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IP #839For the full report on City Council agenda packets and/or 0 0 0 Planning Commission R %0 ME � 323 PROJECT NO. 839 2008 Street & Infrastructure Item 8.3 10/22/07 Motion authorizing the preparation of a feasibility report for construction of a 2008 infrastructure project Item 8.5 11/26/07 Presentation and acceptance of the feasibility report; approving a resolution providing for Res. 07 -178 a public hearing to order a project, and authorizing the preparation of plans and specifications for the proposed 2008 infrastructure improvement project 839 Res. 08 -14 1/14/08 Resolution ordering the construction of public improvement no. 839 (2008 street and infrastructure improvement project) Res. 08 -38 2/25/08 Resolution approving plans and specifications and ordering advertisement for bids for public improvement no. 839 (2008 street and infrastructure improvement project) Res. 08 -63 4/14/08 Resolution Awarding contract for construction of public improvement no. 839 (2008 street and infrastructure improvement project) Res. 10 -25 01/25/10 Resolution declaring cost to be assessed, confirming preparation of proposed assessment, and calling for a public hearing in connection with the 2008 Street Infrastructure Improvement Project No. 839 Res. 10 -28 2/22/10 Resolution accepting the 2008 street infrastructure improvement project and approving the final payment request to S.R. Weidema Inc. (improvement project no. 839). Res. 10 -31 2/22/10 Resolution adopting assessments for improvement project no. 839 (2008 street and infrastructure improvements). 6% interest at 20 years COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Development and Public Works April 14, 2008 Plannin Item No. By: Guy Johnson & Shari French By: Kirk McDonald, City Manager 8.6 Resolution awarding contract for construction of public improvement No. j 839 (2008 street and infrastructure improvement project) Requested Action Staff requests approval of a resolution awarding contract for construction of public improvement No. 839 to the low and responsible bidder, S. R. Weidema Inc., in the amount of $2,166,835.15. This price is the total of the base bid of $1,543,022.25, plus alternate 1, $570,587.15; alternate 2, $13,275.00; and alternate 3, $39,950.75. The engineer's estimate for the base bid and the three alternates was $3,030,274. Alternate 1 is the proposed maintenance activities for portions of Gettysburg Avenue north of 45th Avenue. Alternate 2 is the removal of sediment from the Erickson Drive storm water pond inlets, and alternate 3 is the proposed Holiday Park improvements. 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. The city's street infrastructure management plan has identified this area for maintenance activities. Background The proposed 2008 infrastructure project will involve street and utility infrastructure work, and park improvements. The project will include Gettysburg Avenue between 42nd Avenue and the cul -de -sac north of 47th Avenue; Hillsboro Avenue between 45th Avenue and the cul -de -sac north of 47th Avenue; Independence Avenue between Gettysburg and 47th avenues; 47th Avenue between Flag Avenue and Independence Avenue; and 45th and 46th avenues between Hillsboro and Independence avenues for mainten activities in 2008, based upon the analysis of street condition ratings. Motion by �d= Second by I: \RFA \PUBWORKS \2008 \839 Award Contract.doc Request for Action April 14, 2008 Page 2 The improvement work for Holiday Park includes replacement of the bituminous trails, replacement of the wood portion of the play area edging and retaining wall, and the replacement of the existing concrete sidewalk around the park shelter. On November 26, 2007, the city engineer presented the feasibility report for the proposed 2008 infrastructure improvement project. Council reviewed the report and scheduled the public hearing for January 14, 2008. The city clerk notified the property owners regarding the proposed assessment project and the public hearing was held on January 14, 2008.After closing the public hearing, the Council ordered construction of the 2008 infrastructure improvement project. A public informational meeting concerning this project was held on Tuesday, January 15, 2008, Council approved plans and specifications and ordered advertisement for bids at the February 25 Council meeting. The proposed project schedule is: • Review bids and award contract on April 14, 2008 • Start construction in May /June 2008 Funding Bids were received from 15 firms on April 2, 2008, with the low bidder being S. R. Weidema Inc., at $2,166,835.15. In accordance with New Hope's assessment policy, the breakdown for estimated revenue sources from the feasibility report for the 2008 infrastructure project is: • Proposed assessment amount $253,211.60 • Street infrastructure fund $1,173,065.63 • Storm water fund $74,512.00 • Utility fund $612,820.17' Sub -total estimate $2,113,609.40 • Stor water fund (Erickson Wetland) $13,275.00 P ark infrastructure fund levy amount $39,950.75 Total $2,166,835.15 'BAs discussed during 2008 budget planning, the utility fund (water and sanitary sewer) will need to issue debt to fund its portion of the infrastructure cost. This potential debt issuance, which was preliminarily discussed at the March 17 work session, will be further discussed at the April 21 work session. Attachments The engineer's memorandum, copies of the bid tabulations, and the resolution awarding the contract are attached. I: \RFA \PUBWORKS \200 \ 839 Award Contract.doc RESOLUTION NO. 08- 63 City of New ]Elope RESOLUTION AWARDING CONTRACT FOR CONSTRUCTION OF PUBLIC IMPROVEMENT NO. 839 (2008 Street and Infrastructure Improvement Project) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of the 2008 Street and Infrastructure Improvement Proj ect No. 83 9 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 2:00 p.m. on the 2 day of April, 2008, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on the 6 day of March, 2008, and in The Construction Bulletin on the 10 and 17 days of March, 2008. 3. It is hereby found and determined by this Council that the bid of S. R. Weidema Inc. for the construction of said project in the amount of $2,166,835.15 is the lowest responsible bid submitted for the construction of said improvement; that Bonestroo, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law. Adopted by the City Council this r^ Attest: L.' � -) _ Valerie Leone, City Clerk 14` day of April, 2008. t r �,r Martin E. Opem r, a or P:\Attomey \SAS \t Client Files\2 City of New Hope \99 - 68391(08 street proj) \Resolution Awarding Contract.doc —1— 2335 Highway 36 W St. Paul, MN 55113 Tel 651-636-4600 Fax 651 -636 -1311 w, bs,honestroo.com 011 11: Honorable Mayor and City Counci City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 2008 Infrastructure Improvements Project City Project No. 839 Project No, 000034- 07202 -0 Bid Results Dear Honorable Mayor and City Council: FP Ono Bids were opened for the Project stated above on Wednesday, April 2, 2008 at 2 P.M. 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 15 Bids. The attached page summarizes the results of the Bids received. The low Bidder on the Project was S. R. Weidema, Inc. with a Total Base Bid Amount of $1,543,022.25, 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 S. R. Weidema, Inc. should be awarded the Project on the Total Base Bid Amount of $1,543,022.25. Should you have any questions, please feel free to contact me at 651 -604 -4938 Sincerely, -O '!• Jason P. Quisberg, P.E. 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Additional street /water main reconstruction 2. Wetland sediment removal 3. Holiday Park improvements 0 ALTERNATES 1/2 AVENUE NORTH f = o - Iz fter,natel #1 ■ Alternate #3 rt g 4 HOLIDAY PARK � ettysburg Ave — Holiday Park treetreconstruction improvements ■ Water main ■ Trail reconstruction �•- ■ Concrete walk replacement ° Alternate #1 replacement Y E } ■ Play area edging _ A VENU E NO.7 L IBS d 4 xIFIH ,I��x LEGEND AL7ERNw1'fE2 —c "� I t RBIGVE SE.; - r d MANN ■ Alternate #2 'b Wetland sediment r I eFF removal ywsxm uNe oe+oTCS a � �. 0 ALTERNATES 1/2 AVENUE NORTH f = o - Iz fter,natel #1 ■ Alternate #3 rt g 4 HOLIDAY PARK � ettysburg Ave — Holiday Park treetreconstruction improvements ■ Water main ■ Trail reconstruction �•- ■ Concrete walk replacement ° Alternate #1 replacement Y E } ■ Play area edging _ A VENU E NO.7 L s Bid Results 15 Bids received i • • Improvement Construction Cost Previous Estimate Alt #2 Base Bid $1,543,022.25 $2,082,051.00 SR Weidema Street $1,065,199.29 $1,478,015.00 f Water Main $380,551.46 $454,171.00 $1,611,781.97 Sanitary Sewer $46,311.50 $81,115.00 $2,288,700.05 Storm Sewer $50,960.00 $68,750.00 $638,783.71 Alternate #1 $570,587.15 $855,863.00 f Street Water Main $361,077.94 $148,524.21 $552,421.00 $198,387.00 ' $14,920.00 Sanitary Sewer $37,433.00 $72,335.00 Forest Lake Contracting Storm Sewer $23,552.00 $32,720.00 $44,637.75 Alternate #2 $13,275.00 $43,500.00 $1,676,355.22 Storm Sewer $13,275.00 $43,500.00 $2,385,018.80 Alternate #3 $39,950.75 $48,860.00 $665,559.90 Trails $31,310.05 $34,825.00 i Concrete Walk $5,227.25 $4,725.00 $9,973.00 Retaining Wall $3,413.45 $9,310.00 Nodland Construction PRO3ECT TOTAL $2,166,835.15 $3,030,274.00 $42,571.50 $2,457,666.40 10 Geilslinger &Sons $1,692,893.16 $715,571.40 $22,700.00 $57,733.75. $2,488,898.31 11 Kuechle Underground $1,807,335.40 $696,366.90 $9,340.00 $43,078.00 $2,556,120.30 12 LaTour Construction $1,836,802.55 $687,218.15 $8,425.00 $37,605.75 $2,570,051.45 13 RL Larson Excavating $1,820,898.10 $713,276.50 $14,100.00 $49,407.00 $2,597,681.60 14 Burschville Construction $1,860,668.19 $720,031.85 $18,400.00 $45,886.25 $2,644,986.29 15 CS McCrossan $2,059,204.60 $812,702.50 $16,260.00. $57,301.20 $2,945,468.30 i • • 3 Improvement Construction Cost Previous Estimate Alt #2 Base Bid $1,543,022.25 $2,082,051.00 SR Weidema Street $1,065,199.29 $1,478,015.00 f Water Main $380,551.46 $454,171.00 $1,611,781.97 Sanitary Sewer $46,311.50 $81,115.00 $2,288,700.05 Storm Sewer $50,960.00 $68,750.00 $638,783.71 Alternate #1 $570,587.15 $855,863.00 f Street Water Main $361,077.94 $148,524.21 $552,421.00 $198,387.00 ' $14,920.00 Sanitary Sewer $37,433.00 $72,335.00 Forest Lake Contracting Storm Sewer $23,552.00 $32,720.00 $44,637.75 Alternate #2 $13,275.00 $43,500.00 $1,676,355.22 Storm Sewer $13,275.00 $43,500.00 $2,385,018.80 Alternate #3 $39,950.75 $48,860.00 $665,559.90 Trails $31,310.05 $34,825.00 i Concrete Walk $5,227.25 $4,725.00 $9,973.00 Retaining Wall $3,413.45 $9,310.00 Nodland Construction PRO3ECT TOTAL $2,166,835.15 $3,030,274.00 3 Bidder Base Bid Alt #1 Alt #2 Alt #3 Total Low SR Weidema $1,543,022.25 $570,587.15 $13,275.00 $39,950.75 $2,166,835.15 2 Northdale Construction $1,611,781.97 $625,154.08 $13,099.12 $38,664.88 $2,288,700.05 3 Park Construction $1,601,064.61 $638,783.71 $8,987.00 $43,527.55 $2,292,362.87 4 Hardrives $1,617,511.37 $623,207.71 ' $14,920.00 $37,345.15 $2,292,984.23 5 Forest Lake Contracting $1,704,801.55 $608,500.26 $15,450.00 $44,637.75 $2,373,389.56 6 Northwest Asphalt $1,676,355.22 ' $660,753.08 $14,350.00 $33,560.50 $2,385,018.80 7 Hennen Construction $1,673,640.80 $665,559.90 $15,280.00 $36,676.00 $2,391,156.70 8 Redstone Construction $1,705,554.85 $644,664.27 $9,973.00 $35,850.25 $2,396,042.37 9 Nodland Construction $1,727,655.10 $667,839.80 $19,600.00 $42,571.50 $2,457,666.40 10 Geilslinger &Sons $1,692,893.16 $715,571.40 $22,700.00 $57,733.75. $2,488,898.31 11 Kuechle Underground $1,807,335.40 $696,366.90 $9,340.00 $43,078.00 $2,556,120.30 12 LaTour Construction $1,836,802.55 $687,218.15 $8,425.00 $37,605.75 $2,570,051.45 13 RL Larson Excavating $1,820,898.10 $713,276.50 $14,100.00 $49,407.00 $2,597,681.60 14 Burschville Construction $1,860,668.19 $720,031.85 $18,400.00 $45,886.25 $2,644,986.29 15 CS McCrossan $2,059,204.60 $812,702.50 $16,260.00. $57,301.20 $2,945,468.30 3 r r Funding Source Street Fund Storm Water Fund Utility Fund — Sanitary Utility Fund — Water Total Previous Est. $1,173,065.63 $1,666,219.50 $87,787.00 $144,970.00 $83,744.50 $153,450.00 $529,075.67 $652,558.00 Park Fund $39,950.75 $48,860.00 Assessments $253,211.60* $364,216.50 Total $2,166,835.15 $3,030,274.00 Any adjustment in the Assessment amount would be reflected accordingly in the street fund amount. Award ffnvc , % commendation • Weidema Base Bid $1,543,022.25 Alt #1 — Add'I street /water $570,587.15 main reconstruction Alt #2 — Wetland sediment $13,275.00 removal Alt #3 — Holiday Park $39,950.75 Improvements Total $2,166,835.15 0 Award Contract April 14, 2008 Start Construction Construction Completion Not Including Final Wear Course Complete Construction May /June 2008 • . 11• X 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com 9 • il: Mr. Scott Weidema S.R: Weidema, Inc. 17300 113 Avenue North Maple Grove, MN 55369 Re: City of New Hope, Minnesota 2008 Infrastructure Improvements Project City Project No. 839 Project No, 000034- 07202 -0 Contract Documents Dear Mr. Weidema; 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 S.R. Weidema, 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 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 ' in Illinois /Colorado 'Qualified Neutral Mediator under Rule 114 April 24, 2008 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: 2008 Street Project Our File No.: 99.68391 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, bonds and 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 P: \Attorney \SAS \l Client Files \2 City of New Hope °.99 - 68391(08 street proj) \Letter City Clerk - contracts.doc May 1, 2008 Mr. Scott Weidema S.R. Weidema, Inc. 17600 113" Avenue N. Maple Grove, MN 55369 SUBJECT: 2008 Infrastructure Improvements Project No. 839) Enclosed are two fully executed contract documents for New Hope Project No. 839. One contract set is for your records and the second set should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on April 14, 2008, for $2,166,835.15. 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. Should you have any questions regarding the project, please contact Jason Quisberg, City Engineer, at 651-604-4938. Sincerely, Valerie Leone City Clerk, CMC Enclosures — Contract, IC -134 cc: Steve Sondral ' 1, City Attorney (File No. 99.68391) Jason Quisberg, Assistant City Engineer (File No. 34-07202-0) Guy Johnson, Director of Public Works RAMMMN►.R* 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 ot WEIDEMA ` OP, INCO'RPORAT @'D ` 17600 113th Avenue North • Maple Grove, MN 55369 Phone: (763) 428 -9110 Fax: (763) 428 -9095 www.srweidema.com August 11, 2008 Jill Linnihan City of New Hope 4401 Xylon Ave N New hope, MN 55428 RE: 2008 Infrastructure Improvements Dear Jill, It has just come to my attention that we neglected to include the Investment Retainage Agreement when we returned the contracts to the City. Our policy is to open an Escrow Account for Retainage on jobs in excess of $2M. We currently have a number of these through TCF Bank and it has been running very smoothly. Please sign all three copies and return them to me. Once they have been signed by the Escrow Agent we will sign them and return a copy to you. Please feel free to call with any questions. Sincerely, �7 Donna Setter Controller Enclosures S R Weidema is an Equal Opportunity Employer INVESTMENT RETAINAGE AGREEMENT This Investment Retainage Agreement ( "Agreement ") is made and entered into as of the Seventh day of August, 20008 by and between the City of New Hope, MN a ( "Contracting Agency ") and S R Weidema, Incorporated ( "Contractor ") and IFMG Securities, Inc. ( "IFMGSI "). RECITALS WHEREAS, the Contracting Agency and the Contractor have executed a contract dated as of April 17, 2008 for the purpose of The 2008 Infrastructure Improvements ( "Project Contract "); and WHEREAS, the Project Contract provides that the Contracting Agency shall reserve as retainage an amount equal to 5% of the progress payments due the Contractor under the Project Contract pursuant to Minnesota Statutes Sections 15.71 through 15.74; and WHEREAS, the Contractor desires to avail itself of the deposit provisions of Minnesota Statutes Section 15.73; and WHEREAS, the Contracting Agency, the Contractor and IFMGSI mutually desire to enter into this Agreement in order to implement the statutory provisions. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the parties agree as follows: The Contractor will open a self - directed securities brokerage account ( "Account ") with IFMGSI for the purpose of depositing therein securities pursuant to this Agreement and Minnesota Statutes Section 15.73. The Account shall be designated as follows: S R Weidema, Incorporated in Retainage for City of New Hope Contractor will enter into IFMGSI's standard self- directed securities brokerage account agreement in connection with the Account ( "Brokerage Account Agreement "), and will be responsible for the payment of all commissions and fees under said agreement. IFMGSI (through its clearing and custody agent) will hold and maintain such securities as escrow agent for the parties in accordance with the terms of this Agreement and the Brokerage Account Agreement. IFMGSI will provide the Contracting Agency with copies of all statements and confirmations sent to the Contractor in connection with the Account. 2. Whenever the Contractor elects to substitute securities for all or any part of the amount, which has been retained by the Contracting Agency from partial payments due the Contractor under the Project Contract, the Contractor shall deposit such securities into the Account. The Contractor shall notify the Contracting Agency of the amount and type of securities being held in the Account. Upon receipt of such notification from the Contractor, the Contracting Agency shall release to the Contractor cash retainage in an amount equal to the amount of securities held in the Account, provided Contractor is otherwise in compliance with the Project Contract and has met the requirements of Minnesota Statutes Section 15.71 through 15.73. 3. Check whichever paragraph applies: Prior to release of the securities by the Contracting Agency under Section 5, the Contractor shall have the exclusive right to: order the purchase or sale of any securities in the Account, either before, at, or after maturity of the securities; order the reinvestment of any funds resulting from the sale of any securities in the Account; and to otherwise manage the Account and trade securities in the Account. In so doing, the Contractor shall comply with the requirements of the Project Contract and Section 8. However, prior to release of the securities by the Contracting Agency under Section 5, the Contractor shall not have the right to withdraw the securities or proceeds of the securities from the Account, except interest and dividends from the securities. Upon the maturity or redemption of any securities in the Account, the Contractor shall have the right to reinvest the proceeds in other securities meeting the requirements of Section 8. Other than reinvestment of the proceeds from matured or redeemed securities, the Contractor shall not have the right to sell or trade any securities prior to the time they have been released by the Contracting Agency under Section 5. Except as provided in Section 5, IFMGSI is not obligated to accept orders or instructions from any person other than the Contractor with respect to the Account or securities in the Account. IFMGSI does not undertake to advise the parties as to the purchase or sale of any security or otherwise provide investment advice to any party, and IFMGSI shall not be liable for any investment losses in the Account. In the event of the loss in value of any securities in the Account, the Contractor shall immediately deposit with IFMGSI (or its clearing and custody agent), in accordance with Section 2, securities with a value at least equal to the amount of such loss in value. IFMGSI shall not be responsible for assuring that any securities deposited into the Account or purchased with proceeds from the sale, maturity or redemption of any security in the Account meet the requirements of Section 8. IFMGSI shall not be charged with knowledge of, or be required to inquire as to the existence of, any default by the Contractor under the Project Contract. 4. The Contractor has assigned to the Contracting Agency the securities in the Account, and the proceeds from the sale, maturity or redemption of any securities in the Account, to secure performance under the Project Contract pursuant to that certain Assignment of even date herewith ( "Assignment "), and the Contracting Agency has delivered the Assignment to IFMGSI. IFMGSI (through its clearing and custody agent) agrees to hold all securities purchased, deposited or held in the Account, and to hold the Assignment, pursuant to this Agreement until such time as the Contracting Agency either: (i) gives IFMGSI written authorization in the form of Appendix A to this Agreement to deliver all or a portion of the securities or proceeds of the securities to the Contractor, or (ii) requests delivery of the securities and proceeds of the securities to the Contracting Agency by delivering to IFMGSI a written request in the Form of Appendix B to this Agreement. IFMGSI shall have no duty to inquire into the authenticity of such instructions or the authority of any person signing the instructions. With regard to clause (ii) above, IFMGSI shall have no duty to inquire into any default under the Project Contract but shall only have the duty to deliver to the securities and any proceeds of the securities to the Contracting Agency. 6. The Contracting Agency agrees to provide such written authorization in the form of Appendix A to IFMGSI, without request from IFMGSI or the Contractor, as required under the Project Contract. 7. IFMGSI shall not be bound by any agreement, including the Project Contract, between the Contractor and the Contracting Agency regardless of whether IFMGSI has knowledge of the existence of such agreement. IFMGSI's only duties or responsibilities shall be to hold (through its clearing and custody agent), invest (without giving investment advice), and release the securities and proceeds of the securities in the Account in accordance with the terms of this Agreement and the Brokerage Account Agreement. IFMGSI shall not be liable for any loss or damage suffered by the Contractor or the Contracting Agency, except as caused by IFMGSI's gross negligence or willful misconduct. In no event shall IFMGSI be liable for any indirect or consequential damages or loss of profit, even if IFMGSI had notice of the possibility of such damage or loss. The Contractor and the Contracting Agency, jointly and severally, shall indemnify and hold IFMGSI harmless from any claims, losses, damages and expenses, including reasonable attorney fees, incurred by IFMGSI and arising out of this Agreement including, without limitation, compliance by IFMGSI of any instructions from the Contractor for the purchase or sale of any security in the Account (including, but not limited to any party's compliance with section 8 hereof) or the release of any securities or proceeds of the securities in the Account pursuant to instructions from the Contracting Agency under Section 5. This liability and indemnity provision shall survive termination of this Agreement. 