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911I p 2 Leone Valerie PG 16,()?- ' From: Stacy A. Woods [saw@jspwlaw.comj Sent: Monday, August 31, 2015 5:01 PM To: Leone Valerie; Sargent Jeff Cc: Steven Sondrall Subject: City of New Hope EDA Sale to Centra Parkview, LLC - Copies of recorded documents Attachments: QCD.pdf; AssessmentAgreement.pdf; Restrictive Covenant.pdf; Conditional Use Permit.pdf Hello Val and Jeff, Attached for your files are copies of the following recorded documents from this closing on the City of New Hope EDA's sale to Centra Parkview, LLC: 1. Quit Claim Deed of Outlot B to City; 2. Assessment Agreement; 3. Restrictive Covenant; and 4. CUP/PUD/Site Improvement Agreement Thanks, Stacy Woods Stacy A. Woods* JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone (763) 424-8811 Fax (763)493-5193 Direct (763) 201-0265 Cell (612) 501-0494 saw@ispwlaw.com ispwlaw.com *MSBA Board Certified Real Property Law Specialist HH 1 101 a r 1�1 P.A., ATTORNEYS AT LAW bWM11kt c 6t, e, &" 4, ?a —oeur APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E -Mail a valid authorized form of communication between lawyer and client, however security of this E -Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attomey/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify sender via E -Mail reply. rF+ EDA A Request for Action Originating Department Approved for Agenda Agenda Section Community Development March 9, 2015 EDA Item No. By: Jeff Sargent, Director of CD I By: Kirk McDonald, City Manager 4 Resolution Approving an Amendment to the Purchase Agreement With Centra North, LLC For Sale Of 7940 551h Avenue North. (Project No. 911) Requested Action Staff requests the EDA Commissioners to consider the potential amendment to the purchase agreement for the sale of 7940 551h Avenue North to Centra Homes for the development of a single family housing subdivision. Policy/Past Practice It is the policy of the EDA to follow State Statutes regarding the sale of property held for resale/redevelopment by the EDA. Background At the February 23, 2015 City Council meeting, the Council made a motion directing the City Attorney to amend the purchase agreement with Centra Homes regarding a reduced purchase price due to poor soil conditions. The city entered into a purchase agreement on July 24, 2014, with Centra Homes to purchase the former Winnetka Learning Center site for $1,050,000 for the purpose of constructing 61 new homes (34 single family and 27 townhomes). Since that time, significant soil and site issues were discovered on the site, and Centra revised their site plan which resulted in the loss of one home and reconfigured the types of units (single family homes reduced from 34 to 29, and townhomes increased from 27 to 31). The City Council reviewed the revised site plan at the November 17, 2014 work session and expressed support for the revised design and commended the developer for modifying the design instead of abandoning the project. The developer indicated he would work with city staff on potential modifications to the purchase agreement after more information was obtained regarding increased development costs. Motion by 2 Ll�Second by To: I:\RFA\COMM DEV\Develo ment\Q&R- Centra Homes PA Amendment3-9-15.doc Request for Action Page 2 March 9, 2015 The developer has received bids for the earthwork and engineering required to prepare the site for construction of the homes based on the new site plan, and the costs have increased by approximately $547,000. The developer has indicated they can absorb half the increase, or $273,000, and are requesting the city reduce the original purchase price by $273,000 to $777,000. The attached purchase agreement reflects the negotiated terms between the City Attorney and Centra Homes, which reflects the new costs associated with construction for the housing development. Attachments • Resolution • Purchase Agreement • Draft City Council Minutes (February 23, 2015) IM attorney to amend purchase agreement with Centra Homes regarding reduced purchase price due to poor soil conditions (project no. 911). Mr. Kirk McDonald, city manager, affirmed the city entered into a purchase agreement with Centra for $1,050,000 for a housing development at 7940 55th Avenue North. He stated the original plan included construction of 61 new homes (34 single family and 27 townhomes ranging from $225,000 to $350,000). He indicated the developer's costs have increased $547,000 due to site issues, and Centra is requesting the city to absorb 50% of the increased costs and to reduce the purchase price to $777,000. He stated the developer has revised the plans to construct 29 single family homes and 31 townhomes. Mr. McDonald stated the issue was discussed by the Council at its February 17 work session and Council directed staff to place the matter on the agenda for a formal vote regarding an amended purchase agreement. Mr. Dale Wills of Centra Homes was recognized. Council Member London asked how soon a sign can be placed at the site to advertise the housing development. Mr. Wills stated Centra Homes is able to advertise as soon as possible following approval of a revised purchase agreement. MOTION Motion was made by Council Member London, seconded by Council Item 8.3 Member Lammle, directing city attorney to amend purchase agreement with Centra Homes from $1,050,000 to $777,000 due to poor soil conditions (project no. 911). All present voted in favor. Motion carried. ENVIRONMENTAL Mayor Hemken introduced for discussion Item 10.1, Resolution petitioning IMPACT the Surface Transportation Board to require Environmental Impact Statement STATEMENT on construction of railroad connector track in Crystal, Minnesota. Item 10.1 Mr. Kirk McDonald, city manager, stated the city of Crystal is petitioning the Surface Transportation Board to require an Environmental Impact Statement prior to the BNSF and CP railroads commencing construction on the proposed connection in Crystal. He explained in light of the potential adverse impacts on the environment, neighborhoods and emergency service response times, it is believed appropriate stakeholders should offer input regarding the connection. Mr. McDonald stated Crystal is petitioning the Surface Transportation Board to require an EIS and is requesting city councils in adjacent cities (Robbinsdale, Golden Valley, New Hope, and Minneapolis) to follow suit. RESOLUTION 2015-34 Council Member Elder introduced the following resolution and moved its Item 10.1 adoption: "RESOLUTION PETITIONING THE SURFACE TRANSPORTATION BOARD TO REQUIRE ENVIRONMENTAL IMPACT STATEMENT ON CONSTRUCTION OF RAILROAD CONNECTOR TRACK IN CRYSTAL, MINNESOTA." The motion for the New Hope City Council February 23, 2015 Page 6 CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 15- 02 RESOLUTION APPROVING AMENDMENT TO PURCHASE AGREEMENT WITH CENTRA NORTH, LLC FOR THE SALE OF FORMER WINNTEKA SCHOOL PROPERTY BE IT RESOLVED by the Economic Development Authority, in and for the City of New Hope as follows: WHEREAS, the Economic Development Authority in and for the City of New Hope, Minnesota ("EDA"), and Centra North, LLC, a Nevada limited liability company ("Centra") entered into that certain Purchase Agreement dated July 25, 2014 (the "Purchase Agreement") relating to a certain vacant parcel of land of approximately 16.94 acres commonly referred to as the Winnetka Learning Center site located at 55th Avenue and Winnetka Avenue North, in the City of New Hope, County of Hennepin, State of Minnesota, ("Property") legally described on Exhibit A attached to the Purchase Agreement; WHEREAS, during the course of Centra's due diligence and investigation regarding the Property, certain soils and site issues were discovered which necessitated Centra to modify their initial plans; and WHEREAS, Centra's earthwork and engineering costs have increased by approximately $547,000.00; and WHEREAS, Centra is willing to absorb approximately half of this increase, or $273,000.00 of these costs if the EDA will reduce the purchase price in the Purchase Agreement by the same amount, to $777,000.00; and WHEREAS, Centra now proposes to develop the Property into 29 single-family lots and 31 Association maintained detached townhome lots and construct "Owner -Occupied" single family houses on said lots in accordance with the terms of the Purchase Agreement and other development contracts Centra will be required to enter into with the City of New Hope as part of its planning process for the development of the Property; and WHEREAS, the EDA reviewed Centra's revised plans and gave preliminary approval for the revisions; and WHEREAS, the revised purchase price of $777,000.00 for the sale of the Property is acceptable to the EDA as it is a reasonable increase in light of Centra's increased costs and willingness to absorb a portion of the same; and WHEREAS, the timeframe for the closing on the purchase of the Property must be moved back to June 30, 2015, to accommodate the delay and the extra earthwork and engineering required to address the soil and site issues; and WHEREAS, the EDA and Centra desire to amend the Purchase Agreement according to the terms set forth in the First Amendment to Purchase Agreement attached hereto as Exhibit A; and WHEREAS, the EDA hereby approves the First Amendment to Purchase Agreement attached as Exhibit A, it being in the best interest of the EDA to successfully close on the sale of the Property to Centra for the amended purchase price of $777,000.00. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property by the EDA to Centra North, LLC for the amended purchase price of $777,000.00, with other terms and conditions as set forth in the First Amendment to Purchase Agreement attached hereto as Exhibit A, is approved, it being in the best interest of the City and the EDA to successfully close on the sale of the Property to Centra which will result in a housing development that will be an asset to the City and its residents and will further the EDA's plan of economic development. 3. The President and Executive Director are hereby authorized and directed to sign the First Amendment to Purchase Agreement and all other necessary and appropriate documents to complete the sale of the Property to Centra North, LLC in accordance with the terms of said Purchase Agreement, as amended by the First Amendment to Purchase Agreement attached hereto as Exhibit A. Dated the 9th day of March, 2015 Attest -1\\1 �� C Kirk McDonald, Executive Director Kathi Hemken, President P:\Attomey\SAS\1 Client Files\2 City of New Hope\99-11371 - Centra Homes Winnetka Leam Ctr development\Reso1mion approving Amendment to P.A..docx EXHIBIT A FIRST AMENDMENT TO PURCHASE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AGREEMENT ("this Amendment') is made and entered into as of March �, 2015, by and between Economic Development Authority in and for the City of New Hope, Minnesota ("Seller"), and Centra North, LLC, a Nevada limited liability company ("Buyer"). WITNESSETH: WHEREAS, Seller and Buyer entered into that certain Purchase Agreement dated July 25, 2014 (the "Purchase Agreement') relating to a certain vacant parcel of land of approximately 16.94 acres commonly referred to as the Winnetka Learning Center site located at 7 Avenue and Winnetka Avenue North, in the City of New Hope, County of Hennepin, State of Minnesota, legally described on Exhibit A attached to the Purchase Agreement; WHEREAS, Seller and Buyer desire to amend the Purchase Agreement as hereinafter set forth. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties hereby agree as follows: 1. Defined Terms. Capitalized terms used but not defined herein shall have the respective meanings set forth in the Purchase Agreement. 2. Recital A. of the Purchase Agreement shall be amended in part to correct the property identification number (PID No.) for the Property. The current and correct PID No. for the Property is 06-118-21-44-0057. 3. Purchase Price. Paragraph 2.0 "Purchase Price" of the Purchase Agreement shall be replaced in its entirety with the following language: 2.0 The purchase price ("Purchase Price") of the Property shall be the sum of Seven Hundred Seventy -Seven Thousand and No/100 Dollars ($777,000.00) payable by Buyer as follows: 2.1 Twenty Thousand and No/100 Dollars ($20,000.00) as earnest money (the "Earnest Money"). The Earnest Money shall be deposited by Buyer into escrow with Land Title, Inc. ("Title"), 3927 Coon Rapids, Blvd., Coon Rapids, Minnesota, 55433 within three (3) business days following execution by Buyer of this Agreement. 2.2 Seven Hundred Fifty Seven Thousand and No/100 Dollars ($757,000.00) in cash or by certified funds, wire or the equivalent on the Date of Closing (as hereinafter defined). Until the date that a party is entitled to receive the Earnest Money pursuant to the terms hereof, Title will hold the Earnest Money in a federally insured interest-bearing account and the Earnest Money shall include all interest earned thereon. If for any reason this Agreement is terminated, the parties agree that Title will withhold One Thousand and No/100 Dollars ($1,000.00) of the Earnest Money (the "Independent Consideration") and deliver it to Seller as independent consideration for this Agreement, including, among other things, Buyer's right to terminate this Agreement, as provided herein. At the Closing (as hereinafter defined), the Earnest Money will be refunded to Buyer or credited toward the Purchase Price pursuant to the terms of this Agreement. If this Agreement is terminated before the Closing, the Earnest Money, less the Independent Consideration, will be delivered to Buyer and the Independent Consideration will be delivered to Seller. 4. The Earnest Money was previously deposited with Title. 5. The following portions of Paragraph 10 of the Purchase Agreement, "Conditions To Closing", relating to the date for satisfaction of the conditions listed therein shall be amended as follows: The Buyer's obligation to close the transaction contemplated by this Agreement is subject to the satisfaction of the following conditions on or before June 15, 2015: If any condition of this Section 10 remains unsatisfied or has not been waived by the Buyer in its sole discretion on or before the earlier of June 15, 2015 or the Date of Closing, Buyer may give written notice to Seller that Buyer is terminating this Agreement. 6. Paragraph 11.0 of the Purchase Agreement, "Closing and Possession", shall be replaced in its entirety with the following language: 11.0 Closing and Possession. The closing hereof (the "Date of Closing" or "Closing") shall take place on June 30, 2015 (the "Date of Closing" or "Closing") or on such earlier date as Seller and Buyer may mutually agree in writing. In no event shall Closing take place later than June 30, 2015. The Closing shall take place at the New Hope City Hall, the office of the New Hope City attorney or such other place as the Seller and Buyer may mutually determine. Possession of the Property shall be delivered on the Date of Closing. 7. Paragraph 19.3 of the Purchase Agreement shall be amended in part to replace the name of the law firm of Seller's attorney to be as follows: With a copy to: Steven Sondrall, New Hope City Attorney and Stacy Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 Facsimile No.: 763.493.5193 8. Miscellaneous. a. The Purchase Agreement shall remain in full force and effect as modified herein. b. This Amendment may be executed in counterparts, each of which shall be an original, but all of which when taken together shall constitute one and the same instrument. C. This Amendment shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Seller and Buyer have caused this Amendment to be executed as of the date first written above. SIGNATURE PAGE FOLLOWS THIS PAGE BUYER: Centra North, LLC, a Nevada limited liability company By: Dale Wills Its: President Dated: Marches 2015 SELLER: Economic Development Authority in and for City of New Hope By:/ZG Ka \i Hemken Its: President Dated: March 30 12015 By: Kirk McDonald Its: Executive Director Dated: March 30 12015 P:\Attomey\SAS\I Client Files\2 City of New Hope\99-11371 - Centra Homes Winnetka Learn Ctr development\First Amendment to Purchase Agreement - 3-2-15.docx GORDON L. JENSEN' MELANIE P. PERSELLIN' STEVEN A. SONDRALL STAGY A. WOODS' Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois/Colorado 'Qualified Neutral Mediator under Rule 114 JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law November 7, 2013 Curtis Jacn Co nity Development Ity of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Dear Curtis: 8525 EDINBROOK CROSSING{STE.201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 • TELEFAX (763) 493-5193 e-mail law@jspattorneys.com Writer's Direct Dial No.: (763) 201-0210 e-mail glj@jspattorneys.com Enclosed for your permanent records are the following documents in connection with the recent acquisition of the Winnetka Learning Center: a) Purchase Agreement dated February 19, 2013. b) Amendment to Purchase Agreement effective July 8, 2013. c) Phase I Environmental Summary. d) Resolution Authorizing Sale. e) Clerk's Certificate with attachments. f) Certificate of Non -Foreign Status. g) Affidavit of Title. h) Designation Agreement. i) Warranty Deed. j) Electronically Filed CRV. k) Underground Tank Affidavit (copy). l) Bring Down Certificate. m) Bill of Sale. n) Closing Statement. o) Owner's Policy of Title Insurance (copy). Upon receipt of the recorded documents and original of the Title Policy, I will forward them to you. Thank you. Sincerely, Gordon L. Jensen Enclosures P \Attorney\Glj\1-Client Folde,s\CNMW. 11362\011 -Curtis Lit &c PURCHASE AGREEMENT This Agreement is made effective as of the 19th day of February, 2013 (the "Effective Date"), by and between ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a public body corporate and a political subdivision of the State of Minnesota, (hereinafter referred to as "Purchaser") and INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and a political subdivision of the State of Minnesota (hereinafter referred to as "Seller'D. 1. Sale and Purchase of Property. Subject to the terms, conditions, representations and warranties set forth herein, and except for the "Excluded Property" (as that term is defined in Section 50) of this Agreement), Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller the following: a. All that certain real property located in the City of New Hope, County of Hennepin, State of Minnesota, having a property address of 7940 55`s Avenue North, New Hope, Minnesota, 55428. The real property is generally depicted and identified by the "Tax Records" attached as Exhibit A (the "Real Property"). The Real Property is composed of the following three (3) contiguous parcels: i. 06-118-21-44-0054 .44 acres (vacant) ii. 06-118-21-44-0055 5.25 acres (includes building) iii. 06-118-21-44-0056 11.25 acres (vacant) b. Certain rights and appurtenances pertaining to the Real Property consisting of any right, title and interest of Seller in and to adjacent public streets and adjacent public rights of way. C. The building and all other improvements and fixtures located on the Real Property including the component structural, heating, plumbing, electrical, air- conditioning, and roofing elements incorporated into the improvements. d. All assignable warranties and guaranties pertaining to the Property and given to, assigned to, or benefiting Seller and/or the Property and its improvements regarding the construction, design, use, operation, management or maintenance of the Property and its improvements. e. Unless otherwise expressly stated to the contrary, the assets listed in this Section 1 are collectively referred to as the "Property". 2. Purchase Price; Earnest Money and Payment of Purchase Price a. The purchase price of the Property (the "Purchase Price") shall be One Million Seven Hundred Fifty Thousand and 00/100 Dollars ($1,750,000.00) to be paid as follows. i. Ten Thousand and No/100ths Dollars ($10,000.00) as earnest money ("Earnest Money") upon execution of this Agreement, payable directly by Purchaser, which Earnest Money shall be held in an interest bearing account for the benefit of Purchaser in accordance with an escrow agreement among Purchaser, Seller, and Title (as hereinafter defined). ii. The balance of the Purchase Price in cash or by wire transfer of U.S. funds (subject to such other or further allocations and adjustments as are specified in this Agreement to the extent not separately paid outside of the Closing (provided reasonable evidence of such payments is famished to all parties and Title on or before the Closing) to be received in the trust account of Title, before 4:00 p.m. on the Closing Date (as herein defined). 3. As Is Sale. Other than those representations and warranties expressly set forth in this Agreement, or hereafter furnished by or on behalf of Seller to Purchaser in writing, it is understood and agreed that Seller is not making, and specifically disclaims, any warranties or representations of any kind or character, express or implied, with respect to the Property, including, but not limited to, warranties or representations as to matters of title, zoning, tax consequences, physical or environmental conditions, availability of ingress or egress, operating history or projections, valuation, governmental approvals, governmental regulations, the value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the Property, the manner or quality of construction or materials incorporated into any part of the Property, the manner, quality, state of repair or lack of repair of the Property or any other matter or thing relating to or affecting the Property. Except for the representations and warranties made in this Agreement, Purchaser has not relied upon, and will not rely upon, either directly or indirectly, any representation or warranty of Seller or any agent of Seller. Purchaser represents that Purchaser is not a knowledgeable purchaser of real estate, that Purchaser has or shall, in all material respects, engage and consult with knowledgeable experts in connection with the review, negotiation of, and performance under, this Agreement and any and all other documents as may be entered into or furnished in connection herewith, and that, in connection with the foregoing, Purchaser hereby expressly waives, and releases Seller from and against, any and all claims, if any, of inadequate representation or disproportionate bargaining power, it being understood and agreed that Seller does not represent Purchaser with respect to the subject matter hereof or otherwise. In furtherance of the foregoing, in the case of any undertakings or other performance rights or obligations arising, or otherwise provided for in this Agreement, the following shall apply: (a) Purchaser hereby expressly represents and agrees that Purchaser shall separately engage and/or consult with such knowledgeable experts as Purchaser may require; and (b) with respect to each any every agreement or undertaking by Purchaser under and pursuant to this Agreement, Purchaser shall be deemed to have at all times so engaged, and consulted with, such experts. In furtherance of the foregoing, Purchaser will conduct such inspections and investigations of the Property as Purchaser deems necessary, including, but not limited to, the physical and environmental conditions of the Property, and shall rely upon the same. Upon Closing, Purchaser shall assume the risk that adverse matters, including, but not limited to, adverse physical and environmental conditions, may not have been revealed by Purchaser's inspections and investigations. Purchaser acknowledges and agrees that upon Closing, Seller shall sell and convey to Purchaser and Purchaser shall accept the Property AS 1S, WHERE IS, AND WITH ALL FAULTS. Seller is not liable or bound in any manner by any oral or written statements, representations, or information pertaining to the Property furnished by any real estate broker, agent, employee, servant or other person, unless the same are specifically set forth or referred to herein. The terms and conditions of this Section shall expressly survive Closing or a termination of this Agreement, and shall not merge with the provisions of any Closing documents or the Deed (as hereinafter defined). 