Loading...
IP #809PROJECT N0.809 —11 Storm Water -Terra Linda Drive, Rosalyn Court, Medicine Lake Road Item 8.1 11/13/06 Motion to accept the updated 62nd Avenue and Virginia Avenue; and the Terra Linda Drive, Rosalyn Court, and Medicine Lake Road storm water improvement reports. (improvement projects 808 and 809) Item 8.5 1/14/08 Motion authorizing the preparation of a feasibility report for construction of storm water infrastructure improvements for Terra Linda Drive and Rosalyn Court (improvement project no. 809) Item 8.5 2/25/08 Presentation and acceptance of the feasibility report and authorizing the preparation of plans and specifications for the proposed construction of storm water infrastructure improvements for Terra Linda Drive and Rosalyn Court (improvement project 809) Res. 08-48 3/24/08 Resolution approving plans and specifications for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court and ordering advertisement for bids (improvement project no. 809) Res. 08-84 5/12/08 Resolution awarding the contract to Imperial Developers, Inc. for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court for $128,775.20 (improvement project No. 809) Res. 08-148 10/27/08 Resolution accepting easements for the storm water infrastructure improvements for Terra Linda Drive and Rosalyn Court (improvement project no. 809) Res. 10-69 5/10/10 Resolution accepting the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court and approving the final payment request to Imperial Developers Inc. (improvement project no. 809) COUNCIL Originating Department Public Works By: Guy Johnson 2 Approved for Agenda November 13, 2006 Agenda Section ment & I Item No. Motion to accept the updated 62nd Avenue and Virginia Avenue; and the Terra Linda Drive, Rosalyn Court, and Medicine Lake Road storm water improvement reports. (improvement projects 808 and 809) Requested Action Staff is requesting that the Council receive a presentation by the city engineer on information contained in the two updated storm water improvement reports that reference the local storm water issues in the 62nd Avenue and Virginia Avenue area; and the Terra Linda Drive, Rosalyn Court, and Medicine Lake Road area of the city. Staff would then recommend that the Council pass a motion to accept the updated reports. Staff is also requesting some direction with regards to a ��telirte u the Counl—ll would like to proceed with some or all of the improvement options in the reports. Background The city experienced two major rain events this spring, May 8 and June 16. Both events were similar in the quantity of rain, with about four inches falling in the northern portion of the city and about three and one -half inches in the southern portion of the city. The two events did differ in the length of time of each event. On the evening of May 8, the rain event lasted from about 8:00 p.m. to around 10:00 p.m. According to police officers, the roads in the area of Medicine Lake Road and Winnetka were closed for approximately one -half to one hour. The June 16 rain event started around 5:30 p.m. and, according to police officers, the storm subsided at approximately 11:00 p.m. Both rain events affected many of the same locations, but to different degrees of severity. Although there were a number of street intersections temporarily closed because of flooding with the June 16 rain event, there were no reports of structure damage due to flooded streets. Motion by �L& Lam' Second by im I: \RFA \PUBWORKS \2006 \808 & 809 Storm Water Improvement Report Acceptance.doc Request for Action November 13, 2006 Page 2 At the direction of the Council, staff reviewed the feasibility of constructing a retaining wall to protect the residents downstream from Dorothy Mary Park from storm water runoff during large rain events. Staff also reviewed additional options for the Terra Linda Drive area, such as possible storm water storage upstream from the Terra Linda Drive area, and possibly raising the elevation of four homes along Terra Linda Drive. The updated report for the 62nd Avenue and Virginia Avenue area includes improvements, a proposed retaining wall design, and estimated cost for a storm water system that would provide an emergency overflow from Dorothy Mary Park to 62nd Avenue. The updated report for the Terra Linda Drive, Rosalyn Court, and Medicine Lake Road area of the city includes improvements that would improve the storm water issues in that area along with the improvements' cost estimates. Funding The storm water fund is used for contractual storm water infrastructure improvements. The storm water funds are also used for the city's annual storm water operating budget for general maintenance; the city's street sweeping program; the backyard drainage program every other year; debt retirement; contractual cleaning of ponds; and the storm water Capital Improvement Program (CIP). Attachment Copies of the reports are attached. I: \RFA \PUBWORKS \2006 \808 & 809 Storm Water Improvement Report Acceptance.doc Lin Terra D r i ve, R os al yn 1 M edi c i ne 1 1 1 1 1 / i r 1 • 1 ju • 0 6666 Revision Date - November 2006 r • �. / November 8, 2006 City of New Hope 4401 Xylon Avenue N New Hope, MN 55428 Re: Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvement Project City Project No. XXX BRA File No. 34Gen Dear Mayor and Council: Attached is a revised version of the July 2006 report providing recommendations for proposed local flood improvement projects located in the vicinity of Terra Linda Drive, Rosalyn Court, and Medicine Lake Road. The proposed local flooding improvement options are presented and discussed within this report, along with a detailed cost estimate of each option. This report includes information on additional improvement options, as requested by the Council. We will be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss the report. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Bradley P. Schleeter Vincent T. Vander Top Enclosures I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Vincent T. Vander Top Date: November 8 2006 Registration No. 25770 . i i' i • Table of Contents .................................................... ............................... 1 1. Introduction ....................................................... ............................... 2 II. History .............................................................. ............................... 2 III. Existing Conditions Modeling ............................ ..............................3 IV. May 8 th Analysis ................................................ ..............................4 V. Terra Linda Drive Large Storm Flood Improvement Options .......... 5 VI. Terra Linda Drive Small Storm Improvement Options .................... 8 VII. Medicine Lake Road Improvement Options ....... .............................10 VIII. Recommendations ............................................. .............................12 List of Tables Table 1 — Comparison of Options 1A, 1 B, and 2 ..... ..............................7 Table 2 — Comparison of Options 3 and 4 ............... ..............................9 Table 3 — Comparison of Options 5 and 6 ................ .............................11 List of Appendices Appendix A — Preliminary Cost Estimate Appendix B — Drainage Area Map (Map 1) Appendix C — Improvement Options Figure (Figure 1) Appendix D — Raising Terra Linda Drive Homes Memo Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 1 I. Introduction A significant rainfall event occurred on May 8 2006, dropping roughly 3%2- inches of rainfall over the period of a few hours. This intense rain event caused significant local flooding between Terra Linda Drive and Medicine Lake Road (see Map 1 in Appendix B for location). This flooding inundated 4 homes north of Terra Linda Drive, destroyed the northwest parking lot of the Rosalyn Court condos, and caused the City to close roads, including Medicine Lake Road (County Road 70), for a period of time. At the direction of the City of New Hope, a stormwater modeling analysis of the May 8 rainfall event has been completed. This analysis included a hydrologic and hydraulic model of the tributary area (both direct tributary and overland tributary) to low points on Terra Linda Drive and Medicine Lake Road. Map 1 in Appendix B identifies the direct and overland tributary areas to Terra Linda Drive. This report will summarize the analysis of the existing system and offer improvement options to reduce the high water levels at these low points. A discussion of the improvement options will include the following: • The relative benefit of each option in reducing high water levels • The estimated cost of each option • Recommendations for further evaluating and prioritizing the improvement options I� Based on City records, local flooding at the low point along Terra Linda Drive has occurred during intense rainfall events in the past. It appears that not all impacts from past events have been reported by residents. Upon analysis of the existing area surrounding the Terra Linda Drive low point, the direct tributary drainage area (connected via storm sewer) is approximately 41 acres, primarily including the single family residential neighborhood to the east. In addition to the 41 acre direct tributary area to the east, an additional 128 acres of catch basin bypass (where the local catch basin capacity is exceeded) flow from the west is routed to the Terra Linda Drive low point during large storm events (see Map 1 in Appendix B). This large additional drainage area is a major contributing factor to the flooding that occurs at the Terra Linda Drive low point. Eventually all of the storm water runoff from this area of New Hope flows to the large pond complex along Rhode Island Avenue in Golden Valley. Based on a phone conversation with the Golden Valley City Engineer, the large ponding complex has flooded adjacent residents in the Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project past. The extent and location of this flooding is unknown at this time. Further discussions with the City of Golden Valley to determine the extent of past flooding is underway. 111. Existing Conditions Modeling The existing conditions model analysis for the Terra Linda Drive and Medicine Lake Road area includes a number of street low points /ponding areas and an extensive storm sewer collection system. Due to the complexity of the drainage system tributary to these areas, the modeling analysis was completed in XP -SWMM, a hydrologic and hydraulic modeling program capable of modeling complex pipe systems and overland overflow connections. In addition to modeling enclosed low areas with storm sewer outlets (stormwater detention points), the model has the capability to analyze drainage areas upstream of the Terra Linda Drive low point contributing only catch basin bypass flow (see Map 1 in Appendix B). The model estimates the amount of flow from the drainage area that can enter the storm sewer collection system, limited by either pipe capacity or catch basin inlet capacity, and bypasses the remainder of flow to the Terra Linda Drive low point. As indicated above, the catch basin bypass flow from the west directs a substantial peak rate of flow to the low point at Terra Linda Drive. It is critical that when modeling large storm events, the impact of catch basin bypass flow is quantified. In the case of the Terra Linda Drive, this additional bypass flow contributes significantly to increasing the High Water Level (HWL) elevations at this low point. An existing 24 -inch storm sewer pipe at a relatively flat grade is the only piped conveyance between Terra Linda Drive and Medicine Lake Road. This existing storm sewer pipe has a level of service (the largest storm event a storm sewer pipe can convey without any surcharge) of a 1.6 -inch rainfall event. With the significant volume of runoff draining to the Terra Linda Drive low point during large storm events, it is clear that the capacity of this existing pipe is only a small fraction of the total conveyance capacity from this low point, with the primary means of conveyance provided by the emergency overflow (EOF) to the south. Generally, overflow from the Terra Linda Drive low point during large rain events proceeds south through the parking lot of the adjacent office building, via an EOF elevation of 903.9 or higher. Overflows then proceed between the two existing Rosalyn Court condo garage buildings, across the northwest parking lot of the condos, and south on Rosalyn Court to the low point at Medicine Lake Road. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 3 From the Medicine Lake Road low point, a 60 -inch equivalent arch pipe runs south along Rhode Island Avenue and discharges into the northern portion of the large Golden Valley ponding complex. A significant number of catch basin inlets are provided to at the Medicine Lake Road low point, such that pipe capacity will limit the conveyance capacity of this pipe. Overland flows from the Medicine Lake Road Low point proceed south into Golden Valley through the existing VFW parking lot and Rhode Island Avenue at an EOF elevation of 903.6 or higher to a low point on Rhode Island Avenue. From the Rhode Island Avenue low point, flows overtop the curb to the south at an elevation of 903.8 into the adjacent existing ponding complex in Golden Valley. IV. May 8 th Analysis In the southern portion of New Hope, the Star and Tribune reported that approximately 3.6- inches of rainfall fell in a short amount of time during the May 8 event. The extent of the flooding that occurred at the Terra Linda Drive low point during this event was clearly identified by the debris line left behind after the flood waters receded. Based on a recent survey taken in this area, the elevation of the debris line (and subsequently the peak HWL elevation) was 907.0. Based on the surveyed HWL elevation, the modeled storm event rainfall intensity was adjusted such that a 3.6 -inch rainfall event would generate a HWL at the Terra Linda Drive low point of roughly 907.0. Upon completion of the calibration exercise, the rainfall intensity of the May 8th event appears to be comparable to that of a 6 -inch, 24 -hour event (roughly 8 in /hr). Analysis of the modeled watershed during a large storm event, like the event that occurred on May 8 and site observations identify a number of critical drainage issues related to the existing stormwater conveyance system within the tributary areas to the Terra Linda Drive and Medicine Lake Road low areas. These critical issues are as follows: • The lowest home opening on Terra Linda Drive that flooded during the May 8 event is the garage opening at 7820 Terra Linda Drive at an elevation of 905.6. The Terra Linda Drive low point has a catch basin bypass tributary area of over 4 times the size of the direct tributary area to this low point (see Map 1 in Appendix B). During large storm events, this additional contributing area has a significant impact on increasing HWLs at this location. • The existing emergency overflow (EOF) for the Terra Linda Drive low point does not have the capacity to convey the peak flow rates routed to this low point during large Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 4 storm events without significant flooding occurring. The existing EOF for this low point also includes numerous flow obstructions, further reducing the conveyance capacity. • There is very little grade difference between the low areas at Terra.Linda Drive and Medicine Lake Road. The existing EOF elevations for these low points are roughly 903.9 and 903.8, respectively. This minimal grade difference between the two low points requires a significant amount of head at the Terra Linda Drive low point to push the peak flows downstream through the existing EOF. • The elevation of the existing storm sewer along Rhode Island Avenue limits the elevation to which the EOF can be lowered for the Medicine Lake Road low point. • The impact of increasing the discharge rate to the large pond complex in Golden Valley is unknown at this time. An analysis of the impact on this ponding system is critical in determining the feasibility of improvements to lower the HWL at Medicine Lake Road. V. Terra Linda Drive Large Storm Flood Improvement Options The following improvement options seek to address the critical drainage issues associated with the Terra Linda Drive flooding listed in Section IV. The primary goal of the improvement options presented in this section is to reduce the flooding frequency and duration at Terra Linda Drive during large storm events. As discussed earlier in this report, the large tributary area directed to the Terra Linda low point during large rainfall events routes huge peak flow rates to this low point. Storm sewer improvement options at Terra Linda cannot provide sufficient capacity to reduce the frequency and duration of flooding at Terra Linda Drive during large storm events. Either providing additional overland flow capacity to reduce HWLs during large storm events or raising the affected homes above the 100 -year flood elevation appear to be the only options for improving the flooding condition at Terra Linda Drive. The improvement options are as follows: Option 1A — This option lowers the existing overland emergency overflow (EOF) from the Terra Linda Drive low point to an elevation no higher than 903.0. The EOF is currently 903.9 or higher. This option is broken into two parts. Part 1 of Option 1A includes the reconstruction of the parking lot immediately south of Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 5 the Terra Linda low point to lower the EOF through the parking lot to 903.0. Part 2 extends a well defined overflow channel through the Rosalyn Court condos northwest parking lot, south on Rosalyn Court to the Medicine Lake Road low point (see Figure 1). The intent of this option is to lower large storm HWLs at the Terra Linda Drive low point. Option 1 B — This option lowers the existing overland emergency overflow (EOF) from the Terra Linda Drive low point to an elevation no higher than 903.0. The EOF is currently 903.9 or higher. Similar to Option 1A, Option 1 B is broken into two parts. Part 1 includes the reconstruction of the parking lot immediately south of the Terra Linda low point to lower the EOF through the parking lot to 903.0. Part 2 extends a grassed swale directly south along the western property line of the Rosalyn Court condos to the Medicine Lake Road low point (see Figure 1). The intent of this option is to lower large storm HWLs at the Terra Linda Drive low point. Option 1 B requires that the garage along the west property line of the Rosalyn Court condos northwest parking lot be demolished and rebuilt at another location. Option 2 — Option 2 reduces the frequency of flooding the 4 homes north of the Terra Linda Drive low point that flooded during the May 8" event (see Figure 1 for the locations of these properties) by raising the low openings and garages of these 4 homes. This option would not lower the existing HWL elevation at the Terra Linda Drive low point, but rather raise the 4 lowest homes that flooded May 8' 3 -4 feet to reduce the frequency of flooding these properties. City staff has reviewed this option (see Appendix D for report) and due to the total cost of raising these homes has determined that this option is not feasible. Table 1 below compares the 2 -year (small storm) and 100 -year (large storm) design storm HWL elevation at the Terra Linda Drive and Medicine Lake Road low points for the existing condition and each improvement option. This table also includes the estimated cost for each improvement. As shown in Table 1, the options presented in this section do not completely eliminate the flooding at Terra Linda Drive, but rather reduce the frequency and duration of flooding at this location. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 6 Table 1 - Terra Linda Large Storm (100 -year) Improvement Options '2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. ° This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. 5 Part 1 of Option 1A (improvements in the office complex parking lot area) = $87,000; Part 2 of Option 1A (improvements in the Rosalyn Court condo parking lot) = $128,000. This cost does not include the cost of relocating the existing Rosalyn Court garages. 6 Part 1 of Option 1 B (improvements in the office complex parking lot area) = $87,000; Part 2 of Option 1 B (constructing grassed Swale and reconstructing existing Rosalyn Court garage) = $358,000. 7 Athhough this option does not route flows through the Rosalyn Court condo parking lot, reconstruction of this parking lot is necessary and this cost reflects the reconstruction costs Discussion As the HWL elevations in Table 1 indicate, the improvement options presented in the analysis do not assure that the homes north of Terra Linda Drive will not flood during all future intense rainfall events, but only that the probability of flooding will be less. Options 1A and 1 B reduce the HWL at the Terra Linda Drive low point by providing additional overland flow capacity. The HWL reduction achieved by these improvement options still does not eliminate the risk of flooding adjacent homes, but rather reduces the risk. If the council determines that these options are too expensive, Option 2 can be reviewed in greater detail. Option 2 would not reduce the HWLs at Terra Linda Drive, but rather raises the low openings and garages of the 4 properties north of Terra Linda Drive to an acceptable elevation that provides additional flood protection. Although Option 1B does not route overflows through the Rosalyn Court condos northwest parking lot, the condition of the parking lot requires that it be reconstructed regardless of the improvement option selected. The cost of this reconstruction is included in cost estimates for both Options 1A and 1 B and would need to be added to the cost estimate for Option 2. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road - Local Flood Improvements Project 7 2-year Design Storm HWL 100 - ear Design Storm HWL Terra Linda Medicine Terra Linda Medicine Dr Lake Rd Dr Lake Rd Estimated Cost Low Point Low Point Low Point Low Point4 of Improvement (feet) (feet) (feet) (feet) Existing Condition 905.4 902.4 907.4 904.6 - -- Option 1A —Parking 904.4 902.6 905.9 904.7 $215,000 lot Option 1 B —Grass 904.3 902.6 905.8 904.6 $445,000 Swale Option 2 — Raise 4 905.4 902.4 907.4 904.6 Not Estimated homes '2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. ° This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. 5 Part 1 of Option 1A (improvements in the office complex parking lot area) = $87,000; Part 2 of Option 1A (improvements in the Rosalyn Court condo parking lot) = $128,000. This cost does not include the cost of relocating the existing Rosalyn Court garages. 6 Part 1 of Option 1 B (improvements in the office complex parking lot area) = $87,000; Part 2 of Option 1 B (constructing grassed Swale and reconstructing existing Rosalyn Court garage) = $358,000. 7 Athhough this option does not route flows through the Rosalyn Court condo parking lot, reconstruction of this parking lot is necessary and this cost reflects the reconstruction costs Discussion As the HWL elevations in Table 1 indicate, the improvement options presented in the analysis do not assure that the homes north of Terra Linda Drive will not flood during all future intense rainfall events, but only that the probability of flooding will be less. Options 1A and 1 B reduce the HWL at the Terra Linda Drive low point by providing additional overland flow capacity. The HWL reduction achieved by these improvement options still does not eliminate the risk of flooding adjacent homes, but rather reduces the risk. If the council determines that these options are too expensive, Option 2 can be reviewed in greater detail. Option 2 would not reduce the HWLs at Terra Linda Drive, but rather raises the low openings and garages of the 4 properties north of Terra Linda Drive to an acceptable elevation that provides additional flood protection. Although Option 1B does not route overflows through the Rosalyn Court condos northwest parking lot, the condition of the parking lot requires that it be reconstructed regardless of the improvement option selected. The cost of this reconstruction is included in cost estimates for both Options 1A and 1 B and would need to be added to the cost estimate for Option 2. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road - Local Flood Improvements Project 7 VI. Terra Linda Drive Small Storm Improvement Options Two additional improvement options are identified to reduce the flood elevation and duration during smaller rainstorm events at the Terra Linda Drive low point. The intent of these options is to lessen the frequency and duration of the smaller storm event "nuisance" flooding that occurs at the Terra Linda Low point, not to necessarily reduce HWLs during large rainfall events. The improvement options are as follows: Option 3 — This option creates minor street ponding areas (1 -2 feet deep) at three intersections along 28 Avenue at Boone, Zealand, and Xylon Avenues. The creation of minor street ponding areas would be done in conjunction with a reconstruction of 28 Avenue. The minor street ponding areas would be allowed to flood to a depth of 1 -2 feet during rainfall events that exceed the available catch basin capacity at the particular intersection. The intent of this option is to decrease the frequency of flow bypass on 28 Avenue to reduce the frequency and duration of flooding at the Terra Linda Drive low point. Option 4 — Option 4 provides additional pipe capacity by means of a 48 -inch storm sewer pipe between the Terra Linda low point and Medicine Lake Road, by way of Lamphere Drive. As mentioned above, high peak rates from upstream catch basin bypass contribute significantly to the large storm HWLs at the Terra Linda low point. Providing sufficient pipe capacity at the low point to reduce large storm HWLs would require a very large pipe, which does not appear feasible at this time. However, the intent of this option is to lower small storm HWLs and flood frequencies at the Terra Linda low point by providing some additional pipe capacity. Table 2 below compares the 2 -year (small storm) and 100 -year (large storm) design storm HWL elevation at the Terra Linda Drive and Medicine Lake Road low points for the existing condition and each improvement option. This table also includes the estimated cost for each improvement. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 8 Table 2 - Terra Linda Drive Small Storm (2.8 inches) Improvement Options '2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. "This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. Discussion Option 3 explores the possibility of providing shallow street ponding areas along 28 Avenue in an attempt to reduce the amount of catch basin bypass flow being routed to the Terra Linda Drive low point. As the results in Table 2 indicate, only a minor impact on lowering the HWLs at Terra Linda Drive is realized as a result of the limited amount of flood storage available in 28 Avenue. Although this option alone does not significantly reduce the flooding at Terra Linda Drive, adding shallow street ponding areas upstream of Terra Linda Drive should still be considered due to some flood reduction benefit being provided at a relatively low cost. Option 4 analyzed the possibility of providing additional pipe capacity from the Terra Linda Drive low point (see Figure 1), via a 48 -inch pipe. The existing 24 -inch storm sewer section from the Terra Linda Drive low point provides only a small fraction of the total conveyance capacity from this low point (approximately 10 cubic feet per second (cfs) of the total 340 cfs), with the majority of the conveyance provided by the EOF to the south. A substantial increase in pipe capacity (likely involving a large box culvert) from this low point would be necessary to have any significant impact on reducing HWLs during large rainfall events and due to the cost of this pipe is not considered feasible at this time. The benefit provided by the 48 -inch pipe analyzed in this option is reflected in a reduction in the HWL and frequency of flooding for the small storm events. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 2-year Design Storm HWL 100- ear Design Stonm HWL Terra Linda Medicine Terra Linda Medicine Dr Lake Rd Dr Lake Rd Estimated Cost Low Point' Low Point Low Point Low Point" of Improvement (feet) (feet) (feet) (feet) Existing Condition 905.4 902.4 907.4 904.6 - -- Option 3 — Minor 905.3 902.3 907.2 904.5 Not estimated street ponding Option 4 - Additional 904.9 902.5 907.2 904.5 $418,000 conveyance '2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. "This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. Discussion Option 3 explores the possibility of providing shallow street ponding areas along 28 Avenue in an attempt to reduce the amount of catch basin bypass flow being routed to the Terra Linda Drive low point. As the results in Table 2 indicate, only a minor impact on lowering the HWLs at Terra Linda Drive is realized as a result of the limited amount of flood storage available in 28 Avenue. Although this option alone does not significantly reduce the flooding at Terra Linda Drive, adding shallow street ponding areas upstream of Terra Linda Drive should still be considered due to some flood reduction benefit being provided at a relatively low cost. Option 4 analyzed the possibility of providing additional pipe capacity from the Terra Linda Drive low point (see Figure 1), via a 48 -inch pipe. The existing 24 -inch storm sewer section from the Terra Linda Drive low point provides only a small fraction of the total conveyance capacity from this low point (approximately 10 cubic feet per second (cfs) of the total 340 cfs), with the majority of the conveyance provided by the EOF to the south. A substantial increase in pipe capacity (likely involving a large box culvert) from this low point would be necessary to have any significant impact on reducing HWLs during large rainfall events and due to the cost of this pipe is not considered feasible at this time. The benefit provided by the 48 -inch pipe analyzed in this option is reflected in a reduction in the HWL and frequency of flooding for the small storm events. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project VII. Medicine Lake Road Improvement Options The following improvement options seek to address the critical drainage issues associated with the Medicine Lake Road flooding issues listed in Section IV. The primary goal of the improvement options presented in this section is to reduce the frequency and duration of flooding at Medicine Lake Road during large storm events. Unlike the Terra Linda Drive improvement options, the improvement options at Medicine Lake Road are not seeking to reduce flood HWLs to any specific elevation (e.g. low home opening). Rather, the HWL reduction benefit is based on lowering the EOF elevation along Rhode Island Avenue to an elevation that provides the minimal amount of cover (2 feet) over the existing storm sewer. The improvement options are as follows: Option 5 — This option lowers the EOF at the Medicine Lake Road low point from 903.6 to 902.0, by removing the existing median /boulevard between the VFW parking lot and Rhode Island Avenue and instead creating a ditch with a 40- foot conveyance width (see Figure 1). This option also includes lowering the EOF from the low point on Rhode Island Avenue to 902.0. This improvement option assumes that the primary goal of reducing flooding at the Terra Linda Drive low point has been achieved. Option 6 — This option adds to the improvements in Option 5 by also lowering Rhode Island Avenue to an elevation of 902.0 from Medicine Lake Road to the Rhode Island Avenue low point, providing a conveyance width of roughly 70 feet wide (see Figure 1). As with Option 5, this improvement option assumes that the primary goal of reducing flooding at the Terra Linda Drive low point has been achieved. Table 3 below compares the 2 -year (small storm) and 100 -year (large storm) design storm HWL elevation at the Terra Linda Drive and Medicine Lake Road low points for the existing condition and each improvement option. This table also includes the estimated cost for each improvement. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 10 Table 3 - Medicine Lake Road Improvement Options 2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. ° This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. 5 The HW Ls identified for this improvement assume that Option 1A improvements have been constructed. 6 This estimated cost is in addition to the cost of improvements to reduce flooding at the Terra Linda low point. Discussion City staff is in the process of reviewing how providing a lower EOF for the Medicine Lake Road low point (i.e. increasing the peak discharge rate from this low point) will impact the downstream ponding system in Golden Valley. The results of this review may affect the feasibility of implementing Options 5 or 6. Option 5 includes lowering the EOFs between Medicine Lake Road and the large pond complex in Golden Valley. This option assumes that the improvement options to reduce flooding at the Terra Linda Drive low point are also provided. As seen in Table 1, the 100 -year HWL reduction at Medicine Lake Road is approximately 0.3 feet. Option 6 expands the Option 5 overflow conveyance width from 40 feet to 70 feet. This additional overflow width results in a 100 -year HWL reduction of 1 foot below the existing condition HWL. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 11 2-year Design Storm HWL 100-year Design Storm HWL Terra Linda Medicine Terra Linda Medicine Dr Lake Rd Dr Lake Rd Estimated Cost Low Point Low Point Low Point Low Point4 of Improvement (feet) (feet) (feet) (feet) Existing Condition 905.4 902.4 907.4 904.6 - -- Option 5 — Lower median 904.4 902.5 905.8 904.3 $142,000 Option 6 — Lower median and Rhode 904.4 902.5 905.8 903.6 $310,000 Island Ave 2.8 inches in 24- hours. 2 6.0 inches in 24 -hours 3 The lowest opening (garage floor) of the 4 properties flooded on May 8th is 905.6. ° This HWL assumes a downstream tailwater elevation in the Golden Valley ponding system of 899.0. 5 The HW Ls identified for this improvement assume that Option 1A improvements have been constructed. 6 This estimated cost is in addition to the cost of improvements to reduce flooding at the Terra Linda low point. Discussion City staff is in the process of reviewing how providing a lower EOF for the Medicine Lake Road low point (i.e. increasing the peak discharge rate from this low point) will impact the downstream ponding system in Golden Valley. The results of this review may affect the feasibility of implementing Options 5 or 6. Option 5 includes lowering the EOFs between Medicine Lake Road and the large pond complex in Golden Valley. This option assumes that the improvement options to reduce flooding at the Terra Linda Drive low point are also provided. As seen in Table 1, the 100 -year HWL reduction at Medicine Lake Road is approximately 0.3 feet. Option 6 expands the Option 5 overflow conveyance width from 40 feet to 70 feet. This additional overflow width results in a 100 -year HWL reduction of 1 foot below the existing condition HWL. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 11 VIII. Recommendations Based on the analysis of the existing Terra Linda Drive /Rosalyn Court/Medicine Lake Road drainage system and the improvement options mentioned above, recommendations regarding the improvements to the system are as follows: 1. Council should review this information and the estimated potential costs. The potential costs will be significant. Prior to developing further detail and moving toward the implementation of any option, funding sources should be discussed. 2. Council should discuss how this report is reviewed and discussed with impacted property owners. Impacted properties include residences on the north and south sides of Terra Linda Drive, the office complex at the corner of Winnetka Avenue and Terra Linda Drive, the Rosalyn Court condo owners, and potentially Golden Valley properties. 3. The reconstruction of the office complex parking lot (Part 1 of Options 1 A and 1 B) should be discussed with the property owner. Additional easement would need to be obtained to construct improvements. 4. The reconstruction of the Rosalyn Court condo parking lot (Part 2 of Options 1A and 1B) should be discussed with the property owners. The reconstruction and relocation of the garages in that area should be discussed also. Some drainage and utility easement was recently granted with the recent replatting of this property; however, additional easement would be required if construction were pursued. The reconstruction of the garages is not included in the cost estimate. 5. Given the high cost of the options presented in this report, the City Council should discuss the merit of Option 2 or a modified version of Option 2 which improves the impacted residences on the north side of Terra Linda Drive. If this option is pursued, residents would need to be aware that HWLs would still be maintained in Terra Linda Drive. 6. The City should consider providing shallow street ponding areas at strategic locations within the Terra Linda Drive catch basin bypass contributing area as the streets within this area are reconstructed. These improvements will not solve the flooding issues at Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 12 the Terra Linda Drive low point, but will contribute to reducing the frequency and duration of flooding at Terra Linda Drive. 7. Staff will need to further explore impacts to the Golden Valley storm water system. Improving the EOF to the Golden Valley ponds and increasing the peak flow to the ponds could increase the HWLs of those ponds. Adequate investigation of this issue must be completed. 8. Upon recommendation of the Council, staff should share the findings of this report with Golden Valley staff and determine the future feasibility and possibility of improving /lowering Rhode Island Avenue and the VFW boulevard along Rhode Island Avenue. Terra Linda Drive, Rosalyn Court, and Medicine Lake Road — Local Flood Improvements Project 13 � ���' �i � � � • � � 000034- 06000 -0 COST ESTIMATE 1 Bonestroo COST ESTIMATE ® e TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Anderl ik & Associates FILE NO. 000034 - 06000 -0 Engineers & Architects NEW HOPE, MINNESOTA JULY 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION IA AND 1B (PART 1) - RECONSTRUCT 2738 TERRA LINDA DR PARKING LOT I MOBILIZATION LS 1 $2,500.00 $2,500.00 2 TRAFFIC CONTROL LS 1 $750.00 $750.00 3 EROSION CONTROL LS 1 $1,000.00 $1,000.00 4 CLEAR AND GRUB TREE 2 $600.00 $1,200.00 5 REMOVE CONCRETE CURB AND LF 200 $5.00 $1,000.00 GUTTER 6 REMOVE BITUMINOUS PAVEMENT SY 1600 $5.00 $8,000.00 7 COMMON EXCAVATION CY 600 $18.00 $10,800.00 8 SAWING BITUMINOUS PAVEMENT LF 250 $5.00 $1,250.00 9 AGGREGATE BASE, CLASS 5 TN 600 $20.00 $12,000.00 10 B618 CONCRETE CURB AND GUTTER LF 200 $15.00 $3,000.00 11 BITUMINOUS MIXTURE TN 320 $48.00 $15,360.00 12 BITUMINOUS MATERIAL FOR TACK GAL 100 $3.00 $300.00 COAT 13 SODDING, LAWN TYPE WITH 4" OF SY 200 $10.00 $2,000.00 TOPSOIL SUBTOTAL $59,160.00 15% CONTINGENCY $8,874.00 CONSTRUCTION TOTAL $69,000.00 25 INDIRECT COSTS $17,250.00 TOTAL COST $87,000.00 000034- 06000 -0 COST ESTIMATE 1 000034 - 06000 -0 1 COST ESTIMATE Bonestroo COST ESTIMATE ® Rosene TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Anderlik & Associates FILE NO. 000034 - 06000 -0 Engineers & Architects NEW HOPE, MINNESOTA JULY 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION 1A (PART 2) - RECONSTRUCT 2720130 ROSALYN CT PARKING LOT I MOBILIZATION LS 1 $3,000.00 $3,000.00 2 TRAFFIC CONTROL LS 1 $750.00 $750.00 3 EROSION CONTROL LS 1 $1,000.00 $1,000.00 4 REMOVE BITUMINOUS PAVEMENT SY 2100 $5.00 $10,500.00 5 COMMON EXCAVATION CY 700 $18.00 $12,600.00 6 SAWING BITUMINOUS PAVEMENT LF 100 $5.00 $500.00 7 CONSTRUCT CBMH OVER EXISTING EA 1 $3,500.00 $3,500.00 PIPE 8 27" DIAMETER CATCH BASIN EA 1 $2,000.00 $2,000.00 9 12" RCP STORM SEWER LF 100 $30.00 $3,000.00 10 AGGREGATE BASE, CLASS 5 TN 775 $20.00 $15,500.00 11 CONCRETE FLUME SF 3000 $5.00 $15,000.00 12 BITUMINOUS MIXTURE TN 375 $48.00 $18,000.00 13 BI'T'UMINOUS MATERIAL FOR TACK GAL 110 $3.00 $330.00 COAT 14 SODDING, LAWN TYPE WITH 4" OF SY 200 $10.00 $2,000.00 TOPSOIL 15 PAVEMENT MARKINGS LS 1 $1,000.00 $1,000.00 SUBTOTAL $88,680.00 15 0 14 CONTINGENCY $13,302.00 CONSTRUCTION TOTAL $102,000.00 25% INDIRECT COSTS $25,500.00 TOTAL COST $128,000.00 000034 - 06000 -0 1 COST ESTIMATE 000035- 06000 -0 1 COST ESTIMATE Bonestroo COST ESTIMATE 0 e Anderl ik & TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Associates FILE NO. 000034 - 06000 -0 Engineers &Architects NEW HOPE, MINNESOTA OCTOBER 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION 1 B (PART 2) - CONSTRUCT SWALE I MOBILIZATION LS 1 $4,500.00 $4,500.00 2 TRAFFIC CONTROL LS 1 $2,500.00 $2,500.00 3 REMOVE AND INSTALL NEW LF 345 $22.00 $7,590.00 CONCRETE CURB AND GUTTER 4 REMOVE AND INSTALL NEW SF 175 $10.00 $1,750.00 CONCRETE SIDEWALK 5 REMOVE BITUMINOUS PAVEMENT SY 1300 $5.00 $6,500.00 6 REMOVE BITUMINOUS DRIVEWAY SY 215 $5.00 $1,075.00 7 COMMON CHANNEL EXCAVATION CY 1540 $15.00 $23,100.00 8 AGGREGATE BASE, CLASS 5 (CV) CY 180 $25.00 $4,500.00 9 TYPE LV 3 WEARING COURSE TN 175 $64.00 $11,200.00 MIXTURE (B) 10 TYPE LV 3 NON WEARING COURSE TN 210 $56.00 $11,760.00 MIXTURE (B) I 1 SILT FENCE, REGULAR LF 840 $4.50 $3,780.00 12 DEMOLISH AND RECONSTRUCT NEW LS 1 $105,000.00 $105,000.00 5 STALL GARAGE 13 4` HIGH CHAIN LINK FENCE LF 670 $47.50 $31,825.00 14 15" RCP STORM SEWER LF 345 $38.00 $13,1 10.00 15 OUTLET CONTROL STRUCTURE EA 1 $5,000.00 $5,000.00 16 CONNECT TO EXISTING CATCH EA 1 $1,200.00 $1,200.00 BASIN OR MANHOLE 17 SAWING BITUMINOUS PAVEMENT LF 345 $3.50 $1,207.50 18 CLASS III RANDOM RIPRAP CY 20 $82.00 $1,640.00 19 SODDING, LAWN TYPE WITH 4" OF SY 820 $7.50 $6,150.00 TOPSOIL 20 EROSION CONTROL BLANKETS, SY 1420 $2.75 $3,905.00 CATEGORY 2 21 MNDOT SEED MIX 25B AC 0.25 $2,750.00 $687.50 SUBTOTAL $247,980.00 15% CONTINGENCY $37,197.00 CONSTRUCTION TOTAL $286,000.00 25% INDIRECT COSTS $71,500.00 TOTAL COST $358,000.00 000035- 06000 -0 1 COST ESTIMATE Bonestroo COST ESTIMATE 0 Rosene TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Anderlik & Associates FILE NO. 000034-06000-0 Engineers & Architects NEW HOPE, MINNESOTA OCTOBER 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION 4 - CONSTRUCT 48 11 STORM FROM TERRA LINDA DR TO MEDICINE LAKE RD 1 MOBILIZATION LS 1 $8,800.00 $8,800.00 2 TRAFFIC CONTROL LS 1 $1,500.00 $1,500.00 3 REMOVE STRUCTURE EA 2 $500.00 $1,000.00 4 REMOVE STORM PIPE LF 270 $10.00 $2,700.00 5 DRIVEWAY REPAIR EA 7 $2,500.00 $17,500.00 6 REMOVE AND INSTALL NEW SF 1500 $10.00 $15,000.00 CONCRETE SIDEWALK 7 REMOVE AND INSTALL NEW LF 1450 $20.00 $29,000.00 CONCRETE CURB AND GUTTER 8 REMOVE AND PATCH BITUMINOUS SY 1200 $35.00 $42,000.00 PAVEMENT AND BASE 9 6' DIAMETER STORM SEWER MH EA 2 $3,500.00 $7,000.00 10 T DIAMETER STORM SEWER MH EA 4 $5,000.00 $20,000.00 11 8' DIAMETER STORM SEWER MH EA 2 $6,000.00 $12,000.00 12 CONNECT EXISTING PIPE TO EA 4 $750.00 $3,000.00 STRUCTURE 13 48" RCP STORM SEWER LF 1450 $90.00 $130,500.00 SUBTOTAL $290,000.00 15% CONTINGENCY $43,500.00 CONSTRUCTION TOTAL $334,000.00 25% INDIRECT COSTS $83,500.00 TOTAL COST $418,000.00 000034 - 06000 -0 COST ESTIMATE 1 000034 - 06000 -0 COST ESTIMATE I Bonestroo COST ESTIMATE Rosene TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Anderlik & Associates FILE NO. 000034- 06000 -0 Engineers & Architects NEW HOPE, MINNESOTA JULY 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION 5 - IMPROVE RHODE ISLAND AVE EOF I MOBILIZATION LS 1 $3,500.00 $3,500.00 2 TRAFFIC CONTROL LS 1 $1,500.00 $1,500.00 3 EROSION CONTROL LS 1 $2,500.00 $2,500.00 4 CLEAR AND GRUB TREE 6 $600.00 $3,600.00 5 REMOVE CONCRETE CURB AND LF 350 $5.00 $1,750.00 GUTTER 6 REMOVE BITUMINOUS PAVEMENT SY 750 $5.00 $3,750.00 7 REMOVE CONCRETE SIDEWALK SF 750 $2.00 $1,500.00 8 SALVAGE AND REINSTALL SIGN EA 2 $250.00 $500.00 9 SALVAGE AND REINSTALL CY 75 $10.00 $750.00 AGGREGATE BASE 10 COMMON EXCAVATION CY 1500 $18.00 $27,000.00 11 SAWING BITUMINOUS PAVEMENT LF 200 $5.00 $1,000.00 12 ADJUST STRUCTURE, SPECIAL EA 4 $1,000.00 $4,000.00 13 ADJUST VALVE BOX EA 2 $300.00 $600.00 14 AGGREGATE BASE, CLASS 5 TN 300 $20.00 $6,000.00 15 B618 CONCRETE CURB AND GUTTER LF 350 $15.00 $5,250.00 16 BITUMINOUS MIXTURE TN 250 $48.00 $12,000.00 17 BITUMINOUS MATERIAL FOR TACK GAL 50 $3.00 $150.00 COAT 18 4" CONCRETE SIDEWALK SF 750 $5.00 $3,750.00 19 SODDING, LAWN TYPE WITH 4" OF SY 1800 $10.00 $18,000.00 TOPSOIL 20 PAVEMENT MARKINGS LS 1 $750.00 $750.00 SUBTOTAL $97,850.00 15% CONTINGENCY $14,677.50 CONSTRUCTION TOTAL $113,000.00 25% INDIRECT COSTS $28,250.00 TOTAL COST $142,000.00 000034 - 06000 -0 COST ESTIMATE I Bonestroo COST ESTIMATE ® e TERRA LINDA DR AND MEDICINE LAKE RD FLOOD IMPROVEMENTS Anderl ik & Associates FILE NO. 000034 - 06000 -0 Engineers 6 Architects NEW HOPE, MINNESOTA JULY 2006 No. Item Units Qty EE Unit Price EE Total Price OPTION 6 - RECONSTRUCT ADD'L 350' OF RHODE ISLAND AVE 1 MOBILIZATION LS 1 $4,000.00 $4,000.00 2 TRAFFIC CONTROL LS 1 $2,500.00 $2,500.00 3 EROSION CONTROL LS 1 $3,000.00 $3,000.00 4 REMOVE CONCRETE CURB AND LF 700 $5.00 $3,500.00 GUTTER 5 REMOVE BITUMINOUS PAVEMENT SY 1750 $5.00 $8,750.00 6 REMOVE CONCRETE SIDEWALK SF 1750 $2.00 $3,500.00 7 SALVAGE AND REINSTALL SIGN EA 1 $250.00 $250.00 8 SALVAGE AND REINSTALL CY 200 $10.00 $2,000.00 AGGREGATE BASE 9 COMMON EXCAVATION CY 700 $18.00 $12,600.00 10 SAWING BITUMINOUS PAVEMENT LF 100 $5.00 $500.00 11 ADJUST STRUCTURE, SPECIAL EA 6 $1,000.00 $6,000.00 12 AGGREGATE BASE, CLASS 5 TN 700 $20.00 $14,000.00 13 13618 CONCRETE CURB AND GUTTER LF 700 $15.00 $10,500.00 14 BITUMINOUS MIXTURE TN 575 $48.00 $27,600.00 15 BITUMINOUS MATERIAL FOR TACK GAL 110 $3.00 $330.00 COAT 16 4" CONCRETE SIDEWALK SF 1750 $5.00 $8,750.00 17 SODDING, LAWN TYPE WITH 4" OF SY 700 $10.00 $7,000.00 TOPSOIL 18 PAVEMENT MARKINGS LS 1 $1,500.00 $1,500.00 SUBTOTAL $116,280.00 15 0 /o CONTINGENCY $17,442.00 CONSTRUCTION TOTAL $134,000.00 25% INDIRECT COSTS $33,500.00 TOTAL COST' $168,000.00 I Total cost for Option 6 is the sum of the Option 5 total cost and this value 000034 - 06000 -0 COST ESTIMATE 1 C13 C, 0 (.) ¢ m 0 - Q) a) 0 7.0 f0 TJ Q TY LL CU N m cu J to E (D " ` WO C) CD tun) CL Nt N t 0) m ­ — - fYi - 0 ::` I a) 0 0 z g IM m t " a = - t (D N 4- Z> _j 0 m co .�= 0 0 _j 0 F– _j 0 t�rq 14 TT A., 7 u r , Ar 0 "U 77, Ol­ q: 1­j A 1 _v 7 qZ1 `F77 "ik i, L2 kso V I �s I Pp, Improvement Options Figure 2840 a m 'Imb, 2833 LOWER EOF OPTION IA and 1B (Port 1) OPTION 1A (Part 2) OPTION 18 (Part 2) ii ti OPTION 2 LJ OPTION 3 (NOT SHOWN) 0 75 150 OPTION 4 OPTION 5 Scale In fee RECONSTRUCT STREET LOWER EOF OPTION 6 TERRA LINDA AREA 0 RECONSTRUCT STREET LOWER EOF INCREASE DRAINAGE CAPACITY NEW HOPE, MINNESOTA FIGURE 1 FLOODING EVALUATION 34TERRALINDAFOl.dwg DATE: OCTOBER 2006 COMM:34-06-000 Bonestroo Rosene Anderlik & Associates Engineers & Architects GRADE DRAINAGE DITCH- TERRA LINDA AREA 0 RECONSTRUCT STREET LOWER EOF INCREASE DRAINAGE CAPACITY NEW HOPE, MINNESOTA FIGURE 1 FLOODING EVALUATION 34TERRALINDAFOl.dwg DATE: OCTOBER 2006 COMM:34-06-000 Bonestroo Rosene Anderlik & Associates Engineers & Architects • ••- • Memorandum To: Vince Vander Top, City Engineer From: Carlos Espinosa, CD Intern Date: October 2, 2005 Subject: Raising of Four Homes on Terra Linda Drive milli In response to the rain events of May 8, 2006, the City Engineer prepared a report detailing flood mitigation options for Terra Linda Drive. The report included an option of raising the driveway openings of four homes to help prevent further flooding. The report also detailed other measures to help mitigate flooding, but suggested the raising of driveway openings only if the other options are not financially viable. Upon review by the building official, it was determined that raising is not feasible because it would cost almost as much as purchasing the homes outright. To purchase the homes it would cost approximately $803,000. This price is prohibitively high in comparison to the other options for flood mitigation which were estimated at $215,000,142,000, and $168,000 respectively. The raising option is prohibitively high because only raising the low level of the driveway openings would not mitigate flooding in the lower level of the homes. This is because the waterproofing work at construction likely was not sufficient to prevent lower level seepage. As a result, both the garage and the lower level of each house would have to be raised. Raising the entirety of each home requires house movers to elevate the entire building and place it in a crib while a new foundation is poured. The foundations would cost approximately $25,000 to $30,000 each, and the cost of hiring house movers would be additional. Along with raising each home, the electrical, mechanical, and plumbing systems would have to be modified to accommodate the change in each home's elevation. Modifying the systems entails disconnection of the lines, mending or extending the lines, and finally re- connecting the lines. Overall, the cost of this process in addition to elevating the homes makes the raising option for Terra Linda Drive infeasible. Attachments: -Terra Linda report by City Engineer - Photos of Terra Linda Drive in a dry state and in a flood state - Market value information for the 4 homes on Terra Linda to be raised - Topographic map of the impacted area a: r tt yy7 �tl� r ?K tt S ,� ,q aQ,a ..� I I t �`. K,v otter ' s F X11 i aJ t t � t i Vfl 2 ti7 & t e 21 51 i Y i w.y li I R qA t 311 ` gi . w 4£r 5r b ,� vt 4 1 " k r �,. A a f P Y T a M �' yz §. s ►. y . t e x s t R4 " . i j A �j �' �. _ fry '"'^ Wig, YW+ •� ` ei ft.n tnd" a C $ t , actx ce xx • ' t ? n � "i & r Hl , '+"�,3` �4 �r "�� i yY �•, �d¢Y,t 4 t a i \t 1 t i t IMI ,C x'A" R•' S ti' xw, r � a n • x P ty itiu�Mx" F 1 i t �j P ty t l,n \ «m» 2 ^`< � ' : d V \\ f p ti S A 4 , ti T lial W f IN x s � IM ' � k F 5r A 1 fs C <tl M f 1W t t n #a R •1 } �4 i y � t S Y �4q�y x X 4 w l ��" a T + tt�' I s �' $: ' iif 'w` MA ", I ? �u4#'9x x al 't, ""¢ .: e Yt , a��t'�., �` rR" i .. + a s•'� 'y w ` i r u ° 'Al a so # r r is 40 e r ay t t � n 4 i -6- i - + 'WW1 i `` Provided By: Hennepin County Taxpayer Services 2832 Winnetka Ave. N. READ IMPORTANT D15CLA1MER tNrUKMAILUN Property ID Approximate Property Perimeter Approximate Property Area 20- 118 -21 -33 -0035 423 ft. 10,253 sq.ft. = 0.24 acres Property Address Market Value Total Tax (2006) 2832 WINNETKA AVE N NEW HOPE, MN 55427 $202,000 $2,580.20 ,The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only `be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) fare approximates and may contain discrepancies. The information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or +?misrepresentation of this Information or its derivatives. http:Hwww l 3. co. hennepin .mn.us /publicparcelimage/Print. aspx ?CMD= INIT &IMAGEUR... 08/31/2006 --I- - -- - 'W U '. �� � Provided By: Hennepin County Taxpayer Services aprea READ IMPORTANT DISCLAIMER INFORMATION Property ID Approximate Property Perimeter Approximate Property Area 20- 118 -21 -33 -0036 462 ft. 12,137 sq.ft. = 0.28 acres Property Address Market Value Total Tax (2006) 7820 TERRA LINDA DR NEW HOPE, MN 55427 $185,000 $2,331.98 aMhe data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor. The perimeter and area (square footage and acres) Mare approximates and may contain discrepancies. The information on this page should be used for reference purposes only. :Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or *?misrepresentation of this information or Its derivatives. http : / /wwwl 3. co. hennepin. mn. us/ publicpareelimage /Print.aspx ?CMD= INIT &IMAGEUR... 08/31/2006 7820 Terra Linda Dr. HUFropertyM ap 1-ii F� Zoom ' X Out 10 -s 6 OW 4 2 Zoom In Map Resize Print j3 Legend V Help Center on click Yes r�. No Last update: 08/18/2006 at 3:30 PM -- READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this parcel Approximate Property Approximate Property Property ID Perimeter Area 20- 118 -21 -33 -0037 462 ft. 12,171 sq. ft. = 0.28 acres Property Address Market Value Total Tax (2006) 7810 TERRA LINDA DR NEW HOPE, MN $182,000 $2,287.82 55427 __0_ - Give .us..your._fee Frequ,e, ntly Aske r/Olkv HENNEPI Sal r I , For quicker resp information on 'Recenter on clic Show: 0 Aerial Photos Ofl 2004* Aerials Oi R City Names ® Street Names ®Address Number D Surveyed Parcel! D Lot Dimensions The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can only be discic surveyor. The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this pa County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this IN Please report any map discrepancies to the Hennepin County Survey Division via e -mail at Surveyor Maps(&co hennepin.TTln.us The quality of the display may be influenced by your screen size and resolution setting and is best viewed at 1024x768 or higher screen re Netscape 2.01 or later version for proper operation. Home l Your County Government l Licenses Certificates & Registration ( Employment & Volunteering l Environment, property. & Transportation http: / /www13. co. hennepin, mn. us/ publicpareelimage/hepropertymap. aspx ?PID= 20118213... 09/11/2006 Hennepin County Property Map HC;PropertyMap iq7 E Zoom Out No 10 an 8 6 004 0 E Zoom t In Map Resize Print, U Legend k? Help Center on click 0 Yes ONO Last update: 08/18/?006 at 3:30 PM -- READ IMPORTANT DISCLAIMER INFORMATION BELOW Click for detailed information on this r_arcel Approximate Property Approximate Property Property ID p Perimeter Area 20- 118 -21 -33 -0038 472 ft. 13,930 sq.ft. = 0.32 acres Property Address Market Value Total Tax (2006) 7800 TERRA LINDA DR NEW HOPE, MN $234,000 $3,048.20 55427 Giye .us...your fe.e Frequently Aske. F! {k'tb 6"iSiMi1k , SK11 1. .... For quicker rest information on s 'Recenter on cli( Show: Q-) Aerial Photos Ofi 'L�) 2004* Aerials 01 R City Names ® Street Names 0 Address Number ❑ Surveyed Parcel! ❑ Lot Dimensions The data contained on this page are derived from a compilation of records and maps and may contain discrepancies that can only be disci( surveyor, The perimeter and area (square footage and acres) are approximates and may contain discrepancies. The information on this pa County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this IN Please report any map discrepancies to the Hennepin County Survey Division via e-mail at Surveyor. MapS(d)Co.hennepin.mn.us The quality of the display may be Influenced by your screen size and resolution setting and Is best viewed at 1024768 or higher screen re Netscape 2.01 or later version for proper operation, Home I Your County Government I Licenses Certificates & Registration I Employment & Volunteering I Health, Housing,.& S. Envi ronment Property. &Transportation http: / /www 13. co. hennepin. mn. us/ publicparcelimage /hcpropertymap.aspx ?PID= 20118213... 09/11/2006 Hennepin County Property Map COUNCIL Originating Department Public Works Parks and Recreation Approved for Agenda February 25, 2008 Agenda Section Development & Planning Item No. 8.5 By: Guy Johnson Presentation and acceptance of the feasibility report and authorizing the preparation of plans and specifications for the proposed construction of storm water infrastructure improvements for Terra Linda Drive and Rosalyn Court (improvement project no. 809) Requested Action Staff is requesting that the Council receive a presentation by the city engineer for the proposed construction of storm xvater infrastructure improvements for Terra Linda Drive and Rosalyn Court. If the Council wishes to proceed with the project at this time, staff recommends that the Council authorize the preparation of plans and specifications for the project. Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background The May 8, 2006, rain event impacted properties in the Terra Linda Drive /Rosalyn Court area. The staff met with the Bassett Creek Management Watershed Commission's consultant engineer in December of 2006 to share the events and results of the May 8 storm event, and to ask what role the commission might play in helping resolve the issue. At his suggestion, staff has also met with representatives from the cities of Golden Valley and Crystal, and with the Bassett Creek Watershed Management Commission's Technical Advisory Committee (TAC) in July 2007 to discuss the possible involvement of the commission. At the January 14, 2008, Council meeting, staff shared very preliminary plans and cost estimates for the proposed construction of a concrete swale from Terra Linda Drive to the Rosalyn Court circle. After which, the Council authorized the preparation of a feasibility report for the project. Motion by Second by we L \RFA \PUMV0RKS \2008 \809 Feasability & Authorize Plans.doc Request for Action February 25, 2007 Page 2 The proposed swale would help reduce the possibility of storm water backup on Terra Linda Drive and property damage in the Terra Linda Drive /Rosalyn Court area. Staff has met with the owner of the Rosalyn Court complex, the owner of the office building located at 2738 Winnetka Avenue North, and the owner of the apartment building at 2720 Winnetka Avenue, and shared the proposed plan for the swale. To date, the property owners adjacent to the proposed Swale seem favorable to the project. Staff will continue talks with the adjacent property owners regarding a monetary contribution from the Rosalyn Court owner, and to obtain easements from all three owners that are necessary to complete the storm water improvements for Terra Linda Drive. The proposed project schedule is: • Present feasibility report and authorize plans and specifications on February 25, 2008 • Approve plans and specifications and order advertisement for bids on March 24, 2008 • Award contract on May 12, 2008 • Start construction in July /August 2008 Funding Funding for infrastructure projects would come from storm water /EDA funds. Attachments Attached is a memorandum from the city engineer and a copy of the feasibility report. I: \ RFA \ PUBWORKS \ 2008 \ 809 Feasabili ty & Authorize Plans.doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651- 636 -1311 www.bonestroo.com February 19, 2008 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, MN 55428 Re: Terra Linda Storm Water Improvements — Approve Report/Authorize Preparation of Plan & Specs Client Project No.: 809 Bonestroo File No.: 000034- 07192 -0 Dear Guy, On January 14, 2008, City Council ordered the preparation of a feasibility report for proposed storm water improvements generally located in the Terra Linda neighborhood near the southeast corner of the City. This report has been completed and is ready for review. The proposed work generally consists of grading and parking lot improvements to better control the overland flow of water in this area by alleviating backups and the resulting property damage that has occurred during these backups. The cost for the proposed improvements, as presented in the report, has been estimated at $224,100. This includes $186,700 for construction and an estimate $37,400 (20 %) for indirect costs. As listed in the report, final plans could be presented in March, bids received in May, and construction could start in July or August. Completing the construction activities in this area during the typically dryer part of the season is preferred. This is in attempt to limit washout and erosion issues during construction that could occur due to the high volumes water that pass through this area during large rain events. We recommend Council review the report. Assuming the report is acceptable, we recommend Council authorize the preparation of the plan and specifications for the proposed project at the February 25` meeting. Plans would be prepared using the report as a guideline for the improvements. Please contact me at 651- 604 -4938 if there are any questions or concerns. Yours truly, .� •i1 Jason Quisberg, PE Terra Linda Storm Water Improvements Feasibility Report City of New Hope February 2008 City Project No: 809 File Number: 000034-07192-0 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636 -4600 Fax 651 - 636 -1311 www.bonestroo.com February 14, 2008 Honorable Mayor and Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Terra Linda Storm Water Improvements Client Project No.: 809 Bonestroo File No.: 000034 - 07192 -0 Dear Mayor and Council Members: We are pleased to present our Report for the Terra Linda Storm Water Improvements project. The general location of the work is near the southeast corner of the City, just east of Winnetka Avenue, between Terra Linda Drive and Rosalyn Court. The intent of the proposed improvements is to alleviate the backup of water that occurs along Terra Linda Drive during large rain events. Furthermore, the intended outcome of the project is to reduce the potential for property damage that results at this location and immediately downstream due to these backups. We recommend this report be presented and discussed at the February 25, 2008 Council meeting. Respectfully submitted, T RUM ��,,''-. CL� Jason P. Quisberg, P.E. 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. �0 Jason P. Quisberg, P.E. Date: February 14, 2008 Reg, No. 44315 St. Paul St, Cloud Rochester Milwaukee Chicago CITY OF NEW HOPE - TERRA LINDA STORM WATER IMPROVEMENTS Table of Contents Letterof Transmittal .................................................................................................... ..............................1 Tableof Contents ........................................................................................................ ..............................2 Introduction................................................................................................................. ..............................3 ExistingConditions. ........................................ ........................................ ..... ­­ ........................................ 3 ProposedImprovements ............................................................................................... ..............................4 Methodology........................................................................................................... ..............................4 OverlandFlow Improvements ................................................................................... ..............................5 StormSewer Improvements ..................................................................................... ..............................6 AnticipatedResults .................................................................................................. ..............................6 Figure G1.02A— Proposed Improvements ............................................................ ..............................7 Figure A — Parking Lot Cross Sections .................................................................. ..............................8 PublicCommunications ................................................................................................ ..............................9 2738 Winnetka Avenue — Office Building ................................................................. ..............................9 Mazhary Apartments — 2730 Winnetka Avenue ....................................................... ..............................9 Rosalyn Court Apartments /Condominiums — 2720/2730 Rosalyn Court .................... ..............................9 TerraLinda Drive Residents ...................................................................................... ..............................9 Easements.. .................. .................. ....................................................................................................... 10 CostEstimate... ....... ............ ............ ..................... ............................................. ................................. 11 Table1 —Cost Estimate ....................................................................................... .............................11 Financing................................................................................................................... .............................11 Revenues............................................................................................................... .............................11 Assessments........................................................................................................... .............................11 ProjectSchedule ......................................................................................................... .............................12 ProposedProject Schedule ...................................................................................... .............................12 Conclusionand Recommendations .............................................................................. .............................12 Appendix.................................................................................................................... .............................12 Appendix A: Detailed Cost Estimates ...................................................................... .............................12 CITY OF NEW HOPE - 2008 INFRASTRUCTURE IMPROVEMENT PROJECT Introduction The City of New Hope has chosen to investigate the feasibility of performing improvements to alleviate the backup of storm water during large rain events and reduce the likelihood of property being damaged during these backups in the Terra Linda neighborhood. Multiple reports of property damage to homes and infrastructure, including parking lot pavements, have been made in this area. The damage reported was caused by one of two issues: 1. High volumes of water backing up in the low area of Terra Linda Drive during large rain events, or 2. The force of this water flowing overland to the south. The improvements, as proposed in this report, address these issues by working to reduce the water levels realized during large events and control the velocity of the water as it flows overland to Rosalyn Court. Existing Conditions The existing topography between Terra Linda Drive and Rosalyn Court limits the rate at which water can flow to the south, out of the Terra Linda Drive low area. This limitation results in the backup of water along Terra Linda Drive and, in turn, creates a risk for property damage to the homes along this stretch of road. Furthermore, the restrictive section of the water's path of flow causes the velocity of the water to increase as it travels through it. This increase in velocity results in a flow with enough energy to damage infrastructure, such as pavement and buildings, in its path. Through analysis of survey information collected in this area, the restricting areas in the path of the overland flow have been identified. The emergency over flow (EOF) for the low area of Terra Linda Drive is located along the east side of the office building located on the southeast quadrant of Winnetka and Terra Linda Drive. The EOF is the elevation at which the backed up water can "escape" the backed up area and flow downstream. Additionally, it is the terrain, including a larger deciduous tree, at and immediately downstream of the EOF, that reduces the cross - sectional area of the path in which the water flows. This reduction in area causes the velocity of the water to increase. As a result, damage to the apartment complex parking lot between the office building and Rosalyn Court has occurred. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements I4. Bonestroo Page 3 Proposed Improvements The Star Tribune reported 3.6- inches of rain fell in a short amount of time during a storm on May 8, 2006 storm. This event compares to a 6 -inch, 24 hour event (roughly 8- inches /hour). Survey information shows water levels in the Terra Linda Drive area reached a peak elevation of 907.4. Due to the backup of water occurring during this event and the flow of this water to the south, property damage was reported by several residents on Terra Linda Drive and the apartment complex off Rosalyn Court, A computer model for the drainage system including the Terra Linda neighborhood was created. The reported storm information and survey data collected in the area was used to calibrate the model in attempt to better represent actual drainage patterns in the area. The functioning model of the system allows for improvement scenarios to be incorporated into the system and the resulting changes estimated. Numerous improvement options were explored to address the backup issues at Terra Linda Drive and the overland flow of the water to the south. These options ranged from changes to the terrain upstream of the Terra Linda Neighborhood to modifications of additional controlling terrain characteristics located downstream. Cost - benefit analyses were completed for the options explored. Given the results of these analyses and the availability of assistance from the controlling watershed and adjacent cities, it was determined to proceed with the option involving improvements to the terrain in the immediate area of study. More specifically, lowering, and expanding, the EOF for the Terra Linda Drive low area from approximately 903.9 to 903.0. When this improvement scenario is incorporated into the working model, the peak water level achieved by the backup at Terra Linda Drive is reduced from 907.4 to approximately 905.9. The lowest opening of a home along this stretch of Terra Linda Drive, the garage floor elevation, is approximately 905.6. The next lowest home opening is about 906.2. This suggests that given a storm event comparable to that of May 8tn the likelihood of water levels reaching an elevation threatening to enter the homes in this area is reduced. City of New Hope , Project No: 000034- 07192 -0 Terra Linda Storm Water Improvements r,C Bonestroo Page 4 OVERLAND FLOW IMPROVEMENTS There are two concepts behind the proposed improvements to reduce the likelihood, or at a minimum, the frequency, of future property damage: • Increase the rate at which water can flow out of the Terra Linda Drive corridor. • Decrease the velocity of the water as it flows out of this area. The proposed improvements include the lowering and expanding the EOF from the Terra Linda Drive low point. This can be accomplished through reconstructing /lowering of the area that serves as the overland route for the storm water passing through the Terra Linda Drive low area. The majority of this route consists of paved surfaces serving as parking lots for: • An office building located at 2738 Winnetka Avenue • Mazhary Apartments located immediately south of the office building • Rosalyn Court Apartments /Condominiums The area to be lowered is shown on Figure G1.02A in yellow. In addition to lowering the EOF, the parking lots would be reconstructed such that the cross sectional area of the overflow route is increased. See Figure A for a profile view of the proposed ground versus the existing at two locations within the improvement area. Increasing the area through which water can pass at a given elevation will allow the water to flow at a higher rate, measured as a volume of water in relation to time. Reconstruction of the lots, specifically the lowering of the terrain, along with the removal of a large diameter tree located in the path of the water, will result in an increase of the cross sectional area. The second concept behind the improvements is to provide a consistently gentler grade between Terra Linda Drive and Rosalyn Court. Minimizing areas with more significant drop in elevation will help control the velocity of the water as it flows to the south. A reduction in velocity, measured as a distance traveled in relation to time, translates to a reduction in energy contained in the flow, therefore reducing the potential for damage to that in the path of the overland flow. As an extra measure to reduce the potential for damage caused by the water flowing to the south, a concrete flume is proposed along the centerline of the overflow route between these two locations. The flume will provide a "seamless path" for the flow of water as it moves south. A seamless route provides two benefits when it comes to managing the flow: • prevents water from undermining pavement it approaches from a turf surface • prevents flow from becoming turbulent by reducing surface unevenness in the flow path The orange shown on Figure G1.02A represents the concrete flume proposed as part of the improvements. A 6 -inch thick, reinforced concrete flume is proposed on a 6 -inch thick class 5 aggregate base. The proposed bituminous pavement section is 3 1 /2- inches of bituminous on an 8 -inch thick class 5 aggregate base. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm water Improvements Ir Bonestroo Page 5 STORM SEWER IMPROVEMENTS Minimal elevation change exists between the low point of Terra Linda Drive and Rosalyn Court. This condition prevents a constant grade, with elevation decreasing to the south, from being feasible to properly drain the area under low flow conditions. To accommodate, storm sewer improvements are required. To properly drain the area under low flow conditions while maintaining an overflow route for high flows that meets the necessary requirements of the selected improvement scenario, a series of low and high points would need to be constructed along the path of the flow. The low and high points are configured to minimize grade issues resulting from matching surface elevations at existing structures. Catch basins would be installed at the low points to prevent water from pooling at these locations. In addition to minimizing grade issues, placement of the low and high points minimize storm sewer pipe and structures required to properly drain the area. The existing 24 -inch diameter pipe generally extending parallel to and along the northern portion of the overflow route could be utilized to eliminate the need for multiple new leads. The only new storm sewer lead required as part of these improvements is that shown in green on Figure 1 to drain low flows in the southernmost parking lot. Drainage at the remaining two low spots would be accomplished by constructing open casting structures on the existing line at these locations as shown on Figure 1. c It is important to note these improvements are not expected to eliminate the backups that occur along the Terra Linda Drive corridor. Instead they are intended to alleviate the backups that occur during larger storm events. The targeted outcome of these improvements is to prevent property damage from occurring during storms with higher intensity levels than that which can be tolerated under existing conditions. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements R. Bonestroo Page 6 601 'IN -21-1 -10 W9"9E9_Ts9:.u.qd NYld ls ITISS NW 1—d 'is 004sam SIN3WgAO*ddWI *dalVM VGNII Vldd31 9E APM4 IS&M SEEZ 74 wwo coed 'IS V1OS3NNIW '3dOH M3N A - I _— - — - - - - - - - - - - - - - ----- - = MEDICINE LAKE ROAD COUNTY ROAD 70 <—< - — - - - - - - - - - A F - A d I r - - - - � i � I -'___ � � __ �� i � I I l i i i � - - - -� I ? A - - - - - - A A A z (D Si A A A H .. 15 A A FS wz z < I i��� I oNN 0 Z! 4 4 < A k A F Fj L'i L L-- I _T - - - - J L____ T_ --- T�,� 0 z > 'IV I Wa�ll < < < < 3AING va t IIB < f z z JA A ya�b L -J L — — — /X Wa�ll SECTION A-A I �� o ....... ...... ... . 12" :"bRiVE Ex GROUND . 4 -4- _ ....... ... 0E*FbRCEME T 18: 8 TUMINQUS*---:- 16.4"'QO CRETE -m* Vii Si 0+00 0+10 0+20 0+30 0+40 SECTION B-B 910 908 906 904 902 900 .... ......... ... ...... ... ...... ...... - I , ......... . .. ....... 910 Ex.GROUND 910 908 > 908 906 ...... m 906 ........ ..... 904 9D4 .. 902 ... 5W ....... 902 goo . . . 11011FIA'WENT' . . . . . . . . . . . . . . . . . . . ...... ....... .... 900 ......... . 0+00 0+10 0+20 0+30 0+40 0 5 10 s SCALE: 1"=10' PARKING LOT CROSS SECTIONS 0+50 NOTE: CROSS SECTIONS CORRESPOND WITH PLAN SHEET G1.02A NEW HOPE, MINNESOTA FIGURE A TERRA LINDA STORM WATER IMPROVEMENTS PKG LOT XSECTS.dwg DATENOVEMBER 2007 COMM: 000034-07192-0 Public Communications Contact has been made with the properties having the greatest impact from the proposed improvements. Below is a brief summary of the involvement with each thus far. 2738 WINNETKA AVENUE — OFFICE BUILDING Multiple meetings have been held with this property owner to present and discuss proposed improvements. The owner is supportive of the project and appears willing to cooperate with the relocation of existing easements. MAZHARY APARTMENTS — 2730 WINNETKA AVENUE Owner has been contacted by phone. A general description of the proposed improvements was given. Owner stated he is supportive and willing to cooperate as necessary for City to complete the project. ROSALYN COURT APARTMENTS /CONDOMINIUMS — 2720/2730 ROSALYN COURT Multiple meetings have been held with the owner to present and discuss the proposed improvements. Owner is supportive of project and appears willing to cooperate. A possible cost share for improvements to the parking lot was discussed. No specific amount was identified. However, mention was made to a possible contribution using money previously identified for use in the burial of overhead utilities. Past agreements named $20,000 for these improvements. This property owner has begun, and significantly completed, local improvements at the southeastern building to address property damage caused by backups at this location. Improvements generally include installation of a retaining wall around the perimeter of the building to prevent water from entering the lower units through the windows. City staff continues to work with the property owner to help assure these improvements will be effective. TERRA LINDA DRIVE RESIDENTS The homeowners of the property at 7810 Terra Linda Drive attended the neighborhood meeting held on January 15, 2008 at the Public Works facility. These residents expressed support of the project and their desire for improvements to be constructed. Disturbance to any single family home property is limited to one parcel — that located at 7829 Terra Linda Drive. Though disturbance outside of the City right -of -way will be minimal, a temporary construction access agreement will be necessary. Contact with this property owner has been unsuccessful due to the disconnection of the phone line to this residence. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements 7r Bonestroo Page 9 Easements Permanent drainage and utility easements as well as temporary construction easements would be required for this project. Brief descriptions of the estimated easements that would be required for the project are listed below: 7829 Terra Linda Drive — single family home — A temporary construction easement would be required due to the likely disturbance of a limited area of turf and possibly driveway surface outside of the street right -of- way. 2738 Winnetka Avenue — business office building — A temporary construction easement would be required as well as a permanent drainage and utility easement generally along the east property line of this parcel to cover the concrete flume storm sewer conveyance system. The permanent easement area needed from this property is estimated at roughly 3,200 square feet. Drainage and utility easements currently exists in the general area needed for this project. However, the current locations do not completely cover the concrete flume and would need to be revised to encompass the area needed. A portion of the existing easement on this property could be removed when the new is filed. No net increase in the total easement area on this property is expected. 2720 Winnetka Avenue — Mazhary Apartments — A temporary construction easement together with a permanent drainage and utility easement over the northeast corner of the property would be required. The permanent easement needed is estimated at 1,800 square feet or less. 2720 and 2730 Rosalyn Court — Rosalyn Court Condominiums — Temporary construction easements and permanent drainage and utility easements would be required at both of these properties. The permanent easement would extend along the common lot line to cover the concrete flume as well as the proposed underground storm sewer pipe. It is estimated that a 15 -foot wide easement would be needed along the lot line for the property at 2720 and a 5 -foot wide easement along the property at 2730. Both easements would be along the entire length of this common lot line. The estimated easement areas for 2720 and 2730 are 3,300 square feet and 1,100 square feet respectively. Note that right -of -entry forms have often been used in lieu of a formal temporary easement filing in many past projects. For simplification, it is recommended this practice be used for this project as well. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements Aroo Bonestroo Page 10 Cost Estimate The total cost estimate for the work proposed to be complete as part of the Terra Linda Storm Water Improvements Project is $224,000.00. Detailed cost estimates have been prepared and can be seen in Appendix A. A summary of the estimated costs can be seen below: Table 1—Cost Estimate Base Bid: Financing CONSTRUCTION INDIRECT TOTAL COST $186,700.00 $37,400.00 $224,100.00 The following are possible sources of funding for the Terra Linda Storm Water Improvements Project: ❖ Storm Water Fund Property Owner Cost Participation ASSESSMENTS No special assessments are proposed for this project. City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements c Bonestroo Page 11 Project Schedule PROPOSED PROJECT SCHEDULE Authorize Feasibility Report Present Feasibility Report Authorize Plans and Specifications Approve Plans and Specifications Authorize Bids Receive Bids/ Award Contract Start Construction Complete Construction Conclusion and Recommendations January 14, 2008 February 25, 2008 February 25, 2008 March 24, 2008 March 24, 2008 May 12, 2008 July /August 2008 Fall 2008 It is the finding of this study that the proposed improvements are warranted, feasible and cost effective. The following steps are recommended: • Adopt this report as the guide for development of the proposed improvements • Order the preparation of plans and specifications • Review plans and specifications — authorize bidding • Receive bids • Install the infrastructure, with construction anticipated to be completed in 2008 • APPENDIX A: DETAILED COST ESTIMATES City of New Hope Project No: 000034 - 07192 -0 Terra Linda Storm Water Improvements �. B onestro0 Page 12 COST ESTIMATE TERRA LINDA STORM WATER IMPROVEMENTS Bonestroo CITY PROJECT NO. 809 FILE NO. 000034 - 07192 -0 NEW HOPE, MN JANUARY 2008 Total Price No. Item Units Unit Price Qty 1 MOBILIZATION LS $7,500.00 1 $7,500.00 2 TRAFFIC CONTROL LS $3,000.00 1 $3,000.00 3 EROSION CONTROL LS $2,000.00 1 $2,000.00 4 SAWING BITUMINOUS PAVEMENT LF $3.00 140 $420.00 5 REMOVE BITUMINOUS PAVEMENT SY $3.00 3,300 $9,900.00 6 REMOVE CONCRETE SIDEWALK SF $1.00 225 $225.00 7 REMOVE PEDESTRIAN CURB RAMP EA $300.00 1 $300.00 8 RELOCATE TRASH CONTAINER EA $3,000.00 1 $3,000.00 ENCLOSURE 9 CLEARING TREE $1,500.00 2 $3,000.00 10 GRUB TREE $500.00 2 $1,000.00 I I COMMON EXCAVATION CY $13.00 1,250 $16,250.00 12 12" RCP STORM SEWER LF $35.00 141 $4,935.00 13 4' DIAMETER STORM CBMH EA $2,500.00 1 $2,500.00 14 CONSTRUCT T DIAMETER STORM EA $7,000.00 1 $7,000.00 CBMH OVER EXISTING PIPE 15 CONSTRUCT 4' DIAMETER CBMH EA $3,000.00 1 $3,000.00 OVER EXISTING PIPE 16 AGGREGATE BASE, CLASS 5 TN $15.00 1,500 $22,500.00 17 TYPE LV 3 NON WEARING COURSE TN $55.00 325 $17,875.00 MIXTURE (B) 18 TYPE LV 4 WEARING COURSE TN $65.00 245 $15,925.00 MIXTURE (B) 000034 - 07192 -0 1 PRELIMINARY COST ESTIMATE No. Item Units Unit Price Qty Total Price 19 BITUMINOUS MATERIAL FOR TACK GAL $3.50 140 $490.00 COAT 20 6" REINFORCED CONCRETE SY $65.00 650 $42,250.00 PAVEMENT IRREGULAR WIDTH 21 4" CONCRETE SIDEWALK SF $5.00 225 $1,125.00 22 PEDESTRIAN CURB RAMP WITH EA $750.00 1 $750.00 TRUNCATED DOME 23 POURED IN PLACE RETAINING WALL SF $50.00 45 $2,250.00 24 RESTORATION LS $2,000.00 1 $2,000.00 25 PAVEMENT MARKINGS LS $500.00 1 $500.00 SUBTOTAL $169,695.00 10% CONTINGENCY $16,969.50 $186,664.50 CONSTRUCTION SUBTOTAL $186,700.00 20% INDIRECT COSTS $37,400.00 PROJECT TOTAL $224,100.00 000034- 07192 -0 2 PRELIMINARY COST ESTIMATE AL September 29, 2008 BOH Enterprises, LLC c/o Larry Brenner and Dick Hanson 2738 Winnetka Avenue North New Hope, MN 55427 Acquisition of Drainage and Utility Easement Lots 11 and 12, Block 1, Lamphere's Terra Linda 2738 Winnetka Avenue North This letter agreement shall constitute the City of New Hope's agreement to purchase and BOH Enterprise, LLC's agreement to sell a twenty (20) foot drainage and utility easement over the referenced property as more fully described in the attached easement document entitled a PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT. Simultaneous with the execution of the attached easement document, the City will pay BOH Enterprises, LLC the sum of Ten Thousand ($10,000.00) and No Dollars. The City and BOH Enterprises agree said payment constitutes sufficient consideration for the easement. BOH Enterprises, LLC further warrants and guarantees it has marketable title and authority to convey this easement to the City and this warranty and guarantee shall survive subsequent to the signing of the easement by BOH and the recording of the easement by the City. CITY OF NEW HOPE BOH EN , XERPRI $ES, LLC - � w By: Kirk McDonald Its: City Manager By: Its: PAAttomey \SAS \1 Client Files \2 City of New Hope\99- 11342(tem linda easements) \ltr agreement - BOH easemennt - 2.doc 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 * www. ci.new- hope.m7l.us City Hall: 763- 531 -5100 * Police (non - emergency): 763- 531 -5170 Public Works: 763- 592 -6777 ® TDD: 763 -531 -5109 City Hall Fax: 763- 531 -5136 * Police Fax: 763 - 531 -5174 * Public Works Fax: 763- 592 -6776 Payee: 112866 BOH ENTERPRISES LLC Check No. - 138756 Check Date - 9/30/2008 Supplier Invoice No Date Remark PO LTR 9- 9/26/2008 Easement (Terra Linda Project) Stub 1 of 1 Amount 10,000.00 TO THE e BOH ENTERPRISES LLC ORDER 2738 WINNETKA AVE N OF o NEW HOPE MN 55427-2850 of i 3a 2 5 pug nog 0 000 Lqnw 2 1 L 3 L, I L 211" ( nT TTYTCTT Public Works October 27, 2008 Consent Item No. :;uy Johnson By: Kirk McDonald 6.7 Resolution accepting easements for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court (improvement project No. 809) Requested Action Staff is recommending that the Council pass a resolution accepting easements necessary for construction of the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court. The easements are for the following properties: 2730 Winnetka Avenue (Total Care Assisted Living Services, LLC) 2738 Winnetka Avenue (BOH Enterprises, LLC) 6700 Humboldt Ave. N. #104 (Rosalyn Court Condominium Association) 7829 Terra Linda Drive (Natalie and Lester Bauman) f zelln j 1 t9 n1t Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background The May 8, 2006, rain event impacted properties in the Terra Linda Drive /Rosalyn Court area. At the January 14, 2008, Council meeting, staff shared very preliminary plans and cost estimates for the proposed construction of a concrete swale from Terra Linda Drive to the Rosalyn Court circle. After that, the Council authorized preparation of a feasibility report for the project. At the February 25, 2008, Council meeting, the city engineer from Bonestroo engineering presented the feasibility report to the City Council. Motion by Second by To: "/ "/, /'.7 %l? AY I. nrnt Pf.. . — 1 11 —1. uuvvvi nar4UVOIovy i erra LInaa - Casements Request for Action October 27, 2008 Page 2 Council accepted the feasibility report and authorized the development of plans and specifications for the storm water improvement project. Council approved the plans and specifications on March 24, 2008, and authorized advertising for bids. To complete the storm water improvement project, it was necessary to acquire easements from adjacent properties. These easements were required in order to facilitate construction and to provide for easements over the new storm water swale. The swale will help reduce the possibility of storm water backup on Terra Linda Drive and property damage in the Terra Linda Drive /Rosalyn Court area. Staff met with the property owners adjacent to the proposed swale a number of times, sharing the proposed plan for the swale, and has received all necessary easements. Construction of the project began the week of October 13. Weather permitting, the project will be substantially completed this fall and any restoration work remaining will be completed next spring. Funding The bid from Imperial Developers Inc. for construction of the storm water improvement was $128,775.20. Funding for infrastructure projects will come from storm water /EDA funds and cost participation by the Rosalyn Court property owner. Attachments Copies of the permanent easements and a copy of the resolution are attached. I: RFA\Pubworks \2008 \809 Terra Linda - Easements City of New Hope Resolution No. 2008 -148 Resolution accepting easements for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court (improvement project No. 809) WHEREAS, the city has initiated its storm water improvement pond construction project No. 809; and, WHEREAS, the project involves storm water improvements and requires easements from the 2730 Winnetka Avenue, 2738 Winnetka Avenue, Rosalyn Court Condominium Association, and 7829 Terra Linda Drive properties; and, WHEREAS, the owners of the properties will grant the city of New Hope easements on their properties, copies of which are attached; and, WHEREAS, the easements allow the city access to the properties for the operation and maintenance of the storm water improvements; and, WHEREAS, it would be in the city's best interest to accept the easements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the easements attached are hereby accepted. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 27th day of October, 2008. l r Ma r Attest:'�TL� City Clerk Lester M. Bauman 2829 Terra Linda Drive The undersigned, owners of the property legally described as: Lot 10, Block 1 Lampheres Terra Linda Addition according to the recorded plat thereof, Hennepin County, Minnesota, do hereby consent to the entry by the City of New Hope, its designated agents and assigns, and by the general contractor employed by the City, its subcontractors and agents, onto that portion of the property described above, required for the purpose of storm sewer improvements generally located near the northwest corner of the property. The undersigned owners hereby agree to permit the entry and use of the above - described property by the City of New Hope and its designated agents for the purpose set forth herein. As part of this Agreement, the undersigned agree to remove all items to be salvaged such as bushes, trees, storage sheds, and any other such items from the area of the construction generally described in the previous paragraph. If such items are not removed by the time of construction, the undersigned agree that the City may remove said items. The City of New Hope, its agents and assigns, and the general contractor agree that at the conclusion of construction, the above - described property will be restored to a condition equivalent to or better than its condition as of the date of this agreement, except that the City will not be responsible for replacing or restoring the bushes, trees, and any other such items addressed in the preceding paragraph. This Right -of -Entry Agreement shall remain in effect until December 31, 2008, and at such time it will automatically terminate and be null and void without notice or without further action by any party hereto. Dated this day of — , 2008. CITY OF NEW HOPE, A MINNESOTA Its City Manager Ak CITY OF NEW HOPE BOH ENTERP -J �ES, LLC By: Kirk McDonald Its: City Manager . ,,s B y: Its: I i- PAAttorney\SAS\l Client Filesl2 City of New Hope\99- 11342(tera linda easements) \ltr agreement - BOH easement- 2.doc September 29, 2008 BOH Enterprises, LLC c/o Larry Brenner and Dick Hanson 2738 Winnetka Avenue North New Hope, MN 55427 RE: Acquisition of Drainage and Utility Easement Lots 11 and 12, Block 1, Lamphere's Terra Linda 2738 Winnetka Avenue North This letter agreeinent'shall constitute the City of New Hope's agreement to purchase and BOH Enterprise, LLC's agreement to sell a twenty (20) foot drainage and utility easement over the referenced property as more fully described in the attached easement document entitled a PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT. Simultaneous with the execution of the attached easement document, the City will pay BOH Enterprises, LLC the sum of Ten Thousand ($10,000.00) and No Dollars. The City and BOH Enterprises agree said payment constitutes sufficient consideration for the easement. BOH Enterprises, LLC further warrants and guarantees it has marketable title and authority to convey this easement to the City and this warranty and guarantee shall survive subsequent to the signing of the easement by BOH and the recording of the easement by the City. 4401 Xyloii Avenue North ® New Hope, Minnesota 55428 -4898 0 www.d.new-hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 . Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 ® Police Fax: 763- 531 -5174 o Public Works Fax: 763- 592 -6776 138756 Payee: 112866 BOH ENTERPRISES LLC Check No. - 136756 Stub 1 o f I Supplier Invoice No Date Remark Check Date - 9/30/2008 LTR 9-.29-08 9/26/2008 Easement . (Terra Linda Project) PO Amount 10 ,000.00 19�0 PLEASE DETACH BEFORE DEPOSITING CITY OF., Ngw HOPE NEW HOPE, MINN. 55428 WELLS FARGO BANK 138756 17 4401 Xylon Avenue No. 910 New Hope, Minnesota 55428 NUMBER 00138756 PAY TEN THOUSAND AND DATE 9/30/2008 AMOUNT $****10 TO THE . BOH ENTERPRISES LLC ORDER . 2738 WINNETKA AVE N .OF NEW HOPE MN 55427-2850 V1,387SPlux 1:09100001948021,134112111 TUCKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLIN- STEPHEN M. RINGQUIST' STEVEN A.SONDRALL Attorneys At Law December 30, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Terra Linda Storm Sewer Easements Our File No. 99.11342 Dear Val: Please find enclosed for the permanent city record the original easements we received from the following entities containing the recording information from the Registrar of Titles regarding the Terra Linda area: 8525 L+ DINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE; (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law @jaspattorneys.com Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@j'aspattorneys.com L Total Care Assisted Living Services, LLC -2730 Winnetka Avenue North 2. BOH Enterprises, LLC -2738 Winnetka Avenue North 3. Rosalyn Court Condominium Association- 2720 -30 Rosalyn Court 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 These easements should be maintained in the permanent city records. Please contact me if you have any questions about these easements. Very truly yours, Steven A. Sondrall Enclosure(s) cc: Guy Johnson, Public Works Director Curtis Jacobson, Community Development Developer ' .' •' I of To: Pam Sylvester, Guy Johnson From: Valerie Leone, City Clerk Date: January 7, 2009 Subject: Recorded Easements Attached please find the following recorded easements: Reference Address Owner Imp. Proj 809 2730 Winnetka Total Care Assisted Living Services, LLC Imp. Pro' 809 2738 Winnetka BOH Enterprises, LLC Imp. Proj 809 2720 -30 Rosalyn Court Rosalyn Court Condominium Association Doc No 4547064 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TransiD 456420 Deputy 26 New cert Cert Fees 1230397 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total (z3C) 7 5 �� PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the day of 0-(?,t 2008, between TOTAL CARE ASSISTED LIVING SERVICES, LLC, a Minnesota limited liability company (herein "First Party ") and the CITY OF NEW HOPE, a Minnesota municipal corporation (herein "City "). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property "): Lot 1, except that part thereof embraced in the plat of Rosalyn Court and except the South 190 feet of said part of Lot 1; The South 15 feet of the West 23 feet of Lot 10 and Lot 13, Block 1, Lamp.here's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property — Certificate of Title No. ) WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement tract herein described below and to maintain drainage and public utilities to be constructed therein. The permanent easement herein described shall continue forever as a permanent easement over, under and across said tract and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and across the tract of land herein below described. The permanent easement herein granted is situated over, under and across a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a permanent drainage and utility easement over, under and across that part of Lot 13 and the South 15 feet of the West 23 feet of Lot 10, Block 1, Lamphere's Terra Linda, together with the North 10 feet of that part of Lot 1, Block 1, lying West of the Plat of Rosalyn Court, all in Hennepin County, Minnesota, described as lying northeasterly of a line beginning at the point of intersection of the east line of said Lot 13 and a line 5.00 feet southwesterly of and parallel with the northeasterly line of Lot 4, Block 1, Rosalyn Court; thence northwesterly, parallel with said northeasterly line of Lot 4, to the northerly line of said Lot 13 and said line there terminating. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2009. By acceptance of this temporary construction easement, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of said Improvement. The temporary construction easement described above is located over a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a temporary construction easement over, under and across Lot 1, except that part thereof embraced in the plat of Rosalyn Court and except the South 190 feet of said part of Lot l; The South 15 feet of the West 23 feet of Lot 10 and Lot 13, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof. TOTAL CARE ASSISSTED LIVING SERVICES, LLC 2 By: Its By: Its STATE OF MINNESOTA } ss. COUNTY OF HENNEPIN The foregoing permanent and temporary easement was acknowledged before me this day of ( Q/,6 2008, by �� 1��`r�rt and the and the limited liability company. IIII:/ -/� lJ lJIJ� J _ � :.%'1.11✓'_.. ti �• 1 S '��'� ' . • � tit a ✓ l./ �flll l�lllll_/ll �•� ll.,llll. �� Notary Public I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: r City Clerk. Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 of Total Care Assisted Living Services, LLC on behalf of MAttomey\SAS \1 Client Files\2 City of New Hope \99- 11342(terra linda easements) \Easement (Permanent & Temporary) Total Care.doc Doc No 4547062 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 456420 New cert Cert 1107137 Deputy 26 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total I(Q7(37 PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the ` 36 day of , 2008, between BOH Enterprises, LLC, a Minnesota limited liability company (herein " irst Party ") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (herein "City "). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property "): Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property — Certificate of Title No. 110713 7) WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement tract herein described below and to maintain drainage and public utilities to be constructed therein. The permanent easement herein described shall continue forever as a permanent easement over, under and across said tract and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and across the tract of land herein below described. The permanent easement herein granted is situated over, under and across a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a permanent drainage and utility easement over, under and across the East 20.00 feet of lot 11, Block 1, Lamphere's Terra Linda. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2009. By acceptance of this temporary construction easement, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of said Improvement. The temporary construction easement described above is located over a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a temporary construction easement over, under and across Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota. R STATE OF MINNESOTA COUNTY OF HENNEPIN ss. Its: 2 The foregoing permanent and temporary easement was acknowledged before me this 4 day of� �,.�..J 2008, by ��-�.� cJ/ y�J and 11`� �Q , , the and of BOH Enterprises, LLC on behalf of the limited liability company. lJlI--- /I.IIJ-�III� PAMELA R. TATRO NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 201 Notary Public ti S I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: 30 & City Clerk Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAtt0mey'.SAS \1 Client `riles \2 City of New Aope\99- 11342(terra Linda easements) \Easement (Pennanent & Temporary) BOTI- -2.doc 3 Doc No 4547063 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 456420 Deputy 26 New cert Cert Fees 1167653 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total I 1 ( - 7(,5 3 PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the _Il ' ` day of TutL , 2008, between Rosalyn Court Condominium Association, a Minnesota non -profit corporation (herein "First Party ") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (herein "City "). WHEREAS, First Party has statutory authority per Minn. Stat. §515B.3- 102(a)(9) to grant easements for public utilities through, over or under the common elements in CIC No. 1570, Rosalyn Court Condominium, a condominium located in the County of Hennepin as identified in Common Elements Certificate of Title number 1167653 (herein Property), WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and through said Property as legally described as follows: Tract l: A part of the common elements in CIC No. 1570, Rosalyn Court Condominium, a Condominium located in the County of Hennepin which is legally described as follows: That part of Lot 3, Block 1, Rosalyn Court, Hennepin County, Minnesota, lying 15.00 feet Northeasterly of and adjoining the Southwesterly line of said Lot 3. Tract 2: A part of the common elements in CIC No. 1570, Rosalyn Court Condominium, a Condominium located in the County of Hennepin which is legally described as follows: That part of Lot 4, Block 1, Rosalyn Court, Hennepin County, Minnesota, lying 5.00 feet Southwesterly of and adjoining the Northeasterly line of said Lot 4. Now therefore in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt of which is acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement Tracts described above and to construct and maintain drainage and public utilities therein. The permanent easements herein described shall continue forever as permanent easements over, under and through said Tracts 1 and 2 and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and through the Tracts above described. Further, the First Party in consideration ofthe sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt of which is acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon all of the common elements identified by Common Elements Certificate of Title number 1167653, excluding those common elements improved by a building or other such structure, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2008. By acceptance ofthis temporary construction easement, the City covenants and agrees to restore the surface of the ground and all structures to substantially the same condition as existed prior to construction of the Improvement. Rosalyn Co rt Condominium Association By: John oder Its: Pre ident STATE OF MINNESOTA COUNTY OF I SS. 2 The foregoing permanent and temporary easement was acknowledged before me this day of Ti4,,,.( , 2008, by John P. Roder, President of the Rosalyn Court Condominium Association on behalf of the non -profit corporation. e CORRIN ANDERSON y Notary P ublic Minnesota Commission Expires January 31, j 1� Notary ublic I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: 16S 1 City Clerk Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAttomec \SAS \1 Client Files\2 City ofNetc Hope \99- 11342(teua linda easements)\Easement (Permanent & Temporan) rosakn court.doc VIEW of 110 10 1 Attorneys At Law T ucKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLM' STEPHEN M. RINGQUIST' STEVEN A.SONDRALL December 30, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Terra Linda Storm Sewer Easements Our File No. 99.11342 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law @jaspattorneys.com Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@jaspattorneys.com Please find enclosed for the permanent city record the original easements we received from the following entities containing the recording information from the Registrar of Titles regarding the Terra Linda area: 1. Total Care Assisted Living Services, LLC -2730 Winnetka Avenue North 2. BOH Enterprises, LLC -2738 Winnetka Avenue North 3. Rosalyn Court Condominium Association - 2720 -30 Rosalyn Court 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 These easements should be maintained in the permanent city records. Please contact me if you have any questions about these easements. Very truly yours, < �� _ L Steven A. Sondrall Enclosure(s) cc: Guy Johnson, Public Works Director Curtis Jacobson, Community Development Developer Doc No 4547062 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Trans] D 456420 Deputy 26 New cert Cert Fees 1107137 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total Ii o 7137 PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the - 3 () day of , 2008, between BOH Enterprises, LLC, a Minnesota limited liability company (here�' Par ty ") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (herein "City "). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property "): Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property — Certificate of Title No. 1107137) WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement tract herein described below and to maintain drainage and public utilities to be constructed therein. The permanent easement herein described shall continue forever as a permanent easement over, under and across said tract and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and across the tract of land herein below described. The permanent easement herein granted is situated over, under and across a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a permanent drainage and utility easement over, under and across the East 20.00 feet of lot 11, Block 1, Lamphere's Terra Linda. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2009. By acceptance of this temporary construction easement, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of said Improvement. The temporary construction easement described above is located over a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a temporary construction easement over, under and across Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota. By: By: _ Its: STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. 2 The foregoing permanent and temporary easement was acknowledged before me this day of> 2008, by 9 v and the and —� of BOH Enterprises, LLC on behalf of the limited liability company. .� lilt I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: 30 City Clerk Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 PAAttorne)' SAS \1 Client Files'',2 City of New Hope \99- 11342(terra linda emements)\Ba ement (Permanent & Temporary) BOH -2.doc 3 Doc No 4547064 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 456420 Deputy 26 New cert Cert Fees 1230397 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the day ofP 2008, between TOTAL CARE ASSISTED LIVING SERVICES, LLC, a Minnesota limited liability company (herein "First Party ") and the CITY OF NEW HOPE, a Minnesota municipal corporation (herein "City ") WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property "): Lot 1, except that part thereof embraced in the plat of Rosalyn Court and except the South 190 feet of said part of Lot 1; The South 15 feet of the West 23 feet of Lot 10 and Lot 13, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property — Certificate of Title No. WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement tract herein described below and to maintain drainage and public utilities to be constructed therein. The permanent easement herein described shall continue forever as a permanent easement over, under and across said tract and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and across the tract of land herein below described. The permanent easement herein granted is situated over, under and across a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a permanent drainage and utility easement over, under and across that part of Lot 13 and the South 15 feet of the West 23 feet of Lot 10, Block 1, Lamphere's Terra Linda, together with the North 10 eet of that part of Lot 1, Block 1, lying West of the Plat of Rosalyn Court, all in Hennepin County, Minnesota, described as lying northeasterly of a line beginning at the point of intersection of the east line of said Lot 13 and a line 5.00 feet southwesterly of and parallel with the northeasterly line of Lot 4, Block 1, Rosalyn Court; thence northwesterly, parallel with said northeasterly line of Lot 4, to the northerly line of said Lot 13 and said line there terminating. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2009. By acceptance of this temporary construction easement, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of said Improvement. The temporary construction easement described above is located over a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a temporary construction easement over, under and across Lot 1, except that part thereof embraced in the plat of Rosalyn Court and except the South 190 feet of said part of Lot 1; The South 15 feet of the West 23 feet of Lot 10 and Lot 13, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof. TOTAL CARE ASSISSTED LIVING SERVICES, LLC 2 By: Its STATE OF MINNESOTA }' COUNTY OF HENNEPIN ss. By: Its The foregoing permanent and tempora easement was acknowledged before me this 13 day of C9_(2,' , 2008, by and ,the of Total Care Assisted Living Services, LLC on behalf of the limited liability company. lf�llll ✓I ✓..mil -� Notary Public I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: City Clerk Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P:Wttorney\SAS\l Client Files\2 City of New Hope\99- 11342(tera linda easements)\13asement (Permanent & Temporary) Total Cue.doc Doc No 4547062 11/24/2008 04:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 456420 Deputy 26 New cert Cert Fees 1107137 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total 11 o7 PERMANENT AND TEMPORARY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT (drainage and utilities) THIS INDENTURE, executed on the '56 day of , 2008, between BOH Enterprises, LLC, a Minnesota limited liability company (herein " irst Party ") and the CITY OF NEW HOPE, a Minnesota Municipal corporation (herein "City "). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as (herein "Property "): Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota (Torrens Property — Certificate of Title No. 110713 7) WHEREAS, the City is desirous of obtaining a temporary construction easement and a permanent drainage and utility easement over, under and across said Property, WITNESSETH; That the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, forever, a permanent easement including full and free right and authority to enter upon the easement tract herein described below and to maintain drainage and public utilities to be constructed therein. The permanent easement herein described shall continue forever as a permanent easement over, under and across said tract and the City shall have the right to make such use as is reasonably necessary and advisable in the construction, maintenance and operation of drainage and public utilities over, under and across the tract of land herein below described. The permanent easement herein granted is situated over, under and across a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a permanent drainage and utility easement over, under and across the East 20.00 feet of lot 11, Block 1, Lamphere's Terra Linda. WITNESSETH; Further that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt whereof is hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors and assigns, a temporary construction easement; including full and free right and authority to enter upon the property hereinafter described, for the purpose of construction of drainage and public utilities (herein "Improvement "), it being the intention of the parties hereto that the aforesaid temporary construction easement shall terminate at midnight on December 31, 2009. By acceptance of this temporary construction easement, the City hereby covenants and agrees to restore the surface of the ground and all structures to the same condition as existed thereon prior to the construction of said Improvement. The temporary construction easement described above is located over a tract of land situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: a temporary construction easement over, under and across Lots 11 and 12, Block 1, Lamphere's Terra Linda, according to the recorded plat thereof, Hennepin County, Minnesota. By: By: _ Its: STATE OF MINNESOTA } COUNTY OF HENNEPIN ss. 2 The foregoing permanent and temporary easement was acknowledged before me this ,Y� day of 2008, by and the and of BOH Enterprises, LLC on behalf of the limited liability company. PAMELA R. TATRO NOTARY PUBLIC - MINNESOTA ( C ommission ti ✓IlI_/l!- /1II.i^!_/.! :+/'Y- �Yl!✓lllll�_l N ota ry P • I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated:�� City Clerk Drafted By: JENSEN ANDERSON SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424 -8811 P\Attomey\SAS \l Client riles\2 City of New Hope \99 -1 li42(terra linda easements)\Easement (Permanent & Temporary) BOH -2.doc 3 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law TUCKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLIN`' STEPHEN M. RINGQUIST' STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 December 30, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAX (763) 493 -5193 e -mail law @jaspattorneys.com Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@iaspattorneys.com Re: Twin City Hardware -Storm Sewer Easement -5650 International Parkway Our File No. 99.20810 Dear Val: Please find enclosed for the city records in connection with the referenced property a new Storm Sewer Easement signed by Boomer Brothers, LLC, the owner of the Twin City Hardware property. This is the original recorded document and should be maintained in the cities property records. Contact me if you have any questions or comments regarding the recorded easement. Very truly yours, S Steven A. Sondrall Enclosure(s) cc: Guy Johnson, Public Works Director Curtis Jacobson, Community Development Developer Doc No 4548665 12/03/2008 09:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles . TranslD 457533 Deputy 45 New cert Cert Fees 1083232 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total 103232- TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES o D EC u c if �.1.� DEPU THIS EASEMENT ( "Easement ") is granted this day of A1064 2008, by Boomer Brothers, LLC, a Minnesota limited liability company to the City of New Hope. WITNESSETH: WHEREAS, Boomer Brothers, LLC is the fee owner of a parcel of real estate situated within Hennepin County, Minnesota, legally described as follows: That part of Lot 1, Block 2, SCIENCE INDUSTRY PARK, lying West of the West line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 118, Range 21 as shown in deed Doc: No. 878330 (Certificate of Title No. 1083232) WHEREAS, it is the intent of Boomer Brothers, LLC to grant to the City of New Hope a utility, storm sewer and drainage easement over, under and across the Boomer Brothers Property, for installation and maintenance of utilities, storm sewer and drainage; said easement being legally described as follows: A perpetual 20.00 foot utility, storm sewer and drainage easement over, under and across that part of Lot 1, Block 2, SCIENCE INDUSTRY PARK, lying West of the West line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying 10.00 feet on either side of the following described centerline; Commencing at the southwest corner of said Lot 1; thence North 00 degrees 04 minutes 53 seconds East, along the west line of said Lot 1, a distance of 163.31 feet to the point of beginning of the centerline to be described; thence South 88 degrees 51 minutes 14 seconds East, 132.88 feet; thence South 06 degrees 44 minutes 45 seconds East, 117.73 feet; thence South 89 degrees 54 minutes 58 seconds East, 138.62 feet, to said west line of the Northeast Quarter of the Southwest Quarter and said centerline there terminating. 1 The sidelines of said easement are to be prolonged and shortened to terminate at said west line of Lot 1 and said west line of the Northeast Quarter of the Southwest Quarter. NOW, THEREFORE, in consideration of the premises and the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Boomer Brothers, LLC agrees as follows: 1. Boomer Brothers, LLC hereby conveys and grants to the City of New Hope a utility, storm sewer and drainage easement over the Boomer Brothers Property described as follows: A perpetual 20.00 foot utility, storm sewer and drainage easement over, under and across that part of Lot 1, Block 2, SCIENCE INDUSTRY PARK, lying West of the West line of the Northeast Quarter of the Southwest Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying 10.00 feet on either side of the following described centerline; Commencing at the southwest corner of said Lot 1; thence North 00 degrees 04 minutes 53 seconds East, along the west line of said Lot 1, a distance of 163.31 feet to the point of beginning of the centerline to be described; thence South 88 degrees 51 minutes 14 seconds East, 132.88 feet; thence South 06 degrees 44 minutes 45 seconds East, 117.73 feet; thence South 89 degrees 54 minutes 58 seconds East, 138.62 feet, to said west line of the Northeast Quarter of the Southwest Quarter and said centerline there terminating. The sidelines of said easement are to be prolonged and shortened to terminate at said west line of Lot 1 and said west line of the Northeast Quarter of the Southwest Quarter. IN WITNESS WHEREFORE, the undersigned has executed this Easement as of the date stated above. �► s 6 STATE OF MINNESOTA SS. COUNTY OF ) The foregoing instrument was acknowledged 2008, by Boomer Brothers, LLC & --- � - Notary Public ---------- .... MAITHMIRT THIS INSTRUMENT WAS DRAFTED BY: George A. LeTendre 3900 Northwoods Drive Suite 250 Saint Paul, MN 55112 651-332-8735 before me this lott day of the � of 3 500 /VOOd Wq q:[l 800Z 6 daS :xed .1 ��� COUNCIL Originating Department Public Works By: Guy Johnson Approved for Agenda May 10, 2010 Kirk McDonald, Agenda Section Consent Item No. Resolution accepting the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court and approving the final payment request to Imperial Developers Inc. (improvement project no. 809) Requested Action Staff recommends that Council approve a resolution to accept the storm water infrastructure improvement project 809 for Terra Linda Drive and Rosalyn Court, and authorize final payment to Imperial. Developers Inc. in the amount of $16,214.33. Background A May 8, 2006, rain event impacted properties in the Terra Linda Drive /Rosalyn Court area. At the January 14, 2008, Council meeting, staff shared very preliminary plans and cost estimates for the proposed construction of a concrete swale from Terra Linda Drive to the Rosalyn Court circle. After which, the Council authorized preparation of a feasibility report for the project. At the February 25, 2008, Council meeting, the city engineer from Bonestroo engineering presented the feasibility report to the City Council. Council accepted the feasibility report and authorized development of plans and specifications for the storm water improvement project. Council approved the plans and specifications March 24, 2008, and bids were received from 11 firms on April 30, 2008. Council awarded a contract on May 12, 2008. The concrete Swale helps reduce the possibility of storm water backup on Terra Linda Drive and property damage in the Terra Linda Drive /Rosalyn Court area. Funding Imperial Developers Inc. original bid for the project was $128,775.20. The final amount earned by Imperial Developers Inc. was $125,716.17. Funding was from storm water /EDA funds. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the vroiect, and the final vav reauest. Motion by F(d C'& Second by To: 1: \RFA \PUBW0RKS \2010 \809 Terra Linda Final.doc CITY OF NEW HOPE RESOLUTION NO. 10- 6 9 Resolution accepting the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court and approving the final payment request to Imperial Developers Inc. (improvement project no. 809) WHEREAS, the city has entered into a contract with Imperial Developers Inc. for storm water infrastructure improvements in the area of Terra Linda Drive and Rosalyn Court, and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 809 and approve final payment to Imperial Developers Inc. in the amount of $16,214.33; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to Imperial Developers Inc. 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 storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court from Imperial Developers Inc. 2. That the city manager is hereby directed to authorize the final payment of $16,214.33, to Imperial Developers Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 10th dad of May, 2010. Mayor Attest:. City Clerk 2335 Highway 36 W St. Paul, MN 55113 ME www.honestroo.com April 30, 2010 Mr. Guy Johnson City of New Hope 5500 International Pkwy. New Hope, MN 55428 Re: Terra Linda Storm Water Improvements — Final Payment City Project No. 809 File # 000034 - 07192 -0 Dear Guy: Enclosed find the final pay request for the Terra Linda Storm Water Improvements project. All work has been completed. The contractor, Imperial Developers, has requested final payment for the project in the amount of $16,214.33. This payment is for some of the final paving, striping, and restoration work completed on the project along with the release of the retainage held. The final contract amount is $128,775.20. The total cost of work completed is $125,716.17, or $3,059.03 (2.4 %) under the budget. We recommend approval of final payment to Imperial Developers in the amount of $16,214.33. The required IC -134 forms have been received and all work has been accepted. Sincerely, d *0 Enclosure ar Bonestroo )wner City of New Hope, 4401 Xylon Ave N , New Hope, MN 55428 Date: January 25, 2010 or Period: 7/17/2009 to 1/25/2010 Request No: 4 AND FINAL -ontractor: Imperial Developers, Inc., 1771 Yankee Doodle Rd., Eagan, MN 55121 CONTRACTOR'S REQUEST FOR PAYMENT TERRA LINDA STORM WATER IMPROVEMENTS BONESTROO FILE N0. 000034 - 07192 -0 CITY PROJECT N0, 809 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: BONESTR00 Approved by Contractor: IMPERIAL DEVELOPERS, INC. Specified Contract Completion Date: A ANm FINrAi $ 128,775.20 $ 0.00 000 $ 128,775.20 $ 125,716.17 $ 0.00 $ 125,716.17 $ 0.00 $ 125,716.17 $ 109, 501.84 $ 0.00 $ 16,214.33 Approved by Owner: CITY OF NEW HOPE X �� "-" Date: 3407192REQ4FINAL As 3407192RE04 FINAL. An Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date BASE BID: 1 MOBILIZATION LS 1 6600.00 0.16 1 11 $7,326 00 2 TRAFFIC CONTROL LS 1 3100 00 0.05 1 $3,100.00 3 SILT FENCE, MACHINE SLICED LF 100 3 00 $0.00 4 INLET PROTECTION, SUBGRADE EXPOSED EA 3 75.00 4 $30000 5 INLET PROTECTION, POST BITUMINOUS BASE EA 9 325.00 5 $1,625.00 6 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 36 2.00 $0.00 7 REMOVE BITUMINOUS PAVEMENT SY 3030 1 35 3030 $4,090.50 8 REMOVE CONCRETE SIDEWALK SF 212 0.70 212 $148.40 9 REMOVE CONCRETE PARKING STOPS LF 40 2 00 40 $80.00 10 MODIFY EXISTING RETAINING WALL LS 1 150000 1 $1,500.00 11 RELOCATE TRASH ENCLOSURE EA 1 165000 1.69 $2,788.50 12 SAWING BITUMINOUS PAVEMENT LF 130 3.80 120 $456.00 13 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 100.00 1 3 $300.00 14 WATER MG 10 5.00 $0.00 15 CLEARING TREE 2 428.00 1 $428.00 16 GRUBBING TREE 2 292.00 2 $584.00 17 PREMIUM TOPSOIL BORROW (LV) CY 45 18.00 12 18 $324.00 18 COMMON EXCAVATION CY 1395 10.75 1200 $12,900.00 19 12" RCP STORM SEWER, CLASS III LF 141 23.00 171 $3,933.00 20 4' DIAMTER STORM CBMH EA 1 1265.00 1 $1,265.00 21 CONSTRUCT 7' DIAMETER STORM CBMH OVER EXISTING PIPE EA 1 2580.00 1 $2,580.00 22 CONSTRUCT 4' DIAMETER STORM CBMH OVER EXISTING PIPE EA 1 157900 1.36 $2,147.44 23 4" PERFORATED PVC PIPE LF 250 7.00 240 $1,680.00 24 AGGREGATE BASE, CLASS 5 TN 1130 15.16 138 1068 $16,190.88 25 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 225 55.65 253 $14,079.45 26 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 225 61 00 88 245 $14,945.00 27 TYPE LV4 WEARING COURSE MIXTURE (B), FOR DRIVEWAYS TN 10 10930 $0.00 28 BITUMINOUS MATERIAL FOR TACK COAT GAL 125 3.00 45 280 $840.00 29 6" REINFORCED CONCRETE PAVEMENT IRREGULAR WIDTH SY 642 40.00 -7 635 $25,400.00 30 4" SOLID LINE, WHITE PAINT LF 1435 0 50 1435 1435 $717.50 31 PAVEMENT MESSAGE, HANDICAPPED SYMBOL - PAINT EA 1 41.00 1 1 $41.00 32 CONCRETE EDGE CURB LF 136 21.00 136 $2,856.00 33 4" CONCRETE SIDEWALK SF 210 4.75 200 $950.00 34 PEDESTRIAN CURB RAMP WITH TRUNCATED DOME EA 1 660.00 1 $660.00 35 PRECAST CONCRETE BLOCK RETAINING WALL SF 48 35.00 18 $630.00 36 SODDING, LAWN TYPE SY 400 3 50 243 243 $850.50 TOTAL BASE BID: $125,716.17 TOTAL BASE BID: $125,716.17 TOTAL WORK COMPLETED TO DATE $125,716.17 3407192RE04 FINAL. An PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 809 BONESTR00 FILE N0, 000034 - 07192 -0 CONTRACTOR IMPERIAL DEVELOPERS, INC. CHANGE ORDERS No. Date Description Amount Total Change Orders PAYMENT SUMMARY No_ From To Pavment Retainaae Completed 1 10/01/2008 11/14/08 52,059.09 2,739.95 54,799.04 2 11/15/2008 12/05/08 40,450.81 4,868.94 97,378.84 3 12/06/2008 07/16/09 16,991.94 5,763.25 115,265.09 4 AND FINAL 1 07/17/2009 1 01125110 16,214.33 125,716.17 Material on Hand Total Payment to Date $125,716.17 Original Contract $128,775.20 Retainage Pay No. 4 AND FINAL Change Orders Total Amount Earned $125,716.17 Revised Contract $128,775.20 3407192RE04FINAL AS L zqz > v I - - o -J� n z I X I > TERRA LINDA DRIVE' c I Ao Dti Go o -5; > f---- ym 0 c Z -0 0 rn EX GARAGE O A m Z�l Zm C) v --I r - - - - L L -J L i L > > z NF � s, F - _- - II I I N. Tx. F F L- - - -- I - 'V L V! �� , - -a- 81 5 L- —j v L .. .... ... ... . OL clvod AiNnoo (IV06 3XV1 3N(01(]3h NEW HOPE, MINNESOTA St Paul OffiCe 335 W11t High —V36 TERRA LINDA STORM WATER IMPROVEMENTS Bonestroo SL P-1, MN 55113 0 k SITE PLAN Ph.- 651-636-9611 lV CITY PROJECT No. 809 F 611-636-1313 ��—IESTRI zqz > v I F - _- - II I I N. Tx. F F L- - - -- I - 'V L V! �� , - -a- 81 5 L- —j v L .. .... ... ... . OL clvod AiNnoo (IV06 3XV1 3N(01(]3h NEW HOPE, MINNESOTA St Paul OffiCe 335 W11t High —V36 TERRA LINDA STORM WATER IMPROVEMENTS Bonestroo SL P-1, MN 55113 0 k SITE PLAN Ph.- 651-636-9611 lV CITY PROJECT No. 809 F 611-636-1313 ��—IESTRI Page 1 of l N I'\� ()1.4- RFVI:.