8. For purposes of this Agreement, the term "securities" shall be of the type described in Minnesota Statutes Section 15.73, subdivision 3, and approved by the State treasure, as follows: Bills, certificates, notes or bonds of the Unites States; ii. Other obligations of the United States or its agencies; iii. Obligations of any corporation wholly -owned by the federal government; or iv. Indebtedness of the Federal National Mortgage Association. 9. IFMGSI shall notify the Contractor and the Contracting Agency of any levy or claim made on the Account by third parties. 10. All dividend and interest income on any securities in the Account shall be the property of the Contractor and may be withdrawn from the Account by the Contractor upon its request. 11. The Contracting Agency and the Contractor agree that this Agreement shall in no way infringe on or restrict the rights of the Contracting Agency or the Contractor under the Project Contract. 12. Any notice given by any of the parties hereto shall be sufficient when made in writing and delivered in person or sent by registered mail or certified mail, return receipt requested, to the address set forth on the signature page or to such other address as the respective parties may hereafter designate. 13. In addition to this Agreement, Contractor shall be subject to all the terms and conditions of the Brokerage Account Agreement, including any commissions and fees provided for in said agreement. IFMGSI is not a party to nor bound by an instrument or agreement other than this Agreement and the Brokerage Account Agreement, and shall not be required to take notice of any default or any other matter, not be bound by, nor be required to give any notice or demand, nor be required to take any action whatever except as expressly provided herein. In the event of a conflict between this Agreement and the Brokerage Account Agreement, the Brokerage Account Agreement shall control. 14. This Agreement shall be governed by the laws of the State of Minnesota. 15. This Agreement shall be effective on the date it is executed by the parties hereto and shall remain in full force and effect until all of the securities deposited or held in the Account have been delivered to the Contracting Agency or released to the Contractor under Section 5. 16. IFMGSI may resign upon thirty (30) days advance written notice to the parties to this Agreement. If a successor agent is not appointed within the thirty (30) day period, IFMGSI may petition any court of competent jurisdiction to name a successor. IN WITNESS WHEEREOF, the parties have executed this Agreement as of the date and year above written. CONTRACTING AGENCY Ci By Its Address: 4401 Xylon Ave N New Hope, MN 55428 Attention: CONTRACTOR S R Weidema, Incorporated By Scott Weidema Its President Address: 17600 113" Ave N Maple Grove, MN 55369 Attention Donna Setter IFMGSI IFMG Securities, Inc. Address: 100 Manhattanville Rd Purchase, NY 10577 Letter Authorizing Release of Securities to Contractor Re: Investment Retainage Agreement Between S R Weidema, Incorporated ( "Contractor "), City of New Hope ( "Contracting Agency ") and IFMG Securities, Inc. Dated August 8,2008 Ladies /Gentlemen: You are hereby authorized and directed to immediately release to [Contractor) securities (or proceeds of securities) in the amount of $ pursuant to the above - referenced Investment Retainage Agreement. Yours truly, City of New Hope LM Its cc: S R Weidema, Incorporated Letter Demanding Release of Securities to Contracting Agency Re: Investment Retainage Agreement Between S R Weidema, Incorporated ( "Contractor "), City of New Hope ( "Contracting Agency ") and IFMG Securities, Inc. Dated August 8,2008 Ladies /Gentlemen: The undersigned, a duly authorized agent of City of New Hope ( "Contracting Agency "), hereby certifies as follows: S R Weidema, Incorporated April 17, 2008for 2008 Infrastructure Improvements ( "Project Contract "). 2. The Contracting Agency has notified the Contractor of its default and the intention of the Contracting Agency to request that securities (or proceeds of securities) held by IFMG Securities, Inc. (or its clearing and custody agent) be immediately turned over to the Contracting Agency pursuant to the above - referenced Investment Retainage Agreement. 3. The Contracting Agency is entitled to immediate possession of the securities (or proceeds of securities) deposited by the Contractor with IFMG Securities, Inc. in lieu of retainage under the Project Contract. IFMG Securities, Inc. is authorized and directed to immediately deliver to the Contracting Agency all securities (and proceeds of securities) held by IFMG Securities, Inc. (or its clearing and custody agent) pursuant to the above - referenced Investment Retainage Agreement. City of New Hope 0 Its cc: S R Weidema, Incorporated COUNCIL Originating Department Public Works $y: Guy Johnson on Approved for Agenda February 22, 2010 Kirk McDonald, Agenda Section Consent Item No. 6.4 Resolution accepting the 2008 street infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project no'. 839) Requested Action Staff recommends that Council approve a resolution to accept the 2008 street infrastructure improvement project 839 and authorize final payment to S. R. Weidema Inc. in the amount of $124,266.22. Background On November 26, 2007, the city engineer presented the feasibility report for the proposed 2008 infrastructure improvement project. Council reviewed the report and scheduled the public hearing for January 14, 2008. After closing the public hearing, the Council ordered construction of the 2008 infrastructure improvement project. A public informational meeting concerning this project was held on Tuesday, January 15, 2008. Council approved plans and specifications and ordered advertisement for bids at the February 25, 2008 Council meeting. A contract was awarded to S. R. Weidema Inc. in the amount of $2,166,835.15 on April 14, 2008. This price included three alternates. Alternate 1 was the maintenance activities for portions of Gettysburg Avenue, north of 45th Avenue. Alternate 2 was the removal of sediment from the Erickson Drive storm water pond inlets, and alternate 3 was Holiday Park improvements. The 2008 infrastructure project involved street and utility infrastructure work, and park improvements. The project included Gettysburg Avenue between 42nd Avenue and the cul -de -sac north of 47th Avenue; Hillsboro Avenue between 45th Avenue and the cul -de -sac north of 47th Avenue; Independence Avenue between Gettysburg and 47th avenues; 47th Avenue between Flag Avenue and Independence Avenue; and 45th and 46th avenues between Hillsboro and Independence avenues, for maintenance activities in 2008. Motion by ' 1 ,A Second by 10 O/ _ I: \ RFA \ PUBWORKS \ 2010 \ 839 Final.doc Request for Action February 22, 2010 Page 2 The improvement work for Holiday Park included replacement of the bituminous trails, replacement of the wood portion of the play area edging and retaining wall, and replacement of the existing concrete sidewalk around the park shelter. Funding S. R. Weidema Inc. originally bid $2,166,835.15 for the project. The final amount earned by S. R. Weidema Inc. was $1,979,030.44 or about 8.5% under the contract amount. Funding was from assessments, street infrastructure fund, storm water fund, and the utility fund. Attachments Attached are copies of the resolution, the engineer's memorandum recommending acceptance of the project, and the final pay request. I: \RF1 \PUBWORKS \2010 \839 Final.doc CITY OF NEW HOPE RESOLUTION NO. 10 -28 Resolution accepting the 2008 street infrastructure improvement project and approving the final payment request to S. R. Weidema Inc. (improvement project no. 839) WHEREAS, the city has entered into a contract with S. R. Weidema Inc. for construction of the 2008 street infrastructure project, and, WHEREAS, staff is recommending that the Council adopt a resolution to accept improvement project 839 and approve final payment to S. R. Weidema Inc. in the amount of $124,266.22; and, WHEREAS, the city engineer has reported that all work has been satisfactorily completed and recommends that final payment be made to S. R. Weidema 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 2008 street infrastructure project from S. R. Weidema Inc. 2. That the city manager is hereby directed to authorize the final payment of $124,266.22, to S. R. Weidema Inc. Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota this 22nd day of February, 2010. Mayor Z Attest: I /a 4A 4 City Clerk 2335 Highway 36 W St. Paul, MN 55113 Tel651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com February 15, 2010 Guy Johnson New Hope Public Works 5500 International Parkway New Hope, MN 55428 Re: 2008 Infrastructure Improvements - Final Payment Client Project No.: 839 Bonestroo File No.: 000034- 07202 -0 Dear Guy: O= All work on the 2008 Infrastructure Improvements project has been completed and the contractor, S.R. Weidema, has requested final payment. Enclosed find the final pay request in the amount of $124,266.22 and the required IC -134 forms for the project. The final contract amount is $2,166,835.15. The value of the work completed under the contract is $1,979,030.44, or $187,804.71 (8.7 %) less than the contract amount. The savings realized was due to less than anticipated quantities for a number of bid items. The most significant resulting from minimized driveway disturbances and the lack of need for stabilization materials under the roadway and for maintenance of access. We recommend final payment to S.R. Weidema in the amount of $124,266.22 for the 2008 Infrastructure Project at the February 22nd Council meeting. Please contact me at 651.604.4938 with any questions. Sincerely, Jason P. Quisberg, • Attachments: Final Pay Request IC -134 Forms owner: City of New Hope, 4401 Xylon Ave. N., New Hope, MN 55428 Date: Janu 18, 201 - or Period: 7/3/2009 to 1/18/2010 Request No: 9 AND FINAL - ontractor. S.R. Weidema, Inc., 17600 113th Ave. N., Maple Grove, MN 55369 CONTRACTOR'S REQUEST FOR PAYMENT 2008 INFRASTRUCTURE IMPROVEMENTS BONESTROO FILE NO. 000034-07202-0 CITY PROJECT NO. 839 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 �1 Approved by Contractor: S.R_ W EMA, INC. / $ 2,166,835.15 $ 0.00 $ 0.00 $ 2,1.66,835.15 $ 1,979,030.44 $ 0.00 $ 1,979,030.44 $ 0.00 $ 1,979,030.44 $ 1,854,764.22 $ 0.00 9 AND FINAL $ 124,266.22 Approved by Owner: F NEW HOPE .s Specified Contract Completion Date. Date: 3407202 -0RE09F INAI. ids No. Item BASE BID: 1 MOBILIZATION 2 CLEARING 3 GRUBBING 4 REMOVE WATER MAIN 5 REMOVE STORM SEWER PIPE 6 SANITARY SEWER SPOT REPLACEMENT 7 REMOVE CONCRETE WALK 8 REMOVE CONCRETE CURB AND GUTTER 9 REMOVE CONCRETE CURB AND GUTTER (SPECIAL) 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 11 REMOVE CONCRETE DRIVEWAY PAVEMENT 12 REMOVE CASTING 13 REMOVE HYDRANT 14 . REMOVE MANHOLE OR CATCH BASIN 15 SAWING BITUMINOUS PAVEMENT 16 COMMON EXCAVATION 17 GEOTEXTILE FABRIC, TYPE IV 18 SELECT GRANULAR BORROW (MODIFIED) 19 STREET SWEEPER WITH PICKUP BROOM 20 WATER 21 AGGREGATE BASE, CLASS 5 22 MILL BITUMINOUS PAVEMENT (1.5 ") 23 MILL BITUMINOUS PAVEMENT (SPECIAL) 24 RECLAIM BITUMINOUS PAVEMENT 25 TYPE LV 4 WEARING COURSE MIXTURE (B) 26 TYPE LV 4 WEARING COURSE MIXTURE (B), FOR DRIVEWAYS 27 TYPE LV 3 NON WEARING COURSE MIXTURE (B) 28 BITUMINOUS MATERIAL FOR TACK COAT 29 4" PERFORATED PVC DRAIN TILE 30 6" PERFORATED PVC DRAIN TILE 31 CONNECT DRAIN TILE TO STRUCTURE 32 4" DRAIN TILE STUB 33 4" DRAIN TILE CLEANOUT 34 6" DRAIN TILE STUB 35 6" DRAIN TILE CLEANOUT 36 IMPROVED PIPE FOUNDATION 37 REPAIR SANITARY SEWER SERVICE PIPE 38 RECONNECT WATER SERVICE 39 INSTALL HYDRANT & VALVE 40 ADJUST HYDRANT 41 ADJUST VALVE BOX 42 CONNECT TO EXISTING WATER MAIN 43 1" CORPORATION STOP 44 1 " CURB STOP AND BOX 45 6" GATE VALVE AND BOX 46 8" GATE VALVE AND BOX 47 1 " TYPE "K" COPPER WATER SERVICE 48 INSULATION, 2" THICK 49 TEMPORARY WATER SERVICE 50 6" DIP WATER MAIN, CLASS 52 51 8" DIP WATER MAIN, CLASS 52 52 DUCTILE IRON FITTINGS 53 INSTALL CASTING 54 2'X 3' CATCH BASIN 55 4' DIAMETER STORM CBMH 56 4.5' DIAMETER STORM SEWER MH 57 6' DIAMETER STORM SEWER MH 58 5.5' DIAMETER STORM SEWER MH 3407202 -0REQ9FINAL, ids Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LS 1 41000.00 1 541,000.00 TREE 52 225.00 18 $4,050.00 TREE 52 50.00 19 $950.00 LF 5226 2.16 5226 511,288.16 LF 16 25.00 63 $1,575.00 EA 1 2277.00 2 $4,554.00 SF 1510 016 2176 1 $348.16 LF 10190 2.30 10190 $23,437.00 LF 580 S.00 1430 $7,150.00 SY 1240 1.33 589 $783.37 SY 1670 2.33 1018 $2,371.94 EA 34 40.00 1 36 $1,440.00 EA 10 277.00 10 $2,770.00 EA 9 310.00 10 $ 3,100.00 LF 400 2.40 •70 127 $304.80 CY 14936 1.89 10838 $20,483.82 SY 20035 1.17 18756 $21,944.52 TN 13890 10.77 12378 $133,311.06 HR 75 75.00 5 38 $2,850.00 MG 200 25.00 190 $4,750.00 TN 11460 9.21 9475 $87,264.75 SY 825 7.00 825 $5,775.00 SY 402 8.00 402 $3,216.00 SY 25892 125 26473 533,091.25 TN 2565 48.00 2426 5116448.00 TN 170 .141.00 16 $2,256.00 TN 3685 46.00 3513 $161,598.00 GAL 1515 2.75 1260 $3,465.00 LF 820 930 750 $6,975.00 LF 2565 1030 3166 532,609.80 EA 9 210.00 11 $2,310.00 EA 9 85.00 12 $1,020.00 EA 6 80.00 7 $560.00 EA 26 110.00 23 $2,530.00 EA 17 107.00 18 $1,926.00 LF 250 010 $0.00 EA 10 1420.00 4 $5,680.00 EA 73 135.00 75 510,125.00 EA 10 3320.00 10 $33,200.00 EA 10 352.00 8 9 $3,168.00 EA 4 250.00 4 6 $1,500.00 EA 8 830.00 8 $6,640.00 EA 73 82.00 75 $6,150.00 EA 73 203.00 75 515,225.00 EA 13 985.00 16 $15,760.00 EA 6 1255.00 4 $5,020.00 LF 2325 26.00 2377 561,802.00 SY 100 15.50 $0.00 LS 1 15600.00 1 515,600.00 LF 3518 2735 4104 $112,244.40 LF 1708 28.65 1122 $32,14530 LB 6201 1.80 5628 510,13040 EA 34 427.00 23 37 515,799.00 EA 4 1138.00 4 $4,552.00 EA 1 2800.00 2 $5,600.00 EA 1 3025.00 1 S3,02500 EA 1 3975.00 1 53,975.00 EA 1 3620.00 1 53,620.00 3407202 -0REQ9FINAL, ids 3407202 -ORE 09FINAL. AS Contract Unit Current Quantity Amount No. item Unit Quantity Price Quantity to Date to Date 59 9' DIAMETER STORM SEWER MH EA 1 6088.00 1 86,088.00 60 10' DIAMETER STORM SEWER MH EA 1 8877.00 1 58,877.00 61 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 21 450.00 23 $10,350.00 62 12" RCP STORM SEWER, CLASS III LF 20 35.00 66 $2,310.00 63 12' PVC STORM SEWER, SDR 26 LF 43 25.00 43 $1,075.00 64 8618 CONCRETE CURB AND GUTTER LF 10190 8.50 10190 $86,615.00 65 CONCRETE CURB AND GUTTER - SPECIAL LF 580 14.00 1430 $20,020.00 66 4' CONCRETE WALK SF 1510 4.65 1150 $5,347.50 67 7" CONCRETE VALLEY GUTTER SY 115 39.35 86 $3,38410 68 8" HE CONCRETE DRIVEWAY PAVEMENT SF 1350 5.88 675 $3,969.00 69 6" CONCRETE DRIVEWAY PAVEMENT SF 15840 4.60 14463 $66,529.80 70 PEDESTRIAN CURB RAMP WITH TRUNCATED DOME EA 2 510.00 2 $1,020.00 71 TEMPORARY MAILBOXES LS 1 7850.00 1 $7,850.00 72 SODDING, LAWN TYPE SY 12935 2.35 14029 $32,968.15 73 PREMIUM TOPSOIL BORROW (LV) CY 1507 13.75 1392 $19,140.00 74 RELOCATE LIGHT STANDARD EA 5 850.00 $0.00 75 TRAFFIC CONTROL LS 1 2500.00 1 $2,500.00 76 PAVEMENT MESSAGE, LEFT TURN ARROW - PAINT EA 15 50.00 8 13 $650.00 77 PAVEMENT MESSAGE, RIGHT - THRU ARROW - PAINT EA 12 50.00 4 8 $400.00 78 PAVEMENT MESSAGE, THRU ARROW - PAINT EA 3 50.00 4 5 $250.00 79 24' SOLID STOP LINE (BAR), WHITE PAINT LF 72 2.00 48 72 $144.00 80 4" BROKEN LINE, WHITE PAINT LF 1920 0.20 380 1020 $204.00 81 12" SOLID LINE, YELLOW PAINT LF 645 2.00 96 311 $622.00 82 4" DOUBLE SOLID LINE, YELLOW PAINT LF 1200 0.40 1427 1827 $730.80 83 4" SOLID LINE, YELLOW PAINT LF 1500 0.20 500 $100.00 84 1 112" - 3" AGGREGATE TN 1000 26.50 $0.00 8S CHIMNEY SEAL EA 30 218.00 23 29 $6,322.00 86 SILT FENCE, MACHINE SLICED LF 300 2.55 124 $316.20 87 INLET PROTECTION, POST BITUMINOUS BASE EA 26 356.00 18 $6,408.00 88 INLET PROTECTION, EXPOSED SUBGRADE EA 12 85.00 8 $680.00 89 REMOVE DRIVEWAY PAVER SF 720 2.00 100 $200.00 90 INSTALL DRIVEWAY PAVER SF 720 5.00 100 $500.00 91 LOOP DETECTOR, SPECIAL EA 5 625.00 4 $2,500,00 TOTAL BASE BID: $1,418,538.28 ALTERNATE NO. 1 - GETTYSBURG /47TH AVENUE NORTH RECONSTRUCTION: 92 MOBILIZATION LS 1 1625.00 1 $1,625.00 93 CLEARING TREE 29 225.00 18 $4,050.00 94 GRUBBING TREE 29 50.00 16 $800.00 95 REMOVE WATER MAIN LF 2211 2.16 2215 $4,784.40 96 SANITARY SEWER SPOT REPLACEMENT EA 1 193000 1 51,930.00 97 REMOVE CONCRETE CURB AND GUTTER LF 4450 1.50 4450 $6,675.00 98 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 115 2.00 129 $258.00 99 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1125 2.00 658 $1,316.00 100 REMOVE CASTING EA 15 40.00 15 $600.00 101 REMOVE HYDRANT EA 3 220.00 4 $880.00 102 REMOVE MANHOLE OR CATCH BASIN EA 2 271.00 2 $542.00 103 SAWING BITUMINOUS PAVEMENT LF 100 3.00 70 70 $210.00 104 COMMON EXCAVATION CY 5416 1.89 4333 $8,189.37 105 GEOTEXTILE FABRIC, TYPE IV SY 8307 1.1.5 8270 $9,510,50 106 SELECT GRANULAR BORROW (MODIFIED) TN 5170 10.60 5457 $57,844.20 107 STREET SWEEPER WITH PICKUP BROOM HR 25 75.00 4 1 $825.00 108 WATER MG 100 25,00 18 $450.00 109 AGGREGATE BASE, CLASS 5 TN 4340 . 9.41 4028 $37,903.48 110 RECLAIM BITUMINOUS PAVEMENT SY 7130 1.10 7466 $8,212.60 111 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 625 52.80 607 $32,049.60 112 TYPE LV 4 WEARING COURSE MIXTURE (B), FOR DRIVEWAYS TN 32 142.00 5 5710.00 113 TYPE LV 3 NON WEARING COURSE MIXTURE (B) TN 840 47.00 852 S40,04400 114 BITUMINOUS MATERIAL FOR TACK COAT GAL 365 2.75 305 $838.75 3407202 -ORE 09FINAL. AS 3407202- OREQ9F W AL. xis Contract Unit Current Quantity Amount No. Item Unit Quantity Price Quantity to Date to Date 115 4" PERFORATED PVC DRAIN TILE LF 1035 9.30 1226 $11,401.80 116 6" PERFORATED PVC DRAINTILE LF 1725 10.30 1034 $10,650.20 117 CONNECT DRAIN TILE TO STRUCTURE EA 6 225.00 6 $1,350.00 118 4" DRAIN TILE STUB EA 9 85.00 15 $1,275.00 119 4" DRAIN TILE CLEANOUT EA 6 80.00 10 $800.00 120 6" DRAIN TILE STUB EA 20 11000 15 $1,650.00 121 6" DRAIN TILE CLEANOUT EA 11 167.00 7 $749.00 122 IMPROVED PIPE FOUNDATION LF 100 010 $0.00 123 REPAIR SANITARY SEWER SERVICE PIPE EA 4 1015.00 1 $1,015.00 124 RECONNECT WATER SERVICE EA 43 115.00 44 $5,060.00 125 INSTALL HYDRANT & VALVE EA 3 3200.00 4 $12,800.00 126 CONNECT TO EXISTING WATER MAIN EA 2 715.00 2 $1,430.00 127 1" CORPORATION STOP EA 43 82.00 44 $3,608.00 128 1" CURB STOP AND BOX EA 43 203.00 44 $8,932.00 129 6" GATE VALVE AND BOX EA 5 985.00 7 $6,895.00 130 8" GATE VALVE AND BOX EA 1 1255.00 $0.00 131 1" TYPE "K" COPPER WATER SERVICE LF. 1375 26.00 1323 $34,398.00 132 INSULATION, 2" THICK SY 100 17.00 $0.00 133 TEMPORARY WATER SERVICE LS 1 6665.00 1 $6,665.00 134 6" DIP WATER MAIN, CLASS 52 LF 1869 22.00 2215 $48,730.00 135 8" DIP WATER MAIN, CLASS 52 LF 342 26.00 $0.00 136 DUCTILE IRON FITTINGS LB 1161 1.70 1492 $2,536.40 137 INSTALL SELF SEALING CASTING EA 4 488.00 4 $1,952.00 138 INSTALL CASTING EA 11 458.00 6 11 $5,038.00 139 8.5' DIAMETER STORM SEWER MH EA 1 7500.00 1 $7,500.00 140 10' DIAMETER STORM SEWER MH EA 1 8877.00 1 $8,877 141 CONNECT EXISTING PIPE TO STORM STRUCTURE EA 9 450.00 9 $4,050.00 142 6" CONCRETE DRIVEWAY PAVEMENT SF 9500 4.70 7083 $33,290.10 143 8618 CONCRETE CURB AND GUTTER LF 4450 8.50 4450 $37,825.00 144 TEMPORARY MAILBOXES LS 1 3000.00 1 $3,000.00 145 RELOCATE LIGHT STANDARD EA 5 850.00 1 $850.00 146 CHIMNEY SEAL EA 9 225.00 4 9 $2,025.00 141 INLET PROTECTION, POST BITUMINOUS BASE EA 7 356.00 9 $3,204.00 148 INLET PROTECTION, EXPOSED SUBGRADE EA 8 85.00 $0.00 149 SILT FENCE, MACHINE SLICED LF 300 2.55 $0.00 150 SODDING, LAWN TYPE SY 7165 235 5551 $13,044.85 151 PREMIUM TOPSOIL BORROW (IV) CY 838 13.75 783 $10,766.25 152 1 112 ". - 3" AGGREGATE TN 400 27.20 $0.00 153 TRAFFIC CONTROL LS 1 700.00 1 $700.00 TOTAL ALTERNATE NO. i - GETTYSBURG /47TH AVENUE NORTH RECONSTRUCTION: $512,315.50 ALTERNATE NO.2 - ERICKSON WETLAND SEDIMENT /DELTA REMOVAL 154 MOBILIZATION LS 1 2000.00 1 $2,000.00 155 TRAFFIC CONTROL LS 1 250.00 1 $250.00 156 INLET PROTECTION, POST BITUMINOUS BASE EA 4 425.00 $0.00 157 MUCK EXCAVATION CY 500 18.65 621 $11,581.65 TOTAL ALTERNATE N0. 2 ERICKSON WETLAND SEDIMENT /DELTA REMOVAL: $13,831.65 ALTERNATE NO. 3 - HOLIDAY PARK IMPROVEMENTS: 158 MOBILIZATION LS 1 3000.00 1 $3,000.00 159 TRAFFIC CONTROL LS 1 250.00 1 $250.00 160 REMOVE CONCRETE CURB AND GUTTER LF 60 3.00 57 $171.00 . 161 REMOVE EXISTING WOOD WALL LF 123 4,15 123 $510.45 162 REMOVE BITUMINOUS TRAIL SY 475 2.65 475 51,258.75 163 RELOCATE BENCH EA 2 760.00 2 $1,520.00 164 REMOVE CONCRETE WALK SY 75 240 56 $134.40 165 COMMON EXCAVATION CY 190 10.00 190 51,900.00 166 B618 CONCRETE CURB AND GUTTER LF 60 16.88 57 5962.16 167 4" CONCRETE SIDEWALK SF 875 465 600 $2,790.00 3407202- OREQ9F W AL. xis No. 168 169 170 171 172 173 174 175 176 177 Item 6" PVC STORM PIPE CONCRETE PLAY AREA EDGING TYPE LV4 WEARING COURSE MIXTURE, FOR TRAIL AGGREGATE BASE, CLASS 5 PEDESTRIAN CURB RAMP WITH TRUNCATED DOME INSTALL IRRIGATION SERVICE SEEDING PREMIUM TOPSOIL BORROW (LV) SILT FENCE, MACHINE SLICED INLET PROTECTION, POST BITUMINOUS BASE TOTAL ALTERNATE NO. 3 - HOLIDAY PARK IMPROVEMENTS: TOTAL BASE BID: TOTAL ALTERNATE NO. 1 - GETTYSBURG /47TH AVENUE NORTH RECONSTRUCTION: TOTAL ALTERNATE NO.2 - ERICKSON WETLAND SEDIMENT /DELTA REMOVAL: TOTAL ALTERNATE N0.3 - HOLIDAY PARK IMPROVEMENTS: TOTAL WORK COMPLETED TO DATE $1,418,538.28 $512,315.50 $13,831.65 cue :ZnS m y 1,7/ 7,Uau.44 3407202- OREQ9FINAL.)ds Contract Unit Current Quantity Amount Unit Quantity Price Quantity to Date to Date LF 20 18.20 20 $364.00 LF 123 18.00 123 $2,214.00 TN 125 77.00 107 $8,239.00 TN 260 13.45 200 $2,69000 EA 3 510.00 3 $1,530.00 EA 1 271S.00 1 $2,715.00 AC 0.4 3750.00 0.4 $1,500.00 CY 200 13.75 135 135 $1,85625 LF 300 2.55 $0.00 EA 3 370.00 2 $740.00 $34,345.01 TOTAL BASE BID: TOTAL ALTERNATE NO. 1 - GETTYSBURG /47TH AVENUE NORTH RECONSTRUCTION: TOTAL ALTERNATE NO.2 - ERICKSON WETLAND SEDIMENT /DELTA REMOVAL: TOTAL ALTERNATE N0.3 - HOLIDAY PARK IMPROVEMENTS: TOTAL WORK COMPLETED TO DATE $1,418,538.28 $512,315.50 $13,831.65 cue :ZnS m y 1,7/ 7,Uau.44 3407202- OREQ9FINAL.)ds PROJECT PAYMENT STATUS OWNER CITY OF NEW HOPE CITY PROJECT NO. 839 BONESTR00 FILE NO. 000034- 07202 -0 CONTRACTOR S.R. WEIDEMA, INC. CHANGE ORDERS No. Date. Description Amount Total Change Orders PAYMENT SUMMARY Nn_ From To Pavment Retainaue Completed 1 04/1812008 06/02/08 155,663.00 8,192.79 163,855.79 2 06/03/2008 07/02/08 323,354.21 25,211.43 504,228.64 3 07/03/2008 08/04/08 287,136.18 40,323.86 806,477.25 4 08/05/2008 09/08/08 563,389.02 69,975.92 1,399,518.33 5 0910912008 10/13/08 303,320.81 85,940.17 1,718,803.39 6 10/14/2008 01/12/09 38,502.27 87,966.60 1,759,332.09 7 01/13/2009 03/06/09 13,140.06 88,658.19 1,773,163.74 8 03/07/2009 07/02109 170,258.67 97,619.17 1,952,383.39 9 AND FINAL 07/03/2009 01/18!10 124,266.22 1,979,030.44 Material on Hand Total Payment to Date $1,979,030.44 Original Contract $2,166,835.15 Retainage Pay No. 9 AND FINAL Change Orders Total Amount Earned $1,979,030.44 Revised Contract 32,166,835.15 34 07202-ORE 09F- I NA L. AS I VI III- Contractor's Withholding Affidavit Confirmation " I: h ix.r; , C- 1.4n t! f' I. I;, f0f volli 1f t�cvi sub mil a t t.?