4. Due Dilieence Period. Purchaser shall have a "Due Diligence Period" commencing on the Effective Date and continuing for a period of ninety (90) consecutive days thereafter. During such Due Diligence Period, Purchaser shall satisfy itself as to the condition of, and matters relating to, the Property, including without limitation the following: a. Environmental Reports. Seller shall provide, within thirty (30) consecutive days after the Effective Date, electronic or other copies of any environmental assessment reports, remediation reports, governmental statutory or regulatory filings and reports, and any other correspondence or other documentation, if any, in the Seller's possession regarding the environmental condition of the Property (collectively, the "Existing Environmental Reports"). Purchaser may obtain, at Purchaser's sole expense, one or more current environmental site assessment and such other reports regarding the Property (collectively, the "Purchaser's Environmental Reports'. The Existing Environmental Reports and Purchaser's Environmental Reports, if any, are collectively referred to hereinafter as the "Environmental Reports". At Purchaser's sole cost and expense, and upon receipt by Purchaser, Purchaser shall furnish to Seller two (2) full and complete copies of all such Purchaser's Environmental Reports. b. Surveys. Inspection Reports and Other Documents. Seller shall provide, within thirty (30) consecutive days after the Effective Date, electronic or other copies of any existing surveys, inspection reports, contracts and other agreements affecting the Property and/or its improvements, if any, in the Seller's possession. C. Inspection. During the Due Diligence Period, and at Purchaser's sole cost and expense, Purchaser shall have the right to undertake inspections, tests, and investigations of the Property, including without limitation investigations needed to determine costs of abatement of any hazardous materials, if any, located on or in the Property. Provided Purchaser gives Seller at least three (3) consecutive business days advance notice, Seller shall provide Purchaser, and Purchaser's consultants, with access to the Property without charge and at all reasonable times during the Due Diligence Period for purposes of inspection, testing and approval of the Property, and completion of environmental, engineering, and such additional investigation and testing as is deemed desirable by Purchaser; Provided , however, (i) all such rights of access shall be limited to such areas, dates and times as do not conflict with then existing scheduled rights of use previously granted by Seller to other users of the Property, (ii) the conduct and completion of all such tests and investigations shall occur without material interruption, interference or disturbance to, with, or of the then ongoing uses of the Property by Seller or any of Seller's tenants, guests, contractors or invitees, and shall be performed consistent with all applicable industry standards, including without limitation full and complete compliance with all applicable best practices to ensure the health and safety of all occupants of the Property. Upon completion of such tests and investigations, and except as otherwise provided below, all work areas shall be cleaned and otherwise rendered safe and secure from access by Seller's tenants, guests, contractors, invitees and other persons (collectively, "Property Occupants"), all interior and exterior penetrations caused or resulting from such tests and investigations shall be sealed to the extent reasonably necessary to ensure the health and safety of all Property Occupants, and all exterior penetrations shall be sealed in accordance with the requirements set forth in Section 4(d) below. The results of all such inspections, investigations and testings shall be disclosed by Purchaser to Seller in writing, and Purchaser shall promptly deliver to Seller, at no cost to Seller, two (2) full and complete sets of copies of any and all results and reports in connection therewith (all collectively referred to as "Purchaser's Due Diligence Reports'') (all of the Environmental Reports and Purchaser's Due Diligence Reports are hereby collectively referred to herein as "Property Reports"). d. In the event Closing (as hereinafter defined) does not occur for any reason, Purchaser covenants and agrees that Purchaser shall promptly, and at Purchaser's sole cost and expense, repair and restore any and all damage to the Property as may have been, or may be, caused, whether directly or indirectly, by Purchaser or any of Purchaser's employees or consultants (or any other persons or entities acting for, or on behalf of, Purchaser or any of Purchaser's employees or consultants), including without limitation any damage resulting from the conduct of Purchaser's due diligence and any other activities related thereto as herein authorized or otherwise provided for in this Agreement, together with such other damage to the Property as may be caused, directly or indirectly by Purchaser or any of Purchaser's employees, contractors or consultants (or any other persons or entities acting for, or on behalf of, Purchaser or any of Purchaser's employees, contractors or consultants), and shall restore the Property to the same or better condition as existed immediately prior to the occurrence of such inspections, testing, investigations or other damage; provided, however and notwithstanding anything to the contrary in this Agreement, in the event of any damage comprising or including any exterior penetration of or to any building or roof structures, all such damage associated therewith, including without limitation such penetrations, shall be promptly repaired and restored to a quality and condition comparable to, or better than, the condition thereof existing immediately prior to the occurrence of such damage. In the event, and upon the occurrence, of any such damage, Purchaser, or Purchaser's employees or consultants shall promptly notify Seller of the occurrence of such damage or exterior penetration, and shall take all reasonable remedial steps to protect the building located on the Real Property from further damage pending physical inspection thereof by Seller. Purchaser further hereby agrees to, and does, indemnify Seller, and Seller's successors and assigns, and holds Seller, and Seller's successors and assigns, harmless from and against (i) any and all expenses and damages, financial or otherwise, that Purchaser, or any consultant, inspector, engineer, investigator, or other person or entity acting for or on behalf of Purchaser, may cause, whether in whole or in part, and (ii) all cost or loss resulting, in whole or in part, from any failure by Purchaser to fully and completely perform its repair and restoration obligations hereinabove set forth. Notwithstanding anything to the contrary herein or otherwise, the Purchaser's indemnification and hold harmless obligations set forth in this Section 4(d) shall survive the Closing and any termination of this Agreement. 5. Miscellaneous Representations, Warranties Covenants and A¢reements. a. This Agreement is valid and binding upon Seller and Purchaser in accordance with its terns. b. Seller is the fee owner of the Property described in paragraph 1 of this Agreement. C. To the best of Seller's actual knowledge, and except as may be otherwise disclosed in any Property Reports, or otherwise discovered by Purchaser in connection with any inspection of the Property by Purchaser or otherwise, Seller has not received written notice from any state of local authority having jurisdiction over the Property with respect to, and otherwise has no actual knowledge of, any existing violations of any law, regulation, ordinance or code affecting the Property. d. To the best of Seller's actual knowledge, and except as may be otherwise disclosed in any Property Reports, or otherwise discovered by Purchaser in connection with any inspection of the Property by Purchaser or otherwise, Seller has no actual knowledge as to whether any toxic or hazardous substances or wastes, pollutants or contaminants (including without limitation, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil, and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. §9601-9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Real Property or in the ground water thereunder, or if any activity has been undertaken on the Real Property that would cause or contribute to: L The Real Property to become, or becoming, a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.0 §6901 et sea., or any similar state law or local ordinance. ii. A release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Real Property within the meaning of, or otherwise bring the Real Property within the ambit of, CERCLA, or any similar state law or local ordinance. iii. The discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. §1251 et sea., or the Clean Air Act, 42 U.S.C. §7401 et sea., or any similar state law or local ordinance in, under or on the Property that may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances, or other environmental regulatory requirements. e. To the best of Seller's actual knowledge, and except as may be otherwise disclosed herein or in any Property Reports, or otherwise discovered by Purchaser in connection with any inspection of the Property by Purchaser or otherwise, Seller is not a party to any unrecorded contract or agreement affecting the Property that, subsequent to Closing, will be binding upon Purchaser or upon the Property without the Purchaser's written consent. Notwithstanding the foregoing, (i) Seller is party to each of a Right of Entry Agreement, dated November 4, 2011, and a Storm Sewer Easement Agreement, each by and between Seller and Intermediate District No. 287 ("ISD 28T'), pursuant to which Seller granted to ISD 287 a storm sewer easement, all on such terms and conditions are set forth in that Storm Sewer Easement Agreement, dated January 23, 2012; and (ii) as of the date hereof, Seller has reason to believe that Centerpoint Energy has installed, or may in the future install, within the Winnetka Avenue right of way, a natural gas utility system. L To the best of Seller's actual knowledge, and except as may be otherwise disclosed in any Property Reports, or otherwise discovered by Purchaser in connection with any inspection of the Property by Purchaser or otherwise, there are no existing claims, actions, suits or other proceedings pending, or to the knowledge of Seller, threatened by any governmental department or agency, or any other corporation, partnership, entity or person whomsoever, which in any manner or to any extent may have a material detrimental effect on the Property or Purchaser's right, title and interest in and to any part or all of the Property. g. Seller covenants and agrees that Seller shall not knowingly do or fail to do any act which would reasonably be expected to result in the creation of any lien, charge or encumbrance of any material nature whatsoever (other than liens, if any, of a monetary amount which can be released or discharged upon the payment of money at Closing) on the Property or otherwise affect the marketability of title or Seller's ability to convey such title and deliver possession of the Property. h. Seller authorizes (at Purchaser's sole cost and expense), Purchaser and Purchaser's qualified employees, agents and representatives, to conduct such investigations and examinations of the Property as it deems necessary or advisable, and Seller will cooperate fully in such investigation. Such investigation may include, but is not limited to, survey, architectural, structural, electrical, mechanical, soil and drainage, environmental and other investigations.. All investigations conducted on the Property, unless otherwise agreed in writing by Seller and Purchaser, shall be performed only upon three (3) consecutive business days advance notice to Seller, and without material disruption of or to any then occurring activities or operations of Seller, or of any tenant or invitee of Seller. Copies of all written reports pertaining to such investigations (all such reports constituting "Property Reports", as heretofore defined) shall be famished by Purchaser to Seller for Seller's permanent retention and at Purchaser's sole cost and expense. Purchaser further hereby agrees to, and does, indemnify Seller, and Seller's successors and assigns, and holds Seller, and Seller's successors and assigns, harmless from and against (i) any and all expenses and damages that Purchaser, or any consultant, inspector, engineer, investigator, or other person or entity acting for or on behalf of Purchaser, may cause, whether in whole or in part, and (ii) all cost or loss resulting, in whole or in part, from any failure by Purchaser to fully and completely perform its repair and restoration obligations hereinabove set forth. Notwithstanding anything to the contrary herein or otherwise, the Purchaser's indemnification and hold harmless obligations set forth in this Section 5(h) shall survive the Closing and any termination of this Agreement. i. From and after the date of this Agreement, Seller has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal, options to purchase the Property, lease agreements, or any other rights of others (other than such leases or contracts as shall be terminable on or prior to Closing) that might prevent or delay performance of this Agreement. j. Until the Closing Date Seller shall use, operate and maintain the Property in the same general manner in which the Property is currently used, operated and maintained; provided, however, and notwithstanding the foregoing, Purchaser and Seller agree that at the option of Seller, prior to Closing, and for an uninterrupted period of thirty (30) consecutive days from and after Closing, Seller may permanently detach, remove and retain from the Property any and all personal property, and such other fixtures and personal property as are expressly identified on Exhibit B attached hereto (collectively referred to herein as the "Excluded Property"). IL Seller has no knowledge of any material defects in the roof, foundation, structural supporting members or exterior walls, or in the mechanical, electrical, heating, air conditioning, drainage, sewer, water or plumbing systems of the building constituting part of the Real Property; providedhowever, and notwithstanding the foregoing, Seller hereby discloses that existing skylights located on the roof of the building comprising a portion of the Property may not be designed to comply with existing codes or regulations. 1. To the best of Seller's actual knowledge, and except as may be disclosed in Existing Property Reports or any other reports, if any, commissioned by Purchaser, or otherwise discovered by Purchaser in connection with any inspection of the Property by Purchaser, there are no septic systems abandoned or in operation located upon the Property of which Seller has knowledge. Seller affirmatively represents that there is an underground well on the Property. For purposes of this Agreement, the phrase "Seller's actual knowledge" shall mean the actual knowledge, as applicable, of Jeff Priess and/or Jim Gerber, the Executive Director of Business Services and Director of Facilities, respectively, of Seller. 6. Representations, Warranties and Covenants of Purchaser. a. Purchaser acknowledges that, under the terms and conditions of this Agreement, the Purchaser is granted the full opportunity to inspect the Property and surrounding area and records applicable to its operation and condition. Purchaser acknowledges that it will be relying solely upon its own inspection and judgment and, except as otherwise expressly provided in this Agreement, will not be relying upon any representation of Seller. b. The execution and delivery of this Agreement by Purchaser, and compliance by Purchaser with the terms and provisions of this Agreement, will not conflict with or result in a breach of any judgment, order, decree or ruling to which Purchaser is a party, any injunction of any Court or governmental authority to which Purchaser is subject, or any agreement, contract or commitment which is material to the financial condition of Purchaser; or require the affirmative consent or approval of any third party. C. Subject to formal approval by Resolution duly adopted by the Economic Development Authority of the City of New Hope, this Agreement is valid and binding upon Purchaser in accordance with its terms and the individual executing this Agreement on behalf of the Purchaser has, subject to such Resolution, the authority and power to enter into this Agreement and to consummate the transaction contemplated hereby. 7. Conditions to Purchaser's Obligations. In the event the conditions set forth in this paragraph 7 have not been met to the Purchaser's sole satisfaction on or before the date specified, or if no date is specified, then on or before the Closing Date, this Agreement shall terminate at the option of the Purchaser and the Earnest Money paid by Purchaser shall be refunded. a. No later than thirty (30) consecutive days from and after the date of execution of this Agreement by both Seller and Purchaser, Seller shall provide to Purchaser a commitment from a Title Insurance Company selected by Purchaser ("Title) for an ALTA Owner's Policy of Title Insurance insuring title to the Property in the amount of the Purchase Price (the "Commitment"). The Commitment will commit to insure title to Purchaser's interest in the Property subject only to the Permitted Encumbrances. The Commitment shall be effective as of a date no earlier than the effective date of this Agreement and shall include a copy of each instrument listed as an exception to title or referred to therein. Purchaser shall be allowed ten (10) consecutive business days to make any objections thereto including objection to the Permitted Encumbrances, as hereafter defined, said objections to be made in writing or deemed to have been waived. If any objections to title are made, Seller shall be allowed sixty (60) consecutive days in which to make title marketable. Pending correction of title, Closing shall be postponed, but upon correction of title or waiver of the specified defects by Purchaser, the Closing shall be held on such date as shall be mutually designated in writing by Seller and Purchaser; provided, however, in the absence of such mutual designation, Closing shall be held on the later of the Closing Date or ten (10) consecutive business days after the title objections are cured or waived. If title is not made marketable or the objections thereto are not waived within sixty (60) consecutive days after the date on which Purchaser gives written objection to title as provided above, then Purchaser may at its option terminate this Agreement, in which event all Earnest Money shall be reimbursed to Purchaser and neither party shall have any further obligations hereunder. The following shall be deemed Permitted Encumbrances: L Reservation of minerals or mineral rights by the State of Minnesota; ii. Building, zoning and subdivision laws and regulations consistent with the current utilization of the Property; W. Exceptions to title which are not found objectionable after title examination; iv. Exceptions to title which constitute encumbrances, restrictions or easements which have been disclosed to Purchaser and accepted by Purchaser in writing; V. Exceptions or easements which constitute encumbrances, restrictions or easements which will be removed at or prior to Closing; vi. Matters raised in the Commitment to which Purchaser has not made timely objection. b. Purchaser obtaining affirmation and approval and authorizing Resolution from the Economic Development Authority for the City of New Hope authorizing the purchase on the terms and conditions set forth herein on or before the Closing Date. C. Purchaser conducting and completing such investigations and examinations of the Property as it deems necessary or advisable in its sole discretion. d. Purchaser determining to its sole satisfaction, or waiving, on or before the Closing Date, that the physical condition of the Property and its improvements are acceptable to Purchaser in its sole discretion. e. That Seller shall have fully kept, performed and observed each and every agreement and obligation on its part to be kept, performed and observed hereunder and all of Seller's representations and warranties shall be true and correct in all respects, as remade, on the Closing Date. Unless Purchaser has timely raised a contingency specified above on or before the date specified, the contingencies shall at 5:00 p.m. local time on the day specified be deemed fulfilled. 8. Conditions to Seller's Obligations. The obligations of the Seller to proceed on the Closing Date shall be subject (at its discretion) to the satisfaction on or before the Closing Date of the following conditions. a. The representations of Purchaser herein contained shall he true in all material respects on the Closing Date with the same effect as though made as such time; b. Purchaser shall have fully complied with all of the terms and conditions of this Agreement in all material respects; C Purchaser shall have provided evidence, reasonably acceptable to Seller and Title, that approval has been given by the Economic Development Authority of New Hope; d. Seller shall have received its formal Board approval, in form and substance as shall be approved by Title, granting authority to consummate this transaction, on or before the "Closing Date", as hereinafter defined. 9. Closing and Possession. a. The consummation of the purchase and sale contemplated hereby (the "Closing") shall be held on or before May 15, 2013 (the "Closing Date"). Closing shall occur in the office of Jensen Sondrall & Persellin, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota. b. Possession of the Property shall be delivered to the Purchaser on the Closing Date free of any outstanding rights of possession. 10 c. At the Closing: i. Subject to Purchaser's performance, Seller shall: 1. Deliver to Purchaser a general Warranty Deed, subject to such restrictive covenants limiting Purchaser's rights with respect to use of the Property, all in the form attached hereto as Exhibit C fully executed and acknowledged in recordable form, conveying to Purchaser good, indefeasible and marketable fee title pursuant to the provisions of this Agreement subject only to the Permitted Encumbrances. 2. Deliver an Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished to the Real Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property, together with whatever standard owner's affidavit and/or indemnity (ALTA Form) which may be required to issue an Owner's Policy of Title Insurance with the standard exceptions waived. 3. Provide an appropriate federal income tax reporting form, if any is required. 4. Execute all other documents reasonably necessary to perform this Agreement and to transfer the Property to Purchaser. 5. Pay the state deed tax due for conveyance of the Property. 6. Pay the cost of recording all documents necessary to place record title of the Property in the condition warranted and required of Seller by this Agreement. 7. Execute and deliver a Well Certificate for wells, if any, located upon the Real Property. 