. N.E. Blaine. MN 55449 763.755-03D3 danai%nittcomDanies.com Dana Nelson J.P. Sales Yes 35d Bond 1.2 $14,500.00 $14,50D.00 $2,500.00 $250100 $3.25 $10,125.00 $1.25 $8,12S.00 $2.20 $1,98D-0E1 $825.00 $6,600.00 $550.00 $55= $550.00 $1.10oz $3,000.00 $3.000.00 $235.DO $11,75DAO $15.00 $1Z75D00 $16.00 $64RA0 $15.00 $1,350AO $13.00 $3,9D)= $4.50 $337.SO $3,500.00 33.50000 $110-00 .$660M $600.00 $1200.DO $148,000.00 $148.00= $22,500.00 $22.$ODAO $5,500.00 $5,500.00 $18,550.00 $18,mm $165.00 $11,3$5= $2.20 S3.30100 $200.00 $2.CODA $225.00 $1,125AO $4,000.00 $4,00D= $1.85 $20,35D,00 $2.50 5500.00 $275.00 $Z750.00 $325,127.50 -dndwetd Construction, Inc. 346 33rd Street South St- Cloud, MN 56301 320-252-1494 Udt�Eandwehrwnsbviceon_cam Vattlan Landwehr �residenl Yes aid Bond 1.2 193KA336-Bid Tab.dsm BT-1 $23,370.00 $23,: $0.00 $4.30 $14,1 $0.70 yt $3.60 S3.: $1,102.50 $8.P $200.00 $. $200.00 $i $100.00 $1 $30.00 $1,: $36.24 $30.E $113.75 $4„ $60.67 $5.4 $18.20 $5,i $2.00 $1 $2,000.00 $2.L $50.00 $.', $1,000.00 $2t $57,876.00 $57k $7,000.00 $7.0 $200.00 $. $90,000.00 390S $150.00 $10-. $2.00 $3.0 $195.00 $1.5 $220.00 $1,1 $1,000.00 $l,C $1.75 $1u $2.00 $A $100.00 $l.0 S:JD.e '011 Rolloff Services, Inc. 12351 Cloud Dr. N.E. Blaine. MN 55449 763.755-03D3 danai%nittcomDanies.com Dana Nelson J.P. Sales Yes 35d Bond 1.2 $14,500.00 $14,50D.00 $2,500.00 $250100 $3.25 $10,125.00 $1.25 $8,12S.00 $2.20 $1,98D-0E1 $825.00 $6,600.00 $550.00 $55= $550.00 $1.10oz $3,000.00 $3.000.00 $235.DO $11,75DAO $15.00 $1Z75D00 $16.00 $64RA0 $15.00 $1,350AO $13.00 $3,9D)= $4.50 $337.SO $3,500.00 33.50000 $110-00 .$660M $600.00 $1200.DO $148,000.00 $148.00= $22,500.00 $22.$ODAO $5,500.00 $5,500.00 $18,550.00 $18,mm $165.00 $11,3$5= $2.20 S3.30100 $200.00 $2.CODA $225.00 $1,125AO $4,000.00 $4,00D= $1.85 $20,35D,00 $2.50 5500.00 $275.00 $Z750.00 $325,127.50 -dndwetd Construction, Inc. 346 33rd Street South St- Cloud, MN 56301 320-252-1494 Udt�Eandwehrwnsbviceon_cam Vattlan Landwehr �residenl Yes aid Bond 1.2 193KA336-Bid Tab.dsm BT-1 Dana Nelson J.P. Sales Yes 35d Bond 1.2 $14,500.00 $14,50D.00 $2,500.00 $250100 $3.25 $10,125.00 $1.25 $8,12S.00 $2.20 $1,98D-0E1 $825.00 $6,600.00 $550.00 $55= $550.00 $1.10oz $3,000.00 $3.000.00 $235.DO $11,75DAO $15.00 $1Z75D00 $16.00 $64RA0 $15.00 $1,350AO $13.00 $3,9D)= $4.50 $337.SO $3,500.00 33.50000 $110-00 .$660M $600.00 $1200.DO $148,000.00 $148.00= $22,500.00 $22.$ODAO $5,500.00 $5,500.00 $18,550.00 $18,mm $165.00 $11,3$5= $2.20 S3.30100 $200.00 $2.CODA $225.00 $1,125AO $4,000.00 $4,00D= $1.85 $20,35D,00 $2.50 5500.00 $275.00 $Z750.00 $325,127.50 -dndwetd Construction, Inc. 346 33rd Street South St- Cloud, MN 56301 320-252-1494 Udt�Eandwehrwnsbviceon_cam Vattlan Landwehr �residenl Yes aid Bond 1.2 193KA336-Bid Tab.dsm BT-1 Vattlan Landwehr �residenl Yes aid Bond 1.2 193KA336-Bid Tab.dsm BT-1 (]o Stantec BID TABULATION Item Num Item Bidder No. 5 Bidder No. 6 Bidder No. 7 Kevin Companies H & T Trucking Carleton Companies, Inc. Units QtY I Unit Price Total I Unit Price Total Unit Price Total 1 MOBILIZATION LS 1 $8,000.00 $t 2 TRAFFIC CONTROL LS 1 $3,500.00 $: 3 REMOVE BITUMINOUS PAVEMENT SY 3300 $4.50 $1, 4 REMOVE CONCRTE SIDEWALK OR SLABS SF 6500 $1.40 $S 5 REMOVE CONCRETE CURB & GUTTER LF 900 $6.95 51 6 REMOVE CATCH BASIN OR MANHOLE EA 8 $475.00 V. 7 REMOVE FLAG POLE AND FOUNDATION EA 1 $375.00 8 REMOVE MONUMENT SIGN AND FOUNDATION EA 2 $850.00 $1 9 REMOVE LIGHTING LS 1 $975.00 10 REMOVE RETAINING WALL SY 50 $20.00 $1 11 REMOVE STORM SEWER PIPE LF 350 $14.50 $1: 12 REMOVE SANITARY SERVICE PIPE LF 40 $19.00 13 REMOVE WATERMAIN PIPE LF 90 $17.00 $1 14 REMOVE DRAIN TILE LF 300 $14.00 V 15 REMOVE CHAIN LINK FENCE LF 75 $15.00 $1 16 REMOVE HOCKEY RINK DASHER BOARDS LS 1 $3,500.00 $: 17 REMOVE BALLFIELD SEATS EA 6 5600.00 S: 18 REMOVE AMPHITHEATER SEATS EA 2 $1,500.00 $: 19 EXISTING CITY HALL BUILDING DEMOLITION LS 1 $170,000.00 $17( 20 EXISTING AMPHITHEATER BUILDING DEMOLITION LS 1 $12,000.00 $1, 21 EXISTING PICNIC SHELTER BUILDING DEMOLMON LS 1 $3,800.00 $: 22 HAZARDOUS MATERIAL ABATEMENT LS 1 $24,000.00 $2, 23 GRUBBING EA 69 $150.00 $1( 24 SILT FENCE, TYPE MS LF 1500 $3.50 V 25 STORM DRAIN INLET PROTECTION, STREET EA 10 $190.00 $1 26 STORM DRAIN INLET PROTECTION, NON -STREET EA 5 $175.00 27 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $3,000.00 S'. 28 TEMPOARY MULCH AND SEED SY 11000 $1 AS $1! 29 BIOROLL LF 200 $4.00 30 STREET SWEEPER WITH PICKUP BROOM HR 10 $175.00 $1 TOTAL BASE BID: $325 Contractor Name and Address: Kevift Companies 3335 Pennsylvania Ave. N. Crystal. MN 55427 Phone: 763545-3557 Email: dereks kevittewcavatlnS Signed By tittle Habisch Title: Controller Signed Responsible Contractor Cer111Ta0te: Yes Bid Security: M Bond Addenda Acknowledged: 1.2 $5,000.00 $5 $1,000.00 $1 $8.00 $26 $0.70 $4 $5.00 $4 $200,00 $1 $500.00 S $500.00 $1 $500.00 a $10.00 7 $16.00 $13 $10.00 1 $10,00 3 $10.00 $3 $3,00 S $8,000.00 $8 $100.00 j $100.00 1 $167,500.00 $167 $25,000.00 $25 $12,000.00 $12 $30,000.00 $30 $150.00 $10 $3.00 $4 $160.00 $1 $100.00 ! $3,000.00 $3 $0.25 $2 $3.00 $ $200.00 $2 $332. H & t Trucking 1755 Minar Lane N. Sliltwater, MN 55082 651-439-0022 htAmcki rtQr0hotmai I.com Hu7ey Kisen Managing Member Yes 3id Bond 1.2 $30,000.00 =000.CC $5,000.00 $5.000.9C $5.00 $16-MCK $1.00 $6.500.0C $2.00 $1.80 A $500.00 $4,000.CC $250.00 $250AC $500.00 $1.000.CC $2,500.00 $2.500.0C $20.00 $1.0004K $10.00 $8.500.0C $100.00 $4,000.0C $100.00 $9.000.0C $15.00 $4.500.CC $10.00 S75M $1,500.00 $11500.i)C $100.00 $600.0C $100.00 $200AC $181,710.00 $181.710AC $9,600.00 $9.600.00 $5,000.00 35'".0C $79,000.00 $79.000.00 $10.00 $690AC $1.00 $1.=4( $100.00 $1.0m.0[ $100.00 =-DC $2,500.00 $2..500.0C $1.00 $11,000AC $4.00 Mix $200.00 52.000AC $392.900AC Cc;ielon Companies, Inc. 15892 State Highway 22 Goad Thunder, MN 56037 507-340.9573 mrWoncarrmaruesaamel.�ora Mn Carleton ?resident Yes aid Bond 1.2 193BN336-WTab.)dsm BT-2 City of New Hope Police & City Hall 12/10/2018 COST ANALYSIS Bid Update Award FUNDING SOURCE 12/4/2017 12/10/2018 New Police/City Hall (net proceeds) $18,900,000 $181900,000 Utility - Energy Rebates $50,000 $50,000 Generator Funding $235,000 $235,000 Council Chambers Equipment $204,000 $204,000 TOTAL FUNDING $19,389,000 $19,389,000 CONSTRU Bid Pack #1 Building Construction $ 14,792,500 $ 14,792,500 Site Development inci inci Change Order 1 $ 164,170 Change Order 2 $ 90,330 Pending Change Order 3 $ (9,949) Construction Contingency Remaining $ 450,000 $ 205,449 Subtotal $ 15,242,5DO $ 15,242,500 Bid Pack #2 Parking Lot $ 630,000 $ 890,000 ii r J d o Landscaping $ 400,000 $ 385,000 I t t Building Demolition $ 200,000 $ 225,(M Contingency $ 40,000 $ Subtotal $ 1,270,000 $ 11500,000 SUBTOTAL FEES. TESTING $ 16,512,5W $ 16,742,500 Architectural Fees $ 830,000 $ 830,000 Engineering fees $ 13-77370 $ 1bra,870 Geotechnical/Surveying/Wetland Delineation $ 20,000 $ Reimbursables $ 50,000 $ 50,000 Metropolitan Council / City SAC ([#] SAC units) $ 80,000 $ 52,185 Abatement $ 25,000 $ 800 Abatement Testing $ 2,874 $ 5,216 Water Access Charge Fee incl inci Trunk Water Fee incl ind Health Dept. Plumbing Plan Review Fee $ 2,500 $ 2,127 Health Dept. Food Service Plan Review Fee $ . $ Utility Transformer Fees/Inspection $ 40,000 $ 64,389 Bid Advertisement/Printing $ 10,000 $ 2,524 Legal Allowance $ - $ Special Structural Inspections $ 50,000 $ 67,639 Moving Costs $ 25,000 $ 25,000 Civil Defense Siren Relocation $ 6,700 $ 6,700 Private Locates $ - $ 370 Contingency $ 50,000 $ SUBTOTAL $ 1,309,444 $ 1,262,820 FURNITURE & EOUiPMENTITEMOLOGY Furniture Allowance $ 655,000 $ 655,000 Equipment Allowance $ 100,000 $ 50,000 Low Voltage (Logfs) $ 300,000 $ 172,906 Technology Allowance (Council Chambers) $ 225,000 $ 439,500 Fumishing/Consultant Fees $ 39,300 $ 39,300 Technology Consulting Fees $ 9,900 S 91900 Contingency $ 50,000 $ SUBTOTAL (FF&E) $ 1,379,200 $ 1,366,606 PROJECT BALANCE $17,075 $187,&% WlDocs/projects/predeslgn/cost analysis -master Commission No. [COMM 11 April 4, 2019 Mr. Brian Volk Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 SUBJECT: City Hall Demolition — Project Nos. 941 and 994 At its meeting of March 25, 2019, the New Hope City Council approved this contract with your company for $250,811.48. Enclosed are two fully executed contracts. Please submit one to your bonding company. Also enclosed is a Withholding Affidavit for Contractors/IC-134 form (we cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office per Minnesota Statute 290.97). Please contact Chris Long with Stantec at 651-604-4808 if you have any questions regarding the project. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC-134 cc: Chris Long, city engineer Bernie Weber, public works director CITY OF NEW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428-4898 • www. ci.new-hope.mn.us City Hall: 763-531-5100 • Police (non -emergency): 763-531-5170 • Public Works: 763-592-6777 City Hall Fax: 763-531-5136 • Police Fax: 763-531-5174 • Public Works Fax: 763-592-6776 GORDON L. JENSENl MELANIE P. PERSELLIW STEVEN A. SONORALL STACYA. WOODS' 'Real Property Law Specialist Certified By The Minnesota State Bar Association 2Licensed in Illinois/Colorado 30ualified Neutral Mediator under Rule 114 JENSENSONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW April 3, 2019 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Existing City Hall Demolition City Project Nos. 941 and 994 Our File No.: 99.11433 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 ■ TELErAx (763) 493-5193 VAVVVJspwiaW.Com Writer's Direct Dial No.: (763) 201-0265 e-mail saw@jspwlaw.com personal delivery Enclosed please find four copies of the contract with Veit & Company, Inc., a Minnesota corporation relating to the existing City Hall demolition project. Also enclosed are the bid, performance and payment bonds for the referenced project, as well as the Certificates of Insurance. All are in order from a legal standpoint. Please call me if you have any questions. Sincerely, c Stacy AlZeHope ds, Assistant City Attorney City of Enclosures cc: Steven A. Sondrall, City Attorney Bernie Weber, Director of Public Works Susan Rader, Director of Parks and Recreation Chris Long, City Engineer P:\Attomey\SAS\l Client Files\2 City of New Hope\99-11433 Pool and Civic Center Park Contracts\Leone ltr - Existing City Hall Demolition - Project Nos. 941 and 994.docx PT Specialty Contracting & Waste Management 14000 Veit Place — Rogers, MN 55374 763-428-2242 Fax 763-428-8348 TO: Christopher Long Stantec Consulting Services 733 Marquette Avenue Suite Minneapolis, MN 55402 DATE. _ April 2, 2019 ENCLOSED PLEASE FIND: TRANSMITTAL FROM: Katie Karna Contracts Administrator 1000 (763) 428-9516 kkarna@veitusa.com RE: New Hope Civic Center Park Demo Copies Description 4 Signed Agreements Performance and Payment Bonds 4 4 Subcontractor Lists 4 COI _ THESE ARE TRANSMITTED BELOW: ® For signature ❑ For review/comment ❑ Other: ❑ For initials ❑ As requested REMARKS: Enclosed are 4 copies each of the Agreement, Subcontractor Lists, COI and the Bonds. Please note the Subcontractor changes to Attachment A-1. If these are acceptable, please initial Attachment A-1, sign and return an executed copy of the Agreement. Thank you. 0 FAX ( Pages) 0 U.S. Mail ❑ Courier ❑ Fed Ex ® Veit Delivered ^ VEITCOMI T r DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 3/29/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jordan Helland Commercial Lines - (612) 509-1001 ?HONE FAX E MAli° USI Insurance Services LLC ExSI 612 508.1956 ; trvc. Nflr 810.537.1954 ADDRESS: jordan.hello nd a@usi.com 8000 Norman Center Dr Ste 400 INSURERS AFFORDING COVERAGE NAIC # Bloomington, MN 55437 INSURER A: Arch Insurance Company 11150 INSURED INSURERB: Navigators Insurance Company 42307 Veit & Company, Inc. INSURER C : Sompo America Insurance Company 11126 14000 Veit Place INSURER D : Travelers Casualty Ins Co of America 19046 INSURER E : Rogers MN 55374 I 1 _ INSURER F : _ COVERAGES CFRTIFICATF NIIMRFR• 14079429 RFVIGIr1N NI IMRFR• Sea helnvv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR; TYPE OF INSURANCE AD.UL,SIJ9 POLICY NUMBER POLICY E (MMIDDIYYYYI POLTCY EXP LMMIDDIYYYYILIMITS A X COMMERCIAL GENERAL LIABILITY r-�� _CLAIMS -MADE l IOCCUR X � 51PKG8956200 01/01/2019 01/01/2020 EACH OCCURRENCE $ 2.000,000 PREMISES_(Ea occurrence)__ $ 300,000 X Conlreclual Liability MED EXP (Any one person) S 10,000 X XCU Coverage PERSONAL & ADV INJURY 5 2,000,000 GEN'L AGGREGATE I IMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY [ • • i JE� F] LOC HOTHEP: I PRODUCTS - COMP/OP AGG S 4,000,000 $ A AUTOMOBILE LIABILITY X 51PKG8956200 01/01/2019 01/01/2020 COCFaMa81N�tl SINGLE LIMIT $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ xiHIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYCAMAGe Per accident $ X $ MCS-90 B UM13RELLALIAB X OCCUR X NY19EXC2046971V 01/01/2019 01/01/2020 EACH OCCURRENCE $ 15,000,000 X AGGREGATE $ 15,000,000 C I EXCESS LIAB CLAIMS -MADE X ELD30000907800 01/01/2019 01/01/2020 DED I X I RETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBEREXCLUCN/A (Mandatory In NH) 51WC18955900 0P GaP Liability 01/01/2019 01/01/2019 01/01/2020 01/01/2020 rH- X PTAT I ER F.R E.L,EACH ACCIDENT 1,000,000ANYPROPRIETOR/PARTNER/EXECUTIVE SA EL. DISEASE - EA EMPLOYE • S 1,000,000 If yes, describe under IDESCRIPTION OF OPERATIONS below _ E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Builders' Risk 4 QT-630-6J741196-TIL-19 01/01/2019 01/01/2020 $5,000,000 Covered Property Limit DESCRIPTION of OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: TD-190072 Civic Center Park Demo The City of New Hope and Stantec are Additional Insureds in regards to the General Liability, Auto Liability and Umbrella Liability policies, Coverage is Primary and Non -Contributory. CERTIFICATE HOl_r]FR CANCFI I ATIC)N City of New Hope 4401 X Ion Avenue North y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. New Hope, MN 55428 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) VEST. Specialty Contracting & Waste Management 14000 Veit Place Office 763.428." Minneapolis, MN 55374 Toll Free 866.428:&0. Fax 763,428.8348 VeitUSA.com Veit & Company, Inc. Project Subcontractor List Civic Center Park — Existing City Hall Demolition New Hope, MN 55428 City Project No. 941 and 994 Stantec Project No. 193804336 Veit Project No. 190072 March 29, 2019 Site Erosion Control: Terra Services Asbestos Abatement: ECCO Midwest, Inc. 15001 Hudson Rd. 2939 Enterprise Avenue Lakeland, MN 55043 Hastings, MN 55033 Contact: Dan Swenson Contact: Ted Pladson Phone: 612-363-2786 Phone: 651-788-9556 Regulated Waste Removal: J&J Contracting Elevator Abandonment: Elevated Partner 573 Shoreview Park Road 7900 International Dr., Suite 300 Shoreview, MN 55126 Bloomington, MN 55425 Contact: Josh Wlaschin Contact: Jon Fitzgerald Phone: 651-379-2791 Phone: 612-964-7790 Water & Sewer Disconnects: 5016 Mitchell Rd. Big Lake, MN 55309 Contact: Erick Erickson Phone: 763-207-8068 Contracting Earthwork Demolition Utilities Foundations Environmental Remediation Industrial Cleaning Triple E Water & Sewer LLC Affirmative Action Equal Opportunity Employer Waste Management ° Minnesota Wisconsin Roll -off Containers Minneapolis Milwaukee Solid Waste Disposal Facilities Industrial Waste Construction/Demolition Debris Recycling & Transfer Facilities Waste Hauling Duluth North Dakota Rochester Minot Request for Action Agenda Section Consent October 28, 2019 Approved by: Kirk McDonald, City Manager Item Number Originating Department: Parks & Recreation 6.7 By: Susan Rader, Director & Kirk McDonald, City Manager r Agenda Title Resolution approving final pay request to Veit & Company, Inc. he demolition of the city hall, theater, shelter building and hockey rink (Improvement Project Nos. 99 941 Requested Action Staff recommends that the City Council approve a resolution to accept the project, which included the demolition of the city hall, theater, shelter building and hockey rink (improvement project nos. 994/941) and authorize final payment to Veit & Company, Inc. in the amount of $14,805.20. This final payment brings the total project cost to $258,100.35, which is $20,614.59 under the revised contract amount. The original contract amount was for $250,811.48. A change order was approved on August 26, 2019 for $25,903.46 for costs associated with protecting the existing transformer and removal of asbestos. On September 23, 2019, an additional change order was approved awarding the $2,000 incentive payment as the work was completed on schedule. This brought the revised contract amount to $278,714.94. The underrun of $20,614.59 was primarily due to various line items that were not fully used, including the temporary mulch and seed that was not needed. In addition, there are three tree stumps that Veit was unable to remove without impacting the existing transformer. These will be removed by the pool contractor at a later date. Once the necessary IC 134's have been provided by the contractor, staff recommends release of the final check. Background The city began discussing the police department and city hall space needs issue in 2013. Following citizen task force reports, the City Council approved a contract for design and construction services with Wold Architects and Engineers in January 2017. On December 11, 2017, the Council awarded a contract for the construction of a new police station/city hall facility on the site of the 50-year old outdoor pool. In June 2018, the Council approved an agreement with Stantec for the engineering and planning of the city hall landscaping, parking lots, pool and Civic Center Park improvements. The majority of the planning and design took place through the summer and fall. On December 10, 2018, the City Council approved the plans and specifications and authorized the advertisement of bids for each of the projects: Demolition; City Hall Landscaping, Parking Lots, Trails, Stormwater, and Park Landscaping; Theater; Skatepark; and Pool. The demolition contract for $250,811.48 was awarded to Veit & Company, Inc. on March 25, 2019, with the option of a $2,000 incentive payment if the project was completed on time. I: \ RFA \ P&R \ Pool and Civic Center Pk Projects \ 2019 \ Demolition -Brown Project \ Closeout Project - Veit \ Q -Closeout demolition project con tract.docx Request for Action, Page 2 Funding The city hall demolition will be paid for with the city hall bonds issued in December 2017, and the removal of the theater, shelter building and hockey rink will be paid for with the park/pool bonds issued in December 2018. The cost breakdown of the project: Demolition Project: Original Amount Change Orders Incentive Payment Underrun Final Amount City Hall $192,903.51 +$25,903.46 +$1,000.00 -$10,787.57 $209,019.40 Theater, Shelter, Rink $57,907.97 +$0.00 +$1,000.00 -$9,827.02 $49,080.95 TOTAL $250,811.48 +$25,903.46 +$2,000.00 1 -$20,614.59 $258,100.35 Two change orders included protection of the transformer and asbestos removal of $25,903.46 and the contract completion incentive of $2,000. Attachments • Resolution • Letter from Dan Boyum, City Engineer • Veit & Company, Inc. invoice in the amount of $14,805.20 • Cost breakdown City of New Hope Resolution No. 2019- 113 Resolution approving final pay request to Veit & Company, Inc. for demolition of the city hall, theater, shelter building and hockey rink (Improvement Project Nos. 994/941) WHEREAS, the city entered into a contract with Veit & Company, Inc. to complete the demolition of the city hall, theater, shelter building and hockey rink; and, WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of work for the demolition project (Improvement Project Nos. 994/941) and approve final payment to Veit & Company, Inc. in the amount of $14,805.02; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Veit & Company, Inc.; and, WHEREAS, the funding source for this project is the city hall bonds issued in December 2017 and the park/pool bonds issued in December 2018. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the work for the demolition of the city hall, theater, shelter building and hockey rink, Improvement Project Nos. 994/941, from Veit & Company, Inc. 2. That the city manager is hereby directed to authorize the final payment of $14,805.02 to Veit & Company, Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 28t" day of October 2019. '--M-ayor Attest: C.L' City Clerk I:\RFA\P&R\Pool and Civic Center Pk Projects\ 2019 \Demolition -Brown Project\ Closeout Project - Veit\R -Closeout demolition project.docx Stantec Consulting Services Inc. ® Stantec 733 Marquette Avenue Suite 1000, Minneapolis MN 55402-2309 October 22, 2019 File: 193804336 Attention: Susan Rader, Director of Parks and Recreation City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Susan, Reference: Final Payment Request 3 & Final - Civic Center Park - Existing City Hall Demolition City Project No.'s 941 & 994 Enclosed find Payment Request No. 3 & Final for the above referenced project. The contractor, Veit & Company, Inc., has completed the work in accordance with the contract plans and specifications. Therefore, it is recommended that final payment of $14,805.02 is made after receipt of final closeout forms, and the City of New Hope accepts the project. The Original Contract Amount was $250,811.48. The Revised Contract Amount is $278,714.94. The contract amount was increased as a result of additional asbestos abatement ($25,903.46 - Change Order No 1) and an incentive payment ($2,000 - Change Order No. 2) for being completed before August 18th, 2019. The Final Construction Amount is $258,100.35, or $20,614.59 under the Revised Contract Amount. The underrun was primarily due to various bid items that were not used on the project. It should be noted there are three stumps that were not removed by Veit due to the location of the existing power line to the existing city hall building. Those three stumps will be removed by Donlar at a later date once power is abandoned. If you have any questions or require further information, please call me at (612) 712-2021. Regards, Stantec Consulting Services Inc. Dan D. Boys , P.E. City Engineer Phone: 612 712 2021 dan.boyum@stantec.com Attachments: Pay Request #3 & Final c. Kirk McDonald, Valerie Leone, Jeff Sargent, Bernie Weber— New Hope; Stacy Woods —City Attorney; Dave Ahrens, Lucas Miller, Ann Dienhart — Stantec. (V Stantec Project: Civic Center Park Existing City Hall Demolition Date: October 14, 2019 For Period: 9/4/2019 to 10/14/2019 Request No: 3/FINAL Contractor: VEIT & COMPANY, INC. 14000 Veit Place, Rogers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT CIVIC CENTER PARK EXISTING CITY HALL DEMOLITION CITY PROJECT NO. 941 NEW HOPE, MINNESOTA STANTEC FILE NO. 193804336 SUMMARY 1 Original Contract Amount 2 Change Order -Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: STANTEC CONSULTING SERVICES INC. Approved by Contractor: VEIT & COMPANY, INC. Specified Contract Completion Date: August 18, 2019 $ 250,811.48 $ 27,903.46 $ 0.00 $ 278,714.94 $ 258,100.35 $ 0.00 $ 258,100.35 $ 0.00 $ 258,100.35 $ 243,295.33 $ 0.00 3/FINAL $ 14,805.02 Approved by Owner: CITY OF NEW HOPE Date: 193804336 REQ3Final Asm Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 $7,500.00 1 $7,500.00 2 TRAFFIC CONTROL LS 1 $600.00 1 $600.00 3 REMOVE BITUMINOUS PAVEMENT SY 3300 $2.72 3,265 $8,880.80 4 REMOVE CONCRTE SIDEWALK OR SLABS SF 6500 $0.44 6,442 $2,834.48 5 REMOVE CONCRETE CURB & GUTTER LF 900 $2.11 716 $1,510.76 6 REMOVE CATCH BASIN OR MANHOLE EA 8 $390.00 8 $3,120.00 7 REMOVE FLAG POLE AND FOUNDATION EA 1 $0.01 1 $0.01 8 REMOVE MONUMENT SIGN AND FOUNDATION EA 2 $850.00 2 $1,700.00 9 REMOVE LIGHTING LS 1 $700.00 4.49 $3,146.22 10 REMOVE RETAINING WALL SY 50 $11.20 50 $560.00 11 REMOVE STORM SEWER PIPE LF 850 $1 1.68 1,077.89 $12,589.80 12 REMOVE SANITARY SERVICE PIPE LF 40 $60.00 35 $2,100.00 13 REMOVE WATERMAIN PIPE LF 90 $53.23 68 $3,619.64 14 REMOVE DRAIN TILE LF 300 $8.21 358 $2,939.18 15 REMOVE CHAIN LINK FENCE LF 75 $0.01 518 $5.18 16 REMOVE HOCKEY RINK DASHER BOARDS LS 1 $1,000.00 1 $1,000.00 17 REMOVE BALLFIELD SEATS EA 6 $100.00 4 $400.00 18 REMOVE AMPHITHEATER SEATS EA 2 $0.01 2 $0.02 19 EXISTING CITY HALL BUILDING DEMOLITION LS 1 $121,000.00 $121,000.00 20 EXISTING AMPHITHEATER BUILDING DEMOLITION LS 1 $11,000.00 1 $11,000.00 21 EXISTING PICNIC SHELTER BUILDING DEMOLITION LS 1 $9,800.00 1 $9,800.00 22 HAZARDOUS MATERIAL ABATEMENT LS 1 $23,000.00 1.05 $24,104.00 23 GRUBBING EA 69 $100.00 54 $5,400.00 24 SILT FENCE, TYPE MS LF 1500 $2.00 $0.00 25 STORM DRAIN INLET PROTECTION, STREET EA 10 $200.00 4 $800.00 26 STORM DRAIN INLET PROTECTION, NON -STREET EA 5 $238.00 4 $952.00 27 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $2,300.00 $0.00 28 TEMPOARY MULCH AND SEED SY 11000 $1.79 $0.00 29 BIOROLL LF 200 $2.17 440.00 $954.80 30 STREET SWEEPER WITH PICKUP BROOM HR 10 $140.00 26.29 $3,680.00 TOTAL BASE BID: $230,196.89 CHANGE ORDER NO. 1 1 ASBESTOS ABATEMENT - FOUNDATION LS 1 $19,040.00 1 $19,040.00 2 ASBESTOS ABATEMENT - TRANSITE PIPE LS 1 $3,502.68 1 $3,502.68 3 PROTECTION OF TEMPORARY POWER LS 1 $3,360.78 1 $3,360.78 TOTAL CHANGE ORDER NO. 1: $25,903.46 CHANGE ORDER NO. 2 1 INCENTIVE PAYMENT LS 1 $2,000.00 1 1 $2,000.00 TOTAL CHANGE ORDER NO. 2: $2,000.00 TOTAL BASE BID: $230,196.89 TOTAL CHANGE ORDER NO. 1: $25,903.46 TOTAL CHANGE ORDER NO. 2: $2,000.00 TOTAL WORK COMPLETED TO DATE $258,100.35 193804336 REQ3Final)dsm PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE STANTEC FILE NO. 193804336 CONTRACTOR VEIT & COMPANY, INC. CHANGE ORDERS No. Date Description Amount 1 8/26/2019 ASBESTOS ABATEMENT- See Change Order No. 1 $25,903.46 2 9/16/2019 This Change Order provides for incentive. See Change Order. $2,000.00 Total Change Orders $27,903.46 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 4/5/2019 5/9/2019 49,1 18.23 2,585.17 51,703.40 2 5/ 10/2019 9/3/2019 194,177.10 12,805.02 256,100.35 3/FINAL 9/4/2019 10/14/20191 14,805.02 1 258,100.35 Material on Hand Total Payment to Date $258,100.35 Original Contract $250,81 1.48 Retainage Pay No 3/FINAL Change Orders $27,903.46 Total Amount Earned $258,100.35 Revised Contract $278,714.94 193804336 REMFinabdsm Civic Center Park Existing City Hall Demolition Final Project Cost Break -Down City Project 941 1012,419019 100% City Hall Bond Split Cost 100% Park Bond Item Units Final Qty Unit Price City Hall Bond Park Bond Total Base Bid: 81 % 19% 1 MOBILIZATION LS 1 $ 7,500.00 $ 6.073.78 $ 1,426.22 $ 7,500.00 2 TRAFFIC CONTROL LS 1 $ 600.00 $ 485,90 $ 114.10 $ 600.00 3 REMOVE BITUMINOUS PAVEMENT SY 3265 $ 2.72 $ 6,660.60 $ 2,220.20 $ 8,880.80 4 REMOVE CONCRTE SIDEWALK OR SLABS SF 6442 $ 0.44 $ 1,417,24 $ 1,417.24 $ 2,834.48 5 REMOVE CONCRETE CURB & GUTTER LF 716 $ W' 2.11 $ 1,510.76 $ - 1,510.76 6 REMOVE CATCH BASIN OR MANHOLE EA 8 $ 390.00 $ 1,248.00 $ 1,872.00 $ 3,120.00 7 REMOVE FLAG POLE AND FOUNDATION EA 1 $ 0.01 . $ 0.01 $ - $ 0.01 8 REMOVE MONUMENT SIGN AND FOUNDATION EA 2 $ 850.00 $ 1,700.00 $ - $ 1,700.00 9 REMOVE LIGHTING LS 4.49 $ 700.00 $ 1,258.49 $ 1,887,73 $ 3,146.22 10 REMOVE RETAINING WALL SY 50 $ 11.20 $ 560.00 $ - $ 560.00 11 REMOVE STORM SEWER PIPE LF 1077.89 $ 11.68 $ 5,035.92 $ 7,553.88 $ 12,589 80 12 REMOVE SANITARY SERVICE PIPE LF 35 $ 60.00 $ 2,100.00 $ - $ 2,100.00 13 REMOVE WATERMAIN PIPE LF 68 $ 53.23 $ 3,619.64 $ - $ 3,619.64 14 REMOVE DRAIN TILE LF 358 $ 8.21 $ - $ 2,939,18 $ 2,93918 15 REMOVE CHAIN LINK FENCE LF 518 $ 0.01 $ 4.20 $ 0.98 $ 518 16 REMOVE HOCKEY RINK DASHER BOARDS LS 1 $ 1,000.00 $ - $ 1,000.00 $ 1,000.00 17 REMOVE BALLFIELD SEATS EA 4 $ 100.00 $ $ 400.00 $ 40000 18 REMOVE AMPHITHEATER SEATS EA 2 $ 0.01 $ - $ 0.02 $ 0.02 19 EXISTING CITY HALL BUILDING DEMOLITION LS 1 $ 121,000.00 $ 121,000.00 $ - $ 121,000.00 20 EXISTING AMPHITHEATER BUILDING DEMOLITION LS 1 $ 11,000.00 $ - $ 11,000.00 $ 11,000.00 21 EXISTING PICNIC SHELTER BUILDING DEMOLITION LS 1 $ 9,800.00 $ - $ 9,800.00 $ 9,800.00 22 HAZARDOUS MATERIAL ABATEMENT LS 1.048 $ 23,000.00 $ 24,104.00 $ - $ 24,104.00 23 GRUBBING EA 54 $ 100.00 $ 2,700.00 $ 2,700.00 $ 5,40000 24 SILT FENCE, TYPE MS LF 0 $ 2.00 $ - $ $ 25 STORM DRAIN INLET PROTECTION, STREET EA 4 $ 200.00 $ 320.00 $ 480.00 $ 80000 26 STORM DRAIN INLET PROTECTION, NON -STREET EA 4 $ 238.00 $ - $ 952.00 $ 952.00 27 TEMPORARY CONSTRUCTION ENTRANCE EA 0 $ 2,300.00 $ $ - $ 28 TEMPOARY MULCH AND SEED SY 0 $ 1.79 $ $ - $ 29 BIOROLL LF 440 $ 2.17 $ 477.40 $ 477.40 $ 95480 30 STREET SWEEPER WITH PICKUP BROOM HR 26.29 $ 140.00 $ 1,840.00 $ 1,840.00 $ 3,680.00 CHANGE ORDER 1 -ASBESTOS ABATEMENT LS 1 $ 25,903.46 $ 25,903,46 $ - $ 25,903.46 CHANGE ORDER 2 - INCENTIVE PAYMENT LS 1 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 2,00000 City Hall Bond Park Bond Total TOTAL CONSTRUCTION COST $ 209.019.40 $ 49.080.95 S 258.100.35 Teresa Daleiden From: MN Revenue e-Services <eservices.mdor@state.mn.us> Sent: Wednesday, November 6, 2019 3:27 PM To: Teresa Daleiden Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Contractor Affidavit CorDpleted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number: 0-836-629-536 Submitted Date and Time: 6-Nov-2019 3:25:44 PM Legal Name: VEIT & COMPANY INC Federal Employer ID: 41-0840260 User Who Submitted: tdaleiden Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 1634394112 Minnesota ID: 9003428 Project Owner: CITY OF NEW HOPE Project Number: CP 991 & 994 Project Begin Date: 04-Apr-2019 Project End Date: 31-Aug-2019 Project Location: NEW HOPE Project Amount: $258,100.35 Subcontractor Summary Name ID Affidavit Number J & J CONTRACTING MN-LLC 9843824 1381326848 TRIPLE E WATER AND SEWER LLC 4881874 1973116928 JON FITZGERALD ***-**-4263 1875533824 ECCO MIDWEST INC 2347260 430563328 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-231-167-008 Submitted Date and Time: 24-Oct-2019 3:42:16 PM Legal Name: J & J CONTRACTING LLC Federal Employer ID: 26-4376244 User Who Submitted: JJcont Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number. Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1381326848 9843824 CITY OF NEW HOPE C. P.941 &994 04-Apr-2019 15-Jul-2019 4401 XYLON AVE N NEW HOPE $6,400.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state,mn.us. Business hours are 8:00 a m. - 4:30 p.m. Monday - Friday. Please print INA Pace for your records using the print or save functionality built into your browser. Contractor Affidavit Completed Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1-596-150-816 4-Nov-2019 3:01:35 PM TRIPLE E WATER AND SEWER LLC 81-2938802 Triple E Contractor Affidavit 1973116928 4881874 CITY OF NEW HOPE C. P 941 &994 09-Apr-2019 30-Jul-2019 4401 XYLON AVE N NEW HOPE, MN 55428 $22,530.00 No Subcontractors Teresa Daleiden Subject: FW: Your Recent Contractor Affidavit Request Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confirmation Number: 1-730-409-504 Submitted Date and Time: 5-Nov-2019 12:20:24 PM Legal Name: FITZGERALD, JON Social Security Number: `-4263 Type of Request Submitted: Contractor Affidavit Affidavit Number: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 1875533824 CITY OF NEW HOPE C.P. 941 01-Jul-2019 31-Aug-2019 NEW HOPE, MN $6,085.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax(Mstate.mmus. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request To view or print a copy of this request, return to the MN Contractor Affidavit at h1tos'.1A .mndar.state.mn.us/tD/contractoraffidavit. Answer'no' to the two questions, and click the 'View Approved Affidavit' link. You will need the email address you provided and confirmation number above to search for your request. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. Page 1 of 1 M, DEPARTMENT I_I OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved - Confirmation Summary Confirmation Number: Submitted Data and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner. Project Number. Project Begin Date: Project End Dale: Project Location: Project Amount: Subcontractors: 0-945-956-896 20-Sep-2019 4:22:55 PM ECCO MIDWEST INC 32-0380789 eccomidwesl Coniraclor Affidavit 430563328 2347260 CITY OF NEW HOPE 19082 15-Jul-2019 02-Aug-2019 NEW HOPE CITY HALL, 4401 XYLON AVENUE NORTH, NEW HOPE, MN 55428 $7,850.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need furtherasslstance, contact our Withholding Tax Division at 651-282-9999. (toll -free) e00.657.3594, or (email) wilhhoiding.tex®atele.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please Vnig Ihis gage for your records using the print or save functionality built Into your browser. https://www.mndor.state.mn.us/tp/eservices/ /Retrieve/O/c-/hRPel8IzGBM u V58vQeoA... 9/20/2019 CONDITIONAL WAIVER OF LIEN RIGHTS Upon receipt of a check from Veit Companies in the amount of Three Hundred Twenty dollars ($ 320.00 ) and when this check has been properly endorsed and has been paid by the bank upon which it is drawn this document shall become effective as: ❑ payment for labor, skill, and material furnished , 20_ through , 20, ❑ payment for all labor, skill, and material furnished or to be furnished except the sum of dollars ($ ) for retainage X full and final payment for all labor, skill and material furnished or to be furnished in relation to the Civic Center Park — Existing City Hall Demolition project; real property located at: 4401 X lon Avenue North New Hoe MN 55428 For the value received I hereby waive all rights to file or record a lien against said real property for labor, skill, or material furnished to said real property. The undersigned affirms that all materials furnished by the undersigned have been paid for, and all subcontractors employed or engaged by the undersigned have been fully paid and satisfied. Executed this 24th day of October . �_, 20 1�. J & J Contracting, LLC-MN _r By: printed name and title NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if signed by a partnership, it must be signed by a partner. Return to: Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 CONDITIONAL WAIVER OF LIEN RIGHTS Upon receipt of a check from Veit Company, Inc. in the amount of six thousand eighty five dollars ($ 6,085) and when this check has been properly endorsed and has been paid by the bank upon which it is drawn this document shall become effective as: ❑ payment for labor, skill, and material furnished , 20_ through , 20 ❑ payment for all labor, skill, and material furnished or to be furnished except the sum of [write out the dollar amount] dollars ($ ) for retainage X full and final payment for all labor, skill and material furnished or to be furnished in relation to the New Hope City Hall Demolition project; real property located at: 4401 Won Ave North New Hoe MN For the value received I hereby waive all rights to file or record a lien against said real property for labor, skill, or material furnished to said real property. The undersigned affirms that all materials furnished by the undersigned have been paid for, and all subcontractors employed or engaged by the undersigned have been fully paid and satisfied. Executed this 24 day of November 20 19 . Jon Fitzgerald By: Jon Fitzgerald _Jon Fitzgerald - Partner. Printed name and title NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if signed by a partnership, it must be signed by a partner. Return to: Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 CONDITIONAL WAIVER OF LIEN RIGHTS Upon receipt of a check from VEIT USA in the amount of three hundred twenty six dollars and fifty cents ($ 326.50) and when this check has been properly endorsed and has been paid by the bank upon which it is drawn this document shall become effective as: ❑ payment for labor, skill, and material furnished , 20_ through , 20_ ❑ payment for all labor, skill, and material furnished or to be furnished except the sum of (S ) for retainage X full and final payment for all labor, skill and material furnished or to be furnished in relation to the Civic Center Park- Existing City Hail Demo project; real property located at: New Hope, MN 55428 For the value received I hereby waive all rights to file or record a lien against said real property for labor, skill, or material furnished to said real property. The undersigned affirms that all materials furnished by the undersigned have been paid for, and all subcontractors employed or engaged by the undersigned have been fully paid and satisfied. Executed this 4 day of Nov 2019 Triple E Water and Sewer By: Aata--& ge&C _ Natalie Belich, Vice President Printed name and title NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if signed by a partnership, it must be signed by a partner. Return to: Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 CONDITIONAL WAIVER OF LIEN RIGHTS Upon receipt of a check from Veit and Company, Inc. in the amount of Seven Thousand, Eight Hundred Fifty Dollars and 00/100 ($7,850 00) and when this check has been properly endorsed and has been paid by the bank upon which it is drawn this document shall become effective as: ❑ payment for labor, skill, and material furnished , 20_ through , 20 ❑ payment for all labor, skill, and material furnished or to be furnished except the sum of dollars ($ ) for retainage X full and final payment for all labor, skill and material furnished or to be furnished in relation to the Now llopg City Hall Demolition project; real property located at: 4401 Xylon Avenue North. New Hope_ Minnesota 55428 For the value received I hereby waive all rights to file or record a lien against said real property for labor, skill, or material furnished to said real property. The undersigned affirms that all materials furnished by the undersigned have been paid for, and all subcontractors employed or engaged by the undersigned have been fully paid and satisfied. Executed this day of �r, 2012—. Joraer Lynn 1 n NOTpAECCO w t, inc. V�I�UC SlaeotiMnnaeaa My Carrnois m B JvwV3l. 202Q . �M By: David P. Sobaski,_President Printed name and title NOTE: If this instrument is executed by a corporation, it must be signed by an officer, and if signed by a partnership, it must be signed by a partner. Return to: Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Project Manual For EXISTING CITY HALL DEMOLITION Prepared for: City of New Hope, Minnesota City Project No. 941 and 994 (3 Stantec January 2019 Stantec Project No. 193804336 DOCUMENT 00 91 13 ADDENDUM 2 EXISTING CITY HALL DEMOLITION CITY PROJECT NO. 941 AND 994 PROJECT NO. 193804336 NEW HOPE, MINNESOTA February 1, 2019 Number of Pages: 10 (includes this sheet) To: All Planholders of Record From: Stantec 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 (612) 712-2000 - General Office (612) 712-2001 - Dave Ahrens, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at shirlev.loveilCstantec.com as soon as you receive it. Company Name Date © 2019 Stantec 1 193804336 ADDENDUM 2 009113-1 SPECIFICATIONS SECTION 00 73 05 - SUPPLLEMENTARY CONDITIONS 1. Page 00 73 05 - 2, Article 4: Add new Article SC-4.02.C.15 immediately after Article SC-4.02.C.14, to read as follows: 15. Drawings dated 8-25-95 prepared by Bonestroo, Rosene Anderlick & Associates, entitled "New Hope, Minnesota, City Hall Reroofing Project, City Project 546". SECTION 02 41 13 - SELECTIVE SITE DEMOLITION Page 02 41 13 - 1, Article 1.02: Add a new Article 1.02.A.2.o immediately after Article 1.02.A.2.n, to read as follows: o. Dasher Boards and Fencing. Payment shall be Lump Sum. Includes all work necessary to remove the entire hockey rink dasher boards and supports, including boards, posts, and foundations. SECTION 02 41 16 - STRUCTURE DEMOLITION 2. Page 02 41 16 - 6, Article 1.11: Add a new Article 1.11 immediately after Article 1.10, to read as follows: 1.11 REMOVALS BY OWNER A. Owner will remove various items from existing City Hall prior to building demolition. Attached at the end of this section is a list of items that will be removed by the Owner. DRAWINGS Sheet C2.03, Stormwater Pollution Prevention Plan 1. Revise text under LOCATION OF SWPPP REQUIREMENTS. Remove note in its entirety and replace with the following: THE REQUIRED SWPPP ELEMENTS MAY BE LOCATED IN MANY PLACES WITHIN THE PLAN SET AS WELL AS THE SPECIFICATIONS. THE NOTES AND TABLE BELOW ARE INTENDED TO BE A QUICK REFERENCE FOR THE CONTRACTOR AND ENGINEER TO USE IN THE FIELD. THERE MAY BE ADDITIONAL REQUIRED SWPPP ELEMENTS INCLUDED ON THE PROJECT THAT ARE NOT LISTED ON THIS SHEET. Sheet C2.04, Stormwater Pollution Prevention Plan i Revise note 4 under STABILIZATION TIMEFRAMES. Remove note in its entirety and replace with the following: TOPSOIL BERMS MUST BE STABILIZED IN ORDER TO BE CONSIDERED PERIMETER CONTROL BMPS. USE RAPID STABILIZATION METHOD 2, 3, OR 4 AS DIRECTED BY THE ENGINEER. THE SEED MIX USED IN THE RAPID STABILIZATION MAY BE SUBSTITUTED AS FOLLOWS: ADDENDUM 2 © 2019 Stantec 1 193804336 0091 13-2 Sheet C2.05, Stormwater Pollution Prevention Plan 1. Revise note 4 under GENERAL SWPPP NOTES FOR CONSTRUCTION ACTIVITY. Remove note in its entirety and replace with the following: DO NOT DISTURB AREAS OUTSIDE OF THE CONSTRUCTION LIMITS. DELINEATE AREAS NOT TO BE DISTURBED PRIOR TO STARTING GROUND DISTURBING ACTIVITIES. IF IT BECOMES NECESSARY TO DISTURB AREAS OUTSIDE OF THE CONSTRUCTION LIMITS OBTAIN WRITTEN PERMISSION FROM THE ENGINEER PRIOR TO PROCEEDING. PRESERVE ALL NATURAL BUFFERS SHOWN ON THE PLANS. 2. Revise note 12 under GENERAL SWPPP NOTES FOR CONSTRUCTION ACTIVITY. Remove note in its entirety and replace with the following: PROTECT STORM SEWER INLETS AT ALL TIMES WITH THE APPROPRIATE INLET PROTECTION FOR EACH SPECIFIC PHASE OF CONSTRUCTION. PROVIDE INLET PROTECTION DEVICES WITH EMERGENCY OVERFLOW CAPABILITIES. SILT FENCE PLACED IN THE INLET GRATE IS NOT AN ACCEPTABLE INLET PROTECTION BMP FOR GRADING OPERATIONS. SILT FENCE PLACED IN THE GRATE IS ONLY ALLOWED FOR SHORT INTERVALS DURING MILLING OR PAVING OPERATIONS. INLET PROTECTION DEVICES MAY NEED TO BE PLACED MULTIPLE TIMES IN THE SAME LOCATION OVER THE LIFE OF THE CONTRACT. KEEP ALL STORM SEWER INLET PROTECTION DEVICES IN GOOD FUNCTIONAL CONDITION AT ALL TIMES. REPLACE INLET PROTECTION DEVICE WITH A SUITABLE ALTERNATIVE IF THE ENGINEER DEEMS AN INLET PROTECTION DEVICE TO BE NONFUNCTIONAL, IN POOR CONDITION, INEFFECTIVE, OR NOT APPROPRIATE FOR THE CURRENT CONSTRUCTION ACTIVITIES. THERE WILL BE NO COST TO THE OWNER FOR REPLACEMENT OF INLET PROTECTION DEVICES. Sheet C2.06, Stormwater Pollution Prevention Plan 1. Revise note 5 under WATER RESOURCE NOTES. Remove note in its entirety and replace with the following: ANY SUBSURFACE DRAINAGE TILES DAMAGED DURING CONSTRUCTION SHALL BE REPAIRED, REPLACED OR REROUTED, AND CONNECTED TO THE EXISTING TILE OR DRAINAGE SYSTEM TO ENSURE THAT EXISTING UPLAND DRAINAGE IS PERPETUATED. THIS SHOULD BE DONE TO THE APPROVAL AND SATISFACTION OF THE ENGINEER. LIST OF ATTACHMENTS 1. City Hall Reroofing Project 2. 193804336_PreBid Sign -in Sheet Completed 3. Document entitled: Items that will not be left in building - Removal by Owner. 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Project Engineer: Chris Long, Dave Ahrens - Stantec Name 7-� 7 4 "_ �< � � C' k- --.;, _PGn %ia ✓� 1 7Li ice:, i Representing Phone 1`� �'u.� 7� �loy�,r,s Phone: Cell: 26 3-3 33 -f;7 3 EmaiI:7")9,-4L1L�(c TuT4 Phone: 9),OF <q70 Cell: Email: Phone: Cell: 3 Email:W 6.,.ktr&floydS.not • C Phone: 61� 2— Z 2.6 •- Cell: Email: ct 6 w --ru% cuwr Phone: 65l 'Y6b46'3 Cell: Email: 1 ti .,C., wz �.-►�y.�✓j <• a� Phone: (p 1 _. 3 1, 7 Cell: Email: Phone: �S_ f - 44 44 C L� J�� ✓ JJL4 rn M Cell: C� J rr^^ f l�/1 �l i rvnv tl Email:Q$bes,63 Sv-e W1 Phone: Cell: '� Email: gJis Q. Gy(.A_(_ LO /" Pre -Bid Meeting Sign -in Sheet PRE -BID MEETING SIGN -IN SHEET (3 Stantec Name Representing Phone C� V_ �" l.�i e J t� l `J 5 4 1 r U [ it C®--UCL_- 11(, Phone: Cell: Email- l�Sf_ keu( exCa(.- Aee`[a1v /rat % T /i¢IF7QJfof /��g�¢sc�v?�5� Phone: SYe• T 7 SS Cell: Email: od.r{P1v6wX Dz)- ur dA "10,4 Phone: " cCell Phone(o12� Email: \R k1 -AZk-kUSU'L�Y` �j • / ��i�J� �G Phone: Cell: 6 9- -17 5 — Email: Z4. a , r ,c L Phone: Cell: 6 (,Z- Email: kf_,T"cl,-ct-j �o�/•ri.r.�_Cv }�/ Q � � j� V � � � �Lli���-i�•'"�� Phone: dei: G1a- Email: �a� �S�� � � [ I� A{-�� ������1�`u�"� Phone:?� 3 Cell: / Phone: Co 1-7 `BK- 7a-7' ' Cell: - Email' w Phone: Cell: Email: L t-c Pre -Bid Meeting Sign -in Sheet PRE -BID MEETING SIGN -IN SHEET 1(5� Stantec Name Representing Phone Phone: Cell; �w� Phone: �1 p� Cell: Email: c A a Phone: Cell: C Emaii:Ncllil%Ild��(�"`�iW� Phone: Cell:•�— Email: � J / �, 1 ,44 a L� o%F Phone: yoGiYI6 IVY S6h �\J Cell: �)3 F /a1Ll Email. �„ nf f Phone: r� �J�yt p%fii/ � �.f/►�I Atii/Gn�J �YIS iY�t�'�+ Cell: Email: Phone: Cell: Email: Phone: Cell: Email: Phone: Cell: Email: Phone: Cell: Email: Pre -Bid Meeting Sign -in Sheet Items that will not be left in city hall building - Removal by City Prior to Ex. City Hall Demolition 1/25/19 Shred boxes (7 total) Small refrigerators (personal) Fans Space heaters Tvs and smart boards Lektriever filing system (we have two; keeping one) Printers and copiers Computers and phones Shelving in Archives Room Shelving in P&R storage room Shelving in Elections Room (� Elections Room - all equipment and supplies i White folding banquet tables Framed city maps P&R Conf room contents (everything in this room will be moved - chairs, tables, white boards, lectern) I Personal wall art Key boxes - various locations Safes (in finance and P&R) Fire extinguishers and defibrillators Portable plan racks (building official's office and central store) Plan table (Hanson's office) Police hall - Badge case, officer photos, ELATE uniform cases Police conf room - tables and chairs Bulletin boards - various ones in police department and P&R FIyer racks (two) - vertical Men's locker room: Five blue lockers, one coat rack Sick room - photography equipment, backdrop/stands, portable light, desk lamp, portable radio Desks - Thelen, Leone, Chirpich, Ellingson full desk system, Beise all furniture except overheads Drawer units - Smisek, Spitzer, Chirpich (and small table) Wardrobe desk unit - Jeff Sargent's office Rail system (mounted toward ceiling) in council chambers for hanging pictures Trash/recycling receptacles (two) - dark brown (in lobby and in P&R conf room) Easels (in chambers, P&R conf room, and central store) Vacuum cleaner (central store and boiler room) - Wired shelving unit in cable room Chairs: Dept Qty Police 13 Nadine Baker, Cheri Galli, Tony Loser, Tim Fournier, Jeana Allen -Hatcher, Katelyn Croteau, 4 clerks, Scott Slawson, two squad room Finance/HR 6 Keith Beise, Carol Gass, Shari Rains, Rich Johnson, AEM office, IT office Admin 3 Beth Kramer, Val Leone, cable room Council 13 Behind desk — Aeron style Mgr conf rm PD conf rm Admin 8 10 5 Hon Ignition style (6 with arms; 2 w/o arms) Upholstered stacking chairs Misc older desk chairs (for warming houses) (Continued on next page) Lateral files 2 gray 5-door units in finance area 3 tan 5-door units outside Eric Hansen's office in Comm Dev. 2 tan 5-door units in hall outside Valerie's office (marked with blue tape) 3 tan 5-door units in Police area (chief's office SL281, Det Galli SL300, Det. Loser SL299) 1 tan 3-drawer unit (Jeana's office SL285) 2 tan 5-door cabinets in Walker's office (put in Archive cage) 2 tan 5-door cabinets in Carol Gass' cubicle 1 tan 5-door unit in Kirks office 1 tan 3-drawer unit in Rich's office Gray cabinet with two doors (elections room) Fire alarm panel (PD clerk area) Exterior PD Badge sign (on East exterior wall of building) Concrete planters (four total: two in front of city hall and two by PD) Concrete trash receptacles (four total: city hall entrance, PD entrance, by dumpsters, by patio) Metal patio tables with umbrellas (3) Generator All items marked with piece of blue tape at Mandatory Pre -Bid Meeting on January 241h, 2019 DOCUMENT 00 91 13 ADDENDUM 1 EXISTING CITY HALL DEMOLITION CITY PROJECT NO. 941 AND 994 PROJECT NO. 193804336 NEW HOPE, MINNESOTA January 22, 2019 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 733 Marquette Ave. Suite 1000 Minneapolis, MN 55402 (612) 712-2000 - General Office (612) 712-2001 - Dave Ahrens, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and emailing this page back to Stantec at shirlev.lovell@stonfec.com as soon as you receive it. Company Name Date © 2019 Stantec 1 193804336 ADDENDUM 1 0091 13-1 SECTION 00 31 00 - AVAILABLE PROJECT INFORMATION 1. Page 00 31 00 - 1. Delete Paragraph 1.02, B. and replace with the following: B. The following reports can be downloaded from the ftp identified below: 1. Report dated November 13, 2018, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled "Re art of Geotechnical Exploration: Swimming Pool Construction Munici al Complex, New Hope, Minnesota." 2. Report dated December 6, 2018, prepared by American Engineering testing, Inc., St. Paul, MN, entitled Asbestos and Re elated Waste Ins ections Report: City Hal! 4401 x lon Avenue North New Hoe MN 55428." Login Information FTP link: httDs://tmDsftiD.stantec.com Login name: s0130083010 Password: 2897580 Disk Quota: 2GB NEW Expiry Date: 2/13/2019 LIST OF ATTACHMENTS 1. None. END OF DOCUMENT ADDENDUM 1 © 2019 Stantec 1 193804336 0091 13 - 2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. David A. Ahrens, P.E. Date: January 15, 2019 License #21711 END OF SECTION PROFESSIONAL CERTIFICATIONS © 2019 Stantec 1 193804336 0001 05 -1 This Page Left Blank Intentionally SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 0001 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 0011 13 Advertisement for Bids 0021 13 Instructions to Bidders 0031 00 Available Project Information 0041 10 Bid Form 0041 13 Bid Form Attachment A Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 0061 13.16 Payment Bond 00 72 05 EJCDC C-700 Std General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 2000 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 16 Structure Demolition SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 1000 Site Clearing 31 2300 Excavation and Fill Division 32 - Not Used Division 33 - Utilities 331000 Water Utilities Division 34 - Not Used END OF SECTION TABLE OF CONTENTS © 2019 Stantec 1 193804336 0001 10 - 1 This Page Left Blank Intentionally CITY OF NEW HOPE ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 10 A.M., CST, Thursday, February 7, 2019, at which time they will be publicly opened and read aloud for the furnishing of all labor, materials, and all else necessary for the following: Civic Center Park - Exisfing City Hall Demolition -- City Pro ect No's. 941 994 In general, Work consists of a demolition of existing City Hall, amphitheater, shelter building, concrete pads and sidewalks, bituminous paving, and underground utilities. The Project consists of the following approximate quantities: 2,000 SY Remove Bituminous Pavement 6,500 SF Remove Concrete Sidewalk or Slabs 700 LF Remove Concrete Curb & Gutter 1,000 LF Remove Storm Sewer Pipe 1 LS Existing City Hall Building Demolition 1 LS Existing Amphitheater Building Demolition 1 LS Existing Picnic Shelter Building Demolition Along with temporary erosion control. A mandatory Pre -Bid Meeting will be held at 10:00 A.M CST, on Thursday, January 24, 2019, at City Hall located at 4401 Xylon Avenue North. Representatives of Owner and Engineer will be present to discuss the Project. Bidders may attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addendum 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. Complete digital Bidding Documents are available at www.cluestcdn.com for $20 by inputting QuestCDN eBidDoc #6069066 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 733 Marquette Ave., Suite 1000, Minneapolis, MN 55402, (612) 712-2000. Direct inquiries to Engineer's Project Manager, David Ahrens, at (651) 775-5033. Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in accordance with the Instructions to Bidders. The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to exceed 60 days after the date and time set for the Opening of Bids. No Bids may be withdrawn for a period of 60 days after the date and time set for the Opening of Bids. The Owner reserves the right to reject any and all Bids, to waive irregularities and informalities therein, and further reserves the right to award the Contract to the best interests of the Owner. Kirk McDonald, City Manager City of New Hope, Minnesota Error! Reference source not found. © 2019 Stantec 1 193804336 ADVERTISEMENT FOR BIDS 00 1 1 13- 1 This Page Left Blank Intentionally SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office - The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.02 Complete sets of Bidding Documents shall 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. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. Please contact QuestCDN.com at 952-233-1632 or info@questcdn.com for assistance in free membership registration, downloading, and working with this digital project information. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 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: A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. INSTRUCTIONS TO BIDDERS @ 2019 Stantec 1 193804336 0021 13 - 1 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.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 4.02 of the General Conditions has been identified and established in Paragraph 4.02 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. 4.02 Underground Facilities A. 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. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. 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. 4.04 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 subsurface or physical 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. INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804336 0021 13 - 2 4.05 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. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 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 contemplated by these Bidding Documents. 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. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. 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; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work; D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; F. 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(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; G. 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; H. 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 INSTRUCTIONS TO BIDDERS © 2019 Stantec 1193804336 0021 13 - 3 determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, 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. ARTICLE 5 - PRE -BID CONFERENCE 5.01 A mandatory Pre -Bid Conference will be held at 10:00 A.M. CST on January 24, 2019 at New Hope City Hall, 4401 Xylon Avenue North, New Hope, MN. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addendum 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. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. 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. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. 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. Questions received less than 10 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. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The 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 INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804336 0021 13 - 4 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 consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 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 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 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. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 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. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of © 2019 Stantec 1 193804336 INSTRUCTIONS TO BIDDERS 0021 13-5 the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 - PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A 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. 13.04 A 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 address of the partnership shall be shown. 13.05 A 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 shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. 13.12 Bidders shall indicate the total add or deduct to the Total Base Bid for each Alternate provided on the Bid Form. INSTRUCTIONS TO BIDDERS 0 2019 Stantec 1 193804336 0021 13 - 6 ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package 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, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 10, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same 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. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non -responsive, 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 Project is awarded. INSTRUCTIONS TO BIDDERS © 2019 Stantec 1 193804336 0021 13 - 7 ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 18.01 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. ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 19.02 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 not be 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 involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 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. 19.06 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 proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 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 shall be accompanied by such bonds. INSTRUCTIONS TO BIDDERS © 2019 Stantec 1193804336 0021 13 - 8 ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along 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 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 - RESPONSIBLE CONTRACTOR 22.01 In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes § 16C.285), Bidders are hereby advised that the Owner cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes § 16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Owner. A bidder must submit signed verifications from subcontractors upon the Owner's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes § 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. ARTICLE 23 - SUBLETTING OF CONTRACTOR 23.01 REVISED 11/24/14 The provisions of MnDOT 1801 are modified as follows: For Projects in excess of $50,000, the Contractor may sublet work only to subcontractors that meet the definition of "responsible contractor" in Minnesota Statutes § 16C.285, subdivision 3. The Contractor is responsible for obtaining verifications of compliance with § 16C.285 from subcontractors using a form provided by the Owner. The Contractor must provide such verifications to the Owner upon the Owner's request. END OF SECTION © 2019 Stantec 1193804336 INSTRUCTIONS TO BIDDERS 0021 13-9 This Page Left Blank Intentionally SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. The Technical Data is identified in the Supplementary Conditions. Bidders are responsible for their own interpretation, verification, and use of the Technical Data contained in these reports and drawings consistent with the General Conditions and Supplementary Conditions. Reports, drawings, and other information regarding the Project may be available for Bidder's review at Engineer's office. Schedule a viewing time with the Project Manager. Portions of reports and drawings used by the Engineer in the preparation of Bidding Documents are attached to this Section. A list of attachments to this Section include: l . Report dated November 13, 2018, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled "Report of Geotechnical Ex loration: Swimming Pool Construction, Municipal_ Complex, New Hope, Minnesota." 2. Report dated December 6, 2018, prepared by American Engineering testing, Inc., St. Paul, MN, entitled Asbestos and Reaulated Waste Inspections Report: City Hall 4401 Xvlon Avenue North, New Hope, MN 55428." C. Portions of additional reports and drawings not listed above but used by the Engineer in the preparation of Bidding Documents are available upon request to the Project Manager. D. Existing Building Drawings can be viewed at the office of Stantec, located at 733 Marquette Ave., Suite 1000, Minneapolis, MN 55402, or can be downloaded from the following ftp site: Login Information FTP link: httrs:l/tmpsftp.stantec.com Login name: s0130083010 Password: 2897580 Disk Quota: 2GB NEW Expiry Date: 2/13/2019 AVAILABLE PROJECT INFORMATION © 2019 Stantec 1 193804336 0031 00-1 PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2019 Stantec 1 193804336 0031 00 - 2 (3 Stantec BIDDER: Veit & Comipany, Inc. DOCUMENT 00 41 10 BID FORM CIVIC CENTER PARK - EXISTING CITY HALL DEMOLITION PROJECT NO. 193804336 NEW HOPE, MINNESOTA 2019 THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 1.01 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. 2.01 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 60 days after the Bid Opening, or for such longer period of time that Bidder may agree to In writing upon request of Owner. 3.01 In submitting this Bid, Bidder represents 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. AddeMym bats 1 Jan. 2?_ , -2019 2 Feb. 01. 2019 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 sgtisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, -or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC-4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC-4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not 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 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. F. 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. G. Bidder is aware bf 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. . H. 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. I. 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. J. 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. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: m 2019 Slanlec 1 193804336 0041 10 • 1 BID FORM A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B, The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Bid for the purpose of restricting competition. 4.02 Bidder understands that the law may require the Owner, or Engineer at the Owners direction, to undertake an investigation and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract. Bidder hereby waives any and all claims, of whatever nature, against Owner, Engineer and their employees and agents, which arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragraph is intended to restrict Bidder's rights to challenge a contract pursuant to law. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): All specific cash allowances are included in the price(s) set forth below and have been computed in accordance with Paragraph 11.02 of the General Conditions. Unit Prices have been computed in accordance with Paragraph I l A3.8 of the General Conditions_ Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quanlities provided, determined as provided in the Contract Documents. 5.02 Materials Disposal Plan must include the following and must be submitted with the Bid: A. Disposal site(s) must meet the requirements of Section 02 31 13, which includes, but not limited to the following: I- Be a licensed, permitted facility in good standing with the State where the facility is located. 2. Cannot be a Permit -By -Rule landfill, 3 Re licensed or permitted to accept the type of material being taken to the facility. For materials that will be recycled such as clean concrete, bituminous pavement, etc., Contractor shall include location(s) to receive these materials with the Bid. If based on actual material characteristics, changes in disposal location is required, Contractor shill make a written request to the Owner. Request shall include their reason for the change and new disposal location information. 9)2019 S1cnlec 1 193804336 0041 10 - 2 31D FORM No. Item Units Qty Unit Price Total Price j 1 BASE BID:�j MOBILIZATION LS 1 $ Sw . d $ � ��j%' " Z) 2 TRAFFIC CONTROL LS I•�J�/ram 3 REMOVE BITUMINOUS PAVEMENT SY 3.300 $ - r b p�l/Y 4 REMOVE CONCRTE SIDEWALK OR SLABS SF �/ /- 6,500 % $�. 5 REMOVE CONCRETE CURB & GUTTER LF / 900 $ f r $. O~a 6 REMOVE CATCH BASIN OR MANHOLE EA 8 $ J/jL�• �$ 7 REMOVE FLAG POLE AND FOUNDATION EA 1 $ [/' I $ 8 REMOVE MONUMENT SIGN AND FOUNDATION EA 2 or _ $ 9 l REMOVE LIGHTING LS 1 $ / �� ap $ 7 " .y V 10 REMOVE RETAINING WALL SY 50 $ • / A V $ 5 ;1"a• E11 REMOVE STORM SEWER PIPE LF 850 $ 12 REMOVE SANITARY SERVICE PIPE LF 40 $ a• ov $ 13 REMOVE WATERMAIN PIPE LF 90 $ 67. ;x 3 $ 7, �O• �� r- 14 REMOVE DRAIN TILE LF 300 $ - �� $ 3. r1D 15 REMOVE CHAIN LINK FENCE LF 75 $ $� �• �� ' 16 REMOVE HOCKEY RINK DASHER BOARDS LS 1 $ • $ �a • �U 17 REMOVE BALLFIELD SEATS EA 6 $ [ $ ee&V 8 REMOVE AMPHITHEATER SEATS EA 2 $ 0• $ O. Qof 19 EXISTING CITY HALL BUILDING DEMOLITION LS �) 1 $ Z� ��• /�] ����a _ 20 EXISTING AMPHITHEATER BUILDING DEMOLITION LS ,,�' 1 $ �,� • U7.►� ! 1 // o `� �� EXISTING PICNIC SHELTER BUILDING DEMOLITION LS I 5 t $ ! ■ / �_. I21 l_ 22 HAZARDOUS MATERIAL ABATEMENT LS 1 $ A 0. dv$ ara 23 GRUBBING EA 69 $ ' $ � ev 24 SILT FENCE, TYPE MS LF 1,500 $ $ er" 25 STORM DRAIN INLET PROTECTION, STREET EA 10 $ $ y 26 L STORM DRAIN INLET PROTECTION, NON -STREET EA ✓�1 5 $ - U v $ 27 TEMPORARY CONSTRUCTION ENTRANCE EA 1 $�O�y 3 &v L28 TEMPOARY MULCH AND SEED SY 11,000 $ / 7: $ ■ ! a •• 29 BIOROLL LF 7 200 $ / $ ✓ �� 30 STREET SWEEPER WITH PICKUP BROOM HR //r //� 10 $ l 7� • $ ���• TOTAL BASE BID: .c 2019 S Im lec 1 193804336 0041 10-3 f 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.13 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 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. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of 5 percent. B. Bid Form Attachment A - Responsible Contractor Verification and Certification of Compliance. 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 19151580M �r e SUBMITTED on Feb. 7 .2019. Corporation Name: Veit & Company, Inc. (SEAL) State of Incorporation: Minnesota Type (General Business, Professional, Servic(-,, I imited I inhility): Service By: (Signature) Name (typed or printed): Brian Volk Title: Treasurer 4t�Attest (CUKPUKA IE SEAL) Vaug A. Veit (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 14000 Veit Place Rogers, MN 55374 Phone No.: 763-428-2242 Email.: , tmuellera-yeltusa.com O 2019 Slantec 1 193804336 0041 10 - 4 BID FORM e An Individual A_Partnership Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Email.: (SEAL) Partnership Name: (SEAL) By: (Signature of general partner) Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Email.: END OF DOCUMENT © 2019 Stantec 1 193804336 00 41 10 - 5 BID FORM SECTION 00 41 13 BID FORM ATTACHMENT A RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE PROJECT TITLE: Chic Center Park — Existing Cit`• Hall Demolition Minn. Stat. § 16C.285, Subd. 7. IMPLEMENTATION.... any prime contractor or subcontractor that does not meet the minimum criteria in subdivision 3 or fails to verify that it meets those criteria is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project... Minn. Stat. § 16C.285, Subd. 3. RESPONSIBLE CONTRACTOR, NIINNINIUNI CRITERIA. "Responsible contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: (1) The Contractor: (i) is in compliance with workers' compensation and unemployment insurance requirements; (ii) is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; (iii) has a valid federal tax identification number or a valid Social Security number if an individual; and (iv) has filed a certificate of authority to transact business in Minnesota with the Secretary of State if a foreign corporation or cooperative. (2) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.2-, 177.41 to 177.44, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: (i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; (ii) has been issued an order to comply by the commissioner of Labor and Industry that has become final; (iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; (iv) has been found by the commissioner of Labor and Industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; (v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or (vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* BID FORM ATTACHMENT A © 2019 Stantec 1 193804336 0041 13 - 1 (3) The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* (4) The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* (5) The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. (6) The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and (7) All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6). Minn. Stat. § 16C.285, Subd. 5. SUBCONTRACTOR VERIFICATION. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. A prime contractor shall submit to the contracting authority upon request copies of the signed verifications of compliance from all subcontractors of any tier pursuant to subdivision 3, clause (7). A prime contractor and subcontractors shall not be responsible for the false statements of any subcontractor with which they do not have a direct contractual relationship. A prime contractor and subcontractors shall be responsible for false statements by their first -tier subcontractors with which they have a direct contractual relationship only if they accept the verification of compliance with actual knowledge that it contains a false statement. t ' BID FORM ATTACHMENT A © 2019 Stantec 1 193804336 0041 13 - 2 Minn. Stat. § 16C.285, Subd. 4. VERIFICATION OF COMPLIANCE. A contractor responding to a solicitation document of a contracting authority shall submit to the contracting authority a signed statement under oath by an owner or officer verifying compliance with each of the minimum criteria in subdivision 3 at the time that it responds to the solicitation document. A contracting authority may accept a sworn statement as sufficient to demonstrate that a contractor is a responsible contractor and shall not be held liable for awarding a contract in reasonable reliance on that statement. Failure to verify compliance with any one of the minimum criteria or a false statement under oath in a verification of compliance shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract on the project for which the verification was submitted. A false statement under oath verifying compliance with any of the minimum criteria may result in termination of a construction contract that has already been awarded to a prime contractor or subcontractor that submits a false statement. A contracting authority shall not be liable for declining to award a contract or terminating a contract based on a reasonable determination that the contractor failed to verify compliance with the minimum criteria or falsely stated that it meets the minimum criteria. CERTIFICATION By signing this document I certify that i am an owner or officer of the company, and I s'%vear under oath that: 1) DIy company meets each of the Minimum Criteria to be a responsible contractor as defined herein and is in compliance with Minn. Stat. § 16C.285, 2) 1 have included Attachment A-1 with my company's solicitation response, and 3) if my company is awarded a contract, I will also submit Attachment A-2 as required. Authorized Signature of Owner or Officer Title: Treasurer Company Name: Veit & Company, Inc. Sworn to and subscribed before me this 7th day of Feb. 12019 . 411/0,10- /2,&2461- vtary Public Nly Commission Expires: Jan. 31, 2020 Printed Name: Brian Volk Date: Feb. 7, 2019 y TERESA K. DALEIDEN ttEQJ4W&&Mirfiib9&a •S My Commission Expires Jan 31, 2020 NOTE: Minn. Stat. § 16C.285, Subd. 2, (c) If only one prime contractor responds to a solicitation document, a contracting authority may award a construction contract to the responding prime contractor even if the minimum criteria in subdivision 3 are not met. BID FORM ATTACHMENT A 0 2019 Stantec 1 193804336 0041 13 - 3 A ATTACHMENT A-1 FIRST -TIER SUBCONTRACTORS LIST SUBMIT WITH PRIME CONTRACTOR RESPONSE PROJECT TITLE: Civic Center Park— Esistine City Ha1I Demolition Minn. Stat. § 16C.285, Subd. 5. A prime contractor or subcontractor shall include in its verification of compliance under subdivision 4 a list of all of its first -tier subcontractors that it intends to retain for work on the project. Submit this form with the Bid Form. FIRST TIER SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located NO,) 1'e tj 4- 7�� �� / ��� �_71-c-tircA-- /O) /; P? % Al, i �v � t.�.l�, iv►1��► Tint Ply � l��.c. Try �� Lo M�oI v1iCs�'� l nc . � ►'�St Nlt� { N izy W� LBID FORM ATTACHMENT A 0 2019 Stantec 1 193804336 0041 13 - 4 L. ATTACHMENT A-2 ADDITIONAL SUBCONTRACTORS LIST PRIME CONTRACTOR TO SUBMIT AS SUBCONTRACTORS ARE ADDED TO THE PROJECT PROJECT TITLE: Civic Center Park — Existina City Hall Demolition This form must be submitted to the Project Manager or individual as identified in the solicitation document. Minn. Stat. § 16C.285, Subd. 5.... If a prime contractor or any subcontractor retains additional subcontractors on the project after submitting its verification of compliance, the prime contractor or subcontractor shall obtain verifications of compliance from each additional subcontractor with which it has a direct contractual relationship and shall submit a supplemental verification confirming compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors. Submit this form to the Project Manager. ADDITIONAL SUBCONTRACTOR NAMES Name of city where company home (Legal name of company as registered with the Secretary of State) office is located BID FORM ATTACHMENT A © 2019 Stantec 1 193804336 0041 13 - 5 ADDITIONAL SUBCONTRACTOR NAMES (Legal name of company as registered with the Secretary of State) Name of city where company home office is located SUPPLEitIENTAL CERTIFICATION FOR ATTACHMENT A-2 By signing this document I certify that I am an owner or officer of the company, and I sivear under oath that: All additional subcontractors listed on Attachment A-2 have verified through a signed statement under oath by an owner or officer that they meet minimum criteria to be a responsible contractor as defined in 'Minn. Stat. § 16C.235. Authorized Signature of Owner or Officer: Printed Name: Title: Date: Company Name: Sworn to and subscribed before me this day of , 20_ Notary Public 1 Nly Commission Expires: I J 0 2019 Stantec 1 193804336 I PLACE NOTARY SEAL HERE I END OF SECTION BID FORM ATTACHMENT A 0041 13-6 VENT Specialty Contracting & Waste Management 14000 Veit Place Office 763.428.2242 Minneapolis, MN 55374 Toll free 866.428.2242 Fax 763428.8348 Veit11SA.com Veit & Company, Inc. Materials Disposal / Recycling Plan Civic Center Park Existing City Hall Demolition New Hope, MN 55428 City Project No.: 941 and 994 Stantec Project No. 193804336 Veit Project No. TBD Debris Disposal (Non-Recyclables): Vonco II LLC Landfill 15301 1401h Ave. SE Becker, MN 55308 Concrete & Masonry Recycling: Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 Bituminous Recycling: Commercial Asphalt 10000 81 st Ave. N. Maple Grove, MN 55369 February 6, 2019 Midwest Asphalt 4300 Willow Dr. Medina, MN 55340 Scrap Metals: Recycling Locations shall be determined at the time the work takes place during the various phases of work. Special Note: Other possible disposal and recycling locations may be added to this list. Contraeting Earthwork ❑amidi on [llflitirr Foundations knvilonmentat R_4mediarlan lrnfustrial Clea-ring Wasta Management Rofl-�ifl Cc:?I i ifP0rs SOP11 wast9 Oispvaal Exsilities Industrial Wash? Co+larrueriunl0a nvtirion Oat4s Racyoli ag & Tm isf,Rr Fsrififies Waste Neuling Affirmative Action Equal Opportunity Employer Minnesota Wisconsin Minneapolis Nfilwaukes Diduth North Dakota Rwhaster Minor ( C PENAL SUM FORM Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. BIDDER (Name and Address): Veit & Company, Inc. 14000 Veit Place, Rogers, MN 55374 SURETY (Name, and Address of Principal Place of Business): Western Surety Company 151 N. Franklin Street, Chicago, IL 60606 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North, New Hope, MN 55428 W Bid Due Date: February 7, 2019 Description (Project Name— Include Location): Civic Center Park - Existing City Hall Demolition CP 941,994 BOND Bond Number: Bid Bond Date: January 24, 2019 Penal sum Five Percent of Amount Bid $ 5% (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY Veit & Company, Inc. (Seal) Western Surety Com Bidder's Name and Corporate Seal Surety's Name o By: By: Signature Print Name Title Attest: A440V/1'2 ignatur ture(Attach Kristin L. Salazar Print Name Attorney -in -Fact Title Attest: Signature Title fa/A ' Title Surety Witness Note: Addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary. EJCDC' C-430, Bid Bond (Penal Sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 SCA%- PENAL SUM FORM �►1{aVufw�r. ...i. t. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from the Bid due date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after the Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. EJCDC' C-430, Bid Bond (Penal sum Form). Published 2013. Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 Acknowledgment by Corporation STATE OF COUNTY OF L- k4t4 iz On this % day of p , before me personally appeared Jo me known, who being by me duly sworn, did acknowledge and say that (s)he is the 22.P ct , i1,f L-e.4 of Veit & Company, Inc. ,the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof; I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. Notary Public • TERESA K. DALEIDEN �'j� � / , State Of / �I.�IV Notary Public -Minnesota County of AffWjtpit : +:t ` W Commis ion Expires Jan 31, 2020 My Commission Expires: 1-2,-6 Acknowledgment by Surety STATE OF Colorado COUNTY OF Arapahoe On this 241h-day of .Tanga T , 2019 , before me personally appeared Kristin L- Salazar to me known, who being by me duly sworn, did acknowledge and say that she is the Attorney -in -Fact of Western Surety Company the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. F. Hanky , NoI`ary Public - State oj'�''41orado Cour4- f of Arapahoe My Commission Expires: 01/09/2021 MARY I-. HANKS NOTARY PUBLIC STATE OF COLORADO NOTARY IO 2034fl00312 MY COMMISSION EXPIRES JANUARV 9, 2021 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kristin L. Salazar , Individually Greenwood Village, of co its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyBondNo.: Bid Bond Principal: Veit & Company, Inc. Obligee: City of New Hope and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February, 2018. WESTERN SURETY COMPANY -1 „spy �Y un.wAPaul T. Bruflat, Vice President State of South Dakota ss County of Minnehaha On this 27th day of February, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR NOTAMMRkM June 23, 2021 3O1'N°AP* r"� r / J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 24th day of January, 2019. suRETY WESTERN SURETY COMPANY �r.�4aq.PGA,yrF $ $7H OnK L. Nelson, Assistant Secretary Fonn F4280-7-2012 Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Veit & Company, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Existing City Hall Demolition. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: Civic Center Park - Existing City Hall Demolition for the City of New Hope, Minnesota. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence 1. 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. 4.02 Dates for Start Construction, Substantial Completion and Final Payment l . The Work will be substantially completed on or before August 18, 2019, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before September 20, 2019. 4.03 Dates for Milestones i . The following Milestones, as defined in the Supplemental Conditions (Section 00 73 05) of the Project Manual, will be completed by the following dates. 2. Phase 1 Start Date: Following award of contract. 3. Phase 1 Completion Date: Demolition of the existing theater, shelter, hockey rink boards and lights, and associated pavement and surface removals - April 12, 2019. 4. Phase 2 Start Date: July 1, 2019. 5. Phase 2 Completion Date: August 18, 2019. 6. Substantial Completion - August 18, 2019. 7. Final Completion - September 20, 2019. © 2019 Stantec 1193804336 AGREEMENT FORM 005210-1 4.04 Incentives A. In the event that all specified Milestones and work identified under specified substantial completion date as identified in Paragraphs 4.02 and 4.03 of this section are met, payment otherwise due in the Contract will be adjusted with a lump sum incentive payment of $2,000.00 via Change Order. Payment of the incentive will be made within 60 calendar days of the above -mentioned substantial completion date. B. Absolutely no adjustments in the completion date or completion requirements will be made for any reason in determining eligibility of incentives payment. 4.05 Liquidated Damages Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 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 $1000 for each day that expires after the time specified in Paragraph 4.02 for Milestones and Substantial Completion until the Work is Substantially Complete. After Substantial Completion, 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 $1000 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for Final Payment until the Work is completed and ready for Final Payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. 2. Original Contract Amount is based on Total Base Bid of Two Hundred Fifty thousand Eight Hundred Eleven Dollars and Forty -Eight Cents [$250,811.48]. ARTICLE 6 - PAYMENT PROCEDURES 6.01 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. © 2019 Stantec 1193804336 AGREEMENT FORM 005210-2 6.02 Progress Payments; Retainage 1. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment, monthly during performance of the Work as provided in Paragraphs 6.02.A.I and 6.02.A.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 Bid 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: 2. 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 may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent 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 200 percent 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. 6.03 Final Payment 1. 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. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. 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. 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. 4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except © 2019 Stantec 1193804336 AGREEMENT FORM 005210-3 Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." 5. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. 6. Based on the information and observations referred to in Paragraph 8.01.E above, 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. 7. 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. 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. 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 9.01 Contents 1. The Contract Documents consist of the following: 2. This Agreement. 3. Performance Bond, Payment Bond, and other Bonds. 4. General Conditions. 5. Supplementary Conditions. 6. Specifications as listed in the table of contents of the Project Manual. 7. Drawings bearing the following general title: Civic Center park - Existing City Hall Demolition. 8. Addenda (Numbers 1 to 2, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Order(s). AGREEMENT FORM © 2019 Stantec 1193804336 00 52 10 - 4 1 1. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). 12. There are no Contract Documents other than those listed above in this Article 9. 13. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms 1. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract 'I. 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. 10.03 Successors and Assigns l . 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. 10.04 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. 10.05 Contractor's Certifications 1. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 2. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 3. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; © 2019 Stantec 1193804336 AGREEMENT FORM 005210-5 4. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 5. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. © 2019 Stantec 1193804336 AGREEMENT FORM 005210-6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on March 25, 2019 (which is the Effective Date of the Agreement). Owner: City of N Ho , Minnesota By: Attest: Address for giving notices: CITY CLERK CITY OF NEW HOPE NEW HOPE, MN 55423 Designated Representative: Name: Titl KIRK MCDONALD CITY MAAGER Address: Me Contractor: Veit & Company, Inc. By: Attest: Address for giving notices: 14 TO N) License No.: (Where Applicable) Designated Representative: Name: Title: Address: Phone: Phone: 763-531-5100 Facsimmillee: +� Facsimile: END OF SECTION AGREEMENT FORM © 2019 Stantec 1193804336 0052 10 - 7 This Page Left Blank Intentionally a s +)CDC` ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 OWNER (name and address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT PERFORMANCE BOND SURETY (name and address of principal place of business): Western Surety Company 151 N. Franklin Street Chicago, IL 60606 Effective Date of the Agreement: March 26, 2019 Amount: $250,811.48 Two Hundred Fifty Thousand Eight Hundred Eleven Dollars and 48/100 Description (name and location): Civic Center Park - Existing City Hall Demolition CP 941,994 BOND Bond Number: 30059059 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): March 29, 2019 Amount: $250,811.48 Two Hundred Fifty Thousand Eight Hundred Eleven Dollars and 48/100 Modifications to this Bond Form: X❑ None See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Veit & Company, Inc. (seal) Contractor's Name and Corporate Seal Signature B,-6- Xcl. \--ylX Print Name Title Attest: Signature Title SURETY Western Sur n Surety's Nahe grijuCo Kristin L. Salazar Print Name Attorney -in -Fact Title Attest; Signature Surety Witness Title power `TC AV Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-610, Performance Bond Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. 1 of 3 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which Is Incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor, and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. S. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 5.4.1 After investigation, determine the amount for which It may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication for: 7.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. E1CDC® C-610, Performance Bond Copyright m 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 2 of 3 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner, or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent Is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract: The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default: Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16. Modifications to this Bond areas follows: EJCDC® C-610, Performance Bond Copyright ® 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 EJCDC` ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE CONTRACTOR (name and address): Veit & Company, Inc. 14000 Veit Place Rogers, MN 55374 OWNER (name and address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT PAYMENT BOND SURETY (name and address of principal place of business): Western Surety Company 151 N. Franklin Street Chicago, IL 60606 Effective Date of the Agreement: March 26, 2019 Amount: $250,811.48 Two Hundred Fifty Thousand Eight Hundred Eleven Dollars and 48/100 Description (name and location): Civic Center Park - Existing City Hall Demolition CP 941,994 BOND Bond Number: 30059059 Date (not earlier than the Effective Date of the Agreement of the Construction Contract): March 29, 2019 Amount: $250,811.48 Two Hundred Fifty Thousand Eight Hundred Eleven Dollars and 48/100 Modifications to this Bond Form: ® None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Veit & Company, Inc. (seal) Contractor's Name and Corporate Seal BY: _._ I 1L-_ Signature .r O Ly- Print Name Title Attest: Signature ►-�-� I S—i�Y Title SURETY Western SWet b an Surety's N me C po at eat ?�'` i R w, Signature (attach power of torney) Kristin L. Salazar Print Name Attorney -in -Fact Title Attest: Signature Surety Witness Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. EJCDC® C-615, Payment Bond Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 1 of 3 6. If a notice of non-payment required by Paragraph 5.1.1 is 1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor, that is sufficient to themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1. materials, and equipment furnished for use in the performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall terms. promptly and at the Surety's expense take the following actions: 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant, with a copy to the harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the by any person or entity seeking payment for labor, Claim, stating the amounts that are undisputed and materials, or equipment furnished for use in the the basis for challenging any amounts that are performance of the Construction Contract, then the Surety disputed; and and the Contractor shall have no obligation under this Bond. 7.2 Pay or arrange for payment of any undisputed amounts. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim, the Owner or the Owner's property by any person or except as to undisputed amounts for which the entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If, furnished for use in the performance of the Construction however, the Surety fails to discharge its Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety liens, or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to 4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to 3, the Surety shall promptly and at the Surety's expense the Claimant. defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's 5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3, and the amount of this shall arise after the following: Bond shall be credited for any payments made in good faith by the Surety. 5.1 Claimants who do not have a direct contract with the Contractor, 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance 5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any, payment to the Contractor, stating with under any construction performance bond. By the substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond, and the name of the party to whom the they agree that all funds earned by the Contractor in the materials were, or equipment was, performance of the Construction Contract are dedicated furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under labor was done or performed, within this Bond, subject to the Owner's priority to use the funds ninety (90) days after having last for the completion of the work. performed labor or last furnished materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or Claim; and others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be 5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on 5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to contract with the Contractor have sent a Claim to Claimants under this Bond. the Surety (at the address described in Paragraph 13). 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. EJCDC® C-615, Payment Bond Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of civil Engineers. All rights reserved. 2 of 3 12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment the state in which the project that is the subject of the furnished as of the date of the Claim. Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a (2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor, anyone or the last materials or equipment were furnished materials, or equipment for use in the performance by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant (1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable limitation available to sureties as a defense in the mechanic's lien or similar statute against the real jurisdiction of the suit shall be applicable. property upon which the Project is located. The intent of this Bond shall be to include without 13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power, shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction shall be sufficient compliance as of the date received. Contract, architectural and engineering services required for performance of the work of the 14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors, statutory or other legal requirement in the location where and all other items for which a mechanic's lien may the construction was to be performed, any provision in be asserted in the jurisdiction where the labor, this Bond conflicting with said statutory or legal materials, or equipment were furnished. requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover so furnished, the intent is that this Bond shall be construed page, including all Contract Documents and all as a statutory bond and not as a common law bond. changes made to the agreement and the Contract Documents. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1 Claim: A written statement by the Claimant including at a minimum: I. The name of the Claimant; 2. The name of the person for whom the labor was done, or materials or equipment furnished; 3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 4. A brief description of the labor, materials, or equipment furnished; S. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 7. The total amount of previous payments received by the Claimant; and 16.4 Owner Default: Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents: All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as follows: EJCDC® C-615, Payment Bond Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. 3 of 3 Acknowledgment by Corporation STATE OF M,1,, In-,r c„-zc COUNTY OF ►-� Oil thisl'Anday of 1k ` l , IbM , before me personally appeared 1v'V LL —,tome known, who being by me duly sworn, did acknowledge and say that (s)he is the s of Veit & Comps, Inc. , the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. Notary Public 4 KATIE KARNA State of Notary Public -Minnesota County of 1Gsl MY commisalon Etplre„ Jan 31, zoz3 My Commission Expires: 113 t U13 Acknowledgment by Surety STATE OF Colorado COUNTY OF Arapahoe On this 291h day o , 2019 , before me personally appeared Kristin L. Salazar - to me known, who being by me duly sworn, did acknowledge and. say that she is the Attorney -in -Fact of , the corporation that executed the foregoing instrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office in the above County, the day and year written above. Mary E. Hanks , Notary Public State of 06'torido CoUn�Kf Arapahoe My Commission Expires; 01 /09/2021 MARY E HANKS NOTARY PUBLIC STATE OF COLORADO NOTARY ID YD MY COMMISSION E xPJItES JANLJARY 9, 2021 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Kristin L. Salazar , Individually Greenwood Village, of co its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - SuretyBond No.: 30059059 Principal: Veit & Company, Inc. Obligee: City of New Hope and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 27th day of February, 2018. -•, WESTERN SURETY COMPANY Rf " ppy�iR�p� �'•�Tli OAit61w° "aul T. Bruflat, Vice President State of South Dakota County of Minnehaha ss On this 27th day of February, 2018, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR � June 23, 2021 8011TFDAKMA J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of March, 2019. ayery� WESTERN SURETY COMPANY j QQ�vo�vy�°� ��'y,�sEA�' •P irk pP� Form F4280-7-2012 L. Nelson, Assistant Secretary Go to www.cnasurety.com > Owner / Obligee Services > Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): SURETY (Name, and Address of Principal Place of Business): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) k Contractor's Name and Corporate Seal R-A Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal M. Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 1 of 3 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2. 1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.13 Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory 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. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Representative (Engineer or other party) EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.13 Pace 3 of 3 This Page Left Blank Intentionally PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal M. Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal Signature (Attach Power of Attorney) Print Name Title Attest: Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Seal) EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Pace 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to 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 contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which 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 written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to 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 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 6113.16 Paae 2 of 3 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. r ' 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Re resentativc (Err irrcer or other): EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Page 3 of 3 This Page Left Blank Intentionally 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 Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by A AC EC Aaiekicnn COUNCIL OF Lrvcwecninci ConirnhiEs tiL I H III ASCEAmerican Society of Civil Engineers fbNational Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by I ? CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.iispe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.ajc.ore The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology................................................................................................. I 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction.............................................................................................. 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules ........................................ Article 3 — Contract Documents: Intent, Amending, Reuse.................................................................... 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents ............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................ 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities...................................................................................................... 13 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 00 72 05 5.09 Acceptance of Bonds and Insurance; Option to Replace .................................................... 21 5.10 Partial Utilization, Acknowledgment of Property Insurer ......................... .......................... Article 6 - Contractor's Responsibilities............................................................................................... 22 6.01 Supervision and Superintendence...................................................................................... 22 6.02 Labor; Working Hours...................................................................................................... 22 6.03 Services, Materials, and Equipment................................................................................... 23 6.04 Progress Schedule............................................................................................................. 23 6.05 Substitutes and "Or-Equals".............................................................................................. 23 6.06 Concerning Subcontractors, Suppliers, and Others............................................................ 26 6.07 Patent Fees and Royalties.................................................................................................. 27 6.08 Permits...............................................................................................................................28 6.09 Laws and Regulations....................................................................................................... 28 6.10 Taxes................................................................................................................................ 28 6.11 Use of Site and Other Areas.............................................................................................. 28 6.12 Record Documents............................................................................................................ 