(1}! (31 11 "111, page io the project owner to ti -CC I "E° Vom litial p a,vmfE�:w Confirmation number Project owrier Project number Project begin date Project end date Project location Subcontractors 287300 Wed flog 1i; 1 ; 'I.'39 C�'l :)()0P CITY OF l' NC: ,)PC 1003 April 2008 September 2009 2003 INFRASTRUCI URE - NEW HOPE, IAN ACE BLACKTOP, INC. 257318 RIVARD CONTRACTING, INC. 276743 HIGHWAY TECHNOLOGIES, INC. 284870 BITUMINOUS ROADWAYS, INC. 278003 CREATIVE CURB Ll_C 276797 EGAN COMPANY 270317 RAY JORDAN & SONS, INC. 276203 III ips: /Avvv«" III tIdor•. state. In11, us /Nvc /actio /wtlt I at loll l'rifit 11/18/20 vage 1 01 1 I �,Cl J N. ESOTA - REV Contractor's Withholding Affidavit Confirmation ACE BLACKTOP INC ID 6670809 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 257318 Tue ju107 10:23:35 CDT 2009 Project owner CITY OF NEW HOPE Project number 2008 infrastruc Project begin date May 2008 Project end date March 2009 Project location NEW HOPE Subcontractors No subcontractors listed. httns://www.iiindoi-,state.mn,us/wc/action/confirniatioiiP 7/7/2009 I U) / I / wr. U1 U 7 1Q. 40 (01 .N t 1'\2 NI �, , 7- A • r, I' VI \. 1, 1 1 Contractor's Withholding Affidavit Confirmation RIVARD CONTRACTING INC CENTRAL WOOD PRODUCTS pGase keep this information for your records. MIVt111 wuu� jr) 5348252 3AM4 a COPY Of lhiS page to the business that hired you to r(-Ceille your fill31 p"'IyFrIclit ConWnution number Project owner Project number Projett begin data Project end date Project location ,SUbco ntractors 276743 Man Od 12 09 35 35 GOT 200- CITY OF NEW HOPE 1603 May 2008 January 2009 2008 INFRASTRUCTURE - NEAN HOPE', MN No su bcontractors listed Page I of I h aps W\vww, in nd onst attf. m n. u sAvc/acti on/corifi rill -,16 Oil P ri III 10/1 2/2009 . � Nt ES 01EA " & F/E N�� p^� | Minnesota Revenue Home | Contact Us Help | Contractor's Withholding Affidavit Confirmation HIGHWAY TECHNOLOGIES |NC ID 5194523 Please keep this information for your records. To prin or save this page, use your browser's print or save function, Do not use your bmnsn/s back button. Submit a copy of this page m the business that hired you xo receive your final payment Confirmation number 284870 Tue Nov 10 12:26:11 CST 2009 Project owner Pro number Project begin date Project end date Project location Subcontractors CITY OF NEW HOPE cP83S April 2008 October 2008 2OD8 INFRASTRUCTURE NEW HOPE MN No subcontractors listed. Min Department ur Revenue |sRep�vacyamLum |u:e of infmmmion |l |U�o0" h�p� ''xox mndnr�(aic mnu��c'ncUnn'procr�� ' _ VC t . I). ZVV7 1 1 1 1 3mly) () I L U III 1 11 V U ' 1% V CL U W d y S , 1 11 C, -NUNNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation BITUMINOUS ROADWAYS INC ID 8225235 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 Proj owner Project number Project begin date Project end date Project location Subcontractors 278003 Thu Oct 15 10:53 CDT 2009 CITY OF NEW HOPE 1603-04 August 2008 June 2009 2008 INFASTRUCTURE - NEW HOPE No subcontractors listed. to l i,� � o q �T Tt� • B F--B (rG -9o9.� INU. LtLi)j F, I Page 1 of I In n i)s /wc/,qctinn/cc)nfl rnintion Print I n1 I smf)q Page I of I MINNESOTA- REVENUE Contractor's Withholding Affidavit Confirmation CREATIVE CURB LLC ID 3623244 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 Project owner Project number Project begin date Project end date Project location Subcontractors 276797 Mon Oct 12 10 16 43 CDT 2009 CITY OF NEW HOPE 1603-05 September 2008 July 2009 NEW HOPE, MN No subcontractors listed- httr)s://wwNv,n 10/12/2009 2'd SG0682t 1-22st-RLOC 3an - - , L'80:OT 6002-C-T-il-,'D 1%J/ VA; 4VV� V I. VW r nl, I 00Oo I�JQV C!JC111 uUmpolly 1yJ VV I/ VV I Page I of I MtN REVENUE Contractor's Withholding Affidavit Confirmation EGAN COMPANY ID 3806304 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 Project owner Project number Project begin date Project end date Project location Subcontractors 276317 Fri Oct 09 08:59:44 CDT 2009 CITIY OF NEW HOPE 1603 Auqust2008 September 2008 2008 INFRASTRUCTURE - NEW HOPE No subcontractors listed, hitos: / /wwuf.mndo state rru7 .us /wc /actioniconfrmationPrint 1 0/9/2009 1u/02 15: 10 6127862355 RAY JURDAH AND SONS fIALIL U1 Page I of I ,'01 M 4 FSO - FA -R1-VF1N!IJ 1: Contractor's Withholding Affidavit Confirmation RAY JORDAN & SONS INN ID 4799188 Please keep this information for your records Sub a copy of this page to the- business that hired you to receive Your final payment. Confirmation number Project owner Project number Project begin date Ptojef,t end date Project location Subcontractors 2 -/76263 Thu OCt 08 18:48:57 CDT 2009 CITY OF NEW HOPE 1603 September 2008 October 2008 2008 INFRASTRUCTURE - NEW HOPE, MN NQ G UbCOn tractors listed, 10/8/2009 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 P. Quisberg, P.E. Date: February 25, 2008 Reg. No. 44315 END OF DOCUMENT 000034 - 07202 -0 0 2008 Bonestroo PROFESSIONALCERTIRCATIONS DOCUMENT 00010 TABLE OF CONTENTS 2008 INFRASTRUCTURE IMPROVEMENTS CITY PROJECT NO. 839 PROJECT NO. 000034-07202-0 NEW HOPE, MINNESOTA il: Introductory Information 00005 Professional Certifications 00010 Table of Contents Bidding Requirements 00100 Advertisement for Bids 00200 Instructions to Bidders 00300 Information Available to Bidders Braun Intertec Boring Location Sketch and Logs of Borings 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 - 07202 -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 02341 Geotextile Soil Stabilization 02510 Water Main 02515 Water Services 02530 Sanitary Sewer Pipe 02535 Sanitary Sewer Services 02630 Storm Drainage 02635 Subsurface Drainage 02720 Aggregate Base Course 02740 Plant Mixed Asphalt Pavement Bonestroo Modified MnDOT Spec. 2360/2350 Combined 02766 Pavement Markings 02770 Concrete Curb and Gutter 02775 Concrete Walks and Driveways 02890 Traffic Signs and Signals 02920 Lawns and Grasses 02965 Full Depth Reclamation END OF DOCUMENT 000034- 07202 -0 © 2008 Bonestroo 00010 -2 TABLE OF CONTENTS DOCUMENT 00100 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, until 2 P.M., C.D.S.T., Wednesday, April 2, 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: 2008 Infrastructure Improvements, City Project No. 839 In general, Work consists of the following approximate quantities: 7,200 LF Residential Street Reconstruct, Incl. removals, concrete curb and gutter, bituminous pavement, aggregate base, driveway aprons, sodding, etc. 3,300 LF Street Mill and Overlay and Reclaim and Pave 5,000 LF Striping, incl. Pavement Marking 20,000 CY Common Excavation, off -site 7,500 LF DIP Water Main Replacement, Incl. hydrants, valves, fittings, services etc. 1 LS Temporary Water Service 6,200 LF Storm Sewer Replacement, incl. structures, drain tile, etc. 1,300 LF Park Trails Reconstruction, incl. concrete pedestrian ramps 500 CY Sediment Delta Removal The estimated construction cost for this Project is $3,000,000. 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 $75.00. 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 - 07202 -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. .' •'1 i :1111 �• 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 - 07202 -0 © 2008 Bonestroo 00200 -1 INSTRUCTION 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 - 07202 -0 0 2008 Bonestroo 00200 -2 INSTRUCTION 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 - 07202 -0 © 2008 Bonestroo 00200 -3 INSTRUCTION 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 - 07202 -0 © 2008 Bonestroo 00200 -4 INSTRUCTION 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. 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. 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 - 07202 -0 © 2008 Bonestroo 00200 -5 INSTRUCTION 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. 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 000034- 07202 -0 © 2008 Bonestroo 00200 -6 INSTRUCTION TO BIDDERS 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. 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. 000034 - 07202 -0 © 2008 Bonestroo 00200 -7 INSTRUCTION TO BIDDERS 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. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Bid Unit Price With Alternates A. Bidders shall submit a Bid on a Bid Unit Price for each Bid Item of Work listed in the Bid Form and include a separate price for each Alternate described in the Bidding Documents as provided for in the Bid Form. The price for each Alternate will be the amount added to the Base Bid if Owner selects the Alternate. In the evaluation of Bids, Owner may select any combination of Alternates or the Owner may choose not to accept any Alternate Bids. 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. D. Bids will be compared on the basis of the "Adjusted Total Base Bid" and this amount will be the basis for determining the lowest Bidder. The sum of the Total Base Bid and any combination of Alternates accepted by the Owner will determine the "Adjusted Total Base Bid." The Owner may choose to not accept any Alternate Bids. 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. 000034 - 07202 -0 © 2008 Bonestroo 00200 -8 INSTRUCTION TO BIDDERS 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. 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. 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. ARTICLE 19 — EVALUATION OF BIDS AND AWARD OF CONTRACT 19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive, responsible, qualified Bidder determined by the Adjusted Total Base Bid. 000034 - 07202 -0 © 2008 Bonestroo 00200 -9 INSTRUCTION TO BIDDERS 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. 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. 000034 - 07202 -0 © 2008 Bonestroo 00200 -10 INSTRUCTION TO BIDDERS 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 - 07202 -0 © 2008 Bonestroo 00200 -11 INSTRUCTION TO BIDDERS DOCUMENT 00300 1 •' � • � � 1 � C • i li i ' 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 - 07202 -0 0 2008 Bonestroo INFORMATION AVAILABLE TO BIDDERS IN `4J J 724 732 / 4471 4467 44Gt Z, 3, t,4 d 4/- 479D LEGO 4 RC.QNSTr C... (_;+._f_ 0 % ` 477 :,.... "RECLAI ©DOO' 016 MILL & OV *DASHED LINE PROJECT ALT 0921 r 1124 4742 4717 4730 4740 4712 4104 46 4670 N "" 46 m m n 4660 P 4651 4E 4659 4640 464k 41 1649 ��, 464! 4639 4641 i1 4633 '�� 46N 41 4525 4629 4G }t 4 4624 Sfit7 4610 4 4616 4609 4600 4601 4609 z 4 ,\+�\ 46 D 4601 y�,� ( c N T 9fD9 4 90 4564 f�> CA Denotes Approximate location of Standard .11= {l P ml e l netration Test Boring Boring Location Sketch Proposed Pavement Reconstruction Project New Hope, Minnesota INT I DATE 3HEET �Ra�1i 61`. SAM 2/1212008 1 OF JOBNO. SP- 0800418 1 MG. N I FIGU;ENO. S=Ev None - - - - - i 1 L.-- y -7 r A 1jZ1014 /' /0 RW �� B n n u ,, f NTE RTEC LOG OF BORING Braun Project SP -08 -00418 BORING: ST -1 Pavement Evaluation L.00A E'ION: See attached sketch New Hope Pavement Improvements New 14ope New hope, Minnesota DRILLER. 1 Clrermak METHOD: 3 IM LISA. Autolunr DAME"-: 2/11/08 SCALE: 1 Depth feet ASTM Description of Materials BPF WL- rests or Notes M Symbol (ASTM D2488 or D7487) PAV 8 1/2" OfBitttnlinotis over 7" of Aggregate Base I.; 2.0 FILL FILL: Silty Sand, fine- to medium- grained, trace of'Gravel, brown, frozen. CL SANDY LEAN CLAY, trace of Gravel, grayish- brown, frozen, 38 hard 4.0 (Glacial Till) C .I. � LEAN CLAY, grayish - brown, moist, medium (Glacial Till) 9 6.0 END OF BORING Water not observed with 4 1/2 feet of hollow - steal auger in the ground — Water not observed to cave -in depth of'4 feet immediately after withdrawal of' auger Boring then backfilled SI' - - 00418 ortion miericc t=orpomiton "t - i page 1 01 1 S R A U SIA INTFRTFC LOG OF BORING Braun Project SP -08 -00418 BORING: ST - 2 Pavement Evaluation LOCATION: See attached sketch. New Hope Pavement Improvemelrts New Hoge New Hoge, Minnesota DRILI. E- R: 1 Chcrmal; ILBE, f I [C)i 3 l/4" 11SA, Arru>hrm DA I Ii.; 2/11/08 SCA1 L•.: V = 4' Depth feet AS I M Description of Materials 131 W L I es €s or Notes 0.0 Symbol (AS TM M D2488 or u2487) I }AV 5" ol`Bituminor:s over 9" of Aggregate Base 1.2 PILL FILL: Poorly Graded Sand with Sift, line- to medium- grained, 0 truce of Gravel, brown, frozen. 18 FILL FILL: Poorly Graded Sand fine- to medium- grained, trace of' Gravel, light brown, frozen. 4.0 FILL FILL; Poorly Graded Sand, fine- to medium- grained, trace of Gravel and Dyer of gray Sandy Lean Clay, light brown, very loos G.0 END OF BORING Water not observed with 4 1/2 fect of hollow -stern auger in the ground — Water not observed to cave -in depth of'' 1/2 i'eet irmhhediateiy after i xvithdrawal of aLEger i Boring then baciclilied i 1 i 3 a_ n 5 3 a— 7 J n T p l >1 -c w c c i• G E S1 08.004 18 brain imenec Corporation ., - I q� ,: ,. INTERTEC LOG OF BORING Braun Project SP--08 -00418 BORING: ST -3 Pavement Evaluation LOCATION: Sec attached sketch New Hope Pavement Improvements New Hope New I -lope, Minnesota DR11,1ER: I C'hermalt ME HOD: 3 t /q" 1ISA. Aiitolimr DA I C: 2111/08 SCAT -•E: 1" = 4' Depth feet ASTM Description of Materials BIT WL rests or Notes 0.0 Symbol (ASTM D2488 or D2.187) 0.t3 PAV 5" of'BitnminOUS over 5" of'Aggregatc Base. F1LL. FILL: Poorly Graded Sand with Silt, fine- to medium- grained, 7,0 trace of'Gravel, dark brown, frozen. FILL FILL.: Silty Sand, fine- to medium- grained, trace of Gravel, brown, frozen 37 4.0 (, "f- SANDY 1-.I"-',AN CLAY, twice of Gravel, grayish- brown, \vct, moist (Glacial "Till) 8 G.0 END OF BORING Water not observed with 4 1/2 feet of -stern anger in the ground Water not observed to cave -in depth of 4 feet immediately after withdrawal ofauger. Boring then backClled. S € -08 -00418 1=011 InWilcc a rixrr llml 3 ! -J ptui;e 1 All B RAU N" ' I NTE RTEC LO OF BORING Braun Project SP-08-00418 � BORING: ST -4 Pavement Evaluation LOCATION: See attached sketch New I - Tope Pavement Improvements New I-Tope New I -tope, Minnesota DRIL.L.ER: ) Chermak METHOD: 3 1 /d" 1ISA, Au1c31tmr DATE: 2111/08 SCALL: 1" _ 4' Depot feet ASTM Description of Materials I3I'F Wi l Tests or Notes 0A Sym bol (AS`I•Ivl D2488 or D2487) 1.1 PA \f 4" at Bituminous over t)" of Aggregate Base FILL, FIL.L.: Silty Sund, fine- to medium- grained, truce of Gravel, brown, Frozen. y 6t) SC CLY SAND. fine- to medium- grained, truce ol'Gravel, AYE redciislt- brown, frozen, hard. 4.0 (Glacial - bill) CI_ SANDY LEAN CLAY, reddish-brown, wet, moist (Glacial 'Fill) — il 6.0 END OF BORING Water not observed with 4 1/2 feet of hollow -stem auger in the – ground Water not observed to cave -in depth of 4 113 feet immediately after withdrawal of'auger r Boring then backfilled i i 7 J c 7 7 7 SP -O8 -00418 13raun lnteriec C'orpuratron a 1 -4 page i 01 i THIS BID IS SUBMITTED TO: City of New Hope City Hall 4401 Xylon Avenue North New Hope, MN 55428 -4898 BIDDER: S.R. Weidema, Inc. DOCUMENT 00410 BID FORM 2008 INFRASTRUCTURE IMPROVEMENTS CITY PROJECT N0, 839 PROJECT NO. 000034 - 07202 -0 NEW HOPE, MINNESOTA 2008 f �• 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 3 as - Q15049 3. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D, Bidder has 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 - 07202 -0 © 2008 Bonestroo 00410 -1 BID FORD' 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. 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, H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 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. 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. C. 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- 07202 -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.B 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 BASE BID: 1 MOBILIZATION LS 2 CLEARING TREE 3 GRUBBING TREE 4 REMOVE WATER MAIN LF 5 REMOVE STORM SEWER PIPE LF 6 SANITARY SEWER SPOT REPLACEMENT EA 7 REMOVE CONCRETE WALK SF 8 REMOVE CONCRETE CURB AND GUTTER LF 9 REMOVE CONCRETE CURB AND GUTTER LF 10 $ �rf.+,° (SPECIAL) 10 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 11 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 12 REMOVE CASTING EA 13 REMOVE HYDRANT EA 14 REMOVE MANHOLE OR CATCH BASIN EA 15 SAWING BITUMINOUS PAVEMENT LF 16 COMMON EXCAVATION CY 000034- 07202 -0 © 2008 Bonestroo 00410 -3 BID FORM 52 $ 5,226 $ 1 $ 1,510 $ $ �l lra 10,190 $ $ 3_^tl3? 580 $ �' $ c2} 9a " 1,240 $ /. $ 24IV5wz' 1,670 $ $ 31391. JG 34 $ $ 1 ✓ " 10 $ �rf.+,° $7 ,�� 9 $ 3 /C3 — $ 400$ j� $ 40 14,936 $ $ D� 000034- 07202 -0 © 2008 Bonestroo 00410 -3 BID FORM No, Item Units Qty Unit Price Total Price 17 GEOTEXTILE FABRIC, TYPE IV SY 20,035 $ /• 1 $ ra�3, -Yyo, 18 SELECT GRANULAR BORROW (MODIFIED) TN 13,890 $ ld 77 $ 1A19 - T? -S, 19 STREET SWEEPER WITH PICKUP BROOM HR 75 $ 7 $ 20 WATER MG 200 $ $ 21 AGGREGATE BASE, CLASS 5 TN 11,460 $ 9 $ ,/O. "S�G�, L Z, 22 MILL BITUMINOUS PAVEMENT (1.5 ") SY 825 $ 7 $ 23 MILL BITUMINOUS PAVEMENT (SPECIAL) SY 402 $ 8 $ 3 Q G 24 RECLAIM BITUMINOUS PAVEMENT SY 25,892 $ /- $ 3q .3(� — 25 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 2,565 $ S °` $ loo - -, 26 TYPE LV 4 WEARING COURSE MIXTURE (B), TN 170 $ 1 ( $ 0�3 , 9 FOR DRIVEWAYS 27 TYPE LV 3 NON WEARING COURSE MIXTURE TN 3,685 $ - - (B) 28 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,515 $ a�•� ��' $ °�)C.�,a 29 4" PERFORATED PVC DRAIN TILE LF 820 $ 4 1- 50 $ 30 6" PERFORATED PVC DRAIN TILE LF 2,565 $ ' 101 30 $ 31 CONNECT DRAIN TILE TO STRUCTURE EA 9 $ eA/b ® $ zI 5 32 4" DRAIN TILE STUB EA 9 $ $ 'lG 33 4" DRAIN TILE CLEANOUT EA 6 $ ®' $ d/ 34 6" DRAIN TILE STUB EA 26 $ $ ra��G0 35 6" DRAIN TILE CLEANOUT EA 17 36 IMPROVED PIPE FOUNDATION LF 250 $ $ -- 37 REPAIR SANITARY SEWER SERVICE PIPE EA 10 $ $ 38 RECONNECT WATER SERVICE EA 73 $ / $ 39 INSTALL HYDRANT & VALVE EA 10 $ 3 $ d 000034- 07202 -0 0 2008 Bonestroo 00410 -4 BID FORM No. Item Units Qty Unit Price Total Price 40 ADJUST HYDRANT EA 10 $ 3:51 ° $ .:56 — 41 ADJUST VALVE BOX EA 4 $ g ; 1 -'50' $ / 000 -- 42 CONNECT TO EXISTING WATER MAIN EA 8 $ 830 °- $ /v I(- S D "' 43 1" CORPORATION STOP EA 73 $ 1 - 44 1 "CURB STOP AND BOX EA 73 $ $ 45 6" GATE VALVE AND BOX EA 13 $ $ 0 46 8" GATE VALVE AND BOX EA 6 $ $ 47 1" TYPE "K" COPPER WATER SERVICE LF 2,325 $ $ 48 INSULATION, 2" THICK SY 100 $ /.a' 5"d $ - - 49 TEMPORARY WATER SERVICE LS 1 $ ��? ' $ zj;/--0 - � 50 6" DIP WATER MAIN, CLASS 52 LF 3,518 $ 3 4?P7,3 � 51 8" DIP WATER MAIN, CLASS 52 LF 1,708 $ G $ '18 52 DUCTILE IRON FITTINGS LB 6,201 $ A $ l /. /1' 53 INSTALL CASTING EA 34 $ 54 2'X 3' CATCH BASIN EA 4 $ $ 55 4' DIAMETER STORM CBMH EA 1 $ C:Mo " $ 0 - 56 45 DIAMETER STORM SEWER MH EA 1 $ 3nRu 57 6' DIAMETER STORM SEWER MH EA 1 $ 3 �� ' $ 39 7.5 - 58 5.5' DIAMETER STORM SEWER MH EA 1 $ -3&ca; ° $ 3 &, :;o --- 59 9' DIAMETER STORM SEWER MH EA 1 $ 60,63 $ Z'0 - 60 10' DIAMETER STORM SEWER MH EA 1 $ 88 $ 6977 - 61 CONNECT EXISTING PIPE TO STORM EA 21 $ $ STRUCTURE 62 12" RCP STORM SEWER, CLASS III LF 20 $ 1 $ 7 e y 000034- 07202 -0 © 2008 Bonestroo 00410 -5 BID FORM No. Item Units Qty Unit Price Total Price 63 12" PVC STORM SEWER, SDR 26 LF 43 $ — $ >67.s '°' 64 8618 CONCRETE CURB AND GUTTER LF 10,190 $ 5 -0 $ iNi 4/ y ° 65 CONCRETE CURB AND GUTTER - SPECIAL LF 580 $ $ 9w?0 °° 66 4" CONCRETE WALK SF 1,510 $ `l�. lo� $ 7Oc?.�, 1" 67 7" CONCRETE VALLEY GUTTER SY 115 $ 68 8" HE CONCRETE DRIVEWAY PAVEMENT SF 1,350 $ -:f. S8 $ -57 950 69 6" CONCRETE DRIVEWAY PAVEMENT SF 15,840 $ $ W . , 864 70 PEDESTRIAN CURB RAMP WITH TRUNCATED EA 2 $ $ DOME 71 TEMPORARY MAILBOXES LS 1 $ 72 SODDING, LAWN TYPE SY 12,935 $ �- ✓� $ 73 PREMIUM TOPSOIL BORROW (LV) CY 1,507 $ 13. 74 RELOCATE LIGHT STANDARD EA 5 $ 8:50 ' $ 75 TRAFFIC CONTROL LS 1 $ "2,10 $ ��n " 76 PAVEMENT MESSAGE, LEFT TURN ARROW - EA 15 $ �5 ® $ � PAINT 77 PAVEMENT MESSAGE, RIGHT - THRU ARROW - EA 12 $ 50 $ 600 PAINT 78 PAVEMENT MESSAGE, THRU ARROW - PAINT EA 3 $ -TO ® $ 79 24" SOLID STOP LINE (BAR), WHITE PAINT LF 72 $ CP $ i-71il - 80 4" BROKEN LINE, WHITE PAINT LF 1,920 $ ' o? $ 095 81 12" SOLID LINE, YELLOW PAINT LF 645 $ c5 — $ j c7 0 0 °- 82 4" DOUBLE SOLID LINE, YELLOW PAINT LF 1,200 $ / $ `Sr 83 4" SOLID LINE, YELLOW PAINT LF 1,500 $ , do $ oof7) — 84 1 1/2" - 3" AGGREGATE TN 1,000 $ So $ Q 76 -Too- 85 CHIMNEY SEAL EA 30 $ 000034- 07202 -0 © 2008 Bonestroo 00410 -6 BID FORM No. Item Units Qty Unit Price Total Price 86 SILT FENCE, MACHINE SLICED 87 INLET PROTECTION, POST BITUMINOUS BASE 88 INLET PROTECTION, EXPOSED SUBGRADE 89 REMOVE DRIVEWAY PAVER 90 INSTALL DRIVEWAY PAVER 91 LOOP DETECTOR, SPECIAL 95 TOTAL BASE BID 000034 - 07202 -0 © 2008 Bonestroo 00410 -7 LF EA EA SF SF EA 300 $ cP, S" ' $ a t- ,-.._.._. ALTERNATE NO, i - GETTYSBURG /47TH $ /6?-5 � AVENUE NORTH RECONSTRUCTION: 92 MOBILIZATION 93 CLEARING 94 GRUBBING 95 REMOVE WATER MAIN 96 SANITARY SEWER SPOT REPLACEMENT 97 REMOVE CONCRETE CURB AND GUTTER 98 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 99 REMOVE CONCRETE DRIVEWAY PAVEMENT 100 REMOVE CASTING 101 REMOVE HYDRANT 102 REMOVE MANHOLE OR CATCH BASIN 103 SAWING BITUMINOUS PAVEMENT 104 COMMON EXCAVATION 105 GEOTEXTILE FABRIC, TYPE IV 000034 - 07202 -0 © 2008 Bonestroo 00410 -7 LF EA EA SF SF EA 300 $ cP, S" ' $ a t- ,-.._.._. 1 $ / $ /6?-5 � 12 $ � $ /O 720 $ $ 720 $ �3 "_ $ 3 LOGO 5 $ $ 3 1-�S $ q79 -SS7 $ 1 .5� C>2-7, ;? LS 1 $ / $ /6?-5 � TREE 29 $ aZZ5 $ b i TREE 29 $ 5 $ ) Z) LF 2,211 $ a7. 1 $ q79 -SS7 EA 1 $ $ _ - LF 4,450 $ A SZ' $ GG�� "- SY 115 $ SY 1,125 $ EA 15 $ °y® - $ EiOfa ° EA 3 $ c�7 - $ EA 2 $ 0 $ �"obi — LF 100$ 5 $ 300- CY 5,416 $ $ c2 S 8,307 $ J.O $ _ �"� 3.d.5 -- BID FORM I No. Item Units Qty Unit Price Total Price 106 SELECT GRANULAR BORROW (MODIFIED) TN 5,770 $ /V -4,C3 $ /G..:? — 107 STREET SWEEPER WITH PICKUP BROOM HR 25 $ - 7,:i — $ 108 WATER MG 100 $ I? $ 109 AGGREGATE BASE, CLASS 5 TN 4,340 $ 9 $ 110 RECLAIM BITUMINOUS PAVEMENT SY 7,130 $ b/6 $ 78 tf3 " 111 TYPE LV 4 WEARING COURSE MIXTURE (B) TN 625 $ $ "33, Doc3 112 TYPE LV 4 WEARING COURSE MIXTURE (B), TN 32 $ $ - 'S`/4 - FOR DRIVEWAYS 113 TYPE LV 3 NON WEARING COURSE MIXTURE TN 840 $ 1 4 - 2 $ q g 9C (B) 114 BITUMINOUS MATERIAL FOR TACK COAT GAL 365 $ d . ?�'' $ Je30 3 115 4" PERFORATED PVC DRAIN TILE LF 1,035 $ 9. $ 96 a • -5 116 6" PERFORATED PVC DRAINTILE LF 1,725 $ /G • 3® $ 1 ,7G'7, : :5 - � 117 CONNECT DRAIN TILE TO STRUCTURE EA 6$ $ 13,5� 118 4" DRAIN TILE STUB EA 9 $ $ - 119 4" DRAIN TILE CLEANOUT EA 6 $ $ 4 I - &C - 120 6" DRAIN TILE STUB EA 20 $ )/0 _ $ c z?®c - 121 6" DRAIN TILE CLEANOUT EA 11 $ Jej ® $ 122 IMPROVED PIPE FOUNDATION LF 100 $ do $ 123 REPAIR SANITARY SEWER SERVICE PIPE EA 4$ /0%§"® $ --/060 124 RECONNECT WATER SERVICE EA 43 $ /447 — $ °-)9q,5 " 125 INSTALL HYDRANT & VALVE EA 3 $ 3,9 $ 960 126 CONNECT TO EXISTING WATER MAIN EA 2 $ /_-° $ /` 1 127 1 " CORPORATION STOP EA 43 $ g - $ , n2& — 000034 - 07202 -0 © 2008 Bonestroo 00410 -8 BID FORM No. Item Units Qty Unit Price Total Price 128 1 " CURB STOP AND BOX EA 43 $ X03 " $ y'70? 