8. Provide a certified copy of a Resolution of the Seller's Board authorizing the sale and containing the legal description of the Real Property. ii. Subject to Seller's performance, Purchaser shall: 1. Deliver to Seller by wire transfer the balance of the Purchase Price, less any adjustments expressly authorized in accordance with this Agreement. II 2. Accept delivery of possession to the Property. d. Proration of all operating expense relating to the Property shall be made as of the Closing Date, with Seller responsible for the expenses applicable to the period prior to the Closing Date and Purchaser shall be responsible for the expenses on and after the Closing Date. e. If on the Closing Date any of the amounts to be apportioned under subparagraph d. above cannot be calculated with complete precision because the amount or amounts of one or more items included in such calculation are not then known, such calculation shall be made on the basis of reasonable estimates of Seller and Purchaser of the amount or amounts of the item or items in question, subject to adjustments (by additional payments by Purchaser to Seller or by refunds from Seller to Purchaser) when the amount or amounts of such item or items become known. Promptly after the amount of any such item becomes known to either party, such party shall notify the other thereof and shall include in such notice the amount of any required adjustment. If such adjustment requires an additional payment by Purchaser to Seller, Purchaser shall make such payment to Seller simultaneously with its giving of, or within twenty (20) consecutive days after its receipt of, such notice, as the case may be. If such adjustment requires a refund by Seller to Purchaser, Seller shall make such refund simultaneously with its giving of or within twenty (20) consecutive days after its receipt of such notice, as the case may be. 10. Real Estate Taxes and Special Assessments. Seller represents that the Property is exempt from ad valorem real estate taxes. Special assessments, if any, levied, pending, approved or deferred against the Property as of the Closing Date shall be paid by Seller. 11. Indemnification. a. Seller shall indemnify and hold Purchaser harmless from and against any and all claims, obligations and liability arising out of Seller's ownership, operation or maintenance of the Property for any portion for Seller's period of ownership thereof. b. Purchaser shall indemnify and hold Seller harmless from and against any and all claims, obligations and liability arising out of Purchaser's ownership, operation or maintenance of the Property for any portion for Purchaser's period of ownership thereof. 12. Real Estate Taxes and Special Assessments. Seller represents that the Property is exempt from ad valorem real estate taxes. Special assessments, if any, levied, pending, approved or deferred against the Property as of the Closing Date shall be paid by Seller. 13. Default, Termination and Remedies. a. if Purchaser defaults under this Agreement, Seller shall have the right to terminate this Agreement by giving written notice of such election to Purchaser, which 12 notice shall specify the default. If Purchaser fails to cure such default within ten (10) consecutive days of the date of such notice, Seller may at its option either (i) terminate this Agreement and retain all Earnest Money paid by Purchaser, or (ii) seek specific performance by Purchaser of Purchaser's obligations under this Agreement The termination of this Agreement and retention of the Earnest Money, or specific performance of this Agreement, shall be the sole remedies available to Seller for such default by Purchaser. b. If Seller defaults under this Agreement, Purchaser's sole and exclusive remedy shall be to (i) terminate this Agreement and receive a refund of the Earnest Money deposit and any interest accrued thereon, or (ii) pursue an action against Seller for specific performance of this Agreement, provided that such action is commenced within six (6) months of the date of Seller's default. The above remedies shall be Purchaser's sole and exclusive remedies on account of Seller's default. Provided, however, that in the case of a default by Seller under this Agreement, and in lieu of general damages, Purchaser may recover Purchaser's actual out-of-pocket costs and expenses incurred in preparing and negotiating this Agreement. 14. Brokerage. a. Seller shall indemnify and hold harmless Purchaser against and in respect of all claims, losses, liabilities and expenses (including, but not limited to, attorneys' fees and court costs) which Purchaser may incur on account of any claim which may be asserted against Purchaser, whether or not meritorious, by any broker or any other person on the basis of any agreements made or alleged to have been made by or on behalf of Seller. b. Purchaser shall indemnify and hold harmless Seller against and in respect of all claims, losses, liabilities and expenses (including, but not. limited to, attorneys' fees and court costs) which Seller may incur on account of any claim which may be asserted against Seller, whether or not meritorious, by any broker or other person on the basis of any agreements made or alleged to have been made by or on behalf of Purchaser. 15. Notice. Any notice, request or other communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, addressed: 13 To Seller: Robbinsdale School District No. 281 4148 Winnetka Avenue N New Hope, MN 55427 Attn: Mr. Jeff Priess Fax: 763-504-8971 Email: Jeff_ Priess@rdale.org With a cony to- Jeffrey D. Carpenter, Esq. Henson & Efron, P.A. 220 South 6th Street, Suite 1800 Minneapolis, MN 55402 Fax: (612) 339-6364 Email: jcarpenter@hensonefron.com To Purchaser: New Hope Economic Development Authority Attn: Curtis Jacobsen 4401 Xylon Avenue North New Hope, MN 55428 (763) 531-5119 With a copy to Jensen Sondrall & Persellin, P.A. Attn: Gordon Jensen 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)201-0210 Fax: (763)493-5193 E-mail: glj@jspattomeys.com or to such other party or other address as a party, by notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two addresses. Any notice given in any other manner (e.g. fax or e- mail) shall be effective only upon receipt by the addressee. 16. Insurance. a. Seller shall, during the term of this Agreement, maintain the fire and hazard insurance presently carried by Seller on the Property. At the Closing of the purchase and sale hereunder, Seller shall deliver the Property to Purchaser in the 14 same condition as exits as of the date hereof, normal wear and tear excepted. In the event the improvements on the Real Property or a portion thereof, are destroyed or damaged by fire or other casualty, such damage or destruction being in excess of $50,000.00 prior to the Closing hereunder, then, at the option of Purchaser (which option must be exercised within five consecutive days of receipt by Purchaser of notice from Seller of such fire or other casualty): L This Agreement shall be null and void in which case Earnest Money shall be returned to the Purchaser and neither party shall have any further rights, duties or liabilities hereunder, or ii. This Agreement shall remain in fall force and effect, and Seller, at the time of Closing hereunder, and in exchange for payment by Purchaser of the Purchase Price (subject to such adjustments thereto as are expressly provided for in this Agreement), shall transfer and assign to Purchaser all of Seller's rights, title and interest in and to the insurance proceeds received or to be received by reason of such damage or destruction and shall tender at Closing the deductible portion of any such loss pursuant to the terms of Seller's insurance policy. b. In the event the Improvements, or a portion thereof, are destroyed or damaged by Fre or other casualty, such damage or destruction being $50,000.00 or less and if: i. The insurance carrier affirms and acknowledges its liability; ii. The insurance proceeds are sufficient (when added to the deductible amount under such policy) to pay the full cost of repairing such damage or destruction; and iii. Seller tenders at Closing the full amount of the deductible portion of such insurance loss, then this Agreement shall not be terminated, and at Closing, Seller shall assign and transfer to Purchaser all such insurance proceeds and deductible amount. 17. Miscellaneous. a. All the terms of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the respective heirs, legal representatives, successors and assigns of Seller and Purchaser. Purchaser may not assign its interest in this Agreement without the advance written approval of Seller, which approval may be granted or withheld in Seller's sole and absolute discretion. In the event of any approval by Seller of an assignment of Purchaser's interest in this Agreement, and subject to the terms of such approval so granted, the individually named Purchaser, if so permitted by Seller, may allocate the percentage interest of the respective individuals in such manner as they may deem appropriate. 15 b. This Agreement contains the entire agreement between the parties. Terms hereof cannot be waived except by the written agreement of the parties. C. The captions used in connection with the sections of this Agreement are for convenience only and shall not be deemed to construe or to limit the meaning of the language of this Agreement d. This Agreement may be amended only by a written instrument executed by Seller and Purchaser. e. All references in this Purchase Agreement to "Agreement" shall refer to this Purchase Agreement, including all exhibits and attachments hereto as the same may be amended and modified by written agreement of the parties from time to time. L This Agreement may be executed in any number of counterparts and/or by facsimile signature, each of which shall be an original, but such counterparts together shall constitute one and the same instrument. g. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. h. It is expressly understood and agreed that Purchaser and Seller shall each be entirely responsible for the payment of any attorneys' fees incurred by each party relating to the legal services furnished to such party in connection with the transactions contemplated herein. L One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval of either party to or of any act by the other party of a nature requesting consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act The failure or delay on the part of either party to enforce or exercise at any time any of the provisions, rights or remedies in this Agreement shall in no way be construed to be a waiver thereof or of the right to thereafter enforce each and every provision, right or remedy. j. If any part of this Agreement or any part or any provision herein shall be adjudicated to be void or invalid, then the remaining provisions hereof, not specifically so adjudicated to be invalid, shall be executed without reference to the part of portions so adjudicated, insofar as such remaining provisions are capable of execution. k. Time is of the essence as respects all terms and conditions of this Agreement [The balance of this page has been intentionally left blank.] 16 Signature Paee PURCHASER: Economic Development Authority in and for the City of New Hope, a public body corporate and a political subdivision of the State of Minnesota sy:� Its: President 1 Its: Executive Director 27 SELLER: Independent School District No. 281, a public body corporate and a political subdivision of the State of Minnesota Signature Page PURCHASER: Economic Development Authority in and for the City of New Hope, a public body corporate and a political subdivision of the State of Minnesota 17 SELLER: Independent School District No. 281, a public body corporate and a political subdivision of the State of Minnesota /%�/Ji17/�T17n� By: q Its: !2 A e t I Tax Records ISee Attachedl sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are t warranted to represent arms -length transactions. no Sale Date: October, 2004 Sale Price: $114,564 Transaction Type: Vacant Land Tax Parcel Description The following Is the County Auditor's descnp[lon or this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description or this property on the public record when preparing legal documents for recording Addition Name: NS WINNETKA ADDITION Lot: Block: First Line Metes & Bounds; OLJI LOT A Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Estimated Market Value: — .---_ Taxable Market Value: Total Improvement Amount: - Total Net Tax; Total Special Assessments: Solid Waste Fee: Total Tax: Property Information Detail for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Values: — — Land Market Building Market Machinery Market Total Market: Qualifying Improvements ;—v,.:a_ntr t on r AAnn cn 1 111 nnro Page 1 of 2 Note: Taxes Payable 2013 (2012 Values) will be available on this web site approximately 03101 Parcel Data for Taxes Payable 2012 Property ID: 06-118-21-44-0054 Address: 86 ADDRESS UNASSIGNED Municipality: NEW HOPE School Dist: 281 Watershed: Construction year: 8 Sewer Dist: Approx. Parcel Size: E 115X166 i 02 Owner Name: SCHOOL DIST NO 281 Taxpayer Name & Address: ROBBINSDALE SCH DIST NO 281 4148 WINNETKA AVE N NEW HOPE MN 55427 sale Information Sales prices are reported as listed on the Certificate of Real Estate Value and are t warranted to represent arms -length transactions. no Sale Date: October, 2004 Sale Price: $114,564 Transaction Type: Vacant Land Tax Parcel Description The following Is the County Auditor's descnp[lon or this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description or this property on the public record when preparing legal documents for recording Addition Name: NS WINNETKA ADDITION Lot: Block: First Line Metes & Bounds; OLJI LOT A Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABSTRACT Value and Tax Summary for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Estimated Market Value: — .---_ Taxable Market Value: Total Improvement Amount: - Total Net Tax; Total Special Assessments: Solid Waste Fee: Total Tax: Property Information Detail for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Values: — — Land Market Building Market Machinery Market Total Market: Qualifying Improvements ;—v,.:a_ntr t on r AAnn cn 1 111 nnro Veterans Exclusion Homestead Market Value Exclusion Classifications: Property Type Homestead Status Relative Homestead Agricultural Exempt Status COMMERCAt. PREFERRED NON HOMESTEAD EXEMPT Page 2 of 2 h"'//w ' F Pn hennPnin mn nc/nine/min+rl=t Bile ;en9,,;AonG119�1 n A rnCA +"Plot, i 7 j CL 1 0 w ti ZT a 0 0 z o m z 0 z m i 7 j rp I CO i CL ti Two Ooi*l MOR - rp I CO i CL ti Page 1 of 2 Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value a arms -length transactions, nd are not warranted to represent - NO SALE INFORMATION ON FILE FOR THIS PROPERTY. i _ Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents For recording Addition Name: Note: Taxes Payable 1013 (2012 Values) will be available Lot: on this web site approximately 03/01 Block: Parcel Data for Taxes Payable 2012 Property ID: 06-118-21-44-0055 Address: 7940 55TH AVE N Municipality: NEW HOPE School Dist; 261 Construction year. ' Watershed: 8 Approx. Parcel Size: IRREGULAR Sewer Dist 02 Owner Namo:SCHOOL DIST NO 281 Taxpayer Name ROBBINSDALE SCH DIST NO 281 i &Address: I 4148 WINNETKA AVE N NEW HOPE MN 55427 Sale Information Sales prices are reported as listed on the Certificate of Real Estate Value a arms -length transactions, nd are not warranted to represent - NO SALE INFORMATION ON FILE FOR THIS PROPERTY. i _ Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal description of this property on the public record when preparing legal documents For recording Addition Name: UNPLATTED 06 118 21 Lot: Block: First Line Mates &Bounds: W 288.6 FT OF E 494.6 Fr OF N 112 OF Full Metes &Bounds: Note: To read full tax parcel description, click here. Abstract or Tor'ens: ABSTRACT Value and Tax Summary for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Estimated Market Value: ----- Taxable Market Value: Total Improvement Amount- Total mountTotal Net Tax: Total Special Assessments: Solid Waste Fee: Total Tax: Information Detail for Taxes Payable 2012 ablished by Assessor as of January 2, 2011 Values: Land Market Building Market Machinery Market Total Market: Qualifying Improvements Veterans Exclusion Homestead Market Value Exclusion htin•//ans'Frn"Pn...:n,nn.:ol..;,,�/...;.,+'I-To;1v :,..n-.; A=A41 r o� I A A( O<c rnI nn:I Page 2 of 2 Classifications: Property 7ype COMMERCIAL PREFERRED Homestead Status NON-HDMESfEAD Relative Homestead - Agricultural Exempt Status EXEMPT 'nrh� /hznxnvl F rn }�pn--, , -- —i,;.. I -,;-,A-4 ;1� :.... v.,;a-n <> 1 0� 1 nnnn cc t ni nniv if' co CD o m (D EFF > Z Z M w a tp Z -w 902 0 z W Fr t Jill if' co CD Page 1 of 2 Sale Information Sales Prices are reported as listed on the Certificate of Real Estate Value and arms -Length transactions. are not warranted to represent NO SALE INFORMATION ON FILE FOR THIS PROPERTY. _ Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal descriptlon of this property on the public record when preparing legal documents for recording Addition Name: UNPLATTED 06 118 21 Lot: Block: First Line Metes & Bounds: THAT PART OF THE NORTH HALF OF THE Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABS MAC7 Value and Tax Summary for Taxes Payable 2012 _ Values Established by Assessor as of January 2, 2011 Estimated Market Value: Taxable Market Value: Total Improvement Amount: Total Net lax: Total Special Assessments: $6,564.60 Solid Waste Fee: Total Tax: $6,664.50 Property Information Detail for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Values; -- -- Land Market Building Market Machinery Market Total Market: Qualifying Improvement, Veterans Exclusion Homestead Market Value Exclusion htt„-/hxmm,I (, rT h>n,,,,,,,,,,,, „�/..:��/...;rA�{,;t..: r oo r n AAnrz , rte, r,n, o Note: Taxes Payable 2013 (2012 Values) will be available on this web site approximately 03101 Parcel Data for Taxes Payable 2012 Property ID: 06-13B-21-44-0056 Address: BD00 55TH AVE N Municipality: NEW HOPE School Dist: 281 Construction year. Watershed: Sewer Dist: 8 Approx. Parcel Sze: IRREGULAR _ _ 02 Owner Name: INDEPENDENT SCHOOL DIST 281 Taxpayer Name & Address: ROBBINSDALE SCH DIST NO 281 4148 WINNETKA AVE N NEW HOPE MN 55427 Sale Information Sales Prices are reported as listed on the Certificate of Real Estate Value and arms -Length transactions. are not warranted to represent NO SALE INFORMATION ON FILE FOR THIS PROPERTY. _ Tax Parcel Description The following is the County Auditor's description of this tax parcel. It may not be the legal description on the most recent conveyance document recording ownership. Please refer to the legal descriptlon of this property on the public record when preparing legal documents for recording Addition Name: UNPLATTED 06 118 21 Lot: Block: First Line Metes & Bounds: THAT PART OF THE NORTH HALF OF THE Full Metes & Bounds: Note: To read full tax parcel description, click here. Abstract or Torrens: ABS MAC7 Value and Tax Summary for Taxes Payable 2012 _ Values Established by Assessor as of January 2, 2011 Estimated Market Value: Taxable Market Value: Total Improvement Amount: Total Net lax: Total Special Assessments: $6,564.60 Solid Waste Fee: Total Tax: $6,664.50 Property Information Detail for Taxes Payable 2012 Values Established by Assessor as of January 2, 2011 Values; -- -- Land Market Building Market Machinery Market Total Market: Qualifying Improvement, Veterans Exclusion Homestead Market Value Exclusion htt„-/hxmm,I (, rT h>n,,,,,,,,,,,, „�/..:��/...;rA�{,;t..: r oo r n AAnrz , rte, r,n, o Property Type Homestead Status Relative Homestead Agricultural Exempt Status Classifications: LAND COMMERCu PREFERRED NOWMOMESrEAD EXEMPT Page 2 of 2 1 011 AA AA<4 + n nni a o b m foo � O `L 20 O W 1 O m 0 ^ R O qN A 3 m a O m m CA a) I j 9 m m r yy a N NZD AO77 O� v m— m O OI m S N m H M m OOZ c w �� mZ"o a m 3 r y Z N y 0 p� S foo � —fin i6 3�' x O c5 m G. y 0 Z CO qN A 3 CA a) I j 9 Removable FSztares and Personal Property (See Attachedl r CD N O Z 0 U) W F- ,LU V Q J Q cn F- U Q LL J 0 0 U U) F- W Z z a C w `� -a -❑ � j d m d C d d O C C C �y= 3 3 3 3 o m= o 3 ° 3 3 aU � f� U ii 'u ❑. � Z _ -p c c t = V t = � ❑+ O) m v! t t t °m 3 a 0 3 0 � 3 � � T E ❑ a ❑ 3 W F � U -W N � Z a r Z o 0 x e. r ) ) ) 3 G ° o ° v v � T d d Z _ _° ° w a o ❑ Y w m 'v m m m J o O d E V ❑ � Z ii @ _ n s � � u v � a' � m ° �'n ° o � `❑ o ° ti d ° m o= v E `❑ m Q O C O O 0OpC ° O E p a m p M m p = p p V U p 2 YV C u. V c o F O i - o 9 u O N O O E E a r Y O O d ° O O V O Q p E O O v o � w � � a y a o `o `❑ p � Q 'd ` `d Q w � a �v � Deed LSee Attachedl i WARRANTY DEED STATE DEED TAX DUE HEREON: $5,950.0o Date: --_.20__ FOR VALUABLE CONSIDERATION, INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota, Grantor, hereby conveys and warrants to ECONOMIC DEVELOPMENT AIITHOR]TY OF THE CITY OF CRYSTAL, a public body corporate and politic under the laws of the State of Minnesota, Grantee, together with its successors and assigns, real property located in Hennepin County, Minnesota, described as follows: Lot 7 and the West 270 Feet of Lot 8, excluding road right ways, Schaefers Lake Side Grove, according to the recorded Plat thereof, Hennepin Connty, Minnesota; and Outlot 1, Mork Campion 4th Addition, according to the recorded plat thereof, Hennepin County, Minnesota. together with all hereditaments and appurtenances belonging thereto (collectively, the "Property"). THE SELLER CERTIFIES THAT TIE; SELLER DOES NOT KNOW OF ANY WELLS ON THE DESCRIBED REAL PROPERTY. Grantee hereby covenants and warrants for Grantee and Grantee's successors and assigns, and for the benefit of Grantor and Grantor's successors and assigns, that, except as, and until, otherwise agreed in a writing duly executed by and between Grantee and Grantor, or their respective successors and assigns, and duly recorded against the Property with the County Recorder in and for the County of Hennepin, State of Minnesota, Grantee shall not use, or permit the use of, the Property, in whole or in part, whether as a single campus or location or together with one or more other campuses or locations, and whether individually or in concert or affiliation with one or more other persons or entities, for any educational purpose, program, i service or other educational use that includes, in whole or m part,or all. academic de levels from end inccluding kindergarten through and including twelfth grade; pro ' - and notwithstanding the foregoing, the following shall apply; (a) Grantee may use, or however. use oi; all ora onion of the Pro @ pre -kindergarten > Per t the P Property for the provision of either or both r child care services and (ii) academic tutoring services; and (b) Grantee may use, or permit the use of, any athletic or recreational fields comprising all or any portion of the Property for any athletic or recreational purpose. All of the foregoing covenants and restrictions shall run with the land, and shall be binding upon Grantee and Grantee's heirs, devisees, Personal representatives, successors and assigns. I AFFIX DEED TAX STAMP HERE: GRANTOR: INDEPENDENT SCHOOL DISTRICT NO. 281 Its ACKNOWLEDGMENTS STATE OF MINNESOTA ) _._) ss. __ ---COUNTYOF HENNEPIN ) _ The foregoing instrument was acknowledged before me this 20_, by the by and the of Independent School District No. 281, a public body corporate and politic under—the laws of the State of Minnesota, on behalf of the corporation, (Notarial Sea]) (NAME AND ADDRESS) Henson & Efron,P.A. 220 South Sixth Street Suite 1800 �UmreapoGs, Minnesota 55402-4503 3 Notary Public Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): AMENDMENT TO PURCHASE AGREEMENT THIS AMENDMENT TO PURCHASE AGREEMENT ("Amendment's is made effective the 8' day of July, 2013, by and between ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a public body corporate and a political subdivision of the State of Minnesota (hereinafter referred to as "Purchaser") and INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and a political subdivision of the State of Minnesota (hereinafter referred to as "Seller"). RECITALS WHEREAS, the Seller and Purchaser are parties to a Purchase Agreement dated effective February 19, 2013, for sale and purchase of certain real property and personal property as identified . therein, commonly known as the "Winnetka Learning Center" (the "Purchase Agreement"); and WHEREAS, the "Due Diligence Period" as provided in paragraph 4 of the Purchase Agreement has not expired; and WHEREAS, Purchaser has requested additional time for certain Due Diligence, including specifically conducting a Phase I Environmental Site Assessment and Phase II Environmental Site Assessment for the purpose of processing grant applications for environmental remediation work at the Property; and WHEREAS, Seller has determined it is in its best interest to accommodate the request of Purchaser for extension as provided herein. NOW, THEREFORE, in consideration of the foregoing recitals and One Dollar ($1.00) and other good and valuable consideration, it is agreed as follows: 1. The "Due Diligence Period" as defined in paragraph 4 of the Purchase Agreement is extended and the "Due Diligence Period" shall expire June 28, 2013. 