29 6.13 Safety and Protection........................................................................................................ 29 6.14 Safety Representative........................................................................................................ 30 6.15 Hazard Communication Programs..................................................................................... 31 6.16 Emergencies......................................................................................................................31 6.17 Shop Drawings and Samples............................................................................................. 31 6.18 Continuing the Work......................................................................................................... 33 6.19 Contractor's General Warranty and Guarantee.................................................................. 33 6.20 Indemnification................................................................................................................. 34 6.21 Delegation of Professional Design Services....................................................................... 34 Article7 - Other Work at the Site........................................................................................................ 35 7.01 Related Work at Site., ....................................................................................................... 35 7.02 Coordination...........,..........................................................................................................36 7.03 Legal Relationships............................................................................ 36 Article 8 - Owner's Responsibilities..................................................................................................... 36 8.01 Communications to Contractor.......................................................................................... 36 8.02 Replacement of Engineer................................................................................................... 37 8.03 Furnish Data..................................................................................................................... 37 8.04 Pay When Due.................................................................................................................. 37 8.05 Lands and Easements; Reports and Tests........................................................................... 37 8.06 Insurance.......................................................................................................................... 37 8.07 Change Orders.................................................................................................................. 37 8.08 Inspections, Tests, and Approvals..................................................................................... 37 8.09 Limitations on Owner's Responsibilities............................................................................ 37 8.10 Undisclosed Hazardous Environmental Condition.............................................................. 38 8.11 Evidence of Financial Arrangements.................................................................................. 38 8.12 Compliance with Safety Program....................................................................................... 38 Article 9 - Engineer's Status During Construction................................................................................ 38 9.01 Owner's Representative.................................................................................................... 38 EJCDC C-700 Standai d General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims...............................................................................................................................42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work., ............................................................................................................... 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays...............................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................ 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values........................................................................................................... 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion..... ................................................................................................. 56 14.05 Partial Utilization.............................................................................................................. 57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 11ne iii 00 72 05 14.09 Waiver of Claims............................................................................................................... 59 Article 15 — Suspension of Work and Termination................................................................................ 60 15.01 Owner May Suspend Work............................................................................................... 60 15.02 Owner May Terminate for Cause...................................................................................... _ 60 15.03 Owner May Terminate For Convenience........................................................................... 61 15.04 Contractor May Stop Work or Terminate.......................................................................... 61 Article16 — Dispute Resolution............................................................................................................ 62 16.01 Methods and Procedures................................................................................................... 62 Article17 — Miscellaneous.................................................................................................................... 62 17.01 Giving Notice.................................................................................................................... 62 17.02 Computation of Times....................................................................................................... 63 17.03 Cumulative Remedies........................................................................................................ 63 17.04 Survival of Obligations...................................................................................................... 63 17.05 Controlling Law................................................................................................................ 63 17.06 Headings........................................................................................................................... 63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page iv 00 72 05 ARTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment —The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder —The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements —The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 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 Contract Times, issued on or after the Effective 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 respect 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 integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 62 00 72 05 12. Contract Documents —Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price —The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in 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 dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor —The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work —See Paragraph 11.01 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 defined. 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. Field Order —A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements —Sections of Division 1 of the Specifications. 22. 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. 23. 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. 24. 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 of 62 00 72 05 25. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone —A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award —The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. 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 under the Contract Documents. 29. Owner —The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs —Polychlorinated biphenyls. 31. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule —A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project —The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative —The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. 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. 38. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PBL,e 3 of 62 00 72 05 39. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. 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. 42. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. 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. 44. Substantial Completion —The time at which the Work (or a specified part thereo fl 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. 45. Successful Bidder —The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 47. 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 Subcontractor. 48. 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, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work —Work to be paid for on the basis of unit prices. 50. Work —The entire construction or the various separately identifiable parts thereof required to 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 4 of 62 00 72 05 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive —A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "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 exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the 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 is not intended to and 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 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 5 of 62 72 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. 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 "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that 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 and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. 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. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will 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 or, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 6 of 62 00 72 05 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for 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 Submittals; 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 subdivides 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. 2.06 Preconstruction Conference; Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, 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.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, 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.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 7 of 62 00 72 05 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 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 from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required 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 reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost 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 such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, 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. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: 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 shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. 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. 3. 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 had actual knowledge thereof B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically 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 provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 9 of 62 00 72 05 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: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any 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 adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 10 of 62 00 72 05 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner 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 any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 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 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 11 of 62 00 72 OS 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition 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 materially inaccurate; or 2. is of such a nature as to require a change in 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 materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about 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 promptly 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 copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 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 with respect to Contract Price and Contract 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 72 05 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice 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, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall 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 provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; 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 Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated - I. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before 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 written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 13 of 62 00 72 05 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety 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 reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract 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 Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paac 14 of 62 00 72 05 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 Contractor 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 immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make 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 based 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 in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, 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, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 15 of 62 00 72 05 responsible. Nothing in this Paragraph 4.06.G 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 and Engineer, and the officers, directors, members, partners, employees, agents, 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 4.06.1-1 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, 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 of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, 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 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 or attorney -in -fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney -in -fact signed each bond. C. If the surety on any bond furnished by Contractor 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 promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in 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 provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims 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 acts 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 injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 17 of 62 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. 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 required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, 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, members, partners, employees, agents, 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 contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, 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 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); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 18 of 62 00 72 05 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided 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 protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), 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 architects); 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 loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown 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, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 19 of 62 00 72 05 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this 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 loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, 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 and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 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, or Engineer, and the officers, directors, members, partners, employees, agents, 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 loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement 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. 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 party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 21 of 62 00 72 05 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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 expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor 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. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 1'aLve 22 of 62 00 72 05 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, 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 special warranties and guarantees required 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. C. 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 Documents. 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. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using 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 required. 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 circumstances described below. 1. "Or -Equal " Items: If in Engineer's sole 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 as 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 all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 23 of 62 00 72 05 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, 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: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially 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.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if 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 requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 24 of 62 00 72 05 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether 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 other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 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 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. 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 a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 25 of 62 00720.5 t� Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute 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 not 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 objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. 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 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, 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 Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 00 72 05 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 or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss pp payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the i = Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of 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, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work 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 device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, 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 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 00 72 05 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for 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. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor 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 confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, 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 any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep 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 conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent 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, Specifications, Addenda, Change Orders, Work 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 Engineer 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. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 00 72 05 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. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. 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 Contractor, 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 anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B 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 duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaEe 30 of 62 00 72 05 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work 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 Contractor 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 and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 00 72 05 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review.- 1 . Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of 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 whole 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 procedure of construction is specifically and expressly called for by 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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 32 of 62 00 72 05 each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. 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. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer 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 postponed pending resolution of any disputes or disagreements, except 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 that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. 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, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 33 of 62 00 72 05 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, 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 the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 34 of 62 00 72 05 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor 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, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor 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 such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 35 of 62 00 72 05 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 for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 36 of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 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 Contractor 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 00 72 05 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. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information 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 Contract 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 efforts 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 and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 38 of 62 00 72 05 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 authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the 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 Supplementary Conditions. 9.04 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 or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to 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. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 39 of 62 00 72 05 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities 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 authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 40 of 62 00 72 05 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance 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 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract 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 Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required 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 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 41 of 62 00 72 05 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually 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 decision 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 decision in accordance with the provisions of the Contract 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 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, 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). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment 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). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 42 of 62 00 72 05 C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor 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 reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 00 72 05 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they 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 Contractor and 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 maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities 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, machinery, 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 Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than 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, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 44 of 62 00 72 05 property insurance established in accordance with Paragraph 5.06.1)), provided such losses and damages have resulted from causes other than 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. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining 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, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: I. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, 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 included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l .A.1 or specifically covered by Paragraph 11.0l .A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited 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. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 45 of 62 00 72 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.0LA and 11.01.13, 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 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially 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 times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 46 of 62 00 72 05 D. Owner or Contractor may make a Claim 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 to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. 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 accordance 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 application 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 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.0l .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 (determined as provided in Paragraph 12.0 LC). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1 and 11.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 47 of 62 00 72 05 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b 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 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, 11.01.A.5, and 11.0l.B; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount 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 are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by 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 covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times 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. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03. C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for 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. 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. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 49 of 62 00 72 05 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. 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, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer 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. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the 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. D. If the uncovered 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 both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 50 of 62 00 72 05 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 materials 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 such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part 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 agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, 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 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 correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 51 of 62 00 72 05 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. 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 correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. 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. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions 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 determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for 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, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 52 of 62 00 72 05 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part 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, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow 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 (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) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, 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 to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but 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 because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement 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 documentation 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 53 of 62 00 72 05 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications: I. 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 of the executed Work as an experienced and qualified design professional, 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 belie£ a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or 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 assigned to Engineer in the Contract Documents; or b. 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 withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 00 72 05 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. 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 replacement; b. the Contract Price has been reduced by 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 Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.1)) 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 furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 55 of 62 00 72 05 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 occurrence 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 will 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 agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination 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.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time 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 notify 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. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative 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 seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 56 of 62 00 72 05 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities 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 otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy 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, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 57 of 62 00 72 05 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment: 1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, 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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, 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. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 58 of 62 00 72 05 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. 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 Contractor 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 documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for 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 Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of 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 made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paze 59 of 62 00 72 05 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 Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following 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 sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. 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); 2. 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 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. 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, inco_rporatcd in a Change Order. When exercising any rights or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 60 of 62 00 72 05 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. 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. 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. 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 61 of 62 00 72 05 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. 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: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 ru0 72 05 1. 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 2. 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. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pale 63 of 62 00 72 05. This Page Left Blank Intentionally SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 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. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY SC-1.01.A.44 Add the following language at the end of the definition of Substantial Completion: The Phase 1 milestone is considered complete when all work as identified within the Drawings as Phase 1 area is complete, including removals, demolition, abandonments, and temporary seeding. The Phase 2 milestone is considered complete when all work as identified within the Drawings as Phase 2 area is complete, including removals, demolition, abandonments, and temporary seeding. SC-1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when all the Work has been completed. SC-1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC-2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Add the following new paragraphs immediately after Paragraph 4.02.B- C. The following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner: © 2019 Stantec 1 193804336 SUPPLEMENTARY CONDITIONS 00 73 05 - 1 1. Report prepared by American Engineering Testing, Inc., St. Paul, MN, dated June 22, 2016, entitled: "Report of Geotechnical Exploration and Review, Municipal Facility, New Hope, Minnesota". 2. Report dated November 13, 2018, prepared by American Engineering Testing, Inc., St. Paul, MN, entitled "Report of Geotechnical Exploration: Swimming Pool Construction, Municipal Complex, New Hope, Minnesota. 3. Drawings dated 10-14-68, prepared by James B. Horne Architect, entitled "New Hope Village Hall". 4. Drawings dated 10-19-68, prepared by Olson, Emanuelson and March Consulting Engineers, entitled "New Hope Village Hall". 5. Drawings dated 6-25-84, prepared by Bernard Herman Architects, Inc., entitled "New Hope City Hall". 6. Drawings dated 2-22-90, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "Community Center Parking Lot Improvements, Utility Improvements". 7. Drawings dated 6-15-92, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "City of New Hope, City Hall Remodeling, Main Entrance, Garage Addition and Police Entry, City Project 489". 8. Drawings dated 7-15-94, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "City of New Hope, City Hall Interior Renovation, Police, Fire and Safety, Finance/Administration, City Project 502". 9. Drawings dated 3-27-95, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "City of New Hope, Little Acre Park and Holiday Park, Building Renovation, City Project 5537". 10. Drawings dated 3-1-99, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "City of New Hope, Court Improvements, Civic Center Park - Revised, City Project 629". 11. Drawings dated 8-15-2000, prepared by Bonestroo, Rosene, Anderlik and Associates, Inc., entitled "City of New Hope, Civic Center Park, Theatre Concrete Construction, City Project 693". 12. Drawings dated 12-18-07, prepared by Bonestroo, entitled "City of New Hope, Civic Center Skate Park, City Project 819". 13. Drawings dated 7-23-12, prepared by Stantec, entitled "City of New Hope, Civic Center Park Community Play Area, Playground and Site Improvements, City Project 900". 14. Drawings dated 4-2-15, prepared by Stantec, entitled "New Hope, MN, Xylon Ave N. & 45th Ave N. Infrastructure Improvements, Sanitary Sewer and Watermain Plan & Profile - Xylon Avenue N, City Project 944". SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 2 D. The reports and drawings identified above are not part of the Contract Documents, but the "technical data" contained therein upon which Contractor may rely, as expressly identified and established above, are incorporated in the Contract Documents by reference. Contractor is not entitled to rely upon any other information and data known to or identified by Owner or Engineer. SC-4.06 Add the following subparagraphs 4.06.A.1 and 4.06.A.2: 1. The following reports regarding Hazardous Environmental Conditions at the Site are known to Owner: a. Report dated December 6, 2018, prepared by American Engineering testing, Inc., St. Paul, MN, entitled Asbestos and Regulated Waste Inspections Report: City Hall, 4401 Xylon Avenue North, New Hope, MN 55418. All the information in such report constitutes "technical data" on which Contractor may rely. 2. There are no known drawings regarding Hazardous Environmental Conditions at the Site. ARTICLE 5 - BONDS AND INSURANCE SC-5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 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 and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 3 SC-5.06.A SC-5.06.A 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.13.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner. b. Engineer. Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A.1 through 5.06.A.7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. Add the following new item immediately after Item 5.06.A.7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06.0 of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC-6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1 /2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 4 Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC-6.19.A Delete the words "representation of" in the second sentence. ARTICLE 7 - OTHER WORK AT THE SITE SC-7.02.0 Add the following new paragraph immediately after Paragraph 7.02.13: 1. There will be five (5) active projects at Civic Center Park during the Existing City Hall Demolition Project. They are generally described as follows: a. New Hope Police Department and City Hall by Wold Architects. Construction of a new Police Department and City Hall Building. Anticipated completion date is May 31, 2019. b. New Hope Outdoor Pool by Stantec. Construction of a new outdoor pool, including a concession building, mechanical building, 50-meter lap pool, recreation pool, water service and sanitary sewer service, and mechanical building access drive. c. New Hope Outdoor Theater by Stantec. Construction of a new outdoor theater. d. Park Amenities, Parking Lot and Landscaping by Stantec. Construction of a new parking lot for the new Police Department and City Hall Building, Outdoor Pool parking, water main, storm sewer, park amenities and landscaping. e. New Hope Skatepark by Stantec. Construction of a new skatepark. B. Each of the contractors for the projects described in SC-7.02.C.1 will coordinate work with the other projects through the Engineer. SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 5 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR") to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owner's on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Mndificntinns: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 6 b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. © 2019 Stantec 1 193804336 SUPPLEMENTARY CONDITIONS 007305-7 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC-10.053 Amend the first sentence of Paragraph 10.053 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the words "60 days" with the words "30 days." SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 8 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.03 Delete paragraph 1 1.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC-12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.0l .C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC- 13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.135 Add the following new item immediately after Item 14.02.135d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC-16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC-16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC-16.01.A and 16.01.13, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect SUPPLEMENTARY CONDITIONS 0 2019 Stantec 1 193804336 00 73 05 - 9 subject to the conditions and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or consent to arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30-day period specified in Paragraph SC-16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event, shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statute of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (includ- ing Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2019 Stantec 1 193804336 00 73 05 - 10 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: Existing City Hall Demolition for the City of New Hope, Minnesota, City Project No. 941, 994. B. Description of Work: Work consists of a demotion and removal of existing City Hall building and amphitheater, concrete pads and sidewalks, bituminous paving, and underground utilities. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed within the project area construction limits and right of way. 2. Contractor responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing side streets, driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. 5. No parking is allowed on Xylon Avenue North and Zealand Avenue North. Contractor may use four parking stalls in the city hall parking lot during construction. SUMMARY © 2019 Stantec 1 193804336 01 10 00 - 1 Access to Site 1. Working Hours: The Contractor shall work only between 7 A.M. and 8 P.M., Monday through Friday, and between 9 A.M. and 6 P.M. on Saturday, unless given written permission by the City to perform work outside of these hours. 2. Haul routes may not include residential/neighborhood streets. Only Xylon Avenue North and 45'h Avenue North may be used to access the site. 1.07 OTHER WORK AT SITE A. Adjacent work will occur at Civic Center Park including: l . Construction of a new City Hall building. 2. Construction of a swimming pool. 3. Construction of an outdoor theater. 4. Construction of new parking lots, utilities, landscaping, and site features. 5. Construction of a skatepark. B. Allow access and coordinate with adjacent project as necessary and as shown in the Drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2019 Stantec 1 193804336 01 10 00 - 2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 COMPENSATION FOR INCREASE OR DECREASE IN QUANTITIES A. The Contractor's Bid Unit Prices as shown on the Bid Form shall apply to all Bid Items independent of any quantity change. 1.05 ADDITIONS OR DELETION OF ITEMS A. The City reserves the right to delete any Bid Item or complete sections of work from the Contract without additional compensation to the Contractor. 1.06 PAYMENT PROCEDURES A. Engineer will provide initial Application for Payment Form at the Preconstruction Conference. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 01 33 00. © 2019 Stantec 1 193804336 PRICE AND PAYMENT PROCEDURES 01 20 00 - 1 PART 2 PRODUCTS Not Used, PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2019 Stantec 1 193804336 01 20 00 - 2 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. 5. Gas: CenterPoint Energy. 6. Telephone/Cable/Fiber: Comcast, Spring, CenturyLink, Access Communications, Arvig, Rogers Communications, AT&T, Zayo, Others. C. Contractor to coordinate location and pavement removal around gas vaults with CenterPoint Energy. D. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. B. Apply for, obtain, and comply with the provisions of the following permits: 1. MPCA Stormwater Discharges Associated with Construction Activities NPDES General Permit. a. Owner will provide Contractor with necessary information required for application upon request. b. Contractor will pay permit application fee. PROJECT MANAGEMENT AND COORDINATION © 2019 Stantec 1 193804336 01 31 00 - 1 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. B. Engineer will furnish a Resident Project Representative consistent with Paragraph 9.03 of the Supplementary Conditions. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near -term construction activities. 1.07 SPECIAL PROCEDURES A. Resident and business notification of Work directly affecting their property is required for all situations. The Owner and Project Inspector will provide notices to residents. However, it is the responsibility of the Contractor to ensure that all those affected are aware of issues such as access restrictions or disrupted supply. PART 2 PRODUCTS NOT USED. PART 3 EXECUTION NOT USED. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2019 Stantec 1 193804336 01 31 00 - 2 SECTION 01 33 00 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. Prepare schedules on 11 by 17 inch sheets showing overall sequence of construction. Organize the schedule by work activity. Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. © 2019 Stantec 1 193804336 SUBMITTAL PROCEDURES 01 33 00 - 1 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 by 11 inch paper outlining 24-hour on -call contacts for the Project. This list shall include the Contractor's safety representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 copies or 1 pdf file of shop drawings, plus the quantity of copies the Contractor wants returned. Each copy shall contain the following information: 1. Date of submission and date of any previous submittals. 2. Project Title. 3. Names of: Contractor, subcontractor, supplier, and manufacturer. 4. Identification of product and Specification Section number. 5. Iden-tification of revisions from previous submittals. 6. A 4-inch by 4-inch blank space for the Engineer's stamp. D. Engineer's review will be in conformance with the requirements of the General Conditions, except as modified herein. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Reviewed" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Reviewed as Noted" - Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" - Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in the General Conditions. F. Engineer will return reviewed submittals to Contractor by U.S. Postal Service general delivery. If Contractor wants Engineer to expedite return delivery, Contractor shall notify Engineer in writing and reimburse Owner for delivery plus 15-percent mark-up. SUBMITTAL PROCEDURES © 2019 Stantec 1 193804336 01 33 00 - 2 3.04 TEST REPORTS A. Submit 3 copies or 1 pdf file of all inspections, tests, and approvals required in the Specification. 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2019 Stantec 1 193804336 01 33 00 - 3 This Page Left Blank Intentionally SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, and facilitate tests and inspections for storing and curing of test samples. QUALITY REQUIREMENTS © 2019 Stantec 1 193804336 01 40 00 - 1 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2019 Stantec 1 193804336 01 40 00 - 2 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 2. No Bid Item has been provided for Temporary Fence. Any temporary construction fence required for safety will be considered incidental to the Project with all costs included in the Base Bid. 3. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage based on the following: Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original contract amount earned - 25 70 Percent of original contract amount earned - 50 90 Percent of original contract amount earned - 100 100 TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804336 01 50 00 - 1 4. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MNMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts - Latest edition. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 01 33 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804336 01 50 00 - 2 Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities l . Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self-contained toilet units, or water and sewer connected temporary toilet facilities, consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.04 TEMPORARY CONSTRUCTION A. By Pass Pumping 1. All sanitary flows shall be pumped around areas with no spillage allowed. 2. Any spill needs to be reported as required by law. Pumping and Dewatering 1. Provide draining, pumping, dewatering, and cleaning operations necessary to complete the Work. 2. Provide all necessary pumping to remove all surface water and groundwater from structures as required for the Work. Provide erosion control measures for discharge of water. 3. Protect Site and adjacent property to avoid damage. 3.05 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MNMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804336 01 50 00 - 3 Engineer may accept, reject, or suggest alternatives to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. b. Minimum through -lane lane widths of 10-feet will be maintained at all times. c. 2-way traffic (1 lane in each direction) will be maintained at all times. d. The Contractor may request changes to the Construction Staging Plan at any time. No change or deviation will be permitted without approval of the Engineer. e. Provide access for emergency vehicles and busses to all residences and schools at all times. f. The Contractor will re-establish access to all driveways at the end of each day. g. For all traffic lane switches, interim pavement markings shall be installed in accordance with Chapter 8 of the Traffic Engineering Manual. There will be no direct compensation for interim pavement markings. h. The Contractor shall furnish, install, and maintain "ROAD WORK AHEAD" and "END ROAD WORK" signs in advance of and beyond each end of the construction limits. The Contractor shall also furnish, install, and maintain "ROAD WORK AHEAD" signs in advance of the construction limits on all intersecting roads and streets. i. The staging shall be undertaken to provide street access and local access to adjacent properties as directed by the Engineer. The Engineer may modify the requirements for traffic control as deemed necessary due to field conditions. i. Contractor shall remove traffic control devices at the conclusion of the Work. C. Vehicle Warning Light l . All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15-feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360-Degree Rotating Lights - SAE Specification J845. b. Flashing Lights - SAE Specification J595. c. Flashing Strobe Lights -SAE Specification J 1318. D. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in -place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. E. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use TEMPORARY FACILITIES AND CONTROLS © 2019 Stantec 1 193804336 01 50 00 - 4 and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 2. The Contractor shall complete the checklist attached to the end of this Section, each day of each week that traffic control devices for any overnight lane closure or detour are being used on the Project. The completed checklist shall be submitted each working day to the Engineer or the Engineer's designated representative at some mutually agreeable time. 3. The Contractor shall furnish qualified flagpersons to adequately control traffic when needed or as directed by the Engineer. Qualified flagpersons shall comply with the requirements set forth in the Flagging Handbook Section of the Field Manual. Flagpersons are required to protect construction vehicles during unloading of construction materials. 4. Furnish names, addresses, and phone numbers of at least 3 individuals responsible for the placement and maintenance of traffic control devices. At least 1 of these individuals shall be "on call" 24 hours per day, 7 days per week during the time any traffic control devices furnished and installed by the Contractor are in place. 5. Respond to any request from the Engineer to improve or correct the usage of traffic control devices on or related to this Project within 1 hour of the time of notification. 6. Keep all traffic control signs and devices in a legible condition. This shall include but not be limited to removing grime and dust deposited on any device by traffic, natural causes, or when requested by Engineer. 7. The Contractor shall store at least 10 extra Type 1 barricades with flashers, 5 extra Type III barricades, and 10 extra drums, at a convenient location within the Project limits for use in an emergency, as approved by the Engineer. No direct compensation will be made to the Contractor for furnishing and erecting these traffic control devices. Failure to Complete The Work On Time 1. The Contractor will be subject to an hourly charge for failure to maintain the traffic control devices. Non-compliance charges, for each incident, will be assessed at a rate of $250 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 2. The Contractor will be subject to an hourly charge for failure to remove temporary lane restrictions within the permitted hours, unless authorized by the Engineer. Non- compliance charges, for each incident, will be assessed at a rate of $500 per hour for each hour or any portion thereof with which the Engineer determines that the Contractor has not complied. 3.06 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Fence 1. Maintain and repair fence throughout the duration of the Project. 2. Provide Owner and Engineer with keys or combinations to any locks that maybe used to secure fencing gates. © 2019 Stantec 1 193804336 TEMPORARY FACILITIES AND CONTROLS 01 5000-5 3.07 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS OO 2019 Stantec 1 193804336 01 50 00 - 6 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? I . Are any devices missing? ❑ Yes ❑ NO Do any devices need repair? ❑ Yes ❑ No Were all replaced or repaired? ❑ Yes ❑ No 2. Are any lights (flashers, etc.) not functioning? ❑ Yes ❑ No Were they all replaced or repaired ❑ Yes ❑ NO 3. Are any devices improperly placed? ❑ Yes ❑ No Were all positions corrected? ❑ Yes ❑ No 4. Do any devices need cleaning? ❑ Yes ❑ No Where all devices cleaned? ❑ Yes ❑ No ADDITIONAL COMMENTS: The above check was completed by on: (date) at: (time) (name / title) ❑AM ❑PM This Page Left Blank Intentionally SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80-percent partial payment will be made upon installation and 20- percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Storm Drain Inlet Protection, Street: Measurement will be by each. c. Storm Drain Inlet Protection, Non -Street: Measurement will be by each. d. Temporary Construction Entrance: Measurement will be by each. e. Temporary Mulch and Seed: Measurement will be by the SY. f. Bioroll: Payment will be by type. Measurement will be by the linear foot. g. Sediment Trap: Shall be considered incidental to the Project. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2130 - Application of Water for Dust Control. 2. 2573 - Storm Water Management. 3. 2575 - Establishing Turf and Controlling Erosion. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 01 31 00 1. NPDES permit inspection log resulting from weekly Site inspections. 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 1 Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2C and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2D a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. The owner and operator must submit a complete and accurate on-line application with the appropriate fee to the MPCA for each project that disturbs one (1) or more acres of land or for a common plan of development or sale that will ultimately disturb one (1) or more acres. [Minn. R. 7090]. B. For projects or common plans of development or sale that disturb less than 50 acres or do not discharge stormwater within 1 mile (aerial radius measurement) of a special or impaired water, permittees do not need to submit the SWPPP with the application. Permit coverage for these projects is effective upon application and completing the payment process. [Minn. R. 7090]. C. At Project's Final Completion date, the contractor shall submit a Subdivision Registration Form to transfer portions of the site to different contractors. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction, rip rap placement, and permanent seeding, are directly incorporated into the supplement permanent erosion and sediment control BMPs with temporary BMPs. Place temporary BMPs when permanent erosion control cannot be achieved. Coordinate construction operations so that erosion and sediment control measures (permanent or temporary) are installed and maintained concurrently with the rest of the Work of the Project. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 2 C. Coordinate and schedule the Work of subcontractors such that erosion and sediment control measures are fully executed for each operation and in a timely manner over the duration of the Project. Develop a chain of responsibility for all subcontractors and operators on the Project to ensure that permit provisions are adhered to. D. Infiltration areas and constructed infiltration systems should not be constructed until the contributing drainage area and/or adjacent construction has been completely stabilized. When this timing of construction is not possible, the Contractor shall insure sediment from exposed soil areas of the Project does not enter into the infiltration area or system. E. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. F. Prior to Project shutdown for the winter or other periods of a week or more, the Site shall be adequately protected from erosion and off Site damage by covering exposed soils with mulch and establishing perimeter controls. G. If the Contractor fails to install erosion or sediment measures, the Engineer may withhold payment from related work until the control measures are undertaken by the Contractor. 1. When the Contractor fails to conduct the quality control program or fails to take action ordered by the Engineer to remedy erosion or sediment control problems, the Engineer shall issue a Written Order to the Contractor. 2. The Contractor shall respond within 24 hours with sufficient personnel, equipment, materials, and conduct the required Work or be subject to a $2,000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: CONFORM TO MNDOT SPEC. 3886. A. Machine sliced (MS). 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following:2 inches minimum washed rock. 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 TEMPORARY MULCH AND SEED A. Conform to MnDOT Spec. 2575. B. Mulch 1. MnDOT Spec 3882 Type 4 C. Seed 1. MnDOT Seed Mix 21-1 1 1 TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 3 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. Category 0, Type 1S. 2.05 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. c. Filter bag insert conforming to MnDOT Spec. 2573 subject to Site and approved by the Engineer. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock logs) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 2573: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.net/) . 4. Rock filter as shown on the Drawings. 2.06 SEDIMENT CONTROL LOGS: CONFORM TO MNDOT SPEC. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.07 DUST CONTROL A. Water clear and free from suspended fine sediment. B. The Owner may elect to have the Contractor apply a chloride solution for dust control. 1. Calcium Chloride: Conform to MnDOT Spec. 3911. 2. Magnesium Chloride Solution: Conform to MnDOT Spec. 3912. 2.08 TEMPORARY SEED A. Conform to Section 32 92 00, B. General - Sizing, configuration, capacity, and selection of dewatering sediment capture techniques shall be based on Site and flow conditions. The Contractor shall submit the means and methods for review by the Engineer. Sizing of the sediment capture systems will have to be adjusted such that the ultimate discharge water is not visibly different from the receiving water. © 2019 Stantec 1 193804336 TEMPORARY EROSION AND SEDIMENT CONTROL 01 5713-4 PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed. 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (I0-feetminimum distance) along watercourses. 3.02 INSTALLATION A. General: Install temporary stormwater management and sediment control devices in conformance with the details, typical sections, and elevations shown on the Drawings. B. The location of temporary stormwater and sediment control devices may be adjusted from that shown on the Drawings to accommodate actual field conditions and increase the effectiveness of the installation. C. Silt Fence: Conform to MnDOT Spec. 2573.33 l . Install in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J-hook patterns to a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1 /4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 5 Hydraulic Erosion Control Products 1. Apply in conformance with MnDOT Spec. 2575.3.E. 2. Raking or harrowing of soil/seed and slope (cat) tracking shall be done before installation of hydromulch. 3. Apply hydromulch in at least 2 opposing directions so that a shadowing effect leaving the back side of a soil clod unprotected is minimized. 4. Type Hydraulic Mulch a. Application Rate for Slopes greater than 1:4: 2,800 Ibs per acre. 2 applications may be necessary. All other slopes apply at a rate of 2,100 Ibs per acre. Erosion Control Blanket l . Install immediately following seeding in accordance with MnDOT Spec. 2575.3.G, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re -seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one-time proper installation is acceptable. G. Storm Drain Inlet Protection 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. H. Rapid Stabilization 1. Work to be performed under non-schedulable situations requiring rapid stabilization of small critical areas within 200 feet of surface waters to comply with permit requirements. 2. Methods per MnDOT Spec. 2575.3.M with Seed Mix 21-112 or 21-1 11. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M and as follows: l . Inspect, maintain, and repair any washouts or accumulations of sediment that occur as a result of the grading or construction. Restoration consists of grade repair, turf re- establishment, and street sweeping of mud and debris tracked from the Site. 2. Inspection of all erosion and sediment control items will take place immediately after each runoff event and at least daily during prolonged rainfall. Any required repairs shall be made immediately. 3. The Contractor shall maintain the temporary sediment control devices until they are no longer necessary and are removed: a. Maintenance consists of keeping the devices functioning properly. b. The Contractor shall repair or replace plugged, torn, displaced, damaged, or non- functioning devices. 4. Upon final acceptance of the Project and establishment of permanent erosion control measures, the Contractor shall remove all temporary erosion control measures. 5. Temporary mulching and temporary seeding/mulching are very effective at controlling erosion. However, these are considered temporary measures. These measures may need to be re-established several times throughout the duration of the Work. TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 6 B. Maintenance: Conform to MnDOT Spec. 2573.3.K 1. If an erosion control device has been reduced in capacity by 30-percent or more, the Contractor shall restore such features to their original condition. C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2019 Stantec 1 193804336 01 57 13 - 7 This Page Left Blank Intentionally SECTION 01 70 00 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper With Pickup Broom. Measurement will be by the units of hours that sweeper is operating to remove sediment and other deposits from adjacent streets. Street sweeping shall only be at the direction of the Engineer on Site. No payment shall be made for street sweeping required due to lack of sediment and erosion control of the site. a. Contractor should anticipate multiple mobilizations to perform this work. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Spare Parts, Operation and Maintenance Manuals, instructions, schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC-134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804336 01 70 00 - 1 C. Inspect each product immediately prior to installation. Remove damaged products from Site. 3.02 GENERAL INSTALLATION REQUIREMENTS A. Comply with the manufacturer's instructions for installation of manufactured products to the extent that these instructions are applicable and more explicit or more stringent than requirements indicated in the Contract Documents. B. Secure Work true to line and level, within recognized industry tolerances. C. Install each element of work during weather conditions and Project status to ensure coordination of the Work. Isolate each element of work from incompatible work as necessary to prevent deterioration. D. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12-hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. EXECUTION REQUIREMENTS © 2018 Stantec 1 193804336 01 70 00 - 2 E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC-134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, 600 North Robert Street, St. Paul, MN 55101 or by calling 651-282-9999 or 1-800-657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withhoIdinq.tgx@state.mn.us. END OF SECTION EXECUTION REQUIREMENTS © 2018 Stantec 1 193804336 01 70 00 - 3 This Page Left Blank Intentionally SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Sawing Concrete Pavement: Incidental to concrete pavement removal. b. Sawing Bituminous Pavement: Incidental to bituminous pavement removal. c. Remove Bituminous Pavement: Per square yard without regard to thickness, including integral bituminous curb. This Bid Item includes the removal of the material from the Site or option to mill and or reclaim material and leave on Site. d. Remove Concrete Sidewalk or Slabs Per square foot without regard to thickness. e. Remove Concrete Curb and Gutter: Per lineal foot without regard to type. f. Remove Catch Basin or Manhole: Per each. g. Remove Retaining Wall: Per square yard, measured to existing ground level. h. Remove Pipe: Per lineal foot of the type specified without regard to material or size, measured from center of junction fittings, catch basins, or manholes, and will include the length of any aprons. Cost includes bulkheading opening at storm sewer structures. Cost includes installing plug at the end of sanitary sewer pipe or water main pipe. i. Remove Fence: Per lineal foot of the type specified without regard to fence height. j. Remove Flag Pole and Foundation: Per each. k. Remove Monument Sign and Foundation: Per each. I. Remove Lighting: Lump sum. m. Remove Amphitheater Seats: Per each. n. Remove Ballfield Seats: Per each. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2104 - Removing Pavement and Miscellaneous Structures. © 2019 Stantec 1 193804336 SELECTIVE SITE DEMOLITION 0241 13 - 1 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re -assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. PART 2 PRODUCTS 2.01 MATERIALS A. Reclaim material: Conform to MnDOT Spec. 3138, Class 5 aggregate. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. SELECTIVE SITE DEMOLITION © 2019 Stantec 1 193804336 0241 13 - 2 D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Strip off existing topsoil from within the removal areas and stockpile. Separate vegetative strippings from salvageable topsoil and dispose of appropriately. F. Dewatering excavations shall be incidental to the project. 3.02 EXAMINATION A. Meet with owners of signs to determine requirements for salvage, storage, and replacement. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Avoid disturbance to any material beyond the limits required for new construction. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line to a depth of 1 /3 of the thickness of the concrete prior to breaking off the pavement. B. Bituminous Pavement: Saw along the removal line to a minimum depth of 3 inches prior to breaking off the pavement. 3.05 REMOVE CURB AND GUTTER A. Saw cut at removal limits. SELECTIVE SITE DEMOLITION © 2019 Stantec 1 193804336 0241 13 - 3 3.06 REMOVE CONCRETE PAVEMENT A. Work includes sidewalks, pedestrian ramps, medians, slabs, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. 3.07 REMOVE BITUMINOUS PAVEMENT A. Work includes pathways and driveways. B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Remove bituminous in such a manner that the remaining surfacing is not damaged. D. Prior to restoring trench areas, the edges of the trench shall be trimmed back to a vertical face on a straight line which is parallel with the centerline of the trench. E. Pavement may be either removed off Site or milled/reclaimed material and left on Site. 3.08 REMOVE MANHOLES AND CATCHBASINS A. Remove structure in its entirety. 3.09 REMOVE SECTIONS OF EXISTING PIPE A. Pipes to be abandoned shall be bulkheaded with brick, non -shrink concrete grout, or concrete block masonry 8 inches thick at the upstream ends, at the downstream ends that connect to catch basins, manholes, and at locations as determined by the Engineer. B. Pipe to be abandoned shall be shown on the Drawings and filled with suitable material as noted on the Drawings. 3.10 BACKFILLING TRENCHES AND HOLES A. Backfill Material 1. Suitable materials selected from the excavated materials to the extent available and practical. 2. Suitable materials are mineral soils free of rubbish, trees, stumps, branches, debris, frozen soil, oversize stone, concrete and bituminous chunks, and other similar unsuitable material. Compact each layer by mechanical means until it meets the requirements of MnDOT Spec. 2105.31`1 "Specified Density Method." Trenches shall be compacted to a minimum of 95 percent. If the moisture content of the backfill materials is greater than 3 percent above the optimum moisture, compact the materials to a minimum density of 3 pounds/cubic foot less than the Standard Proctor Curve at that moisture content, except that minimum compaction shall be 85 Percent of Standard Proctor Density. SELECTIVE SITE DEMOLITION © 2019 Stantec 1193804336 0241 13 - 4 C. The method and means of placement and type of compaction equipment used is at the discretion of the Contractor. However, all portions of the trench backfill must meet minimum specified compaction requirements. 3.11 REMOVE RETAINING WALL A. Avoid damage to sections of wall to remain. B. Dispose of materials off Site at a predetermined location. C. Remove wall in its entirety, including footings and tiebacks. 3.12 REMOVE FENCE A. Remove fence fabric, posts, ties, braces, and footings. 3.13 REMOVE LIGHTING A. Remove all light poles, fixtures, foundations and wiring back to source. If wiring is in a conduit, the wiring can be pulled out and conduit abandoned in place. B. This includes all site lighting and lighting for signs and flag poles. 3.14 SALVAGE AND REINSTALL A. Salvage operations conform to MnDOT section 2104.3.13. Signs l . In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response System. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in -place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. C. Amphitheater Seats 1. Deliver salvaged seats to New Hope Public Works garage. 3.15 FIELD QUALITY CONTROL A. Salvaged items to be reinstalled shall be of the same shape, dimension, location, and quality of the original item prior to construction. B. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.16 DISPOSING OF MATERIAL A. Conform to MnDOT section 2104.3.D. © 2019 Stantec 1 193804336 SELECTIVE SITE DEMOLITION 0241 13-5 B. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2019 Stantec 1 193804336 0241 13 - 6 SECTION 02 41 16 STRUCTURE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Demolish, remove, and dispose or salvage designated buildings and structures, including stairs, ramps, floor slabs, aprons, foundation walls and footings, and other structure components, appurtenances and contents associated with that structure, within the construction limits, unless noted otherwise. B. Related Sections 1. Section 02 41 13 - Selective Site Demolition. 2. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Existing City Hall Building Demolition. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the demolition in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. Includes removal of all buildings onsite as identified on the Drawings along with footings, stairs, ramps, floor slabs, aprons, foundation walls, and all other structure components, appurtenances and contents associated with that structure within the construction limits as identified on the Drawings. This Bid Item also includes all other items adjacent and connecting to the building such as fencing, concrete bollards, steps, posts, landscaping, bushes, etc. 2. A Bid Item has been provided for Existing Amphitheater Building Demolition. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the demolition in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. Includes removal of all buildings onsite as identified on the Drawings along with footings, stairs, ramps, floor slabs, aprons, foundation walls, and all other structure components, appurtenances and contents associated with that structure within the construction limits as identified on the Drawings. This Bid Item also includes all other items adjacent and connecting to the building such as fencing, concrete bollards, steps, posts, landscaping, bushes, etc. 3. A Bid Item has been provided for Existing Picnic Shelter Building Demolition. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the demolition in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. Includes removal of all buildings onsite as identified on the Drawings along with footings, stairs, ramps, floor slabs, aprons, foundation walls, sewer grinder pumps and piping, and all other structure components, appurtenances and contents associated with that structure within the construction limits as identified on the Drawings. This Bid Item also includes all other items adjacent and connecting to the building such as fencing, concrete bollards, steps, posts, landscaping, bushes, etc. STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 1 4. A Bid Item has been provided for Hazardous Material Abatement. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the abatement in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.). 1. 2103 - Building Removal. 2. 2104 - Removing Pavement and Miscellaneous Structures. B. Minnesota State Rules, Chapter 7001: Permits and Certifications- General Requirements. C. Minnesota State Rules, Chapter 7035: Solid Waste. D. Minnesota State Rules, Chapter 7045: Hazardous Waste Rules. E. Minnesota Department of Transportation: Motor Carrier Regulations. F. Federal Department of Transportation: 49 CFR - Hazardous Materials Regulations. G. Environmental Protection Agency: 40 CFR - Solid Wastes. 1.04 DEFINITIONS A. Beneficial Use of Solid Waste: Beneficial use of Solid Waste refers to the applicability, standards, and determinations under Minnesota Rules, Part 7035.2860, Subparts 1 to 10. Solid waste includes demolition materials, substrates, debris, waste, and other materials. Contaminated: Contaminated or contamination means demolition materials, substrates, debris, waste, and other materials containing a chemical or petroleum -based substance of any level or concentration. In some cases, the level or concentration of contaminants may render the demolition materials, substrates, debris, waste, and other materials a hazardous waste as defined in Minnesota Rules, Chapter 7045. Examples of contamination include demolition materials or substrates containing paints, oils, greases, transformer and hydraulic fluids, leaking and broken fluorescent light ballasts or light tubes, etc. Contamination may be by a single substance or multiple substances. C. Disposal: For the purposes of this Specification, disposal means to deposit or place demolition materials, substrates, debris, waste, and other materials for permanent disposition with an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal at a Permit -by -Rule landfill will not be allowed. Disposal DOES NOT include stockpiling, short-term, or long-term temporary storage of said materials for reuse, recycling, reclamation, or storage for speculative markets. Disposal does not include elimination or disposition of said materials via reuse, recycling, or reclamation at any time, unless specified in this document. STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 2 D. Removal: To take away, transport, eliminate, or remove from the Site by the Contractor, and to appropriately dispose of demolition material, substrates, debris, waste, and other materials according to Minnesota Rules, Chapters 7001, 7035, and 7045. E. Salvage: To dismantle, disassemble, or remove carefully and without damage so the item or materials can be re -assemble, replaced, or reused in a workable condition equal to that existing before removal. This includes items that may be used by Contractor or sold to another party. In this Specification, salvage shall also include the terms: reuse, recycling, and reclamation. Transportation of demolition materials, substrates, debris, waste, and other materials: Refers to the off Site transportation of any said materials. Transportation of said materials shall conform and comply with Minnesota Department of Transportation: Motor Carrier Regulations and other applicable rules and regulations. G. Good Standing With the State: To not have any significant current enforcement actions being taken against the facility by the MPCA. H. State: Refers to the Sate of Minnesota. I. Owner: Refers to City of New Hope, Minnesota. 1.05 REGULATORY REQUIREMENTS A. Building demolition and waste storage, both contaminated and uncontaminated, shall be conducted in accordance with applicable federal, state, and local ordinances, rules, and regulations. Definitions in Article 1.04 apply to this Section and all Sections of this document: 1. Disposal operations shall be conducted in accordance with Minnesota Rules, Chapters 7001, 7035, and 7045. 2. Any demolition material, substrates, debris, waste, or other materials determined to be or characterized as a hazardous waste according to Minnesota Rules, Chapter 7045 shall be disposed at an EPA licensed -permitted facility in good standing with the State. 3. All stockpiled demolition materials, substrates, debris, waste, or other materials shall be stored, handled, and managed according to Minnesota Rules, Chapters 7001, 7035, and 7045 to prevent environmental contamination. B. The Minnesota Pollution Control Agency (MPCA) has rules relating to beneficial use of solid waste. These rules are contained in Minnesota Rules, Chapters 7001 and 7035. Beneficial use of solid waste meeting applicability, standards, and determinations under part Minnesota Rules, Part 7035.2860, Subparts 1 to 10 will be allowed grovicfed that the demolition materials substrates debris waste, and other materials are not contaminate with any level or gpncentration of cheYmical or petroleum -biased substances regardless if they are considered or found to be non -hazardous waste under Minnesota Rules Chapters 7035 and 7045. Beneficial use of solid waste not meeting applicability, standards, and determinations under Minnesota Rules, Part 7035.2860, Subparts 1 to 10 will not be allowed under any circumstance. C. Transportation of demolition material, substrates, debris, waste, or other materials off Site shall conform and comply with Minnesota Department of Transportation: Motor Carrier Regulations. Further transportation of any demolition material, substrates, debris, waste, or other materials off Site meeting the definition of a hazardous waste shall be conducted in STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 3 accordance with federal and state Department of Transportation Hazardous Materials Rules and Regulations, EPA 40 CFR, and Minnesota Rules, Chapter 7045. D. Specific Project requirements shall include but not be limited to the following: 1. Contaminated demolition materials, substrates, debris, waste, or other materials meeting the definition of a hazardous waste as defined in Minnesota Rules, Chapter 7045 shall be managed according to this Section. 2. Contaminated demolition materials, substrates, debris, waste, or other materials containing any level or concentration of chemical or petroleum -based substances, regardless if they meet the definition of "beneficial use," shall NOT BE reused, recycled, or reclaimed in any manner either on or off Site. Said demolition materials, substrates, debris, waste, or other materials shall be disposed at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal at a Permit -By -Rule landfill will not be allowed. Disposal of said materials and substrates shall be in accordance with this Section. 3. Any uncontaminated, recognizable concrete, concrete products, or brick may be eligible for "beneficial use," provided it is in accordance with this Article. 4. Any contaminated recognizable concrete, concrete products, or brick, regardless if they are non -hazardous according to Minnesota Rules, Chapters 7035 and 7045, shall not be reused, recycled, or reclaimed in any manner either on or off Site. Said materials or substrates shall be disposed at an approved, licensed, or permitted landfill in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal of said materials and substrates shall be in accordance with this Section. Any contaminated recognizable concrete, concrete products, or brick meeting the definition of a hazardous waste according to Minnesota Rules, Chapter 7045 shall be disposed according to this Section. 1.06 SITE CONDITIONS A. All structures to be demolished will be vacant. Demolition contractor shall be responsible for verifying that each and every utility to and within each and every individual building or other structure has been de -activated and is safe for demolition and removal. B. Unknown hazardous materials may be present. Contractor shall, upon encountering suspected or potential hazardous materials, including soils contaminated by hydrocarbons, stop work immediately in the vicinity of the encounter and notify Engineer. Owner will coordinate sampling and testing of materials for determination of status. Work shall commence in other areas of the Project until such determination. C. Hazardous materials are expected in the City Hall building. Refer to reference documents described in Section 00 31 00. Hazardous materials must be removed only by a licensed hazardous abatement contractor. 1.07 DISPOSAL OF MATERIALS AND DEBRIS A. All demolition materials, substrates, debris, waste, or other materials shall be collected, stored, handled, managed, and disposed in accordance with currently accepted practices at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations. Management, transportation, and disposal of demolition materials, substrates, debris, waste, or other materials shall be in accordance with Article 1.05 of this document. STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 4 B. Beneficial use of demolition material, substrates, debris, waste, or other materials shall be in accordance with Article 1.05 of this document. C. Prior to shipment, stockpiling of demolition materials, substrates, debris, waste, or other materials shall be stored, handled, and managed according to Minnesota Rules, Chapters 7001, 7035, and 7045 to prevent environmental contamination. D. Any items salvaged by the Contractor are in an "as -is" condition. Items salvaged may contain internal hazardous materials, such as gaskets, linings, etc. Contractor or buyer of salvaged materials shall acknowledge receipt of items in an "as -is" condition, that the item may contain hazardous materials and accepts responsibility for any and all hazardous materials that are contained in the item. Any items or materials found or discovered in the course of demolition, removal, or disposal that are not anticipated or otherwise considered to be conventional building or structure components and may have unique commercial or historical value shall be salvaged and brought to the attention of the Owner. The Owner reserves the right to retain ownership of the items or materials, unless it is determined that no unique value exists. The items or materials with no unique value shall then become the property of the Demolition Contractor and disposed. F. At the Contractors option, bituminous materials may be milled and stockpiled on -site and will become the property of the Owner. Milled material shall conform to MnDOT Spec. 3138, Class 5. No on -site crushing of concrete is allowed. Excess material becomes the property of the Contractor and shall be removed from the site. G. Concrete materials not crushed shall be removed from the Site for proper disposal at the Contractor's discretion. 1.08 PERMITS A. Building Demolition Permit shall be obtained from the City of New Hope, Minnesota. Individual permits will be required for each structure. B. Complete and submit "Notification of Intent to Perform a Demolition" Form to the MPCA and MDH. C. All inspections required by the permits will be the responsibility of the Contractor. D. Any demolition material, substrates, debris, waste, or other materials meeting the definition of a hazardous waste shall be disposed under the facility's EPA identification number. A licensed hazardous waste transporter shall transport said waste. 1.09 SUBMITTALS A. The Contractor shall provide the Owner's Representative with copies of receipts, manifests, shipping papers, scale or tipping tickets, record of disposal/destruction, and any other documentation regarding disposal of demolition materials, substrates, debris, waste, or other materials from the Site whether hazardous or not. Submittals shall be made weekly and no later than the Friday of the following week. STRUCTURE DEMOLITION 0 2019 Stantec 1 193804336 0241 16 - 5 B. Within 14 days of demolition completion, submit Certificate of Disposal/Destruction for all materials removed from the Site. Certificates shall state. 1. Disposal site or location taken for beneficial use. 2. Dates and quantity of material that material was transported to said site. 3. Type of material and whether it was contaminated or not contaminated. C. The Contractor shall provide the Owner's Representative with copies of licenses, training certificates, or suitable documentation for contractors and personnel providing hazardous material or hazardous waste removal. Submittals shall be made prior to Site activities. D. The Contractor shall provide the Owner's Representative with copies of disposition documents for all salvaged items. This includes items that are sold or given away by the Contractor and items that the Contractor keeps for his own use. For items sold or given away, documentation shall include a "Bill of Sale" that describes the item, who received the item, brand name, model number, serial number, etc. where applicable, acceptance of responsibility for the item, including hazardous materials that the item may contain, printed name and address of recipient, signature of recipient and date. 1.10 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from structure removal immediately. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Abatement includes removal of all hazardous materials, asbestos, pcb's, and other materials identified in the Asbestos & Regulated Waste Inspection Report by AET. B. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. C. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. D. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. E. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. F. Fill holes resulting from removals consistent with Section 31 23 00. STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 6 3.02 EXAMINATION A. Fully examine sites of structures to be demolished and verify scope and extent of removals. Request clarifications in writing for execution of any and all removals, retentions, dispositions, salvages, etc. that are unclear prior to beginning Work. B. Examine previously completed environmental assessments for the former City Hall building. All hazardous materials shall be removed in accordance with all applicable federal, state and local laws, regulations, statutes, etc. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc., located within the City Right of Way, which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. Take reasonable precautions to limit damage to existing turf, landscape plantings, pavement, etc. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Minimize disturbance beyond the limits required for structure demolition. 3.04 BUILDING DEMOLITION A. Complete in accordance with MnDOT Spec. 2103, expect as modified by these Specifications. B. Disconnect and/or bulkhead all existing utilities prior to building demolition. C. Disconnect power to the buildings and remove electric lines back to source. D. Disconnect and remove gas service back to gas main. E. Disconnect and remove cable, fiber optic, telephone and other dry utilities back to source. F. All hazardous materials shall be removed prior to demolition. STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 7 G. Demolition of the building shall include removing all piping and footings. H. Following building demolition and material removals, site shall be graded with existing onsite materials and with grades not steeper than 4:1 slope. Verify and receive Engineer's approval of finished grades. 3.05 BACKFILLING HOLES AND EXCAVATIONS A. Refer to Specification Section 31 23 00. 3.06 FIELD QUALITY CONTROL A. Items designated for salvaging, if damaged during removal operations, shall be replaced with material of equal type and quality of the damaged item or provide compensation for fair market value. 3.07 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION STRUCTURE DEMOLITION © 2019 Stantec 1 193804336 0241 16 - 8 SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Removal and trimming of vegetation and trees, and stripping and stockpiling of sod and topsoil. B. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measure and Payment l . A Bid Item has been provided for Grubbing. Measurement will be by physical count of each tree grubbed having a diameter of more than 4 inches. Payment will constitute compensation in full for all removal, disposal work, and costs. 2. Sod Removal: This Work is considered incidental to the other Work of the Contract. 3. Windfall/Deadfall Removal: This Work shall be incidental to the Project with no direct compensation. 4. Brush Removal: This Work shall be incidental to the Project. 5. Stripping and Stockpiling of Soil: This Work shall be considered incidental to other Work in the Contract. 6. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2101 -Clearing and Grubbing. 2. 2571 - Plant Installation and Establishment. 1.04 DEFINITIONS A. Brush: All bushes, shrubs, and other vegetation that can be cut with a brush scythe or mowing machine, including small isolated trees having a diameter of 4 inches or less at a point 2 feet above the ground surface. Clearing: Cutting, removing, and disposing of trees, shrubs, bushes, windfalls, and other vegetation in the designated areas. C. Grubbing: Removing and disposing of stumps, roots, and other remains in the designated areas. D. Tree Trimming/Pruning: Cutting broken, damaged, or obstructing branches and installing wound dressing. SITE CLEARING © 2019 Stantec 1 193804336 31 10 00 - 1 1.05 SITE CONDITIONS A. Work consists of removing trees as shown on the Drawings. B. Protect specimen trees close to Work that are designated to remain but may be damaged by Work. 1.06 SEQUENCING AND SCHEDULING A. Install temporary erosion control measures prior to Work of this Section. B. Complete before or sufficiently ahead of on -going rough grading, excavation, backfill, and compacting for utilities. PART 2 PRODUCTS 2.01 WOUND DRESSING A. Only applied to Oak and Elm trees at the direction of the Engineer or City Forester. B. Asphalt base tree paint. C. Other acceptable materials per Engineer's approval. PART 3 EXECUTION 3.01 GENERAL A. Review removals in the field with the Engineer prior to doing Work. Trees to be grubbed will be clearly marked by the Engineer. B. Stockpile soil to eliminate contamination with other on Site materials. 3.02 CLEARING AND GRUBBING A. Meet the requirements of MnDOT Specification 2101, Clearing and Grubbing. B. Clearing Brush: Cut even with the ground surface. C. Backfill all depressions resulting from the grubbing operations in accordance with Section 31 2300. 3.03 TRIMMING AND PRUNING A. As directed by the Engineer, trim trees that are to be saved but interfere with the proposed construction. Paint all cuts with wound dressing. 3.04 DISPOSAL A. Dispose of all cleared and grubbed material and debris at a location selected by the Contractor, except for trees and logs to be salvaged. SITE CLEARING © 2019 Stantec 1 193804336 31 10 00 - 2 B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. Stripped materials are to be used as surcharge material placed at the location shown on the Drawings. D. On Site burial of any debris is not permitted. E. Burning 1. Not allowed. 3.05 PROTECTION A. Conduct operations so as not to damage surrounding private property. B. Protect trees intended to be saved from injury or defacement during operations 1. Restrict widths of utility trenches. 2. Provide protective bracing, sheeting, or box to insure safe Work conditions as incidental to Contract. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. END OF SECTION SITE CLEARING © 2019 Stantec 1 193804336 31 10 00 - 3 This Page Left Blank Intentionally SECTION 31 23 00 EXCAVATION AND FILL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 01 57 13 - Temporary Erosion and Sediment Control. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . No bid items have been provided for blading, grading, shaping, and compacting of onsite materials including reclaim and existing onsite materials. Following existing parking lot and curb removals, site shall be graded with existing onsite materials and with grades not steeper than 4:1 slopes. Final grading, excavation, and shaping is considered incidental. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2018 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 1.04 SEQUENCING AND SCHEDULING A. Following removal of all demolition items, contractor shall grade and level the site with existing onsite materials and with no grades exceeding 4:1 slopes. Offsite fill material will not be utilized. PART 2 EXECUTION 2.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Install perimeter security fence prior to excavations. 2. Establish the specified erosion control devices according to Section 01 57 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Sections 02 41 13 and 02 41 16. 2.02 FINISH OPERATIONS A. Engineer's approval is required of all final site grading. END OF SECTION © 2019 Stantec 1 193804336 EXCAVATION AND FILL 31 23 00 - 1 This Page Left Blank Intentionally SECTION 33 10 00 WATER UTILITIES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Water main pipe, hydrants, valves, fittings, and miscellaneous appurtenances. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l . No Bid Items have been provided for Water Main. All fittings, poly encasement, coatings, hardware, pipe, steel rodding, and restraints to plug and abandon existing water main as identified on the Drawings is considered incidental. 2. No Bid Items have been provided for testing. Testing shall be considered incidental to water main installation with no direct payment made. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. American Water Works Association (AWWA) 1. C104 - Cement -Mortar Lining for Ductile -Iron Pipe and Fittings. 2. C105 - Polyethylene Encasement for Ductile -Iron Pipe Systems. 3. C111 - Rubber -Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 4. C116 - Protective Fusion -Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile -Iron and Gray -Iron Fittings. 5. C150 - Ductile -Iron Pipe, Centrifugally Cast. 6. C151 - Standard for Ductile -Iron Pipe, Centrifugally Cast. 7. C153 - Standard for Ductile -Iron Compact Fittings. 8. C600 - Installation of Ductile -Iron Water Main and Their Appurtenances. 9. C651 - Disinfecting Water Mains. B. American Society of Testing and Materials (ASTM) l . A48 - Gray Iron Castings. 2. Al 26 - Gray Iron Castings for Valves, Flanges, and Pipe Fittings. 3. A307 - Carbon Steel Bolts and Studs, 60,000-PSI Tensile Strength. 4. A536 - Standard Specification for Ductile Iron Castings. 5. A674 - Standard Practice for Polyethylene Encasement for Ductile Iron Pipe for Water or Other Liquids. 6. C578 - Specification for Rigid, Cellular Polystyrene Thermal Insulation. C. National Electrical Manufacturers Association (NEMA) 1. WC 70 - Non -Shielded Power Cables Rated 2,000 Volt or Less for the Distribution of Electrical Energy. © 2019 Stantec 1 193804336 WATER UTILITIES 33 10 00 - 1 1.04 SUBMITTALS A. Submit Product Data for the following items consistent with Section 01 33 00: 1. Fittings. 2. Joint restraint and corrosion resistant coatings. 1.05 SEQUENCING AND SCHEDULING A. Notify the Owner a minimum of 72 hours prior to performing Work. The Contractor is responsible to notify the West Metro Fire Department of the intended shutdown. B. Owner requires a minimum 72-hour notice for all residential utility interruptions. No residential utility interruptions shall begin prior to 9 a.m. (unless approved by the City otherwise) and maximum service interruption shall be 8 hours. 1. Residential utility shutdowns cannot take place on Fridays or Saturdays. C. It may be required that these utility interruptions occur at night. D. Notify all customers connected to water system to be shut down 72 hours in advance of shut down. E. The Owner must open and close the existing valves for this part of the operation. F. Successfully complete required test and inspections before restoration of surface. PART 2 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. D. Fittings: AWWA C153/A21.53, Ductile Iron, 250-psi working pressure, AWWA C111 /A21.11 latest revision, mechanical joint or push -on: 1. All fitting shall be fusion bonded epoxy coated per ANSI/AWWA C116/A21. 