%tUF Contractor's Withholding Affidavit Confirmation IMPERIAL DEVELOPERS INC ID 50178257 Please keep this information for your records SLjbtnit a copy of this page to the project owner to receive your final payment Confirmation number 311996 Thu Apr 15 07:53,25 CDT 2010 Project owner CITY OF NEW HOPE Project number 809 Project begin date October 2008 Project end date April 2009 Project location TERRA LINDA STORM IMPROVEMENTS Subcontractors PENHALL COMPANY 3720013 300251 DM,1 CORPORATION 3142780 300434 CR FISCHER AND SONS, INC 1605604 307697 TREE TOP CLEARING, INC. 5182073 310070 SAFETY SIGNS, LLC 5139558 310409 MBE, INC. 4945331 311963 https: / /�vww.mndor.state.nin. us /wc /action /confij 4/15/2010 Page lm[l >`i|NIN[�O'|7\^ KFVFNiJF Contractor's Withholding Affidavit Confirmation IMPERIAL DEVELOPER INC ID 9952590 Please keep this inhonnaimn for your records. . a copy of this page to the project owner to receive your final payment Confirmation number 311090 ThuApr1507.57:08COT2010 Project owner CITY ()FNENJHOPE Project number 808 Project begin date May 2009 Project end date November 2009 Project location TERRA LINDA STORM IMPROVEMENTS Subcontractors PENHALLC0yWPANY 3720013 300251 DMJCORPORAT0N 3142780 300434 CRF|SCHER AND SONS, INC. 1605604 307697 TREE TOP CLEARING 5182073 310070 SAFETY SIGNS, LLC 5139558 210409 MBE, INC. 4845331 311563 bt{ps://wvvwmndocsta1c.nuo.uo/wc/mcdozi/coofiroza1ouPriili 4/15/2010 '."G. 2010 er(V 63' ,4 j rn 0 rT.."ary �0. 2474 r. 2 Page I of I .\tINNFSC1'VA• REV FNtJF. Contractor's Withholding Affidavit Can fInrration :'I NH ALL COMPANY ID 3720013 PHOSPECT DRILLING AND SAWING lcat5e keep this information for your records. ;W)f a copy of this page to the business that hired you to receive your final payment confirmation number 300251 Mon Jan 18 13:06'09 CST 2010 Project owner HENNEPIN COUNTY Project number 809 Project begin date October 2008 1'I'ojcect end date October 2408 IIt location TERRA LINDA STROM WATER IMPROVEMENTS ::ubcontractors No subcontractors listed, ps://www.mndor. state. mn .us /we /action/confirmationPrint 1/18/2010 01/19/2010 TUE 13:31 FAX 763 478 2329 DMJ CORP /RD & Co. 001 Page I of 1, "0, 1 `, N N( ) I'A - P. P, I -, I ` 1, Contracto,r's Withhoiding Affidavit Confirmation I ILI �.li t C - r 2 t r�?. e Ct ; U lot's' -and d3t"-� P. lccafilci'l TIER.- ad:.'. 1jPqP: NO J."n '-s,- i's Q 10 littps://ww 1/19/2010 1 1 of 1 , 1 AlNNF.S0 TA- 1'F'`~ FNIJF Contractor's Withholding Affidavit Confirmation C R FISCHER & SONS INC ID 1605604 Please keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payment Confirmation number 307697 Thu Mar 04 11:38:27 CST 2010 Project owner CITY OF NEW HOPE Project number 809 Project begin date November 2008 Project end date June 2009 Project location TERRA LINDA STORM WATER IMP, NEW MOPE Subcontractors No subcontractors listed. https: / /www.mndor. state, mn .us /wc /action/confirmationPrint 3/4/2010 03/24/2010 15:24 76397213075 TREE TOP CLEARING PAGE 01/01 ?age I of I Contractor's Withholding Affidavit Confirmation TREE TOP CLEARING INC IfD 5182073 [- keep this information for your records. Submit a copy of this page to the business that hired you to receive your final payr Confirmation nUML)ef Project Owner Project number Project begin (late Project end date project location Subcontractors 310070 Wed Mar 24 15 CDT 2010 CITY OF NEW HOPE $09 September 2009 Septernber 2009 TERRA LINDA STORM NO subcontractors listed. r � litips://wivw,mndor,state,=.u.s/wc/action/confirmationPrint 3/24/2010 403/29/2010 09::3 9524996689 SAFETY SIGNS PAGE 01/01 Page 1 of 1 M(NNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation SAFETY SIGNS LLC ID $1395568 SAFETY SIGNS Please keep this information for your records, Submit a copy of this page to the business that hired you to receive your final payment Confirmation number 310409 Mon Mar 29 09:33:36 CDT 2010 Project owner CITY OF NEW HOPE Project number na Project begin date October 2009 Project end date November 2009 Project location TERRA LINDA STORM WATER IMPROVEMENTS Subcontractors No subcontractors fisted. httDs: / /wivw,nindor. state. Inn. us /we /action/bonflrmationprint I/I)4 / n Page I of I Page NIINNLSOTA- REVENUE Contractor's Withholding Affidavit Confirmation E 1 N C 4 QIL-rriit a ropv of e . <.- Confirmafio,n "Imiect owner Proiect boglin Ott Proloot end da project location L- V --MEN" VF (NU https://www.mndoi 04/14/10 COUNCIL V� Request for Action Originating Department Approved for Agenda Agenda Section Development and Public Works May 12, 2008 Plannin Item No. By: Guy Johnson By: Kirk McDonald, City Manager 8 . 3 Resolution awarding the contract to Imperial Developers, Inc. for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court for $128,775.20 (improvement project No. 809) Requested Action Staff requests approval of a resolution awarding the contract for construction of public improvement No. 809 to the low and responsible bidder, Imperial Developers Inc., in the amount of $128,775.20. The engineer's estimate for the bid was $186,900. Policy /Past Practice The City Council routinely considers public infrastructure improvement projects to extend the useful life of the infrastructure and /or improve the level of service. Background The May 8, 2006, rain event impacted properties in the Terra Linda Drive /Rosalyn Court area. Staff met with representatives from the cities of Golden Valley and Crystal, and with the Bassett Creek Watershed Management Commission's Technical Advisory Committee (TAC) in July 2007 to discuss the possible involvement of the commission. At the January 14, 2008, Council meeting, staff shared very preliminary plans and cost estimates for the proposed construction of a concrete swale from Terra Linda Drive to the Rosalyn Court circle. After which, the Council authorized the preparation of a feasibility report for the project. At the February 25, 2008, Council meeting, the city engineer from Bonestroo engineering presented the feasibility report to the City Council. Council accepted the feasibility report and authorized the development of plans and specifications for the storm water improvement project. Council approved the plans and specifications March 24, 2008, and authorized advertising for bids. Motion by � "�- �: Second by Y; To:G� a `f I: \RFA \PUBWORKS \2008 \809 Terra Linda Award Contract.doc Request for Action May 12, 2008 Page 2 The proposed swale would help reduce the possibility of storm water backup on Terra Linda Drive and property damage in the Terra Linda Drive /Rosalyn Court area. Staff has met with the three property owners adjacent to the proposed swale and shared the proposed plan for the swale. To date, the property owners continue to be favorable to the project. The city attorney and city engineer are currently completing the legal descriptions of the easements necessary to construct the new concrete storm water swale from Terra Linda Drive to Rosalyn Court Circle. Once the easement descriptions are completed, staff will meet individually with the three owners to finalize the signing of the easements. Staff has also met with the property owner of Rosalyn Court regarding a monetary contribution on his part towards the project. The proposed project schedule is: • Review bids and award contract on May 12, 2008 • Start construction in August 2008 Funding Bids were received from 11 firms on April 30, 2008, with the low bidder being Imperial Developers Inc., at $128,775.20. Funding for infrastructure projects would come from storm water /EDA funds and cost participation by the Rosalyn Court property owner. Attachments The engineer's memorandum, copies of the bid tabulations, and the resolution awarding the contract are attached. I: \RFA \PUBWORKS \2008 \809 Terra Linda Award Contract.doc City of New Hope Resolution No. 08 -84 Resolution awarding the contract to Imperial Developers, Inc. for the storm water infrastructure improvement project for Terra Linda Drive and Rosalyn Court for $128,775.20 (improvement project No. 809) WHEREAS, this Council approved plans and specifications and ordered bids for construction of a storm water infrastructure improvement project in the area of Terra Linda Drive; and, WHEREAS, this Council does hereby determine to proceed with construction of a concrete swale to improve the channeling of storm water; and, WHEREAS, the advertisement for bids for construction of the storm water infrastructure improvement project was published in the New Hope - Golden Valley Sun Post, the official newspaper of the city, on April 3, 2008, and in the Construction Bulletin on March 31 and April 3, 2008; and, WHEREAS, the bids for construction of a storm water infrastructure improvement project in the area of Terra Linda Drive were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 1:30 p.m. on April 30, 2008; and, WHEREAS, the bid of Imperial Developers Inc. in the amount of $128,775.20 for construction of a storm water infrastructure improvement project in the area of Terra Linda Drive is the lowest responsible bid submitted; and, WHEREAS, the city engineer, Bonestroo, has recommended that Council award the contract to Imperial Developers Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of New Hope, Hennepin County, Minnesota: 1. That the contract for construction of the street and park infrastructure improvement project is awarded to Imperial Developers Inc.; and, 2. That the mayor and city manager are authorized and directed to sign the same. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 12th day of May 2008. P- 1Vla or Attest City Clerk 2335 Highvay 36 W St. Paul, MN 55113 Tel 651- 636 -4600 Fax 651 - 636 -1311 vvvivv. bon estroo.com May 5, 2008 Honorable Mayor and City Council City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: Terra Linda Storm Water Improvements Project City Project No. 809 Project No, 000034 - 07192 -0 Bid Results Dear Honorable Mayor and City Council: Bids were opened for the Project stated above on Wednesday, April 30, 2008. 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 were a total of 11 Bids. The following summarizes the results of the Bids received: The low Bidder on the Project was Imperial Developer, Inc. with a Total Base Bid Amount of $128,775.20. 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 Imperial Developers, Inc. should be awarded the Project on the Total Base Bid Amount of $128,775,20. St. Paul St. Cloud Rochester Milwaukee Chicago Contractor Total Base Bid Low Imperial Developers, Inc. $128,775,20 #2 K. A. Witt Construction, Inc. $131,265.00 #3 New Look Contracting, Inc. $135,949.85 #4 DMJ Corporation $139,956.25 #5 Peterson Companies, Inc. $140,767.98 #6 Nadeau Excavating, Inc. $141,900.50 #7 DS Excavating, Inc, $144,815,00 #8 G. F. Jedlicki, Inc. $150,394,25 #9 Hardrives, Inc. $158,264,65 #10 W. B. Miller, Inc. $165,178.10 #11 Bituminous Roadways, Inc. $165,763.80 The low Bidder on the Project was Imperial Developer, Inc. with a Total Base Bid Amount of $128,775.20. 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 Imperial Developers, Inc. should be awarded the Project on the Total Base Bid Amount of $128,775,20. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Terra Linda Storm Water Improvements Should you have any questions, please feel free to contact me at 651 -604 -4938. Sincerely, �;� r 24 Jason P. Quisberg, P.E. Page 2 April 30, 2008 Enclosure I, co-3xo0 <a j 6111 'IN 1:G10111 1�1:1 ­ NY16 311S d g O W;3AO'ddWl'da WdOIS VGNrl V qE A-41!. —m S'E' SlNg EZ V10S9NNlW '9d0H Mg N 'Two ined'IS 0 - - - - -- - _— — — — — - - - - - =-- - — — — — — — — — — — — — — — — — — — — — — — -- */ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — < < < < MEDICINE LAKE ROAD COUNTY ROAD 70 2 If - — —_.__---- . - - - - - - - - - - - - - - - 0 0 -" I 1 , � �_ - -_ f I f n i i - - - --� 0 IL A z ' A A A 7i I A I A n L - - - - - - - - I '•' < z « a� o�� I I � � � I z 0 L - A' A Z, L L - — — — — -- i r - - - - - . L — — — — L- -j *k I L J r T t I > L _ — \ l k 3AIN(I VON VaN][i G L F ow C) 0 Z O. m 0 Qf O 6 Z z W CL O 0 Z ro E 2 tA m "D r E m n. ch CI 00 z M O 72 m lis co C) CD C) CD (D C:> C) O O CD (D CD C) C, CD (D 0 0 O C> c) C) (D CD C? O CD =, C, CD CD w C) 0) C) CD (D C) O C> CD 0 CD - C�> C5 C) C, C> C , C:, CD CD 0 'D to CD C:) a) O c, O c> C> M CD 'D - C, Vl kc� In m ko a� C - N CO oc� M - m of C) 02 � oc � C, 04 0 C) cD C) cD cD c) w (D cD O (=> cD cD 0 c) c) c, cD cD c, cD (D C, O c3 c) C) C. C C O cD cD cD ID O c) c, c) In b cD c:> cD cD 6 cD C m c> cD m N cD lri c> 6 m al cD cD cD cD m n 6 CD CD In - - - - CD O CD - C) In - to O o co � ll � cl i to W CL O 0 Z ro E 2 tA m "D r E m n. ch CI 00 z M O 72 m lis co C) CD C) CD (D C:> C) O O CD (D CD C) C, CD (D 0 0 O C> c) C) (D CD CD O C, CI ID CD O C, O O CD CD CD 0 C) c, c) i.n (D O c, O O O O CD =, C, CD CD w C) 0) C) CD (D C) O C> CD 0 CD - C�> C5 C) C , C:, CD CD 0 'D to CD C:) a) O c, O c> C> M CD 'D - C, Vl kc� In m ko a� C - N CO oc� M - m of C) 02 � oc � V 0 C) cD C) cD cD c) w (D cD O (=> cD cD 0 c) c) c, cD cD c, cD (D C, O c3 c) C) C. C C O cD cD cD ID O c) c, c) In b cD c:> cD cD cD C m c> cD m N cD lri c> 6 m al cD cD cD cD m n 6 CD CD In - - - - CD O CD - C) In - to O o co � ll � cl i to O cD O CD cl c) O O CD 0 O (D O c) C) cD cD CD cD O 0 (D C, cD <D cD cD C) c> c) O C, ID Cl C> U') 0 C, cD p C) 0 O c cD -zl' 0 CD ID N O CD CD O N O O p O '; c�' 6 cD m to m G2 z - c � m :� ::� oo cl � CC I lc � oc! OcL ---7 — C6 — — — —m O CD O Cl cD C, cD cD cD cD (=> l.n cD C) cD 0 o C 0 6 cD O C, C, C:, C= ! Cl C) O C) N 0 0 o 0-- 1 = 1 - C D Ln - V O O- lo cD cD N cl ui c) cD w w c> z) 0 O co O u1 - - - - - - - - cD tR M M C, cD Z� - ill as l0 W oz sH p C C c) C) C) CD c) (D cD (D c) CD cD CD (D cD (D O c> (D O C2) o CD C, O cD C, S C, q cD cD cD C, O O O In cD C cD C) (D (D to cD C) c) O c) CD 6(D In O lo c) C) O C lc o cD cD �o cD m cD 0 m c, c) c> cD to cD cD O O cD O 12) O CD O O cD o cD c> cD cD o c) O c) O 'D cD cD O In Cl 1=1 O c:> C, C, c:l cD 9 q cD ID q O C, - - C) V .0 o c, 6 c) N c, cD m m c, c) m cD cD cD cD m w O 6 6 6 co vi C lo O CD cD (D C C) O c> O cL Cl lo V ry� C) o cD c� C) cD CD cD o c3 cD C) (D cD cD O cD p O c> C) cD C) 0 o q 0 cD CD " C P CD q q Cl CD CD N C> <D CD p Cl 6 eq O c c) In In - 6 co cS cD c> r b (D 'D 4 cD lo - In cD oi CD 0 O o cD - - - a, V w O In m c) w m T to co - i.n cr i c � Lr l c � w -' �2 a � L -i V1 "i r- , c> 6 C) c) (D CD In cD C) a) C) C) C> C) C) c> c. C) O O C, lD O C, o C, O CD O c W O c c) 0 C5 c) V (u p c a, CS CD O m In u1 N O N c) c, m c> to w - w O - to 6 cri n In O - - - M--- CD tIt bA CD rFl N a, ID w O m m lD c) � 0 .- (D CD 'T CP m < < < < < — — — — — — — > > < o m 0 0 0 0 0 < cl < K j�� :D < u < > d F- < he z - - 0 0 < m < o o < z M F- d 0 0 — < < 0 o O �:;- E :a u n LD z) t- 0 0 < CD V 0 :z 0 :D M < :z k.9 o 2 kD < LW > > n 0 (D 0 0 u Z m 0 21 C, < 0 0 T< - z) ct t CZ t� Q9 < aj ::: C 0 •7 6 Z 0 M ca 0 ro 0 0 O O w O Q, 0 cu Z 9= CL 2.. 1 =I- Z 0 E m cm co 0 00 co M) O cli Q) O "It Cl) C) 0 C) r� aT CD Qc� ll:� a, < �,7 o ti C) V CD CD 00 rn 00 C) 00 m Z CL — , 0 a - ob 0 o c C 0 0 V w 10 �2 o m C) C, ttf CD C) 00 6 6 Q j CO CD ,, ro O� CO Ci &) r to O in CZ) C) I -j CD Ln 00 In 'D F-j C:� 0 2 C:) C) V 'D 1E 00 m a) C� - 00 c, Ob Ob 7S o Z cr, > ;z m CD 'D O O ry W <D C) ro C 0- 0 C) C) O Lr� 0 > E E = a , 0 m a, co z Z 0 E m cm co 0 00 co M) O cli Q) O "It Cl) C) 0 < 0 V Z 0 E m cm co 0 00 co M) O cli Q) O "It Cl) C) 0 u c m -_ O Y Z d a aW M tD H n m C 0 9 z Qf V a W a N m 0 C O1 C W V Z W a - 0 a N iB Z V C _d . R Q O Z V C Q� 1 a O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 Cl O CQ to O 0 0 O Cl q O O O O O O O O O O O O O O O O O O O O O O O O d O Cl N O O O O O O O C2, 0 0 0 0 0 0 0 C7 0 0 0 0 0 0 0 0 CO O O O CJ O vi C7 O to to r ifi iD M �1i 0 0 0 0 0 m m to N O O 0 0 0 Q' to O M O O O O h u'1 r- O to Q N tD 0 O O O Q tD O Q - N O W O Vl to m Ol Q O Q u"f W m (Q b�9 - M to - - ^ b4 M � b4 � bh O to bH V3 bA va 4A W b9 N b4 k+4 b/i b9 .- kH M lA bA b9 H b4 kR t/j bh b4 O O O O O O O O O O O O O O d O O O O O O O O O O O O in Cl O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O CJ C6 0 O O O O O V N O Q O - m 0 V O O N O O v1 - ui M O O an Q g d 0 0 0 0 0 p O Q N ii1 N h M m N ui rcj vi Vi 0 0 da D O M b9 b9 b9 0 0 O N M N M O O W O b9 b4 l!i b4 bq to b9 M W' bH b9 b9 by N Q N " by bA O O O O O O p O 0 0 p O O p 0 0 0 ui 0 0 0 b O O O O O b 0 �n O p q p O n O p O 0 O O O O O O 0 0 h O O Cn O 0 0 0 0 0 0 0 Oi 0 0 0 0 0 0 0 0 0 tD W Q �' vi O rn O u1 O Vi �-V CO p N raj p O m O O m M to W 0 0 to ��'+ O O O tD �.n Q ¢{ O W O- �n N O h M m h M D1 O 0 M M O N N O Vl L!1 N W 01 r- O N h. Q Q .- m Q M ya , m 75 M^ bFl bR bA !V M Na va N bq - W 64 Q M N Q N� .- O W C' O M M M W bR bA b9 Vi to kA N b9 N kA F .,v sa va w w CD 0 Cl 0 0 0 0 v1 O b 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 V1 O O in O 0 0 0 0 0 tf1 O h 0 0 0 0 0 0 0 0 0 to 0 0 0 O w . - p q 0 co O N O O N O V O O - O N - N O O N tr1 0 0 0 W O W Q Q to tD W rnj UP p m C7 0 N Q O 'V O u'1 vi O ill bq b4 W w O O w N 0 u1 V1 N .- N Q O W W . - W M Ql tsT Q w h p CL h N .- N M O �-- *- N N bH M M r O � n b9 bA � bH N kA b4 b4 W � , N b9 bq O O O O O O O O p - - p O O O O O O O O O O d O O O g O O O O O d cc:: O O 0 0 0 0 0 0 .r1 O O O O g O O O O O O O O O O O O O O O O O O O O O O O O O O Q N N O 0 0 0 0 0 0 0 0 if1 to q 0 O O O O O O to tr1 O d d 0 W 0 0 0 0 co u'1 h O O O r.n W i.n 0 0 o p t0 h "T 'T O q Q N M tl1 N M N M h W h N t!l l0 to c ilt O W Ol Q h M .- eft u1 tD bq q W Q N N bA bH Vi c -2 - - to - N - .-- M� N M lD � M .- �oA Ic � W W bA O bR W b4 b9 bA B M W M tR .- N Cl O O O O Cl i.n O O O O O O d O O d O O O O O O O d O Cl O O O O O O O 0 0 0 0 0 0 h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O to O O O O o lfl O O O O V O O M O O Q N W 0 0 to O Q O O Q 01 V O O O - cj ct cD p V rn C, � q O O w w bq bq t!l O b9 N �f1 O O N b9 M O O O �fl to co w M m w w W m Q w v. i/ Dl 1 55 O 65 O q O 0 6566 0 66 W fh d 0 O V O V �2 O N C ti 0 O O O O O Lfl h. u' 0 o tli V1 V Vt fV C7 0 6666 0 0 L(1 M V O O O CD 0 tD 00 m m d p p0 O O m O - O O f� Q 1�. O O to i.(1 tD h M N W co C(1 O M N L(1 r N Q '- lf'1 N N LP l!'t M t(1 h. � lD lD l0 •- h tP N N l.('1 tD D1 � M � M �- tP lD IJl C"? b4 b9 b4 W to W to 1 b9 4aR � bA m 0 0 0 0 0 0 0 0 O O O p O 0 0 0 M 0 0 0 O O O Q u to ✓1 O to O M O O O O M O O O "I O h 0 0 0 0 0 g 0 0 O h O V O q O m 01 M O W N O O W O V O O -- Q N . - to O O M O - 0 0 tD O O O Dt N LD N M Q O O t� tf1 O - - i^ h t-ss w w - O O va �n t� u'f O w m O O d O dq �N V1 bq 111 M b0 Vi !� ID N b9 b9 b9 M b9 v1 C b9 V# bq W tfi M 0 M 01 M O N O - - O O O N N �..�.. O O N N O v'1 N tll tp p Q to Q N m z O h m 0 m G a h CTl O N p 0 0 0 0 O cc Q 'G r m m cc w O O cc O cc m O cc m W vri U o 2! Z O _ p Z w Q Z F- Z m _ X X v a O w d �_ w Q l7 l7 _>^, �-' O O p w a n>4. v H _ J m > a Y z N Q 0 a o g cc w N d v ° a 4 Q H Q p w m w w O Q = m d O Z 0 OZ s al, v u > Z U b m O= = �¢ P p� v v Z v Q c2 >^ < < a d o Z o Q E 0 = Q V' d p Z Z _ O O a V �- j'ti w iY w m z d w V w Z O w V 0 D U O O z Oz m w `" l7 z rL Z t- O N O Q Q 0 O Z W Q J V w w W— w ` V Z w w V= a m= rL U S` Z V ID Q Q Z m w z w m Z w w 0 0 0 0 V) o a J ° o m Q N n w w o z z a a d a?� = w °v o _° > m to Z z K CC m 2 m V t7, > U l,7 d O Q O W V W Q Q t- F- H m lD Q D_ VO Q d - N M - - - h W - W C T �-- N N N lI1 LD h N N N N N W M N N O M M M M M G a h CTl O N p 0 0 0 0 O C Z .0 Fo 0 I dl 6 Z X a 6 Z 0 v 0 - 0 iB M z m rL E 6 Z C O z 0 M W fb r 00 C> O o � C::, CD p4 C, Oo O W,W ul o C) C) (D E rn rn 72 CD c S? 72 C) c� C O lo (D C, CD < E U z O c) C:) C) cD Lm , ti 6 6 co cD a ip in O O op op ob E lD o m z co O cD cn Cwl cD (D c: O cD a m V lo 9 E Vi l0 E oo m a, j: sr u 'o ol -E oo u iD iD 4 L is Z ............ r 00 C> W,W E t5 0 u O C) d d L — n P nc o 0 E PI M M cc O C\j O Cf) (D 0 O O 3 o OC Z � d cC G M 9 = W m 2 z' d y m m S C� J O � Z �+ d > m Z O m m v V V V V V V O 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O Q O O O Q O O O O O O O O O O O O O O O O O O O O O O O O CD 0 0 0 l0 - V 0 0 0 6 0 0 0 0 0 0 6 0 6 O O O O O O O C) 0 0 0 0 0 O O Q O O �D r ui w O O CJ vi C5 6 O O O Dl N ^ h N 0 0 Cl to O vt O O N . - V O O m f`� l0 m Ol N L(l V - IT O t� ID N V1 lD Dl M O O(D m M U1 bRl b9 W r b9 W ^ M 4.9 .- _ V�1 N u1 Vl .- 1p M N O M Ql D1 M1 Mwa O M M b9 N W N b9 b4 O b9 N f� Cr b9 bA b�9' to b9 Ni M bq 6A kq bA N tla to tH b9 N .- M ENH V d . R 4 O. .0 F�- O O O O Q O O O O O O O O O O O O O O O O Cl O O O O O O O O O O p 0 0 0 0 0 0 vi O O O O O O O O O o O O Q O O 0 0 0 0 0 0 0 N O 0 0 lD i/1 O lD N N O O O In O vl O o lD 0 0 0 0 O N CO N N Vt N W C7 Ali 1p /rj p 0 0 era h W c.v w r- O O va In O �n cr O d — � W b9 Ol M M b9 bA M bq b9 bA b4 to b9 M yi b9 W Ni W O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 d' 0 0 0 0 0 0 0 0 0 0— O O O O Cl Go 0 0 O O Q O Q O O V 0 0 0 0 0 0 0 0 cD 0 0 0 v1 O O In In O O N M1 p 01 p p O O O �n O lD u1 O O O m O O Q O N m h m O — O O 'cY cD Ol cD p r - m M Q O m m 1� h. O m Lf1 Ol M1 M1 M Ul 1� M1 bq Dl lD U} N bA N W b9 M b9 bH b9 b9 _2 — O V ^ 'd' lD f_- ^ M b9 to — N— — W — — — Mb� b9 � tfi lA b9 O O O O O O O O O O O O O O O O O O O O p O O O O O O O O O O O an O O p O O O O O N C-1 0 0 0 0 0 0 0 0 0- O O Cl 0 0 0 0 0 q O d rte. O O O O m 0 0 'O' N tti Gi O m — 0 0 0 0 Vi Ci O p ui �p r,/'i Q1 CT C7 Cj p �: rvj 0 O O w In O va ea mq w O O tsa m O O N w— M h h M .,q N iq vl O O 00 W b9 b4 kH .- yq yq cD ^ W bH W N b�4 bH b4 t� � � b"r 69 M b9 v v v .... v 0 0 0 0 0 0 0 O 0 0 0 O O - -- �n O O O O O p In V c Q O 0 0 0 0 0 0 In 0 0 0 0 O 0 0 0 Y 0 N � Md q � 00 00 ui iri ✓i O n . tD O O O Ln O lti h O t� vi W t� m m W .- m O V1 V1 t!t l(1 N L(1 V f� N m 00 Ln N M1 In N M V OJ m V O V Ol lfl O O M f� N^ m N N lD Cf M M N lD L(l W cl V O M M (T I'+ tD O N CO In r- bA b4 b9 Ni M bi bi M W WA LO cl I � Lo CD O O l!1 0 0 Co ut 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 Cl 0 0 0 O m O — 0 0 O Q— O 0 o ry V 0 0 0 O i.fl 0 0 lr't 0 0 0 0 O �.n O O In O N M O O M O M tft In tlt N vl O O N to N i.n O m to . . . Cl � . d h — to — — — — — — — — m N N — .- - m CO L!l N N .- lD lo O N W L�/1 � Q d O O N NvFl lD CY ^ va M N bA b9 eA O M V kA b9 b9 vi .- b9 L(1 b9 tH yj b9 N lD �N b4 b4 = W tFA V m m tD O ID ^ 0 0 0 ^ o N . M tD 0 .- � N N N lD V N or J J > >- vi d LL O l7 w w d d > >- w w d d w Z Z z Z E a X F- CD O N _rn 0 O Cl) 0 0 0 O w Z z m m m ct _ O l7 O p d w p m O O r O m m cc m p Cn => O m M F- X w w 7- U C:) O a O Z p Z m x > Q Q �< = m> w d Z z�� U Z J U F m d p p w O Q Q a_ vi m ¢ Z :E H n_ v� Z = O O W Z Q= z w z vi D_ �n vi v� a f-- U vi r- 1 w - o O w m w a. Q U O Q U a w an d w= Z Z 0 0 w m w 0 m Q Q Q > U w U W O O O U 0 0 Z Z w l7 S Z z d w Z O H = d U w m O Z w w= O Z Z N Z w U m O Q U l� N ,- w O Q p w am °m 0 0 0 0 U z w w m w m 0 - y S Q~ Z m ;2: w > >> w of z V1 d F-' J w p O w~ w p Q m '-'-' w O d m w_ 6 Z v Z v a. 1�`J w w} t ON Z U O w Z U p =' Z Z w d m H Vt K cS CG ✓i to U l7 m O ry O O 0_ V V' U W lJ w GF Q 4 H F m lD V 2 d O U V a ^ N M l(t 10 M1 00 M Q^ N M <1' L!1 lD 00 m O .- N M C}' iIl lD co Ol O '- N M T E a X F- CD O N _rn 0 O Cl) 0 0 0 O g z z 0 Zr co < 2 co \�§ u co z w 0 co Z < cr 00 E 0.1 co r*l �o CD tz 0 E (u 1 . o \ § / @ § F — 0 kD 00 00 0- ob E ;5 0 cc 0 QD CD C� 0 < Z LJ 0 Cl t 00 � '? -. * \ � ^ 0 CL - 0 \ zt-_ oo CD C� G � �2 g z z 0 Zr co < 2 co \�§ u co z w 0 co Z < cr 00 E 0.1 co 10 CD Lr; 0 E (u w o \ § / @ § F — 00 tv 00 00 0- ob E ;5 \ \ \ CD CD CD CD \§ z rr \\ / _ ' _\ E 0 00 cl CD C� LM cy C? cc� F4 06 g z z 0 Zr co < 2 co \�§ u co z w 0 co Z < cr 00 E 0.1 0 E (u C) C) CO o \ § / @ § 00 tv 00 00 0- ob E ;5 \ \ \ rr \\ C2 00 cl cy . cn c, U g z z 0 Zr co < 2 co \�§ u co z w 0 co Z < cr 00 E 0.1 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com ZZIMIN Mr. Jay Hembroff Imperial Developers, Inc. 1771 Yankee Doodle Road Eagan, MN 55121 Re: City of New Hope, Minnesota Terra Linda Storm Water Improvements Project City Project No. 809 Project No. 000034- 07192 -0 Contract Documents Dear Mr. Hembroff: Enclosed are four Contract Documents between you and the City of New Hope covering the above- referenced Project. Please complete Specification Document 00520 Agreement Form, Document 00610 Performance Bond, and Document 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding company has completed the Contract Documents, forward them to the attorney listed below who will review them for the City of New Hope: Steven Sondrall Jensen & Sondrall PA 8525 Edinbrook Xing #201 Brooklyn Park, MN 55443 -1968 After the necessary officials have signed the Contracts, they will be distributed as follows: 2 copies Imperial Developers, Inc. (1 - your file, 1 - your bond company) 1 copy City of New Hope, Attention: Valerie Leone 1 copy Bonestroo, Attention: Jason Quisberg Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's attorney, a pre- construction conference will be scheduled with you and the City of New Hope to review the Project. St. Paul St. Cloud Rochester Milwaukee Chicago City of New Hope Terra Linda Storm Water Project Sincerely, C• 'ti Jason P. Quisberg, P.E. Enclosures: Four Contract Documents cc: /Valerie Leone, City of New Hope Steven Sondrall, City Attorney Page 2 May 13, 2008 "X!J JENSEN ANDERSON SONDRALL, P.A. Attorneys At Law LESLIE A. ANDERSON TUCKER J. HUMMEL GORDON L. JENSEN' MELANIE P. PERSELLIN"' STEPHEN M. RINGQUIST' STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 June 24, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Terra Linda Storm Water Improvements Improvement Project No. 809 Our File No. 99 -10030 Dear Val: 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAX (763) 493 -5193 e -mail law @jasattorneys.com Writer's Direct Dial No.: (763) 201 -0211 e -mail sas @jasattorneys.com Via e-mail to vleone(&ci. new -hope. mn. us and by regular mail Enclosed please find four copies of the contract and bonds and three insurance certificates for the referenced project. All of the documents are in order from a legal standpoint. Please call me if you have any questions. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope Enclosure(s) cc: Guy Johnson Jason Quisberg P: \Attorney\SAS \I Client Files\2 City of New Hope \99 -10030 (Public Works general)\Leone Itr 2008 terra linda storm water improvements. doc z June 27, 2008 Mr. Jay Hembroff Imperial Developers, Inc. 1771 Yankee Doodle Road Eagan, MN 55121 SUBJECT: Terra Linda Storm Water Improvements (Improvement Project No. 809) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 809. One copy is for your records and the second copy should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on May 12, 2008, for $128,775.20. Enclosed is return of your bid bond. 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 (Minnesota Statute 290.97). The form contains instructions for completion. Sincerely, Valerie Leone City Clerk, CMC enc. cc: Jason Quisberg, City Engineer (Project No. 000034 - 07192 -0) Steve Sondrall, City Attorney (File No. 99- 10030) Guy Johnson, Director of Public Works 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 TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 * Police Fax: 763 -531 -5174 Public Works Fax: 763- 592 -6776 m rt • 11' C or *0;8:1414 DOCUMENT 00005 PROFESSIONAL CERTIFICATIONS I hereby certify that this report, drawing, or specification was prepared by me or under my direct supervision and that I am a duly Licensed Engineer under the laws of the State of Minnesota. Jason PQuisberg, P.E. Date: March 31, 2008 Reg. No. 44315 END OF DOCUMENT 000034 - 07192 -0 G 2008 Bonestroo PROFESSIONALCERTIRCATIONS DOCUMENT 00010 TABLE OF CONTENTS TERRA LINDA STORM WATER IMPROVEMENTS CITY PROJECT NO. 809 PROJECT NO. 000034 - 07192 -0 NEW HOPE, MINNESOTA 11: Introductory Information 00005 Professional Certifications 00010 Table of Contents 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders 00410 Bid Form Contracting Requirements 00520 Agreement Form 00610 Performance Bond 00615 Payment Bond 00700 EJCDC C -700 Standard General Conditions of the Construction Contract (Bound in back of Project Manual) 00800 Supplementary Conditions Specifications Division 1— General Requirements 01100 Summary 01200 Price and Payment Procedures 01310 Project Management and Coordination 01330 Submittal Procedures 01400 Quality Requirements 01500 Temporary Facilities and Controls 01570 Temporary Erosion and Sediment Control 01700 Execution Requirements 000034 - 07192 -0 © 2008 Bonestroo 00010 -1 TABLE OF CONTENTS Specifications Continued... Division 2 — Site Construction 02225 Removals 02230 Site Clearing 02280 Adjust Miscellaneous Structures 02315 Excavation and Fill 02318 Subgrade Preparation 02320 Trench Excavation and Backfill 02630 Storm Drainage 02635 Subsurface Drainage 02720 Aggregate Base Course 02740 Plant Mixed Asphalt Pavement Bonestroo Modified MnDOT Spec. 2360/2350 Combined 02750 Cast -In -Place Concrete Pavement 02766 Pavement Markings 02770 Concrete Curb and Gutter 02775 Concrete Walks and Driveways 02831 Precast Concrete Block Retaining Wall 02920 Lawns and Grasses END OF DOCUMENT 000034 - 07192 -0 © 2008 Bonestroo 00010 -2 TABLE OF CONTENTS DOCUMENT 00100 M DIM 91 . 1 41 N 0 NO 1 • MMER Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4400 Xylon Avenue North, until 1:30 P.M., C.D.S.T., Wednesday, April 30, 2008, 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: Terra Linda Storm Water Improvements, City Project No. 809 In general, Work consists of the following approximate quantities: 140 LF 12 Inch RCP Storm Sewer Including Structures and Drain Tile 1400 CY Common Excavation 1200 TN Class 5 Aggregate Base 550 TN Bituminous Mixtures 642 SY 6 Inch Reinforced Concrete Pavement Irregular Width 135 LF Concrete Curb 15 LF Retaining Wall 1500 LF Parking Lot Pavement Marking 400 SY Sod 2 EA Clear and Grub Tree The estimated construction cost for this Project is $187,000. Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636 -4600 upon payment of a non - refundable fee of $50. Bidding Documents may be seen at the office of the City of New Hope and at the Issuing Office. Bidding Documents can also be purchased with a credit card over the internet at www.bonestroo.com. Direct inquiries to Engineer's Project Manager, Jason Quisberg at (651) 604 -4938. 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 000034 - 07192 -0 © 2008 Bonestroo ADVERTISEMENT FOR BIDS DOCUMENT 00200 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. 2.01 Complete sets of the Bidding Documents in the number and for the non - refundable sum stated in the Advertisement for Bids may be obtained from the Issuing Office. 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. 2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 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 qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of Contract. B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith. 000034 - 07192 -0 © 2008 Bonestroo 00200 -1 INSTRUCTIONS TO BIDDERS 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 of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents. 2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents, 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 those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. 000034 - 07192 -0 © 2008 Bonestroo 00200 -2 INSTRUCTIONS TO BIDDERS 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, Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications, or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions. 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, the other related data identified in the Bidding Documents, and any Addenda; 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; 000034 - 07192 -0 © 2008 Bonestroo 00200 -3 INSTRUCTIONS TO BIDDERS 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions; E. obtain and carefully study (or accept consequences of 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 any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, safety precautions, and programs incident thereto; 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 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. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. 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 J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 000034 - 07192 -0 © 2008 Bonestroo 00200 -4 INSTRUCTIONS TO BIDDERS 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 There will be no pre -Bid conference. 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 or 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. 000034 - 07192 -0 © 2008 Bonestroo 00200 -5 INSTRUCTIONS TO BIDDERS 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 the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 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. 