2. Paragraph 9.a. of the Purchase Agreement shall be deleted and replaced with the following: a. The consummation of the purchase and sale contemplated hereby (the "Closing") shall be held on or before July 8, 2013 (the "Closing Date"). Closing shall occur in the office of Jensen Sondrall & Persellin, P.A., 8525 Edinbrook Crossing, Suite 201, Brooklyn Park, Minnesota. 3. Seller and Purchaser each respectively agree that as amended, the Purchase Agreement remains in full force and effect binding between the parties in accordance with its terms. 4. This Amendment may be executed in several original counterparts, each of which and all together will constitute this Amendment in its entirety. A counterpart of this Amendment executed by a party and delivered to the other party via telecopier or electronically will be construed as a legally binding signature. Without delay, the sending party should deliver an original signed counterpart to the other party. SELLER: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a public body corporate and a political subdivision of the State of M' nnesota m Its: President 0 Its: Executive Director P9Attom"y lilldlient FoldemWityaNe Nope\W 113] N -A ,e embPA-W doo PURCHASER: INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and a political subdivision of the State of Minnesota By: Its: Chair By i! U Its: Clerk SELLER: ECONOIVHC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a public body corporate and a political subdivision of the State of Minnesota By: 9� Its: President 1 By: Its: Executive Director P:WtomW0jII-aiem Foldm City ofNm HopdG9.11362100&Amendmem to PA-Mdoc 2 PURCHASER: INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and a political subdivision of the State of Minnesota By: Its: Chair By: Its: Clerk `WAWenck Engineers * Scientists Business Professionals June 24, 2013 Mr. John Evans Hennepin County Department of Environmental Services Suite 700 7014`" Avenue South Minneapolis, MN 55415-1600 RE: Phase I Environmental Site Assessment Winnetka Learning Center 7940 551h Avenue North New Hope, Minnesota Wenck File No. 1407-27 Dear Mr. Evans: Wenck Associates, Inc. 1802 Wooddale Drive Surae 100 Woodbury, MN 55125-2937 (651)2944580 Fax (651) 228-1969 wenckmo(awenck corn www.wenck.com Enclosed is our completed Phase I Environmental Site Assessment for the above -referenced property. As you will note from the report, it is our determination that the Subject Property is not affected by recognized environmental conditions as defined in the ASTM E-1527-05 Standard Practice or the U. S. Environmental Protection Agency's All Appropriate Inquiry rule. Although not considered to be a recognized environmental condition, we have identified two historical recognized environmental conditions (HRECs). The first HREC is the status of a "closed" Leaking Underground/Aboveground Storage Tank (LUAST) incident on the Subject Property. An underground fuel oil tank was replaced on the Subject Property in 1998. A release of petroleum was detected and remediated to the satisfaction of the Minnesota Pollution Control Agency (MPCA). Residual petroleum impacts may remain on the Subject Property in the area of the current tank basin. The second HREC is the former Sinclair Station, located adjacent to the north of the Subject Property. This site is likely to affect the soil and/or groundwater on the former farmstead parcel on the north side of the Subject Property due to the existence of reliance letters for the farmstead parcel from the MPCA regarding leaded gasoline and 1,2-dichloroethane. This portion of the Subject Property was acquired by the Robbinsdale Area Schools in 2004. Also, during our historical review, there were no water supply well sealing records or septic system abandonment records related to the former farmstead. It is likely that these systems were abandoned during demolition of the farmstead. If a water well or septic system are encountered during redevelopment activities, the appropriate contractors should be contacted to seal the systems according to State regulations. Based on the findings in the Phase I ESA, we recommend that a Limited Phase II Environmental Site Assessment be conducted on the Subject Property to collect soil and soil gas samples. Based on our review, it appears that groundwater is at 50 feet below grade and groundwater samples would not be collected unless encountered within 25 feet of the ground surface. The results of the Phase II ESA would N:\Techn1C3!\1407\27\3407Q7 F.SA_transmlaalAwx Mr. John Evans Hennepin County Department of Environmental Services June 24, 2013 provide a "snapshot' of current site conditions and address possible soil vapor issues that may be encountered during construction activities and facilitate the preparation of a Development Response Action Plan. If you have any questions about our report or if we can provide further assistance, please contact me at (651)395-5224. Sincerely, WENCK ASSOCIATES, INC. Michelle L. Hosfield Environmental Scientist Enclosures (1 CD-ROM and 1 hard copy) CC: Curtis Jacobsen, Director of Community Development— City of New Hope, MN (1 CD-ROM) N:\T.M.i. \I 7\27\1407-n f<e`mo.mlet.�.aoo fA"�Wenck RESOLUTION AUTHORIZING SALE OF WINNETKA SCHOOL PROPERTY TO NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, pursuant to due call and lawful notice thereof for a regular meeting of the school board (the "School Board") for Independent School District No. 281, an independent school district created and existing under, and in accordance with, the laws of the State of Minnesota, a regular meeting of the School Board was held on November 4, 2013, at 5:30, pm; and WHEREAS, Independent School District No. 281 (the "District") maintains ownership of various real properties and buildings, including without limitation the former Winnetka School building and surrounding real property, located at 7940 55u' Avenue North, New Hope, MN, and legally described on Exhibit A attached hereto (collectively, the "Winnetka Property"), all of which Winnetka Property, as a result of declining enrollment and other economic factors, exceeds, in the aggregate, the District's reasonably projected current and long term real property and building needs; and WHEREAS, sale or other disposition of the Winnetka Property is desirable in order to reduce excess costs of management (including maintenance and repair), of vacant or underutilized properties under ownership by the District, and in order to reapply the District's financial resources more effectively for the long term benefit of the District, its students and surrounding community; and WHEREAS, the Economic Development Authority for the City of New Hope (the "New Hope EDA") has expressed an interest in purchasing the Winnetka Property, and has entered into a Purchase Agreement with the District to so acquire the Winnetka Property, all pursuant to the terms and provisions of that certain Purchase Agreement, dated February 19, 2013, as thereafter amended by that certain Amendment to Purchase Agreement, dated effective as of July 8, 2013, by and between the New Hope EDA and the District (the "Purchase Agreement"); NOW, THEREFORE, BE IT RESOLVED by this writing that the following Resolutions are hereby adopted: 1. Entry by the School Board into that Purchase Agreement, dated February 19, 2013, as thereafter amended by that certain Amendment to Purchase Agreement, dated effective as of July 8, 2013, by and between the New Hope EDA and the District, and as may otherwise thereafter be amended and/or extended from time to time, through and including November 15, 2013, solely for the purposes of implementing the terms and provisions the Purchase Agreement, as herein amended, is hereby ratified and approved in all respects; 2. The School Board is hereby authorized to do and perform the obligations of the School Board and the District pursuant to the terms and provisions of the Purchase Agreement; and I Each of the Chairperson, Clerk and Deputy Treasurer of the School Board are hereby authorized and instructed to execute and deliver, and/or otherwise perform, in all material respects, and on behalf of the School Board, any and all closing documents and/or other closing obligations described and set forth in, or otherwise reasonably contemplated by, the Purchase Agreement, including without limitation execution and delivery of a General Warranty Deed by the District to the New Hope EDA. j'. Sherry L. Ty ' 11,ai 991335.DOIX Thomas J. Walsh, Clerk ACKNOWLEDGEMENTS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this y � day of November, 2013, by Sherry L. Tyrrell, the Chair of Independent School District 281, an independent school district created and existing under the laws of the State of Minnesota. IWON'o'ta' ANNE M. MARCHANDry Public: nnesotaC° tan E.0 Jan 91.2015 STATE OF MINNESOTA ) )Ss. COUNTY OF HENNEPIN ) Notary Pt lic The foregoing instrument was acknowledged before me this L/-(I�\ day of November, 2013, by Thomas J. Walsh, the Clerk, of Independent School District 281, an independent school district created and existing under the laws of the State of Minnesota. - KARYLANNE M. MARCHAND Notary Public -Minnesota Not Public 489276.DOIX My Conis msbn 6p1mJan 91.2015 Notary '(Legal Description) Parcel l: Outlot A, CVS Winnetka Addition, Hennepin County, Minnesota, (Abstract Property) Parcel 2: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40.0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. AND EXCEPT: The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 5 1. 00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. CLERK'S CERTIFICATE The undersigned, the duly elected, qualified, and acting Clerk of the School Board (the "School Board") for INDEPENDENT SCHOOL DISTRICT NO. 281, an independent school district under the laws of the state of Minnesota ("Robbinsdale School District"), does hereby certify as follows: 1. The person whose name, title and signature appear below is the duly appointed, qualified and acting Deputy Treasurer of Robbinsdale School District, who holds, on the date hereof, said office of Deputy Treasurer, and whose genuine signature appears opposite said person's name below. Name Office Signature Jeff Priers Deputy Treasurer 2. The aforementioned person is authorized to sign all contracts and agreements approved by the School Board, and all other reports that require the signature of the Treasurer. 3. Attached hereto as Exhibit A is a true, correct and complete copy of the minutes of the June 20, 2011 meeting of the School Board (the "June 2011 Minutes"), and such June 2011 Minutes have not been further amended and are in full force and effect as of the date of this Certificate. Paragraph 8 of such June 2011 Minutes evidence the actions by the School Board in the June 20, 2011 appointment of Jeff Priess, then and current executive director of Business Services for Robbinsdale School District, to the additional position of Deputy Treasurer for Robbinsdale School District, which position Jeff Priess continues to hold as of the date hereof. 4. Attached hereto as Exhibit B is a true and correct copy of an excerpt of the Bylaws of the School Board which specify the duties of the Deputy Treasurer of Robbinsdale School District, including the duty to sign all contracts and agreements approved by the School Board. Such Bylaws have not been further amended and are in full force and effect as of the date of this Certificate. 5. IN WITNESS WHEREOF, I have hereunto set my hand effective as of the =`¢ day of November, 2013. Thomas J. Walsh, (aerk 490767.DOC EXHIBIT A SEE ATTACHED EXHIBIT A Official Minutes of June 20, 2011 Regular Meeting A regular meeting of the School Board of Robbinsdale Area Schools was held Monday, June 20, 2011, in the Education Service Center Boardroom, 4148 Winnetka Avenue North, New Hope, Minnesota. I . Call to Order and Rofl Call Chair Van Heel called the meeting to order at 7:02 p.m Present: Bassett, Bomchill, Green, Johnson, Tyrrell, Van Heel, Walsh, directors; Aldo Sicoli, superintendent, 2. Acceptance of Agenda Chair Van Heel requested that the agenda be amended to postpone item 71. to set a July 11 closed session regarding sale of Cavanagh be postponed until the August 8 board meeting. Johnson moved to approve the agenda as amended. Walsh seconded the motion; motion carried. 3.. Arts Showcase and Sharing the Success A. Arts Showcase —None B. Sharing the Success 1. Recopnition of T.nr The superintendent and school board recognized and thanked Lonnie Smith for his service to Robbinsdale Area Schools. Lonnie retired from Lakeville Public Schools in 2007; he came out of retirement to become our executive director of Business Services. In his role as the executive director of Business Services, Lonnie worked hard to keep the district financially sound and maintain an environment for successful teaching and learning. He has provided excellent le4adership in addressing district finances, child nutrition, payroll, purchasing, buildings and grounds and transportation. Lonnie was thanked for his service as a wise leader, great colleague, and outstanding steward of our taxpayers' money. 4. Superintendent Report Superintendent Sicoli provided highlights of recent events and meetings. He attended the June 7 Highview Commencement ceremony and enjoyed hearing from graduates about their educational careers and the positive impact that the staff at Highview have made on their lives. The June 9 Hennepin County/Superintendents meeting focused on the following topics: • Regional Transportation Network — Some districts will further explore the idea of a regional transportation network for transporting students to Intermediate District 287 facilities, homeless students, teen parents, students in care and treatment programs, charter school students, and students who attend a school for the Deaf and Blind. The districts will send representatives to design a model with specific routes so the financial ramifications on each district can be determined. • Next Steps to Achieving the Hennepin County Graduation Goal — in four areas (Prevention, Data, ALC Plus, Communication). It was suggested that the next time there is an Innovation Incubator Meeting, that they be intentional about who attends. Superintendent Scioli suggested Principals and those who work with possible dropouts (ALC Directors and Technology Directors). A meeting was scheduled for district Communications Directors to meet; they will be provided with information to help them be better prepared to communicate these matters within their districts. A meeting with the Minnesota Department of Education will occur later. 5. Special Reports A. Financial Advisory Council Report Mark Noordsy, chair of the Financial Advisory Council (FAC) presented the report to the board. The Council works to provide financial advice and support to the Board and administration; evaluates the district's economic condition; develops reasonable budget assumptions; uses a financial planning model to develop reasonable revenue and expenditure projections; makes sound and timely recommendations to the Board; and develops consumer -orientated financial presentations. The Council met I I times during the 2010/2011 year. Council accomplishments included study and input on the following: enrollment demographics and budget assumptions, operation budget and expenditure changes, the Capital budget, Truth in Taxation information, the positive, proactive work of the budget committees, board and community communication, the external audit, "Key Fact" sheet, and search for the replacement of executive director of Business Services. Observations included: the level of transparency in District 281 finance is high; the district has demonstrated a proactive, prudent approach to financial management; competence of finance staff is high, indicated by `clean" audits and staff knowledge of the numbers, regulations and process and the budget process is comprehensive and is based on reasonable assumptions; the district continues to deliver on its promises related to referendum revenue — class size, restoration of programs, increased fund balance; continue focus on maintaining an unassigned fund balance of at least 6.5% of the annual budget; continue the budget committee process. Next steps for the Financial Advisory Council include: continue proactive involvement in major financial issues/decisions/ continue board and community communication; continue to provide counsel in the way financial information is communicated; continue to leverage the skills of the FAC with the needs of the district and maintain independence. Members of the Financial Advisory Council were thanked for their excellent work in providing information and suggestions to the board and administration. B. Superintendent Evaluation Report Chair Van Heel provided the following summary of the Superintendent Evaluation. On Tuesday June 7, 2011, the school board met with Superintendent Sicoli in closed session to discuss the 2010/2011 superintendent evaluation. They had a very productive and dynamic meeting. Van Heel was pleased to report that during their discussion, board members repeatedly expressed how pleased they are with the outstanding performance of Superintendent Sicoli and the great things that are happening in our district for all of our students due to his collaborative leadership style and excellent communication skills. Prior to the meeting on June 7, each board member independently completed a superintendent evaluation survey. They evaluated Superintendent Sicoli's performance in six main areas of responsibility: Strategic Plan and Results, Employee Relations, Community and External Relations, Operational Management, Financial Management and Board Relations. Each main area had several items in which the board indicated the level of performance using the following indicators: unsatisfactory, basic, proficient, distinguished, or not applicable. In addition, board members listed commendations and opportunities for action for each item The results of these surveys were collated into one document. The board's evaluation indicated that Dr. Sicoli has consistently demonstrated expertise and skill in all evaluation areas and has exceeded expectations. During the June 7 meeting, the board reviewed and discussed the commendations and opportunities for action for the six main areas of responsibilities. Next, they met with Dr. Sicoli to review and discuss the results of our discussion. The following are some of the many comments that were made during the discussion. Strategic Plan and Results Commendations:. • Strategic plan is being used at administrative level and at school board meetings • Improvement in schools is happening — student achievement up, climate improved, systems such as RTI, PBIS, AVID, Admission Possible in place • Monitoring calendar has been implemented and is appreciated • Pushed to set "stretch" goals for closing the achievement gap Oonortunities for Action: • Continue marketing school district • Continue focus on targeted staff development • Continue to keep strategic plan front and center • Continue to improve academic achievement especially at secondary • Continue to improve school climate and safe learning environment B. Employee Relations Commendations: • Excellent communication skills • Excellent positive, productive relationships • Excels at empowering staff • School district has an improved collaborative environment • Superintendent Sicoli shows genuine appreciation and great recognition of staff accomplishments, large and small Opportunities for Action: • Spotlight staff more at board meetings • Continue to work on performance evaluations at all levels and provide professional development where needed • Strengthen criteria and accountability for tenure awards C. Community and External Relations Commendations: • Excellent communication skills • Visible throughout district • Honest and open which builds trust • Communicates vision well and often • Promotes district well Opportunities for Action: • Get data on stakeholder satisfaction • Continue to improve customer service at all levels D. Organizational Management Commendations: • Work is getting done in spite of cuts — good reorganization • Superintendent Sicoli does not shy away from addressing issues directly • The decision making process is more inclusive leading to improved results and buy -in Oonortunities for Action: • Evaluate overall effectiveness of all programs • Continue to identify and develop leaders among staff E. Financial Management Commendations: • Success of 6 budget committees • Proactive approach providing options • Cuts have minimal affect to classrooms • Fund balance has increased and is watchful on expenses Opportunities for Action: • Have the budget tell the story to our community • Show how budget aligns with strategic plan F. Board Relations Commendations: • Respectful • Genuine • Fun to work with • Integrity • Innovative • Listens well • Good sense of humor • Views Board and Superintendent as a TEAM Opportunities for Action: • Continue to clarify what materials the board needs or would want at meetings for decision making In conclusion Van Heel read this comment from one board members evaluation. "Superintendent Sicoli has again distinguished himself as a highly effective superintendent for Robbinsdale Areas Schools. Progress toward many district goals and objectives has surpassed expectations. He is continuing to provide the excellent leadership skills necessary to implement our strategic plan with clarity and focus. He works with staff in a collaborative style and promotes continuous improvement in all areas of the organization through teamwork and a positive attitude. He effectively partners with the board to look for ways to reach out to all members of our community. Our ability to deliver quality educational programs while staving within our financial means is impressive. He celebrates staff and student achievement while recognizing and addressing the need to improve." Superintendent Sicoli was thanked for another exciting and productive year. The Board is looking forward to all the great things in store for our students during the 2011/2012 school year. 6. Teaching and Learning A. Elementary Sorine MAP Scores - Grades 3-5 Gayle Walkowiak, executive director of Teaching and Learning presented the Spring Measures of Academic Progress (MAP) Result 2011 and Achievement Gap Predictions for Grades 3-5. Growth was measured from the fall of 2010 to the spring of 2011. Data was presented by grade level, ethnicity and proficiency level. All nine district elementary schools showed above average growth in both reading and math. Based on the Spring MAP Results 2011, the following are Achievement Gap Predictions, Prediction Caveats include — predictions are based on Elementary grades only; the predictions are based on alignment studies with strong, but not perfect correlations; achievement gap targets and predictions are based on all students tested; New: Math MCA -III. Predictions indicate — the overall Adequate Yearly Progress index score will increase for both reading and math. The reading achievement gap between Caucasian students and students of color will decrease from 24 index points in 2010 to 20 index points in 2011. The math achievement gap between Caucasian students and students of color will decrease from 27 index points in 2010 to 22 index points in 2011. Students of color includes four ethnic groups: American Indian, Asian American, Hispanic American and African American students. 