2.02 BOLT ASSEMBLIES A. Tee -Head Bolts 1. General: Conform to ANSI/AWWA C11 1 /A21.11. 2. Fluorocarbon Resin Coating: FluoroKote No. 10 (by Metal Coating Corp.); NSS Industries Cor-Blue bolt coating, or approved equal. 3. No other bolts are approved for use with mechanical joint restraints. B. Stainless Steel Bolts 1. General: Conform to requirements of ASTM F593 and ASTM F594, Alloy Group 1, 2, or 3. 2. Approved for use as exterior bolts for hydrants and gate valves. WATER UTILITIES © 2019 Stantec 1 193804336 33 10 00 - 2 2.03 JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies coating a. Fusion bonded epoxy per ANSI/AWWA C1 16/A2. B. Tie Rods: 3/4-inch diameter rods stainless steel or fusion bonded epoxy coated. 2.04 PIPE ENCASEMENT A. Material: Polyethylene film conforming to AWWA CI05/A21.5 and ASTM A674, tube form. B. Color: Black. C. Film Marking Requirements: Conform to AWWA C105/A21.5 and ASTM A674, including AWWA/ASTM standard, corrosion protection warning and applicable range of nominal pipe diameter size(s) every 2 feet along its length. 2.05 INSULATION A. Polystyrene Insulation: Extruded type conforming to ASTM C578, Type VI, VII, or V. PART 3 EXECUTION 3.01 PREPARATION A. Conform to the requirements of Section 33 05 05. 3.02 INSTALLATION OF PIPE AND FITTINGS A. Install fittings in accordance with the manufacturer's instructions and with the details shown on the Drawings. B. Permanently support, remove, relocate, or reconstruct existing utility pipes, cables, structures, or other appurtenances when they obstruct the line, grade, or location of the pipe or appurtenance. C. Remove foreign matter or dirt from the inside of pipe or fitting. D. All jointing of mechanical joint pipe and push -on joint pipe in accordance to AWWA C600. E. Outside of the spigot and the inside of the bell, wire brush, wipe clean and dry. Keep pipe ends clean until joints are made. F. Lay and maintain pipe and appurtenances to the alignment, grade, and location shown on the Drawings. No deviation from the Drawing alignment, grade, or location is allowed, unless approved by the Engineer. No pipe shall be laid in water or when the trench conditions are unsuitable for such Work. WATER UTILITIES © 2019 Stantec 1 193804336 33 10 00 - 3 G. Precautions are to be taken to prevent debris or groundwater from entering the pipe being laid. H. Installing Fittings 1. General Requirements: AWWA C600. 2. Set and jointing to existing pipe and fittings as specified for cleaning, laying, and joining pipe. 3. Spray exterior ductile iron nuts, bolts, and joint restraint bolts using a bituminous coal tar as supplied by the manufacturer. 4. Wrap fittings with polyethylene film according to Part 2 - Pipe Encasement. 5. Place thrust blocks or tie rods according to City standard details. Wrap all ductile iron pipe and fittings. l . Only use tape approved for use with pipe encasement. 2. Pipe encasement shall be cut and wrapped around all fittings and valves to fully cover all surfaces. 3. Pipe encasement shall be placed when pipe is clean, prior to lowering pipe into trench. 4. Tape shall be required as needed to secure the pipe encasement. 5. Additional taping or a double layer of pipe encasement shall be required to repair any holes in the pipe encasement. J. Backfilling: Conform to Section 33 05 05. 3.03 ANCHORAGE A. Restrain all bends and fittings with mechanical joint restraints. B. Provide concrete thrust blocking for all bends, tees, hydrants, and plugs: 1. Requirements per Drawings. 2. Block tees, plugs, and hydrants to same requirements as 90-degree bend. 3. All thrust blocking must be poured -in -place concrete. Wood or precast concrete segmental block is not allowed for thrust blocking. 3.04 INSULATION A. Review insulation installation with Engineer 1. Place insulation between water pipe and sanitary pipe when water main or service is within 1 foot above or below the sanitary pipe. 2. Place insulation between storm sewer pipe and water main or water service when pipes are separated by less than 2 feet. 3. Place insulation over water pipe where tie-ins or other conditions limit bury depth to less than specified. 3.05 PROTECTION A. Existing valves and hydrants shall be operated by the Owner, unless under emergency situations. B. Securely plug all water main openings promptly before suspension of Work at any time to prevent earth or other substances from entering the water main. © 2019 Stantec 1 193804336 WATER UTILITIES 331000-4 C. Mark valve boxes and structures susceptible to being hit by construction or vehicular traffic. 3.06 FIELD QUALITY CONTROL A. Scope 1. Perform hydrostatic pressure, disinfection, and conductivity tests. 2. The Engineer will observe and verify all tests and visually inspect final Work for compliance. B. Hydrostatic Pressure Test l . Minimum Test Pressure: 150 psi. 2. Test Duration: 2 hours. 3. Criteria: No drop in pressure allowed. 4. Testing Gauge: Liquid filled, 4-1/2 inch diameter, labeled in 1-psi increments, such as Ashcroft Model 1082, or approved equal. 5. Test all lines, including hydrant leads, water services, and stubs. C. Disinfection 1. General Requirement: AWWA C651 - Disinfecting Water Mains (Tablet Method). 2. Place hypochlorite tablets in each section of pipe and all appurtenances a. Attach tablets to top of pipe with a food grade adhesive, such as denture grip. b. The estimated number of tablets required per 20-foot length of pipe based on 3-1/4 grain available chlorine per tablet is as follows: Diameter No. of Tablets 1) 4 Inches 1 2) 6lnches 2 3) 8Inches 3 4) 10Inches 4 c. Contractor shall use a Project specific number of tablets to disinfect water main for 24 hours with at least 50 ppm available chlorine, with a residual of at least 10 ppm throughout the length of the main at the end of the 24-hour period. 3. Fill main with water at a velocity of less than 1 foot per second if tablet method is used. 4. Flushing by the Contractor may begin after the chlorinated water has been allowed to disinfect the new pipe for 24 hours. Contractor shall schedule flushing with the Owner at least 24 hours in advance. 5. After final flushing and before new water main is connected to the distribution system, two consecutive sets of passing test samples, taken at least 24 hours apart, shall be collected from the new main. 6. At least 1 set of bacteria test samples is required for every 1,200 feet of water main installed, plus 1 set from the end of the line and at least 1 set from each main lateral branch. Bacteria test to be performed by the Contractor and tested by the Contractor. END OF SECTION WATER UTILITIES © 2019 Stantec 1 193804336 33 10 00 - 5 This Page Left Blank Intentionally 3 1(0-.. a a � = Request for Action August 26, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution approving Change Order No. 1 in the amount of $25,903.46 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) Requested Action Staff requests that the City Council approve change order no. 1 to the contract for the city hall demolition project (improvement project no. 994) in the amount of $25,903.46. At the August 19, 2019 work session, staff and the city engineer briefly discussed upcoming change orders with the City Council. Dan Boyum will be in attendance to respond to any questions regarding the change order. Policy/Past Practice The City Council considers change orders when unforeseen circumstances arise or changes are recommended for a city project. Background The City Council awarded a construction contract to Veit & Company, Inc. at the March 25, 2019 council meeting in the amount of $250,811.48. Stantec Consulting Services is providing oversight and regular construction updates are being presented to Council. At the August 19, 2019 work session, city engineer Boyum was present for a monthly update and discussed upcoming change orders, including change order no. 1 to the demolition contract. During the demolition process, it was determined that some of the waterproofing on the foundation and buried transite pipe contained asbestos. Estimates were received from Veit to complete the disposal of the identified asbestos. It was also concluded that the electrical transformer on the west side of the old city hall building needed to be kept in place for the next few months to provide power for the pool contractor, as Xcel Energy is unable to provide temporary power from another source for quite some time. It was originally anticipated that the transformer would be removed during the demolition electrical disconnect process. Because it will remain in place during demolition, it needed to be protected, and the demolition contractor installed a steel protection box over the transformer. In order to keep the project on schedule, the city manager approved the work and corresponded with the City Council. Demolition change order no. 1 includes the additions, as follows: Foundation Asbestos Removal $ 19,040.00 Add Transite Pipe Asbestos Removal $ 3,502.68 Add Protection of Temporary Power $ 3,360.78 Add Total Demolition Change Order No. 1 $25,903.46 I:\RFA\P&R\Poo] and Civic Center Pk Projects\ 2019\ Change Orders\Demo Change Order 1 - 8.26.19\Q&R -Demo Change Order No. 1.docx Request for Action, Page 2 The change order increases the contract amount from $250,811.48 to $276,714.94. Staff recommends approval of the resolution approving the change order. Attachments ■ Resolution Letter from Stantec Consulting Services Letter re: Change Order No. 1 Change Order No. 1 City of New Hope Resolution No. 2019 -92 Resolution approving Change Order No. 1 in the amount of $25,903.46 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) WHEREAS, the city has received the request for change order no. 1 from Stantec Consulting Services for Veit & Company, Inc. relating to the contract for the demolition of the city hall project (Improvement Project No. 994) in the amount of $25,903.46; and WHEREAS, the items in change order no. 1 includes asbestos removal and disposal of the city hall foundation and underground transite pipe and the protection of temporary power for the pool; and WHEREAS, the City Council reviewed the upcoming change order items with city engineer Dan Boyum at the August 19, 2019 work session and directed staff to place the change order on the August 26, 2019 Council agenda for formal action; and WHEREAS, the original contract with Veit & Company, Inc. was in the amount of $250,811.48 and the Stantec budget included an overall $321,824.98 contingency; and WHEREAS, change order no. 1 increases the contract amount to $276,714.94; and WHEREAS, Stantec Consulting Services and staff recommend approval of the change order. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope that change order no. 1 to the Veit & Company, Inc. contract is approved in the amount of $25,903.46 and that all other respects of the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 261" day of August, 2019. Mayor Attest: City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 ® Stantec Minneapolis, MN 55402 August 20, 2019 File: 193804336 Attention: Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Change Order No. 1 - Civic Center Park - Existing City Hall Demolition City Project No: 994 Dear Kirk, Several future change orders were discussed with at the June 17th and August 19th City Council Work Sessions. The change orders listed below have been reviewed by our Staff, and we recommend approval. We have prepared Change Order No. 1 to compensate Veit & Company for the following: 1. Asbestos Abatement - Foundation: This Change Order item provides that during the demolition process, it was determined that some of the waterproofing on the foundation contained asbestos. 2. Asbestos Abatement - Transite Pipe: This Change Order item provides that during the demolition process, it was determined that some of the buried transite pipe contained asbestos. 3. Protection of Temporary Power: This Change Order item provides that the electrical transformer on the west side of the old city hall building needed to be kept in place for the next few months to provide power for the pool contractor, as Xcel Energy is unable to provide temporary power from another source for quite some time. No. Item Total Amount 1 Asbestos Abatement - Foundation $ 19,040.00 2 Asbestos Abatement -Transite Pipe $ 3,502.68 3 Protection of Temporary Power $ 3,360.78 TOTAL CHANGE ORDER NO. 1: $ 25,903.46 Design with community in mind August 20, 2019 Mr. Kirk McDonald Page 2 of 2 Reference: Change Order No. 1 - Existing City Hall Demolition If you have any questions or require further information, please call me at (612) 712-2021 . Sincerely, STTAANTEC�jCONSULTING SERVICES INC. Dan D. Boyum, P.E. Attachments: • Civic Center Park - Existing City Hall Demolition - Change Order No. 1 & Attachments Cc: Susan Rader, Valorie Leone, Jeff Sargent, Bernie Weber- New Hope; Stacy Woods - City Attorney; Dave Ahrens, Lucas Miller, Ann Dienhart - Stantec. Design with community in mind (3 Stantec )wner: City of New Hope,4401 Xylon Avenue North, New Hope, MN, 55428 Date August 20, 201' ;ontractor: Veit & Company, Inc., 1400 Veit Place, Rogers, MN 55374 ,ond Co: Western Surety Co., 151 N. Franklin St., Chicago, IL 60606 Bond No: 30059059 CHANGE ORDER NO. 1 CIVIC CENTER PARK - EXISTING CITY HALL DEMOLITION CLIENT PROJECT NO. 941 & 994 STANTEC FILE NO. 193804336 Descrip ian of Work Change Order No. 1 provides for: Item 1: Asbestos Abatement - Foundation - During the demolition process, it was determined that some of the waterproofing on the foundation contained asbestos. The cost for disposal of the affected asbestos foundation is $19,040. Item 2: Asbestos Abatement - Transite Pipe - During the demolition process, it was determined that some of the buried transite pipe contained asbestos. The cost for disposal of the affected asbestos transite pipe is $3,502.68. Item 3: Protection of Temporary Power - It was determined that the electrical transformer on the west side of the old city hall building needed to be kept in place for the next few months to provide power for the pool contractor, as Xcel Energy is unable to provide temporary power from another source for quite some time. The cost for protecting the existing transformer with a steel protection box is $3,360.78. This Change Order provides for all labor and materials to complete this work. No additional compensation will be provide for the work indicated above. No. Item Unit Quantity Price Amount CHANGE ORDER NO. 1 1 ASBESTOS ABATEMENT- FOUNDATION LS 1 $19,040.00 $19,040.00 2 ASBESTOS ABATEMENT - TRANSITE PIPE LS I $3,502.68 $3,502.68 3 PROTECTION OF TEMPORARY POWER LS TOTAL CHANGE ORDER NO. 1: 1 $3,360.78 $3,360.78 $25,903.46 1938004336COl.xlsm Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date): Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC -( L9A1I,.- Approved by ontractor: VEIT & COMPANY, INC. Date cc: Owner Contractor Stantec Consulting Services Inc. 1938004336CO1.xism Dote: a, �'1/ ef Approved by Owner: CITY O NEW HOPE ti �. !�-/I Date $250,81 1.48 $0.00 $25,903.46 $276,714.94 Boyum, Dan From: Jason Mueller <jmueller@veitusa.com> Sent: Wednesday, August 7, 2019 5:17 PM To: Miller, Lucas Cc: Boyum, Dan Subject: RE: Asbestos Test Results - City Hall Demolition Attachments: Vonco II Landfill Summary Sheet.pdf Lucas, Attached for your records and use is a copy of the Vonco II Landfill Summary Sheet for the concrete building foundations that contained asbestos waterproofing (black tar). We had 14 loads on 8/2/19 and 14 loads on 8-6-19 for a total of 28 loads. 28 loads at the unit price rate of $680.00 per truck load is $19,040.00. Please let me know if there are any questions or if you require any further information in order to process the change order for this work. I will forward copies of the daily landfill manifests as soon as I receive them from the field. Thank you, Jason Mueller Sr. Demolition Project Manager Veit & Company, Inc. 612-685-5930 From: Jason Mueller <jmueller@veitusa.com> Sent: Monday, August 5, 2019 7:03 AM To: Miller, Lucas <Lucas.J.Miller@stantec.com> Cc: Ryan Jensen <rjensen@veitusa.com>; Boyum, Dan <Dan.Boyum@stantec.com> Subject: RE: Asbestos Test Results - City Hall Demolition There will be only 1 manifest per day that is required by the landfill. They will provide a disposal summary sheet that will list the loads as asbestos containing. I will get a copy of that report and submit to you. Jason Mueller Sr. Demolition Project Manager Veit & Company, Inc. 612-685-5930 Vonco II Waste Management Campus v4w # in 15301 140th Avenue SE Becker, MN 55308 Permit: SW 580 190072 Civic Center Park New Hope Date Ticket Customer Truck Material Yards 08/02/2019 717140 190072 Civic Center Park New Hope YAZ3096 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717147 190072 Civic Center Park New Hope YBW9909 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717151 190072 Civic Center Park New Hope YBX6121 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717156 190072 Civic Center Park New Hope AB9840 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717159 190072 Civic Center Park New Hope AB9794 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717162 190072 Civic Center Park New Hope YBU4048 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717214 190072 Civic Center Park New Hope YAZ3096 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717217 190072 Civic Center Park New Hope YBW9909 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717220 190072 Civic Center Park New Hope AB9840 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717222 190072 Civic Center Park New Hope AB9794 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717226 190072 Civic Center Park New Hope IYBX6121 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717231 190072 Civic Center Park New Hope YBU4048 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717268 190072 Civic Center Park New Hope YAZ3096 Asbestos Non Friable Cat I Yards 18.00 08/02/2019 717269 190072 Civic Center Park New Hope AB9840 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717634 190072 Civic Center Park New Hope YBW9857 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717640 190072 Civic Center Park New Hope YBT8084 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717641 190072 Civic Center Park New Hope YBR7118 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717695 190072 Civic Center Park New Hope YBW9857 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717719 190072 Civic Center Park New Hope YBT8084 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717727 1190072 Civic Center Park New Hope YBX3506 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717728 190072 Civic Center Park New Hope YBX6121 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717742 190072 Civic Center Park New Hope YBR7118 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717761 190072 Civic Center Park New Hope YBW9857 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717770 190072 Civic Center Park New Hope YBX3506 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717772 190072 Civic Center Park New Hope YBT8084 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717776 1190072 Civic Center Park New Hope YBX6121 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717783 1190072 Civic Center Park New Hope YBR7118 Asbestos Non Friable Cat I Yards 18.00 08/06/2019 717802 1190072 Civic Center Park New Hope AB9794 Asbestos Non Friable Cat I Yards 18.00 Total Tons - 466.88 Total Loads - 28 00,(NC0 11, LLC. _WE:763.262-8662 FAX:763-262-3299 MPCA PERMIT SW580 ASBESTOS - CONTAINING MATERIAL TRANSPORT AND DISPOSAL MANIFEST PROFILE #: 1. Work Site Name CUSTOMER #: Address--- 3. Waste Disposal Site VONCO II, LLC. City, St„ Zip __- Mailing Address 15301 - 140th Ave. S.E. Contact's Name City, St., Zip Becker, MN 55308 Contact's Phone No. Physical Site Location 2.5 miles west from Co. Rd. 11 (Be Specific) on Sherburne Ave. at Jet. of G2. Abatement Contractor 140th Ave. S.E. E Address 4. Responsible Agency MN Pollution Control Agency N City, St., Zip _- _ Address 520 Lafayette Road E Operator's Phone City, St., Zip St. Paul, MN 55155-3898 R 5. Description of Materials 6. Containers (No. -Type) 7. Total Quantity (m3 or yd3) I r, T -- - O 8. Special Handling Instructions and Additional Information 9. Disposal Cell 10. ABATEMENT CONTRACTOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. Name & Title (Printed or Typed) T 11. Transporter 1 (Acknowledgement of receipt of materials) R Name/Title - S Address____-- —�_ P 12. Transporter 2 (Acknowledgement of race LrnateriaIs) Signature r_Dale Signature ,1 f Date - City, St., Zip Phone No, T Namerritle _ _ _ _ Signature Date RIAddress _ _ —_ — City, St., Zip----- _ Phone DISPOSAL E j j"aste Disposal Site Owner or Operator: Certification of receipt of asbestos 13. materials covered by this manifest except as noted in item 13. Tons:Yards: _ Name/Title (Printed or Typed) 1 r i Ticket #. Signature -- _- _-- — __-- _ -- L - Date r CONTRACTOR - WHITE TRANSPORTER -CANARY WASTE DISPOSAL SITE - PINK GENERATORADPERATOR - GOLD VONCO 11, LLC. PHONE:763-262-8662 FAX:763-262-3299 MPCA PERMIT SV 580 ASBESTOS = CUNTAINING MATERIAL TRANSPORT AND DISPOSAL MANIFEST 1. Work Site Name Address City, St., Zip - ____ Contact's Name Contact's Phone No G2. Abatement Contractor E Address N City, St., Zip EOperator's Phone_ R5. Description of Materials A T - O R 8. Special Handling Instructions and Additional Information PROFILE #: CUSTOMER #: 3. Waste Disposal Site VONCO II, LLC. Mailing Address 15301 - 140th Ave. S.E. City, St., Zip Becker, MN 55308 Physical Site Location 2.5 miles west from Co. Rd. 11 j (Be Specific) on Sherburne Ave. at Jct, of I 140th Ave. S.E. 4. Responsible Agency MN Pollution Control Agency Address 520 Lafayette Road City, St., Zip St. Paul, MN 55155-3898 6. Containers (No: Type) 7. Total Quantity (m3 or yda 9. Disposal Cell 10. ABATEMENT CONTRACTOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. Name & Title (Printed or Typed) _ Signature - _. _ Date T 11. Transporter 1 (Acknowlidgemertt of receipt of materials) R i AName/Title -.-- -... Signature_—:---------�_----- ---- Date Address. _ _ ._ _ _ _;-_ _ _ __ City, St., Zip _ _ _ _ Phone No. n 12. Transporter 2 (Acknowle fgement of receipt of materials) T Name/Title _ _ Signature___- _ _ _ _ Date RAddress_ _ _ _ _ City, St., Zip., Phone No..- DISPOSAL SITE 14. Waste Disposal Site Owner or Operator: Certification of receipt of asbestos 13 —: materials covered by this manifest except as noted in item 13. Tons: Yards: Name/Title Printed or Typed) Ticket #, Signature _ _ _ _ Date CONTRACTOR - WHITE TRANSPORTER - CANARY WASTE DISPOSAL SITE - PINK GENERATOR/OPERATOR - GOLD Extra Work Summary Veit & Company, Inc. Project Name: Civic Center Park Existing City Hall Demolition Site Address: 4401 Xylon Ave. N., New Hope, MN 65428 Veit Project #: 190072 Veit Project Manager: Jason Mueller Description of Work: During the building demolition operations, Veit encountered some unknown buired asbestos transite pipe from underneath the existing building slabs Work was stopped within the area and the Veit demolition crew notified Veit's Demolition Project Manager (Jason Mueller). Veit's Project Manager then notified Lucas Miller (Stantec) and requested direction on how to proceed. Veit was directed to sample the material for possible Asbestos Containing Materials (ACM). Veit took a sample, delivered it to Techtron Eng. Inc in Anoka and awaited results. Returned Results proved positive for ACM. Veit was then directed to remove and legally dispose of the asbestos containing materials based on the following and attached unit pricing. The approximate quantity of asbestos transite pipe that was encountered was 100 LF The pipe itself varied in size between 10 and 12 inches in diameter. Veit Labor & Equipment Unit Cost $ 812 QtY Qty Q4f QtY Qty Clty City Unit Total City Total $ Demolition Excavator with Operator $ 257.00 4.00 HRS 4.00 $ 1,028.00 Laborer $ 92.00 1.50 HRS 1.60 $ 138.00 Asbestos Supervisor (4 Hour Minimum) $ 134.00 4.00 HRS 4.00 $ 536.00 Asbestos Worker (4 Hour Minimum) $ 120.00 4.00 HRS 4.00 $ 480.00 Demolition Workin i Foreman w/Truck 4 Hour Minimum) $ 134.00 4.00 HRS 4.00 $ 536.DD Rolloff Container (DeliveryiPickup (Delivery/Pickup& Disposal or ACM) $ 750.00 1.00 EA 1.00 $ 760.00 Labor & Equipment Subtotal = $ 3.468.00 Materials Unit Cost $ 8/2 Qty 1/0 Qty 110 Qty 1/0 City 1/0 Qty 1/0 Qty 1/0 Qty 1/0 Qty Unit Total City Total $ $ - 0 $ $ - 0 $ $ - 0 $ $ - 0 $ Materials Subtotal = $ Disposal Unit Cost $ 8/2 Qty 1/0 City 1/0 Qty 1I0 City 1I0 Qty 1/0 Qty 1/0 Qty 1/0 City Unit Total Qty Total $ $ - 0 $ $ - 0 $ Ois osal Subtotal= $ Subcontractors Unit Cost $ 8/2 1/0 Q 1/0 Clty 1/0 1/0 Qty 1/0 1/0 Qty 110 Qty Unit Total Qty Total $ $ - 0 $ $ - 0 $ D $ Subcontractors Subtotal = $ Notes: The above pricing does not include any costs for sampling/testing of the suspect asbestos containing material. 15 % Markup on Materials = S 15 % Markup on Disposal = 5 5 % Markup on Subs = 5 Subtotal Additional Work = $ 3,468.00 Bond 1 % = $ 34.68 Total Additional Work = $ 3,502.68 763-4211 Ow w0cavew C11111MMOnefte Rep cthwtitpolwo Nurm" 1 Equip 0 Phase Code Dnedpbw 61-864 EXTRA WORK AUTHORIZATION Date: ;—P- Gz 01 Project Name: Project Location - Veit Project Manager; Veit Job Number. 0 -7 EQUIPMENTIOPERATOR Hour Unit Cost Amount Total Equipment Cost S LABOR flhasfl Code Desc-ription. Hours Unit Cost Amount Total Labor Cost S MATERIAIJOTHER J Lo vJj(;a t. Vendor Quantity Unit Cost Amount . .. ... - ----- -- Total Material Cost S - TRUCK wwonmroft rill C.kivoildor TTtwt, Trucir Type Hours Loads Unit Cost Amount t7 S S Total Tnxlina Cast I DESCRIPTION OF WORK ........ . . — I c, WORK AUTHORIZED jkk) APPRUVW111111UPLEASE SIGN CLEARLY) COSY su"Way EquipimanVOpwam S C -;Y;r i eprese Date .' 006iont -R- 11tillve Labor 6 one Number Truckmof0poraw 5 V ive Date ToW 11301y C" VONCO 11, LAC. jl's:v�- I)-n //�� PHONE: 763-262-8662 FAX: 763-262-3299 � Vl bl (5 3107 Y MPCA PERMIT SW550 ASBESTOS - CONTAINING MATERIAL TRANSPORT AND DISPOSAL MANIFEST PROFILE #: �/� 1. Work Site Name G �(ol x �y ��N_ CUSTOMER #: Address wJ��� dI� 3. Waste Disposal Site VONCO II, LLC. City, St., Zip ./�til Mailing Address 15301 -140th Ave. S.E. Contact's Name b�+^ City, St., Zip Becker, MN 55308 Contact's Phone No. � ��� _ Physical Site Location 2.5 miles west from Co. Rd. 11 G2. (Be Specific) on Sherburne Ave. at Jct. of 140th Ave. S.E. Abatement Contractor �"!.A►+n1�s` _ EAddress car �S� �� 4. Responsible Agency MN Pollution Control Agency rr City, St., Zip �"��'�-sf► +�� N Address 520 Lafayette Road E r 7 0 ` �� �� Operator's Phone �1 City, St., Zip St. Paul, MN 55155-3898 R 5. Description of Materials 6. Containers (No. -Type) 7. Total Quantity (m3 or yd3) 0 - T - - 8. Special Handling Instructions and Additional Information 9. Disposal Cell 10. ABATEMENT CONTRACTOR'S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport,, according to applicable international and national cove ental regulations. Name & Title (Printed or Typed) l�'t+n S►'r alunature Date T Rr 11. Transporter 1 Oqknowledgement of receipt of materials) A Name/Title Signature Dale N S Address x City, St., Zip + Phone No. O12. Transporter 2 (Acknowledgement of receipt of materials) TName/Title _ Signature Date RAddress City, St., Zip Phone No. DISPOSAL SITE 14. Waste Disposal Site Owner or Operator: Certification of receipt of asbestos 13 materials covered by this manifest except as noted in item 13. q Tons: y r Yards: Name/Title (Printed or Typed) _ Ticket #: / �(j Signature Date CONTRACTOR - WHITE TRANSPORTER - CANARY WASTE DISPOSAL SITE - PINK GENERATOR/OPERATOR - GOLD srrr+rrrrr+s•�sr��+� �� � e � � �. August 1, 2019 Attn: Veit Companies Project Location: 4401 Xylon Avenue, New Hope, MN Client Project #: 190072 Techtron Project #: 9357 Date Samples Submitted: 8/1/2019 Number of Samples Analyzed: 1 TECHTRON engineering inc. environmental solutions 2040 N Ferry St. Anoka, MN 55303 Phone 763.712.9502 www.techtronengineering.com Analyzed by: Corrie Jindra Date Samples Analyzed: 8/1/2019 Test Report: Asbestos Bulk Materials Identification by PLM Following are the results of material samples obtained for asbestos identification analysis. Samples were observed at 42X magnification and suspect fibers were isolated from the bulk samples for observation under polarized light microscopy. The fibers were then evaluated under polarized light microscopy for extinction angle, sign of elongation, and morphology. Cargille dispersion liquids were used to observe color changes of asbestos fibers at varying orientations while performing dispersion staining techniques. Analysis was performed according to EPA method 600/R-93/116. This method's detection range of asbestos is <1% or greater, in volumetric concentrations. Bulk samples were checked for the following types of asbestiform minerals: chrysotile, amosite, crocidolite, anthophyllite, and tremolite-actinolite. All sample details and results are listed in the table below. Laboratory Manager, Joshua Kranz Page 1 of 2 End of Report NAFD = No Asbestos Fibers Detected NAPS = Not Analyzed Positive Stop Reporting Limit: 1 %. Some samples reported as NAM may contain asbestos fibers in quantities below 1 %. Detection limits are dependent upon the sample size, matrix, and any interferences that may be present in the sample. Point counting is recommended for samples that require more precise quantification when samples contain low volumes of asbestos fibers (i.e 1-5%) Results are based on field sampling information provided by the client and are only valid for samples tested. Samples are stored for 30 days unless other arrangements are made by the client Samples received in good condition unless otherwise noted. This report shall not be reproduced except in full, without the written approval of Techtron Engineering AIHA-LAP, LLC Lab #101106. Page 2 of 2 Jason Mueller From: Jason Mueller Sent: Thursday, August 1, 2019 4:06 PM To: Miller, Lucas Cc: Boyum, Dan Subject: RE: Unknown Buried Transite Pipe - Old City Hall Demolition Attachments: 2019 Veit T & M Rates.pdf Lucas, See attached Veit T&M Rates sheet which includes items specific to asbestos. Please let me know if you need anything else. Thank you, Jason Mueller Sr. Demolition Project Manager Veit & Company, Inc. 612-685-5930 From: Miller, Lucas <Lucas.J.Miller@stantec.com> Sent: Thursday, August 1, 2019 2:40 PM To: Jason Mueller <jmueller@veitusa.com> Cc: Ryan Jensen <rjensen@veitusa.com>; Boyum, Dan <Dan.Boyum@stantec.com> Subject: Re: Unknown Buried Transite Pipe - Old City Hall Demolition Jason, For the asbestos specific items outlined below /hr, I don't have those rates on your rate sheet that we had been working off of. Can you send me something for backup? Bolded below. Regards, Lucas J. Miller Senior Construction Manager Stantec Consulting 612-875-2430 (cell) Sent from my Phone From: Jason Mueller <'mueller veitusa.com> Sent: Thursday, August 1, 2019 1:25 PM To: Miller, Lucas Cc: Ryan Jensen Subject: RE: Unknown Buried Transite Pipe - Old City Hall Demolition Lucas, Veit would propose the following Time and Material Rates for removal of the unknown buried asbestos transite pipe Demolition Excavator with Operator = $257.00 / Hour Laborer for Dust Control = $92.00 / Hour Asbestos Supervisor = $134.00 / Hour (4 Hour Minimum) Asbestos Worker = $120.00 / Hour (4 Hour Minimum) Demolition Working Foreman with Truck = $134.00 / Hour (4 Hour Minimum) Rolloff Container (Delivery/Pickup & Disposal of Asbestos) _ $750.00 Each So far, we are seeing about 40 LF Please advise if you would like for us to proceed with this additional work. Thank you, Jason Mueller Sr. Demolition Project Manager Veit & Company, Inc. 612-685-5930 From: Jason Mueller <jmueller@veitusa.corn> Sent: Thursday, August 1, 2019 12:35 PM To: Miller, Lucas <Lucas.J.Miller stantec.com> 2 Cc: Ryan Jensen <rlensen@veitusa.com> Subject: Unknown Buried Transite Pipe - Old City Hall Demolition Lucas, Veit has encountered some unknown buried asbestos transite pipe that was exposed as we were pulling up portions of the existing building slabs. We will need some direction on how you would like for Veit to proceed. Attached are some pictures. r Jason Mueller Project Manager/Estimator Direct: 763-428-6743 Mobile: 612-685-5930 Fax: 763-428-8348 Veit & Company Inc. May 1, 2019 - April 30th 2020 Skid loaders Rate 226, 228, 232, or 236 Caterpillar skid loader $157.00 247 or 257 Caterpillar skid loader $157.00 277 Caterpillar skid loader $186.00 *Skid Loader Attachments - Dail $227.00 Tractor backhoes 430 Caterpillar tractor backhoe $175.00 *430 Tractor Backhoe Attachments - Daily $226.00 Excavators 303/304 Caterpillar mini -excavator $178.00 308 Caterpillar excavator $184.00 312 Caterpillar excavator $191.00 320 Caterpillar excavator $217.00 330/336 Caterpillar excavator (all work excluding demolition) $247.00 330/336 Caterpillar excavator w / GPS $296.00 _ 330/336 Caterpillar excavator long reach w / GPS $302.00 330/336 Caterpillar excavator (demolition only) $257.00 345/349 Caterpillar excavator $281.00 3451349 Caterpillar excavator demolition only) $312.00 365 Caterpillar excavator $332.00 365 Caterpillar excavator (demolition only) $352.00 365 Caterpillar excavator w/hi h reach boom w/shear $627.00 374 Caterpillar excavator $332.00 Excavators Attachments Mini Exc. Hammer _ _ $49.00 308 Hammer $73.00 312/315/316 Hammer $73.00 320 Hammer $124.00 330 Hammer $150.00 345 3 CY Clam Bucket $60.00 Dust Boss $30.00 Demo Attachment Concrete Processor / Shear $178.00 Electro Magnet $38.00 *Track hoe Ripper - Dail $192.00 Dozers DSMLGP Caterpillar dozer $220.00 DSMLGP Caterpillar dozer w/GPS $268.00 D6RLGP Caterpillar dozer $233.00 D6 Caterpillar dozer w/GPS system $282.00 D8R Caterpillar dozer w/ri er $280.00 Forklifts *10,000 lb forklift - No -Operator - Dail $444.00 *12,000 lb forklift - No -Operator - Dail $444.00 Shop style forklift 5 Ton $62.00 Loaders 930 Caterpillar wheel loader $215.00 950 Caterpillar wheel loader $215.00 966 Caterpillar wheel loader $239.00 973 Caterpillar wheel loader $249.00 980 Caterpillar wheel loader $278.00 *Loader Attachments - Dail $227.00 Motor Graders 140G Caterpillar motor grader $224.00 140G Caterpillar motor grader w/GPS system $272.00 Page 1 of 4 Compactors 815B or 816B Caterp iilar sh eep foot comp actor $199.00 "Smooth Drum/Sheep foot compactor - No -Operator - Daily_$402.00 "Wacker plate compactor - No -operator - Dail $163.00 "Ramax 33' Vib. Corn - No -Operator - Dail $347.00 Cranes 75/80 Ton Crane $403.00 110 Ton Crane $406.00 Cranes Attachments Pile Puller $282.00 *Auger w/l ead!yg earbox - Dail $1,232.00 336 w/BSP Hammer $547.00 Down Hole Hammer IT w/ rbox $211.00 Down Hole Hammer 24" w/ rbox $246.00 'D19 hammer w/leads - Dail $632.00 W30 hammer Meads - Daily $1.220.00 336 w/SPH 100 Movax $484.00 "Vibro hammer w/power V5 - Dail $899.00 *Vibro Hammer w/ ower V22 - Daily $1,648.00 Scrapers 627G Caterpillar 'Scraper $359.00 Off -road trucks A30 Volvo articulated truck w/water tank $243.00 A30 Volvo articulated truck $255,00 A40 Volvo articulated truck $289.00 Track drills - truck drills Truck mounted drill rig $349.00 ECM370 Ingersoll-Rand rock drill $201.00 DK720 Davey track drill $242.00 701 Klemm track drill $256.00 DK7090 $202.00 320 Excavatorw/Word Drill $294.00 350DLC John Deere LoDril DH40-60 $350.00 3100 Watson track drill $350.00 CZM 125 $385.00 CZM 200 $518.00 CZM 200 (Auger Cast $579.00 Hydraulic Dredges 12" Hydraulic Dredge $296.00 12 "X 10" Booster Pump no -operator $131.00 10" Hydraulic Dredge $265.00 10" X 8" Booster Pump no operator $131.00 8" Submersible Pump wl generator no -operator $205.00 Mobilization Lowboy tractor & trailer $240.00 Boom truck & trailer $209.00 Roll off truck $165.00 Flatbed tractor & trailer $189.00 5 yard dump truck & trailer (typical mobile skid loader setup) $154.00 Tri-axle dumR truck & trailer(typical tractor backhoe setup) $193.00 On road trucks & trailers Rolloff Container (Delivery/Pickup (Delivery/Pickup& Disposal of Asbestos Material) $750.00/ea Quad -axle dump truck $148.00 Quint -axle dump truck $148.00 Super 18 dump truck $148.00 Belly dump tractor & trailer $160.00 Side dump tractor & trailer $160.00 Demolition end dump tractor & trailer $160.00 End dump tractor & trailer non -demolition $157.00 lWalking floor tractor & trailer $157.00 Page 2 of 4 On road trucks & trailers continued Equipment service truck w/ mechanic $159.00 Wet/Dry Vac Truck $166.00 Comb Jetter Vac Truck $166.00 On road trucks & trailers continued Jetter Truck w/vac Trailer (locator truck) $170.00 Vactor trailer - no operator $25.00 Jetstream hydro blaster $177.00 Televising truck $169.00 Skid loader trailer - no operator $20.00 Inversion truck $262.00 Steam & power semi -trailers (CIPP) (no operator $342.00 Reefer truck or semi -trailer - refrigerated (no operator) $238.00 Cues cutter or sealer TV van (no operator) $169.00 Water truck $177.00 1 ton flatbed or 1 ton pickup truck - no operator $51.00 1 ton cargo van - no operator $51.00 Pickup truck - no operator $34.00 Accessories Portable pressure washer - no operator $34.00 *4" hydraulic water pump w/ ower unit - no operator - Dail $376.00 *6" hydraulic water pump w/ ower unit - no operator - Dail $387.00 *10" hydraulic water pump w/roll off bed - no operator - Dail $412.00 180 Brokk w/ enerator - no operator $130.00 330 Brokk w/ enerator - no operator $130.00 TSC213 Trimble GPS rover setup - no operator $37.00 *Disc - no tractor/no operator - Dail $262.00 Tractor $217.00 T512 screener w/stacker - no o erator $229.00 *John Deere 6x6 6-wheel Gator - no operator - Dail $150.00 *Arctic Cat 44 4-wheeler - no operator - Dail $150.00 Easement machine - no operator $14.00 JLG scissor lift - no operator $28.00 Portable concrete saw (walk behind) - no operator $21.00 *Power dum bu - no operator - Dail $206.00 *175-185CFM air compressor - no operator - Dail $232.00 *375CFM air compressor - no operator - Dail $284.00 *600CFM air compressor - no operator - Dail $370.00 *1000 CFM air compressor - no operator - Dail $1026.00 *1600CFM air compressor - no operator - Daily $1,075.00 *Portable generator (any size - no operator - Dail $346.00 Grout plant - no operator $39.00 Concrete pump - no operator $42.00 Portable hydraulic Rower unit - no operator $235.00 *6" - 20" fusing machine - no operator - Dail $629.00 *Trench box (12' to 24') - no operator - Daily $220.00 *Inversion tower CIPP) - no operator - Dail $688,00 *CIPP wet -out table - no operator - Dail $575.00 *Portable welder - no operator - Dail $309.00 *Monsoon water blaster dust control - no operator - Daily $66.00 Lark tug boat $170.00 Roscoe street sweeper (throw broom) $1 WOO *Light plant - no operator - Dail $234.00 *Haz-mat de -con trailer - no operator - Dail $208.00 *Office trailer - no operator - Dail $208.00 *Conex Box / Trailer - Dail $150.00 Page 3 of 4 Heavy Highway Personnel Description Superintendent or Foreman w/ Pick U $134.00 Overtime w/ Pick U $167.00 Double time w/ Pick Up $201.00 Operator $94.00 Overtime $125.00 Double time $156.00 Laborer $92.00 Overtime $118.00 Double time $144.00 Asbestos Superintendent $134.00 Overtime $167.00 Double time $201.00 Asbestos Worker $120.00 Overtime $153,00 Double time $187.00 Teamster $80.00 Overtime $106.00 Double time $131.00 Surveyor w/E ui ment/Pick U $162.00 Overtime w/ Equipment/ Pick Up $188.00 Double time w/ Equipment/ Pick U $214.00 Building Trades Personnel Description BT Superintendent or Foreman w/ Pick U $160.00 Overtime w/ Pick U $185.00 Double time w/ Pick Up $218.00 BT Operator $116.00 Overtime $144.00 Double time $177.00 BT Piledriver $115.00 Overtime $141.00 Double time $170.00 BT Laborer $113.00 Overtime $137.00 Double time $168.00 Page 4 of 4 Extra Work Summary Veit & Company, Inc. Project Name: Civic Center Park Existing City Hall Demolition Site Address: 4401 Xylon Ave. N., New Hope, MN 65428 Veit Project #: 190072 Veit Project Manager: Jason Mueller Description of Work: Recently, determination was made that the existing Xcel Energy electrical transformer, which currently sits immediately adjancent to the existing building along the West side, is to remain in place until September. This does not work for the building demolition scope of work as we had anticipated that it would be removed during the electrical disconnect process for the building demolition. Becuase it now will remain during our demolition operations, the unit will need to be protected in some form or fashion Veit would propose to mobilize a steel protection box which would be temporarily placed over top of the tranformer during the above grade building demolition operations. The following are additional costs associated with temporay protection of the transformer. Delivery & Pickup of Protection Box. Unloading, setting, removal/picking, and reloading of box. Slow down of equipment during demolition opertaions Rental of Protection Box. Veit Labor & Equipment Unit Cost $ Q Q Q Qty Unit Total Qty Total $ Rolloff Trucking (Delivery/Pickup of Box) 5 148.00 7.00 HRS 7.00 $ 1,036.00 330 Demlition Excavator with Operator $ 275.00 4.00 HRS 4.00 $ 1,100.00 Laborer $ 92.00 4.00 HRS 4.00 $ 368.00 Working Foreman w/Truck $ 134.00 4.00 HRS 4.00 $ 536.00 $ 0.00 $ $ - 0.00 $ - Labor & Equipment Subtotal = S 3,040.00 Materials Unit Cost $ 110 Qty 110 1/0 1/0 1/0 1/0 1/0 Q 1/0 Unit Total Q Total S Rental of Veit Protection Box S 250.00 1 LS 1 $ 250.00 $ - 0 $ $ 0 $ - $ - 0 $ Materials Subtotal = S 250.00 Disposal Unit Cost $ 110 Qty 1/0 Qty 110 Qty 1/0 Qty 1/0 1/0 Qty Qty 1/0 1/0 Qty Unit Total Qty Total $ $ 0 $ S 0 $ Disposal Subtotal = S Subcontractors Unit Cost $ 1/0 QtyQtY 1/0 1/0 Qty 1/0 City 1/0 Qty 1/0 1/0 1/0 Qty Unit Total Q Total $ $ tl $ - $ - o $ o $ Subcontractors Subtotal = $ Notes: It should be noted that portions of the existing building foundations, retaining wall, and tree stumps may not be able to be removed due to the temporarily remaining active transformer and buried electical lines. The above noted additional costs do not include any remobilization for removal or lost productions associated with any items that may need to remain in place becuase of the active services. 15 % Markup on Materials = $ 37.50 15% Markup on Disposal= $ - 5 % Markup on Subs = $ Subtotal Additional Work = $ 3,327.50 Bond 1 % _ $ 33.28 Total Additional Work = $ 3,360.78 Request for Action September 23, 2019 Approved by: Kirk McDonald, City Manager Originating Department: Parks & Recreation By: Susan Rader, Director Agenda Section Consent Item Number 6.8 Agenda Title Resolution approving Change Order No. 2 in the amount of $2,000 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) Requested Action Staff requests that the City Council approve change order no. 2 to the contract for the city hall demolition project (improvement project no. 994) in the amount of $2,000 to Veit & Company, Inc. for the substantial completion incentive. Policy/Past Practice The City Council routinely considers improvement projects to improve the facilities or a level of service. An incentive completion date was chosen for this project to facilitate a quicker completion time. Background The City Council awarded a construction contract to Veit & Company, Inc. at the March 25, 2019 council meeting in the amount of $250,811.48. Since the start of the project, the following change orders have been approved: Change Order Date Item Amount Change Order #1- 8.26.19 Asbestos Removal and Protection of Temp Power $25,903.46 An incentive was placed in the contract that rewarded Veit & Company, Inc. $2,000 if they completed all work by the following milestones: • Phase 1: Demolition of the theater, shelter, hockey rink boards and lights, and associated pavement and surface removals by April 12, 2019. Phase 2: Demolition of the city hall and associated pavement and surface removals by August 18, 2019. • Substantial Completion by August 18, 2019. The purpose of this incentive was to mitigate the construction impact period for the pool contractor. Veit & Company, Inc. worked diligently to meet these completion dates despite challenging weather and the additional removal of asbestos. They have met the incentive requirements and are eligible for the incentive payment. The change order increases the contract amount from $276,714.94 to $278,714.94. Staff recommends approval of the resolution approving the change order. I: \ RFA \ PUBW ORKS \?�WCounci1 \ 999 2018 MSA Boone Avenue \ 10-15 Change order 1 incentive payment Attachments a Resolution Letter from Stantec Consulting Services Letter re: Change Order No. 2 Change Order No. 2 City of New Hope Resolution No. 19-100 Resolution approving Change Order No. 2 in the amount of $2,000 with Veit & Company, Inc. for the city hall demolition project (Improvement Project No. 994) WHEREAS, city staff have reviewed the request for change order no. 2 from Veit & Company, Inc. relating to the contract for the city hall demolition project to compensate Veit & Company, Inc. for meeting the Substantial Completion incentive; and WHEREAS, Veit & Company, Inc. change order no. 2, prepared by the City Engineer is attached hereto and requests that the Substantial Completion incentive of $2,000 be approved and paid; and WHEREAS, the City Council briefly reviewed the upcoming change order items with city engineer Dan Boyum at the September 16, 2019 work session; and WHEREAS, the original contract with Veit & Company, Inc. was in the amount of $250,811.48; and WHEREAS, at the August 26, 2019 city council meeting change order no. 1 was approved in the amount of $25,903.46, which increased the contract amount to $276,714.94; and WHEREAS, change order no. 2 increases the contract amount to 278,714.94; and WHEREAS, Stantec Engineers and staff recommend approval of the change order. NOW, THEREFORE, BE IT RESOLVED: by the City Council of the City of New Hope that the Change Order No. 2 to the Veit & Company, Inc. contract is approved in the amount of $2,000, and that all other respects the contract shall remain in full force and effect according to its terms. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 23rd day of September, 2019. rF Mayor Attest: LULZ CL-L-.0- City Clerk Stantec Consulting Services Inc. 733 Marquette Avenue, Suite 1000 Stantec Minneapolis, MN 55402 September 16, 2019 File: 193804336 Attention: Susan Rader Director of Parks and Recreation City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Reference: Change Order No. 2 - Civic Center Park - Existing City Hall Demolition City Project No: 994 Dear Susan, As requested, we have prepared Change Order No. 2 to compensate Veit & Company for the Substantial Completion Incentive payment of $2,000.00. The goal for the incentive payment within the contract was to incentivize contractors to complete work on schedule, in efforts to mitigate the construction impact period and coordination at the Civic Center Park Site. Since the applicable work on the demolition project has been completed by the substantial completion date of August 18, 2019, Veit & Company has met the incentive requirements and are therefore eligible for the incentive payment. If you have any questions or require further information, please call me at (612) 712-2021. Sincerely, STAAINTECCONSULTING SERVICES INC. Dan D. Boyum, P,E.' Attachments: • Civic Center Park- Existing City Hall Demolition -Change Order No. 2 Cc: Kirk McDonald, Volorie Leone, Jeff Sargent, Bernie Weber- New Hope; Stacy Woods - City Attorney; Dave Ahrens, Lucas Miller, Ann Dienhart - Stantec. 'design Wltl' In mind 5tanter: Dwner: City of New Hope.4401 Xylon Avenue North , New Hope, MN, 55428 Date September 16, 2015 2ontractor: Veit & Compony, Inc., 1400 Veit Place, Rogers, MN 55374 3ond Cc: Western Surety Co., 151 N. Franklin St., Chicago, IL 60606 Bond No: 30059059 CHANGE ORDER NO.2 CIVIC CENTER PARK- EXISTING CITY HALL DEMOLITION CLIENT PROJECT NO. 941 & 994 STANTEC FILE NO. 193804336 Descri lion of Work Change Order No. 1 provides for: This Change OrrJer provides for payment of the Substantial Completion Incenfive of $2,000.00 as per Paragraph 4.04 in Section 00 52 10 of the Project Manual. The Contractor has met all of the incentive requirements, and is therefore eligible for the incentive payment. This Change Order does not provide for any change in the Substantial or Final Completion dates for this project. No. Item Unit Quantify Price Amount CHANGE ORDER NO.2 1 INCENTIVE PAYMENT LS 1 $2,000.00 $2,000.00 TOTAL CHANGE ORDER NO. 2: $2,000.00 Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount (including this change order) CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion (days or date): Ready for final Payment (days or date) : Increase of this Change Order: Substantial Completion (days or date): Ready for final Payment (days or date): Contract Time with all approved Change Orders: Substantial Completion (days or date): Ready for final Payment (days or date): Recommended for Approval by: STANTEC Approved by Contractor: VEIT b COMPANY, INC. - --- %- �� - 8nw., olk Date cc: Owner Contractor Stantec Consulting Services Inc, Date: Approved by Owner: CITY EW HOPE 9.