9 — 129 6" GATE VALVE AND BOX EA 5 $ 9 $ 1 ;;'J 130 8" GATE VALVE AND BOX EA 1 $ $ J,;?, 5" 131 1 " TYPE "K" COPPER WATER SERVICE LF 1375 $ $ 3��;C ,'7JZP 132 INSULATION, 2" THICK SY 100 $ J 7 $ / y0c °- 133 TEMPORARY WATER SERVICE LS 1 $ lilal��- "^ $ 444,5" 134 6" DIP WATER MAIN, CLASS 52 LF 1,869 $ 135 8" DIP WATER MAIN, CLASS 52 LF 342 $ $ -- 136 DUCTILE IRON FITTINGS LB 1,161 $ '7 $ 1 9-75, 26 137 INSTALL SELF SEALING CASTING EA 4 $ $ 1 7 �3 -- 138 INSTALL CASTING EA 11 $ $ -'50S& ° -° 139 8.5' DIAMETER STORM SEWER MH EA 1 $ 7 Apo"® $ 7,5 140 10' DIAMETER STORM SEWER MH EA 1 $ ~ $ �77 141 CONNECT EXISTING PIPE TO STORM EA 9 $ �/5�� $ STRUCTURE 142 6" CONCRETE DRIVEWAY PAVEMENT SF 9,500 $ $ �(, 5 " 143 B618 CONCRETE CURB AND GUTTER LF 4,450 $ 9 $ 144 TEMPORARY MAILBOXES LS 1 $ 3000— $ -- 145 RELOCATE LIGHT STANDARD EA 5 $ $ 146 CHIMNEY SEAL EA 9 $ c?Q-5- ^ $ c� ®" 147 INLET PROTECTION, POST BITUMINOUS BASE EA 7 $ 3 5Cr - $ o?e7l9 148 INLET PROTECTION, EXPOSED SUBGRADE EA 8 $ 6467 $ 6 -- 149 SILT FENCE, MACHINE SLICED LF 300 $ aZ - $ 74 150 SODDING, LAWN TYPE SY 7,165 $ P 3,25 -. 03'.7.'2 $ A- . , 037.2 , 5 - 000034 - 07202 -0 © 2008 Bonestroo 00410 -9 BID FORM ' No. Item Units Qty Unit Price Total Price 151 PREMIUM TOPSOIL BORROW (LV) Cy 838 $ $ SZ 152 1 112" - 3" AGGREGATE TN 400 $ .) 153 TRAFFIC CONTROL LS 1 $ 70 $ `70 �- TOTAL ALTERNATE NO. 1 - GETTYSBURG /47TH AVENUE NORTH RECONSTRUCTION ALTERNATE N0. 2 - ERICKSON WETLAND SEDIMENT /DELTA REMOVAL: 154 MOBILIZATION LS 1 $ ct�f -tea $ 6��Oo 155 TRAFFIC CONTROL LS ' 156 INLET PROTECTION, POST BITUMINOUS BASE EA 4$ $ I WO " 157 MUCK EXCAVATION Cy 500 $ / . /i:7 $ 93Q-5 ' -' TOTAL ALTERNATE NO. 2 - ERICKSON $ 7,j WETLAND SEDIMENT /DELTA REMOVAL ALTERNATE N0.3 - HOLIDAY PARK IMPROVEMENTS: 158 MOBILIZATION LS 1 $ 3 c�oc ° $ 3®c�0 159 TRAFFIC CONTROL LS 1 $ 0 °- $ 160 REMOVE CONCRETE CURB AND GUTTER LF 60 $ -3 '- $ -- 161 REMOVE EXISTING WOOD WALL LF 123 $ /-5 $ :5 "'j 162 REMOVE BITUMINOUS TRAIL Sy 475 $ $ 163 RELOCATE BENCH EA 2 $ 7/� '° $ 164 REMOVE CONCRETE WALK Sy 75 $ cp �0 $ l� - 165 COMMON EXCAVATION Cy 190 $ /©" $ 166 B618 CONCRETE CURB AND GUTTER LF 60 $ /(s• 9O $ /®/� 167 4" CONCRETE SIDEWALK SF 875 $ ` b-5 $ Z1®1,ej 000034 - 07202 -0 © 2008 Bonestroo 00410 -10 BID FORM I No. Item Units Qty Unit Price Total Price 168 6" PVC STORM PIPE 169 CONCRETE PLAY AREA EDGING 170 TYPE LV4 WEARING COURSE MIXTURE, FOR 260$ 13. 4-5 TRAIL 171 AGGREGATE BASE, CLASS 5 172 PEDESTRIAN CURB RAMP WITH TRUNCATED 0.4 $ '3I J " DOME 173 INSTALL IRRIGATION SERVICE 174 SEEDING 175 PREMIUM TOPSOIL BORROW (LV) 176 SILT FENCE, MACHINE SLICED 177 INLET PROTECTION, POST BITUMINOUS BASE TOTAL ALTERNATE NO.3 - HOLIDAY PARK IMPROVEMENTS LF LF TN TN EA EA AC CY LF EA 20 $ /9 - - 7 6 $ :3(o- 123 $ '/5 $ 03 ? '/ — 125 $ `7 7 -_ $ gJ (, 2-5- -_. 260$ 13. 4-5 $ 3 q97 3 $ $ ) 530 0.4 $ '3I J " $ /JV ,:9 — 200 $ )3. $ a - 7.YC 300 $ cP. —r-1 $ 3 $ 3 - 1" 0 '" $ 000034 - 07202 -0 © 2008 Bonestroo 00410-11 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.6 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 on April 2, 20 08 If Bidder Is: An Individual Name (typed or printed): (Individual's signature) Doing business as: Business Street Address (No P,O. Box #'s): Phone No.: Fax No.: (SEAL) 000034- 07202 -0 © 2008 Bonestroo 00410 -12 BID FORM A Partnership Partnership Name: By: (Signature of general partner) A Corporation Name (typed or printed): Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: Corporation Name: S.R. Weid Inc. (SEAL) State of Incorporation: Minnesota Type (General Business Professional, Service, Limited Liability): General Business By: Name (typed or printed): Title: (Signature) Scott Weidema President Attest N/A (CORPORATE SEAL) (Signature of Corporate Secretary) Business Street Address (No P.O. Box #'s): 1 113th Avenue North Phone No.: 7 63- 428 -9110 Maple Grove, MN 55369 Fax No.: 763- 428 -9095 000034 - 07202 -0 © 2008 Bonestroo 00410 -13 BID FORM A Joint Venture Joint Venture Name: By: (Signature of joint venture partner) Name (typed or printed): Title: 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- 07202 -0 0 2008 Bonestroo 00410 -14 BID FORM 1 • . • AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE S.R. Weidema Inc. 17600 113th Avenue North, Maple Grove, MN 55369 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 4401 Xylon Avenue North, New Hope, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount 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 2008 Infrastructure Improvements, City Project No. 839 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd day of April , 2008 S.R. Weidema, Inc. (P "ncipaf) (Seat) BV: � AIA DOCUMENT A310 • BID BOND 0 AIA • FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Scott Weidema President (Title) ACKNOWLEDGEMENT OF CORPORATION State of MINNESOTA ) ss. On this - 2nd day of April 20 08 County of HENNEPIN before me appeared Scott Weidema to me personally known, who, being by me duly sworn, did say that he is th of S.R. WEIDEMA, 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 Scott Weidema acknowledged said instrument to be the free act and deed of said corporation. Notary Public County, L. FRENCH My commission expires NOTARY PUBLIC -1AjNNr-sOTA MY Cun`*82103 EONS Jan, 31, 201@ ACKNOWLEDGEMENT OF CORPORATE SURETY State of MINNESOTA ) ) ss. On this , 2nd 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 she is the Attorney-in-Fact of WESTERN SURETY COMPANY corporation, that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was executed in behalf of said corporation by authority of its Board of Directors; and that said Donald R. Olson 11 acknowledged said instrument to be the free act and deed of said corporation. L. FRENCH 1 � Notary Public N NOT OTARY "UC County, y CC, $W0 E*res Jan 31 & My commission expires m 'm E*rs Ja . 3 , M D W Sur C 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, 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 16th day of November, 2006. a�suREry'W WESTERN SURETY COMPANY �`Q/ apq j °l -N 4 +^iv a •t`,Sf AV ' a�� Paul 4 Senior Vice President State of South Dakota ss County of Minnehaha On this 16th day of November, 2006, 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 }4Ay6M4SM604S444SS444hh44 } s D. KRELL +' November 30, 2012 r SEAS NOTARY PUBLIC 5 i s SOUTH DAKOTA s f'h+a4h4 b�sANh4tih4b yhh 4'whSh 4 A-44 7"" D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 2nd _ day of April , 2008 �S y i <��,5�.•_ .,��: WESTERN SURETY COMPANY `aec�Q,FOggl� n lY� sa f AVp L. Nelson, Assistant Secretary 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 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. CV H CCU • -4 w N h 'N U I \ • \, O O M w U N vl `� 0 o � N s m 0 y O U DOCUMENT 00520 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope, Minnesota (hereinafter called Owner) and S.R. Weidema, 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: municipal utility and street improvements. 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: 2008 Infrastructure Improvements Project for the City of New Hope, Minnesota, City Project No. 839 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 street and utility work, except for milling and wear course paving, will be completed on or before November 7, 2008. B. If the corresponding Alternate is awarded, all excavation (sediment delta removal) at the wetland immediately west of Erickson Drive shall be completed on or before March 6, 2009. C. Any remaining restoration work shall be completed on or before May 15, 2009. D. All milling and wear course paving shall be completed on or before July 3, 2009. E. 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 July 24, 2009. 000034 - 07202 -0 00520 -1 © 2008 Bonestroo 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. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds as follows: For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit for an Original Contract Amount of Two Million One Hundred Sixty -Six Thousand Eight Hundred Thirty -Five Dollars and Fifteen Cents ($2,166,835.15) for the Total Base Bid, Alternate No. 1, Alternate No. 2, and Alternate No. 3. 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 - 07202 -0 00520 -2 © 2008 Bonestroo 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.B5 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. 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 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 - 07202 -0 00520 -3 © 2008 Bonestroo 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. ARTICLE 9 - CONTRACT DOCUMENTS 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: 2008 Infrastructure Improvements 7. Addendum (Number One, inclusive). 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- 07202 -0 00520 -4 Oc 2008 Bonestroo 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 - 07202 -0 00520 -5 C 2008 Bonestroo 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 April 17 , 2008 (which is the Effective Date of the Agreement). Owner: City of NrHope. Minnesota Address for giving notices: r • I : , . I NEW HOPE, MN s Contractor: S.R. Weidema. In By: Sc t Weidema, President Attest Address for giving notices: moo //'�M a& /I License No. (Where applicable) Designated Representative: Name: Z Title: e21 G Address: Phone: Facsimile: 1 7C , ''j _�gcg Designated Representative: Name: 6&& F',d Title: /Y). /1 r. Address: 0 1563�7� Phone: 76 3 4a g 9110 Facsimile: END OF DOCUMENT 000034- 07202 -0 00520 -6 0 2008 Bonestroo AGREEMENT FORM Designated Representative: Name: ` lGrd7oaj Title: LM2�� Address: 176x 11,E �h � Wlq Phone: Facsimile: 7� .� /01 / V25 101 :��C� : U! ► ►I1 Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. WEIDEMA INC. 17600 113th Ave. No. Maple Crove,,MN 55369 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope, MN 55428 SURETY (Name and Address of Principal Place of Business): WESTERN SURETY COMPANY 101 So. Phillips Avenue Sioux Falls, SD 57117 -5077 CONTRACT Date: April 17, 2008 Amount: $2,166,835.15 Two Million One Hundred Sixty-Six Thousand Eight Hundred Thirty-Five and 15/100* Description (Name and Location): 2008 Infrastructure Improvements Project /City Project No. 839 BOND Bond Number: 929450127 Date (Not earlier than Contract Date): April 17, 2008 Amount: $2,166,835.15 Two Million One Hundred Sixty Thousand Eight Hundred Thirty and 15/100* Modifications to this Bond Form: None 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: S .R. WE I DEMA � Signature: // / (Seal) Name and Title: Scott Wei dema, President (Space is provided below for signatures of additional parties, if required.) CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: (Seal) SURETY WESTERN SURETY COMPANY Surety's Name and Corporate Seal By: Signature an Title LinO ench, Attorney - in - Fact (Attach Power of Attorney) Attest: I LA . - '( V_y11f_)V f I Signature and T tle Nicole 01 son, Surety Account Rep SURETY Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) (Seal) EJCDC No. C -610 (2002 Edition) Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects. 00610 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 1 If there is no Owner Default, Surety's obligation under this Bond shall arise after: 3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owners right, if any, subsequently to declare a Contractor Default; and 3.2. Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and 3.1 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; 6. After Owner has terminated Contractor's right to complete the Contract, and i Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities c Surety to Owner shall not be greater than those of Contractor under the Contract, an the responsibilities of Owner to Surety shall not be greater than those of Owner undo the Contract. To a limit of the amount of this Bond, but subject to commitment b Owner of the Balance of the Contract Price to mitigation of costs and damages on tl: Contract, Surety is obligated without duplication for: 6.1. The responsibilities of Contractor for correction of defective Work an completion of the Contract; 6.2. Additional legal, design professional, and delay costs resulting fror Contractor's Default, and resulting from the actions or failure to act c Surety under Paragraph 4; and 6.3. Liquidated damages, or if no liquidated damages are specified in tt Contract, actual damages caused by delayed performance or nor performance of Contractor. 7. Surety shall not be liable to Owner or others for obligations of Contractor that W unrelated to the Contract, and the Balance of the Contract Price shall not be reduced c set off on account of any such unrelated obligations. No right of action shall accrue c this Bond to any person or entity other than Owner or its heirs, executor administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contra or to related subcontracts, purchase orders, and other obligations. 2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any con of competent jurisdiction in the location in which the Work or part of the Work 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and located and shall be instituted within two years after Contractor Default or within tw at Surety's expense take one of the following actions: years after Contractor ceased working or within two years after Surety refuses or fai to perform its obligations under this Bond, whichever occurs first. If the provisions c 4.1. Arrange for Contractor, with consent of Owner, to perform and complete this paragraph are void or prohibited by law, the minimum period of limitatic the Contract; or available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4.2. Undertake to perform and complete the Contract itself, through its agents 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addre: or through independent contractors; or shown on the signature page. 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 11. When this Bond has been furnished to comply with a statutory requirement in it location where the Contract was to be performed, any provision in this Bor conflicting with said statutory requirement shall be deemed deleted herefrom at provisions conforming to such statutory requirement shall be deemed incorporate herein. The intent is that this Bond shall be construed as a statutory bond and not as common law bond. 12. Definitions. 111 Balance of the Contract Price: The total amount payable by Owner f Contractor under the Contract after all proper adjustments have bet made, including allowance to Contractor of any amounts received or to t received by Owner in settlement of insurance or other Claims for damagi to which Contractor is entitled, reduced by all valid and proper paymen made to or on behalf of Contractor under the Contract. 12.2. Contract: The agreement between Owner and Contractor identified on ti signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of Contractor, which has neither bee remedied nor waived, to perform or otherwise to comply with the terms the Contract. 12.4. Owner Default: Failure of Owner, which has neither been remedied n waived, to pay Contractor as required by the Contract or to perform ar complete or comply with the other terms thereof. FOR INFORMATION ONLY — Name, Address and Telephone Cobb Strecker Dunphy & Zimmermann Surety A or Broker 150 So. 5th St. Ste. #2800 Y g enc Y Minneappolis MN 55402 Owner's Representative (engineer or other party) 612.349.240b 00610 -2 ', Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): S.R. WEIDEMA, INC. 17600 113th Ave. No. Maple Grove, MN 55369 OWNER (Name and Address): CITY OF NEW HOPE 4401 Xylon Avenue North New Hope MN 55428 CONTRACT' Date: April 17, 2008 SURETY (Name and Address of Principal Place of Business): WESTERN SURETY COMPANY 101 So. Phillips Avenue Sioux Falls, SO 57117 -5077 Amount: $2,166,835.15 Two Million One Hundred Sixty -Six Thousand Eight Hundred Thirty -Five and 15/100** Description (Name and Location): 2008 Infrastructure Improvements Project /City Project No. 839 BOND Bond Number: 929450127 Date (Not earlier than Contract Date): April 17, 2008 Amount: $2,166,835.15 Two Million One Hundred Sixty - Six Thousand Eight Hundred Thirty - Five and 15/100 ** Modifications to this Bond Form: YES Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Company: S.R. WE I DEM Signature: (Seal) Name and Title: Scott Wei dema, President (Space is provided below for signatures of additional parties, if required.) C� WESTERN SURETY COMPANY (_Seal) Surety's Name and Corporate S eal By: Signature and Title Linda k. French, Attorney (Attach Power of Attorney) Attest: OA 1 11 Signature and Title Nicole Olson, Surety Account Rep CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: J[ r Surety's Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title: (Seal) EJCDC No. C -615 (2002 Edition) originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General ::ontractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors. (Seal) 00615 -1 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non - payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with Contractor: I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed Iabor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient corn Par raph 6 of thi nd.is deleted in its entirety and * ge g acea i th t o �� n� � 4, the Surety shall n: en a C�aimant as _ ie e n icons o a promptly and at Surety's expense take the following actions: 6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used f the performance of the Contract and to satisfy claims, if any, under aj performance bond. By Contractor furnishing and Owner accepting this Bor they agree that all funds earned by Contractor in the performance of the Contri are dedicated to satisfy obligations of Contractor and Surety under this Bor subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations Contractor that are unrelated to the Contract. Owner shall not be liable f payment of any costs or expenses of any Claimant under this Bond, and sh have under this Bond no obligations to make payments to, give notices on b& of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to t Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond otl than in a court of competent jurisdiction in the location in which the Work part of the Work is located or after the expiration of one year from the date on which the Claimant gave the notice required by Paragraph 4.1 or Paragra 4.2.3, or (2) on which the last labor or service was performed by anyone or t last materials or equipment were furnished by anyone under the Construc6 Contract, whichever of (1) or (2) first occurs. If the provisions of this paragra; are void or prohibited by law, the minimum period of limitation available sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to t addresses shown on the signature page. Actual receipt of notice by Surei Owner, or Contractor, however accomplished, shall be sufficient compliance of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requireme in the location where the Contract was to be performed, any provision in tl Bond conflicting with said statutory requirement shall be deemed delet herefrom and provisions conforming to such statutory requirement shall ' deemed incorporated herein. The intent is that this Bond shall be construed as statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficia of this Bond, Contractor shall promptly furnish a copy of this Bond or sh; permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract wi Contractor, or with a first -tier subcontractor of Contractor, to furni labor, materials, or equipment for use in the performance of t Contract. The intent of this Bond shall be to include without limitati. in the terms "labor, materials or equipment" that part of water, gi power, light, heat, oil, gasoline, telephone service, or rental equipme used in the Contract, architectural and engineering services required 1 performance of the Work of Contractor and Contracto Subcontractors, and all other items for which a mechanic's lien may asserted in the jurisdiction where the labor, materials, or equipme were furnished. 15.2. Contract: The agreement between Owner and Contractor identified the signature page, including all Contract Documents and chang thereto. 15.3. Owner Default: Failure of Owner, which has neither been remedied n waived, to pay Contractor as required by the Contract or to perform a complete or comply with the other terms thereof. * Within a reasonable time (1) after the claimant has satisfied the conditions of paragraph 4 and (2) after the Surety has reviewed all supportinc documentation it requeste to substantiate the FOR INFORMATION ONLY— Name, Address and Telephone Cobb Strecker Dunphy & Zimmermann Surety Agency or Broker: 150 So. 5th St. , Ste. #2800 Owner's Repres entative (engineer or other party): Minneapolis, MN 55402 612.349.2400 amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above waiiver n orth shall or m ttheael�et4sfdefiens or e uQdgr this Bond of their right tp_dispvte such 00615 -2 b�iisgbondt against the Surety as provided under ACKNOWLEDGEMENT OF CORPORATION State of -MINNESOTA ) ss. On this 17th day of April 20 08 County of HENNEPIN before me appeared Scott Weidema to me personally known, who, being by me duly sworn, did say that he is the President of S.R. WEIDEMA 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 authority of its Board of Directors; and that said Scott Weidema acknowledged said instrument to be free act and deed of said corporation. NICOLE OLSON NOTARY PUBLIC-MINNESOTA MY Commission Expires Jan. 31, 2010 V VVAAAAAAAAA&%%""IAAAA&IIIIV,,vI X the Notary Public County, My commission expires ACKNOWLEDGEMENT OF CORPORATE SURETY State of MINNESOTA ) ss. On this . 17th day of April .20 08 ^ounty of HENNEPIN ) before me appeared - Linda K._ French to me personally known, who, being by me duly sworn, did say that she is the Attorney-in-Fact :)f WESTERN SURETY COMPANY a corporation, that the seal affixed to the foregoing instrument nstrument is the corporate 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 Unda K. French acknowledged said instrument to be the free act and deed of said 7orpora ti on. I - by 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 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 I Ith day of January, 2008. Ey WESTERN SURETY COMPANY C. q, pPORq ;i� 's W � l� t Paul 4rBruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 1 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 +a hS4A<s444gbgtihyYS4bhbBSh } i D. KRELL s November 30, 2012 a �� NOTARY PUBLIC SAL j s SOUTH DAKOTA r �44ti�+4S444h 4Shti4hh 4'+hS4h + CERTIFICATE X�a k4-ojj D. Krell, N355 Public 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 1 7th day of April 2008 _+"",�►u"gt""y� WESTERN SURETY COMPANY �p�+OPp�R'9t� ;e 3 W E4 /�19 Y 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. SECTION 01100 • y • • y 1.01 SECTION INCLUDES SUMMARY A. Basic description of the Project and Work restrictions. 1.02 SUMMARY OF WORK A. Project Name: 2008 Infrastructure Improvements for the City of New Hope, Minnesota, City Project No. 839. B. Description of Work: Project consists of mill and overlay, full depth reclamation, full street reconstruction, water main replacement, bituminous trail reconstruction, and excavation (sediment delta removal) in the City of New Hope. 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 not shown on the Drawings. Public Works may have a limited storage area option, but Contractor is responsible for coordinating such a location. 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. 