7. Operations A. End of Year Enrollment Report Dennis Beekman, executive director of Technology, presented the End -of -Year Enrollment Report. The summary includes the following: Actual 2010-2011 enrollment is similar to 2009-2010 levels; the 2010-2011 mid -year attrition rate is also very similar to 2009-2010; actual 2010-2011 elementary enrollment is slightly higher than 2009-2010 levels; actual Average Daily Membership (ADM) validates the revised 2010-2011 enrollment projections used for revenue budget assumptions and staff allocations. B. Policy 524 Network/Intemet Acceptable Use and Safety - second reading Dennis Beekman, executive director of Technology, presented the second reading of Policy 524. The purpose of this policy is to set forth policies and guidelines for access to the school district computer, voice and video systems and acceptable and safe use of the Internet, including electronic communications. The changes to the model policy include the use of newer technologies, and alignment with existing successful practices supporting the use of the network and internet in our schools and programs. Johnson moved to adopt the second reading of Policy 524. Green seconded the motion; motion carried. C. Ten Year Alternative Facilities Plan Lonnie Smith, executive director of Business Services and Jim Gerber, Facilities Program Director, presented the district's Ten Year Alternative Facilities Funding Plan which will be submitted to the Minnesota Department of Education (MDE). The June 2011 Ten Year Plan for alternative facilities expenditures is recommended to address facility deferred maintenance and major repair needs in the District. Johnson moved to approve submittal of the Ten Year Plan to MDE. Tyrell seconded the motion; motion carried. The Ten Year Plan is available at www.rdale.or. D. Bid Award for Robbinsdale Cooper High School Low Voltage Cable System Lonnie Smith, executive director of Business Services, asked the board to approve a bid award of the Base Bid for the Low Voltage Cable System Work for Surveillance, Security and EMS to Egan Company of Brooklyn Park, Minnesota in the total amount of $106,823. Walsh moved to approve the bid award. Bassett seconded the motion; motion carred. E. Bid Award for Milk and Milk Products Lonnie Smith, executive director of Business Services, presented the bid award recommendation for milk and milk products. The recommendation was to award item numbers 1-7 and 9-12 to Agropur, Inc., in the amount of $235,686.75 and reject item numbers 8, 13 and 14. Bid specifications are for a two year contract for 2011-12 and 2012-13 school years, with an option to renew for two additional one year periods. Bomchill moved to approve the bid award. Johnson seconded the motion; motion carried. F. Resolution Adopting Budget 2011-2012 Lonnie Smith, executive director of Business Services, presented information on the Budget for 2011-2012, including revenue and expenditures by funds — General/Transportation, Child Nutrition, Community Service, Capital Expenditure, Building Construction and Debt Service. He also asked the board to approve the Resolution Adopting Budget 2011-2012. Green introduced the following resolution and moved its adoption: BE IT RESOLVED by the School Board of Independent School District No. 281, Robbinsdale, Minnesota, that the 2011-2012 preliminary budget be adopted as follows: FUND REVENUE EXPENDITURE! General/Transportation $128,395,595 $127,875,487 Child Nutrition 6,033,192 6,155,026 Community Service 7,805,522 7,855,410 Capital Expenditure 5,248,428 6,362,613 Building Construction 7,159,928 14,097,887 Debt Service 16.503.887 16.494.369 GRAND TOTAL $171,146,552 $178,840,792 Motion was seconded by Tyrrell, and upon vote being taken thereon, the following voted in favor thereof: Bassett, Brown, Green, Johnson, Tyrrell, Van Heel, Walsh; And the following voted against the same: none; Whereupon said resolution was declared duly passed and adopted. G. Policy 501 Weapons Policy Lori Simon, executive director of Education Services, presented the second reading of Policy 501 Weapons Policy. The purpose of the policy is to assure a safe school environment for students, staff and the public. Tyrrell moved to approve the second reading. Johnson seconded the motion; motion carried. H. Policy 514 Bullying Prohibition Policy Lori Simon, executive director of Educational Services, presented the second reading of Policy 514 Bully Prohibition Policy. A safe and civil environment is needed for students to learn and attain high academic standards and to ensure a healthy school climate. Bomchill moved to approve the second reading. Johnson seconded the motion; motion carried. Student Behavior Handbook: Rights & Resoonsibilities Lori Simon, executive director of Educational Services, presented the Student Behavior Handbook: Rights & Responsibilities. She noted that the Student Behavior Handbook is based upon national research on best practices, including research done in conjunction with Positive Behavior Interventions and Supports (PBIS), which is being implemented throughout district schools. Tyrrell moved to approve adoption of the Student Behavior Handbook. Green seconded the motion; motion carried. J. Set Date and Time for Truth in Taxation Hearing - December 5 2011 - 6:05 - 6.55 n m Walsh moved to set the Truth in Taxation Hearing for Monday, December 5, 6:05 — 6:55 p.m.; the regular board meeting will follow the Hearing. Green seconded the motion; motion carried. K. Set School Board Work Session for July 11 2011 5.30 p.m. Bassett moved to set a school board work session for July 11, 2011 at 5:30 p.m. Walsh seconded the motion; motion carried. L. Set July 11, 2011 Closed Session Regarding Sale of Cavanagh Pursuant to M S 13D.05, subdivision 3. to Follow Regular Board Meeting - Action postponed until August 8, 2011 board meeting. 8. Consent Agenda The Consent Agenda included 8. A. Administrative Matters - 8.A.1. Minutes of the June 6, 2011 regular board meeting; B.B. personnel matters; 8.C.Financial Matters — 8.C.1. Gifts in the amount of $15,430.00; 8.C.2. Contracts; 8.C.3 Grants, and 8.C.4. Financial Report for the Period Ended May 31, 2011; 8.D. Other Matters — 8.D.1. Appointment of Jeff Priess, executive director of Business Services as Deputy Treasurer; S.D.2. Resolution Designating Depositories for School District Funds for the 2011/2012 fiscal year - depositories include US Bank -Bond Paying agenda, Wells Fargo Bank Minnesota, NA -Payroll, Accounts Payable and Student Activities; Bank of New York -Building Fund Investments; Morgan Stanley - Building Fund Investments Credit Agricole CIB, PERA-OPED Bond Proceeds, Minnesota School District Liquid Asset Fund Plus; 8.13.3. Authorize for payment of specific statements in advance of Board approval; 8.D.4. Appoint Springsted, Incorporated as the district's financial advisors for 2011-2012; 8.D.5. Appoint legal counsel — Frank Madden and Associations; Knutson, Flynn and Deans; Faegre and Benson; Ratwick, Roszak and Maloney; Kennedy and Graven Chartered; Morrison, Fenske and Sund; Henson and Efron, and contracted services through Intermediate District 287 be retained for the 2011-2012 school year; 8.D.6. Designate Sun Post weekly newspaper, published by the American Community Newspapers the official publication for Robbinsdale Area Schools; 8.D.7. Resolution Designating Brokers of Investment of District Funds for 2011-2012 school year—Morgan Stanley Smith Barney -General Account Investments, Dain Rausher-General Account investments; Wells Fargo -General Account Investments; Minnesota School District Liquid Asset Fund Plus -General Account Investments. Johnson moved to approve the Consent Agenda. Green seconded the motion; motion carried. 9 Board Reports 10. Announcements 11. Adjournment Tyrrell moved to adjourn the meeting at 9:42 p.m. Bassett seconded the motion; motion carried. EXHIBIT B SEE ATTACHED C. CLERK The Clerk shall: 1. Perform the duties of the Chair in the temporary absence of the Chair and Vice -Chair. The Clerk (or Assistant Clerk as the Clerk's designee) shall: 1. Keep a complete record of proceedings of the School Board at its meetings. 2. Sign, or cause to be signed, all orders upon the Treasurer for payment of bills, salaries and contracts approved by the Board to be disbursed by the Treasurer. 3. Assure accuracy of Board meeting minutes. 4. Perform all other duties imposed by Minnesota statutes and other such duties as may be assigned by the School Board. D.TREASURER The Treasurer shall: 1. Perform the duties of the Chair in the temporary absence of the Chair, Vice -Chair and Clerk. 2. Serve as the Board representative on the Financial Advisory Council. The Treasurer (or Deputy Treasurer as the Treasurer's designee) shall. 1. Receive, hold in custody and expend all funds as directed by the School Board. 2. Perform all other duties imposed by Minnesota statutes and other such duties as may be assigned by the School Board. V. CALL AND CONDUCT OF MEETINGS Robert's Rules of Order shall govern School Board regular, special, and emergency meeting procedures. The School Board may temporarily suspend Robert's Rules of Order at any meeting by a majority vote of the School Board members present. A. Call of Regular Meetings The Board shall meet as required by law. No action authorized or required by law shall be taken by the Board except in a meeting open to the public and after appropriate notice to the public as required by law. B. Call of Special Meetings 1. Special meetings of the Board may be called by the chair, clerk or any three members of the board. 2. Notice of special meetings will be provided to each Board member at least three (3) days prior to such meetings. The notice shall include the time, place and purpose of the meeting. 3. Board powers shall be the same at special meetings as at regular meetings. Bylaws Approved and Adopted 11/20/2012 1 MN Statute 1238.14 3 CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota (referred to herein as "Grantor"), the undersigned hereby certifies the following: The Grantor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate, or otherwise a foreign person (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. The tax identification number of Grantor is 41-6001408; and The principal place of business of Grantor is at 4148 Winnetka Avenue North, New Hope, MN 55427. The Grantor understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, the undersigned has examined this certification and to the best the undersigned's knowledge and belief it is true, correct, and complete. Dated: November , 2013 141AMLYU1111A INDEPENDENT SCHOOL DISTRICT NO. 281 By v Jeff Priess,i Treasurer 477391.DOC ACKNOWLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November, 2013, by Jeff Priess, the Deputy Treasurer for INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota, on behalf of said public body. Notary Public (Notarial Seal) AFFIDAVIT OF TITLE The undersigned affiant, Jeff Priess, the Deputy Treasurer of INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota ("Seller"), being first duly sworn, on oath state that he is familiar with this property and has knowledge of the following: 1. Seller is the person named as Seller in the Warranty Deed dated November 2013, and filed for record on November , 2013, as Document No. in the Office of the County Recorder of Hennepin County, Minnesota (the "Deed"). 2. Seller's principal place of business is at Education Service Center, 4148 Winnetka Avenue North, New Hope, MN 55427, and said Seller's previous principal places of business during the past ten years has been at 4148 Winnetka Avenue North, New Hope, MN 55427. 3. There have been no: (a) Bankruptcy or dissolution proceedings involving said Seller during the time said Seller had any interest in the premises described in the Deed ("Premises"); (b) Unsatisfied judgments of record against said Seller, nor any actions pending in any courts against said Seller, which affect the Premises; (c) Tax liens against said Seller. 4. To the best of Seller's actual knowledge, any bankruptcy or dissolution proceedings of record against parties with the same or similar name as Seller, during the time period in which Seller had any interest in the Premises, are not against Seller. 5. To the best of Seller's actual knowledge, any judgments or tax liens of record against parties, which affect the Premises, with the same or similar name as Seller are not against Seller. 6. To the best of Seller's actual knowledge, there has been no labor or materials furnished to the Premises for which payment has not been made. 7. To the best of Seller's actual knowledge, there are no unrecorded contracts, leases, easements or other agreements or interests relating to the Premises. 8. To the best of Seller's actual knowledge, there are no persons in possession of any portion of the Premises other than pursuant to a recorded document. 9. There are no encroachments or boundary line questions affecting the Premises of which Seller has actual knowledge Affiant knows the matters herein stated are true to the best of Affiant's knowledge, and make this Affidavit for the purpose of inducing the passing of title to the Premises. AFFIANT: Jeff Priess Deputy Treasurer 489265.DOC STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) Subscribed and sworn to before me this I.! day of November, 2013. CRIc1 �. KA AS NOTARY NJ3LIC • MINNESOTA z MY COMMISSIONEXPIRE3p113111E (Notarial Seal) DESIGNATION AGREEMENT THIS DESIGNATION AGREEMENT is made and entered into as of the L day of November, 2013, by and between INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota ("Seller"), ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEW HOPE, a public body corporate and politic under the laws of the State of Minnesota ("Buyer"), and FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ("Title"). WHEREAS, Seller and Buyer have entered into a Purchase Agreement, dated February 19, 2013, pertaining to the sale and purchase of certain real property located in Hennepin County, Minnesota and legally described on Exhibit A attached hereto and made a part hereof (the "Purchase Agreement"); and WHEREAS, pursuant to applicable Treasury Regulations, the transaction contemplated by the Purchase Agreement (the "Transaction") may have to be reported to the Internal Revenue Service; and WHEREAS, the Transaction is being closed through Title, and Title is eligible to be designated by the parties as the "reporting person," as that term is defined by applicable Treasury Regulations; and WHEREAS, it is the parties' desire to designate Title as the "reporting person" for the Transaction; NOW, THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Title is hereby designated the "reporting person" for the Transaction for purposes of reporting the Transaction to the Internal Revenue Service as, when and in the manner required by the Internal Revenue Code and all applicable Treasury Regulations. 2. The parties ygree for reporting purposes that the date of the closing of the transaction is November , 2013, and that the gross proceeds of the Transaction totaled One Million Seven Hundred Fifty Thousand and No/l00ths Dollars ($1,750,000.00). [The remainder of this page has been intentionally left blank.] Designation Agreement (Signature Copy) (460828-2) IN WITNESS WHEREOF, the parties have executed this Designation Agreement as of the date first above written. INDEPENDENT SCHOOL DISTRICT NO. 281 By Jeff Prie ss�� Deputy Treas�tzrer ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEW HOPE By Id Print Name: Kathi Hemken Tts. President By Print Name: _Kirk McDonald Its: Executive Director FIRST AMERICAN TITLE INSURANCE COMPANY EXHIBIT A Legal Description Parcel 1: Outlot A, CVS Winnetka Addition, Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40.0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. AND EXCEPT: The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 5 1. 00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. A-1 Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. P:\Attomey\Glj\Print\Designation Agreement (Signature Copy) (460828-2).DOC A-2 WARRANTY DEED STATE DEED TAX DUE HERON: $5,950.00 Date: November , 2013 FOR VALUABLE CONSIDERATION, INDEPENDENT SCHOOL DISTRICT NO. 281, a body politic and corporate under the laws of the State of Minnesota, Grantor, hereby conveys and warrants to ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a body politic and corporate under the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota, described as follows: See Exhibit A attached hereto. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: See Exhibit B attached hereto. (collectively referred to herein as the "Property"). The Grantor certifies that the Grantor does not know of _any wells on the described real property. Grantee hereby covenants and warrants for Grantee and Grantee's successors and assigns, and for the benefit of Grantor and Grantor's successors and assigns, that, except as, and until, otherwise agreed in a writing duly executed by and between Grantee and Grantor, or their respective successors and assigns, and duly recorded against the Property with the County Recorder in and for the County of Hennepin, State of Minnesota, Grantee shall not use, or permit the use of, the Property, in whole or in part, whether as a single campus or location or together with one or more other campuses or locations, and whether individually or in concert or affiliation with one or more other persons or entities, for any educational purpose, program, service or other educational use that includes, in whole or in part, any or all academic grade levels from and including kindergarten through and including twelfth grade; provide however, and notwithstanding the foregoing, the following shall apply: (a) Grantee may use, or permit the use of, all or a portion of the Property for the provision of either or both (i) pre -kindergarten child care services and (ii) academic tutoring services; and (b) Grantee may use, or permit the use of, any athletic or recreational fields comprising all or any portion of the Property for any athletic or recreational purpose. All of the foregoing covenants and restrictions shall run with the land, and shall be binding upon Grantee and Grantee's heirs, devises, personal representatives, successors and assigns. All of the foregoing covenants shall run with the land, and shall be binding upon Grantee and Grantee's heirs, devisees, personal representatives, successors and assigns. AFFIX DEED TAX STAMP HERE: INDEPENDENT SCHOOL DISTRICT NO. 281 By erry L. e , C By--A-(,.� I [A" Thomas J. W h, Clerk GRANTEE: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE By Kathi Hemken, President Kirk McDonald, Executive Director IThe balance of this page has been intentionally left blank.] ACKNOWLEDGMENTS STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this y� day of November, 2013, by Sherry L. Tyrrell, the Chair of Independent School District No. 281, a body politic and corporate under the laws of the State of Minnesota, on behalf of said corporation. j:*)NK4:RyLAN:NEM. MARCHAND lio-Minnesota)Vm Jen 31.2015 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) l Notary ublic The foregoing instrument was acknowledged before me this '/� day of November, 2013, by Thomas J. Walsh, the Clerk of Independent School District No. 281, a body politic and corporate under the laws of the State of Minnesota, on behalf of said corporation. KARYlANNE M.MARCHAND Notary PublicMinnesota My Commisslm ExV=Jen 31.2015 (Notarial Seal) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) -/"- r rotary P lic The foregoing instrument was acknowledged before me this day of November, 2013, by Kathi Hemken, the President of Economic Development Authority in and for the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, on behalf of said of said economic development authority. Notary Public (Notarial Seal) service or other educational use that includes, in whole or in part, any or all academic grade levels from and including kindergarten through and including twelfth grade; provided, however, and notwithstanding the foregoing, the following shall apply: (a) Grantee may use, or permit the use of, all or a portion of the Property for the provision of either or both (i) pre -kindergarten child care services and (ii) academic tutoring services; and (b) Grantee may use, or permit the use of, any athletic or recreational fields comprising all or any portion of the Property for any athletic or recreational purpose. All of the foregoing covenants and restrictions shall run with the land, and shall be binding upon Grantee and Grantee's heirs, devises, personal representatives, successors and assigns. All of the foregoing covenants shall run with the land, and shall be binding upon Grantee and Grantee's heirs, devisees, personal representatives, successors and assigns. AFFIX DEED TAX STAMP HERE: GRANTOR: INDEPENDENT SCHOOL DISTRICT NO. 281 M Sherry L. Tyrrell, Chair Thomas J. Walsh, Clerk GRANTEE: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE 7 By; �- Kathi Hemken, President Kirk McDonald, Executive Director IThe balance of this page has been intentionally left blank.] 2 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of November, 2013, by Sherry L. Tyrrell, the Chair of Independent School District No. 281, a body politic and corporate under the laws of the State of Minnesota, on behalf of said corporation. Notary Public (Notarial Seal) STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of November, 2013, by Thomas J. Walsh, the Clerk of Independent School District No. 281, a body politic and corporate under the laws of the State of Minnesota, on behalf of said corporation. Notary Public (Notarial Seal) STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this S/ day of Neer, 2013, by Kathi Hemken, the President of Economic Development Authority in and for the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, on behalf of said of said economic development authority. VALERIE LEONE NOTARY PUBLIC - MINNESOTA �,.n� My Commission Expires Jan. 31, 2CS5 � Notary Public (Notarial Seal) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of Neer, 2013, by Kirk McDonald, the Executive Director of Economic Development Authority in and for the City of New Hope, a body politic and corporate under the laws of the State of Minnesota, on be e1 authority. VALERIE LEONE i NOTARY PUBLIC -MINNESOTA /1(� My Commissiw Expires Jan. 31, 2015 ti�7,' n �f Notary Public (Notarial Seal) THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS) Henson & Efron, P.A. (JDC) 220 South Sixth Street Suite 1800 Minneapolis, Minnesota 55402 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): PAAttorney\Gl Print\Warranty Deed (Inclusive of Exhibits) (Final) (480935-4).DOC New Hope EDA 4401 Xylon Avenue North New Hope, MN 55428 EXHIBIT A Legal Description Parcel 1: Outlot A, CVS Winnetka Addition, Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40.0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. AND EXCEPT: The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 51.00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. A-1 Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. [The balance of -this page has been intentionally left blank.] A-2 Exceptions Subject to easements for street purposes over the South 30 feet. (Parcel 2). 