000034 - 07192 -0 © 2008 Bonestroo 00200 -6 INSTRUCTIONS TO BIDDERS 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 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. Additional copies may be obtained from Engineer. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid Unit Price shall be indicated for each 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 below the signature. 000034 - 07192 -0 © 2008 Bonestroo 00200 -7 INSTRUCTIONS TO BIDDERS 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 below the signature. 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 below the signature. 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 below the signature. 13.08 All names shall be typed or 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 The address and telephone number 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 covenant to obtain such qualification prior to award of the Contract. 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. 14.01 Bid 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. Discrepancies between words and figures will be resolved in favor of the words. 000034 - 07192 -0 © 2008 Bonestroo 00200_8 INSTRUCTIONS TO BIDDERS 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. 14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions. ARTICLE 15 - SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid Security. 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project Title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, 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 envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 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 for Bids and, unless obviously non - responsive, read aloud publicly. A Bid Tabulation of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project award. 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. 000034 - 07192 -0 © 2008 Bonestroo 00200 -9 INSTRUCTIONS TO BIDDERS 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 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 1 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, other individuals, or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, 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 to perform 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 award 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. 000034 - 07192 -0 © 2008 Bonestroo 00200.10 INSTRUCTIONS TO BIDDERS 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. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF DOCUMENT 000034 - 07192 -0 © 2008 Bonestroo 00200 -11 INSTRUCTIONS TO BIDDERS DOCUMENT 00300 II •' i 1 C • C1�� '� Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents are attached to this document. 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 historical information regarding the Project may be available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project Manager. END OF DOCUMENT 000034 - 07192 -0 © 2008 Bonestroo INFORMATION AVAILABLE TO BIDDERS THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 DOCUMENT 00410 BID FORM TERRA LINDA STORM WATER IMPROVEMENTS CITY PROJECT N0, 809 PROJECT NO, 000034 - 07192 -0 NEW HOPE, MINNESOTA 2008 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, Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work, 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. 000034- 07192 -0 © 2008 Bonestroo 00410 -1 BID FORM 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. 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 of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. 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. 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. 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: 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 Bids, 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 Owner's 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. 000034- 07192 -0 © 2008 Bonestroo 00410-2 BID FORM 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 11.03.6 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 quantities provided, determined as provided in the Contract Documents. No. Item Units Qty Unit Price Total Price 1 BASE BID: MOBILIZATION LS 1 $ $ 2 TRAFFIC CONTROL LS 1 $ �� — $ 3 SILT FENCE, MACHINE SLICED LF 100 $ a $ 4 INLET PROTECTION, SUBGRADE EXPOSED EA 3 $ $•• 5 INLET PROTECTION, POST BITUMINOUS BASE EA 9$ $ G� 6 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 36 $ _ $ 7 REMOVE BITUMINOUS PAVEMENT SY 3,030 $ $ 8 REMOVE CONCRETE SIDEWALK SF 212 $ $ _ d •® 9 REMOVE CONCRETE PARKING STOPS LF 40 $ r $ 10 MODIFY EXISTING RETAINING WALL LS 1 $ $ 11 RELOCATE TRASH ENCLOSURE EA 1 $ $ / 12 SAWING BITUMINOUS PAVEMENT LF 130 $ $ 13 STREET SWEEPER (WITH PICKUP BROOM) HOUR 10 $ $ _ / Za. 14 WATER MG 10 $ $ d 15 CLEARING TREE 2 $ — $ . 16 GRUBBING TREE 2 $ 4 $ _ 000034- 07192 -0 © 2008 Bonestroo 00410 -3 BID FORM 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Item Units PREMIUM TOPSOIL BORROW (LV) CY COMMON EXCAVATION CY 12" RCP STORM SEWER, CLASS III LF 4' DIAMTER STORM CBMH EA CONSTRUCT 7' DIAMETER STORM CBMH OVER EA EXISTING PIPE CONSTRUCT 4' DIAMETER STORM CBMH OVER EA EXISTING PIPE 4" PERFORATED PVC PIPE LF AGGREGATE BASE, CLASS 5 TN TYPE LV 3 NON WEARING COURSE MIXTURE TN (B) $ _ 'exe TYPE LV 4 WEARING COURSE MIXTURE (B) TN TYPE LV4 WEARING COURSE MIXTURE (B), FOR TN DRIVEWAYS BITUMINOUS MATERIAL FOR TACK COAT GAL 6" REINFORCED CONCRETE PAVEMENT SY IRREGULAR WIDTH 250 $ 2 4" SOLID LINE, WHITE PAINT LF PAVEMENT MESSAGE, HANDICAPPED SYMBOL EA PAINT 225 $ _ z4z. CONCRETE EDGE CURB LF 4" CONCRETE SIDEWALK SF PEDESTRIAN CURB RAMP WITH TRUNCATED EA DOME 1,435 $ _4!9 PRECAST CONCRETE BLOCK RETAINING WALL SF SODDING, LAWN TYPE SY TOTAL BASE BID Qty Unit Price Total Price 45 $ � _ $ _ 'exe 1,395 $ A� _ 7S $ 141 $_ $_ _ 1 $ _�_ $ c�s�L7 • - 1 $ AS-7f - $ 16 250 $ 2 $ /750. 1,130 $ /,57, /lo $ Z7 225 $ SS, $ 7 225 $ _ z4z. 10 $ 109, 30 125 $_ $ 642 $ $ 1,435 $ _4!9 $ �� 1 $ 136 $ � $ Z5 1v 210 $ _ $ 1y 1 $ ®a ° $ ®_ 48$_ $ / _ 400$ $ _ $ Ro 000034 - 07192 -0 © 2008 Bonestroo 00410 -4 BID FORM 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. 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. SUBMITTED If Bidder Is: An Individual Name (typed or printed): M (Individual's signature) (SEAL) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: 000034- 07192 -0 © 2008 Bonestroo 00410 -5 BID FORM A Partnershia Partnership Name: By: (Signature of general partner) A Corporation Name (typed or printed): Business Street Address (No P.O. Box #'s): EAL) Phone No.: Fax No.: Corporation Name: ' M IFle .c 5 I We — (SEAL) no saa State of Incorporation: Min We Type (General Business, Professional, Service, Limited Liability): aiZerA �ws`ne By: (Signatu Name (typed or printed): Title: 641le 571�� Attest (CORPORATE SEAL) rvo � (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): Phone No.: (OS 9 — 4S 7 r�) 6th Fax No.: (S i °-S- 353 000034 - 07192 -0 © 2008 Bonestroo 00410 -6 BID FORM A Joint Venture Joint Venture Name: By: Name (typed or printed): Title: (Signature of joint venture partner) EAL) Business address: Phone No.: Fax No.: Joint Venturer Name: (SEAL) By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Phone and Fax Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). END OF DOCUMENT 000034 - 07192 -0 0 2008 Bonestroo 00410 -7 BID FORM AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Imperial Developers Inc. 1771 Yankee Doodle Road, Eagan MN 55121 as Principal, hereinafter called the Principal, and Western Surety Company P. O. Box 5077 Sioux Falls SD 57117 a corporation duly organized under the laws of the State of SD as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope 4400 Xylon Ave N New Hope, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Amount of the Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Terra Linda Storm Water Improvements City Project No. 809 VOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with he Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or ,ontract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt )ayment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter >uch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the aenalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith .ontract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise o remain in full force and effect. >igned and sealed this 30th day of April , 2008 Imperial Developers, Inc. idra M. Doze (Witness) (Pnnci al) (Seal) 8: 14 , IQ Jay embroff Chief Estimator (Title) Westom Suretv ComiAnxN. (Sea/) d R. Olson (Title) AIA DOCUMENT A310 • BID BOND ! AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA County of ) ss. On this 30TH day of APRIL 2008 _HLNUEIN ) before me appeared jay D.Hembroff to me personally known, who, being by me ' duly sworn, did say that he is the Chief Estimator of IMPERIAL DEVELOPERS, INC. a corporation, that the seal affixed to the foregoing instrument is the Corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said -Jay D. Hembroff acknowledged said instrument to be the free act and deed of said corporation. 6im 1-1-�A N1. DOZE Notary Public c tv, 0 1W FY 1PUBLIC- MINNESOTA My commission expires , :'3s;n Expires Jan. 31, 201 ACKNOWLEDGMENT OF CORPORATE SURETY State of MINNESOTA ) ss. on this 30TH day of APRIL 20 08 County Of HENNEPIN ) before me appeared DONALD R. OLSON to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of WESTERN SURETY COMPANY a --oxporation, that the seal affixed to the foregoing instrument is the 7orporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and :hat said DONALD R. OLSON - acknowledged said instrument: to be the free act and deed of said corporation. Notary Public Coun ty, Q,' ,A M. 0OZF My commission expires ,) IOTA,P YPU My Ccrr.n scion Expires Jan, 31, 2011 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 Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Olson, Rachel Thomas, Joshua R Loftis, Roger Cornett, Brian J Oestreich, Individually of Minneapolis, MN, its true and lawful Attorney (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 - 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 Senior Vice President and its corporate seal to be hereto affixed on this I I th day of January, 2008. Er}c WESTERN SURETY COMPANY z,W RPOgq j0% swt4 e�}H s � se A�' /P Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this I Ith day of January, 2008, 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 Senior 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 } s D. KRELL l November 30, 2012 i EAS NOTARY PUBLIC sE t. i j SOUTH DAKOTA r +h4Shy404Mhb4Ntih44ti4sh5q'} D. Krell, Public CERTIFICATE No 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 30TH day of APRIL 200$ ?o ; � WESTERN SURETY COMPANY yNr�`0P A--01 S�Tlr ��P Form F4280 - 09 - 06 L. Nelson, Assistant Secretary 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. DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and Imperial Developers, Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: storm water improvements and parking lot reconstruction. 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Terra Linda Storm Water Improvements Project for the City of New Hope, Minnesota, City Project No. 809. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Bonestroo, 2335 Highway 36 West, St. Paul, MN 55113 (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 A. 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 Milestones, Substantial Completion, and Final Payment A. All of the Work of the Project shall not begin until August 4, 2008. B. All of the Work of the Project shall be completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before October 17, 2008. 000034 - 07192 -0 © 2008 Bonestroo 00520 -1 AGREEMENT FORM 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement 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 $150 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 $250 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. ,, �1 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 for an Original Contract Amount of One Hundred Twenty -Eight Thousand Seven Hundred Seventy - Five Dollars and Twenty Cents ($128,775.20) for the Total Base Bid. 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. 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.A1 and 6.02.A2 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: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as Engineer 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). 000034 - 07192 -0 © 2008 Bonestroo 00520 -2 AGREEMENT FORM 2. 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 14.02.135 of the General Conditions and less 100 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 A. 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. F.-Il a I 1711 �d1► � a `J 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. 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. 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. C. 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. D. 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work, or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by Contractor and safety precautions and programs incident thereto. F. 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. 000034 - 07192 -0 © 2008 Bonestroo 00520.3 AGREEMENT FORM G. 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. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. 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. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. F.11 !14 Y Ey!ilaK�7►T1 1 f a 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement. 2. Performance Bond, Payment Bond, and other Bonds. 3. General Conditions. 4. Supplementary Conditions. 5. Specifications. 6. Drawings bearing the following general title: Terra Linda Storm Water Improvements. 7. Addendum (None). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Form. b. Documentation submitted by Contractor prior to Notice of Award. 9. 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). 000034 - 07192 -0 © 2008 Bonestroo 00520 -4 AGREEMENT FORM B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. 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 A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. 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 A. 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 A. 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. 000034 - 07192 -0 © 2008 Bonestroo 00520 -5 AGREEMENT FORM IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). Owner: Address for giving notices: CITY OF NEW HOPE Designated Representative: Contractor: Address for giving notices: 4 �" a License No. (Where applicable) Designated Representative: Name: wy Title: Address: Phone: Z - �� . .. ..��30 Facsimile: A� - END OF DOCUMENT 000034 - 07192 -0 © 2008 Bonestroo 00520 -6 AGREEMENT FORM Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): Imperial Developers, Inc. 1771 YANKEE DOODLE Road, Eagan, MN 55121 Western Surety Company OWNER (Name and Address): P.O. Box 5077 City of New Hope 4400 Xylon Ave. N. Sioux Falls, SD New Hope, MN CONTRACT Date: May 23, 2008 Amount: ($128,775.20 ) One Hundred Twenty Eight Thousand Seven Hundred Seventy Five Dollars and 20/100 Description (Name and Location): Terra Linda Storm Water Improvements, City Project No. 809 BOND Bond Number. 929454411 Date (Not earlier than Contract Date): May 23, 2008 Amount: ($128,775.20 ) One Hundred Twenty Eight Thousand Seven Hundred Seventy Five Dollars and 20/100 Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: Imperial Developers, Inc. Signature: (Seal) Name and Title " 9. FT e - rnbrofVqVief Estimator (Space is provided below for signatures of additional parties, if required.) SURETY Western Surety Company (Seal) Surety's N Corporate Seal By. — VSJ AIY�— Signature and Title Donald R. Olson Attorney -in -f=act (Attach Power of Attorney) Attest: 1W v e Signature and Title Sandra M. Doze Surety Fount Rep CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. 0-610 (2002 Edition) Originally prepared through the joint efforts or the Surety Association of America, Englneers Joint Contract Documents Committee, the Amclated General Contractors of America, and the American Institute or Architects. 00610 -1 1 Folkr and Swnty, ]dally and scN=11p, b]tt3 theaaseiyw, thou. W s, ,Cxec1'!m, 44aanistratcas, succrwm sod ascgas to Boyer far the taxfvttnattcc ol'the CkW ac4 vWcb is lumtiprxy&A herein by refezatce. Fir puroses of this beard., 13uytrW= =iga:, IEa:d Atgn S aytr hu mig Berl the Contract. 2 It Scll� pxr:oc2as rile Comma, 5uasy rstd Seller haveaa obll�sti<art Under UT. Bo11, vmzp! to p aitipste in eonftraac -S of pravidcd in m-cmph 3.1. :.k i." thw c is :to ltuyu DcfaWt, S=ty's 0 ptjan andcr this Road shalt arise afler- 2t. Buye: Las noif itd ScL- rxndsuretyporauauttop ;txsgtaphTO thzt Buyer to ccasideling dectanng s Se]!es Dc-*U ]t tired 1 x rcqucstad.rtd alter lm 10 erasagc a eozfcrrza tvit8 Seller and Snap to he lic&] mat tuer tbart is days Auer rwcipt o.f fnch no todbcnss methods nfperfarrningtt%ZColtmm tit guy >_r. Seller and Surety ,Sru. 5clkv shall bo allowed a rastanble, time to ptcemm the Coytmci, but such nz ag^_�crnznt shall 1201 xrzivc BU, Itgl;t, if cny, Sulreruenlly to dec -lim a Selicr Mraul* nod 3.2 Euyr. hxs declared a Seller D. -hull mad formally tti= Seller's right to cOtrt Lk Cnrtract. Sucb SEncr Default i hAll not tx declared tt:Vor ttza 20 dzys atlwx Setter Bad Surety have mce wd no0cz as provided in par,. mph3 and i 3. 6xtytr hx; apraal to pay tlra $41mcv of the Com mut Nrc Ivc s Surctyin nctardaaac uidt tT,c trams tsf ttte CG,1traCt; ?..taattter stuff Rltxtad pursuoat to paragraph 4.3 to poform Ike C'r tmct. s. tY1;eu l3uycr has satisCtpd t#1c cut:di;iCus of paraSraph 3, Sacaty &ball promptly and at Surety dxmsc Lhkc Ott o f the following ne5onnt 41. Arfirgr for SclIcr. with coasmt of Buyer, to peafoirn acct comoctz the coaaaett or 4 Unde=T - c to pterfclrm and comp]efe the Cenma itself; 1k,00 icy sgmf -s or tkmttgh irxf4Prm(ja1t vcvmct=; u 4.3. Main bias r4- ntptiatcd pmp=ls from gta1lflcd sellers =Crublc to ^Buyer fat a ecarrmct fit' pa renrance sotE completion of tho Confect, CMOs. fur a contract to be pmpxad for t zuuaicm by Buyrx and Selltr %cL'Cted with at yl* coocmecte, to ke sxwrctl with pttforr wce ara va -pnGtt txxsds taunted by A qualified stimly equivOr'll to ttto Bcetds Itstted cn ific Ct t=4 Bad pep to flttyer the am(nutt cftius=m as & Sciibcd. in Fwa - zmph 6 ]st cxcssa of t11e Baia= Of tiers t:Ons. -Bet Nee lace. -md by Buys ra`47ttinp from SellerDtfvalt: or id, Waiv4 its riZAt to pzsf'om ttad ranopiete, artSnga far complettoe, rr 014tia a new aelkr, zmd with masonable prcmpmcs: u:.3ct tier citxctrrn.Staacs" t:itfatc 1- rferzrtiot ttre err leant for u7tich it [nsy L-e l able to gayer Bad, as aoCa1, as pane5p0:abi. after thc;z.^xotct fs dcternxiac� tea der pcyfnah( tl=rfor to B rs 2. deny liability is wanle or 10 q,nrt and neafy Buyer citing tzt:anat` mfor• 5 If $uaay duce W 1,ruw:l as ptovidcd in parr,I;rBjY4 Q whit reasmabfc Wcmgm= Suety stud! be dm=d to b- In default m thin f3.xtc1 I3 days 2ftr rce4px of an aftriottsi ttipm. nat"'m beast Mayer h) Surety dmo.tdirS thst Swely pccferm its 4bl,g"tnoos under Wr 13cx.3„ and A uytz vwi be emard in enfatee. any raoos-2y atlable to Huya. It Such' yrotca„x m P-44ed lvt PAragmr h d.-Q, =d lluycr rafc,� the p :yn> at t:.sdtrcd or Surety h= dc:3cJ Cobility, is wbolc or in part, witbwt further notice Buycr shalt be csdtlW to enforce auy rcma3; ava!Ut)l tol3tlytr- s. A14C lluyu hw lucuus/.cal Sc lc s rilbt to wrplctc tiza coi[uxcr„ acrd iE Sarea� rJO:ts to Bet mdu ps;A,EMPi'l 4.1. b.'�, or 4..' *$ u She r%P msibutiet of S=ty to Iiuyv 711x1j r-ot lre t4 jw then %am of Stlt-V seeder the CrtnMact, MA ft 1WWWbftC3 of L3ttpet eta S=ty 414 not .0 grcatcrtbtsl tkaac iauw thsCmtrani, 7b g omit u€ tivl =ml of vq nma, i Ut mlt ,,jm,to atzmis 1st bf l4:ayc Dar the 11.s]aV — of lbr Cot!ts+, et NPA to ;gdFtEm of awes and tlsmgts m tho Cmtract, Snrcty is oblitsltd for. 6.1. the msgasst liti of & for rcrrrr -etias w mplucmmt of d:f;dYe CtOV43 44 Sp.-611 Smius zrd ;nlFla hm of thr Contract; 62- Additiocd tagat. desilgt grofissioaat and delay txsu z.3u3Ans ft , kb Soper 13ctiult, end r=lhag from tEr. nc',[eca or latlutc to act of Surctytnt alszxa,�rnptt d; and 63. l.t"trd damages, o:' if no I1g1 i rc.^ted dsavgrs; arespecited in tt:a ContrrFt, 44441 dsaagcs casscl4 by alclaycd ptrfcrntante to taou•pctfw,-mcz of Sesllcr. 7. Surety ahslt = bs liable to Buyer or ah= for rblipam's of 5clkrthat are ttnr "md tr. Ibc Cm=,.`L and the Bsfaaxo of the Gxzam Prix sttsit aot bt mdcrrd err w off me1 occouat of srty wth =writhed ob ems tda rigtlt Of anion stall zscrtts on t13it BDAd to ttay }rzwt or =:ty c6cr %I= buycr or ha ir!m ca=lo1'd, a,3miiistrat,tss, succcsanrs, a assi gas. S. S=Tv b--oby walm zW= .Many chm,;4 ircWtg ct>.sugcs o, tines, to he Cnsrrac of tta rOWW subeWbmc:s, p= hn- orders and ott= oUgaimL 9 A.ay p1oca4mg. legs] or ew;rfiuble, taAM this Und arty Lc invIrt M in sny court tit cmnyamt itrri26.:das in tlty Io0A6otz is chick 41* 00ods Sa'vicrs am LT--U3 erns! &.hall b; kmlitutcd svititat two ycttrs sftsx St:lier D:t'astlt a s+itilin t>:b ttflrs 5s;l:r ccssad vauking or xvftlssn twn years after SttrxKy slat a fails t: qcrEarm its tabligatiaas urea taus 6cntrl. whicber= eecuts tfm if the Fruvisiam of teas psragtrplb a_rc vtyd or prahltRtcd by 1%w. the miniavtu pttiad of limitsstict available to earl -lira ss a dc£atttc is tR;a jarisdi�iaa o2'tkc swt ctanli br. appli;ably 113. q+;etioe to Starry, gleyyr er Scf1, -t yhslt bt plsit,^c1 or daurcreci t; the adders ¢bower oa the SlEn mra pege. 11. Whtn rids Land bas bran f=izb,:vl to comply with z st vimy cr otbci izN trqttir6=t in the lootdoa tz+= tlac Uoads trs& to be delivered nd ttu Spe:'sal Smim w= to lit pcferrrtrd, *my pmvlsiat in this Hard rfficflng with acid ststtsSfl -y is k fc4diremwt stt.£be d= redOtk-,et1=tfa and ptmrisimu iagto ; starasirycZ o "ber ley,&] mgaiur ;mt; SW be dsm ted facorpc led hezda. 7hc ixmar u tlmt this 13cud stvtil b+c coct "cd w a ttattttrsy bood anal not W a common ln bond. 12_ Dealt;=%. 12.1. Ualnn.'v of 1Gt t 70.70 a r=PAM:'Ihe. rums amount payable py Bay= w Sena sweet the Crxst ui o#'ter tat P' ad;ustt arts hnvc b= mt3-, ineludm$g tawtrttt tU Bahr of Bay zw=u meind, or to be reerivzd by Buyca is seulamsnt of iasuranx or other Claim fe-v d =Ars to witch Sclfac is mlitl<ei, u*=d by all mlid Bad proper p,rfwxmts =de to er oa Lr-* stf of Wcr ender the Crr1t=. 121 Ct m"Ct: 31x s mrtt tucsmm Huyw std Sallee ldcntifM on Ike sip== page. Ibolratliag all Cm 1204 Docwomts and ctungts ouxta. 113. 5 Uer Derauka Fill= of Seim', t,Vh dC LU tiwet bem re..- &-died nor vraive, to perfcrtn or nih"Wisu to eercply with the tetras oft to Coa!ract 1 Buy" Pfitoltz aawro of myct, h lrs aud,u beets temmdict nor w9lrad, to pay Seth 19 rrxrXrc f by the Coon= to ut pmAgm xnd crmryl= or comply with 1.he cthcr UT= thel"r. CORI -mcl 1 Pmcurelltrnt 0€1610.2 Fedon ancoBo 44521 X W05 MCDC No, P -610 ( M FAtio t) Any singular reference to Seiler, Surety, Buyer or oar party shall be considered plural whm applicable. SELLER (Nam and Address): Imperial Developers, Inc. 1771 Yankee Doodle Road Eagan, MN 55121 BUYER (Name and Address): City of New Hope 4400 Xylon Ave. N. New Hope, MN SURETY (Name and Address of Principal Place of Business): Western Surety Company P.O. Box 5077 Sioux Falls, SD CONTRACT Date: May 23, 2008 Amount: $128,775.20 One Hundred Twenty Eight Thousand Seven Hundred Seventy Five Dollars and 20/100 Description (Nato and Location): Terra Linda Storm Water Improvements, City Project No. 809 BOND Date (Not earlier than Contract Date): May 23, 2008 Bond Number: 929454411 Ammunt: $128,775.20 One Hundred Twenty Eight Thousand Seven Hundred Seventy Five Dollars and 20/100 Modifications to this Bond Form: Yes "Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: "Within a reasonable time (1) after the Claimant has satisfied the conditions of Paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond." Surety and Seller, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cm= this Payment Bonin to be duly executed on its behalf by its authorized officer, agent ar representative. Sadler as Principal Company: (Corp. Seal) Imperial Developers, Inc. Signature. Hama anti Title: JW. e4 rof JCh Es timator Surety W Surety Com stt Com an (�� ) Signature: Name and Tit1c: Donald R. Olson Attorney - in - Fact (Attach Power of Attorney) Address: P.O. Box 5077 Sioux Falls, SD 57104 Telepb = Number: (Space is provided below for signatures of additional parties, if required ) Seller ns Principal Surety Company: (Corp. Seal) Conq=r Signature Name and Title: Cali act 1 Pr4caf -=t 44521 1/27/05 Name and Title: Address: Telephone Number: 00615.1 (Corp. Seal) Payment Bond E1CDC No. P-615 (2000 EdW(m) Seller and Surety, jointly and severaly, bind thetrtaelves, their heirs, ezeCUVM t:4mfnfstrsrrrs, nmer ors and ten pat to Buyer to Ray far tabor, Materials and Nuipm=t fumishcd for vat in the purfegrrancc of the Contract, which is ccotpomW herein by nf=cc. For purpo= of this bond, Buyer means Buyer's assigns, if and when Buyer has assigned the Contract With respect to Buyer, this obligation shall be null and void ifSellcr: 2 1. Promptly makes payment, directly or indirectly, for all sutras due Claimants, snd Z.Z Defends, indemstifia and holds harmIm Buyer from An cWmt, demmnds, liens or suits Icy any pemon ox eaatirywho furnisbed labor, mArarials a equipment for use in the perfomrmnec of the Contract, prostitted t3uy+er has pronvtly notified Seller and Surety (at the Addresses dcserittai in puagnph 12) of tmy elairre, derrrrrtds, liens or wits and tendered defiatse of such claim, de mends, liens orsuhs to Sellcr and Surety, and pnvided then is rto Buyer Default With respect to C}nitnUnts, this obiigtrtion shall be null Sad Vold If Seller Promptly nratta pa) dircady or indirectly, for all sums due. Surety shall have no obligation to Claimants under this Bond unh'I: 4.1. Cleim=ts who are employed by or have a direct cansaet with Seller have given notice to Surety (at the addresses described in paragraph 12) and acct a copy, or notice thereof, to Buyer a gfmg that a claim is being made under this Band and, with cubatarrU accuracy, the anvaum of the claim. 4.2. Claimants who do not have a direct contract with Seller: I. 13avt fumiohed written notice to Sener and fart a copy, or notice thOWL to Buyer, within " days titer having Last performed 10607 err last fumishod rtmteriais (W equipment inck ded in dm clatrn stating, with suhstantial axtaacy, the waourt cf lho. claim and the name of the parry to whom the rrmteriais were fimtished or supplied or for whom the labor was done orpm feartvxd and 2. Have either received a r 4maan in whole or in pmt from Seller or not received within 30 dayu of fttmistmtg the above notice any coumnuaication from Seller by which Setter had indicated the claim will be psid dirmay, or indirectly, and Not leaving ten paid within the sbwt 30 day,, have salt a written notice to Surety and sent a copy, or notice thereof, to Buyer staring that a claim is teeing mode tinder rids Bond end enclosing a copy of the previous writtm notice furnished to Seller. If it notice required by paragraph 4 is giver try Buyer to Seller cr to Surety, that is sufficient campliance. of When a Ciaument has satisfied the Conditions of paragraph 4, Surety shall Promptly surd at Surety's ccpekue take the following actions: 6.1. Send art ttatawu to rho Cialnrant. with a copy to Buyer, within 45 days afkr recept of the claim, stating the srtwtanta that Ara Urudirputal and the basis for chadknging any arnounta that c e disputed. 0.2. dray or arrange fix paynimt of any undic?uted amounts. Surety's total obligation shall not accord the amount of this Bond, and the 2mowt of this bored shall be credited for any paytttettis made in Shod faith by. Surrtq. & Asmbnnts DAtd by Buyer to Seller enndcr the Contract shall be used fur the perfra mce of the Canind and to satisfy ci M'4 if any, uroler any Perfomatnoc BOW. By Seller ftrnirhittS ad BUM acceptin8 this Bond, they agree that en fiends earned by Seller in the perfommace, of the Contract an dedicated to satisfycMigatfons eScIkrand Suretyundcr this k'mA subject to Buyer's priUrity to use the funds for the completion of tF4 fumichinS the Goods and Special Scrvicxs, 9. Surety shall not he liable to Buyer. Claimants or others for obligations of Sella that arc trnrcistad m Y1te Contract Ro cr Shall nat be Iiabk £br pmytttcntt of nay costa or evtraaa of any Claimant »mdcr thin Rem, ;wd Ahall have under this Hard no abliVaim to make payments to, give notices an bzlsalfof, or otherwise hacr obligations to cwntants under this Bond. 10. Surety h=by waires notice of any clumgc, including ehsngcs of titnc, to the Contract or to related Suboantrwts, purclwt orders and other obligations. 11. No suit or action shall be corrinvnced by a Clsimvsat wxlr this Hand other start in a court of compa" jrniadictior is the h=tion in which the Goods relevant to the claim we loeatai or after the expiration of arts year fman the dam (1) an which tlx Claimt;nt gave the notice required by Paravaph 4.1 or pars tph 413, or (2) an xdtich clue last labor or service was perfbu by anyone or the lust materials or equipment were furnished by mryone 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 timitstion available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Buyer or Seller shall. be nailed or dclivescd to the tddscsars ahmm on the signature page. Actual r-cipt of notice by Surety, Buyer or Seller, howe , aabm{rlishod, sball be sufficient cornplianoc as of the date received at the address shown on the aigrsatrre page 13. Whet tbu Bond has boa fumishsd to comply with a Sea Wt*ry or other legal requirement in the location whcrt the Contract wen to be Fesformd, arty provision in this Bond cwftitsfngtrlth said a w=ny or legal requiem nMtslwtl be doern d deleted inn Std provisions confa mirtg to such statutory or outer legai rogjhcrrxast aha11 be decmd itxvrporated herder. 'fftz intent is, tend this Bond doll be construed as a statutory Bond and rotas a c marcn law bond. 14. Up- requaat of any prnon or entity appearing to be a potential beneficiary or this Bond, Seller shall prarrgstly furnish a copy of this Bond ur shall prrrrdt a copy to be nrA,- 15. lkfiniti0ms 15.1. Caimtntt: An individual or entity having it direct contesxt with Seller or with a Subcattrscter of ScUer to famish labor, materials or equipttscat forum in Ere PM fonrM= of that Contract. Tlra intent of this Bond ahsM 1% to includo wittum lirrotetion in true terrru '7abcm, rms#aiata cquiprnrnt dart part of w : t m p—, light. beat, oil. g4=line, icleph000 asrvioe orrmtal equipment used in a)* Contract, mchAnctad aid engiincering v4tw- 'a required for ftmiuYdng the Gooch and Spacial 5arvscra by Seller end Seiler'¢ Subcontractors, end all other iteou fiv which a atcchmic's lien may be asmted in the jurisdiction wbee ft labor. rnateritls or equipment were furnished. 152. Contract: ltnr Wearrnt between Buyer mW Serer identified on the signature page, iinciudlag in Contact Documents end changes thereto. 15.3. Buya't Mfitult: Failure of Buyer, wWclt bra neither beer remedied norvMved, to pay Seller as mquirod by the Coottact or to perform and complete or comply with the other toms d =wf. Contract i Procurewit 00415 -2 Payment Bond 44521 1/27/05 F.