000034- 07202 -0 0 2008 Bonestroo 01100 -1 SUMMARY 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site: 1. Access to the project area shall be via 422nd Avenue to Gettysburg Avenue. 2. Construction parking and material storage will not be allowed at either church parking lot located off of Gettysburg Avenue. C. Other Work at Site: 1. The installation and 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- 07202 -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 allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 ALTERNATES A. This article identifies each Alternate by number and describes the basic changes to be incorporated into the Work as part of that Alternate. Refer also to the Specifications and Drawings for information. B. Alternates may be accepted by the Owner in any order and may be used to determine the award of Contract consistent with the Instructions to Bidders. 1. Alternate No. 1- Gettysburg /47 Ave Reconstruction - Add to TOTAL BASE BID: a. In general work of this Alternate No. 1 consists of full depth pavement reclamation, full street reconstruction, and water main replacement on Gettysburg and 47 Avenues as shown on the Drawings. 2. Alternate No. 2 — Erickson Wetland Sediment/Delta Removal — Add to TOTAL BASE BID: a. In general the work of this Alternate No. 2 consists of excavating and hauling away the material to be removed at the 3 locations shown on the Drawings. 3. Alternate No. 3 — Holiday Park Improvements — Add to TOTAL BASE BID: a. In general the work of this Alternate No. 3 involves the removal of the existing trails in Holiday Park and the construction of new bituminous trails. The work includes removal and replacement of concrete walk and retaining wall as shown on the Drawings. 000034- 07202 -0 © 2008 Bonestroo 01200 -1 PRICE AND PAYMENT PROCEDURES 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 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. � 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 - 07202 -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. 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 location of utilities and coordination during construction is the responsibility of the Contractor. Final locations of all utilities, per 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. 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. 000034 - 07202 -0 PROJECT MANAGEMENT 0 2008 Bonestroo 01310 -1 AND COORDINATION I 1 ' � i `� A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Storm Water Discharges Associated With Construction Activities NPDES General Permit. 2. Hennepin County Utility Permit for Work within the County Right -of -Way. 3. Minnesota Department of Natural Resources (MnDNR) Permit for sediment/delta excavation. 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 and Resident Project Representative a minimum of 48 -hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 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. 000034 - 07202 -0 PROJECT MANAGEMENT © 2008 Bonestroo 01310 -2 AND COORDINATION 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01330. C. Progress Meeting Procedures: 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: 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 streets, driveways, and boulevards are disturbed. Therefore, scheduling of the work, maintenance of local traffic, and timely repair of each driveway and yard 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 disrupted water supply. 3. Given the underlying soil type, conditions resulting from precipitation can be devastating to residents. Construction should be coordinated such that disturbed areas are minimized at any given time. Work completed in the street reconstruction area may be facilitated if phasing is scheduled for the included streets. 4. Streets that are completely reconstructed shall be reclaimed. The aggregate material generated by the reclamation process can be used to ramp driveways and better maintain access for the residents with the Project area. 5. Alternate No. 3 — Holiday Park Improvements: a. Work shall not begin until after August 1, 2008. 6. Construction work on Gettysburg Ave between 42nd Avenue and the north property line of the New Hope Church that restricts accessibility shall be completed between June 16, 2008 and August 22, 2008. 000034 - 07202 -0 PROJECT MANAGEMENT 0 2008 Bonestroo 01310 -3 AND COORDINATION 7. All concrete work constructed at either the New Hope Church or the Holy Trinity Lutheran Church shall be completed on a Monday to allow for necessary curing time. 8. Both the New Hope Church and the Holy Trinity Lutheran Church shall have 1 access open to traffic at all times. There are 2 accesses for the Holy Trinity Lutheran Church and 3 accesses for the New Hope Church. The southern entrance for the New Hope Church shall be the only access permitted for single access; therefore, both northern entrances must be accessible when constructing the southern entrance. 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 - 07202 -0 PROJECT MANAGEMENT 0 2008 Bonestroo 01310 -4 AND 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. WNIIVIIWINWO 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. 000034 - 07202 -0 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 -1/2 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. D. Engineer's review will be in conformance with the requirements of Paragraph 6.17 of the General Conditions, except as modified herein. 000034 - 07202 -0 © 2008 Bonestroo 01330 -2 SUBMITTAL PROCEDURES 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. 3.05 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 - 07202 -0 © 2008 Bonestroo 01330 -3 SUBMITTAL PROCEDURES SECTION 01400 QUALITY REQUIREMENTS 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. Submit copies of laboratory test results or analysis consistent with Section 01330. i9IZM - 1 .`,0IiaH►l. 1 1k4 soil9 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. 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. 000034 - 07202 -0 © 2008 Bonestroo 01400 -1 QUALITY REQUIREMENTS 1.06 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. B. Include: Date issued, Project Title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.07 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 - 07202 -0 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- 07202 -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- 07202 -0 TEMPORARY FACILITIES © 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, MAILBOXES, 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. Remove existing mailboxes and posts, and temporarily install in locations determined and approved by Post Office. Replace mailboxes prior to Substantial Completion. Removal, temporary reinstallation, and replacement shall occur such that mail delivery is not interrupted. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. An alternative to temporarily installing existing mailboxes in the street reconstruction area, the Contractor may install "new" temporary mailboxes in lieu of relocating existing boxes. If this option is selected, the existing mailboxes would be removed and left on the homeowner's property until the mailboxes may be reinstalled. C. Temporary mailbox location(s) and requirements are subject to approval of the Post Office responsible for the delivery of the mail to this area. The Post Office may modify the list of homes requiring the installation of a temporary mailbox. Temporary mailboxes required are anticipated for approximately 120 homes. Unless a significant increase or decrease is realized, no adjustment in the payment for this Bid Item will be made. 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: Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow preventor assembly from Owner. Return to Owner at completion. C. Temporary Water Services: 1. Maintain temporary potable water service to the structures that will have disrupted water service during the water main construction or as identified on the Drawings. 000034 - 07202 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -2 AND CONTROLS 3.04 CONSTRUCTION FACILITIES A. Sanitary Facilities: 1. Comply with all governing regulations, including safety and health codes, for sanitary fixtures and facilities. 2. Provide self - contained toilet units, or water and sewer connected temporary toilet facilities consistent with governing regulations. Contractor may not use Owner's toilet facilities. 3. Provide and maintain adequate supply of toilet tissue, paper towels, paper cups, and similar disposable materials appropriate for each facility. Provide appropriate covered waste containers for used material. 3.05 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. 000034 - 07202 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -3 AND CONTROLS 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. 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. 000034 - 07202 -0 TEMPORARY FACILITIES 0 2008 Bonestroo 01500 -4 AND CONTROLS 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. Dewatering will be considered incidental to the Project with all costs included in the TOTAL BASE BID. C. 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: 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 D. A Bid Item has been provided for Temporary Mailboxes. Measurement is Lump Sum. Payment for the Temporary Mailboxes Bid Item will be made as follows: 1. 50 percent of the Bid Unit Price will be paid upon completion of the removal of the existing mailboxes and installation of the temporary mailboxes. 2. 50 percent will be paid upon completion of the reinstallation of the existing mailboxes and removal of the temporary mailboxes. This will be considered payment in full for all work and costs of this Bid Item. Full payment for this Bid Item will not be made until all mailboxes are installed properly and accepted by the Post Office and the homeowner. 000034 - 07202 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -5 AND CONTROLS E. 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 - 07202 -0 TEMPORARY FACILITIES © 2008 Bonestroo 01500 -6 AND CONTROLS SECTION 01570 TEMPORARY EROSION AND SEDIMENT CONTROL 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 01310: 1. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 2. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans: 1. Temporary Erosion Control Plan 2. Permanent Erosion Control Plan 3. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.2D and submitted each week that construction is active. 000034 - 07202 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -1 SEDIMENT CONTROL 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, rip rap placement, 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. 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. 000034 - 07202 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -2 SEDIMENT CONTROL 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 $2,000 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: Conform to the Drawings and the following: 1. 1 -112 to 3 -inch aggregate washed rock. 2. Minimum Thickness of Rock Placed: 6 inches. 000034- 07202 -0 O15�0 -3 TEMPORARY EROSION AND 0 2008 Bonestroo SEDIMENT CONTROL 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 (post bituminous base): 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. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established (exposed subgrade): The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 -foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. C. Loose aggregate or a rock 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/). 000034- 07202 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -4 SEDIMENT CONTROL 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. PART 3 EXECUTION 3.01 GENERAL A. Comply with all applicable laws, ordinances, regulations, permit requirements, orders and decrees pertaining to erosion/sediment control and stormwater discharge during the conduct of the Work. B. Take necessary precautions against damage to the Project by action of the elements. C. Implement the Project's NPDES Stormwater Pollution Prevention Plan (SWPPP) and take necessary actions to prevent off Site damage resulting from Work conducted on the Project or Project related stormwater runoff. D. Minimize the amount of disturbed land that is susceptible to erosion at any time. Delineate areas not to be disturbed: 1. Exclude vehicles and construction equipment from area not to be disturbed to preserve natural vegetation. 2. Maintain and preserve riparian and naturally vegetated buffer strips (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. 000034 - 07202 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -5 SEDIMENT CONTROL 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 in the locations shown on the Drawings using the machine sliced installation method, unless directed otherwise by the Engineer. 2. Use additional measures, such as rock aggregate, placed along the base of the silt fence where the silt fence geotextile cannot be trenched in, i.e. tree roots, frost, bedrock. 3. Use short sections of silt fence placed in J -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 114 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible:. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance: 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. 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. 000034- 07202 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -6 SEDIMENT CONTROL 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.J, and as modified below. 2. Install as shown on Drawings. 3. Raking or harrowing of soil /seed shall be done before installation of erosion control blanket. 4. Install blanket parallel to the direction of flow. 5. If permanent seeding is not available at the time of blanket installation, this material will have to be removed, re- seeded, and installed again as a permanent erosion control measure. If permanent seeding is available at the time of initial installation, a one -time proper installation is acceptable. G. Storm Drain Inlet Protection: 1. Provide effective storm drain inlet protection over the life of the Project until all sources with potential for discharging to inlets have been paved or stabilized. 2. Place devices so that driving hazards or obstructions are not created. The devices must be cleaned out regularly and all devices must have an emergency overflow to reduce flooding potential. 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. 000034 - 07202 -0 01570_7 TEMPORARY EROSION AND © 2008 Bonestroo SEDIMENT CONTROL 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. 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: Silt Fence, Machine Sliced: Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. 000034 - 07202 -0 TEMPORARY EROSION AND © 2008 Bonestroo 01570 -8 SEDIMENT CONTROL 2. Inlet Protection, Exposed Subgrade: 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. Mulch. Considered incidental with payment under Bid Item Seeding. C. A Bid Item has been provided for Water (for Dust Control). Measurement will be per 1,000 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 Price 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 streets will be considered incidental to the Project. 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 - 07202 -0 TEMPORARY EROSION AND 0 2008 Bonestroo 01570 -9 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. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Schedules, warranties, Bonds, certificates, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent Work. 000034 - 07202 -0 © 2008 Bonestroo 01700 -1 EXECUTION REQUIREMENTS B. Existing Conditions: Before commencing Work, inspect adjacent areas. 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. 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 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 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new Work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. 000034 - 07202 -0 © 2008 Bonestroo 01700 -2 EXECUTION REQUIREMENTS E. Existing construction designated by the Contract Documents to remain that is loosened, cracked, or otherwise damaged or defaced beyond repair as a result of Work by the Contractor will be considered unsuitable for the use intended and shall be removed and replaced by the Contractor. 3.05 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. III V.Avdkvj I WIN 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 - 07202 -0 0 2008 Bonestroo 01700 -3 EXECUTION REQUIREMENTS 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. CONSTRUCTION CONTRACT 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 F sr� � iwei„s�e 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 © 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 O 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-2 /� VIIGIIIif. tIJJ WMI.IViIIVI !� V Q ® TM DATE (MM /DD/YYYY) /� CER TIFICATE F LIABILITY I 04/17/08 _FR07 ER" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION VIN- COMMERCIAL LINES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBS STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH ST STE 2800 MINNEAPOLIS, MN 55402 INSURED SR WEIDEMA INC 17600 113TH AVE N MAPLE GROVE, MN 55369 INSURERS AFFORDING COVERAGE NAIC # INSURER A: CINCINNATI INSURANCE COMPANY INSURER B: SFM MUTUAL INSURANCE CO INSURER C: INSURER D: INSURER E: 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /DD/ YY LIMITS • GENERAL LIABILITY CPP3650909 04/01/08 04/01/09 EACH OCCURRENCE $1, 000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR INCLUDES: DAMAGE TO RENTED occurre $500, MED EXP (Any one person) $1 PERSONAL & ADV INJURY $1, 000,000 X XCU OPERATIONS OF X BROAD FORM PD GENERAL AGGREGATE $ 2,000, 000 SUBS- CONTINGENT GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000, CONTRACTUAL LIAB POLICY X PRO- JECT X LOC • AUTOMOBILE LIABILITY X ANY AUTO CPP3650909 04/01/08 04101/09 COMBINED SINGLE LIMIT (Ea accident) $1 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ R ANY AUTO $ AUTO ONLY: AGG SS/UMBRELLA LIA PP3650909 04/01 /08 04/01/09 EACH OCCURRENCE 0 X O CCUR ❑ S MADE M 0 , $5 ,..,,, ' $ DEDUCTIBLE $ X RETENTION $ 0 B WORKERS COMPENSATION AND 32686201 04/01/08 04/01/09 X WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,0 E.L. DISEASE - EA EMPLOYEE $500,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $500,000 OTHER :I DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS 2008 INFRASTRUCTURE IMPROVEMENTS PROJECT CITY PROJECT NO 839; PROJECT NO. 000034-07202-0 (See Attached Descriptions) CITY OF NEW HOPE 4401 XYLON AVE N NEW HOPE, MN 55428 ACORD 25 (2001/08) 1 of 3 #S295306/M287360 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 111 DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 1988 IMPORTANT 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 #S295306/M287360 ' DESCRIPTIONS (Continued from Page 1) ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTOMOBILE 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 W /RESPECT TO UMBRELLA LIABILITY: 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 (2001/08) 3 of 3 #S295306/M287360 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ................................................................................ ..............................6 1.01 Defined Terms ............................................................................................................................ .............................. 1.02 Terminology ............................................................................................................................... .............................. ARTICLE2 - 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 ......................................................................................................................................... ............................. 3.02 Reference Standards ................................................................................................................. .............................10 3.03 Reporting and Resolving Discrepancies ................................................................................... .............................10 3.04 Amending and Supplementing Contract Documents ................................................................. .............................11 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 ....................................................................................................................... ............................. 4.06 Hazardous Environmental Condition at Site ............................................................................ .............................13 ARTICLE5 - BONDS AND INSURANCE ................................................................................................ .............................1 5.01 Performance, Payment, and Other Bonds ................................................................................. .............................14 5.02 Licensed Sureties and Insurers ................................................................................................. .............................15 5.03 Certificates of Insurance ........................................................................................................... ............................. 5.04 Contractor's Liability Insurance ............................................................................................... .............................15 5.05 Owner's Liability Insurance ..................................................................................................... .............................16 5.06 Property Insurance ................................................................................................................... .............................16 5.07 Waiver of Rights .............................................................................................. ............................... 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 ...........:............................................................................................. .............................2 6.08 Permits ...................................................................................................................................... ............................. 6.09 Laws and Regulations ............................................................................................................... ............................. 6.10 Taxes ......................................................................................................................................... ............................. 6.11 Use of Site and Other Areas ...................................................................................................... .............................2 6.12 Record Documents .................................................................................................................... .............................2 6.13 Safety and Protection ................................................................................................................ .............................2 6.14 Safety Representative ................................................................................................................ .............................23 6.15 H a z ard Co mmunication Programs ....................................................................... ........................... 