2. Easements for road purposes and for sanitary sewer purposes conveyed to the Village of New Hope by Quit Claim Deed dated February 11, 1959, recorded April 23, 1959, in Book 2208 of Deeds, page 233, as Document No. 3172657. (Parcel 3) Easement for drainage and utility purposes in favor of the City of New Hope, as contained in Permanent and Temporary Easement for Construction and Maintenance of Public Improvement dated May 14, 1990, recorded September 27, 1990, as Document No. 5706032. (Parcel 3) 4. Utility and drainage easement acquired by the City of New Hope in condemnation, as evidenced of record by Final Certificate dated September 20, 1990, recorded September 27, 1990, as Document No. 5706033. (Parcel 3) 5. Easement for drainage purposes for the benefit of a parcel to the east, as contained in Drainage Easement Agreement dated October 14, 2004, recorded October 18, 2004, as Document No. 8459157. (Parcel 3) 6. Easement for right of way purposes conveyed to the City of New Hope by Quit Claim Deed dated September 24, 2010, recorded September 27, 2010, as Document No. A9563751. (Parcel 3) Terms and conditions of Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. (Parcel 3) 8. Terms and conditions of Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. (Parcel 3) 9. Easement for drainage and utility purposes conveyed to the City of New Hope by Quit Claim Deed dated September 24, 2010, recorded September 27, 2010, as Document No. A9563758. (Parcel 3) X31 10. Easement for storm sewer purposes for the benefit of the parcel to the west, as contained in Storm Sewer Easement Agreement dated January 23, 2012, recorded December 27, 2012, as Document No. A9887014. (Parcel 3). [The balance of this page has been intentionally left blank.] IC ecRVID: 185773 Hennepin County Audnerta Submit nate: 11/0612013 1:34 PM Accept Date; Organization name: Economic Development Authority in and for the City of New Hope, Address: 4401 Xylon Avenue North, New Hope, MN 55428 US Foreign address: No Phone number: We Email: *" MN Revenue does not display SSNITax ID fields due to privacy. *** Comments: Organization name: Independent School District No. 281 Address: 4148 Winnetka Avenue North, New Hope, MN 55427 US Foreign address: No Phone number: n/a Email: *'* MN Revenue does not display SSNITax 1D fields due to privacy. "* Comments: County: Hennepin Legal description: Parcel 1: Qutlot A, CVS Winnetka Addition, Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40,0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. AND EXCEPT: The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 51.00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. Will use as primary residence: No What is included in the sale: Land and Buildings New construction: No ProAeR,)rAddress es ^,�_� _ Property address: 7940 55th Avenue N, New Hope, 55428 Parcel /DUs Primary parcel ID: D6-118-21-44-0054 Additional parcel ID(s): 06-118-21.44.0055, 06.118.21.44-0056 _Use s PlannedPiinned type/use: Residential (3 or less units) / Unspecified _.'._ "— Prior type/use: Commercial ! School/CollegelAcademylUniversity!Education - public Agreement date: 11/06/2013 Purchase amount: $1,750,000.00 Downpaymentamount: $1,750,600.00 Seller -paid amount: $0.00 Financing type: Cash Personal Property Personal property included No Buyer leased before sale: No Seller leased after sale: No Minimum rental income guaranteed: No Contract payoff or deed resale: No Like exchange (IRS section 1031): No Lease option to buy: No Partial interest indicator: No Received in trade: No Purchase over two years old: No Buyer paid appraisal: No Seiler paid appraisal: No Buyer and seller related: No Government sale: Yes Gift or inheritance: No Buyer owns adjacent property: No Public promotion: Yes Significant different price paid: No Comment on price difference: Appraisal value: $0.00 Appraisal value: $o.00 Organization tax exempt: No Foreclosed, condemned or legal proceedings: No Name change: No Submit date: 11106/2013 1:34:49 PM Submitter: Cris Kailas Organization: First American Title Email: ckaltas@firstam.com Phone number: 6123052042 Comments: Prepared with information provided by buyer and seller Terms A ceotod by the 5ubmittar-1 dealers under penalty of law that I he" examined the information entered and submitted on this form, and, based on what I know and believe to be true, the information entered on this form Is complete and correct. eCRV Submit r , Minnesota ! ,4':ii Revenue Home Help ---- ---------- .___....._.__..__._....____... ..... ........ ...... ...,_.._... Your eCRV infonnanon has been recelyed and Stored. Pleass note the following: eCRV ID: 1857%3 Hennepin County This eCRV is valid For dead submission to Henna In County,tmtil 02/0012014. IMPOR..TANT Note your eCRV /D. G Po., -Fire (p!lreer friendly) Write your eCRV ID on the original deed and your copy of the deed. OR Print this receipt page and attach to the deed. AND Submit the deed with the eCRV ID or eCRV receipt papa to Hennepin Cour eased on the in ormaeon entered, your 9y,M,,,,g deed tax from Ns formula bNow Is 55,950.00. deed tax - (sales pd. - assumed modoge value -personal Property for non-nasidanliel..I.) %county deed tax rete Please keep a copy of your submilled eCRV information for your records. For security. Social Security and Tex ID numbers anlered only in designated fields (i.e., Social Security Number, Organization Tax ID and Organhatlan State Tax ID) have bean separated from the dominent shed on the state system and will not be present on any copies retrieved j RQtum to eCRV Submit Need help? Email: aCR`✓.aupport@mete.mn.us or Cal: G5l-6 &e®CRV (aV6) Vesitm-:..O.P.39.20130528 Sub.aibe to eCRV updates T Ste prinicy and ..tori, Page 1 of 1 https://www.mndor.state.mn-uslecrv_submitlapp/receipt/fiil lSubmit?t=bq 8 cyjyOtTmBBFx... 11/6/2013 STATE OF MINNESOTA UNDERGROUND TANK COUNTY OF/&1wcW k ss. AFFIDAVIT The undersigned, Jeff Priess, being first duly sworn on oath, hereby states as follows: 1. The he is the Deputy Treasurer of Independent School District No. 281, the owner of that certain real property located in the County of Hennepin, State of Minnesota, legally described on Exhibit A attached hereto and incorporated herein (the "Property"). 2. There is an underground storage tank located upon the Property, and the location of the tank is as indicated on the map attached hereto as Exhibit B. 3. The tank is made of fiberglass and has a capacity to hold 6,000 gallons of liquid. 4. There Mhas been ❑has not been a release of any regulated substance from the tank located on the Property. If there has been release, describe the release: In 1998. an 8.000 Ballon steel underground storage tank (USTI was replaced with the current 6,000 ggign fiberglass UST at the Site. The current UST holds fuel oil as a backup to the natural gas boilers During the removal of the 8 000 gallon UST perched oundwater was encountered in the excavation and sampled. Petroleum was detected in the oundwater sample and a at roximatel 77 cubic was removed from the tank basin. The release was reported to the MPCA and ay ed Leak yards of soil 11663. Clean soil samples were collected underneath the concrete slab below the tank after excavation Leak No 11663 was closed by the MPCA in 2000 In 2013 four soil borings were drilled around the current fuel oil UST. There were no detections of petroleum parameters in the collected soil samples around the tank. One groundwater sample was collected next to the tank and there were no detection above laboratory detection limits. One soil gas sample was collected next to the tank basin low levels of petroleum related compounds were detected in the soil ag s sample 5. There are no restrictions currently in force on the use of the Property resulting from any release, except as specifically listed below: No restrictions are known at this time. Since it is a "closed" Leak site the MPCA will need to be notified of the tank removal any redevelopment activities at the Site. 6. The facts as stated herein are true and accurate as of the date hereof Subscribed and sworn to before me this 6 day of October, 2 Notary Jensen S'Qndrall & Persellig',P.A. 8525 Edinbrook Crosti g— Suite 201 Brooklyn Park, MN 55443 P:Wmmry\Gldll-Chem Folder\CNfil99.11362\Underground Te �IdaNt-Dl.do INDEPENDENT SCHOOL DISTRICT NO. 281 By. Jeff Prie uty Treasurer CRISTY OL KCAS� NOTARY PUBLIC- MINNESOTA MYCOMMISSION E%PIRESOi/Siltb EXHIBIT A Legal Description Parcel 1: Outlot A, CVS Winnetka Addition, Hennepin County, Minnesota. (Abstract Property) Parcel 2: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40.0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. nxzt l The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 51.00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. A-1 Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. A-2 L' V 1'. 6: C3 r_________________� FORMERSINCLAfR GAS STATION N I'_� '--j CVS PHARMACY HOSTERMAN PLAYFIELDS APPROXIMATE SITE BOUNDARY -1 _ FORMER LOCATION OF FARMSTEAD I FORMER 1 OUTBUILDING I DWELLING I ' FARMSTEAD I I I 1 1' 55th AVENUE NORTH RESIDENTIAL PLAYGROUND PAVED PARKING LOT RESIDENTIAL 6,000 GAL. FUEL OIL UST IA PIPE E% z z m D m z m m FORMER GAS STATION AND BOSA DONUTS m ^— PmJecBL1 BLI I0OO89.3 SITE SKETCH PHASE I ENVIRONMENTAL SITE ASSESSMENT WINNETKA LEARNING CENTER INDEPENDENT SCHOOL DISTRICT NO. 261 7940 55th AVENUE NORTH - NEW HOPE, MINNESOTA BRAUN INTERTEC 11DD1 Hampshire Avsnue9. Nll n apolls, MN 55439 PH. (952) N5.200D FAX (952) 995 202D Dmwln9Nc: BL1100089_3 9rale: NONE r — .. D. By. WB Date Dl - 2%1/11 Checked By. DRS Lest MadMad: 2111/11 BRING DOWN CERTIFICATE The undersigned, INDEPENDENT SCHOOL DISTRICT NO. 281, a public body corporate and politic under the laws of the State of Minnesota (the "Seller"), does hereby certify that all of the Seller's representations and warranties contained in that Purchase Agreement (the "Purchase Agreement), dated as of February 19, 2013, by and between the Seller and ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, a body politic and corporate under the laws of the State of Minnesota (the `Buyer"), are true, accurate and correct in all material respects as if made on the date hereof. IN WITNESS WHEREOF, this Certificate has been executed effective as of this /- day of November, 2013. SELLER: INDEPENDENT SCHOOL DISTRICT NO. 281 a929s9.DOC r BILL OF SALE THIS BILL OF SALE (this "Instrument") is made effective as of the day of November, 2013, by and between Independent School District No. 281, a public body corporate and a political subdivision of the State of Minnesota ("Seller"), and Economic Development Authority in and for the City of New Hope, a public body corporate and a political subdivision of the State of Minnesota ("Buyer"). Buyer and Seller agree that for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby sells, conveys, grants, assigns, transfers, and delivers to Buyer all of Seller's right, title, and interest in and to the personal property, if any, described and set forth on Exhibit A attached hereto. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ALL ITEMS ARE SOLD AS -IS, WHERE -IS, WITHOUT REPRESENTATION OR WARRANTY AS TO CONDITION OF ANY HIND. SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF CONDITION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN WITNESS WHEREOF, Buyer and Seller have executed this Agreement effective as of the date first written above. BUYER: ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE I� Kirk McDonald, Executive Director SELLER: INDEPENDENT SCHOOL DISTRICT NO. 281 By .\ Jeff Pri' puty Treasurer P:Wttomey\Glj\Print\Bill of Sale (Final) (477455-7).DOC EXHIBIT A '14 Y s _5'e[�e�- G w v r N 1'r " !tee ` 4 .S sugar 1* +FirstAmencan Title Insurance Company National Commercial Services 801 Nicollet Mall, Suite 1900 • Minneapolis, MN 55402-2504 Final Settlement Statement Property: 7940 55th Avenue North, New Hope, MN File No: NCS-591536-MPLS Officer: Cris Kallas/clk New Loan No: Settlement Date: Disbursement Date: Print Date: Buyer: City of New Hope EDA Address: 4401 Xylon Avenue North, New Hope, MN 55428 Seller: Independent School District No. 281 MN 55427 11/06/2013 11/06/2013 11/01/2013,9:13 AM Buyer -Charg. Bu er Credit Charge Description Seller Charge Seller Credit Consideration: 1,750,000.00 Total Consideration 1,750,000.00 Deposits in Escrow: 10,000.00 Receipt No. 172457228 on 02/25/2013 by City of New Hope Title/Escrow Char es to: 375.00 Closing -Escrow Fee to First American Title Insurance Comimny National Commercial Services 375.00 750.00 Search and Exam to First American Title Insurance Company National Commercial Services 25.00 Recording Service Fee to First American Title Insurance Company National Commercial Services 2,300.00 Policy -Extended ALTA 2006 Owner's ($1,750,000) to First American Title Insurance Company National Commercial Services 300.00 Endorsements to First American Title Insurance Company National Commercial Services 46.00 Record Warranty Deed to First American Title Insurance Coamy National Commercial Services Documentary Transfer Tax -City to First American Title Insurance Company National Commercial Services 5.00 Documentary Transfer Tax -State to First American Title Insurance Company National Commercial Services 5,950.00 1,743,796.00 Cash LX From Ta Borrower Cash (X To) From Seller 1,743,670.00 1,753796.00 1753,796.00 Totals 1,750,000.00 1750000.00 Initials: Page 1 of 2 Continued From Page 1 Final Settlement Statement Settlement Date: 11/06/2013 Print Date: 11/01/2013 BUYER(S) Economic Development Authority in and for the City of New Hope, a body politic and corporate under the laws of the State of Minnesota By: File No: NCS-591536-MPLS Officer: Cris Kallas/cik SELLER(S): Independent School District No. 281, a public body corporate and a political subdivision of the State of Minnesota By: , Page 2 of 2 St l.MI;RI 4 F CI lF ?K. First American Title Insurance Company National Commercial Services 801 Nicollet Mall, Suite 1900, Minneapolis, MN 55402-2504 Wire Transfer Instructions Date: 11/01/2013 Wire to: First American Trust, FSB 5 First American Way Santa Ana, CA 92707 ABA Number: 122241255 For Credit To: First American Title Insurance Company Account Number: 3017240000 Reference: Escrow No.: NCS-591536-MPLS Attn: Cris Kallas Phone: (612)305-2042 Customer Name: Should you have any questions or comments please do not hesitate to contact your Escrow Officer. Failure to reference all of the above information may result in a de/ay of your funds being applied to your file. clk /11/01/2013 Form No. 1402.06 10 Policy Page 1 ALTA Owner's Policy (6-17-06) Policy Number: Pro Forma 1100302PO50600 4 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be n to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 30, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attomey, (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. f. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. i. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Tide or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. J-zmfAmericmr THle Inmvmrce Compmry c5 Form No. 1402.06 ALTA Owner's Policy (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions, or location of any Improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or I Imit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by govemmental authority, and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Tide as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be Increased or decreased by endorsement to this policy, increased by Section B(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporetion, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-cwned by the same person or Entity, or (4) If the grantee Is a trustee or benefclary of a trust created by a written instrument established by the Insured named In Schedule A for estate planning purposes. Polity Page 2 Policy Number: (II) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart construcUve notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed Improvements that by law constitute real property. The tern "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including ane evidenced by electronic means authorized by law. (1) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or Interest described in Schedule A. (k) "Unmarketable Title": Tide affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend If there Is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties In any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly In writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (II) In case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as Insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a conditlon of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation Is limited to only those stated causes of action alleging matters Insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in First American Title Insurance Company Form No. 1402:06 ALTA Owner's Policy (6-17-06) Section 7 of these Conditions, at Its own cost, to Institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination try a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at Its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) In securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) In any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as Insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant Its permission, in writing, for any authorized representative of the Company to examine, Inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it Is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested Information, or grant permission to secure reasonably necessary Information from third parties as required In this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses Incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, Policy Page 3 Policy Number: attorneys' fees, and expenses Incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(1) or (I), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall ternlnate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or Incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (1) the Amount of Insurance; or' (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk Insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and Is unsuccessful In establishing the Title, as insured, (1) the Amount of Insurance shall be Increased by 10%, and (II) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date It Is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attomeys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) if the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, In a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Tltle, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Ttle and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Clalmant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered Its loss. First American Title Insurance Company Form No. 1402:06 ALTA Owner's Policy (6-17-06) (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained In those Instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with dalms or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or calm between the Company and the Insured arising out of or relating to this policy, any service In connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is In excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbltrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with allendorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such calm shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be In writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Policy Page 4 Policy Number: (d) Each endorsement to this policy Issued at any time is made a part of this policy and is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, Is held invalid or unenforceable under applicable law, the policy shall be deemed not to Include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured admowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting Interests In real property and applicable to the Interpretation, rights, remedies, or enforcement of policies of title Insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to Interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply Its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or Its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department POLICY OF TITLE INSURANCE S� A M E ? f First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) SCHEDULE A FirstAmerican Title Insurance Company Name and Address of the issuing Title Insurance Company: First American Title Insurance Company 801 Nicollet Mall, Suite 1900 Minneapolis, MN 55402-2504 File No.: NCS-591536-MPLS Policy No.: Pro Forma Address Reference: 7940 55th Avenue North, New Hope, MN Amount of Insurance: $1,750,000.00 Date of Policy: Date and time of recording 1. Name of Insured: Economic Development Authority in and for the City of New Hope 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Economic Development Authority in and for the City of New Hope 4. The Land referred to in this policy is described as follows: Real property in the County of Hennepin, State of Minnesota, described as follows: Parcel 1: Outlot A, CVS Winnetka Addition, Hennepin County, Minnesota. (Abstract Property) Parcel 2: Policy Page 5 Policy Number: That part of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, lying Easterly of a line drawn parallel with and 494.6 feet Westerly of the East line of said Southeast Quarter, except the North 241.64 feet of the East 206 feet thereof. EXCEPT: The East 40.0 feet thereof. AND EXCEPT: The North 126.62 feet of the West 137.80 feet of the East 494.60 feet of the North Half of the South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. AND EXCEPT: The North 126.62 feet of the West 150.80 feet of the East 356.80 feet of the North Half of the First American Title Insurance Company Form No. M02.06 ALTA Ownees Policy (6-17-06) Policy Page�6 Policy Number: South Half of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota. Parcel 3: That part of the North Half of the Southeast Quarter of the Southeast Quarter of Section 6, Township 118, Range 21, Hennepin County, Minnesota, lying west of the east 494.60 feet of said North Half of the Southeast Quarter of the Southeast Quarter and lying east of the west 51.00 feet of said North Half of the Southeast Quarter of the Southeast Quarter of Section 6. (Abstract Property) Parcel 3a: Non-exclusive private fiber optic system easement for the benefit of Parcel 3, as set forth in Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. Parcel 3b: Fiber optic vault easement and clear zone easement for the benefit of Parcel 3, as set forth in Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. NOTICE: This is a pro -forma policy furnished to or on behalf of the party to be insured. It neither reflects the present status of title, nor is it intended to be a commitment to insure. The inclusion of endorsements as part of the pro -forma policy in no way evidences the willingness of the Company to provide any affirmative coverage shown therein. There are requirements which must be met before a final policy can be issued in the same form as this pro -forma policy. A commitment to insure setting forth these requirements should be obtained from the Company. First American Tide Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) File No.: NCS-591536-MPLS SCHEDULE B Policy No.: Pro Forma EXCEPTIONS FROM COVERAGE Poricy Page f Policy Number: This Policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Real estate taxes payable in the year 2014 and in subsequent years. 