}CDC No. P-615 (2000 Edition) ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) ss. On this 23RD day of MAY 20 08 County Of--EMEPIN ) before me appeared Jay D. Hembroff to me personally known, who, being by me duly sworn, did say that he is the Chief Estimator of IMPERIAL DEVELOPERS, INC. corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, (If no seal, so state, and strike out above as to corporate seal) and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Jay D. Hembroff acknowledged said instrument to be the free ' act and deed of said corporation. G� � ° f� /� Notary Public Co iIXIA 1ILDOZE My commission expires ( E - ' -, "� ,, 'PUbLiC-t,!INNESOTA c:icneXPires jgin. 3t, 2011 ACKNOWLEDGMENT OF CORPORATE SURETY Itate of - MINNESOTA ) Isis. On this 23RD day of MAY 20 08 `ounty Of HENNEPIN ) before me appeared DONALD R. 0 L20N :o me personally known, who, being by me duly sworn, did say that he Is the Attorney-in-Fact If WESTERN SURETY COMPANY a !orporation, that the seal affixed to the foregoing instrument is the orporate seal of said corporation and that said instrument was executed n behalf of said corporation by authority of its Board of Directors; and hat said DONALD R. OLSON acknowledged said instrument o be the free act and deed of said corporation. Notary Public Couni My commission expires �N D R A M. imo z 7 C7Tnz sion Eypif Jail, 31, 2011 . N-1 %J a ® ® -. %_4' ..,L I 1 IP"I 1 y 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 Bruce N Telander, Donald R Olson, John P Martinsen, R Scott Egginton, John E Tauer, Linda K French, Craig Remick, Roger W Frank, Nicole Olson, Rachel Thomas, Joshua R Loftis, Roger Cornett, Brian J Oestreich, Individually of Minneapolis, MN, 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 - 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 Senior Vice President and its corporate seal to be hereto affixed on this 11 th day of January, 2008. ,�,RErr WESTERN SURETY COMPANY c y{4�PO�q�} �rN Mme' Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this t I th day of January, 2008, 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 Senior 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 + f D. KRELL i November 30, 2012 i l2Ai NOTARY PUSLIC � SOUTH DAKOTA r +ti++�h'�tiS4hti4SVti�+titihti4sti + CERTIFICATE D. Krell, No Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey 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 23RD day of MAY 200$ WESTERN SURETY COMPANY CE Q �����3 I �� `gEAy . Form F4280 -09 -06 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 Attomey, 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. SECTION 01100 PART 1 GENERAL 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: Terra Linda Storm Water Improvements for the City of New Hope, Minnesota, City Project No. 809. B. Description of Work: Storm sewer improvements and parking lot reconstruction. 1.03 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.04 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.05 WORK RESTRICTIONS A. Use of Site: 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction are shown on the Drawings and shall be removed upon completion of Work. 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 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. 000034- 07192 -0 © 2008 Bonestroo 01 100 -1 SUMMARY B. Access to Site: 1. Access for the south parking lot shall be through Rosalyn Court via Medicine Lake Road (County Road 70). 2. Access for the north parking lot shall be through Terra Linda Drive via Winnetka Avenue (County Road 156). 3. Construction traffic is not allowed at either driveway entrance to 2738 Winnetka Avenue. C. Construction parking will not be allowed in the existing apartment or business parking lots. All construction equipment shall be parked inside the construction limits or on a public street. D. Other Work at Site: 1. The revision of electric power, telephone lines, gas lines, and cable TV by private utilities is anticipated. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 0 2008 Bonestroo 01100 -2 SUMMARY SECTION 01200 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Administrative and procedural requirements for pricing of Work, and request for payment procedures. 1.02 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. 1.03 PAYMENT PROCEDURES A. 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. B. 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 01330. PART 2 PRODUCTS Not Used. 000034 - 07192 -0 © 2008 Bonestroo 01200 -1 PRICE AND PAYMENT PROCEDURES PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 © 2008 Bonestroo 01200 -2 PRICE AND PAYMENT PROCEDURES SECTION 01310 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SECTION INCLUDES A. General requirements for overall Project coordination. 1.02 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, Greg Plumedahl; 763 - 493 -1670, fax: 763 - 493 -1501. 5. Gas: CenterPoint Energy, Alla Denisova; 612- 321 -5077, fax: 612 -321 -5480. 6. Telephone: Qwest, Steve Hotvedt; 612 -381 -5031, fax: 612- 381 -5571. 7. Cable TV: Comcast, Doug Zahn; 651 -493 -5316, fax: 651 - 493 -5116. 8. Fiber Optics: Sprint. C. Owner requires 48 -hour notice for all utility interruptions. D. Private utility information obtained from utility owners /operators is shown on the Drawings in a general way. The location of utilities is not guaranteed. The locating of utilities and coordination during construction is the responsibility of the Contractor. Final locations of all utilities, per the Gopher One System, will be the responsibility of the Contractor. All costs associated with private utility coordination shall be incidental to the total Work of the Project. 000034 - 07192 -0 PROJECT MANAGEMENT AND 0 2008 Bonestroo 01310 -1 COORDINATION Information provided is of Quality Level D (QLD) as defined by ASCE Standards. Utility locations shown on the Drawings are based on this QLD information and have not been verified with a field survey. 1.03 PERMITS A. Apply for, obtain, and comply with the stipulations of the following permits: 1. MPCA Storm Water Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. 1.04 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48 hours 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. 1.05 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 01330. 000034 - 07192 -0 PROJECT MANAGEMENT AND © 2008 Bonestroo 01310 -2 COORDINATION 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. 1.06 CONSTRUCTION SCHEDULING A. Sequencing and Scheduling: 1. The Owner is very sensitive to the inconvenience each property owner will experience to construct this Project. The most frequent complaint received during this type of Project is the length of time for which parking lots and boulevards are disturbed. Therefore, scheduling of work, maintenance of parking lot access, and timely repair are critical to the success of the Project. 2. Resident notification of work directly affecting their property is required for all situations. The Project Inspector may assist with notifying residents. However, it is the responsibility of the Contractor to ensure residents are aware of issues such as access restrictions or parking. 1.07 SUBMITTALS A. Submit a minimum of 4 copies of shop drawings, plus the quantity of copies the Contractor wants returned. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 PROJECT MANAGEMENT AND 0 2008 Bonestroo 01310 -3 COORDINATION SECTION 01330 SUBMITTAL PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. General procedures and requirements for submittals during the course of construction. 1.02 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. B. Prepare schedules on 11 inch 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. 000034 - 07192 -0 © 2008 Bonestroo 01330 -1 SUBMITTAL PROCEDURES 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. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8 -112 inch 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 Paragraph 6.17 of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8 -1 /2 inches by 11 inches. Non - legible copies will not be reviewed. C. Submit a minimum of three copies 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. Identification of revisions from previous submittals. 6. A 4 inch by 4 inch blank space for the Engineer's stamp. 000034- 07192 -0 0 2008 Bonestroo 01330 -2 SUBMITTAL PROCEDURES D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — 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. "Approved 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 Paragraph 6.17.E of the General Conditions. 4. "Rejected" — Work covered by the submittal is not complete or it 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. Contractor shall conform to the resubmittal procedures described in Paragraph 6.17.E of 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. 3.04 TEST REPORTS A. Submit 3 copies of all inspections, tests, and approvals required in the Specification. 000034 - 07192 -0 © 2008 Bonestroo 01330 -3 SUBMITTAL PROCEDURES 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. 3.06 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 0 2008 Bonestroo 01330 -4 SUBMITTAL PROCEDURES SECTION 01400 PART 1 GENERAL 1.01 SECTION INCLUDES A. Information required for conformance to regulatory requirements. B. Quality assurance. C. Procedures to measure and report the quality and performance of the Work. 1.02 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.03 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. A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise ' workmanship. 1.05 TESTS AND INSPECTIONS A. Conform to the requirements of Article 13 of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. 000034 - 07192 -0 © 2008 Bonestroo 01400 -1 QUALITY REQUIREMENTS C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 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. 1.07 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. 1.08 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. 1.09 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. 000034 - 07192 -0 © 2008 Bonestroo 01400 -2 QUALITY REQUIREMENTS PART 3 EXECUTION 3.01 MEASUREMENT AND PAYMENT A. All Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 0 2008 Bonestroo 01400 -3 QUALITY REQUIREMENTS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities and miscellaneous temporary facilities required during construction. 1.02 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. The Minnesota Manual on Uniform Traffic Control Devices (MMUTCD), including the Field Manual on Temporary Traffic Control Zone Layouts — Latest edition. 1.03 SUBMITTALS A. Submit Traffic Management and Control Plan consistent with Section 01330. Plan shall include the following information: 1. Haul and access routes. 2. Traffic control measures. 3. Permits or applications required by local authorities. 4. 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. 000034 - 07192 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -1 AND CONTROLS 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 SIGNS, ETC. REMOVAL AND REPLACEMENT A. Remove, store carefully, and replace all signs, posts, etc. that may be within the Site as directed by Engineer. B. Signs, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. 3.03 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. B. Temporary Water for Construction: 1. Obtain water for construction at a hydrant specified by the Owner. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion. 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 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. 000034 - 07192 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -2 AND CONTROLS 3.05 TEMPORARY CONSTRUCTION A. 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. 3.06 TRAFFIC CONTROL A. Provide and maintain all traffic control devices needed to guide, warn, control, and protect traffic throughout the Site. All traffic control devices and other protective measures shall conform to MMUTCD. B. Remove traffic control devices at the conclusion of the Work. C. Flaggers are required to protect construction vehicles during unloading or construction materials. Conform to the requirements of the MMUTCD, the Flagging Handbook included in the Field Manual for Temporary Traffic Control Zone Layouts, and the following: while on duty flaggers shall wear hard hats and reflectorized florescent orange vests; and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or trouser, and sturdy shoes. D. Field Quality Control: 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 and the required devices shall be immediately rectified. 2. 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. 3. Provide access for emergency vehicles and busses to all residences at all times. 000034 - 07192 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -3 AND CONTROLS 4. 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. 5. 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. 3.07 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. 3.08 MEASUREMENT AND PAYMENT A. 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: 1. 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 B. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item: 1. Partial payment of the Lump Sum Bid Item "Traffic Control" will be made using a percentage based on the following: 000034 - 07192 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -4 AND CONTROLS Cumulative Percent of Traffic Control Item Paid A First Partial Payment Percent of original contract amount earned — 25 Percent of original contract amount earned — 50 Percent of original contract amount earned — 100 50 70 90 100 Dewatering will be considered incidental to the Project with all costs included in the TOTAL BASE BID. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -5 AND CONTROLS SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A. Managing stormwater runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 RELATED SECTIONS A. Section 02315 — Excavation and Fill. B. Section 02920 — Lawns and Grasses. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. MPCA's NPDES General Stormwater Permit for Construction Activity. 1.04 SUBMITTALS A. Completed application form for the MPCA's NPDES General Stormwater Permit for Construction Activity (MN R100001) conforming to Section 0 13 10: 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. B. Contractor Prepared Schedules and Plans: 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E: a. Submitted when requested by the Engineer. 000034 - 07192 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -1 SEDIMENT CONTROL 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 obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. Project disturbs 1 or more acres of total land area. Co- submittal with the Owner of a completed NPDES application form for the MPCA's General Stormwater Permit for Construction Activity and the appropriate fees to the MPCA is required. Submit a copy of the completed, signed, and dated application form to Owner. Permit coverage will become effective 7 days after the postmarked date of the completed application form. 1.07 SEQUENCING AND SCHEDULING A. Install sediment control measures prior to grading activities. B. Schedule and coordinate the Work so that permanent erosion and sediment control BMPs, such as basin construction and permanent seeding, are directly incorporated into the Work. 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. 000034 - 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -2 SEDIMENT CONTROL 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, does not conduct the inspection required in the NPDES permit, 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 $2000 per calendar day deduction for noncompliance. H. Establish permanent turf in accordance with Section 02920 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886 A. Machine sliced. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: 1. 2 -inch minimum washed rock. 000034 - 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -3 SEDIMENT CONTROL 2. Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4. 3. Minimum Thickness of Rock Placed: 6 inches. 2.03 MULCH: Conform to MnDOT Spec. 3882. A. Type 1, clean grain straw only. B. Hydraulic soil stabilizer may be used in lieu of mulch with the approval of the Engineer. 2.04 EROSION CONTROL BLANKET A. Conform to MnDOT Spec. 3885. 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. 3890.3 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 monofilamentlmonofilament meeting the requirements of MnDOT Spec. Heavy Duty. 000034 - 07192 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -4 SEDIMENT CONTROL C. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises ( http : / /www.royalenterprises.net /). 4. Pop -up head conforming to MnDOT Spec. 3891.3E. 2.06 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. 2.07 TEMPORARY SEED A. Conform to Section 02920. 2.08 DEWATERING SEDIMENT CAPTURE A. 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. 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. 000034- 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01 570 -5 SEDIMENT CONTROL 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 (10 feet minimum distance) along water courses. 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. 2573.3C: 1. Install 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. 000034 - 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -6 SEDIMENT CONTROL D. Temporary Construction Entrance: 1. Construct construction entrance before grading begins on the Site. 2. 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. E. Mulch: 1. For seeded Sites, apply at a rate of 2 tons per acre (4500 kg/ha). 2. For unseeded Sites, apply at a rate of 2 to 3 tons per acre (4500 to 6700 kg/ha), covering the entire soil surface. 3. Distribute mulch evenly by hand or machine and cover the exposed area to a uniform depth. 4. Disk anchor in conformance to MnDOT Sect. 2575.3G. 5. Anchor mulch immediately to minimize loss by wind or water. F. Erosion Control Blanket: 1. Install immediately following seeding in accordance with MnDOT Spec. 2575.3.) and as modified below. 2. Raking or harrowing of soil/seed shall be done before installation of erosion control blanket. 3. Install blanket parallel to the direction of flow. 4. 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. 000034 - 07142 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -7 SEDIMENT CONTROL H. Temporary Sediment Traps: 1. Temporary sediment traps are excavated in conjunction with other grading activities. Temporary traps are approximately 2 feet or less in depth with a length to width ratio of 2:4. 2. Effectiveness of sediment traps can be increased by placing a rock weeper at the outlet. 3.03 MAINTENANCE A. Conform to MnDOT Spec. 2573.3M, NPDES permit, and as follows: 1. 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. B. Sediment Removal: Conform to MnDOT Spec. 2573.3N: 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. 000034 - 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -8 SEDIMENT CONTROL C. Control dust blowing and movement on Site and roads as directed by Engineer to prevent exposure of soil surfaces, to reduce on and offsite damage, to prevent health hazards, and to improve traffic safety. 3.04 MEASUREMENT AND PAYMENT A. 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. B. 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: 1. 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. 2. Inlet Protection, Subgrade Exposed: Measurement will be by each. Payment will be made only once per structure. Temporary removal and reinstallation(s) of device to allow stages of Work will be considered incidental. 3. Inlet Protection, Post Bituminous Base: Measurement will be by each. 4. Temporary Construction Entrance: Shall be considered incidental to the Project. 5. Sediment Trap: Shall be considered incidental to the Project. 6. Dewatering Sediment Capture: Shall be considered incidental to the Project. C. A Bid Item has been provided for Water for Dust Control. Measurement will be per 1000 gallons (MG) applied to the street. Payment will constitute compensation in full for all work and cost to furnish and install the Water. This Bid Unit Bid Item is intended to pay for water used for dust control only and only at those times that it is requested by either the Engineer or Owner: 1. Water used for the construction of the parking lots will be considered incidental to the Project. 000034 - 07192 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -9 SEDIMENT CONTROL D. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034 - 07192 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -10 SEDIMENT CONTROL SECTION 01700 EXECUTION REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 1 Sections: 1. Record Documents, Written Notification of Substantial Completion, Executed Certificate of Substantial Completion, Written Notification of Final Completion, instructions, schedules, warranties, guarantees, Bonds, certificates, and other documents. 2. Final Application for Payment, including accompanying documentation IC -134 Form. 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. C. Inspect each product immediately prior to installation. Remove damaged products from Site. 000034 - 07192 -0 0 2008 Bonestroo 01700 -1 EXECUTION REQUIREMENTS 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. Install each element of work during weather conditions and Project status to ensure coordination of the Work. 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 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, Forms Section, Mail Station 1173, St. Paul, MN 55146 -1173 or by calling (651) 296 -4444. 3.05 MEASUREMENT AND PAYMENT A. A Bid Item has been provided for Street Sweeper (With Pickup Broom). Measurement will be by the units of hours for a sweeper and operator. B. All other Work and costs of this Section shall be incidental to the Project and included in the TOTAL BASE BID. END OF SECTION 000034- 07192 -0 0 2008 Bonestroo 01700 -2 EXECUTION REQUIREMENTS Client #: 808 �.+ A®R ® TM CERTIFICATE F LIABILITY INSURA 05/23/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN- COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 POLICY NU MBER POLICY EFFECTIVE DATE MM /DD/YY MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED IMPERIAL DEVELOPERS INC 1771 YANKEE DOODLE RD EAGAN, MN 55121 wsURERA: GENERAL CASUALTY COMPANY CC10389369 INSURER B: 12/31/08 INSURER C: $1000 INSURER D: $1, OU UOO INSURER E: MMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I NSR LTR ADDT NSR TYPE OF INSURANCE POLICY NU MBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/YY LIMITS A GENERAL LIABILITY CC10389369 12/31/07 12/31/08 EACH OCCURRENCE $1000 DAMAGE TO RENTED occurre $1, OU UOO MMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR INCLUDES: MED EXP (Any one person) s5, 000 PERSONAL & ADV INJURY $1, 000,000 U VX:BROAD OPERATIONS OF FORM PD GENERAL AGGREGATE s2,000,000 SUBS - CONTINGENT GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2 OOO 000 CONTRACTUAL LIAR POLICY X JECOT X LOC • AUTOMOBILE LIABILITY X ANY AUTO CBA0389369 12/31/07 12/31/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO O NLY - EA AC CIDENT $ OTHER THAN EA ACC $ ANY AUTO _ $ AUTO ONLY: AGG • EXCESS /UMBRELLA LIABILITY CCUO389369 12/31/07 12/31/08 EACH OC CURRENCE $5,000,0 AGGREGATE $5. 00 0.000 X1 OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ X RETENTION • __ $ 10, 000 WORKERS COMPENSATION AND CWCO389369 12/31/07 12/31 /08 WC STATU- OT R LIMIT EACH ACCIDENT rFL, $SOO,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? DISEASE - EA EMPLOYEE $500,000 If yes, describe under SPECIAL PROVISIONS below DISEASE - PO LICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS TERRA LINDA STORM WATER IMPROVEMENTS, CITY PROJECT NO 809 (See Attached Descriptions) CITY OF NEW HOPE 4400 XYLON AVE N NEW HOPE, MN 55428 ACORD 25 12001/081 4 -fl 4m ma4 Rvm SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED RAM O ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001108) 2 of 3 45ZUU1 USrmztw.3u l i DESCRIPTIONS (Continued from Page 1) l ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTORY: CITY OF NEW HOPE(OWNER) BONESTROO(ENGINEER) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO AUTOMOBILE LIABILITY, BUT ONLY TO THE EXTENT THAT THE ADDITIONAL INSURED QUALIFIES AS AN 'INSURED" UNDER THE TERMS AND CONDITIONS OF THE POLICY: CITY OF NEW HOPE(OWNER) BONESTROO(ENGINEER) The following cancellation notice supercedes the standard wording: Should any of the above described policies be cancelled or materially changed before the expiration date thereof, the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. AMS 25.3 (2001108) 3 of 3 #S299183/M280301 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OFTHE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by kr "M�sr The Associated General Contractors of America Knowledge for Creating and Sustaining the Built Environment Construction Specifications Institute EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-1 Copyright ©2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 101515th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191 -4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C -520 or C -525 (2002 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 EJCDC Construction Documents, General and Instructions (No. C -001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C -800) (2002 Edition). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ ..............................6 1.02 Terminology ............................................................................................................................... ..............................8 ARTICLE 2 - PRELIMINARY MATTERS .................................................................................................. ..............................9 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................... ..............................9 2.02 Copies of Documents ................................................................................................................. ..............................9 2.03 Commencement of Contract Times; Notice to Proceed ............................................................. ..............................9 2.04 Starting the Work ....................................................................................................................... ..............................9 2.05 Before Starting Construction ..................................................................................................... ..............................9 2.06 Preconstruction Conference ....................................................................................................... ..............................9 2.07 Initial Acceptance of Schedules ................................................................................................. ..............................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .......................................... .............................10 3.01 Intent ......................................................................................................................................... .............................10 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................ ..............................1 l 3.05 Reuse of Documents .................................................................................................................. .............................11 3.06 Electronic Data ......................................................................................................................... .............................11 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 ......................................................................................... .............................12 4.03 Differing Subsurface or Physical Conditions ............................................................................ .............................12 4.04 Underground Facilities ............................................................................................................. .............................13 4.05 Reference Points ....................................................................................................................... .............................13 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ................................................................................................ .............................14 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates of Insurance ........................................................................................................... .............................15 5.04 Contractor's Liability Insurance... . ................................................... .................................................................... 15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights ........................................................................................................................ .............................17 5.08 Receipt and Application of Insurance Proceeds ....................................................................... .............................17 5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................... .............................17 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................ .............................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ............................................................................. .............................18 6.01 Supervision and Superintendence ............................................................................................. .............................18 6.02 Labor, Working Hours .............................................................................................................. .............................18 6.03 Services, Materials, and Equipment .......................................................................................... .............................18 6.04 Progress Schedule ..................................................................................................................... .............................18 6.05 Substitutes and "Or- Equals" .................................................................................................... .............................19 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................. .............................20 6.07 Patent Fees and Royalties ...........:............................................................................................. .............................21 6.08 Permits ...................................................................................................................................... .............................21 6.09 Laws and Regulations ............................................................................................................... .............................21 6.10 Taxes ......................................................................................................................................... .............................22 6.11 Use of Site and Other Areas ...................................................................................................... .............................22 6.12 Record Documents.. ......... ....... ................................................................................................... ......................... 22 6.13 Safety and Protection ................................................................................................................ .............................22 6.14 Safety Representative ................................................................................................................ .............................23 6.15 Hazard Communication Programs ........................................................................................... .............................23 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-3 6.16 Emergencies .............................................................................................................................. ............................. 6.17 Shop Drawings and Samples ..................................................................................................... ............................. 