�5 Date $250,81 1.48 $25,903.46 $2,000.00 $278,714.94 1938004336CO2.xlsm alliantgroup October 20, 2020 Sent Via USPS CMRR# : 7020 0640 0000 8294 6666 Mr. Kirk McDonald City Manager City of New Hope 4401 Xylon Ave. N. New Hope, MN 55428 Re: City of New Hope — Energy Efficient Commercial Building Deduction Mr. McDonald: Thank you so much for participating in the Section 179D Energy -Efficient Commercial Building Tax Deduction program. As you are aware, alliantgroup completed an Energy - Efficient Commercial Building Tax Deduction study for City of New Hope. As required by U.S. Tax Code § 179D, notification must be given to the building owner regarding the energy efficient features of the building and the building's projected annual energy costs. Several government entities that we work with have requested a compilation of all analyzed properties because of the recent challenges associated with COVID-19 and U.S. Postal Service delays. As a result, we have prepared this letter and courtesy copies of all notices of allocated buildings claimed by taxpayers since January I ", 2019. Please note that this is simply a courtesy to you and alliantgroup does not require any action on your end pertaining to this matter. Thank you for the opportunity to work with City of New Hope on this Energy -Efficient Commercial Building Tax Deduction Study. We look forward to working with you in the future. Should you have any questions or concerns, please feel free to contact me at Andres.Arroyo@alIiantgroup.com. Very truly yours, Andres Arroyo Associate Director, z �, i 3009 POST OAK BOULEVARD, SUITE 2000 I HOUSTON, TEXAS 77056 www.alliantgroup.com 1 800.564.4540 February 14, 2020 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: City of New Hope New Hope Police and City Hall Commission No. 172007 Dear Kirk: As design professionals to public sector clients, Wold Architects and Engineers has a long history and mission of not only tailoring the design to meet your needs, but of providing high - quality, energy -efficient design solutions. This practice closely aligns with the United States Energy Policy Act of 2005 for enhanced energy efficiency and power use (179D). 179D, a Federal law enacted in 2005, provides incentives for private and government building owners to specify and install energy -efficient lighting, mechanical systems and building envelopes to not only lower energy use of facilities in the United States but to create jobs in the construction industry. Wold is currently exploring 179D as it applies to energy -efficient design for our clients and job creation for our industry. Attached is a brief description of 179D and how it is applied to government -owned buildings. It appears to be a win -win for building owners and designers. We would be interested in pursuing the possibility of your building qualifying for this program. We appreciate your support in this regard. Thank you. Sincerely, WOLD ARCHITECTS AND ENGINEERS ko a Joel L. Dunnin"ALk, EDAP Partner cc: Matt Mooney, Wold N/Adminlnfofremplates/Let ters/179D/MN Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 woldae.com 1 651 227 7773 PLANNERS ARCHITECTS ENGINEERS 179D CONCEPTS: • Private building owners and public building designers are eligible for a tax deduction based upon level of energy efficient design features that are incorporated in a specific building. • The law recognizes public building owners cannot use such a tax deduction and allows a public building owner to "allocate" the 179D opportunity to the "primary designer" of the building. • A 3rd party verifier must be hired to attest to the installation of design features and to calculate energy savings for a "primary designer" to apply for a tax deduction. • The tax deduction can be used to offset some corporate taxes due by the design firm (and pay for the 3,d party verification). 3RD PARTY VERIFIER (Hired by Wold): • 3,d party verifier will perform energy modeling to calculate energy savings. 3rd party verifier will make an onsite visit to certify building components are installed as designed by the "primary designer". BENEFITS TO GOVERNMENT BUILDING OWNERS: • Your building is recognized as EPAct Certified. • A 3rd party verifies building energy design is actually in place. • Your trusted Architect and Engineer further motivated to find energy saving solutions for each project. • Your reduction in energy use lowers operating costs and reduces the facility's carbon footprint. Transfer of 179D tax deduction Under the provisions set forth by the Internal Revenue Service, (Notice 2008-40, Section 3. Special Rule for Government — Owned Buildings, the undersigned do hereby acknowledge this document as execution of transfer of allowable 179D tax deduction for the 'Public Building' from'Owner' to the 'Primary Designer'. SECTION 3. SPECIAL RULE FOR GOVERNMENT -OWNED BUILDINGS .01 In General . In the case of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) that is installed on or in property owned by a Federal, State, or local government or a political subdivision thereof, the owner of the property may allocate the § 179D deduction to the person primarily responsible for designing the property (the designer). If the allocation of a § 179D deduction to a designer satisfies the requirements of this section, the deduction will be allowed only to that designer. The deduction will be allowed to the designer for the taxable year that includes the date on which the property is placed in service. .02 Designer of Government-Ozoned Buildings. A designer is a person that creates the technical specifications for installation of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D). A designer may include, for example, an architect, engineer, contractor, environmental consultant or energy services provider who creates the technical specifications for a new building or an addition to an existing building that incorporates energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D). A person that merely installs, repairs, or maintains the property is not a designer. .03 Allocation of the Deduction. If more than one designer is responsible for creating the technical specifications for installation of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) on or in a government -owned building, the owner of the building shall — (1) determine which designer is primarily responsible and allocate the full deduction to that designer, or (2) at the owner's discretion, allocate the deduction among several designers. .04 Form of Allocation. An allocation of the $ 179D deduction to the designer of a government -owned building must be in writing and will be treated as satisfying the requirements of this section with respect to energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) if the allocation contains all of the following: (1) The name, address, and telephone number of an authorized representative of the owner of the government -owned building; (2) The name, address, and telephone number of an authorized representative of the designer receiving the allocation of the § 179D deduction; (3) The address of the government -owned building on or in which the property is installed; (4) The cost of the property; (5) The date the property is placed in service; (6) The amount of the § 179D deduction allocated to the designer; (7) The signatures of the authorized representatives of both the owner of the government -owned building and the designer or the designer's authorized representative; and (8) A declaration, applicable to the allocation and any accompanying documents, signed by the authorized representative of the owner of the government -owned building, in the following form: "Under penalties of perjury, I declare that I have examined this allocation, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete." .05 Obligations of Designer. Before a designer may claim the § 179D deduction with respect to property installed on or in a government -owned building, the designer must obtain the written allocation described in section 3.04. A designer is not required to attach the allocation to the return on which the deduction is taken. However, § 1.6001-1(a) of the Income Tax Regulations requires that taxpayers maintain such books and records as are sufficient to establish the entitlement to, and amount of, any deduction claimed by the taxpayer. Accordingly, a designer claiming a deduction under § 179D should retain the allocation as part of the taxpayer's records for purposes of § 1.6001-1(a) of the Income Tax Regulations. .06 Tax Consequences to Designer of Government -Owned Buildings. The maximum amount of the § 176D deduction to be allocated to the designer is the amount of the costs incurred by the owner of the government -owned building to place the energy efficient commercial building property in service. A partial deduction may be allocated and computed in accordance with the procedures set forth in sections 2 and 3 of Notice 2006-52. The designer does not include any amount in income on account of the § 179D deduction allocated to the designer. In addition, the designer is not required to reduce future deductions by an amount equal to the § 179D deduction allocated to the designer. Although reducing future deductions in this manner would provide equivalent treatment for designers that are allocated a § 179D deduction and building owners that are required to reduce the basis of their energy efficient commercial building property by the amount of the § 179D deduction they claim, § 179D does not provide for any reductions other than reductions to the basis of the energy efficient commercial building property. .07 Tax Consequences to Owner of Public Building. The owner of the public building is not required to include any amount in income on account of the § 179D deduction allocated to the designer. The owner of the public building is, however, required to reduce the basis of the energy efficient commercial building property (or partially qualifying commercial building property) by the amount of the § 179D deduction allocated. Cost of the Property $15,000,000 Property placed in service on September 2019 179D deduction allocated to Designer 100% Owner I declare that I have examined this allocation, including accompanying documents and the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. That the building agrees with intended Plans Specifications and Change Orders. Name: City of New HoRe Address: 4401 Xylon Avenue North City: lNew Hopes State: Minnesota Zip Code: 55428 Phone Number: 763-531-5100 Owner or Authorized Representative: Kirk McDonald, Cit Signature. � � i_ ��� r Primary Designer I declare that I have examined this allocation, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. Name: Wold Architects Inc r e Address: 332 Minnesota Street Suite W200 City: Saint Paul_ Phone Number: 651-227-7773 Qualification: _ Signature: _ Public Building Name: New Hope Police and City Hall Address: 4401 ?Cy_l_on Avenue North State: Minnesota _ Zip Code: 55101 5.5.2020 City: New Hopp State: Minnesota Zip Code: 55428 nwo, Building Name: I New Hope Police and City Hall Building Address: 4401 Xylon Ave. N. New Hope, MN 55428 179D Deduction Amount: 1 $114,400 Below is a list of the energy efficient features installed on or in the building as part of a plan designed to reduce the total annual energy cost in comparison to a reference building which meets the minimum requirements of ASHRAE (American Society of Heating and Refrigeration, and Air -Conditioning Engineers) Standard 90.1-2007. Projected Annual Energy Cost: 1 $63,832 HVAC and Hot Water Systems: • Air Handling Unit • Dedicated Outdoor Air System • Energy Recovery Ventilator • Variable Air Volume Terminal Units with Reheat • Condensing Hot Water Boiler • Demand Controlled Ventilation Please note that the projected annual energy cost may vary from the building's actual energy cost due to the exclusion of process loads, exterior lighting, variations in occupancy, and variations in usage schedules among other variables. February 14, 2020 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: City of New Hope New Hope Police and City Hall Commission No. 172007 Dear Kirk: As design professionals to public sector clients, Wold Architects and Engineers has a long history and mission of not only tailoring the design to meet your needs, but of providing high - quality, energy -efficient design solutions. This practice closely aligns with the United States Energy Policy Act of 2005 for enhanced energy efficiency and power use (179D). 179D, a Federal law enacted in 2005, provides incentives for private and government building owners to specify and install energy -efficient lighting, mechanical systems and building envelopes to not only lower energy use of facilities in the United States but to create jobs in the construction industry. Wold is currently exploring 179D as it applies to energy -efficient design for our clients and job creation for our industry. Attached is a brief description of 179D and how it is applied to government -owned buildings. It appears to be a win -win for building owners and designers. We would be interested in pursuing the possibility of your building qualifying for this program. We appreciate your support in this regard. Thank you. Sincerely, WOLD ARCHITECTS AND ENGINEERS k ft 46 Joel L. Dunnin"AIA, ED AP Partner cc: Matt Mooney, Wold N/AdminInfo/Templates/Letters/179D/MN Wold Architects and Engineers PLANNERS 332 Minnesota Street, Suite W2000 ARCHITECTS Saint Paul, MN 55101 woldae.com 1 651 227 7773 ENGINEERS 179D CONCEPTS: • Private building owners and public building designers are eligible for a tax deduction based upon level of energy efficient design features that are incorporated in a specific building. ■ The law recognizes public building owners cannot use such a tax deduction and allows a public building owner to "allocate" the 179D opportunity to the "primary designer" of the building. • A 3rd party verifier must be hired to attest to the installation of design features and to calculate energy savings for a "primary designer" to apply for a tax deduction. • The tax deduction can be used to offset some corporate taxes due by the design firm (and pay for the 3rd party verification). 3RD PARTY VERIFIER (Hired by Wold): • 3rd party verifier will perform energy modeling to calculate energy savings. • 3rd party verifier will make an onsite visit to certify building components are installed as designed by the "primary designer". BENEFITS TO GOVERNMENT BUILDING OWNERS: ■ Your building is recognized as EPAct Certified. • A 3rd party verifies building energy design is actually in place. • Your trusted Architect and Engineer further motivated to find energy saving solutions for each project. ■ Your reduction in energy use lowers operating costs and reduces the facility's carbon footprint. Transfer of 179D tax deduction Under the provisions set forth by the Internal Revenue Service, (Notice 2008-40, Section 3. Special Rule for Government — Owned Buildings, the undersigned do hereby acknowledge this document as execution of transfer of allowable 179D tax deduction for the 'Public Building' from 'Owner' to the 'Primary Designer'. SECTION 3. SPECIAL RULE FOR GOVERNMENT -OWNED BUILDINGS .01 In General . In the case of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) that is installed on or in property owned by a Federal, State, or local government or a political subdivision thereof, the owner of the property may allocate the § 179D deduction to the person primarily responsible for designing the property (the designer). If the allocation of a § 179D deduction to a designer satisfies the requirements of this section, the deduction will be allowed only to that designer. The deduction will be allowed to the designer for the taxable year that includes the date on which the property is placed in service. .02 Designer of Government-Ozvned Buildings. A designer is a person that creates the technical specifications for installation of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D). A designer may include, for example, an architect, engineer, contractor, environmental consultant or energy services provider who creates the technical specifications for a new building or an addition to an existing building that incorporates energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D). A person that merely installs, repairs, or maintains the property is not a designer. .03 Allocation of the Deduction. If more than one designer is responsible for creating the technical specifications for installation of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) on or in a government -owned building, the owner of the building shall — (1) determine which designer is primarily responsible and allocate the full deduction to that designer, or (2) at the owner's discretion, allocate the deduction among several designers. .04 Form of Allocation. An allocation of the $ 179D deduction to the designer of a government -owned building must be in writing and will be treated as satisfying the requirements of this section with respect to energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under § 179D) if the allocation contains all of the following: (1) The name, address, and telephone number of an authorized representative of the owner of the government -owned building; (2) The name, address, and telephone number of an authorized representative of the designer receiving the allocation of the § 179D deduction; (3) The address of the government -owned building on or in which the property is installed; (4) The cost of the property; (5) The date the property is placed in service; (6) The amount of the § 179D deduction allocated to the designer; (7) The signatures of the authorized representatives of both the owner of the government -owned building and the designer or the designer's authorized representative; and (8) A declaration, applicable to the allocation and any accompanying documents, signed by the authorized representative of the owner of the government -owned building, in the following form: "Under penalties of perjury, I declare that I have examined this allocation, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete." .05 Obligations of Designer. Before a designer may claim the § 179D deduction with respect to property installed on or in a government -owned building, the designer must obtain the written allocation described in section 3.04. A designer is not required to attach the allocation to the return on which the deduction is taken. However, § 1.6001-1(a) of the Income Tax Regulations requires that taxpayers maintain such books and records as are sufficient to establish the entitlement to, and amount of, any deduction claimed by the taxpayer. Accordingly, a designer claiming a deduction under § 179D should retain the allocation as part of the taxpayer's records for purposes of § 1.6001-1(a) of the Income Tax Regulations. .06 Tax Consequences to Designer of Government -Owned Buildings. The maximum amount of the § 176D deduction to be allocated to the designer is the amount of the costs incurred by the owner of the government -owned building to place the energy efficient commercial building property in service. A partial deduction may be allocated and computed in accordance with the procedures set forth in sections 2 and 3 of Notice 2006-52. The designer does not include any amount in income on account of the § 179D deduction allocated to the designer. In addition, the designer is not required to reduce future deductions by an amount equal to the § 179D deduction allocated to the designer. Although reducing future deductions in this manner would provide equivalent treatment for designers that are allocated a § 179D deduction and building owners that are required to reduce the basis of their energy efficient commercial building property by the amount of the § 179D deduction they claim, § 179D does not provide for any reductions other than reductions to the basis of the energy efficient commercial building property. .07 Tax Consequences to Owner of Public Building. The owner of the public building is not required to include any amount in income on account of the § 179D deduction allocated to the designer. The owner of the public building is, however, required to reduce the basis of the energy efficient commercial building property (or partially qualifying commercial building property) by the amount of the § 179D deduction allocated. Cost of the Property $15,000,000 Property placed in service on September 2019 179D deduction allocated to Designer 100% Owner I declare that I have examined this allocation, including accompanying documents and the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. That the building agrees with intended Plans Specifications and Change Orders. Name: City of New Hope Address: 4401 X lon Avenue North City: New Hope State: Minnesota Zip Code: 55428 Phone Number: Owner or Authorized Representative: Signature: Primary Designer I declare that I have examined this allocation, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. Name: Wold Architects, Incorporated Address: 332 Minnesota Street, Suite W2000 City: Saint Paul State: Minnesota Zip Code: 55101 Phone Number: 651-227-7773 Qualification: Signature: Public Building Name: New Hope Police and City Hall Address: 4403 X lon Avenue North City: New Hope State: Minnesota Zip Code: 55428 Cost of the Property $15,000,000 Property placed in service on September 2019 179D deduction allocated to Designer 100% Owner I declare that I have examined this allocation, including accompanying documents and the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. That the building agrees with intended Plans Specifications and Change Orders. Name: City of New Hope Address: 4401 X,ylon Avenue North City: New Hope State: Minnesota Zip Code: 55428 Phone Number: 763-531-5100 Owner or Authorized Representative: 1Kirk McDonald, City Manager Signature: Primary Designer I declare that I have examined this allocation, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this allocation are true, correct, and complete. Name: Wold Architects, Incorp_o_rated Address: 332 Minnesota Street, Suite W2000 City: Saint Paul State: Minnesota Zip Code: 55101 Phone Number: 651-2-27-7773 Qualification: Signature: Public Building Name: New Hope Police and City Hall Address: 4401 Xylon Avenue North _ City: New Hope State: Minnesota Zip Code: 55428 Request for Action November 27, 2017 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Sargent, Director Agenda Section Development & Planning Item Number 8.3 Agenda Title Resolution approving Site Plan for City Hall and Police Department 4401 Xylon Avenue N. (Planning Case 17-14) Requested Action Staff requests that the City Council approve a resolution approving Planning Case 17-14, a request for a Site Plan approval to construct a new 66,000 s.f. Police Department/City Hall facility at 4401 Xylon Avenue N. Policy/Past Practice The City Council has approved site plan applications in the past that are in compliance with city code and do not have an adverse effect on the neighborhood. Background On March 25, 2013, the city hired Wold Architects to conduct a space needs study for the current City Hall building. The purpose of the study was to ascertain whether the current space and set-up of City Hall met the needs for conducting business in an appropriate manner. The results of the study indicated that City Hall is currently undersized for the level of service that city employees are expected to give, which was especially apparent in the Police Department. A citizen task force was created to make a recommendation to the City Council as the where the most appropriate location for a new building would be. During this process, various locations were taken into consideration, including a joint project with Independent School District #281 for the construction of a new building near the intersection of Winnetka and 42nd avenues, a location on the Kmart Shopping Center site, and various locations within the Civic Park site where City Hall currently resides. It was determined that the best possible location for a new building would be somewhere within the current Civic Park property. On January 11, 2016, Wold Architects was hired to study the various site options for the Police Department/City Hall. After much consideration, the citizen task force made a recommendation to the City Council at the September 19, 2016, City Council meeting to locate the new building on the pool site, given several factors. The major driving force behind the location of the new building on the pool site was the soil conditions of the property. Other considerations such as location in proximity to adjacent residential property owners, cost of a new building, and public access to the new building were taken into consideration by the task force when recommending the pool site for the location of a new building. The City Council ultimately agreed that the best location for the new Police Department/City Hall would be on the pool site. One condition for this determination made by the Council was that a new swimming pool would be constructed somewhere within Civic Park in the future. Zoning Analysis The proposed use is located in the GPO, Government and Public Open Space District, and meets all the minimum requirements for setbacks, site access, circulation, and all other zoning standards. I:\RFA\COMM DEV\Planning\PC 17-14\Q & R -PC 17-14 City Hall Site Plan.docx Request for Action, Page 2 Recommendation This request was presented to the Planning Commission at the October 3, 2017 Planning Commission meeting. The Planning Commission recommended approval with a 9-0 vote. Staff recommends that the City Council approve the resolution approving the site plan review for the construction of a new Police Department/City Hall for the city of New Hope. Attachments 10 Resolution For more information regarding this planning case, please refer to the October 3, 2017, Planning Commission packet. RESOLUTION NO.2017-134 RESOLUTION APPROVING SITE PLAN FOR CITY HALL AND POLICE DEPARTMENT 4401 XYLON AVENUE NORTH (New Hope Planning Case 17-14) BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City of New Hope, a Minnesota municipal corporation (the "Owner") has submitted development plans for the construction of a new 66,000 square feet City Hall and Police Department building ("New City Hall") to be located on the existing City swimming pool site to replace the existing City Hall and Police Department facilities located at 4401 Xylon Avenue North in the City of New Hope (the "Property"); and WHEREAS, the Property is located in the GPO, Governmental, Park and Open Space District; and WHEREAS, Owner has petitioned the City as part of New Hope Planning Case 17-14 for Site Plan approval, to allow for the construction of the New City Hall on the Property; and WHEREAS, the New City Hall provides an opportunity for the construction of the New City Hall adjacent to the existing City Hall to better accommodate the needs of the City and the Police Department to provide the expected level of service to City residents which is a priority of the City; and WHEREAS, said Site Plan is in all respects consistent with the City's Comprehensive Plan and Design Guidelines, zoning and platting code and the regulations and laws of the State of Minnesota; and WHEREAS, based on the City Staff Planning Case Report dated September 15, 2017, this Resolution incorporates the findings set forth therein; and WHEREAS, the Planning Commission held a public hearing and considered the matter at its meeting on October 3, 2017; and WHEREAS, the Planning Commission, after a complete review of the issues involved, recommended the City Council approve the request; and WHEREAS, the City Council has considered Planning Case 17-14 for the New City Hall at its meeting of November 27, 2017. —1— NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope that the Site Plan for the New City Hall as identified in New Hope Planning Case 17-14 shall be approved. Dated the 27th day of November, 2017. Attest: Z-vl_e� Valerie Leone, City Clerk C tje Kathi He e , Mayor P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-21714 City Hall Police Department\Resolution approving site plan.docx —2— Request for Action December 11, 2017 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Kirk McDonald, City Manager Agenda Section Development & Planning Item Number 8.2 Agenda Title Resolution awarding contract to Terra General Contractors, LLC for construction of a new police station and city hall facility and authorizing Wold Architects to proceed with construction services phase (improvement project no. 994) Requested Action Staff requests that the City Council approve the attached resolution relating to construction of a new police station and city hall facility. The Council discussed this issue at the special work session held on December 4. Representatives from Wold Architects will be in attendance. Policy/Past Practice The City Council has entered into contracts for capital improvement projects in the past, including street infrastructure projects and projects to construct or improve other city facilities including the golf course clubhouse and ice arena. The city has also entered into professional services in the past and is authorized to do so by state statute. In 2013, the city solicited proposals for a space needs analysis and selected Wold Architects to complete the study. Wold Architects has completed similar projects for the cities of Richfield and Cottage Grove and several other metro area and out-of-state communities. Background The city has been discussing the space needs issue since 2013 and a citizen task force was formed in 2015 to solicit community input for the study. The Task Force submitted reports in 2015 and 2016 with recommendations to replace the current building. Three public open houses have been held to gather community feedback. On January 9, 2017, Council approved a five -phase contract for design and construction services with Wold Architects and Engineers. The phases are: • Schematic Design ■ Design Development ■ Construction Documents • Bids ■ Construction Services It was agreed that after the completion of each phase, the documents would be presented to the Council for formal acceptance before proceeding to the next phase. The schematic design plans were shared with the space needs task force on April 20, were reviewed with the Council at the May 15 work session and the plans were approved with authorization to proceed with the design development phase at the May 22 council meeting. The design development plans were reviewed with the Council at the August 21 work session and the plans were approved with authorization to proceed with construction documents at the August 28 council meeting. The construction documents were reviewed with the Council at the October 16 work session and approved with authorization to proceed with bid phase services at the October 23 council meeting. The bid documents and detailed plans were reviewed with the core group (department heads, city clerk, communications coordinator, city engineer and mayor) on November 14. The architect opened bids on November 30 and I:\RFA\City Manager\ 2017\ Council Meetings\Project 994 contract award\Q-award constr contract 99412.11.17.docx Request for Action, Page 2 reviewed the bids and alternates with staff on December 1. The Council reviewed the bids at the December 4 special work session. There were a total of 19 general contractor bids, with the low base bid being submitted by Terra General Contractors in the amount of $14,780,000. A total of eight alternates were bid and Wold Architects and staff are recommending awarding alternates 4, 7, and 8, as follows: Item Amount Base Bid $14,780,000 Alternate 4 — heated sidewalk from entrances to curb line Add 52,000 Alternate 7 — radio amplification system Add 6,500 Alternate 8 — generator manufacturer Deduct (46,000) Total $14,792,500 The attached resolution approves awarding a construction contract to Terra General Contractors, LLC for $14,792,500 and authorizes execution of the contract. The contractor has previously completed projects at the Anoka County Courthouse, Rogers High School, Maplewood Fire Department, and Bloomington Aquatic Center. If the Council awards a contract, the Council is requested to authorize Wold Architects to proceed with the construction services portion of their contract with the city. Contract administration accounts for 20% of architectural services. Contract administration services begin with the initial contract for construction and terminate when the final certificate of payment is issued. The architect's core responsibility during this phase is to help the contractor build the project as specified in the construction documents as approved by the owner. Questions may arise on site that require the architect to develop architectural sketches: drawings issued after construction documents have been released that offer additional clarification to finish the project properly. Different situations may require the architect to issue a change in services to complete the project. Deliverables: A successfully built and contracted project is the final phase of contract administration. The attached resolution also authorizes Wold Architects to proceed with the construction services phase. Staff extends its appreciation to the Space Needs Task Force for their assistance over the past three years on this project and will continue to seek community input as decisions are made in the future on the pool replacement and park improvements projects. Attachments • Resolution • Wold Architects' Presentation and Cost Analysis • Wold Architect 1/9/17 Contract for Design/Construction Services • Excerpts of 2015 Space Needs Task Force Report — Facility Analysis • Excerpts of 2016 Space Needs Task Force Report • Construction Timeline City of New Hope Resolution No. 17-143 Resolution awarding contract to Terra General Contractors, LLC for construction of police station and city hall facility and authorizing Wold Architects to proceed with construction services phase (improvement project no. 994) WHEREAS, a space needs study was commenced in 2013 to determine the need for construction of a new police station and city hall facility, and a citizen task force committee was formed in 2015 to solicit community input and assist with community open houses; and WHEREAS, the City Council accepted the task force committee's recommendation to construct a new building; and WHEREAS, in 2017 the city entered into a five -phase contract with Wold Architects and Engineers for design and construction services; and WHEREAS, the city has received acceptable bids which were reviewed with the City Council at a special meeting on December 4, 2017; WHEREAS, funding is available through bonding and supplemented by specific improvement funds; and WHEREAS, Wold Architects, city staff, and the city engineer recommend awarding the contract to Terra General Contractors, LLC, the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED: 1. That Council approves awarding a construction contract to Terra General Contractors, LLC for $14,792,500 (base bid of $14,780,000 plus Alternates 4, 7, and 8) and authorizes the city manager to execute the contract. 2. That the Council authorizes Wold Architects to proceed with the construction services phase. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 11th day of December, 2017. u Mayor Attest LPL_ City Clerk 1 9 6 8 2 0 1 8 50Y 1 A R 5 January 4, 2018 Jason Whiting Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 Re: City of New Hope New Police Department and City Hall Commission No. 172007 Dear Jason: Congratulations for being the low bidder on the New Police Department and City Hall for the City of New Hope. At the Monday night Board meeting held on December 12, 2017, the City Council approved your base bid with the following alternates: Alternate No. 4 (add $52,000), Alternate No. 7 ($6,500), Alternate No. 8 (deduct $46,000) for a total contract award amount of $14,792,500. In order to help expedite the submission requirements for this project, we have listed them below. Item Copies Due Date Forms Insurance Certificate 2 Prior to any work AIA G715 or ACCORD 25S Payment Bond 3 Immediately after AIA 312 receipt of contract Performance Bond 3 Immediately after AIA 312 receipt of contract Preliminary Network 2 15 Days Contractor's Form Diagram Construction Schedule (Outline significant activities for first 90 days of construction) Critical Path Method 2 Prior to first Pay Contractor's Form (CPM) Construction Request Schedule Include the following information: • Preparation and Processing of Submittal • Purchase of Materials • Delivery • Fabrication • Installation Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 woldae.com 1 651 227 7773 Letter to Jason Whiting Page 2 Use "one work day" as the unit of time. Activities no shorter than 2 work days and no longer than 10 days. Item Copies Due Date Forms 1 9 6 8 O � 5 2 0 1 8 Subcontractor 4 Immediately after award Contractor's Form A R S List/Product List Submittals Schedule 2 15 Days Contractor's Form (Arrange in chronological order by dates required by Construction Schedule. Identify items that affect critical path). Schedule of Values 4 10 Days AIA G703 (Including Mechanical and Electrical, and broken down by labor and material for each specification section, as well as each phase) Name and experience of 2 10 Days Contractor's Form Job Superintendent assigned to project Name and experience of 2 10 Days Contractor's Form Project Manager assigned to project MN Responsible 2 Within 14 days of Specification Contractor Compliance contracting with Section 00 4115 Affidavit subcontractor Form Consider the action by the City Council on Monday night as a notice to proceed. Please return all copies of signed contracts as soon as possible. Sincerely, Wold Architects and Engineers Ben Beery Associate Enclosures cc: Kirk McDonald, City of New Hope kmcdonald@ci.new-hope.mn.us Joel Dunning, Wold (letter only) jdunning@woldae.com Matt Rodgers, Wold (letter only) mrodgers@woldae.com Contract File (letter only) MV/CI_New Hope/172007/crsp/dec17 11,1-AIA Document A141 TM - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eleventh day of December in the year Two Thousand Seventeen (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 (763) 531 5100 and the Contractor: (Name, address and other information) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 (763)463-0220 for the following Project: (Name, location, and detailed description) City of New Hope Police Department and City Hall 4301 Xylon Avenue North New Hope, Minnesota 55428 The Architect: (Name, address and other information) Wold Architects and Engineers 332 Minnesota Street Suite W2000 Saint Paul, Minnesota 55101 Telephone Number: 651-227-7773 Fax Number: 651-223-5646 The Owner and Contractor agree as follows, ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Addilions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 ""-2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. Init. AIA Document A101- — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. 1987, 1991, 1997 and 2007 by The American Institute of Archilecls. All rights reserved. WARNING: This AIA^ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al 11;02:22 on 0110212018 under Order No 7941928438 which expires on 01/0912018, and is not for resale. User Notes: (3139ADA16) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to procecd issued by the Owner. (Insert the date of commencement if it differs from the date orthis Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) (Paragraph Deleted) § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work as follows; (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of coin inencemen1. If appropriate, insert requirements /br earlier Substantial Completion of certain portions of the Work.) May 15, 2019 AIA Document A101 TM — 2007. Copyright © 1915, 1916, 1925, 1937, 1951, 1958. 1961, 1963. 1967, 1974, 1977. 1987. 1991. 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNING: This AIA`f Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent posslble under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No. 7941928438 which expires on 01/09/2018, and is not for resale. User Notes: (31E19ADA18) (Table Deleted) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4,1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Fourteen Million Seven Hundred Ninety -Two Thousand Five Hundred Dollars and Zero Cents ($14,792,500.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates .subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate No. 4 Add $52,000.00 Alternate No. 7 Add $6,500.00 Alternate No. 8 Generator Manufacturer Deduct ($46,000) § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable) Item For common excavation (placed on site) Camera Style No. l Camera Style No. 2 Camera Style No. 3 Camera Style No. 4 Camera Style No. 6 Surveillance System Warranty Access Control System Warranty (Table Deleted) Units and Limitations Price Per Unit Cu. yd. $62.00 Lump sum $2,000.00 Lump sutra $1,400.00 Lump sum $1,800.00 Lutnp sulm $1,200.00 Lump sum $3,500.00 Lump stem $8,500.00 Lump sum $13,000.00 § 4.4 Allowances included in the Contract Sum, if any: N/A (Identify allowance and state exclusions, if any, from the allowance price) (Table Deleted) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the 25i1' day of the month, or as follows: Init. AIA Document A101 T" — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No. 7941928438 which expires on 01109/2018, and is not for resale, User Notes: (3139ADMB) § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 3011 day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 30" day of the month following the one in which Application for Payment is received. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty five ( 35 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 Tm-2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ( 5% ); ,3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201-2007 requires release of applicable retainage upon Substantial Completion of Work with consent ofsurety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: N/A (1/ it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulling./i•onn the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA Document A101'^ — 2007. Copyright ©1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1987. 1991. 1997 and 2007 by The. American Init. Inslilute of Archilecls. All rights reserved. WARNING: This AIAi° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ` Document, or any portion of it, may result in severe civil and criminal penalties, and will be proseculed to the t maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No 7941928438 which expires on 01109/2018, and is not for resale. User Notes: (3B9ADA18) § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when ,1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment: ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If theparties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 BINDING DISPUTE RESOLUTION For any Claim, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [ X ] Litigation in a court of competent jurisdiction if demanded by Owner. [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007_ ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed neon, Y'any.) 1 Y2% per month (MN Statute 471.425. § 8.3 The Owner's representative: (Name, address and other infornralion) hilt. AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925. 1937, 1951, 1958, 1961, 1963. 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AIA-" Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIAk' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law Thls document was produced by AIA software at l l:02:22 on 01102/2018 under Order No. 7941928438 which expires on 01/09)2016, and is not for resale. User Notes: (21HADA18) Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 (763) 531 5100 § 8.4 The Contractor's representative: (Name, address and other information) Jason Whiting Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 (763) 463-0220 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A 101-2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201-2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: N/A Document Title Date Pages (Table Deleted) § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement) As listed in the Project Manual Table of Contents. (Table Deleted) § 9.1.5 The Drawings: (Either list the Drawings here or re.Jer to an exhibit attached to this Agreement) As listed on the Drawing Cover Sheet. (Table Deleted) Init. AIA Document A101 TM — 2007. Copyright© 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`` Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No. 7941928438 which expires on 01/09/2018, and is not for resale. User Notes: (3B9ADA18) § 9.1.6 The Addenda, if any: Number Addendum No, 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 (Table Deleted) Date November 9, 2017 November 16, 2017 November 22, 2017 November 28, 2017 November 29, 2017 Pages Two (2) plus attachments Six (6) plus attachments Six (6) plus attachments One (1) plus attachments One (1) plus attachments Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. (Paragraphs Deleted) (Paragraph Deleted) (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201-2007. (State bonding requirements, if any, and limits of liability for insurance required in Article I ofAJA Document A201-2007) (Table Deleted) This Agreement entered into as of the day d year first written above. OWNER (Signature) (Signal re} Kirk McDonald, City Manage i 1/2/18 M�2. A4,vTP An"C" Iell (Printed name and title) (Prix ed name and title) (Table Deleted) AIA Document A1011m — 2007. Copyright O 1915. 1918, 1925, 1937. 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Init. Inslitule of Architects. All rights reserved. WARNING: This AIA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the l maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01102/2010 under Order No, 7941928438 which expires on 01109/2018, and is not for resale. User Notes: (3B9ADA18) Additions and Deietions Report for AIA® Document A 101 TM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text Is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report Is provided for information purposes only and is not Incorporated Into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11.02:22 on 01/02/2018. PAGE? AGREEMENT made as of the —day -or In the *Br-- he �lcy�ntiti l#av �f lllecmber in titeycar Two Tl�nusnnd eventeen (In words, indicate day, month and iwut:}Lur) (Name, kVk&* -, address and other information) 011 -of NewHo )a 4401 Xylon Avenue North New 11gag, Minnewit 5542 f 763] S3 i 51 o (Name, address and other information) Teo G oral Contractors 21025 Commerce Boulevard Raged Minnesota 55374 U f A 3-W2O (Name, lecvkrrr lucatirrrr, and detailed description) City of New Hofer Police. Departmeal und City Hall 43i_ _ 1l X,y Lift 6yetlur !Vt rt3a New No e_. Minnesom 5542 3 Additions and Delef ions Report for AIA Doctumenl A101 n" — 20Q7. Copyright Q 1915.1918. 1925, 1937. 1951. 195$. 1951. +o 3.19B7,1974, 1977. 1987. 1091, 1097 and 2007 by Tho American Inelllute of Architects. Ali rights reserved. WARNING: This AtAK Document Is prg 'cGcted by U.S. Copyright Law and It' ernallonsI Tresfes. Unauthorized reproduction or dislrihtdion of this AIA` kocurnenl, a any porfton Of 11, may ra'6u111111 ssvare cfVlt and criminal ponaltia6, and wilt he prosecuted to the rnaximuln axle nt possIWe undar Iho law. This docurnenl was produced by Al Software at 11:02:9,2 on 01102WIa under Order No, 7941928439 which expires on i}11o912010, and is not Tor resale User Notes: (3139APA18) (Name, lcgerlslmans, address and olher information) Wold Architect • antl 1: racers 332 Minnesota Street Suite W2040 Saint.PaLIL Mirlrlesuta SS] 01 Telephone Nunlbher,; 651-227-7773 Fax Number: 651-223-5646 PAGE 2 4, miek. lH 3e eal�ll►rarlc n�e►tt u€1}le �v4ar -t11e w+ier ie trt e.• aca lslez nteri a tt t that- t:laly iaterrst4; t�=�eT:recir atrzt :13et1 He ftdlew § 3.3 The Contractor shall achieve Substantial Completion of the entire Work t3f►Httltir td�gn--E—}dltyi; lea"• ,emu Qate 91'e..,..**w eM-,4w-_as follows: M:y 1 S. 2019 PAGE 3 Per#ion-of-Work SubOarttWOMpletio"ate § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be (3 he Fourteen Million Seven Hundred Ninety -Two 'hults•►nd i-'ivc l liindred llollars find Zero Ctmis ($14.7ti2.5.t 0.00 I subject to additions and deductions as provided in the Contract Documents. Altematc No. 4 Add S52,Q40.00 lternutc No. 7 Add S6500,00 Allemule No. ii Generalor Manuilbeturer Dedtict S46,[) U0 talfaits and 6iRtitatierts Price-PeT ltnib{$0A0) Additions and Deletions Reportfor AIA Document A101 TM — 2007. Copyright© 1915, 1918, 1926, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The Amerirnn Inslllule of Architects. All rights reserved. WARNING: This AIAr Document Is protected by U.S, Copyright Law and International Treaties. Unavlhoriretl reproduction or distribution of this AIAr' Document, or any porliolt of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No. 7941928438 which expires on 01/09/2018, and is not for resale. User Notes: (3B9ADA18) Item Units and Limitations Price Per Unit Item Units and Limitations Price Per Unit For common excaVBtlDl1 f plat ed [3 1�S1tC Cu. yd. (7$ 2.00 Camera Sine No. i Lump sum 2 t100.()U Camera 5tvlt: &, 2 Lump sum 11AMM Cunmrn Sly g Nn. 3 Lump sum . 1'� ,80010 Camera Style No. 4 Lump sum l 200,0(1 Camera Style No. b Lump sum S3,5w.]D0 Surveillance Sysicin Warranty Lump sum $8,500.00 Aeecss Control 5ys(ein Warrant y Lump su IL3 000.00 § 4.4 Allowances included in the Contract Sum, if any: N/A pirise § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the -last-25i1' day of the month, or as follows: PAGE 4 § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the --30,h day of a month, the Owner shall make payment of the certified amount to the Contractor not latex- than the -4ay-t4 t1w—niw4h-. 30'I, day ot'litc Lnallth fpRoWi g [lie one in which Anniicatioal I'c1r Paymcig is rqg! �Y I. if an Application for Payment is received by the Architect after the application date faxed above, payment shall be made by the Owner not later than filial I ive 35 days after the Architect receives the Application for Payment. Take that portion of the Contract Sum properly allocable to completed Work as detennined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of-ltetee+st ( 'rn3 eve perccftt ( 5% '). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201 TM_ 2007, General Conditions of the Contract for Rana'lrlKE+tltt:C:csnslLtciial7; Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in wri(ing), less retainage of-"wra4-¢-�Ayt; hl rct nt § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: N/A Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright © 1915, 1916, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974. 1977, 1987, 1991, 1997 and 2007 by The American Institute of Archiletts. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties, Unaulhortted reproduction or diatrlhulion of this AIA f Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No, 7941926438 which expires on 01/09/2018, and is not for resale. User Notes: (3B9ADA1 B) ,2 01l�erl��is�3w+ttr-t�tn�; liate��l�►v T-yp&4 4nsumrs-ordwnd �Mtit of lability er�olp+� a�u�u t{ rgOj GAA1NiAG1'D4i{�rg►n►t�+r�) (1�t�rNe�1-�ral+Ne-tr++�-H�c� OWNER 62fgnarure) (LI-hacd nfrnre rrrrd IUIc') owift'd 0 e rr;tild-tedcg CONTRACTOR Qigitrrna•r1 ❑'rimed.nu►ne and tithd Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright m 1915, 1916, 1925, 1937, 1951, 195B, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIAb Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA40 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No. 794192843E which expires on 01/09/201 B, and is not for resale. User Notes: (3B9ADA16) PAGE 5 § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for I}aytns4;r tts�l�ilrt►w�i'nellt: For any Claim 153 RfA IA F ttaWA, '19-,N*7:, the method of binding dispute resolution shall be as follows: [ —NJ Arbitration pursuant to Section 15.4 of AIA Document A201-2007 [—X) Litigation in a court of competent jurisdiction i I' demanded by Owner. [—_] Other (Specify) 1 h"/Ser inonth IMN Sttitute 471,425 PAGE Kirk McDonald I'New Hope 4401_Cy1qn Avenue Nord New Hope, Minnesolit 55428 ('763) 531 5101 Jason Whitint= Terra General Contractors 21025 Commerce Boulevard Rouer.s. Minnewn 55374 7i LI) 463-0220 § 9.1.3 The Supplementary and other Conditions of the Contract: N/A Additions and Deletions Report for AIA Document A1011" — 2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977. 1987, �:11, 1997 and 2007 by The American Institute of Arch]tects. All rights reserved. WAnNING: This AIA" Document is protected by U.S. Copyright Law and rike,matlonal Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 11:02:22 on 01102/2018 under Order No 7941928436 which expires on 01/09/2018, and is not for resale User Notes: (3139ADA18) DOGUOMM Title Date iiages Document Title Date Pages Document Title Date Paces As Iistud in the Pro ice l Maliujn 1:l� �1'C'olitelits. TWO As listed on the Dimwing Cover Sheet, Bate Pages Number Title Bate PAGE 7 Nufnbe; Sate pages Number Date R. _ ages Number Date Pages Addendum No. 1 November % 2017 Two (2) plus attachments Addendum No. 2 November 16, 2017 Six M phis tdtechmcnts Addendum No, 3 1 ownibci' 22, 2017 SixL6). Vim eltachnients Addendum No. 4 Nov •n bcl• 292017 011c i I1 nitts auulchm_cnis: Addendum No. 5 November 29, 2017 One (1) nius attac1tatetlts §&1:7At�t#iiauntrl shut Ntti'Fitt i4,lly; li�t+>ail +�f-1a416e4 r}tR l-4)UW-Ml1e4+ A AIA- )(iotimum i 4Y 41W r xfFie.; HH110 �i�llt,witiga Additions and Deletions Report for AIA Document A101 TM — 2007. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The AmOhmn Institute of Architects. All rights reserved. WARNING: This AIAI Document Is protected by U.S. Copyright Law and 5 International Treaties. Unauthorized repieduction or dWribulion of this AIM' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/0212018 under Order No. 7941928438 which expires on 0110912018. and is not for resale User Notes: (389ADA18) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:02:22 on 01/02/2018 under Order No. 7941928438 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A I0lTM - 2007, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) ('Title) — - (Doled), AIA Document 0401111 —2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlstrlbution of this AIAO Document, or any portion of it, may 1 result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:02:22 on 01/02/2018 under Order No 7941928438 which expires on 01109/2018, and is not for resale, User Notes: (389ADA18) `n DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE F1/9/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cheryl Michelli NAME: Y North Risk Partners - C.O. Brown Division PHONE (5D7) 288-7600 A� NO; (507)535-3130 2048 Superior Drive NW41Ls:cheryl.michelli@northriskpartners.com Suite 100 INSURERS AFFORDING COVERAGE NAIC # Rochester MN 55901 INSURERA:United Fire & Casualty Co. 13021 INSURED INSURERB:SFM Mutual Insurance CompanyCoMpany 11347 Terra General Contractors, LLC INSURER C:Hous ton Casualty Company 42374 21025 Commerce Blvd. INSURERD:Travelers 39357 Suite #1000 INSURERE: _ Rogers MN 55374 INSURERF: COVFRAl CFRTIFICATF NIIMRFR•2017-18 RFVICIr1AI NIIml THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL SUOR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYYI. (MM)"'Y"Y1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTM REMISE (fin rDWI $ 300, 000 MED EXP (Any oneperson) $ 5,000 X Y 60474674 4/1/2017 4/1/2016 PERSONAL & ADV INJURY $ 1, 000,000 GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000, 000 POLICY JEST LOC PRODUCTS - COMP/OPAGG $ 2,000, 000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X Y 60474674 4/1/2017 4/1/2018 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per $ X HIRED AUTOS X NON -OWNED AUTOS X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 31,000,000 A EXCESS LAB CLAIMS -MADE RED RETENTION$ 0 $ 60474674 4/1/2017 4/1/2018 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? C� (Mandatory In NH) N I A y 073950.202 4/1/2017 4/1/2018 X IITH- i TE ER E.L. EACH ACCIDENT $ 1,000,000 1 E-L. DISEASE - EA EMPLOYEE $ 1 000. 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 .000,000 C Contractors Professional HCC1664626 4/1/2017 4/1/2018 Per Claim/Aggregate 2,000,000 D Crime 105963971 7/8/2017 4/1/2018 Limit 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Project: City of New Hope Police Department and City Hall City of New Hope, Wold Architects and Engineers and the Architect's Consultants are additional insureds in regards to the General Liability and Automobile Liability when required by written contract. City of New Hope, Wold Architects and Engineers, the Architect's Consultants, any of their subcontractors, sub -subcontractors, agents and employees have waiver of subrogation in their favor in regards to the General Liability, Automobile Liability and Workers' Compensation when required by written contract. 30 -days written notice of cancellation. CFRTIFICATF HOI nFR CANCFI I ATIr)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of New Hope THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 4401 Xylon Avenue North ACCORDANCE WITH THE POLICY PROVISIONS. New Hope, MN 55428 AUTHORIZED REPRESENTATIVE Mark Hayford/CRM © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) Bond No. 16149429 .�. Docum ent A31 2 TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) Terra General Contractors, LLC 21025 Commerce Blvd., Suite 1000 SURETY: The Guarantee Company Of North America USA (Name, legal statmv and principal place of business) 1 Towne Sauare, Ste. 1470 Rogers, MN 55374 Southfield, Mt 48076 OWNER: (Name, legal status and address) City Of New Hope 4401 Xylon Ave No. New Hope, MN 55428 CONSTRUCTION CONTRACT Date: 12/11/2017 Amount: $14,792,500.00 Description: (Name and location) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Band and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. City of New Hope Police Department and City Hall, 4301 Xylon Avenue North, New Hope, Minnesota BOND Date: 1f12/2018 (Not earlier than Consiruclion Contract Date) Amount: $14 792,500.00 FOURTEEN MILLION SEVEN HUNDRED NINETY TWO THOUSAND FIVE HUNDRED AND 00/100 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Corporate Seal) Terra General C tractor t.0 The Guarantee Compan Of North America 1J31.. Signature: Signature: Name t% m OI a Troy Staples, Attorney -in -fact and Title: and Title: (Any additional signatures appear on the lost page of this Performance Bond,) (F-OR 1NI-ORMATION ON! Y • - Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Pate Bonding, Inc. (Architect, Engineer or other party.•) 1276 South Robert Street WoldArchitects 8Engineers West St. Paul, MN 55118 332 Minnesota Street (651) 457-6842 SuiteW2000 Saint Paul, MN 65101 ]nit. AIA Document A312Y° — 2010. The American Instilute of Architects. oatno 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 if the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt ofthe Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Dc fau I t; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract, § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3,1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract: § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init, AIA Document A312- — 2010. The American Institute ofArchitects. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; ,2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14,1 Balance of the Contract Price, The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents, § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Constntction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A31211 — 2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added pm9ies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should lArIn ,art odgioal AIA taontracl Document, on which this Ivxt appears in RED. An ortginp i assurrir, thal clvm�" will not bo ohscured. Init. AIA Document AM" - 2040. The American Institute of Architects. Bond No, 16149429 IA D TM -. ocu me�fiA3�2 2010 Payment Bond CONTRACTOR: SURETY: The Guarantee Company Or North America USA (Name, legal status and address) (Name, legal status and principal place Terra General Contractors, LLC of business) 21025 Commerce Blvd„ Suite 1000 1 Towne Square, Ste. 1470 This document has important legal Rogers, MN 55374 Southfield, MI 48076 Consequences. Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or modification. City Or New Hope 44D1 Xylon Ave No. Any Singular reference to Contractor, Surety, Owner or New Hope, MN 5542E other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date; 12111/2017 AIA Document A312-2010 combines two separate bonds, a Amount: $14,792.500.00 Performance Bond and a Payment Bond, into one form. Description: This is not a single combined (Name and location) Perronmance and Payment Bond. City of New Hope Police Department and City Hall, 4301 Xylon Avenue North, New Hope, Minnesota BOND Date: 1/12/2018 (Nat earlier than Construction Contract Date) Amount; $14,792,500.00 FOURTEEN MILLION SEVEN HUNDRED NINETY TWO THOUSAND FIVE HUNDRED AND 00/100 Modifications to this Bond: N None 0 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (CoporaleSeal) Terra General on , Ll. The Guaranpemy Of North Arneri Signature: Signature; Name N e Troy Staples, Attorney -in -fact and Title: and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Pate Bonding, Inc. (Arrhi(ecl, Engineer or other party;) 1276 South Robert Street Weld Architects & Engineers West St. Paul, MN 55118 332 Minnesota Street (6 51) 4 57 - 6 642 Suite W2000 Saint Paul, MN 55101 Init. AIA Oocument A31211 - 2010. The American Institute or Architects. 004 uo § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms, § 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment ftimished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment fumished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 51 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of nun -payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts Far which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all ftlnds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312r' — 2010. The American InsUlute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (I ) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1,2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: ,1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; J the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 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 Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init, AIA Document A31211 —2010. The American Inslitule of Archite is, § 16.4 Owner Default, Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract DocumentS, All the documents that comprise the agreement between the Owner and Contractor, § 17 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added porlies, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You Gould -,Ogrt an otittinal AIA Contract Dm;uroont, on M00i thi9 text appoam in RED. Are urigmal iss. suss that changes will oot b- obscured, Init. AIA Document A31271 - 2010. The American Institute of Architects. THE The Guarantee Company of North America USA GUARANTEE'" Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the Stale of Mlchlgan, having its principal office In Southfield, Michigan, does hereby constitute and appoint Jonathan Pate, Thomas M, Lahl, Thomas G. Kemp, Jennifer M. Boyles, Zachary Pate, Troy Staples Pale Bonding, Inc. Its true and lawful attorney(s)-In-tact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all Intents and purposes, as if tho same had been duly executed and acknowledged by its regularly elected officers at the principal office, The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof; and 2. To revoke, at any time, any such Attorney -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, It is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under Its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the Bin day of December 2011. of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory In the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. yµTrc � CL ffi IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by Its authorized officer, this 20° day of October, 2015, THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, President & Chief Operating Officer County of Oakland Randall Musselman, Secretary On thls 2nd day of October, 2015 before me came the individuals who executed the preceding Instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of s Cynthia A. Takai Anil Notary Public, State of Michigan ` County of Oakland �I�yr,1: My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. �y,�, a. Tom: I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. Ge(_ IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 12th day of January 2018 Randall Musselman, Secretary City of New Hope New Police/City Hall Facility Bid Review City Council fleeting December 11, 2017 - Received 19 General Contractor Bids - Low Bid: Terra General Contractors -Amount: $14,780,000 - 8 Bid Alternates » Stone Alternate » Wireless Clock System » Tile Flooring » Heated Sidewalk Option 1 » Heated Sidewalk Option 2 » License Plate Recognition Software » Radio Amplification System » Generator Manufacturer Bid Day » Add $81,000 (Reject) » Add $9,000 (Reject) » Deduct $14,000 (Reject) » Add $52,000 (Recommend) » Add $68,000 (Reject) » Add $12,700 (Reject) » Add $6,500 (Recommend) » Deduct $46,000 (Recommend) Total Contract: $14,792,500 December 11, 2017 City Council City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: City of New Hope Police and City Hall Facility Commission No. 172007 Dear City Council Members: On Thursday, November 30, 2017, at 2:00 p.m., bids were received from nineteen (19) Contractors for the New Police and City Hall Facility. A bid tabulation is attached for your review. Terra General Contractors from Rogers, Minnesota submitted the low base bid in the amount of $14,750,000. Selection of alternates does not affect who will be the low bidder. Alternate No. 1 Stone Alternate Add $81,000.00 This alternate is for an additional manufacturer of the stone on the exterior of the building. Recommendation: Reject this Alternate Alternate No. 2 Wireless Clock System Add $9,000.00 This alternate adds a synced, wireless clock system to the facility. Recommendation: Reject this Alternate Alternate No. 3 Tile Flooring Deduct ($14,000.00) This alternate replaces all terrazzo in the building with porcelain tile. Recommendation: Reject this Alternate Alternate No. 4 Heated Sidewalk Option 1 Add $52,000.00 This alternate adds a heating system to the sidewalk at the City Hall and Police Entries. Recommendation: Accept this Alternate Alternate No. 5 Heated Sidewalk Option 2 Add $68,000.00 This alternate is an addition to Alternate No. 4 to connect the heating systems at the entries to include the public sidewalk. Recommendation: Reject this Alternate Alternate No. 6 License Plate Recognition Software Add $12,700.00 This alternate adds a camera and software system for license plate recognition. Recommendation: Reject this Alternate Alternate No. 7 Radio Amplification System Add $6,500.00 This alternate adds a radio amplification system to the building. Recommendation: Accept this Alternate Alternate No. 8 Generator Manufacturer Deduct ($46,000.00) This alternate allows additional generator manufacturers into the project specifications. Recommendation: Accept this Alternate Letter to City Council Page 2 The budget for this project is: Construction Documents Bid Award October 23, 2017 December 18, 2017 Construction Cost $15,699,000 $16,562,500 Fees, Testing, and Printing $ 1,612,370 $1,309,.444 Furniture, Fixtures, and Equipment $ 1,199,200 $ 1,379,200 TOTAL PROJECT COST $18,510,570 $19,251,144 Budget $18,879,000 $19,389,000 Difference $ 368,430 $ 137,856 We recommend awarding the contract to Terra General Contractors as follows: Base bid $14,780,000 Alternate No. 1 Stone Alternate Reject $ 81,000 Alternate No. 2 Wireless Clock System Reject $ 9,000 Alternate No. 3 Tile Flooring Reject ($ 14,000) Alternate No. 4 Heated Sidewalk Option 1 Add $ 52,000 Alternate No. 5 Heated Sidewalk Option 2 Reject $ 68,000 Alternate No. 6 License Plate Recognition Software Reject $ 12,700 Alternate No. 7 Radio Amplification System Add $ 6,500 Alternate No. 8 Generator Manufacturer Add ($ 46.000) TOTAL CONTRACT $14,792,500 Sincerely, Wold Architects and Engineers Joel L. Dunning I AIA, LEED AP Associate Enclosures cc: Kirk McDonald, City of New Hope Ben Beery, Wold (letter only) Contract File (letter only) JB/CI_NewHope/172007/crsp/ Project Name: New Hope Police Department & City Hall Commission No.: 172007 • Date: 11/30/2017 Time: 2:00 PM Alt. No. 1 Alt. No. 2 Ali. NQ. 3 Bid Tabulations Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, Minnesota 55101 651.227.7773 Fax: 651.223.5646 Alt. No.4 Alt. No. 5 A@. No. 6 Alt. No.7 Alt. No. 8 u a a) Base Bid Stone Wireless Clock Resilient Heated Sidewalks Opt. Heated Sidewalks Opt. License Plate Recognition Radio Amplification Generator Remarks 0 E U) System Flooring 1 2 Software Systems Manufactures Bidders Name a z m Jorgenson Construction Inc 1-5 $ 15,851,000 $ (25,000) $ 14,000 $ 57,000 $ 35,000 $ 46,000 $ 17,000 $ 34,000 $ (45,000) 9255 E River Rd NW Coon Rapids, Minnesota55433 Ph: 763-784-3877 Fax: 763-784-1583 Rochon,lnc. 1-5 $ 15,390,000 $ 25,000 $ 12,600 $ (51,000) $ 57,000 $ 90,000 $ 16,000 $ 8,500 $ 45,000 28 2nd st. Sle 20Q Ossao. MN 55360 763-`J59-3393 bert Construction Inc 1-5 $ 15,424,000 $ 80,624 $ 12,600 $ (56,097) $ 36,600 $ 36,700 $ 17,100 $ 6,950 $ (44,000) 23350 Country Road 10 Corcoran, MN 55357 763-498-9951 Shaw -Lundquist & Assocs Inc 1-5 $ 16,370,000 $ 70,000 $ 9,000 $ 7,000 $ 50,000 $ 72,000 $ 5,000 $ 7,000 $ (45,000) 2757 West Service Road St Paul, Minnesota 55121-1230 Ph: 651-454-0670 Fax!651-454-7982 bill Construction 1-5 $ 15,575,BBo $ 74,500 $ 11,000 $ (18,000) $ 44,000 $ 75,000 $ 14,500 $ 7,900 $ (42,000) 515 Industnal Silva NE Fridlay,MN 55421 Ph, 763.S4&6066 Fex:7 540-3129 Brennan Comlhwllnn 1-5 $ 16,900,000 $ 95,000 $ 15,000 $ (15,000) $ 40,000 $ 55,000 $ 20,0W $ 12,000 $ (35,000) 124 E. Walnut 51., Suite 20 Mankato, MN 56001 Ph. 507-625w5417 Fa..507-625-805 Adollson & Peterson 1-5 $ 17,230,000 $ 71,096 $ 9,222 $ (28,179) $ 47,870 $ 8,493 $ 13,030 $ 6,697 $ (46,367) 6701 W 23rd St Minneapolis. MN 55440 952-544-1561 952-525-2333 Terra General Contractors 1-5 $ 14,780,000 $ 81,000 $ 9,000 $ (14,000) $ 52,000 $ 68,000 $ 22,700 $ 6,500 $ (46,000) 21025 Commerce Blvd. Suite 1000 Rogers, MN 55374 763-463-0220 763-463-0290 ni, - a All - , All Aln A AN Aln S All n1n a AN Nn 7 All Nn 8 Bidders Name -p m v E ¢ z m rn U) m Base Bid Stone Wireless Clock System Resilient Flooring Heated Sidewalks Opt. 1 Heated Sidewalks Opt. 2 License Plate Recognition Software Radio Amplification Systems Generator Manufactures Remarks Stahl Construction 1-5 $ 15,950,000 $ 90,000 $ 15,000 $ (14,000) $ 43,000 $ 80,000 $ 18,000 $ 40,000 $ (35,000) 861 E. Hennepin Ave, Suite 200 Minneapolis, MN 55414 952-931-9300 952-931-9941 Met -Con 1-5 $ 15,579,000 $ (70,000) $ 5,300 $ (14,000) $ 34,000 $ 74,000 $ 29,700 $ 32,000 $ (50,000) 15760 Acom Trail, PO Box 427 Faribault, MN 55021 507-332-2266 507-332-8742 Versa Con. 1-5 $ 16,974,000 $ 96,760 $ 9,983 $ (27,348) $ 41,269 $ 54,320 $ 14,105 $ 7,250 $ (45,000) 7308 Aspen Lane North. Suite 144 Brooklyn Park. MN 55428 763-391-5610 763-39t-5611 Bi -D Construction 1-5 $ 17,400,000 $ 711110$ 8,572 $ (55,500) $ 110,000 $ 140,000 $ 14,000 $ 35,000 $ (35,000) 800 Washington Ave #900 Minneapolis, MN 55401 612-332-9050 612-332-9031 Market Johnson 1-5 $ 15,925,000 $ 71,000 $ 8,600 $ 9,400 $ 52,000 $ 71,000 $ 5,200 $ 6,500 $ (50,000) 7300 Hudson Blvd N #165 St Paul, MN 55128 651-340-6146 651-846-5607 Northdale Construction Co, Inc 9760 71st St NE Albertville, MN 55301 763-428-4868 763-428-4997 Project One 1-5 $ 17,285,000 $ (20,000) $ 13,873,001 $ 58,788 $ 49,649 $ 82,653 $ 17,621 NO BID NO BID 10375 County Road 8 Kimball, MN 55353 320.398-7000 Corval Group 1633 Eustis St St Paul, MN 55108 651-645-0451 CM Construction Co, Inc 1-5 $ 16,000,000 $ 70,000 $ 10,000 $ 57,000 $ 43,000 $ 45,000 $ 8,000 $ 7,000 $ (45,000) 122215 Nicollet Ave S Burnsville MN 55337 952-895-8223 952-895-8183 8oser Construction. Inc 1-5 $ 14,990,000 $ 84,000 $ 9,300 $ (20,000) $ 31,000 $ 35,000 $ 13,200 $ 6,800 $ 36,000 7135 5th Ave NE Sauk Rapids, MN 56379 320-393-3185 ex — a Rl, — n alr Aln R Al, Aln R Alf Mn 7 Alt hln R Bidders Name -0 m c -, d E c z r c0 Q) rn m Base Bid Stone Wireless Clock System Resilient Flooring Heated Sidewalks Opt. 1 Heated Sidewalks Opt. 2 License Plate Recognition Software Radio Amplification Systems Generator Manufactures Remarks Nor -Son 1-5 $ 15,800,000 $ (20,000) $ 13,200 $ (45,000) $ 42,000 $ 41,000 $ 14,000 $ 36,000 $ 37,000 700 E Lake Street Wayzata, MN 55391 612-216-1600 W Gohman 1-5 $ 15,875,000 $ (17,640) $ 6,640 $ 57,540 $ 35,000 $ 46,500 $ 14,500 $ 36,000 $ 36,000 Terra General Contractors - Founded 2007 - Work primarily in public and healthcare sectors - They believe "that quality employees, good communication and inclusivity are the keys to success in competitive landscapes. Our construction process encourages client, consultant, engineer, and contractor participation from concept to completion." - 2 recent project with Wold: » Anoka County Courthouse Remodeling » Rogers High School — 3rd Wing Addition rMew � i errs uenerai uontracta i w i errs uenerai uontracto - -_�. -•� Budget - Construction Document Update: $368,430 under budget - Bid Update: $137,856 under budget - Wold Construction Document Estimate: $14,300,000 - Bid Results: $14,780,000 » Need Schedule of Values to determine differences » Added/Shifted additional scope into bid documents and additional funding sources » Great competition but hearing about industry wide shortages in masonry, steel and doors City of New Hope Police & City Hall lee72/4/2017 COST ANALYSIS Schematic Construction Bid Design Documents Award FUNDING SOURCE 5/22/2017 10/23/2017 12/4/2017 New Police/City Hall (net proceeds) $18,879,000 $18,879,000 $18,879,000 Utility - Energy Rebates $0 $0 $50,000 Generator Funding $235,000 Council Chambers Equipment $204,000 TOTAL FUNDING $18,879,000 $18,879,000 $19,368,000 CONSTRUCTION Bid Pack #1 Building Construction $ 14,870,000 $ 13,200,000 $ 14,792,500 Site Development incl $ 875,000 incl Construction Contingency $ 684,000 $ 684,000 $ 500,000 Subtotal $ 15,554,000 $ 14,759,000 $ 15,292,500 Bid Pack A2 Parking Lot incl $ 900,000 $ 630,000 Landscaping incl incl $ 400,000 Building Demolition incl incl $ 200,000 Contingency incl $ 40,000 $ 40,000 Subtotal $ - $ 940,000 $ 1,270,000 SUBTOTAL $ 15,554,000 $ 15,699,000 $ 16,562,500 FEES. TESTING Architectural Fees $ 930,000 $ 830,000 $ 830,000 Engineering Fees $ 117,370 S 117;370 $ 117,370 Bond Issuance Fees and Underwriter's Discount $ 60,000 S 60,000 $ Geotechnical/Surveying/Wetland Delineation $ - 5 20,000 $ 20,000 Reimbursables $ 50,000 $ 50,000 $ 50,000 Metropolitan Council / City SAC ([f] SAC units) $ 80,000 S 80,000 $ 80,000 Abatement - 5 100,000 $ 25,000 Abatement Testing $ 2,874 Trunk Storm Drainage Fee $ $ $ - Trunk Sanitary Fee $ $ $ Engineering/City Inspections (Watermain Plan Review and Inspection) $ $ $ Water Access Charge Fee incl incl incl Trunk Water Fee incl incl incl Engineering/City Inspections $ 30,000 S 30,000 $ State or City Building Code Plan Review Fee $ - b - $ State or City Review/Inspection Fee $ - S - $ Health Dept. Plumbing Plan Review Fee $ 10,000 5 10,000 $ 2,500 Health Dept. Food Service Plan Review Fee $ 5 - $ - City Roads and Services Fees $ - $ - $ - Utility Transformer Fees/Inspection $ 40,000 5 40,000 $ 40,000 Bid Advertisement/Printing $ 15,000 S 15,000 $ 10,000 Legal Allowance $ 25,000 $ 25,000 $ Special Structural Inspections $ 50,000 $ 50,000 $ 50,000 Commissioning $ 60,000 S 60,000 $ - Moving Costs $ 25,000 S 25,000 $ 25,000 Civil Defense Siren Relocation $ - $ - $ 6,700 Contingency $ 75,000 S 100,000 $ 50,000 SUBTOTAL $ 1,467,370 $ 1,612,370 $ 1,309,444 FURNITURE & EOVIEMENTITECH NOLOG Furniture Allowance S 655,000 $ 700,000 $ 655,000 Equipment Allowance 5 165,000 $ 165,000 $ 100,000 Low Voltage (Logis) 5 • $ - $ 300,000 Technology Allowance (Council Chambers) S 165,000 $ 225,000 5 225,000 Furnishing/Consultant Fees $ 39,300 $ 39,300 S 39,300 Techmology Consulting Fees $ 9,900 $ 91900 5 9,900 Contingency 5 50,000 $ 60,000 c 50,000 SUBTOTAL (FF&E) $ 1,084,200 $ 1,199,200 $ 1,379,200 PROJECT BALANCE $ $116,856 773,430 $ 368,430 WIDocs!projecls/predesign/cost analysis master COfi11P.I5SfOC No. [;OVV*1 Next Steps -Council Award: 12/11 /17 - Contract - Permits - Start Construction! Questions? Thank you! MEMORANDUM To: Kirk McDonald, City of New Hope 5 1 9 6 8 From: Ben Beery I BB n �f 201 8 Y E A R S Date: May 7, 2018 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 1 Summary Below is a summary of the costs associated with Change Order #1 for the City Councils consideration on May 14, 2018. The change order is attached to this memorandum. Change Order No. 1 Summ 1. COR #1 FFE Removal $2,112.00 / Value Added Added removal of loose furniture and equipment from pool buildings that the City no longer wanted. This saved City staff effort and time including costs associated to discard unwanted fixtures. 2. COR #4 Parking Lot/Warming House Power $5,679.00 / Unforeseen Condition During demolition, it was discovered that the parking lot lights and warming house power was fed from the pool buildings instead of City Hall. This cost is to provide power to reconnect those functions. 3. COR #5 Surge Protection $5,505.00 / Code Added surge protection to life safety panel boards to meet a recently revised electrical code. 4. COR #6 Add Pickets to Gates $2,888.00 / Value Added Revised the perimeter secure fencing to remove hook profiles of fencing and add pickets to the gates. 5. COR #7 Xcel Schedule Impact $66,618.00 / Unforeseen Condition Construction schedule was impacted as Terra General Contractors was delayed waiting for Xcel Energy to disconnect and remove transformers at the existing pool. This cost is for costs incurred by the contractor to extend the overall schedule one month. 6. COR #10 Concealed Pool Demolition $1,592.00 / Unforeseen Condition During demolition, an abandoned small pool was found under the pool deck. Cost is for the contractor to remove and dispose of the old pool. Wold Architects and Engineers PLANNERS 332 Minnesota Street, Suite W2000 ARCHITECTS Saint Paul, MN 55101 woldae.com 1651 227 7773 ENGINEERS 501 E 2018 8 Y A R 5 MEMORANDUM Page 2 of 2 7. COR # 12 Canopy Head Detail Revision $252.00 / Field Coordination Revised a detail of construction with the contractor to add additional insulation at one of the canopies. 8. COR # 14/PR #2 Sanitary Sewer Change $3,308.00 / Unforeseen Condition Invert of existing sanitary sewer was not built according to City record. This cost is to reroute new sanitary sewer to accommodate field conditions. 9. COR #16/PR #5 Helical Piers $76,216.00 / Unforeseen Condition This item was discussed in detail at the April 23, 2018 City Council Work Session. Soil conditions were found to be worse on the east side of the construction than indicated on the soil borings. Wold recommended switching the foundation system of the building to a helical pile system to accommodate the soil conditions. Wold Architects and Engineers recommends approval of the Change Order. Please let me know if you have any questions. cc: Joel Dunning, Wold SS/CI_NewHope/172007crsp/may18 11--AIA Document G701TM —2017 Change Order PROJECT: (Name and address) City of New Hope Police Department and City Hall 4301 Xylon Avenue North New Hope, Minnesota 55428 Commission No. 172007 OWNER: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT INFORMATION: Contract For: General Construction Date: December 11, 2017 ARCHITECT: (Name and address) Weld Architects and Engineers 332 Minnesota Street, Suite W200 St. Paul, Minnesota 55101 CHANGE ORDER INFORMATION: Change Order Number: One (1) Date: May 7, 2018 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) COR #1 Pool FFE Removal Add $2,112.00 COR #4 Warming House Power Add $5, 679.00 COR #5 Surge Protection Add $5, 505.00 COR #6 Add Pickets to Gates Add $2, 888.00 COR #7 Xcel Schedule Impact Add $66, 618.00 COR #10 Concealed Pool Demo Add $1,592.00 COR #12 Canopy Head Revision Add $252.00 COR #14/PR #2 Sanitary Sewer Change Add $3,308.00 COR #16/PR 45 Helical Piers Add $76,216.00 TOTAL CHANGE ORDER NO. 1 ADD $164,170.00 The original Contract Sum was S 14,792,500.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 14,792,500.00 The Contract Sum will be increased by this Change Order in the amount of $ 164,170.00 The new Contract Sum including this Change Order will be S 14,956,670.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers AEKHITECT ( irm name) (flTURE L k^'t' PRINTED NAME AND TITLE SL4��� DATE a General name) TURE PRINTED AND TITLE Ir- � %At� DATE Ciiv of New ]lope - WN R ]Firm r met - Nwk r jSl}GNArURE Rj•�L.))�iNp"[ A PRINTED NAME AND TITLE Ii A DATE AIA Document G701 TM — 2017. Copyright © 1979, 1987. 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:05:26 on 05/07/2018 under Order No, 7611454814 which expires on 01/09/2019, and is not for resale User Notes: (3139ADA26) 5 11 1 9 6 e 12 0 1 8 Y E A R S MEMORANDUM To: From: Kirk McDonald, City of New Hope Ben Beery I BB Date: August 13, 2018 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 2 Summary Below is a summary of the costs associated with Change Order #2 for the City Councils consideration on August 20, 2018. The change order is attached to this memorandum_ Change Order No. 2 Summary 1. COR #11 Disconnect Light Poles Add $1,806.00 / Value Added Added removal of additional light poles on pool property. 2. COR #24 Credit for Angle at Trench Drains Deduct ($248.00) / Field Coordination Deleted an angle from the trench drain that was not needed. 3. PR if 1— Narrow Southern Entry Add $0.00 / Value Added Revised driveway dimensions at the police parking lot. 4. PR #3 Structural Revisions Add $14, 786.00 / Value Added Revised structural drawings to coordinate work with fabricators shop drawings. 5. PR A6 Retaining Wall Add $2,953.00 / Value Added Added concrete curb at base of retaining wall per owner direction. 6. PR #7 Omit Garbage Disposals Deduct ($746.00) / Field Coordination Deleted 1 garbage disposal at a sink that does not require this function. 7. PR #8 Generator Changes Add $580.00 / Value Added Added a back-up port to generator for long term maintenance needs. 8. PR # 9 S2.00a Revision Deduct ($2,234.00) / Field Coordination Revised footing steps to minimize the amount of below grade masonry. Wold Architects and Engineers PLANNERS 332 Minnesota Street, Sulte W2oo0 ARCHITECTS Saint Paul, MN 55101 woldae.com 1 651 227 7773 ENGINEERS wo1 1 z010 e 50Y E A R S MEMORANDUM Page 2 of 2 9. PR # 10 Helical Piles at Sally port Add $38,618 / Unforeseen Condition This item was discussed in detail at the June 18, 2018 City Council Work Session. Soil conditions were found to be worse on the west side of the construction area than indicated on the soil borings. Wold recommended switching the foundation system of the building to a helical pile system to accommodate the soil conditions 10. PR #11 Water main invert elevation Add $1,995.00/ Field Coordination Revised piping locations entering the building to accommodate footings and appropriate frost coverage. 11. PR #13 Low Voltage Revisions Add $9, 718.00/ Value Added Added rough -ins for low voltage devices per owner design meetings regarding audio/visual needs. 12. PR #14 Add Hardware Sets Add $5,613.001 Value Added Added 2 hardware sets to entry doors that was not covered in the bid. 13. PR #15 Low Voltage Revisions Add $10,435.00/ Value Added Added security devices per owner design meetings regarding security needs. 14. PR #16 Life Safety ATS Shunt Trip Add $4,466.00/ Value Added Added a shunt trip device as required by the utility to protect building and utility power grid during an outage. 15. PR #17 Add 3' Sump to CBMH -13 Add $2,588.00/ Value Added Added a sump to catch basin 13 per direction of Stantec. Wold Architects and Engineers recommends approval of the Change Order. Please let me ]mow if you have any questions. cc: Joel Dunning, Wold 5S/CI_NewHope/172007crsp/aug18 AIA Document G701 - 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of New Hope Police Department and Contract For: General Construction Change Order Number: Two (2) City Hall (Commission No. 172007) 4301 Xylon Avenue North Date: December 11.2017 Date: August 13, 2018 New Hope, Minnesota 55428 Commission No. 172007 OWNER: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 ARCHITECT: (Name and address) Wold Architects and Engineers 332 Minnesota Street, Suite W200 St. Paul, Minnesota 55101 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (insert a detailed description of the change and, if applicable, attach or reference specific exhibits, Also include agreed upon adjustments attributable to executed Construction Change Directives) COR # 11 - Disconnect Light Poles. Add $1,806.00 COR #24 — Credit for Angle at Drain. Deduct ($248.00) PR # I — Narrow Southern Entry. Add $0.00 PR # 3 — Structural Revisions. Add $14,786.00 PR #6 — Retaining Wall. Add $2, 953.00 PR #7 — Omit Garbage Disposal. Deduct ($746.00) PR #8 — Generator Changes. Add $580.00 PR # 9 — S2.00a Revision. Deduct ($2,234.00) PR #10 — Helical Pile at Sally Port, Add $38,618.00 PR #11— Water Main Invert Elevation. Add $1,995.00 PR #13 — Low Voltage Changes. Add $9,718.00 PR # 14 — Add Hardware Sets. Add $5, 613.00 PR # 15 — Low Voltage Revisions. Add $10.435.00 PR # 16 — Life Safety ATS Shunt. Add $4, 466.00 PR # 17 — Add 3' Sump to CBMH -13. Add $2, 588.00 TOTAL CHANGE ORDER NO.2 ADD $90,330.00 The original Contract Sum was $ 14,792,500.00 The net change by previously authorized Change Orders 164.170.00 The Contract Sum prior to this Change Order was ; 14,956,670.00 The Contract Sum will be increased by this Change Order in the amount of $ 90.330.00 The new Contract Sum including this Change Order will be $ 15,047,000.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 AIA Document GT01 "r — 2017. Copyright O 1979, 1967, 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of rt, may rasuh in savere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:21:23 on 08/13/2016 under Order No. 7611454614 which expiration 0110912019, and is not for resale. user Notes: (369ADA23) NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers Terra General Contractors Cily of New Hope ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA DocurrmntG701lm— 2017. Copyrlghl O 1979, 1987, 2000 , 2001 and 2017 by The American InstBute or Architects. All Aphis ras infod. WARNING: This AIADocument is protected by U.S Copyright Law and International Treaties Unauthorized reproduction of distribution of this AIA' Document, or any portion of It, may resull In sovere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:21:23 on 08/13/2016 under Order No. 7611454614 which expires an 0110912019, and Is not for resale. U a or Note a: (399ADA23) City of New Hope Police & City Hall a 9 8/20/2018 COSTANALYSIS Bid Update Award FUNDING SOURCE 12/4/2017 8/20/2018 New Police/City Hall (net proceeds) $181900AOD $18,900,000 Utility • Energy Rebates SWA00 $50,000 Generator Funding $235,000 $235,000 Council Chambers Equipment $204.000 $204,000 TOTAL FUNDING 319,3691000 S19X9,000 CONSTRU Bid Pack 91 Building Construction S 14,792,5W S 14,M,500 SlteDevelopment Inc] Intl Change Order I S 164,170 Pendltig hange Order 2 S 90 3311 Pending Change Order 3 $ Construction Contingency Remaining $ 500,000 $ 245.5M Subtotal S 15,292,500 S 15,292,500 Bid Pack 82 Parking Lot $ 630,000 S 630,000 Landscaping 5 400,000 S 400.000 Building Demolition S 200,OOD $ 200,000 Contingency S 40,000 $ 40,WO Subtotal S 1,270,000 $ 1,27%000 SUBTOTAL S 16A62,M S 16,562,600 Architectural Fees $ 830OW $ 030,000 Engineering Fees 1 117,370 S 155,870 Bond Issu.nce Fees and Underwriter's Discount - 5 - Geotechnical/Surveying/Welland Delineation S 20A00 5 Reimbursables $ 50A00 S 50,000 MdropolilanCoundl/CiIySAC (191SAC units) S 80,000 5 52,185 Abatement S 25AW S S00 Abatement Testing S 2,874 5 5,216 Trunk Storm Drainage Fee $ - S Trunk Sanitary Pee $ 5 Englneering/Clly Inspections (Watermaln Plan Review and Inspection) S Water Access Charge Fee Intl Inci Trunk Water Fee Incl Inca Engineering/Cily, Inspections S S Stale or City Building Code Plan Review Fee $ • S - State or City Review/inspection Fee $ S Health Dep4 Plumbing Plan Review Fee 6 2,500 S 2,127 Health Dept. Food Service Plan Review Fee S S - City Roads and Services Fees $ $ Utility Transformer Feesllnspection $ 40,= S 64,989 Bid AdverllsementlPrinting S 10,000 S $524 Legal Allowance S • $ Special Structural Inspections 3 r,0,000 S 67,639 Commissioning S • $ Moving Costs S 25,000 6 25,000 Civil Defense Siren Relocation S 6,700 6 6,700 Priv.ieloceles $ - S 370 Contingency S 50,000 S 25A00 SUBTOTAL S 1,3091444 $ 1.197,620 j<ll (;tjiTll fiE& EOUIPMEN7 !'j�CHNOLOG7' Furniture Allowance S 655,000 S 655A00 Equipment Allowance $ 100A00 S 50,000 Low Voltage (Logic) $ 300,000 S 275,000 Technology Allowance (Council Chambers) S 22SAOD S 439,50D Furnishing/Consulianl Pass 5 39,3W $ 39,3W Technology Consulting Fees $ 9,900 $ 9,900 Contingency 5 50,000 $ 25,000 SUBTOTAL (FF&E) S 1,379,200 S 1,693,700 PROJECFBALANCE 5137,856 $44,950 WlDculpmjse✓pi.doWgiVwsi awly.b sissi.i CommissbnNo. ICOMMII constructed on the site. Mr. Sargent pointed out if New Hope purchases the property it can dictate the house type (and property value). He noted a split-level could sell for $250,000 and a two-story could sell as high as $400,000. Mr. Kirk McDonald, city manager, recommended purchasing the lot. He noted the city has expended approximately $100,000 on prior scattered site housing sites and the proposed project would only cost approximately $10,000. He noted although Crystal's asking price for the lot may be higher than its tax value set by the county, it could be viewed as New Hope's way of contributing to construction of the trail. Council supported the purchase of the lot and directed staff to offer $65,000 with authorization to expend up to $75,000. POLICE Mayor Hemken introduced for discussion item 11.7, Update on Police Station/City Hall STATIONXITY HALL Construction Project by Wold Architects (Improvement Project No. 994). CONSTRUCTION UPDATE Mr. Joel Dunning of Wold Architects, reported the construction project is on schedule. Item 11.7 He explained the load bearing masonry walls are being installed and should be completed by June 27, and the foundation walls with approved perimeter insulation and waterproofing are in process of being backfilled. He stated the precast columns and decking in the police garage and steel erection is scheduled to begin on July 2. I le stated helical piers were installed on the east side of the site and are also needed on the west side. He stated the cost of the helical piers on the west (including a credit of $7,990 from the previous helical piers) is $38,618 and will be reflected on change order number 2. He stated the budget contingency will Lover the additional cost. Mr. Kirk McDonald, city manager, asked for Council's informal approval of change order 2. Council approved the request subject to formal approval at a future council meeting. Mr. Dunning stated bids will be sought for the audio visual equipment this fall. He stated city staff will begin tours this fall to make furniture selections. He illustrated a dedication plaque that was prepared for Richfield's municipal center. He stated the signage package will include a dedication plaque. Mr. Dunning asked Council of their interest in placing a time capsule inside the building. Council expressed support if the time capsule could be prepared inexpensively. Mr. McDonald stated staff will brainstorm the concept. Council Member Lammle commented that the contents from Richfield's former municipal building is on display. Council thanked Mr. Dunning for the update. OUTDOOR POOL Discuss next steps for an outdoor pool (Improvement Project No. 995). DISCUSSION (PROJECT NO.995) Mr. Kirk McDonald, city manager, stated staff would like to discuss the master pool Item 11.8 planning process with Council. He stated Stantec has prepared a draft Scope of Service agreement with various components similar to the phased -contract approved with City Council Work Session June 18, 2018 Page 5 M=v-AIA TM Document G701 —2017 Change Order PROJECT: (Name and address) City of New Hope Police Department and City Hall (Commission No. 172007) 4301 Xylon Avenue North New Hope, Minnesota 55428 Commission No. 172007 OWNER: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT INFORMATION: Contract For: General Construction Date: December 11, 2017 ARCHITECT: (Name and address) Wold Architects and Engineers 332 Minnesota Street, Suite W200 St. Paul, Minnesota 55101 CHANGE ORDER INFORMATION: Change Order Number: Two (2) Date: August 13, 2018 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits attributable to executed Construction Change Directives.) COR # l 1 - Disconnect Light Poles. Add $1,806.00 COR #24 — Credit for Angle at Drain. Deduct ($248.00) PR # 1 — Narrow Southern Entry. Add $0.00 PR # 3 — Structural Revisions. Add $14, 786.00 PR #6 — Retaining Wall. Add $2,953.00 PR #7 — Omit Garbage Disposal. Deduct ($746.00) PR #8 — Generator Changes. Add $580.00 PR # 9 — S2.00a Revision. Deduct ($2,234.00) PR #10 — Helical Pile at Sally Port. Add $38, 618.00 PR #I I — Water Main Invert Elevation. Add $1,995.00 PR #13 — Low Voltage Changes. Add $9,718.00 PR #14 — Add Hardware Sets. Add $5,613.00 PR #15 — Low Voltage Revisions. Add $10,435.00 PR #16 — Life Safety ATS Shunt. Add $4,466.00 PR #17 — Add 3' Sump to CBMH -13. Add $2,588.00 TOTAL CHANGE ORDER NO. 2 ADD $90,330.00 Also include agreed upon adjustments The original Contract Sum was a 14,792,500.00 The net change by previously authorized Change Orders: 164,170.00 The Contract Sum prior to this Change Order was :$ 14,956,670.00 The Contract Sum will be increased by [his Change Order in the amount of 90,330.00 The new Contract Sum including this Change Order will be $ 15,047,000.00 The Contract Time will be unchanged by Zcro (0) days, The new date of Substantial Completion will be .lone 15, 2019 AIA Document G701 TM — 2017. Copyright © 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA- Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document; or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 12:21:23 on 08/13/2018 under Order No. 7611454814 which expires on 01/0912019, and is not for resale. User Notes: (3B9ADA23) NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wol reltitects and t:n>;ineers A HI J { i r1� itnme) 51GN TURE PRINTED NAME AND TITLE DATE UAIL 'ity of New Hope O rrnr +ur rreJ SIGNATURE Kink McDmmK City ManW PRINTED NAME AND TITLE 9 — / 7/Of DATE AIA Document G701 TI — 2017. Copyright © 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:21:23 on 08/13/2018 under Order No, 7611454814 which expires on 01/09/2019, and is not for resale_ User Notes: (3B9ADA23) O 1 9 6 8 2 0 1 8 5Y E A R S MEMORANDUM To: Kirk McDonald, City of New Hope From: Ben Beery I BB Date: December 10, 2018 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 3 Summary Below is a summary of the costs associated with Change Order #3 for the City Councils consideration on December 17, 2018. The change order is attached to this memorandum. Change Order No. 3 Summary 1. COR #33 Sliding Gate Manufacturer Revision ($940.00) / Credit Revised manufacturer due to product availability. 2. COR #35 Revised Insulation Extents ($14,477.00) / Credit Revised extents of below grade insulation. 3. COR #36 Add extents of UPS power $5,384.00 / Value Added At recommendation of City Staff & Consultants, added TV control room to UPS power system. 4. COR #37 Signage $8,178.00 / Value Added Cost to add dedication plaque / time capsule $1,920 and revise exterior signage $6,258. 5. COR #38 Door Frame Revisions ($3,000.00) / Credit Revised design of doorframes based on manufacturer. 6. COR #41 Floor Box $3,149 / Value Added Revised floor box manufacturer and type for this application. 7. COR # 42 Ceiling Revision ($530.00) / Credit Revised a detail of construction with the contractor to add additional insulation at one of the canopies. 8. COR # 43 Revised concrete extents ($3,742.00) / Credit Deleted an interior concrete curb that was no longer needed. Wald Architects and Engineers PLANNERS 332 Minnesota Street, Suite W2000 ARCHITECTS Saint Paul, MN 55101 woldae.com 1651 227 7773 ENGINEERS O , 9 6 8 2 0 , 8 5Y E A R S MEMORANDUM Page 2 of 2 9. COR #44 Helical Pile Adjustment ($6,966.00) / Credit Helical Piles at the Sallyport did not have to go as deep as originally thought. 10. COR #45 Steel Bracing Change $3,402.00 / Value Added Revision to steel bracing attachment for coiling door supports. 11. COR #46 Site Lighting Revisions ($22,966.00) / Credit Light fixtures on the North side of the building will be provided Tinder Pool and Park work. 12. COR #39R Fin Tube Enclosures $17,931.00 / Value Added Grilles for perimeter finned tub radiation were not procured under Terra's contract. This change adds the work to their scope. 13. COR #48 Electrical Revisions $4,628.00 / Value Added Revised card reader locations and added GFI receptacles to lockers. Wold Architects and Engineers recommends approval of the Change Order. Please let me know if you have any questions. cc: Joel Dunning, Wold L W/CI_NewHope/172007crsp/decl 8 P:.Document G701— 2017 Change Order PROJECT: (Name and address) City of New Hope Police Department and City Hall (Commission No. 172007) 4301 Xylon Avenue North New Hope, Minnesota 55428 Commission No. 172007 OWNER: (Nance and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT INFORMATION: Contract For: General Construction Date: December 11, 2017 ARCHITECT: (Name and address) Wold Architects and Engineers 332 Minnesota Street, Suite W200 St. Paul, Minnesota 55101 CHANGE ORDER INFORMATION: Change Order Number: Three (3) Date: December 10, 2018 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) COR #33 - Sliding Gate Revision. Deduct ($940,00) COR #35 -Revised Insulation Extents. Deduct ($14, 477.00) COR #36 -UPS Power Revision. Add $5,384.00 COR #37 - Signage Add $8,178.00 COR #38 - Door Frame Revisions. Deduct ($3,000.00) COR #41 - Floor Box. Add $3,149.00 COR #42 - Celing Revision. Deduct ($530.00) COR #43 -Revised Concrete Extents. Deduct ($3,742.00) COR #44 - Helicial Pile Adjustment. Deduct ($6,966.00) COR #4- Steel Bracing. Add . COR #46 -Site Lighting Revision.on. Deduct ct ($22, 966.00) COR 939R - Fin Tube Enclosures. Add $17,931.00 COR #48 -Electrical Revision. Add $4,628.00 VOL 0i TOTAL CHANGE ORDER NO.3 DEDUCT ($9,949.00) 1 The original Contract Suin was $ 14,792,500.00 The net change by previously authorized Change Orders $ 254, 000, 00 The Contract Sum prior to this Change Order was $ 15,047,000.00 The Contract Surn will be decreased by this Change Order in the amount of $ 9,949.00 The new Contract Sum including this Change Order will be $ 15,037,051.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers Terra General Contractors _City of New I -lope ARCHITECT (Firer nano) CONTRACTOR (Firm mire) OWNER (Firnr nrm,e) AIA Document G701 T"' — 2017. Copyright © 1979. 1987, 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:40:27 ET on 12107/2018 under Order No 7611454814 which expires on 01/09/2019, and is not for resale User Notes: (31219ADMB) SIGNATURE SIGNATURE SIGNATURE PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA Document G7017" — 2017. Copyright ® 1979, 1987, 2000. 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING; This AIAa Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAs' Document, or 2 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:48:27 ET on 12107/2018 under Order No 7611454814 which expires on 01109/2019, and is not for resale. User Notes; (3[39ADA50 ) City of New Hope New Police/pity Hall Facility Construction Update December 17, 2018 TM =V� A D o c u m e n t G 7 0 1 -2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of New Hope Police Department and Contract For: General Construction Change Order Number: Three (3) City Hall (Commission No. 172007) 4301 Xylon Avenue North Date: December 11, 2017 Date: December 10, 2018 New Hope, Minnesota 55428 Commission No. 172007 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of New Hope Wold Architects and Engineers Terra General Contractors 4401 Xylon Avenue North 332 Minnesota Street, Suite W200 21025 Commerce Boulevard New Hope, Minnesota 55428 St. Paul, Minnesota 55101 Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) COR #33 - Sliding Gate Revision. Deduct ($940.00) COR #35 -Revised Insulation Extents. Deduct ($14,477.00) COR #36 -UPS Power Revision. Add $5,384.00 COR #37 - Signage Add $8,178.00 COR #38 - Door Frame Revisions. Deduct ($3,000.00) COR #41 - Floor Box. Add $3,149.00 COR #42 - Celing Revision. Deduct ($530.00) COR #43 -Revised Concrete Extents. Deduct ($3, 742.00) COR #44 - Helicial Pile Adjustment. Deduct ($6,966.00) COR #45 - Steel Bracing. Add $3,402.00 COR #46 - Site Lighting Revision. Deduct ($22, 966.00) COR #39R - Fin Tube Enclosures. Add $17,931.00 COR #48 - Electrical Revision. Add $4, 628.00 TOTAL CHANGE ORDER NO. 3 DEDUCT ($9,949.00) The original Contract Sum was $ 14,792,500.00 The net change by previously authorized Change Orders $ 254,500.00 The Contract Sum prior to this Change Order was $ 15,047,000.00 The Contract Sum will be decreased by this Change Order in the amount of $ 9,949.00 The new Contract Sum including this Change Order will be $ 15,037,051.