2. Subject to easements for street purposes over the South 30 feet. (Parcel 2) 3. Easements for road purposes and for sanitary sewer purposes conveyed to the Village of New Hope by Quit Claim Deed dated February 11, 1959, recorded April 23, 1959, in Book 2208 of Deeds, page 233, as Document No. 3172657. (Parcel 3) 4. Easement for drainage and utility purposes in favor of the City of New Hope, as contained in Permanent and Temporary Easement for Construction and Maintenance of Public Improvement dated May 14, 1990, recorded September 27, 1990, as Document No. 5706032. (Parcel 3) 5. Utility and drainage easement acquired by the City of New Hope in condemnation, as evidenced of record by Final Certificate dated September 20, 1990, recorded September 27, 1990, as Document No. 5706033. (Parcel 3) 6. Easement for drainage purposes for the benefit of a parcel to the east, as contained in Drainage Easement Agreement dated October 14, 2004, recorded October 18, 2004, as Document No. 8459157. (Parcel 3) 7. Easement for right of way purposes conveyed to the City of New Hope by Quit Claim Deed dated September 24, 2010, recorded September 27, 2010, as Document No. A9563751. (Parcel 3) 8. Terms and conditions of Fiber Optic System Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563756. (Parcel 3) 9. Terms and conditions of Fiber Optic Vault Easement dated September 24, 2010, recorded September 27, 2010, as Document No. A9563757. (Parcel 3) 10. Easement for drainage and utility purposes conveyed to the City of New Hope by Quit Claim Deed dated September 24, 2010, recorded September 27, 2010, as Document No. A9563758. (Parcel 3) First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Polley Page 8 Policy Number: 11. Easement for storm sewer purposes for the benefit of the parcel to the west, as contained in Storm Sewer Easement Agreement dated January 23, 2012, recorded December 27, 2012, as Document No. A9887014. (Parcel 3) 12. Temporary easement CVS, L.L.C., benefit of the party tto the north, 14, c� First American Title Insurance Company as In Const uction and w Hope MN n o. 8459158. Form No. 1402-.05 .Policy Page 9 ALTA Owner's Policy (6-17-06) Policy Number: COVENANTS, CONDITIONS AND RESTRICTIONS - IMPROVED LAND - OWNER'S POLICY ENDORSEMENT Issued by First American Tit/e Insurance Company Attached to Policy No.: Pro Forma File No.: NCS-591536-MPLS 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only, a. "Covenant' means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. b. "Improvement" means a building, structure located on the surface of the Land, road, walkway, driveway, or curb, affixed to the Land at Date of Policy and that by law constitutes real property, but excluding any crops, landscaping, lawn, shrubbery, or trees. The Company insures against loss or damage sustained by the Insured by reason of: a. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; b. Enforced removal of an Improvement as a result of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation; or C. A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: any Covenant contained in an instrument creating a lease; b. any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or C. except as provided in Section 3.c, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) Policy Page 10' Policy Number: Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Form 50-10801 (4-1-12) Page 10 of 13 ALTA 9.2-06 Covenants, Conditions and Restrictions Improved Land - Owners Policy (Rev. 4-2-12) V First American Title Insurance Company Form No. 1402.06 ALTA Owner's Policy (6-17-06) ENDORSEMENT Attached to Policy No. Pro Forma Issued by First American Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: Policy Page 11 Policy Number: 1. the failure of Parcel 1 of the Land to be contiguous to Parcel 2 of the Land along their common boundary, and the failure of Parcel 2 of the Land to be contiguous to Parcel 3 of the Land along their common boundary; or 2. the presence of any gaps, strips, or gores separating any of the contiguous boundary lines described above. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. American Land Title Association Endorsement 19-06 (Contiguity -Multiple Parcels) Adopted 6/17/06 First American Title Insurance Company Fora No. 1402.06 ALTA Owner's Policy (6-17-06) ENDORSEMENT Attached to Policy No. Issued by First American Title Insurance Company Policy Page ff Policy Number: The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land described as Parcels 2 and 3 in Schedule A does not abut and have both actual vehicular and pedestrian access to and from SSth Avenue North (the "Street(s)"), (ii) the Street(s) is/are not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that/those portion(s) of the Street(s) abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. American land Title Association Endorsement 17-06 (Access and Entry) Adopted 6/17/06 First American Title Insurance Company Fora No. 1402.06: ALTA Owner's Policy (6-17-06) F.A. Special Lack of Signatures ENDORSEMENT Attached to Policy No. Pro Forma Issued By First American Title Insurance Company Policy Page f3 Policy Number: The Company hereby assures the Insured that the Company will not deny liability under the policy or any endorsements issued therewith solely on the grounds that the policy and/or endorsement(s) were issued electronically and/or lack signatures in accordance with Paragraph 1S (c) of the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company Dennis.I.Gilmore Timothy Kemp President Secretary z ttltr f��. � « SEPtEitAER ti. " e First American Title Insurance Company O%*JRINCT r.U001 Project Manual For Winnetka Learning Center Building Demolition tONTIRAC i DOCUMENTS City of New Hope, Minnesota City Project No 911 December 2013 Project No. 193802593 5 Stantec Client#: 3024 LANDCONI ACORD. CERTIFICATE OF LIABILITY INSURANCE 0TE 1117/2/DD/YYYIT F1 /1 712 014 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERcONTCT MN -COMMERCIAL LINES COBB STRECKER DUNPHY & ZIMMERMANNE-MAIL 150 S FIFTH ST STE 2800 NAME: U C no Eat : 612 349-2400 AIC, No): 612 349 2490 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# MINNEAPOLIS, MN 55402 INSURERA: ZURICH AMERICAN INSURANCE COMPA INSURED LANDWEHR CONSTRUCTION INC PO BOX 1086 INSURER B: STARR INDEMNITY & LIABILITY COM INSURER C: AMERICAN GUARANTEE & LIAB INS INSURERD: ST CLOUD, MN 56302 INSURER E: INSURER F COVE RAGES CERTIFICATE NUMBER: REVISIO N NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDI INSR SUBF WVD POLICY NUMBER MM/LDIUV EFF MP Lt EXP LIMITS A GENERALLIA13ILFTY GL0534529208 3/31/2013 03/31/201 $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxIOCCUR X CONTRACTUAL LIAB PER X POLICY FORM AND XCU DEgACCH�O�C7CUR�RENCE PREMISES Ea NTEDce $300.000 OCCUMen MED EXP Any one person $10000 PERSONAL&ADV INJURY $1 000,000 GENERAL AGGREGATE $2 000,000 GEN'L AGGREGATE LICY LIMIT APPLIES PER: X LOC PRODUCTS-COMP/OP AGG $2,000,000 X X LC ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X AUTNOSWNEO BAP534529108 3/31/2013 MBINED SINGLE 1000,000OMBILELIABPE (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ Were dent) B UMBRELLA LIAR J( I OCCUR SISCCCLO1771113 3/31/2013 03/31/201 EACH OCCURRENCE $5,000,000 X EXCESS UAB F—ICLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION $0 WORKERS CONATION AND EMPLOYERS'RS'LLA TION ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N] (Mandatory In NH) r es,'" -be under "MR OE SCRIPTION OF OPERATIONS bekw X WC STATU- OTH- $ A N/A WC534529308 3/31/2013 03/31/201 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1 OOO,OOO DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) WINNETKA LEARNING CENTER BUILDING DEMOLTION CITY PROJECT 911 ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY, AUTOMOBILE LIABILITY AND UMBRELLA LIABILITY APPLIES ON A PRIMARY BASIS AND THE INSURANCE OF THE ADDITIONAL INSURED SHALL BE NON-CONTRIBUTORY: CITY OF NEW HOPE AND PROJECT ENGINEER (See Attached Descriptions) CITY OF NEW HOPE CITY HALL 4401 XYLON AVE N NEW HOPE, MN 55428 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1973BB-ZU1U ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S574884/M511665 VLH DESCRIPTIONS (Continued from Page 1) The following supersedes the cancellation wording: Should any of the above described policies be cancelled or materially changed before the expiration date, 30 Days written notice (10 Days for Non -Payment) will be delivered to the certificate holder. 95 2 l9n1 n/n9 9 of 9 #5574884/M511665 DOCUMENT 00 91 13 ADDENDUM 1 WINNETKA LEARNING CENTER BUILDING DEMOLITION CITY PROJECT NO. 911 PROJECT NO. 193802593 NEW HOPE, MINNESOTA January 3, 2014 Number of Pages: 2 (includes this sheet) To: All Planholders of Record From: Stantec 2335 Highway 36 West St. Paul, Minnesota 55113 (651) 636-4600 — General Office (651) 604-4808 — Chris Long, Project Manager The following changes, additions, and deletions are hereby made a part of the Bidding Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form. Failure to do so may result in rejection of the Bid. Please acknowledge receipt of this Addendum by signing and faxing this page back to Stantec at Fax No. (651) 636-1311 as soon as you receive it. Company Name © 2013 Stantec 1193802593 Date ADDENDUM 1 009113-1 DOCUMENT 02 41 13 — SELECTIVE SITE DEMOLITION 1. Delete 1.02 A, Paragraph C, and replace with the following: C. Reclaim Bituminous Surfacing: Per Square Yard without regard to thickness. Includes the parking lot reclamation and bituminous trail removal or reclamation. All reclaim material and existing aggregate base shall be removed from the site. Following existing parking lot and curb removals, site shall be graded with existing onsite materials and with grades not steeper than 4:1 slopes. Final grading and shaping is considered incidental to this bid item. LIST OF ATTACHMENTS 1. Existing Building Drawings can be viewed at the office of Stantec, located at 2335 Highway 36 West, St. Paul, MN 55113, or can be downloaded from the following ftp site: Automatic Login FTP site link: ftp //s0117074804 4109647(a)ftptmp stantec com By clicking on the link above (or pasting the link into Windows Explorer) you will be automatically logged into your FTP site. Manual Login FTP link: ftp://ftptmp.stantec.com Login name: s0117074804 Password: 4109647 Disk Quota: 2GB Expiry Date: 1/17/2014 END OF DOCUMENT AUUtNUUM 1 © 2013 Stantec 1 193802593 0091 13-2 SECTION 00 01 05 PROFESSIONAL CERTIFICATIONS PROFESSIONAL ENGINEER I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. at)' Christopher W. Long Date: December 12, 2013 License # 47106 END OF SECTION ©2013 Stantec 193802593 PROFESSIONAL CERTIFICATIONS 000105-1 SECTION 00 01 10 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS GROUP Division 00 - Procurement and Contracting Requirements Introductory Information 00 01 05 Certifications Page 0001 10 Table of Contents Procurement Requirements 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 31 00 Available Project Information 0041 10 Bid Form Contracting Requirements 00 52 10 Agreement Form 0061 13.13 Performance Bond 00 61 13.16 Payment Bond 00 72 05 EJCDC C-700 Standard General Conditions of the Construction Contract (2007 Edition) 00 73 05 Supplementary Conditions SPECIFICATIONS GROUP GENERAL REQUIREMENTS SUBGROUP Division 01 - General Requirements 01 1000 Summary 01 20 00 Price and Payment Procedures 01 31 00 Project Management and Coordination 01 3300 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 57 13 Temporary Erosion and Sediment Control 01 7000 Execution Requirements Division 02 — Existing Conditions 0241 13 Selective Site Demolition 0241 16 Structure Demolition FACILITY SERVICES SUBGROUP — Not Used SITE AND INFRASTRUCTURE SUBGROUP Division 31 - Earthwork 31 23 00 Excavation and Fill Divisions 32 32 92 00 Turfs and Grasses END OF SECTION TABLE OF CONTENTS © 2013 Stantec 1 193802593 0001 10-1 SECTION 00 11 13 ADVERTISEMENT FOR BIDS Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401 Xylon Avenue North, New Hope, Minnesota 55428 until 10 A.M., CST, Tuesday, January 7, 2014, 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: Winnetka Learning Center Demolition — City Proiect No 911 In general, Work consists of the demolition of the existing building at 7940 55"' Avenue North. The Work will also include the following estimated removals quantities: 2,100 LF Concrete Curb 18 EA Light poles and bases 5,900 SF Concrete Sidewalk 9,200 SY Bituminous Surfacing (Reclaim) 6,000 GAL Underground Storage Tank 200 LF Storm Sewer Pipe Along with hazardous material abatement, miscellaneous sign removals, utility disconnects, private utility terminations, and other removals. A Mandatory Pre -Bid Meeting will be held on Thursday, December 19, 2013, at 30 A.M., CST, at the Project Site (7940 55" Avenue North, the former Winnetka Learning Center Building). All Contractors wishing to submit a Bid on this Project must attend the Pre -Bid Meeting. Representatives of Owner and Engineer will be present to discuss the Project. Engineer will transmit to all attendees of record such Addendum as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Complete digital Bidding Documents are available at www.questcdn.com for $20 by inputting OuestCDN eBidDoc #3018943 on the website's Project Search page. Paper Bidding Documents may also be viewed at the City of New Hope and at Stantec, 2335 Highway 36 West, St. Paul, MN 55113, (651) 636-4600. Direct inquiries to Engineer's Project Manager, Chris Long at 651-604-4808 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 ADVERTISEMENT FOR BIDS © 2013 Stantec 1193802593 0011 13-1 I SECTION 00 21 13 INSTRUCTIONS TO BIDDERS ARTICLE 1- DEFINED TERMS 1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below: A. Issuing Office — The office from which the Bidding Documents are to be issued and where the Bidding procedures are to be administered. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS 2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation 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 authorize or confer a license for any other use. 2.04 Neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from Bidder's use of electronic downloadable Bidding Documents (Electronic Bidding Documents). In addition to the above items, Bidders using Electronic Bidding Documents are solely responsible for use of such documents, including, but not limited to: A. It is the responsibility of the Bidder to go to QuestCDN's Projects (www.questcdn.com), check for the presence of Bidding Documents (including Addenda), and download documents as they become available. Bidder shall regularly check QuestCDN's projects for Addenda or other additions or revisions to the Bidding Documents through the Bid Opening date, whether or not Bidder has received email notice of Addenda from Stantec or Quest CDN. B. It is the responsibility of the Bidder to verify the intended document size (sheet dimensions) and to verify proper colors (color, or black and white) of the Electronic Bidding Documents prior to reproduction. Bidder shall ensure that the Electronic Bidding Documents are reproduced to the correct and exact scale, and correct colors. C. It is the responsibility of the Recipient of Electronic Bidding Documents from this site to check the electronic data for computer viruses or other harmful coding. D. Bidders are subject to the Terms of Use and Limitations on Use detailed in the Stantec Plan Room. ARTICLE 3 - QUALIFICATIONS OF BIDDERS 3.01 To demonstrate Bidder's qualifications to perform the Work, within S 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: © 2013 Stantec 1 193802593 J INSTRUCTIONS TO BIDDERS 002113-1 A. Evidence of Bidder's authority to do business in the state where the Project is located. B. Evidence of genuiness of Bid and lack of collusion in conjunction therewith. 3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications. ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site. 2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions. INSTRUCTIONS TO BIDDERS © 2013 Stantec 1 193802593 0021 13-2 4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. 4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of contract documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified, if any, in Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable "technical data;" D. consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs; E. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) Bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents; F. 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; G. 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 H. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. J © 2013 Stantec 1 193802593 INSTRUCiI0N5 0021 13 - 3 j 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 fumishing the Work. ARTICLE 5 - PRE-BID MEETING 5.01 A Pre -Bid Meeting will be held at 10 A.M. CST, on December 19, 2013, at the Project Site (7940 55"' Avenue North, the former Winnetka Learning Center building). Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addendum as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 6 - SITE AND OTHER AREAS 6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner, unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than 10 days prior to the date for Opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer. ARTICLE S - BID SECURITY 8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions. 8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required Contract Security and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the successful Bidder fails to execute and deliver the Contract Documents and furnish the required Contract Security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid Security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award INSTRUCTIONS TO BIDDERS © 2013 SW ntec 1 193802593 0021 13-4 may be retained by Owner until the earlier of 7 days after the Effective Date of the Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such Bidders will be returned. 8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid Opening. ARTICLE 9 - CONTRACT TIMES 9.01 The number of days within which, or the dates by which, Milestones are to be achieved and the Work is to be Substantially Completed and ready for Final Payment are set forth in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES 10.01 Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 11 - SUBSTITUTE AND "OR -EQUAL" ITEMS 11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or `or -equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent successful Bidder, and any other Bidder so requested, shall within 5 days after Bid Opening, submit to Owner a list of all such subcontractors, suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such subcontractor, supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent successful Bidder to submit a substitute, in which case apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of 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. INSTRUCTIONS TO BIDDERS © 2013 Stantec 1 193802593 0021 13-5 13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid Item, Alternate, adjustment Bid Unit Price Bid Item, and Bid Unit Price Bid Item listed therein. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder's name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone and fax numbers for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form. ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS 14.01 Unit Price A. Bidders shall submit a Bid on a Bid Unit Price basis for each Bid Item of Work listed in the Bid Form. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each Bid Item and the corresponding Bid Unit Price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. Discrepancies between the multiplication of units of work and Bid Unit Prices will be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be the basis for determining the lowest Bidder. INSTRUCTIONS TO BIDDERS © 2013 Stantx 1 193802593 0021 13-6 14.02 Allowances A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of Cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.8 of the General Conditions. 14.03 Completion Time Comparisons A. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9 above. ARTICLE 15 - SUBMITTAL OF BID 15.01 Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation for Bids and shall be enclosed in a plainly marked package with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid Security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Owner's office. 15.02 The Bid shall include the entire Document 00 41 30, Bid Form. This includes all attachments listed in Article 7.01 of the Bid Form and/or all forms included with the Bid Form. The Contractor may remove or copy these sheets from the Project Manual 15.03 The entire Project Manual should not be submitted with the Bid. ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID 16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the Opening of Bids. 16.02 Bids may be withdrawn after Bid Opening only in accordance with the law. ARTICLE 17 - OPENING OF BIDS 17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation for Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the Base Bids and major Alternates, if any, will be made available to Bidders after the Project is awarded. 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 Total Base Bid. I INSTRUCTIONS TO BIDDERS 1 © 2013 Stantec 1 193802593 0021 13-7 1 19.02 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the successful Bidder. 19.03 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than 1 Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest. 19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such Alternates, Bid Unit Prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of subcontractors, suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of subcontractors, suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions. 19.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents. As a condition of its Bid, Bidder is required to waive any and all claims of whatever nature against Owner, Engineer, and their employees and agents which arise out of or relate to such investigations and statements made as a result thereof, except for statements that can be shown by clear and convincing evidence to be intentionally false and made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge a Contract pursuant to law. 19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project. ARTICLE 20 - CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 - SIGNING OF AGREEMENT 21.01 When Owner issues a Notice of Award to the successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings with appropriate identification. END OF SECTION INSTRUCTIONS TO BIDDERS © 2013 Stantec 1 193802593 0021 13-8 SECTION 00 31 00 AVAILABLE PROJECT INFORMATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Technical Data. 1.02 TECHNICAL DATA A. Reports and drawings used by the Engineer in the preparation of Bidding Documents attached to this Section include: 1. Report dated November 25, 2013, prepared by Applied Environmental Sciences, Inc., entitled Environmental Health Survey Report. 2. A Building Specific Management Plan, Section II, for the Winnetka Elementary School from 1988. 3. Report dated August 25, 2009, prepared by Braun Intertec Corporation, entitled "AHERA Re- inspection Report". 4. Report dated June 5, 2012, prepared by Braun Intertec Corporation, entitled "Six -Month 11 Asbestos Periodic Surveillance Report" B. Portions of additional reports and drawings not listed above, but used by the Engineer in the preparation of Bidding Documents are available upon request to the Project Manager. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION AVAILABLE PROJECT INFORMATION © 2013 Stantec 1 193802593 003100-1 ENVIRONMENTAL HEALTH SURVEY REPORT PRE-DEMOLITIONAAZARDOUS MATERIALS SURVEY OF WINNETKA LEARNING CENTER 7940 55TH AVENUE NORTH NEW HOPE, MINNESOTA 55428 EQ.ia1IfBI7ICl5:7 STANTEC, INC. 2335 HIGHWAY 36 WEST ROSEVILLE, MN 55113 November 25, 2013 s A n APPLIED ENVIRONMENTAL SCIENCES, INC. 8441 Wayzata Blvd. c Suite 103 ❑ Minneapolis, MN 55426 ENVIRONMENTAL HEALTH SURVEY REPORT PRE -DEMOLITION HAZARDOUS MATERIALS SURVEY AT WINNETKA LEARNING CENTER 7940 55TH AVENUE NORTH NEW HOPE, MINNESOTA 55428 Date of Survey: November 18-19,2013 Conducted by: Mark Meier, Asbestos Building Inspector MN #I-3893 Lloyd Johnson, Asbestos Building Inspector MN A-2389 Applied Environmental Sciences, Inc. 8441 Wayzata Blvd., Suite #103 Minneapolis, MN 55426 (763)545-5510 I hereby certify that the survey and inspection referenced by this report, and the report itself, were conducted in accordance with intent of the AHERA regulations to the best of my ability and knowledge. Mark Meier, Asbestos Building Inspector I have reviewed this report and hereby certify that the information contained within satisfies the intent 9f the AHERA regulations to the best of my ability and knowledge. Certification # 2204 FI3 c 5 Wiv tm C=Eamma Phone 763-545-5510 ❑ Fax 763-545-7883 n www.aesmn.com 1.0 EXECUTIVE SUMMARY Applied Environmental Sciences, Inc. (AES) was retained by Stantec, Inc. to perform a pre - demolition hazardous materials survey of the Winnetka Learning Center located at 7940 55th Avenue North in New Hope, Minnesota Survey procedures conducted by AES complied with the applicable Occupational Safety and Health Administration (OSHA), Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Health (MDH) standards for surveys of buildings to be demolished. AES performed an asbestos survey of the building, sampled areas of heavily flaking and peeling paint for lead content and compiled a list of other hazardous materials (e.g., those assumed to contain PCBs, mercury, CFCs) present on the property. AES also took samples of the caulk to determine PCB content. The survey was conducted on November 18-19, 2013. The building had previous asbestos surveys conducted on it as part of the schools Management Plan for AHERA. AES did not test materials that were already found to be asbestos -containing during prior sampling. The results of the survey are as follows: 1. AES took 137 bulk asbestos samples as part of this project. The contracted laboratory separated these 137 samples into 153 individual layer samples and analyzed all 153 samples. 