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 .............................................................................................................................. .............................23 6 .17 Shop Drawings and Samples ..................................................................................................... .............................23 6.18 Continuing the Work ................................................................................................................. .............................24 6.19 Contractor's General Warranty and Guarantee ....................................................................... .............................24 6.20 Indemnification ......................................................................................................................... .............................24 6.21 Delegation of Professional Design Services ............................................................................. .............................25 ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................ .............................25 7.01 Related Work at Site .................................................................................................................. .............................25 7.02 Coordination ............................................................................................................................. .............................26 7.03 Legal Relationships ................................................................................................................... .............................26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................... .............................26 8.01 Communications to Contractor ................................................................................................. .............................26 8.02 Replacement of Engineer .......................................................................................................... .............................26 8.03 Furnish Data ............................................................................................................................. .............................26 8.04 Pay When Due ........................................................................................................................... .............................26 8.05 Lands and Easements; Reports and Tests ................................................................................. .............................26 8.06 Insurance ................................................................................................................................... .............................26 8.07 Change Orders .......................................................................................................................... .............................26 8.08 Inspections, Tests, and Approvals ............................................................................................. .............................26 8.09 Limitations on Owner's Responsibilities ................................................................................... .............................27 8.10 Undisclosed Hazardous Environmental Condition ................................................................... .............................27 8.11 Evidence of Financial Arrangements ........................................................................................ .............................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................................................ .............................27 9.01 Owner's Representative ............................................................................................................ .............................27 9.02 Visits to Site ............................................................................................................................... .............................27 9.03 Project Representative .............................................................................................................. .............................27 9.04 Authorized Variations in Work .................................................................................................. .............................27 9.05 Rejecting Defective Work ............................................................................................:............. .............................27 9.06 Shop Drawings, Change Orders and Payments ........................................................................ .............................28 9.07 Determinations for Unit Price Work ......................................................................................... .............................28 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 .............................................................................. .............................28 10.01 Authorized Changes in the Work ............................................................................................... .............................28 10.02 Unauthorized Changes in the Work .......................................................................................... .............................29 10.03 Execution of Change Orders ..................................................................................................... .............................29 10.04 Notification to Surety ................................................................................................................ .............................29 10.05 Claims ....................................................................................................................................... .............................29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ..................................... .............................30 11.01 Cost of the Work ........................................................................................................................ .............................30 11.02 Allowances ................................................................................................................................ .............................31 11.03 Unit Price Work ........................................................................................................................ .............................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ........................ .............................32 12.01 Change of Contract Price ......................................................................................................... .............................32 12.02 Change of Contract Times ........................................................................................................ .............................33 12.03 Delays ....................................................................................................................................... .............................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects ....................................................................................................................... .............................33 13.02 Access to Work .......................................................................................................................... .............................33 13.03 Tests and Inspections ................................................................................................................ .............................33 13.04 Uncovering Work ...................................................................................................................... .............................34 13.05 Owner May Stop the Work ........................................................................................................ .............................34 13.06 Correction or Removal of Defective Work ................................................................................ .............................34 13.07 Correction Period ..................................................................................................................... .............................34 13.08 Acceptance of Defective Work .................................................................................................. .............................35 13.09 Owner May Correct Defective Work ......................................................................................... .............................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .................................................. .............................36 14.01 Schedule of Values .................................................................................................................... .............................36 14.02 Progress Payments .................................................................................................................... .............................36 14.03 Contractor's Warranty of Title ................................................................................................. .............................37 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 1415 Partial Utilization ................................................ ................................................................................................. 3Q 14.06 Final Inspection .................................................................. .................................................................................. 38 14I7Final Payment ........................................................................................................................................................ 38 14.08 Final Completion Delayed ............................................................................................................ ........................ J9 14.00 Waiver ofClaims .------------------------------------------------'39 ARTICLE l5- SUSPENSION (DF WORK AND TERMINATION -----------------------------'39 15.01 Owner May Suspend Work ..................... — ........... ................................................................................................ 39 15{2 Owner May 2enmbnutefo, Cause ..................... ...... ....................... —................................................................ 3y 15I8 Owner May Terminate For Convenience ................................................. ......................... ................................... 4U 15.04 Contractor May Stop Work or Terminate ......... .............................. —.......................... — ................................... 4U ARTICLE )6' DISPUTE RESOLUTION ....................................................................................... ................................... ... 4l 16.01 Methods and Procedures ............................ ..................................................................... .................................... l ARTICLE 17- MISCELLANEOUS ---------------------------------------------'4l 17.01 Giving Notice ................................................ ........................................................................................................ l 17.02 Computation of Times .............................................. ............ .......... ..................................................................... 4l 17l3Cumulative Remedies ................... ......................................................................................................................... 4l 17.04 Survival of Obligations ..................................................... ..................................................... .............................. 4l 17-05 Controlling Law .................................................. —...... ...................................................................................... } EJCDC C-700 Standard General Conditions of the Construction cwtraa Copyright m20m National Society of Professional Engineers for sJCoC./m rights reserved. GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement - -The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment- -The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos - -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid - -The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder- -The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents - -The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements - -The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order - -A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim - -A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract- -The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 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 1 LOLA 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 th 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 © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-8 E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "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 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: 1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and 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. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitt t o 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 appli 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. 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 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 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 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 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 O 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.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B 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 and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are 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 extent 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 Ioss 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 0 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.B. 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.B 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 of 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 Subcontractor, Supplier, or other individual 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 0 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 attributable to the fault 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 14.07.13 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. 1. Shop Drawings a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: 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. L 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 o ther professionals and al co urt 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. who is a party to such a direct contract, each utility owner B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal 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 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 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 TOLA 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. 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 C. Contractor shall be liable to Owner and any inspections, tests, and approvals is set forth in Paragraph other contractor for the reasonable direct delay and 13.03.B. disruption costs incurred by such other contractor as a result of Contractor's action or inactions. 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 10.05.13. 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 C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show 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.B. 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 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If 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. Yor purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. 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 11.01.13. 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 such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary 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.D), pro s uch 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.O1.A.1 or specifically covered by Paragraph 11.Ol.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not 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 1 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 1 LOLA 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 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, 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.I and 11.0I.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 11.01.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 11.0LAA, 11.01.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 12.0l.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. 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to 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.I1.A 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.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evide or the res ult s of s u bs equent 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.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment 1. Owner may refuse to make payment of the full amount recommended by Engineer because: a. claims have been made against Owner on account of Contractor's performance or 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 t han 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. 00700-39 3. complete the Work as Owner may deem expedient. 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 becomes 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 10.05.1) 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 IMPROVEMENT PROJECT NO. 839 STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss CITY OF NEW HOPE) I, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On December 31, 2007, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 839, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the place of mailing and the places so addressed. City Clerk Subscribed and sworn to before me this 31,3,t day of 02 , 2007. My commission expires January 31, 2010. 1 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 Recipients of notice for project 839: Sent notice (attachment of Resolution 07 -178 adopted 11- 26 -07) notifying of 01 -14 -08 hearing New Hope Church 4401 Independence Ave N PID 18- 118 -21 -22 -0005 4225 Gettysburg Ave. N. 4225 Gettysburg Ave N PID 18- 118 -21 -22 -0051 New Hope, MN 55428 Holy Trinity Lutheran Church 4332 Gettysburg Ave. N. PID 18- 118 -21 -21 -0038 4240 Gettysburg Ave. N. 4240 Gettysburg Ave. N. PID 18- 118 -21 -21 -0039 New Hope, MN 55428 I: /Notices Special Assessments /AHN -839 initial • , City of New Hope Minnesota 1. Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet on January 14, 2008, at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North, in said City for the purpose of holding a public hearing on a proposed street and infrastructure improvement as described hereinafter. 2. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project will also include park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and % inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 %Z" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer ofbituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets scheduled for Reconstruction are portions of 45 46 47 Hillsboro and Gettysburg Avenues and 44 Circle. The streets scheduled for Full Mill and 1 %a" overlay are potions of Independence Avenue. The streets scheduled for the Reclaim strategy are portions of Independence Avenue as well. The street reconstruction project also includes all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. The tax exempt properties to be assessed for the 2008 Street and Infrastructure Project 839 are as follows: • •; 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 o Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 Address PID number 4401 Independence Avenue N. 18- 118 -21 -22 -0005 4332 Gettysburg Avenue N. 18- 118 -21 -21 -0038 New Hope Church 18- 118 -21 -22 -0051 4225 Gettysburg Avenue N. Holy Trinity Lutheran Church 18- 118 -21 -21 -0039 4240 Gettysburg Avenue N. 3. The estimated cost of said improvement is $3,732,698.00. 4. The area proposed to be assessed for the making of said improvement shall include the premises described in paragraph 2 above. 