6.18 Continuing the Work ................................................................................................................. ............................. 6.19 Contractor's General Warranty and Guarantee. ................ ..................................................... ............. .............. 24 6.20 Indemnification ......................................................................................................................... ............................. 6.21 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE - OTHER WORK AT THE SITE ............................................................................................ ............................. 7.01 Related Work at Site .................................................................................................................. ............................. 7.02 Coordination ............................................................................................................................. ............................. 7.03 Legal Relationships ................................................................................................................... ............................. ARTICLE - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. ............................. 8.02 Replacement of Engineer .......................................................................................................... ............................. 8.03 Furnish Data ............................................................................................................................. ............................. 8.04 Pay When Due ........................................................................................................................... ............................. 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance ................................................................................................................................... ............................. 8.07 Change Orders .......................................................................................................................... ............................. 8.08 Inspections, Tests, and Approvals ............................................................................................. ............................. 8.09 Limitations on Owner's Responsibilities ................................................................................... ............................. 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ ............................. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ........................................................................................................... ............................. 9.02 Visits to Site ............................................................................................................................... ............................. 9.03 Project Representative .............................................................................................................. ............................. 9.04 Authorized Variations in Work .................................................................................................. ............................. 9.05 Rejecting Defective Work .......................................................................................................... ............................. 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... ............................. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................... .............................28 9.09 Limitations on Engineer's Authority and Responsibilities ........................................................ .............................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................................................................. ............................. 10.01 Authorized Changes in the Work ............................................................................................... ............................. 10.02 Unauthorized Changes in the Work .......................................................................................... ............................. 10.03 Execution of Change Orders ..................................................................................................... ............................. 10.04 Notification to Surety ....................................................................................... ............................. 10.05 Claims ....................................................................................................................................... ............................. ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ........................................................................................................................ ............................. 11.02 Allowances ................................................................................................................................ ............................. 11.03 Unit Price Work ........................................................................................................................ ............................. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... ............................. 12.02 Change of Contract Times ........................................................................................................ ............................. 12.03 Delays ....................................................................................................................................... ............................. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ... .... 33 13 .01 Notice of Defects ....................................................................................................................... ............................. 13.02 Access to Work .......................................................................................................................... ............................. 13.03 Tests and Inspections ................................................................................................................ ............................. 13.04 Uncovering Work ...................................................................................................................... ............................. 13.05 Owner May Stop the Work ........................................................................................................ ............................. 13.06 Correction or Removal of Defective Work ................................................................................ ............................. 13.07 Correction Period ..................................................................................................................... ............................. 13.08 Acceptance of Defective Work .................................................................................................. ............................. 13.09 Owner May Correct Defective Work... .............. -- ............... ................................................................................ 35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. .................................................. ........................... 36 14 .01 Schedule of Values .................................................................................................................... ............................. 14.02 Progress Payments .................................................................................................................... ............................. 14 .03 Contractor's Warranty of Title ................................................................................................. ............................. 14 .04 Substantial Completion .......................................................................................................... .... . . . . ..................... 37 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 14.05 Partial Utilization ..................................................................................................................... .............................38 14.06 Final Inspection ........................................................................................................................ .............................38 14 .07 Final Payment.. ............................................................ ............................ ........ — .................................... ............ 38 14 .08 Final Completion Delayed ........................................................................................................ .............................39 14.09 Waiver of Claims ....................................................................................................................... .............................39 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................ .............................39 15.01 Owner May Suspend Work ........................................................................................................ .............................39 15.02 Owner May Terminate for Cause .............................................................................................. .............................39 15.03 Owner May Terminate For Convenience .................................................................................. .............................40 15.04 Contractor May Stop Work or Terminate ................................................................................. .............................40 ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................... .............................41 16.01 Methods and Procedures .......................................................................................................... .............................41 ARTICLE17 - MISCELLANEOUS ............................................................................................................ .............................41 17.01 Giving Notice.. ........................................................................... .................................................... ...................... 41 17.02 Computation of Times ............................................................................................................... .............................41 17 .03 Cumulative Remedies ................................................................................................................ .............................41 17 .04 Survival of Obligations ............................................................................................................. .............................41 17.05 Controlling Law ........................................................................................................................ .............................41 - 17.06 Headings ................................................................................................................................... .............................41 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-5 GENERAL CONDITIONS ARTICLE I - 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. 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's 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) com- plete 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 11.0 LA 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-6 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. The General Requirements pertain to all sections 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 in connection with the Work. 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, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 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 comple- tion 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 Con- tract 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 nucle- ar, 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. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative - -The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. Samples -- Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. 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. 40. 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. 41. 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. 42. 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. 43. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-7 administrative requirements and procedural matters applicable thereto. 44. 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. 45. Substantial Completion- -The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 46. Successful Bidder - -The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions- -That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier - -A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. 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. 50. Unit Price Work - -Work to be paid for on the basis of unit prices. 51. 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 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. 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 following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective 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 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). EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide I. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well -known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds 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 Agreement. In no event will the Contract Times com- mence 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: L 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 subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference 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. 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 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-9 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended 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 Regula- tions 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. 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, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility 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 may discover 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall 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, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-10 (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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. 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. 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. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer's consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition 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 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. A. Copies of data furnished by Owner or Engineer to Contractor or 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 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is 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 connec- tion 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, explo- ration, test, or study of the Site and 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-12 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, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. 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 consequences of the existence or location of the Under- ground 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: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-13 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. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed 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. 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 to Contractor written notice: (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 stop- page 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. 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, 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 responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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, 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.H 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 F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-14 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 current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act. 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 5.01.13, 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 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 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 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. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed a nd 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 sus- tained: 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, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, 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; EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-15 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 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); 6. 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 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary 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. 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 Supple- mentary 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, 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 an insured or additional insured; 2. be written on a Builder's Risk "all- risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, 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 caused by flood) and such other perils or causes of loss as may be specifi- cally 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; Owner; 5. allow for partial utilization of the Work by 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 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 an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance 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 ex te n t of any EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-16 deductible amounts that are identified in the Supple- mentary 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 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 Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 to be listed as insured or additional insured (and the officers, directors, 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. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, 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, 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 insureds, 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 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 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to 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 superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 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 Docu- ments. Contractor shall at all times maintain good disci- pline 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. 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-18 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 adjust- ments will comply with any provisions of the General Re- quirements 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 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, 3) it has a proven record of performance and availability of responsive service; and 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 that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall 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 substi- tute 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; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-19 c) whether or not incorporation or use of the proposed substitute item in con- nection 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; 4) and shall contain an itemized esti- mate 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 Proce- dures: 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 either a Change Order for a substitute or 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 item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges o f 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 reason- able 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 consti- tute 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 anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontra Supplier, or other indi vidual EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-20 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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 an, additional insured 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, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, 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, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supple- mentary 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 applica- ble 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 primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-21 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 equip- ment, 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 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, 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 com- pletion 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. 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 attributabl to th e f ault of Draw- EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-22 ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. 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 14.07.8 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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 protec- tion 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 accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. I. 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: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. 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. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-23 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 Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted 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 Docu- ments. 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 con- struction 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 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 cor- rected 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 Related Entities 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, Sub- contractors, 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 acceptabil- ity by Engineer; 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, 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 a all court or EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-24 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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, 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. 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 via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to 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, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 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 responsibili- ties 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 actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's 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. 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 in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-26 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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. 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 Docu- ments. 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 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. 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 believe 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.B. 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 respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all 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 require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-28 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 13.04.13. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under 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 notice 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) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount 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 12.01.13. A Claim for an adjustment in Contract Time 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). 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 10.05.13 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-29 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 include only the following items, and shall not include any of the costs itemized in Paragraph 11.0I.B. 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 at the Site. 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. 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 pay- ments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and Contractor and shall deliver sueh bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance 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 equip- ment, 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, 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. returns from sale of surplus materials and equipment shall f. Losses and damages (and related expenses) accrue to Owner, and Contractor shall make provisions so caused by damage to the Work, not compensated that they may be obtained. by insurance or otherwise, sustained by Contractor in connection with the performance 3. Payments made by Contractor to of the Work (except losses and damages within Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance required by Owner, Contractor shall obtain competitive established in accordance with Paragraph bids from subcontractors acceptable to Owner and 5.06. provided such losses and damages have EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 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, expresses, 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: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor- neys, 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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's 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 I LOLA and 11.01.13. C. Contractor's Fee: When all the Work is performed on the basis of cost -plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA 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. EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-31 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. 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 signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. 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 applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 12.01.13.2, 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 12.0I.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.01.A.3, the Contractor's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.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 11.01.A.4, i 1.0l.A.5, and 11.01.13; 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-32 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 contemplat- ed 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. 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 the Related Entities of each of them 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. All 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, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all 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; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract 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 acce tance of materials or e ui ment to r q p EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-33 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, it must, if requested by Engineer, be uncovered for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless 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 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 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-34 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 re- moved 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 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. 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 posses- sion 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 provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-35 payments and will be incorporated into a form of Applica- tion 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 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 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an experienced and qualified design 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 belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. 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 subse- quently discovered evidence or the results of subsequent EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-36 inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by 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 14.02.13) 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 furnish- ing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to 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 corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the 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 certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) 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 recommen- dation 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-37 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 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 condi- tions. 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 will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 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 substan- tially 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. 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 5.04.13.7; 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 or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-38 under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for 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, indicat- ing 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 docu- mentation, 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. 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 adjust- ment 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 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 EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700- expedient. complete the Work as Owner may deem C. If Owner proceeds as provided in Paragraph 15.02.13, 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, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed. 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, 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 becom final and binding. The mediation will be EJCDC C -700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-40 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 10.05.13 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 their 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: 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 Regula- tions, 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-41