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Constriction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and L ugincci-s ARCHITECT (Firm mmne) Terra General Contractors C'0.y_of New 1Io 1e CONTRA TOR Firm nr ne OWN I if1. e( wp r �l AIA Document G701 TM — 2017. Copyright © 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Archilecls. Atf rights reserv`ezr.-WARNING: This AIA" Document is protected by U,S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:48:27 ET on 12/07/2018 under Order No, 7611454814 which expires on 01/09/2019, and is not for resale. User Notes: (3B9ADA5B) 1�1� SIG AT PRINTED NAME AND NAME AND TITLE IL 0 DATE SIGN PRINTE NAME AND TITLE V114, /[R DATE rYtC } � � SIGNAT MCDO Wd, Lid MBna$ar PRINTED NAME AND TITLE l- I q �/ 9 DATE AIA Document G701 - — 2017. Copyright© 1979, 1987, 2000 , 2001 and 2017 by The American Ins Mule of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:48:27 ET on 12/07/2018 under Order No. 7611454814 which expires on 01/09/2019, and is not for resale. User Notes: (3139ADA513) To: Kirk McDonald, City of New Hope From: Ben Beery I BB Date: March 25, 2019 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 4 Summary Below is a summary of the costs associated with Change Order #4 for the City Councils consideration on March 25,2019. The change order is attached to this memorandum. Change Order No. 4 Summary 1. COR #32 Plumbing Fixture Revision $11347.00 / Value Added Added plumbing fixtures to project not procured under original bid. 2. COR #40 Plumbing Revisions $2,936.00 / Value Added Revised piping routing per MN State Plumbing review. 3. COR #49 Fire Protection Drain $966.00 / Value Added Revised location of fire protection drain for easier maintenance / access. 4. COR #50 Gas Piping Change $804.00 / Value Added Relocated gas line for grill per direction from City Staff due to patio design. ' 5. COR #51 Intercom / Security Changes $9,258.00 / Value Added Added additional intercom and security devices per direction from City Staff. 6. COR #52 R Basement Ground Water $53,156/ Unforeseen Condition Per report from geotechnical engineer, added sump pit and drain tile to basement garage due to excess ground water, 7. COR # 54 Electrical Rough In's $897.00 / Value Added Added Electrical Rough In's for intercom system at booking. Original system bid was no longer able to be procured. 8. COR # 56 Revised Casework $1,065.00 / Value Added Revised Casework per City Staff direction. 9. COR #57 Omit Paint from Garage Slab ($11,980.00) / Credit Deleted Epoxy Paint from garage slab due to excess moisture. 10. COR #55R Marker board Changes ($1,613.00) / Credit Removed marker boards due to coordination with AV and Furniture. 11. COR #58 Floor Box Changes $10,187.00 / Value Added Revised floor box locations to coordinate with Furniture selected by City Staff. 12. COR #59 Added Electrical Circuits $1,868.00 / Value Added Added additional electrical circuits to fitness room to coordinate with equipment selected by City Staff. 13. COR #61 Revised Lockers Revised quantity of public lockers due to space constraints. 14. COR #62 Removed Drywall Trim Removed Drywall Trim no longer needed from project. 15. COR #63 Casework Revisions Revised casework in Room BI I I per City Staff Direction. 16. COR #64 Carpet Revision Revised carpet in Police Department per City Staff Direction. 17. COR #65 Add Electrical Added power / data to coordinate with AV Bid Pack. ($198.00) / Credit ($720.00) / Credit $130.00 / Value Added $721.00 / Value Added $1,029.00 / Value Added Wold Architects and Engineers recommends approval of the Change Order. Please let me know if you have any questions. cc: Joel Dunning, Wold LW/0_NewHope/7 72007crsp/decl8 nt G7 Document 01TM— 2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of New hope Police Department and Contract For: General Construction Change Order Number: Four (4) City Hall 4301 Xylon Avenue North Date: December 11, 2017 Date: March 18, 2019 New I -lope, Minnesota 55428 (Commission No. 172007) OWNER: (Name coal address) ARCHITECT: (Nate and address) CONTRACTOR: (Name and address) City of New Hope Wold Architects and Digineers Terra General Contractors 4401 Xylon Aventdc North 332 Minnesota Street, Suite W2000 21025 Commerce Boulevard New Ilope, Minnesota 55428 St. Paul, Minnesota 55101 Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (I).s•erl a detailed description of the change and, if applicable, allach or reference specijic exhiNts. Also include agreed upon adjustments atlrihulahle to e(eculed Construction Change. Directives.) COR ##32 Plumbing Fixture Revision. Add $1,347-00 COR #40 Plumbing Revisions. Add $2, 936(00 COR #49 Fire Protection Drain. Add $966.00 CUR #50 Gas Piping Change, Add $804.00 COR 451 Intercom / Security Changes, Add $9,2.58.00 COR 452 R Basement Ground Water. Add $53,156.00 COR # 54 Electrical Rough In's. Add $897.00 COR # 56 Revised Casework. Acid $1,065.00 COR #57 Omit Paint from Garage Slab. Deduct ($11,980,00) COR #55R Marker board Changes, Deduct ($1,613,00) COR #58 Floor Box Changes. Add $10,187.00 COR #59 Added Electrical Circuits. Add $1,868.00 COR #61 Revised Lockers. Deduct ($198.00) COR #62 Removed Drywall Trim. Deduct ($720.00) OR #63 Casework Revisions. Add $130.00 COR #64 Carpet Revision. Add $721.00 COR #65 Add Electrical. Add $1,029.00 'TOTAL CIIANGE ORDER NO. 4 ADD $695853.00 The original Contract Sum was $ 14,792,500,00 The net change by previously authorized Change Orders $ 244,551.00 The Contract SLIM prior to this Change Order .was $ 15,037,051.00 The Contact Stint will be increased by this Change Order in the amount of $ 69,953,00 The new (:ontract Sum including this Change Order will be $ 15,106,904.00 The Contract Time will be unchanged by Zero (0) days, The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the COWMICl Sum 01- Guaranteed Maximum Price, or the Contract Timm; that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is exceulcd to supersede the Construction Change Directive. AIA Document G701 r'A — 2017. Copyright (O 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Docurent is protected by U.S- Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maxinuun extent possible under the law. This docurnent was produced by AIA software at 11:55:40 Er on 03/1212019 under Order No. 0086611644 which expires on 0110912020, and is not for resale User Notes: (3139ADA47) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers Terra General Contractors City of New Hope ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Fr r naa aC�u IV ft'.���.� SIGNATURE SIGNATURE SIGNATURE PRINTED NAME AND TITLE DATE PRINTED NAME AND TITLE NTED NAME AND TITLE DATE DATE AIA Documenl G701 T"' — 2017, Copyright Oc 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rlghts reserved. WARNING; This AIA"= Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or Z any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:55:40 ET on 03/12/2019 under Order No 0086611644 which expires on 01/0912020, and is not for resale. User Notes: (3139ADA47) RESOLUTION 2019-06 Resolution appointing city manager as director to the HRG Board for a term Item 6.9 expiring December 31, 2019. MOTION Appointment of assistant weed inspector for 2019. Item 6.10 RESOLUTION 2019-07 Resolution re -appointing Bill Wills as New Hope's representative and Bob Grant Item 6.12 as New Hope's alternate representative to the Shingle Creek Watershed Management Commission. MOTION Approval of April 11, 2019, as date for local Board of Appeal and Equalization Item 6.13 Meeting. RESOLUTION 2019-08 Resolution authorizing final payment to Visu-Sewer Inc. in the amount of Item 6.14 $15,270.33 for the 2017 and 2018 Sanitary Sewer Lining project (Improvement Project No. 996). MOTION Motion was made by Council Member Frazier, seconded by Council Member Consent Items Hoffe, to approve the Consent items with the exception of Item 6.11. All present voted in favor. Motionsarried. POLICE Mayor Hemken introduced for discussion Item 8.1, Resolution approving change STATION/CITY HALL order no. 3 in a credit amount of $9,949 with Terra Contractors for police CHANGE ORDER NO. station/city hall construction project (Improvement Project No. 994). 3 (IMP. PROJECT NO. 994) Mr. Kirk McDonald, city manager, introduced Joel Dunning of Wold Architects. Item 8.1 Mr. McDonald explained the Council reviewed the details of change order no. 3 at the December 17 work session. He stated Council is asked to formally approve the change order. Mr. Dunning reviewed the major components of change order no. 3 and stated the change order total is a credit of $9,949. Mr. Dunning also updated Council on additional drain the and sump system that is necessary for the police garage. He stated the initial quote is $62,000 but may be less depending on the quantity of drain tile. He recommended Council approve a not to exceed price of $62,000 at this time to avoid construction delay. He stated the final cost will be included in a subsequent change order. He reported the construction contingency balance for the project is approximately $200,000. Council authorized the drain tile work for a cost not to exceed $62,000. Discussion ensued regarding storm water treatment related to the project. Mr. McDonald noted that Shingle Creek Watershed Management Commission reviewed the plan and complimented the city on recent storm water treatment efforts. RESOLUTION 2019-09 Council Member Hoffe introduced the following resolution and moved its Item 8.1 adoption: "RESOLUTION APPROVING CHANGE ORDER NO. 3 IN A CREDIT AMOUNT OF $9,949 WITH TERRA CONTRACTORS FOR POLICE New Hope City Council January 14, 2019 Page 3 _413-AIA Document G701TM —2017 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of New Hope Police Department and Contract For: General Construction Change Order Number: Five (5) City Hall 4301 Xylon Avenue North Date: December 11, 2017 Date: May 14, 2019 New Hope, Minnesota 55428 (Commission No. 172007) OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of New Hope Wold Architects and Engineers Terra General Contractors 4401 Xylon Avenue North 332 Minnesota Street, Suite W2000 21025 Commerce Boulevard New Hope, Minnesota 55428 St. Paul, Minnesota 55101 Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if'applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives) COR #8 Winter Conditions. Add $19,622.00 COR #66 Soil Retention. Add $15,225.00 PR #42 Paint Exposed Piping. Add $262.00 PR 433 Omit Revised Casework. Deduct ($1, 065.00) COR #70 Soil Correction Basement. Add $13, 087.00 COR #71 Credit for Access Panels. Deduct ($2,295.00) COR #72 Delete Paint at Mech. Deduct ($1, 344.00) PR #44 Additional Wall Support at Control Room. Add $2,492.00 PR #46 Intox Data Relocate. Add $2, 317.00 PR #47 Revised Casework A158 and B136. Add $2,239.00 PR #49 Oven Power. Add $3,110.00 TOTAL CHANGE ORDER NO. 5 ADD $53,650.00 The original Contract Sum was $ 14,792,500.00 The net change by previously authorized Change Orders $ 314,404.00 The Contract Sum prior to this Change Order was $ 15,106,904.00 The Contract Sum will be increased by this Change Order in the amount of $ 53,650.00 The new Contract Surn including this Change Order will be $ 15,160,554.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Constriction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701 TM - 2017. Copyright© 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAl'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA13 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:09 ET on 05/14/2019 under Order No. 0086611644 which expires on 01/09/2020. and is not for resale. User Notes: (3B9ADA4F) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers ARCHITECT (Firm name) 51G�IA�H�t PRINTED N� ME AND TITLE (g I i DATE Terra General Contractors CONTRACTOR (Finn name) %L IGNATII PRINT D�AND TITLE CUv of New Houe 0W rn name) a � SIG,ATUR i�i>EIC kaki, City Manager PRINTED NAME AND TITLE �v•/�/� framl��af DATE DATE AIA Document G701 TM — 2017. Copyright © 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA"" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document: or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:36:09 ET on 05/14/2019 under Order No. 0086611644 which expires on 01/09/2020, and is not for resale. User Notes: (3139ADA4F) MEMORANDUM To: Kirk McDonald, City of New Hope From: Ben Beery I BB Date: January 15, 2020 Comm. No: 172007 Subject: City of New Hope New Police/City Hall Facility Change Order No. 6 (Terra) and Change Order No. 1 (VSI) Summary Below is a summary of the costs associated with Change Order #6 (Terra) and Change Order #1 (Video Services) for the City Councils consideration on January 21, 2020. The change orders are attached to this memorandum. Change Order No. 6 Summary / Terra General 1. COR #68 Revised Sump Pump at Existing Basin ($2,627.00) / Credit Revised piping on sump on basement to save costs. 2. COR #69 Revised Casework in B115 $620.00 / Value Added Revised casework in copy room per direction from City Staff. 3. COR #77 Add Electric Strike to Door B145 $1,165.00 / Value Added Added electric strike to door to operate a card reader. 4. COR #79 Key Box $401.00 / Value Added Increased size of key box per direction from City Staff. 5. COR #80 FEC Change in A131A $263.00 / Value Added Relocated Fire Extinguisher per owner and fire marshal request. 6. COR #84 Option #3 A110A Monitors ($1,735.00) / Credit Deleted tv monitors from contractors scope. 7. COR #85 Generator Fuel Grade Change $869.00 / Value Added Upgraded grade of generator fuel per direction from City Staff. 8. COR #86 Changed Actuator on Door A110 $431.00 / Value Added Changed door actuator paddle from wall mount to mullion mount. Wold Architects and Engineers PLANNERS 332 Minnesota Street, Suite W2000 ARCHITECTS Saint Paul, MN 55101 woldae.com 1 651 227 7773 ENGINEERS MEMORANDUM Page 2 of 5 9. COR #87 Add Ceiling Access Panel in Chambers $0.00 / No Cost Added access panels in ceiling. This was in the original contract as extra materials. 10. COR #88 Remove Marker board in B125 $525.00 / Value Added Revised marker board layout per direction from City Staff. 11. COR #89 Omit VB from A133,A134,A135,A136,A139 ($170.00) / Credit Removed vinyl base from mechanical rooms. 12. COR #90 Add water lines to Refrigerators $593.00 / Value Added Add water lines to accommodate owner purchased refrigerators. 13. COR #91 Falcon Sensor System $0.00 / No Cost Substituted a floor loop for a Falcon Sensor for door control per manufactures recommendations. 14. COR #92 Lock Changes B143 and B122 $877.00 / Value Added Revised locks on doors per City Staff direction. 15. COR #93 Credit for Copy Room Door B106 ($835.00) / Credit Deleted sliding door per City Staff direction. 16. COR #94 Plates for Scramble Pads $962.00 / Value Added Added plates to sides and top of scramble pad key pads for additional privacy. 17. COR #95 Hardware Change to Door A130A Revised locks on doors per City Staff direction. 18. COR #96 Asphalt for Temp Sidewalks Contractor provided temporary asphalt sidewalks for building use. 19. COR #98 Add an additional light fixture head Added an additional exterior light at the Fire Station. 20. COR #99 Conduit for Irrigation Box From Boiler Room Added a pathway for irrigation controls per Stantec direction. 21. COR #100r2 Added FE Cabinet and Extinguishers Added two fire extinguishers per Fire Marshall Direction. $1,521.00 / Value Added $2,363.00 / Value Added $1,428.00 / Value Added $326.00 / Value Added $623.00 / Value Added MEMORANDUM Page 3 of 5 22. COR #101 Duct Heater in Room B144 $5,597.00 / Value Added Added a duct heater to control humidity in room B144 due to lack of heat from equipment. 23. COR #102 Holding Cell Floors Revised finish on holding cell floors. ($1,347.00) / Credit 24. COR #103 Wall Finish Work from PR 35 $821.00 / Value Added To accommodate furniture selection, some walls had to be opened up to accommodate power needs. 25. COR #105 Clerical Floor Box Change on B111 Revised floor box to accommodate furniture. $244.00 / Value Added 26. COR #106 Credit for Sidewalk Removal ($135.00) / Credit Removed sidewalk removal from contract as it was completed by another contractor. 27. COR #108 Elevator Emergency Power $7,330.00 / Value Added Revise emergency power per Elevator Inspector. Change Order No.1 Summary / Video Services, Inc. 1. RFI 3 Replace TSCW-730 with TSW-760 and RMC3 $0.00 / No Cost Product replacement due to availability. No cost. 2. RFI Item #7 - Mounting council chambers displays overhead $393.55 / Value Added Revised mounting of monitors in Chambers. 3. RFI Item #10 - Add finger molding and mic cables. $483.86 / Value Added Changed mic cables and cable management at Dias per contractor recommendation. 4. RFI Item #15 - Move council video feed to work session switcher $0.00 / No Cost Moved video feed per contractor recommendation. 5. RFI Item #16, #22 - Touch panel table top adaptor. $258.06 / Value Added Added adapter to touch panels in two rooms. 6. RFI Item #18 - WP1 and WP2 rough ins for podium connection $500.00 / Value Added Added rough in for wall connections for podiums. 7. RFI Item #24 - Small conference rooms network switch $387.09 / Value Added Added network switch per installers recommendations. MEMORANDUM Page 4 of 5 8. RFI Item #29 - Corridor control upgrade $516.12 / Value Added Upgraded corridor volume control per installers recommendations. 9. RFI Item #31 - Dais mic control to computer/digital control. $451.61 / Value Added Upgraded volume control to be digital control in control room per installer's recommendations. 10. RFI Item #35 - Upgrade work session to 2 channel loop system. $1,261.15 / Value Added Upgraded assisted listening system per installers recommendations. 11. RFI Item #36 - Remove Blu-ray from roll call room. ($268.81) / Credit Deleted Blu-ray player per City Staff Direction. 12. RFI Item #37 - LG displays in place of Samsung $0.00 / No Cost Changed manufacturer due to availability. 13. RFI Item #38 - Mount discontinued for display in roll call $451.61 / Value Added Change of product due to discontinued mount. 14. RFI Item #39 — Revise Podium transmitter for CC, WS, PC, and RC ($2,150.50) / Credit Revised product due to availability. 15. RFI Item #43 — Upsize extron panel to 10" touch panel. $386.11 / Value Added Increased touch screen panel size to better accommodate user interface. 16. RFI Item #44 - Adding DSP to work session. $1,354.82 / Value Added Added DSP switcher to work session to mix audio. 17. RFI Item #47 - Change plates at displays for AV connections. $412.90 / Value Added Revised plates behind displays to accommodate all AV connections. 18. RFI Item #48 - Add second HDMI for computer at staff podium. $632.25 / Value Added Added an additional HDMI input for permanent computer. 19. RFI Item #49 — Add Wiring to staff rear table in council chambers. $335.00 / Value Added Added wiring location for recorder to rear staff table. 20. PR 1— Audio Monitor Equipment Replacement $830.00 / Value Added Change of product due to discontinued product from manufacturer. 21. Mount CD Recorder $199.00 / Value Added Located CD Recorder at location directed by City Staff. MEMORANDUM Page 5 of 5 Wold Architects and Engineers recommends approval of these Change Orders. Please let me know if you have any questions. cc: Joel Dunning, Wold CM/CI_NewHope/172007/crsp/jan20 Document G701 - 2017 Change Order PROJECT: (Name and address) City of New Hope Police Department and City Hall 4301 Xylon Avenue North New Hope, Minnesota 55428 (Commission No. 172007) OWNER: (Name and address) City oFNew Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT INFORMATION: Contract For: General Construction Date: December I I, 2017 ARCHITECT: (Name and address) Wold Architects and Engineers 332 Minnesota Street, Suite W2000 St. Paul, Minnesota 55101 CHANGE ORDER INFORMATION: Change Order Number: Six (6) Date: January 15, 2020 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) COR #68 Revised Sump Pump at Existing Basin (PR#30R). Deduct ($2,627.00) COR #69 Revised Casework in B 115 (Revised). Add $620.00 COR #77 Add electric Strike to Door B 145. Add $1,165.00 COR #79 Key Box. Add $401.00 COR #80 FEC Change in A13IA. Add $263.00 COR #84 Option #3 A 1 l0A Monitors. Deduct ($1,735.00) COR #85 Generator Fuel Grade Change. Add $869.00 COR #86 Changed Actuator on Door A 110, Add $431.00 COR #87 Add Ceiling Access Panels in Council Chambers. Add $0.00 COR #88 Remove Marker Board in B 125, Add $525.00 COR #89 Omit VB from A133, A134, A135, A136, and A139. Deduct ($170.00) COR #90 Add Water Lines to Refrigerators in A159 and B136. Add $593.00 COR #91 Falcon Sensor System. Add $0.00 COR #92 Lock Changes B143 and B122. Add $877.00 COR #93 Credit for Copy Room Door B 106, Deduct ($835.00) COR #94 Plates required to read Scramble Pads Add $962.00 COR #95 Hardware Change to Door A130A. Add $1,521.00 COR #96 Asphalt for Temp Sidewalks Add $2, 363.00 COR #98 Add an Additional Light Fixture Head. Add $1, 428.00 COR 499 Conduit for Irrigation Box from Boiler Room. Add $326.00 COR #100R2 Added FE cabinets and extinguishers. Add $623.00 COR #101 Duct Heater in Room B t44. Add $5,597.00 COR #102 [folding Cell Floors. Deduct ($1,347.00) COR #103 Wall Finish Work for PR 1135. Add $821.00 COR # 105 Clerical Floor Box Change in 13111. Add $244.00 COR #106 Credit for existing sidewalk removal by Sunram. Deduct ($135.00) COR #108 Elevator Inspector. Add $7,330.00 TOTAL CHANCE ORDER NO. 6 ADD $20,110.00 AIA Qoeument07011" - 2017. Capynght01979, 1987. 2000. 20D1 and 2017 by TheAmenran Institute of Archilects. Alt rights reserved. WARNW& This AIA^ Umtimeni Is protected by US, Copytlght.Low and Intornatlonal Treaties. Unauthorized coproduction or distabulIon of this AiA'nocument, or any portion of il, may result in sovare etvl1 and rrlFill rlst Pen altloo, and will ho prosecuted to the maxtmurn axtent posalble under th❑ law. Thin document was produced by A I A software at 11:53:24 ET on DI it 512020 under Order No. 664099 524 5 which expires on 0110512021. and Is not for resale. deer Notes: (389AUME) The original Contract Sum was 5 14,792,500.0t] The net change by previously authorized Change Orders $ 368,054.00 The Contract Sum prior to this Change Order was S 15,160,554.00 The Contract Sum will be increased by this Change Order in the amount of S 20,,110.00 The new Contract Sum including this Change Order will be S 15,180,664.00 The Contract Time will be unchanged by Zero (0) days, The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and bnaineers Terra General Contractors City of New Hope ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) SIGNATURE SIGNATURE SIGNATURE Jrwl Dunning, Partner PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE DATE DATE DATE AIA Document G701 T"' — 2017. Copyright ® 1979. 1987. 2000, 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:53:24 ET on 0111512020 under Order No. 6640995245 which expires on 01/0812021, and is not for resale User Notes: (3B9ADME) �,!-! 1 '- A I A Document G701TM —2017 Change Order PROJECT: (Name and address) City of New Hope Police Department and City Hall 4301 Xylon Avenue North New Hope, Minnesota 55428 (Commission No. 172007) OWNER: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 CONTRACT INFORMATION: Contract For: General Construction Date: December 11, 2017 ARCHITECT: (Name and address) Wold Architects and Engineers 332 Minnesota Street, Suite W2000 St. Paul, Minnesota 55101 CHANGE ORDER INFORMATION: Change Order Number: Six (6) Date: January 15, 2020 CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Boulevard Rogers, Minnesota 55374 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) COR #68 Revised Sump Pump at Existing Basin (PR#30R). Deduct ($2, 627.00) COR #69 Revised Casework in B115 (Revised). Add $620.00 COR #77 Add electric Strike to Door B 145. Add $1,165.00 COR #79 Key Box. Add $401.00 COR #80 FEC Change in A13IA. Add $263.00 COR #84 Option #3 A 1 1 OA Monitors. Deduct ($1, 735.00) COR #85 Generator Fuel Grade Change. Add $869.00 COR #86 Changed Actuator on Door Al 10. Add $431.00 COR #87 Add Ceiling Access Panels in Council Chambers. Add $0.00 COR #88 Remove Marker Board in B 125. Add $525.00 COR #89 Omit VB from A133, A134, A135, A136, and A139. Deduct ($170.00) COR #90 Add Water Lines to Refrigerators in A 159 and B 136. Add $593.00 COR #91 Falcon Sensor System. Add $0.00 COR #92 Lock Changes B143 and B122. Add $877.00 COR #93 Credit for Copy Room Door B 106. Deduct ($835.00) COR #94 Plates required to read Scramble Pads Add $962.00 COR #95 Hardware Change to Door Al30A. Add $1,521.00 COR #96 Asphalt for Temp Sidewalks Add $2,363.00 COR #98 Add an Additional Light Fixture Head. Add $1,428.00 COR #99 Conduit for Irrigation Box from Boiler Room. Add $326.00 COR #100R2 Added FE cabinets and extinguishers. Add $623.00 COR #101 Duct Heater in Room B144. Add $5,597.00 COR #102 Holding Cell Floors. Deduct ($1,347.00) COR #103 Wall Finish Work for PR #35. Add $821.00 COR #105 Clerical Floor Box Change in B1 11. Add $244.00 COR #106 Credit for existing sidewalk removal by Sunram. Deduct ($135.00) COR #108 Elevator Inspector. Add $7,330.00 TOTAL CHANGE ORDER NO. 6 ADD $20,110.00 AIA Document G701TM — 2017. Copyright © 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA11 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:53:24 ET on 01/15/2020 under Order No. 6640995245 which expires on 01/0812021, and is not for resale. User Notes: (3139ADME) The original Contract Sum was $ 14,792,500.00 The net change by previously authorized Change Orders $ 368,054.00 The Contract Sum prior to this Change Order was $ 15,160,554,00 The Contract Sum will be increased by this Change Order in the amount of $ 20,1 10.00 The new Contract Sum including this Change Order will be $ 15,180,664.00 The Contract Time will be unchanged by Zero (0) days. The new date of Substantial Completion will be June 15, 2019 NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Wold Architects and Engineers A t in name) . SIGNATURE Joel Dunnin�,Partner PRINTED NAME AND TITLE 2,1 3 U DATE Terra General Contractors CONTRACTMY54, +nej SNATURE PRINTED NAME AND TITLE DATE Citv of New Bone OWNE u'rn ++ tine) ti SIGNATURE - I. P i Y PRINTED NAME AND TITL DATE AIA Document G701 TM — 2017. Copyright© 1979, 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA"' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'-3 Document, or 2 any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:53:24 ET on 01/15/2020 under Order No. 6640995245 which expires on 01/08/2021, and is not for resale. User Notes: (3139ADA4E) Request for Action December 13, 2021 Approved by: Kirk McDonald, City Manager Originating Department: City Manager By: Valerie Leone, City Clerk/Treas. Kirk McDonald, City Manager Agenda Section Consent Item Number 6.5 Agenda Title Resolution approving final payment of $10,000 to Terra General Contractors, LLC for the construction of the police station/city hall project (Improvement Project No. 994) Requested Action Staff recommends that the City Council accept the construction of the police station/city hall project and authorize final payment to Terra General Contractors, LLC for $10,000. All of the necessary paperwork has been provided by the contractor. Background The city began discussing the police department and city hall space needs issue in 2013. Following citizen task force reports, the City Council approved a contract for design and construction services with Wold Architects and Engineers in January 2017. On December 11, 2017, the Council awarded a contract for the construction of a new police station/city hall facility to Terra General Contractors for $14,792,500. Change orders totaled $388,164 resulting in the total contract amount of $15,180,664 with Terra. The city was withholding the final payment of $10,000 to ensure receipt of utility as built drawings. Stantec has reviewed the as builts and find the records acceptable. Wold Architects and Engineer support making the final payment to Terra. Funding The project was funded with $18,435,000 general obligation capital improvement plan bonds, series 2017A. On November 8, 2021, Council authorized transferring $400,000 of remaining bond proceeds from the city hall construction fund to the public works facility fund. Attachments • Resolution • Letter from Wold Architects and Engineers ■ Final Pay request from Terra General Contractors IC-134 contractor affidavit I.• \ RFA \ City Manager \ 2021 \ Project 994 final payment \ Q -Closeout 994 12.13.21.docx City of New Hope Resolution No. 2021- 109 Resolution approving final payment of $10,000 to Terra General Contractors, LLC for the construction of the police station/city hall project (Improvement Project No. 994) WHEREAS, on December 11, 2017, the city entered into a contract with Terra General Contractors, LLC to construct a new police station/city hall project; and WHEREAS, staff is recommending that the Council adopt a resolution to accept the completion of work for the police station/city hall project (Improvement Project No. 994) and approve final payment to Terra General Contractors, LLC in the amount of $10,000; and, WHEREAS, staff has reported that all work has been satisfactorily completed and recommends that final payment be made to Terra General Contractors, LLC. WHEREAS, the funding source for this project is the general obligation capital improvement plan bonds, series 2017A, that were issued in December of 2017. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the City Council accepts the work for the construction of the police station/city hall project (Improvement Project No. 994) from Terra General Contractors, LLC. 2. That the city manager is hereby directed to authorize the final payment of $10,000 to Terra General Contractors, LLC. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 13th day of December 2021. '-Mayor Attest: te�(-L-Lt- City Clerk November 19, 2021 Valerie Leone, Clerk Treasurer City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Re: City of New Hope New Police Department and City Hall Commission No. 172007 Dear Val: Forwarded in this package are the following closeout documents: 1. A signed copy of the punch list stating that all items are complete. 2. Contractor's Affidavit of Payment of Debts and Claims, AIA G706. 3. Contractor's Affidavit of Release of Liens, AIA Document G706A. 4. Consent of Surety Company for Final Payment, AIA Document G707. 5. Minnesota Tax Administration Form IC-134 for Terra and all Subcontractors. 6. Final Application for Payment. We have reviewed Terra Construction's Application and Certificate for Payment No. 23 and are approving it for Final Payment based upon submittal of the above close-out documents. Please pay $10,000.00 to Terra Construction at your earliest convenience. Payment of Pay Request No. 23 will close out the project and initiate the warranty period for all construction identified on the punchlist. Sincerely, Wold Architects and Engineers ko ~ Joel L. Dunning I AIA, LEED AP Partner Enclosures cc: Braden Koeppe, Terra Construction Ben Beery, Wold (letter only) TD/CI_New Hope/172007/crsp/nov21 Wold Architects and Engineers PLANNERS 332 Minnesota Street, Suite W2000 ARCHITECTS Saint Paul, MN 55101 woldae.com 1 651 227 7773 ENGINEERS 1A Document G702 —'1992 Application and Certificate for Payment TO OWNER: City of New Hupe PROJECT: 18-575 City of New Hope Police APPLICATION NO: 18-575-023 Retainagre Distribution to: 4401 Xylon Avenue North Iaepartinent and City Hall PERIOD T0: Septcmbtr 30.2021 OitYf�El�: New Hope MN 55428 4301 Xylnn Avenue North New, Hope Mti' 55428 CONTRACT FOR: General Construction ARCHITECT: FROM Terra General Contractors VIA Wolti Archileels and Engineers CONTRACT DATE: Dcccmber 11. 2017 CONTRACTOR: CONTRACTOR: - 1025 Commerce Blvd Ste 1000 ARCHITECT.- 332 Minnesota Street Ste W20DO PROJECT NOS: 172007 � 1$-575 � 172007 Rogers MN 55374 St Paul MN 55101 FIELD. ❑ CONTRACTOR'S APPLICATION FOR PAYMENT Applicalmn is made for payment, as shown below, in connection with the Contract. AIA Docutnem G703. Continuation Sheet, is :attached. 1. ORIGINAL CONTRACT SUM ......... ............. ............. ..... .......... ........... ..W....... $14,792,500.00 2. NET CHANGE BY CHANGE ORDERS ... .... .............. ..._....................... ............ _, S389,164A0 3. CONTRACT SUM TO DATE (Line 1 t 2)..... .................................... ................... $15J 80.664.00 4, TOTAL COMPLETED & STORED TO DATE (Column G on G703) ................. S 15,180,664.00 5. RETAINAGE: a- 0 % of Completed Work (Column D - E cn G703) S0.00 In. 0 ,n of Stored Material (Colurrm F on G703) 50.00 1'otal Retainage (Lines Sa - 5b or Total in Colttmn I of G703) ................. $0.00 6. TOTAL EARNED LESS RETAINAGE............ ......................... ....... __........... S 15,180,664-00 (Line 4 Loss line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT ................................ .,....... S 15,170,664-00 (Lino 6 from prior Cenificare) S. CURRENT PAYMENT DUE .................................... ................. I.................... $10,000.00 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) S0.00 CIIAN(;E OPQER SUMMARY ADDII1()NS I DI 1)UC7 IONS Total change,,; approved in previous months by {h:,,nor S398,1 13.001 S9,949.00 oral approved this Month 50,00 $0.00 TOTALS S398.113.00 S9,949.00 NET C°HAN( I:S by Change Order S388.164.00 OTHER: ❑ The undersigned Contractor certifies that to The best of the Contracioes knowledge, information and belief the Work covered by this Application for Payment has been, completed in accordance v6 ith the Contract Documents, that all amounts have been Raid by the Conir for for Work for which prieviotts Certificates for Payment were issued and payments rec iv ed front the Owner, and that current payment shown herein is now due. CONTRAG By: note_ L — State of Minnesoia County of Hennepin .wTERE$A 1 JENSEN _a suhnbLd and Sworn to re �.tMaearYPl is stateottAicrnesote me this �T�day of 1b6'� �� r� My Cbmmims Expires January TI, 2026 Notary Pubiic: NJensen My Commission expires: January 31, 2026 ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site observalionts and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, rite gtiality of the Work is in accordance wilb the Contract Documents, and the C.vntractnr is entitled to payment of the AMOUNT CERTIFIED. AMOUNTCERTIFIED...................................................................................... 510,000.00 (Artaeh explanation if amount cemfred drffers from the amount applied. initial all j gurec un this Application and on the a►rlinuation Sheet that are changed to conform wide the amount eerfi/ied.) ARCHiiE : , By: Dater WQI Arehit+e & Engi ers This Ccrtifi c is not negotta le. The AMOUNT CERTIFIED is payable an y to t}re Contractor named herein. issuance, isaymeral unit acceptance ofpayment are without prejudice to any rights of the Owner or Contractor under this Contract. ALA Document G7026 - 1992. Copyright O 1953, 1963, 1965, 1W1, 1976, 1 %3 and 1992 by The Arnerkwi Institute of Archilects. All rights reserved. The -American Institute of Architects," -ALA,' the AIA Lago, 'G702,' and "ALA Contract Documents -,are registered trademarks and may not be used witti" permis--aw- This domment was produced by AlA software at 1527:03 CT on 10/1412021 under Order No.1547a96054 which expires on 0412412022. is not for resale, �s iicer>~aed for pre -hue use nn ly, and may only be used in accordance wrth me AIA Con"O RocumerhWl Terms of Service. To repot copyright violations, e-mail copynghtgwa.org. User Notes: i3B9ADA591 Document G706TM-1994 Contractor's Affidavit of Payment of Debts and Claims PROJECT: (Name and address) 18-575 City of New Hope Police Department and City Hall 4301 Xylon Avenue North New Hope MN 55428 TO OWNER: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope MN 55428 STATE OF: Minnesota COUNTY OF: Hennepin ARCHITECT'S PROJECT NUMBER: 172007 CONTRACT FOR: General Construction CONTRACT DATED: December 11, 2017 OWNER: L9 ARCHITECT: CONTRACTOR: SURETY: OTHER: ❑ The undersigned hereby certifies that, except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: Retainage Pay App #23, Invoice #18-575-20210930 in the amount of $10,000. SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA Document G707, Consent of Surety, may be used for this purpose Indicate Attachment ® Yes ❑ No The following supporting documents should be attached hereto if required by the Owner: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. 3. Contractor's Affidavit of Release of Liens (AIA Document G706A). CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Blvd Ste 1000 Rogers MN 55374 BY: (,1, (Signature of authorized representative) (Printed name and title) Subscribed and sworn to before me on this date: OdldbseL /9, 000t. Notary Public: A My Commission Expires: /-3/— Zoz5" Vr. 5TACEY lEr. GRLiETT Notary Public, Stste of Minnesota ,`' sky Commission Expires i. January 31, 202S AIA Document G706'" —1994. Copyright @ 1970 and 1994 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission, This document was produced by AIA software at 15:30:24 CT on 10/18/2021 under Order Ne,1547896054 which expires on 04/24/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents' Terms of Service. To report copyright violations, e-mail copyright@aia.org User Notes: (3B9A.DA60) ffi it ". Document G706 -1994 Contractor's Affidavit of Release of Liens PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: 18-575 City of New Hope Police 172007 ARCHITECT: Department and City Hall 4301 Xylon Avenue North CONTRACT FOR: General CONTRACTOR: New Hope MN 55428 Construction SURETY: ❑ TO OWNER: (Name and address) CONTRACT DATED: December 11, 2017 OTHER: ❑ City of New Hope 4401 Xylon Avenue North New Hope MN 55428 STATE OF: Minnesota COUNTY OF: Hennepin The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: Retainage Pay App #23, Invoice #18-575-20210930 in the amount of $10,000. SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. CONTRACTOR: (Name and address) Terra General Contractors 21025 Commerce Bl i Ste 1000 Rogers MN 55374 BY: (Signalure of authorized r vent ve 11 jut A kAJ t (Printed name and title) Subscribed and sworn to before me on this date: ockA&S 19, zozl Notary Public: My Commission Expires: /— ?/— Zd Z< MaeUETT 1441nnsriotaxpi25 AIA Document G706A" — 1994. Copyright© 1982 and 1994 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 15:30:46 CT on 10/18/2021 under Order No.1547896054 which expires on 04/24/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia org. User Notes: (3139ADA75) Bond # 16149429 m AIA Document G707TM .1994 Consent of Surety to Final Payment PROJECT: (Name and address) City of New Hope Police Department and City Hall, 4301 Xylon Avenue North, New Hope, Minnesota TO OWNER: (Name and address) City Of New Hope 4401 Xylon Ave No. New Hope, MN 55428 ARCHITECT'S PROJECT NUMBER: OWNER ❑ CONTRACT FOR: ARCHITECT ❑ CONTRACTOR ❑ CONTRACT DATED: 12/11/2017 SURETY ❑ OTHER ❑ In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert name and address of Surety.) The Guarantee Company Of North America USA 605 Highway 169, Suite 800 Plymouth, MN 55441 SURETY. on bond of (Insert name and address of Contractor) Terra General Contractors, LLC DBA Terra Construction 21025 Commerce Blvd., Suite 1000 Rogers, MN 55374 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner.) City Of New Hope 4401 Xylon Ave No. New Hope, MN 55428 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: October 27th 2021 (Insert in writing the month followed by the numeric date and year.) The Guarantee Company Of North America USA (Surety) (Signature of authorized representative) = Troy Staples, Attorney -in -fact (,fie (Printed name and title) 7:CAUTI0�h Y!�u should sign an original AIA Contract Document, on which this text appears in RED. An original assures that rWunoes will not he o6s•ured. AIkPgwarMtG7Q7'_'=-1684. CopyrightO 1970 and 1994 by The American Insttute of Architects. PJI rights reserved. WARNING: Tills AIA' Dacuriont-la prptbc'nOY U.S. Copyright Law and International Treaties. Unauthorized reproduction or dlalr#hutlon of this AWDoeument, or any porilais of -fit, may rB861 In saver& civil and criminal penalties, and will be prosecuted to the maximum extant posslbte under the law. Purchasers are not j 4nBted to reproduce this document. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. Document G707 TM -1994 Instructions Consent of Surety to Final Payment GENERAL INFORMATION Purpose. AIA Document G707TM is intended for use as a companion to AIA Document G706TM, Contractor's Affidavit of Payment of Debts and Claims, on construction projects where the Contractor is required to fumish a bond. By obtaining the Surety's approval of final payment to the Contractor and its agreement that final payment will not relieve the Surety of any of its obligations, the Owner may preserve its rights under the bond. Related Documents. This document may be used with most of the AIA's Owner -Contractor agreements and general conditions, such as A201 and its related family of documents. As noted above, this is a companion document to AIA Document G706. Use of Current Documents. Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition. Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document. The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G707, but only for use in connection with a particular project. The AIA will not permit reproduction outside of the limited license for reproduction gratlted above, except upon written request and receipt of written permission from the AIA. Rights to reproduce the document may vary for users of AIA software. Licensed AIA software users should consult the End User License Agreement (EULA). To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, capyrightta'_@aia,org. CHANGES FROM THE PREVIOUS EDITION Changes in the location of various items of information were made, without revision to the substance 'of the document. COMPLETING G707-1994 General. The bond form is the usual source of required information such as the contract date and the names and addresses of the Surety, Owner, Contractor and Project. Architect's Project No. This information is typically supplied by the Architect and entered on the form by the Contractor. Contract For. This refers to the scope of the contract, such as "General Construction" or "Mechanical Work." EXECUTING THE DOCUMENT AIA Document G707 requires both the Surety's seal and the signature of the Surety's authorized representative. J� AIA Document G707ym —1994. Copyright 01970 and 1994 by The Arnerican Institute of Architects. All rights reserved. &K6Nu! Tfdal. Document is protected by U.S. Copyright Law and Intomatlonal Treaties. Unauthorized reproduction or distributton of�ftNg eAF, cgminGdr any portion of It, may rasult In severe clvll and crlminal penalUss, and will be prosecuted to the maximum extent poSol hle undef4ka lafT.PWINasers are not permitted to reproduce this document. To report copyright violations of AIA Contraet Documents, email The Amancan Institute of Archltecls' legal counsel, copyright@ais.org. Iintact INSURANCE Poliver of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Jonathan Pate, Zachary Pate, Jennifer Boyles, Nicholas Hochban, Thomas Lahl, Thomas Kemp, Troy Staples, each individually If there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal, This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Allomey-in-Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. Pd��1(Y 1 ��S4,yry6 fH �SPEALx" m' I�P'KW 1986 'o' By r � STATE OF MINNESOTA 3 +q�eJsv rvs`. ja Paul J. Brehm, Senior Vice President HENNEPIN COUNTY� On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. =PURUC •TROUT NESOTAExpires`026 NotaryPublic I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 27fh day of October 2021 01 IHBG y yQ• ¢ �r �R4,G SyvpP�flpHRlf pm - y Ll1L Ue' 1986 OZ This Power of Attorney expires January 31, 2025 Please direct botkl vefificatitiq@'sutla Kara Barrow, Secretary DEPARTMENT OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved, Confirmation Summary Confirmation Number: Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractor Summary 0-237-493-408 19-Oct-2021 11:45:34 AM TERRA GENERAL CONTRACTORS LLC 16-1699314 IC134A Contractor Affidavit 2069434368 6994952 CITY OF NEW HOPE 172007 02-Jan-2018 11-Jul-2019 4301 XYLON AVE N NEW HOPE MN 55428 $15,180,664.00 Name ID Affidavit Number ADVANCE TERRAZZO & TILE CO INC 9022318 673898496 G EM I N 126 INC 1211673 17948672 CENTENNIAL FLOORING INC 8280826 1001185280 CENTRUY FENCE COMPANY 8678834 1235673088 COLORFUL CONCEPTS PAINTING & CUSTOM 8186493 899407872 MILLER LANCE P 1327292 1498406912 FARIBO PLUMBING & HEATING INC 3125451 20766720 KELLEHER CONSTRUCTION CORP 4797884 2131173376 KIRK ACOUSTICS INC 1440613 848994304 KLEIN ELECTRIC INC 7473904 1561399296 MERIT DRYWALL INC 4116969 1783291904 NORTH TECH CONSTRUCTION INC 2181303 1341104128 AME CONSTRUCTION CORP 6808725 1955946496 KUNZ CONSTRUCTION INC 1153879 1494441984 MID AMERICAN BUS SYS EQUIPMENT INC 6921995 1358094336 ARV INC 3247070 898031616 MOLIN CONCRETE PRODUCTS COMPANY 8248951 526835712 NEW LOOK CONTRACTING INC 2321133 233807872 OMANN CONTRACTING COMPANIES INC 4319297 822845440 PRIME SOLUTIONS LLC 5183411 127737856 RIGHT WAY CAULKING INC 5462661 1428332544 S & D TILE LLC 2864771 17539072 INDIGO SIGNWORKS INC 3324380 2059182080 SKOLD SPECIALTY CONTRACTING LLC 6146628 1687511040 STRONGHOLD INDUSTRIES INC. 6737650 235102208 SWEDEBRO INC 4830429 188342272 THYSSENKRUPP ELEVATOR CORPORATION 4508778 220372992 PATZOLDT CONCRETE & MASONRY LLC 3890893 1926733824 PREMIER EDGE WINDOW TREATMENT LLC 3657949 544759808 RYTEC CORP 1640372 927014912 SUMMIT FIRE PROTECTION CO 4083496 1471700992 VEIT & COMPANY INC 9003428 522510336 WL HALL CO 6882796 1025576960 REGUPOL ZZEBRA ATHLETICS LLC 5568078 838410240 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this 12agg for your records using the print or save functionality built into your browser. __.' M DEPARTMENT I OF REVENUE Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved Confirmation Summary Confirmation Number. Submitted Date and Time: Legal Name: Federal Employer ID: User Who Submitted: Type of Request Submitted: Affidavit Summary Affidavit Number: Minnesota ID: Project Owner: Project Number: Project Begin Date: Project End Date: Project Location: Project Amount: Subcontractors: 0-652-435-488 19-Jul-2019 11:50:14 AM ATLAS FOUNDATION CO LLC 20-1766679 atlas foundation Contractor Affidavit 442785792 7576910 CITY OF NEW HOPE 18-575 08-Mar-2019 08-Mar-2019 4401 XYLON AVE NORTH $14,500.00 No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you, Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999. (toll -free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser MIDEPARTMENT OF REVENUE Contractor Affidavit IC134 This Contractor Affidavit must be certified by the Minnesota Department of Revenue before the state of Minnesota or any of its subdi- visions can make final payment to contractors. For more detailed information, see the instructions on the back of this form. Please type or print clearly. This information will be used for returning the completed form. Company P y name 1 Daytime phone Minnesota tax ID number Facility Enhancement Inc. {3zo) 286-2110 1929570 Address Total contract amount Month/year work began PO Box 604 .5 805,140.00 08/2018 City State ZIP code i Amount.01 dtue ivluathNear work ended Dassel ` ` _ _ ^ MN_ ` 55325 ^ �) $ 37,929.50 07/2019 Project number Project location 18-575 4401 X_ylon Ave N New Hope, MN 55428 Project owner Address City State City of New Hope 4401 Xylon Ave N New Hope MN Did you have employees work on this project? k] Yes ❑ No. If no, who did the work? Check the box that describes your involvement in the project and fill in all information requested. DSole contractor XSubcontractor Name of contractor who hired you Terra General Contractors, LLC ZIP code 55428 Address 21025. Commerce Boulevard, Suite 1000 Rogers, MN 55374 ❑ Prime contractor —If you subcontracted out any work on this project, all of your subcontractors must submit their own Contractor Affidavits and have them certified by the Department of Revenue before you can submit your Contractor Affidavit. For each subcontractor you had, fill in the information below and attach a copy of each subcontractor's certified Contractor Affidavit. If you need more space, attach a separate sheet. Business name Address Owner/Officer I declare that all information I have filled in on this form is true and complete to the best of my knowledge and belief. I outhorize the Department of Revenue to disclose pertinent information reloting to this project, including sending copies of this form, to the prime contractor if I om o subcorntactor, and to any subcontractors if I am a prime contractor, and to the contracting agency. f title Date President 9/6/19 Mailgt Minnesota Revenue, Mail Station 6610, St. Paul, MN 55146-6610 Phone:651-282-9999 or1-800-657-3594 Certificate of Compliance Based on records of the Minnesota Department of Revenue, I certify that the contractor who has signed this Contractor Affidavit has fulfilled all the requirements of Minnesota Statutes 290,92 and 270C.66 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services with the state of Minnesota and/or its subdivisions. Department of Revenue approval Date llf»Id1111