5. All persons interested are invited to appear at said hearing for the purpose of being heard with respect to the making of said improvement. Dated the 21 day of December, 2007. s\ Valerie Leone Valerie Leone City Clerk (Published in the New Hope - Golden Valley Sun -Post on the 3rd and 10 days of January, 2008.) AFFIDAVIT OF MAILING HEARING NOTICE IMPROVEMENT PROJECT NO. 839 STATE {)FMINNESOTA) COUNTY DFHENNEP|N) ss CITY OF NEW HOPE) 1, the undersigned being the duly qualified City Clerk of the City of New Hope, Minnesota, hereby attest and certify that: On February 1, 2010, acting on behalf of the said City, I deposited in the United States mail at New Hope, Minnesota, a copy of the attached notice of a hearing on Improvement Project No. 839, mailed first class, with postage thereon fully prepaid, addressed to the persons at the addresses appearing opposite their respective names, list attached. There is a delivery service by United States mail between the p|uma of mailing and the places so addressed. hyQerk Subscribed and sworn tu before methis day of 10. My commission expires January 31, 2015. Notary Public Hennepin County 440lXrlon Avenue North * New Hope, Minnesota 55428-4898+vvnrwr .mo.oa City Hall: 763-531-510O+Police : 763-531-517O* Public Works: 763-592-6777*T[}Z):763-531-51O9 City Hall Fax: 763-531-5136 + Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 Separate notices prepared for five properties. Mailing address in bold. Mailed on 2/1/2010. New Hope Church: 18- 118 -21 -22 -0005, 4401 Independence Ave N $9,497.05 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N $105,420.40 18- 118 -21 -22 -0008, 4419 Independence Ave N $3,947.40 Holy Trinity Lutheran Church: 18- 118 -21 -21 -0038, 4332 Gettysburg Ave N $9,497.05 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N $94,023.60 City of New Hope STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as GV, NH, Crystal, Robbinsdale Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all Of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s); it was first published on Thurs- day, the 4 day of February 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2010; and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijklmnopgrstuvwxyz BY: G � . CFO Subscribed and sworn to or affirmed before me on this 4 day of February , 2010. / Ila, e- Z i Notary Public MARY ANN CARLSON NOTARY PUBLIC — MINNESOTA MY COMMISSION EXPIRES 1.31 -14 (Official Publication) NOTICE OF HEARING ON ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 City of New Hope, Minnesota Notice is hereby given that the City Council of the City of New Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City of New Hope, Minnesota, on the 22nd day of February, 2010 at 7:00 p.m. to consid- er objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the im- provement, as described in the November 2007 feasibili- ty report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improve- ments to be assessed involve three construction strate- gies including 1) Reconstruction, 2) Full Mill and one and ill inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, ag- gregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 1 /2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bi- tuminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to rea- sons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of exist- ing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bone - stroo, Inc. November 2007 feasibility report, the streets re- ceiving Reconstruction were portions of 45th, 46th, 47th, Hillsboro and Gettysburg Avenues and 44th Circle. The streets receiving Full Mill and 1 1/2" overlay were potions of Independence Avenue. The streets receiving the Re- claim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably re- quired to complete the project. The City allocates annual- ly a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real es- tate taxes are specially assessed for the cost of street im- provements according to the City's special assessment policy. The proposed assessment roll is on file with the City Clerk and open to public inspection. The area proposed to be assessed consists of every lot, piece or parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: 18- 118 -21 -22 -0005 4401 Independence Avenue N. 18- 118 -21 -22 -0008 4419 Independence Avenue N. 18- 118 -21 -21 -0038 4332 Gettysburg Avenue N. 18- 118 -21 -22 -0051 New Hope Church 4225 Gettysburg Avenue N. 18- 118 -21 -21 -0039 Holy Trinity Lutheran Church 4240 Gettysburg Avenue N. The total amount proposed to be assessed is $222,385.50. Written or oral objections will be considered at the hear- ing. An owner of property to be assessed may appeal the as- sessment to the district court of Hennepin County pur- suant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. No appeal may be taken as to the amount of any assess- ment adopted by the City Council unless a written objec- tion signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the as- sessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the as- sessment hearing is due to a reasonable cause. Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom if would be a hardship to make the payments. The proce- dure for applying for such a deferment is set forth in New Hope Code §1 -6 et. al., a copy of which is available upon request at the office of the City Clerk. The notice of this hearing mailed to property owners con- tains additional information. DATED: January 25, 2010. BY ORDER OF THE CITY COUNCIL s / Valerie Leone , City Clerk (Feb. 4, 2010) p2 -NOPH Spec Assess xaff SS COUNCIL Request for Action Originating Department Approved for Agenda Agenda Section Public Works January 25, 2010 Develo ment & Plannin Item No. By: Guy Johnson By: Kirk McDonald 8.3 Resolution declaring cost to be assessed, confirming preparation of proposed assessments, and calling for a public hearing in connection with the 2008 Street Infrastructure Improvement Project No. 839 Requested Action Staff is recommending that the Council approve a resolution that declares the cost to be assessed and establishes a public hearing for February 22, 2010, to consider the assessments for the 2008 street and infrastructure improvement 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. The city's street infrastructure management plan identified areas for maintenance activities in 2008. Background On November 26, 2007, the city engineer presented the feasibility report for the proposed 2008 infrastructure improvement project. Council reviewed the report and scheduled the public hearing for January 14, 2008. Council also directed staff to notify the Holy Trinity Lutheran Church and the New Hope Church of the proposed assessment to their properties, utilizing Assessment Role A. The city clerk notified both churches regarding the proposed assessment project and notified their representatives of the public hearing. Council awarded a contract for the project on April 14, 2008. The 2008 infrastructure project involved street and utility infrastructure work, and park improvements. Most of the sanitary sewer improvements related to the city's inflow and infiltration reduction program. Motion by Second by 1 L• \RFA \PUBW0RKS \2010 \839 Public Hearing Declaring Assessments.doc Request for Action January 25, 2010 Page 2 The project included Gettysburg Avenue between 42nd Avenue and the cul -de -sac north of 47th Avenue; Hillsboro Avenue between 45th Avenue and the cul -de -sac north of 47th Avenue; Independence Avenue between Gettysburg and 47th avenues; 47th Avenue between Flag Avenue and Independence Avenue; and 45th and 46th avenues between Hillsboro and Independence avenues for maintenance activities in 2008, based upon the analysis of street condition ratings. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2008 street infrastructure project is $1,509,211.40, and that the assessment rates per foot for residential properties are $26.59 for mill and overlay work, $46.44 for reclaim work, and $111.73 for reconstruction work. The assessment rates per foot for commercial /industrial properties are $39.89 for mill and overlay work, $69.66 for reclaim work, and $167.60 for reconstruction work. The 2008 infrastructure improvement project includes five tax exempt properties for assessment; three residential sites and two commercial sites. The properties to be assessed for the 2008 street infrastructure project are: Address PID Number New Hope Church (4225 Gettysburg Avenue N.) 18- 118 -21 -22 -0051 4401 Independence Avenue 18- 118 -21 -22 -0005 4419 Independence Avenue 18- 118 -21 -22 -0008 Holy Trinity Lutheran Church (4240 Gettysburg Avenue N.) 18- 118 -21 -21 -0039 4332 Gettysburg Avenue 18- 118 -21 -21 -0038 The New Hope Church site footage is 629 feet, for a proposed assessment amount of $105,420.40. The New Hope Church also owns two of the residential sites with a proposed total assessment of $13,444.45. The combined total assessment for New Hope Church's properties is $118,864.85. The Holy Trinity Lutheran Church site footage is 561 feet, for a proposed assessment amount of $94,023.60. The Holy Trinity Lutheran Church also owns one of the residential sites with a proposed assessment of $9,497.05. The combined total assessment for Holy Trinity Lutheran Church properties is $103,520.65. The proposed total assessment amount for the project is $222,385.50. The city clerk will notify the property owners of the public hearing and the proposed assessment. Funding The remainder of the project cost is being funded by the utility fund, storm water fund, state aid, and street infrastructure fund. Attachments Resolution prepared by the city attorney (exhibit B will be prepared by the city clerk) Memorandum from the city engineer I: \ RFA \ PUBwORKS \ 2010 \ 839 Public Hearing Declaring Assessments.doc 2335 Highway 36 W St. Paul, HN 55113 Tel 651- 636 -4600 Fax 651- 636 -1311 www.honestroo.com January 19, 2010 Guy Johnson New Hope Public Works Director 5500 International Parkway New Hope, MN 55428 Re: 2008 Infrastructure Improvements - Assessments Client Project No.: 839 Bonestroo File No.: 000034 - 07202 -0 Dear Guy, The 2008 Infrastructure Improvement project involved street and utility and park improvements work generally in the neighborhood located in the mid - western portion of the city. Depending on street conditions, one of three treatments was performed on the project streets: mill and overlay, reclamation, or full reconstruction. The work involved in this project is complete and the final project costs have been determined. Street construction costs have been identified and assessment rates calculated. Three different rates have been calculated, one for each of the three treatments that streets underwent. Each of the rates has a value for commercial properties and residential properties. Below is a summary of the calculated rates for the project: Final Project Total Street Construction Cost = $1,509 211.40 Treatment /Rate Mill & Overlay Reclamation Reconstruction Residential Rate per FF $26.59 $46.44 $111.73 Commercial Rate per FF $39.89 $69.66 $167.60 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The following table lists the tax exempt properties and their corresponding assessment amount. City of New Hope Page 2 2008 Infrastructure improvements January 19,2010 Property FF Treatment Property Type Rate Assessment 4401 Independence Ave 85 Recon Residential $111.73 $9,497.05 4419 Independence Ave 85 Reclaim Residential $46.44 $3,947.40 4332 Independence Ave 85 Recon Residential $111.73 $9,497.05 4225 Gettysburg Ave 629 Recon Commercial 167.60 (New Hope Church) $ $105,420.40 4240 Gettysburg Ave 561 Recon Commercial $167.60 (Holy Trinity Church) $94,02160 ' Total Assessment Amount $222,385.50 The first two residential parcels listed are owned by New Hope Church. The third residential parcel is owned by Holy Trinity Lutheran Church. Feel free to contact me at 651- 604 -4938 if you'd like to discuss the calculations for determining the rates or the assessments. Yours truly, BONESTROO Jason Quisberg, PE RESOLUTION NO. 10- 25 RESOLUTION DECLARING COST TO BE ASSESSED, CONFIRMING PREPARATION OF PROPOSED ASSESSMENT AND CALLING FOR A PUBLIC HEARING IN CONNECTION WITH THE 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 WHEREAS, contracts have been let for the construction of the 2008 Street and Infrastructure Improvement No. 839 in the City, and WHEREAS, the total cost of said improvements is $1,509,211.40 and WHEREAS, at the direction of the City Council, the City Clerk, with the assistance of the City consulting engineer, has prepared an assessment roll for the 2008 Street and Infrastructure Improvement No. 839, and WHEREAS, the said proposed assessment roll is on file with the City Clerk and open to public inspection; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. The City Council hereby determines that the City shall pay $1,286,825.90 of said cost, exclusive of the amount it may pay as a property owner, and the sum of $222,385.50 shall be assessed against benefited property owners based upon benefits received without regard to cash valuation. Of the assessable amount, the City shall pay $ -0- as a benefiting property owner. 2. The City Clerk, with the assistance of the City consulting engineer has calculated the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land without regard to cash valuation as provided by law, and the Clerk, has notified this Council of the proposed assessments and has filed a copy of the proposed assessment in the Clerk's office for public inspection. 3. The Clerk shall publish notice that this Council will meet to consider the proposed assessments on February 22" 2010 at 7:00 p.m. at the City Hall, 4401 Xylon Avenue North of said City of New Hope, Minnesota. The published notice shall be in substantially the form set forth on Exhibit A attached hereto. 1 4. A copy of the notice in substantially the form set forth in Exhibit B attached hereto shall be mailed to the owners of each parcel of property described in the assessment roll. 5. Said notice attached as Exhibit A hereto shall be published by the City Clerk in the official newspaper at least two weeks prior to the hearing and the notice attached hereto as ExhibitB shall be mailed by the Clerk to the owners of each parcel described in the assessment roll. 6. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. At any time thereafter, the owner may pay to the Finance Director or Assessment Clerk the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made on or before November 14 or interest will be charged through December 31 of the succeeding year. 7. If the adopted assessment differs from the proposed assessment as to any particular lot, piece or parcel of land, the Clerk shall mail to the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes adopted by the Council in interest rates or prepayment requirements from those contained in the mailed notice of the proposed assessment. Adopted by the City Council this 25` day of January, 2010. Kathi Hemken, Mayor Attest: �� I%� _Fi �/ a ( 1 Valerie Leone, City Clerk P:`Attomey \SAS \I Client Files \2 City of New Nope'99- 68391(08 street proj)\Resolution Decim Cost Assessed, Prep of Assess and pub hrg.doc 2 F", 1 1, (III\ NOTICE OF HEARING ON ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO WHOM IT MAY CONCERN: TIME AND PLACE AND Notice is hereby given that the City Council of the City of New GENERAL NATURE OF Hope, Minnesota, will meet in the City Hall at 4401 Xylon Avenue IMPROVEMENTS: North in the City of New Hope, Minnesota, on the 22 "d day of February, 2010 at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and %2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 '/2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45"', 46 "', 47", Hillsboro and Gettysburg Avenues and 44` Circle. The streets receiving Full Mill and 1!/2 overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ASSESSMENT ROLL OPEN The proposed assessment roll is on file with the City Clerk and open TO INSPECTION: to public inspection. —1— AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or ASSESSED: parcel of land benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: PID NUMBER/ADDRESS: 18- 118 -21 -22 -0005 4401 Independence Avenue N. 18- 118 -21 -22 -0008 4419 Independence Avenue N. 18- 118 -21 -21 -0038 4332 Gettysburg Avenue N. 18- 118 -21 -22 -0051 New Hope Church 4225 Gettysburg Avenue N. 18- 118 -21 -21 -0039 Holy Trinity Lutheran Church 4240 Gettysburg Avenue N. TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. or DEFERMENT OF Under the provisions of Minnesota Statutes, Sections 435.193 to ASSESSMENTS: 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1 -6 et. al., a copy of which is available upon request at the office of the City Clerk. —2— MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. DATED: January 25, 2010. BY ORDER OF THE CITY COUNCIL City Clerk PA\Attorney',SAS\1 Client Files\2 City of New Hope \99 - 68391(08 street proj) \Notice of Public Hearing Special Assess ex. A.doc —3— NOTICE OF HEARING ON ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 YOUR ASSESSMENT: INTEREST RATE /TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 "d day of February 2010, at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and '/2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 %2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45", 46` 47 ", Hillsboro and Gettysburg Avenues and 44"' Circle. The streets receiving Full Mill and 1' /2" overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's special assessment policy. ! i IV 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 ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER New Hope Church: PID NUMBER/ADDRESS: 18- 118 -21 -22 -0005, 4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -22 -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. —2— INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk —3— ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO: Holy Trinity Lutheran Church PROPERTY TO BE ASSESSED 18- 118 -21 -21 -0039, 4240 Gettysburg Avenue North ASSESSMENT: $94,023.60 INTEREST RATE/TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 day of February 2010 at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and %2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 %2 inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45 t ", 46 "', 47 "', Hillsboro and Gettysburg Avenues and 44 Circle. The streets receiving Full Mill and 1 %2 overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's 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 special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ New Hope Church: ADDRESS: 18- 118 -21 -22 -0005, 4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -22 -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or —2— BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City rp for to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One _partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL s1 Valerie Leone City Clerk -3- ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO: Holy Trinity Lutheran Church PROPERTY TO BE ASSESSED 18- 118 -21 -21 -0038, 4332 Gettysburg Avenue North ASSESSMENT: $9,497.05 INTEREST RATE /TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 day of February, 2010, at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and ' / 2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 %2 inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45` 46` 47` Hillsboro and Gettysburg Avenues and 44 Circle. The streets receiving Full Mill and 1 %2 overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's 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 special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ New Hope Church: ADDRESS: 18-118-21-22-0005,4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -22 -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or —2— BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk —3— ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO: New Hope Church PROPERTY TO BE ASSESSED 18- 118 -21 -22 -0051, 4225 Gettysburg Avenue North ASSESSMENT: $105,420.40 INTEREST RATE /TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 day of February, 2010, at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and %2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 %2 inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45 ", 46', 47 ", Hillsboro and Gettysburg Avenues and 44 "' Circle. The streets receiving Full Mill and 1'/2" overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's 4401 Xylon Avenue North o 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 special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ New Hope Church: ADDRESS: 18- 118 -21 -22 -0005, 4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -2t -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or —2— BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal ' balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL sl Valerie Leone City Clerk —3— ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO: New Hope Church PROPERTY TO BE ASSESSED 118 - 118 -21 -22 -0005, 4401 Independence Avenue North ASSESSMENT: $9,497.05 INTEREST RATE /TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 day of February, 2010, at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and '/2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 ' / 2" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45 ", 46 ", 47 ", Hillsboro and Gettysburg Avenues and 44 Circle. The streets receiving Full Mill and 1 %2" overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's • •' 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 special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNERIPID NUMBER/ New Hope Church: ADDRESS: 18- 118 -21 -22 -0005, 4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -22 -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or —2— BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial pa moment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL sl Valerie Leone City Clerk —3— ASSESSMENTS FOR 2008 STREET AND INFRASTRUCTURE IMPROVEMENT NO. 839 TO: New Hope Church PROPERTY TO BE ASSESSED 18- 118 -21 -22 -0008, 4419 Independence Avenue North ASSESSMENT: $3,947.40 INTEREST RATE /TERM: 7% over 10 years TIME AND PLACE AND Notice is hereby given that the City Council of the City of New Hope, GENERAL NATURE OF Minnesota, will meet in the City Hall at 4401 Xylon Avenue North in the City IMPROVEMENTS: of New Hope, Minnesota, on the 22 day of February 2010, at 7:00 p.m. to consider objections to the proposed assessments for the 2008 Street and Infrastructure Improvement No. 839 heretofore ordered by the City Council. The general nature of the improvement, as described in the November 2007 feasibility report prepared by Bonestroo Inc., Engineers for the City, is the reconstruction of streets, installation of new ductile iron water main along streets being reconstructed as well as sanitary and storm sewer improvements. The project also included park improvements and storm water pond improvements. Only the street improvements are proposed to be specially assessed. The street improvements to be assessed involve three construction strategies including 1) Reconstruction, 2) Full Mill and one and ' / 2 inch overlay and 3) Reclaim strategy. Reconstruction involves complete removal of the existing pavement, aggregate street base and curb and gutter. The street is then reconstructed using all new materials. Full Mill and 1 '' /z" inch overlay is used where the crown in the street has not settled and the street is paved with a uniform layer of bituminous. The Reclaim strategy is used where the curb is structurally sound but the pavement has failed due to reasons unrelated to the aggregate base. This requires the removal of all bituminous surfacing, preparation of existing aggregate base and new bituminous paving. As per Figure B "Proposed Project Streets" set out in the Bonestroo, Inc. November 2007 feasibility report, the streets receiving Reconstruction were portions of 45 t ", 46 47 Hillsboro and Gettysburg Avenues and 44 "' Circle. The streets receiving Full Mill and 1 %2" overlay were potions of Independence Avenue. The streets receiving the Reclaim strategy were portions of Independence Avenue as well. The street reconstruction project also included all other appurtenant works and services reasonably required to complete the project. The City allocates annually a portion of real estate taxes to its Street Fund for street projects. Therefore only properties exempt from real estate taxes are specially assessed for the cost of street improvements according to the City's i' 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 special assessment policy. ASSESSMENT ROLL OPEN TO The proposed assessment roll is on file with the City Clerk and open to INSPECTION: public inspection. AREA PROPOSED TO BE The area proposed to be assessed consists of every lot, piece or parcel of land ASSESSED: benefited by said improvement, which has been ordered made and is as follows, in the City of New Hope, Minnesota: OWNER/PID NUMBER/ New Hope Church: ADDRESS: 18- 118 -21 -22 -0005, 4401 Independence Ave N 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church: 18- 118 -21 -22 -0038, 4332 Gettysburg Ave N 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N TOTAL AMOUNT OF The total amount proposed to be assessed is $222,385.50. PROPOSED ASSESSMENT: WRITTEN OR ORAL Written or oral objections will be considered at the hearing. OBJECTIONS: RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. LIMITATION ON APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object to the assessment hearing is due to a reasonable cause. ASSESSMENT Under the provisions of Minnesota Statutes, Sections 435.193 to 435.195, the DEFERMENT: City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. The procedure for applying for such a deferment is set forth in New Hope Code §1.60 et. al., a copy of which is available upon request at the office of the City Clerk. SPECIFIC AMOUNT TO The amount to be specifically assessed against your particular lot, piece, or —2— BE ASSESSED: parcel of land is stated on the first page of this notice. Adoption by the Council of the proposed assessment may be taken at the hearing. INTEREST RATE: If the assessment is not paid within 30 days from the adoption of the assessment roll, interest will accrue on the assessment at the rate of 7 %. Unless you choose to prepay your assessment, the assessment will be certified ASSESSMENT to your real estate taxes commencing with taxes payable in 2011. The INSTALLMENTS: assessment will be spread in equal annual installments over 10 years bearing interest at 7 %. The first installment will include interest on the total assessment from March 1, 2010, through December 31, 2011, or 22 months' interest. PAYMENT OPTIONS 1. FULL PAYMENT - You may prepay the entire assessment to the Finance THIS YEAR: Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. 2. PARTIAL PAYMENT - One partial payment per property will be accepted and credited to any special assessment levied against real property in the City within 30 days from the date the City Council adopts a resolution approving said special assessments. Payments must be made to the Finance Director or Assessment Clerk. The remaining unpaid balance will be certified to the County Auditor and apportioned to the property's real estate taxes for payment per the collection procedure established in Minnesota Statute Chapter 429. PAYMENT IN In subsequent years, the principal balance remaining may be paid to the SUCCEEDING YEARS: Finance Director or Assessment Clerk at any time prior to November 14 of any year. DATED: January 28, 2010. BY ORDER OF THE CITY COUNCIL s/ Valerie Leone City Clerk —3— COUNCIL Z Originating Department e Approved for Agenda I Agenda Section Public Works I February 22, 2010 Public Hear Item No. By: Guy Johnson ( By: Kirk McDonald, City Manager ( 7.1 Resolution adopting assessments for improvement project No. 839 (2008 Street and Infrastructure Improvements) Requested Action Staff is recommending that the Council approve a resolution to adopt the proposed assessments for the 2008 street and infrastructure improvement project No. 839. Policy /Past Practice Assessments are proposed to be levied against benefited, tax - exempt properties, in accordance with New Hope's assessment policy. Background On November 26, 2007, the city engineer presented the feasibility report for the proposed 2008 infrastructure improvement project. Council reviewed the report and scheduled the public hearing for January 14, 2008. Council also directed staff to notify the Holy Trinity Lutheran Church and the New Hope Church, of the proposed assessment to their properties, utilizing Assessment Role A. The city clerk notified both churches regarding the proposed assessment project and notified their representatives of the public hearing. Council awarded a contract for the project on April 14, 2008. The 2008 infrastructure project involved street and utility infrastructure work, and park improvements. Most of the sanitary sewer improvements related to the city's inflow and infiltration reduction program. The project included Gettysburg Avenue between 42nd Avenue and the cul -de -sac north of 47th Avenue; Hillsboro Avenue between 45th Avenue and the cul -de -sac north of 47th Avenue; Independence Avenue between Gettysburg and 47th avenues; 47th Avenue between Flag Avenue and Independence Avenue; and 45th and 46th avenues between Hillsboro and Independence avenues for maintenance activities in 2008, based upon the analysis of street condition ratings. Motion by . ,, Second by d✓f f�t1 l:\RFA\PUBNV0RKS\2010\839 Public Hearing Adopting Assessments P.H..doc Request for Action February 22, 2010 Page 2 On January 25, 2010, Council approved a resolution declaring costs to be assessed and established a public hearing to consider the assessments at the February 22 Council meeting. The city clerk has notified the property owners of the public hearing and the proposed assessment. Using the New Hope Assessment Policy, the city engineer has determined that the total cost for the street portion of the 2008 street infrastructure project is $1,509,211.40, and that the assessment rates per foot for residential properties are $26.59 for mill and overlay work, $46.44 for reclaim work, and $111.73 for reconstruction work. The assessment rates per foot for commercial /industrial properties are $39.89 for mill and overlay work, $69.66 for reclaim work, and $167.60 for reconstruction work. The 2008 infrastructure improvement project includes five tax exempt properties for assessment; three residential sites and two commercial sites. The New Hope Church site footage is 629 feet, for an assessment amount of $105,420.40. The New Hope Church also owns two residential sites with a total assessment of $13,444.45. The combined total assessment for New Hope Church's properties is $118,864.85. The Holy Trinity Lutheran Church site footage is 561 feet, for an assessment amount of $94,023.60. The Holy Trinity Lutheran Church also owns one of the residential sites with an assessment of $9,497.05. The combined total assessment for Holy Trinity Lutheran Church properties is $103,520.65. Funding The remainder of the project cost is being funded by the utility fund, storm water fund, and street infrastructure fund. Attachments A resolution prepared by the city attorney and a memorandum from the city engineer is attached. 1:ARFA \PUBW0RKS \2010 \839 Public Hearing Adopting Assessments P.H..doc 2335 Highway 36 W St. Paul, MN 55113 Tel 651 -636 -4600 Fax 651- 636 -1311 www.bonestroo.com January 19, 2010 Guy Johnson New Hope Public Works Director 5500 International Parkway New Hope, MN 55428 Re: 2008 Infrastructure Improvements - Assessments Client Project No.: 839 Bonestroo File No.: 000034 - 07202 -0 Dear Guy, The 2008 Infrastructure Improvement project involved street and utility and park improvements work generally in the neighborhood located in the mid - western portion of the city. Depending on street conditions, one of three treatments was performed on the project streets: mill and overlay, reclamation, or full reconstruction. The work involved in this project is complete and the final project costs have been determined. Street construction costs have been identified and assessment rates calculated. Three different rates have been calculated, one for each of the three treatments that streets underwent. Each of the rates has a value for commercial properties and residential properties. Below is a summary of the calculated rates for the project: Final Project Total Street Construction Cost = $1,509,211.40 Treatment /Rate Residential Rate per FF Commercial Rate per FF Mill & Overlay $26.59 $39.89 Reclamation $46.44 $69.66 Reconstruction $111.73 $167.60 City policy states tax paying properties are exempt from assessment for infrastructure improvements. Therefore, assessment amounts have been calculated only for the tax exempt properties within the project. The following table lists the tax exempt properties and their corresponding assessment amount. City of New Hope Page 2 2008 Infrastructure Improvements January 19,2010 Property FF Treatment Pro Type Rate Assessment 4401 Independence Ave 85 Recon Residential $111.73 $9,497.05 4419 Independence Ave 85 Reclaim Residential $46.44 $3,947.40 4332 Independence Ave 85 Recon Residential $111.73 $9,497.05 4225 Gettysburg Ave 629 Recon Commercial $167.60 $105,420.40 (New Hope Church) 4240 Gettysburg Ave 561 Recon Commercial (Holy Trinity Church) $167.60 $94,023.60 Total Assessment Amount $222,385.50 The first two residential parcels listed are owned by New Hope Church. The third residential parcel is owned by Holy Trinity Lutheran Church. Feel free to contact me at 651- 604 -4938 if you'd like to discuss the calculations for determining the rates or the assessments. Yours truly, BON ESTROO Jason Quisberg, PE RESOLUTION NO. 2010 — 31 RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT NO. 839 (2008 Street and Infrastructure Improvements) WHEREAS, pursuant to notice duly given as required by law, the City Council met on February 22, 2010 and heard and passed on all objections to the proposed assessment for the 2008 Street and Infrastructure Improvement Project No. 839, and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein, and each,tract of land therein is hereby found to be benefitted by the proposed improvement. 2. Such assessments shall be as follows: a. The assessments shall be payable in equal annual installments extending over a period of twenty (20) years, the first of said installments to be payable with general taxes for the year 2011, collectible with such taxes during the year 2011. b. To the first installment shall be added interest at the rate of six percent (6 %) per annum on the entire principal amount of the assessment from the date of this Resolution until December 31" of the year in which such installment is payable. To each subsequent installment, when due there shall be added interest for one year at said rate on the unpaid principal amount of the assessment. C. The owner of any property so assessed may at any time prior to the certification of the assessment or the first installment thereof to the County Auditor, pay the whole of the principal amount of the assessment on such property with interest accrued to the date of payment to the City Finance Director or Assessment Clerk, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the date hereof, and such property owner may at any time prior to November 15 of any year pay to the County Auditor the entire principal amount of the assessment remaining due with interest accrued to December 31" of the year in which said payment is made. 3. The City Clerk shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the tax list of the County. 1 Adopted by the City Council this 22" d day of February, 2010. Kathi Hemken, Mayor Attest; e�LL "_' Valerie Leone, City Clerk P. \'FTORNEI ".SAS 1 CLIENT FILES CITY OF NEW HOP&99- 68391(08 STREET PRO.1 }.RESOLUTION ADOP'PING ASSESSMENT. DOC Assessment Roil — Improvement Project 839 New Hope Church: 18- 118 -21 -22 -0005, 4401 Independence Ave N $9,497.05 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N $105,420.40 18- 118 -21 -22 -0008, 4419 Independence Ave N $3,947.40 Holy Trinity Lutheran Church: 18- 118 -21 -21 -0038, 4332 Gettysburg Ave N $9,497.05 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N $94,023.60 �v" February 22, 2010 Dear City Council of New Hope, Holy Trinity Lutheran Church and School, located at 4240 Gettysburg Ave N and 4332 Gettysburg Ave N, is extremely thankful for the road improvements made on Gettysburg, as we have had no further water main, storm sewer, or road issues since the improvement. It has greatly improved the appearance on one of the major streets into the city from Hwy 169. For this hearing, we are respectfully submitting the below comparative information for your review regarding the amount being charged non - profit organizations for street improvements on project #839. Although the cities of Crystal and New Hope fund street projects differently for residential properties, both cities charge non - profits only when within the improvement area. The comparison below shows that the burden on non - profit property was 3 -5 times higher for project 9839 than Crystal's Phase 10 project. (Crystal's project was over 3 times the cost, but their front footage charge was 35% less.) Using Crystal's proportions, the non - profit properties would have been charged $32 per foot front for a project the size of Improvement #839. Additionally, Crystal allowed payment of the assessment over a 20 year period with 6% interest instead of 7% interest over 10 years. In review of this data, Holy Trinity is requesting your consideration of one or more of the following to aid in our ability to fulfill our obligations to the city, as the existing proposal would increase our church budget by 7 -10% and make it more difficult to support our ministry: 1) Realign the cost structure of Street Improvement #839 to reduce the percent burden on non -profit organizations for the street construction. 2) Reduce the interest rate on the payment plan. 3) Adjust the payment schedule to 20 years, but allow advanced payment of principal without penalty to allow faster payments if donations increase to allow early payment. Thank you again for your continued efforts for keeping the New Hope infrastructure in good condition. We hope to work together with the city to find payment terms that will be beneficial to both the city and the members of our church and school. Sincerely, Holy Trinity Lutheran Church and School Street Assessment Comparisons ` Source: City of Crystal Website: ham: / /www.ci. crystal. mn. us /verticaU Sites / %7B4335EAE6- DE23- 4COD -8A7C- FED3 79590A 1 D %7D/ uploads / %7B452CC78A- C3F5- 4ABE- BO07 -B 582744AC 143 %7D.PDF 2 Source: City of Crystal Website: http: / /www.ci. crystal .mn.us /verticaUSites /14335EAE6- DE23- 4COD -8A7C- FED379590A1 D}/ uploads /{AF2ABAB5- 0913- 45B5- BOF6 -71 FEE 14129461.PDF New Hope Crystal Street Improvement #839 2009 Phase 10 Street Reconstruction Project Work Detail Reconstruction of streets, Gravel base, concrete curb and installation of new ductile iron gutter, boulevard restoration and water main, sanitary and storm bituminous surfacing sewer improvements, park construction. In some areas drain improvements and storm water tile, rain garden, storm sewer pond improvements. and sidewalk construction. Total Project Cost $2.4 million $7.8 million Total Cost for Street $1.3 million $4.5 million Improvements Street Assessment, City -Wide Annual Tax $4,987 per property within residential im rovement area Street Assessment, non- $167 per front foot for church $109 per front foot ($90 per profit property, $111 per front foot for front foot + $19 per front foot p arsonage. for new curb and gutter) Assessment Installments 7% for 10 years 6% for 20 years ` Source: City of Crystal Website: ham: / /www.ci. crystal. mn. us /verticaU Sites / %7B4335EAE6- DE23- 4COD -8A7C- FED3 79590A 1 D %7D/ uploads / %7B452CC78A- C3F5- 4ABE- BO07 -B 582744AC 143 %7D.PDF 2 Source: City of Crystal Website: http: / /www.ci. crystal .mn.us /verticaUSites /14335EAE6- DE23- 4COD -8A7C- FED379590A1 D}/ uploads /{AF2ABAB5- 0913- 45B5- BOF6 -71 FEE 14129461.PDF tr;r To be Held on Thursday, November 6, 2008 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Crystal, Minnesota, will meet in the council chambers of City Hall, 4141 Douglas Drive, at 7:00 p.m. on Thursday, November 6, 2008, to consider the reconstruction of streets in both the Welcome Park neighborhood and Sumter Avenue in the Broadway neighborhood bounded in the Welcome Park neighborhood on the north by the Canadian Pacific Railroad between West Broadway and Douglas Drive; on the west by Douglas Drive between the Canadian Pacific Railroad and 42 Avenue; on the south by 42" Avenue between Douglas Drive and Vera Cruz Avenue; and on the east by the first tier of lots east of Vera Cruz Avenue between 42 ad Avenue and 47 Avenue and West Broadway between 47 Avenue and the Canadian Pacific Railroad; and bounded in the Broadway neighborhood on the north by 58 Avenue; on the west by the first tier of lots west of Sumter Avenue between 58 Avenue and Bass Lake Road; on the south by Bass Lake Road; and on the east by the first tier of lots.east of Sumter Avenue between 58 Avenue and Bass Lake Road, pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The work includes gravel base, concrete curb and gutter, boulevard restoration and bituminous surfacing construction; and in some areas drain tile, rain garden, storm sewer, and sidewalk construction. A11 areas described above are proposed to be assessed for such improvements. The street assessment for the reconstruction is estimated to be $4,487,779. A reasonable estimate of the impact of the assessment will be available at the hearing. The estimated cost of the improvement is $7,824,787. The street assessment for single family and /or duplex lots within the improvement area is estimated to be $4,987 per lot except the lots at 7708 56 Avenue, 4702 Douglas Drive, and 5748 Sumter Avenue, which are estimated to be $2,493.50 per lot. The street assessment for all commercial and non - profit properties within the improvement area is estimated to be $89.45 per front foot The concrete curb and gutter assessment for properties currently without concrete curb and ug tter is estimated to be $19.15 per front foot. The concrete curb and gutter assessment for properties with existing non -city standard concrete curb and gutter, that is proposed to be replaced with city standard. curb is estimated to be $14.36 per front foot The concrete curb and gutter repair assessment for properties with existing city standard concrete curb and gutter, that is proposed to be incorporated into the street reconstruction is estimated to be $4.44 per front foot Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. A copy of the report on feasibility for this project is available for review at the Crystal City Hall. Dated October 9, 2008 By Order of the City Council City of Crystal Janet Lewis — City Clerk The Yearly tobacolumnisU\eeeUmetedamount that will be added to your property taxes each year based on assessment amount of $6.000.00 Estimated amount ufpayment @G%interest with 20 months interest the hrst year for 2Oyears REMAINING BALANCE YEARLY PRINCIPAL YEARLY INTEREST TAX YEAR Yearly total with county fee of 1.50 included 6,000.00 300.00 600.00 2010 901.50 5,700.00 300.00 342.00 2011 643.50 5,400.00 300.00 324.00 2012 625.50 5,100.00 300.00 306.00 2013 607.50 4,800,00 300.00 288.00 2014 589.50 4,500.00 300.00 270.00 2015 571.50 4,200.00 300.00 252.00 2016 553.50 3,900.00 300.00 234.00 2017 535,50 3,600.00 300.00 216.00 2018 517.50 3,300.00 300.00 198.00 2019 499.50 3,000.00 300.00 180.00 2020 481.50 2,700.00 300.00 162.00 2021 463.50 2,400.00 300.00 144.00 2022 445.50 2,100.00 300,00 126.00 2023 427.50 1,800.00 30U0 108.00 2024 409.50 1,500.00 300.00 90.00 2025 391.50 1,200.00 300.00 72.00 2026 373.50 900.00 300.00 54.00 2027 355.50 600.00 300,00 36.00 202 33 . 300.00 300.00 18.00 2029 319.50 6,000.001 4,020.00 Leone Valerie From: Leone Valerie Sent: Wednesday, February 24, 2010 5:00 PM To: Lohmann Lori Cc: Brutlag Kristi; McDonald Kirk Subject: #839 assessment FYI - Council approved 6% interest rate and 20 year assessment term. New Hope Church: 18- 118 -21 -22 -0005, 4401 Independence Ave N $9,497.05 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N $105,420.40 18-118-21-22-0008,4419 Independence Ave N $3,947.40 Total $118,864.85 Holy Trinity Lutheran Church: 18- 118 -21 -21 -0038, 4332 Gettysburg Ave N $9,497.05 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N $94,023.60 Total $103,520.65 Reps of both churches spoke at the public hearing on Feb. 22. New Hope Church intends to make a one -time payment, and Holy Trinity will let the assessment be levied to the tax rolls. Therefore, New Hope Church will likely pay within 30 days (to avoid interest) or by March 22. The remaining two parcels owned by Holy Trinity should be entered in the system. Excerpt from hearing notice: FULL PAYMENT - You may prepay the entire assessment to the Finance Director or Assessment Clerk of the City prior to December 1, 2010, when the assessment roll is certified to the County Auditor. To avoid paying interest, you need to prepay the assessment in full within 30 days of the adoption of the assessment. Valerie Leone New Hope City Clerk 763- 531 -5117 February 24, 2010 New Hope Church 4225 Gettysburg Avenue North New Hope, MN 55428 Subject: Special Assessment for Improvement Project No. 839 This serves as notice of a change in terms for the special assessment relating to street project no. 839. At the New Hope City Council Meeting of February 22, 2010, the City Council approved a 6% interest rate and an assessment term of 20 years. You will note the original Hearing Notice dated January 28, 2010, listed a 7% interest rate and a term of 10 years. All other terms and conditions remain unchanged. Parcels included in the assessment roll are listed below: Owner PID number and Address New Hope Church 18- 118 -21 -22 -0005, 4401 Independence Ave N New Hope Church 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N New Hope Church 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church 18- 118 -21 -2 -0038, 4332 Gettysburg Ave N Holy Trinity Lutheran Church 18- 118 -21 -21 70039, 4240 Gettysburg Ave N Please contact me at 763- 531 -5117 if you have any questions regarding the special assessment process. Thank you. Sincerely, t Valerie Leone, CMC City Clerk 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 Leone Valerie From: Gass Carol Sent: Friday, March 19, 2010 12:07 PM To: Leone Valerie Subject: Proj 839 `' FYI — we received $118,864.85 today from New Hope Church for the pending assessment. CaroC mass City of New Hope 4401 Xylon Ave N New Hope MN 55428 763 - 531 -5130 February 24, 2010 Holy Trinity Lutheran Church 4240 Gettysburg Avenue North New Hope, MN 55428 Subject: Special Assessment for Improvement Project No. 839 This serves as notice of a change in terms for the special assessment relating to street project no. 839. At the New Hope City Council Meeting of February 22, 2010, the City Council approved a 6% interest rate and an assessment term of 20 years. You will note the original Hearing Notice dated January 28, 2010, listed a 7% interest rate and a term of 10 years. All other terms and conditions remain unchanged. Parcels included in the assessment roll are listed below: Owner PID number and Address New Hope Church 18- 118 -21 -22 -0005, 4401 Independence Ave N New Hope Church 18- 118 -21 -22 -0051, 4225 Gettysburg Ave N New Hope Church 18- 118 -21 -22 -0008, 4419 Independence Ave N Holy Trinity Lutheran Church 18- 118 -21 -21 -0038, 4332 Gettysburg Ave N Holy Trinity Lutheran Church 18- 118 -21 -21 -0039, 4240 Gettysburg Ave N Please contact me at 763 -531 -5117 if you have any questions regarding the special assessment process. Thank you. Sincerely, Valerie Leone, CMC City Clerk 4401 Xylon Avenue North ® New Hope, Minnesota 55428 -4898 e 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