2. Suspect building materials found to contain asbestos in previous surveys and during the pre -demolition survey include — 9" x 9" floor tile & floor tile mastic, hard white pipe insulation, hard fittings on fiberglass, boiler breeching, boiler cover, sink sound deadener, chalk/white/bulletin board adhesive, hardwood floor undercoating, black sealant on window flashing, hard white upper roof flashing sealant, main roof flashing (tar/silver paint) and window glazing. Asbestos -containing material should not be cut, drilled, sanded or disturbed. 3. Building materials assumed to contain asbestos include — electric panels, hidden boiler materials and elevator brakes. 4. No flaking or peeling painted surfaces was observed in the building. 5. Caulk, which tested positive for asbestos content, requires testing for PCB content. Since no caulk samples were found to be asbestos -containing, no PCB caulk samples were required to be taken. 6. The boilers are covered with asbestos -containing insulation. Boilers have been found to contain inaccessible asbestos insulation. The boilers should be completely dismantled and removed prior to demolition. 7. AES investigated inside the exterior concrete block walls and behind the exterior plaster walls in the building for vermiculite. Behind the plaster were clay tile blocks. No vermiculite was found in the concrete or clay block where checked. The possibility exists that vermiculite may exist behind the clay or concrete blocks or elsewhere in the building. If any suspect materials are found during abatement or demolition, work should stop until the suspect material can be sampled and if necessary removed by a licensed asbestos abatement contractor. 8. Relevant State of Minnesota, EPA and OSHA regulations are included in Appendix I. 9. The bulk sampling sheets and diagrams with sample locations are included in Appendix U. 10. The estimated quantity and location of identified positive materials are included in Appendix III. 11. Minnesota Department of Health certifications are included in Appendix IV. 12. A complete list of all painted surfaces tested for lead has been included in Appendix V. 13. A complete list of hazardous and special wastes observed is included in Appendix VI. This survey identifies materials as they existed on the day of the survey. Conditions may change over time. This survey should not be used as a bidding document. The ACM quantities provided are estimates and must be verified prior to abatement f rm bidding. AES recommends using a licensed asbestos project designer to design and bid projects. Winnetka Leamina Center: Pre -Demolition Hazardous Materials Survey Page 3 1.1 SUMMARY OF ACM BY TYPE, QUANTITYAND SAMPLE NUMBER The approximate quantity of ACM found in the building is listed below: Thermal System Insulation Boiler breeching Previously Sampled 220 square feet Pipe insulation/boiler header Previously Sampled 550 linear feet Pipe fitting insulation Previously Sampled 300 fittings Boiler cover Sample 3 500 square feet Surfacing Material - None Found Miscellaneous Materials Floor tile, 9"x 9" Previously Sampled 30,000 square feet Floor tile mastic, black Previously Sampled 30,000 square feet Sink sound deadener Sample 40 32 sinks Chalk/white/bulletin board adhesive Samples 4, 44, 49 3,500 square feet Floor tile mastic under 12" floor the Sample 21 135 square feet Black substance under gym wood floor Sample 78 3,050 square feet Black sealant on window flashing Sample 100 100 linear feet Hard white roof flashing sealant Sample 105 150 linear feet Main roof flashing (tar/silver paint) Sample 107 1,000 square feet Window glazing Sample 115 72 windows Assumed Materials Elevator equipment Electric panels Hidden boiler materials I elevator 31 panels 2 boilers For a full description of sample results and sample locations, see Appendix H. 1.2 SUMMARY OF DETERIORATED LEAD-BASED PAINT See Appendix V for lead-based paint results. 1.3 SUMMARY OF HAZARDOUS MATERIALS See Appendix VI for a complete list of hazardous and special wastes observed. Caulk which tested positive for asbestos content requires testing for PCB content as well. Since no caulk samples were found to be asbestos -containing, no PCB caulk samples were taken. Winnetka LeaminH Center Pre Demolition Hazardous Materials Survey Page 4 2.0 METHODS 2.1 ASBESTOS SURVEYAPPROACH The procedures used for this survey meet the sampling standards of EPA's Asbestos Hazard Emergency Response Act (AHERA), the OSHA asbestos standard and the EPA NESHAP rule for demolitions. AES's approach to this survey was to identify, assess, sample and quantify all suspect asbestos - containing materials within the building. Electrical wiring and panels were not sampled. AES does not perform bulk sampling of electrical equipment unless tt has been shut down and tagged by a licensed electrician. An attempt was made to locate and identify materials inside walls, doors, ducts, roofs or other areas which require destructive entry. The quantity of each assessed material was estimated. The survey was conducted by accredited asbestos building inspectors and supervised by Board Certified Industrial Hygienists. 2.1.1 ASBESTOS SURVEY LIMITATIONS Tunnels in the building were labeled as confined spaces. AES did not enter the tunnels for this reason. We did however observe hard white pipe fittings on fiberglass leading into the tunnels in numerous locations. AES estimated the number of pipe fittings present in the tunnels based on the previous survey and similar school building tunnels we have observed. AES investigated inside the exterior concrete block walls and behind the exterior plaster walls in the building for vermiculite. Behind the plaster were clay tile blocks. No vermiculite was found in the concrete or clay blocks where checked. The possibility exists that vermiculite may exist behind the clay or concrete blocks or elsewhere in the building. If any suspect materials are found during abatement or demolition, work should stop until the suspect material can be sampled and, if necessary, removed by a licensed asbestos abatement contractor. Only accessible materials were sampled. An attempt was made to locate and identify materials inside walls, doors, ducts, roofs or other areas which require destructive entry. The possibility exists that as other walls, doors, ducts, etc. are opened during the abatement and demolition of the building, suspect materials may be found. If suspect materials are encountered during demolition, the demolition should stop until these materials can be tested and, if necessary, removed by a licensed asbestos contractor. Quantities of all materials are estimates and should be verified by bidding abatement contractors This survey identifies materials as they existed on the day of the survey. Conditions and quantities may change over time. 2.1.2 BULK ASBESTOS SAMPLING Samples were collected utilizing random sampling procedures. Similar systems and materials were grouped into "homogeneous areas of building materials." Multiple random samples were taken of materials in accordance with the EPA-AHERA guidelines. Sample locations were determined using a random sampling process for each homogeneous material. Winnetka Learning Center: Pre -Demolition Hazardous Materials Survey Page 5 Less than 1,000 square feet Between 1,000 and 5,000 square feet Greater than 5,000 square feet Samples were collected by carefully removing a small representative sample of the suspect material and sealing it in a plastic bag. Water was used to control dust during sampling. The sample was identified with a sample number. Where possible, sample locations were tagged with the sample number and designated "A, B, C," etc. The "wounds" where suspect materials were sampled were sealed. Sample locations are noted on the diagram in Appendix If. 2.1.3 BULK ASBESTOS ANALYSIS The bulk samples were analyzed by polarized light microscopy (PLM) with dispersion staining, EPA method 600/R-93/116. Bulk samples were viewed under a stereoscope. Samples were prepared in various Cargille refractive index oils and examined under the polarizing microscope. The samples were evaluated under crossed polars for extinction angle, sign of elongation and morphology. The samples were then analyzed using a dispersion -staining objective to measure refractive index in various orientations. Mineral identification was based on the unique optical characteristics observed under the polarizing microscope. Quantity determinations are made by visual estimation. EPA NESHAP-Asbestos Rule 40 CFR Part 61 states that samples found to contain less than 10% asbestos by visual estimation may be further quantified by point count analysis. The Asbestos Rule also states that all multi -layer systems, except for wall systems where joint compound was used only at the joints and nail holes, must be analyzed as separate materials. If any layer contains greater than one -percent asbestos, that layer must be treated as asbestos - containing. This requires all layers in a multi -layered system to be treated as asbestos -containing if the layers cannot be separated without disturbing the asbestos -containing layer. Asbestos sample analysis for this project was conducted by Environmental Hazards Services, L.L.C. (EHS) in Richmond, Virginia. EHS is accredited by the National Voluntary Accreditation Program (NVLAP lab code 101882-0). Asbestos samples will be held for thirty (30) days after the date of this report. 2.2 LEAD SURVEYAPPROACH AES's approach to this lead paint sampling was to sample all flaking and peeling paint within the building. No flaking or peeling paint was observed in the building. 2.3 HAZARDOUS MATERIALS SURVEYAPPROACH AES's approach to this survey was to visually inspect each room for building components assumed to contain hazardous and special wastes that must be removed from the building or recycled properly prior to demolition. Quantities of these materials are estimates and should be verified by bidding abatement contractors. See Appendix VI for the complete list of hazardous and special wastes observed. Caulk which tested positive for asbestos content requires testing for PCB content as well. Since no caulk samples were found to be asbestos -containing, no PCB caulk samples were taken. Winnetka Learning Center: Pre Demolition Hazardous Materials Survey Page 6 2.4 CHAIN OF CUSTODY PROCEDURES To ensure that samples collected in the field are neither lost nor their identity confused, all samples, from the point of collection to receipt in the laboratory, follow these procedures. Each sample is first assigned a unique and distinct sampling number. era sample is placed into a plastic bag, that unique number is assigned to that bag. This same number is assigned to a chain of custody form. The inspector signs each chain of custody before it, along with the samples, is delivered to the lab. Upon receipt of the samples, the lab analyst verifies that each sample bag matches the corresponding chain of custody sample number and signs and dates the chain of custody. 3.0 DISCUSSION 3.1 SUMMARY OF NON -ASBESTOS -CONTAINING MATERIAL Suspect ACM is considered negative for asbestos when all samples of the material are found to contain one percent or less asbestos. Suspect material found to be negative includes: 1. Plaster (Sample 1). 2. Gray hole filler (Sample 2). 3. Expansion joint caulk (Sample 5). 4. Baseboard (Samples 6, 8, 38, 41, 52, 54, 56, 75). 5. Baseboard adhesive (Samples 7, 9, 39, 42, 53, 55, 57, 76). 6. Cooler plaster like coating (Samples 10, 22). 7. Fiberglass wall panel adhesive (Sample 11). 8. Ceramic wall tile mortar (Samples 12, 18, 23, 27, 29, 33, 58, 66, 70, 79, 81, 83, 85, 98). 9. Ceramic wall tile grout (Samples 13, 19, 24, 28, 30, 34, 59, 67, 71, 80, 82, 84, 86, 99). 10. Ceramic floor tile mortar (Samples 14, 25, 31). 11. Ceramic floor tile grout (Samples 15, 26, 32). 12. V x P ceiling tile (Samples 16, 60). 13. Ceiling tile adhesive (Samples 17, 61). 14. 12" x 12" floor tile (Samples 20, 36, 92). 15. Floor file mastic (Samples 37, 93). 16. Fire stop putty (Sample 43). 17. Ceramic splashguard mortar (Samples 45, 47, 50, 62, 89). 18. Ceramic splashguard grout (Samples 46, 48, 51, 63, 90). 19. Black adhesive used for shelves in closet (Sample 64). 20. Caulk (Samples 72, 73, 74, 101, 102, 103, 104, 113, 114), 21. White texturing (Samples 77, 94). 22. Fire door insulation (Sample 87). 23. Stucco splashguard (Sample 88). 24. White board adhesive (Sample 91). 25. Sheetrock under plaster (Sample 95). 26. Black tar sealant on foam of cooler (Sample 96). 27. Sheetrock and joint compound (Sample 97). 28. Built-up roofing materials (Samples 106, 108, 109). 29. Flashing (Sample 110). 30. Flashing sealant (Samples 111, 112). 31. Black tar sealant (Sample 116). Winnetka Learning Center: Pre -Demolition Hazardous Materials Survey Page 7 3.2 RECOMMENDATIONS 3.2.1 ASBESTOS This survey was conducted to locate asbestos -containing materials that must legally be removed prior to demolition of the building. The EPA/MPCA NESHAP regulations require that asbestos - containing materials which are friable, or will become friable during demolition, must be removed from the building prior to demolition by a licensed asbestos abatement contractor. Suspect building materials found to contain asbestos include — 9" s 9" floor tile & floor the mastic, hard white pipe insulation, hard fittings on fiberglass, boiler breeching, boiler cover, sink sound deadener, chalk/white/bulletin board adhesive, hardwood floor undercoating, black sealant on window flashing, hard white upper roof flashing sealant, main roof flashing (tar/silver paint) and window glazing. Building materials assumed to contain asbestos include — electric panels, hidden boiler materials and elevator brakes. Floor tile is located under carpeting throughout the building. This floor tile contains asbestos. Removal of this carpeting could potentially cause damage to the underlying floor tile and possibly cause an asbestos fiber release. Boilers have been found to contain inaccessible asbestos materials. ACM may become exposed if the boiler is demolished with the building. AES recommends completely removing the boiler prior to demolition. Tunnels located under the concrete slab of the building were labeled as confined spaces. AES did not enter the tunnels for this reason. We did however observed hard white pipe fittings on fiberglass leading into the tunnels in numerous locations. AES estimated the number of pipe fittings present in the tunnels based on the previous survey and similar school building tunnels we have observed. 3.2.2 LEAD No areas of loose lead-based paint were located to sample. 3.2.3 HAZARDOUS MATERIALS Prior to demolition, all hazardous and special waste must be recycled or removed from the building according to Local, State, and Federal regulations. A complete list of building hazardous and special wastes observed is included in Appendix VI. Caulk which tested positive for asbestos content requires testing for PCB content as well. Since no caulk samples were found to be asbestos -containing, no PCB caulk samples were required. This survey should not be used as a bidding document. The ACM quantities provided are estimates and must be verified prior to abatement firm bidding. AES recommends using a licensed asbestos project designer to design and bid projects. APPENDIX I 1.0 STANDARDS REGULATING ASBESTOS 1.1 MINNESOTA The State of Minnesota enforces two asbestos-related rules that affect building owners. One rule states that friable asbestos -containing materials must be maintained in a good state of repair. The second rule states that an inspection survey for asbestos must be performed prior to the undertaking of either a renovation or demolition project where there is reason to suspect asbestos might be present. These rules are enforced by Minnesota OSHA. Minnesota Department of Health regulations require building owners to keep records of all asbestos abatement or asbestos maintenance work performed at their facility for the current calendar year. These records must be retained for three years. 1.2 EPA The EPA has specific rules governing the disposal of asbestos -containing materials (ACM), removal of ACM before building demolition and notification before removal of ACM. The Minnesota Pollution Control Agency enforces these rules. EPA's Asbestos Hazard Emergency Response Act (AHERA), which regulates asbestos in schools, states that any building material containing greater than one percent asbestos must be inspected and managed. 13 EPA/ASHAI2A The Asbestos School Hazard Abatement Reauthorization Act (ASHARA) requires that any asbestos inspection, whether done visually or by taking samples, must be done by accredited asbestos building inspectors. The regulation also stipulates that asbestos abatement projects must be designed and performed by accredited individuals. 1.4 OSHA OSHA standards 1910.1001 (general industry), 1926.1101 (construction), and 1915.1001 (shipbuilding) regulate occupational exposures to asbestos. These standards regulate asbestos abatement, building inspections, maintenance work and custodial activities. The permissible exposure limit (PEL) for asbestos is 0.1 fibers per cubic centimeter as an eight-hour, time - weighted average (8 -hour TWA). 1.5 EPA/NESHAP The Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR 61, Subpart M) addresses milling, manufacturing and fabrication operations, demolition and renovation activities, waste disposal issues, active and inactive waste disposal sites and asbestos conversion processes. The terms friable and nonfriable are used to make the distinction between building materials that would readily release asbestos fibers when damaged or disturbed and those materials unEkeIy to result in significant fiber release when disturbed. Friable asbestos -containing material (ACM) is defined by the EPA as any material containing more than one percent asbestos that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure. Nonfriable ACM is any material containing more than one percent asbestos that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure. The EPA defines two categories of nonfriable ACM, Category I and Category II nonfriable ACM. Category I nonfriable ACM is any asbestos -containing packing, gasket, resilient floor covering or asphalt roofing product which contains more than one percent asbestos. Category H nonfriable ACM is any material, excluding Category I nonfriable ACM, containing more than one percent asbestos, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. "Regulated Asbestos -Containing Material" (RACM) is (a) friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation activities. 2.0 STANDARDS REGULATING LEAD 2.1 OSHA OSHA standards apply to any employee disturbing (creating dust or fumes) materials covered with lead-based paint. OSHA regulates lead as an airborne contaminant. Airborne concentrations during disturbance will vary with both the concentration of lead paint and with the operation (manual demolition, sanding, etc.). OSHA requires the contractor to show proof that the operations disturbing lead based paint in any concentration will not exceed the action level of 30 pglm3 or the Permissible Exposure Limit (PEL) of 50 pg/m3- 2.2 MPCA The MPCA requires that all peeling, flaking or otherwise deteriorated lead-based paint must be removed or stabilized prior to building demolition. 3.0 HAZARDOUS AND SPECIAL WASTE 3.1 MPCA The MPCA requires that all solid, hazardous, or other special waste be recycled or removed and properly disposed of prior to demolition. Demastsnduds.fpcB APPENDIX II Winnetka Elementary 7940 55th Avenue North, New Nope, MN 55428 School District #281 UPPER LEVEL n 104. - SyiE�i�S 1 vLi, 203 1 205 1 204 1 203 1 202 1 tat 207 4?9 � C 7�� - - 209 _ EL. 'M1IEDIA GYM CENTER „sss✓fff _I �lI l 211212 213 216 217 214 1 215 1 216 KEY -.- FIRE EXIT G TORNADO SAFE StC FIRST AID KITS I ?UB �;p4 11 Ef/`S4 Asbestos Bulk Laboratories' Analysis Report Environmental Hazards Services, L.L.C. 7469 Whitepine Rd Richmond, VA 23237 Telephone: 800.347.4010 Report Number: 13-11-02432 Client: Applied Env. Sciences Received Date: 11/20/2013 8441 Wayzata Blvd, Analyzed Date: 11/21/2013 Shiite 103 Reported Date: 11/22/2013 Minneapolis, MN 55426 Projectrrest Address: WLC/F13-685; New Hope, MN Fax Number: F Client Number: Laboratory p }�+ Results 763545-7883 24-1221 Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Materials Number Number 13-11-02432-001 1A GrayA shite Granular,, NAD 100% Non -Fibrous Inhomogeneous 13-11-02432-002 1B Gray/WhiteGranular; NAD 100% Non -Fibrous Beige Paint -like; Inhomogeneous 13-11-02432-003 1 C GrayPMlite Granular, NAD 100% Non -Fibrous Beige Paint -Like; Inhomogeneous 13-11-02432-004 1D Gray/whiteGranular; NAD 100%Non-Fibrous Beige Paint -Like; Inhomogeneous 13-11-02432-005 1E Gray/White Granular, NAD 100% Non -Fibrous Beige Paint -Like; Inhomogeneous Page 1 of 21 Environmental Hazards Services, L.L.0 Client Number: 24-1221 Report Number. 13.11-02432 Project/Test Address: WLC/F13-085; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-006 1F Gray/WhiteGranular; NAD 100% Non -Fibrous Beige Paint -Like; Inhomogeneous 13-11-02432-007 1G GrayMfiiteGranular,, NAD 100% Non -Fibrous Beige Paint -Like; Inhomogeneous 13-11-02432-008 2 Gray Pliable; NAD 5% Cellulose Homogeneous 95% Non -Fibrous 13-11-02432-009 3 GrayBeigeFibrous; 60% Chrysotile 10% Cellulose Powder, Homogeneous 30% Non -Fibrous Total Asbestos: 60% 13-11-02432-010 4 Black Tar -Like; 8% Chrysotile 2% Cellulose Homogeneous 90% Non -Fibrous Total Asbestos: 8% 13-11-02432-011 5 Gray Pliable; NAD 100% Non -Fibrous Homogeneous 13-11-02432-012 6 Brown Rubbery; NAD 100% Non -Fibrous Homogeneous 13-11-02432-013 7 Brown Brittle; NAD 100% Non -Fibrous Homogeneous Page 2 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Projectf-rest Address: WLC1F13-685; New Hope, MN Lab Sample Client Sample LgerType tab Gross Description Asbestos Other Number Number Materials 13-11-02432-014 8 Brown Rubbery; NAD 100% Non -Fibrous Homogeneous 13-11-02432-015 9 Yellow Adhesive; NAD 2% Cellulose 98% Non -Fibrous Homogeneous 13-11-02432-016 10A White Granular, Beige NAD 100% Non -Fibrous Brittle; Inhomogeneous 13-11-02432-017 10B white Granular; Beige NAD 100% Non -Fibrous Brittle; Inhomogeneous 13-11-02432-018 10c white Granular, Beige NAD 100% Non -Fibrous Brittle; Inhomogeneous 13-11-02432-019 11 Beige Brittle; NAD 100% Non -Fibrous Homogeneous 13-11-02432-020 12 Beige Cement@ious; NAD 100% Non -Fibrous Homogeneous 13-11-02432-021 13 Gray Granular, NAD 100% Non -Fibrous Homogeneous Page 3 of 21 Page 4 of 21 Environmental Hazards Services, L.L.0 96% Non -Fibrous Client Number: 24-1221 Brown Fibrous; White NAD Report Number: 13-11-02432 Projectrrest Address: WLC/F13-685; New Hope, MN Paint -Like; 10% Non -Fibrous Lab Sample Inhomogeneous 13-11-02432-027 Client Sample Layer Type lab Gross Description Asbestos Other Number Number 2% Talc Materials 13-11-02432-022 14 Gray Cementitious; NAD 100% Non -Fibrous 900% Cellulose Homogeneous Paint -Like; 10% Non -Fibrous 13-11-02432-023 Inhomogeneous 15 Pale Gray Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-024 16A Brown Fibrous; White NAD 90% Cellulose Paint -Like; 10% Non -Fibrous Inhomogeneous 13-11-02432-025 17A Brown Brittle, NAD 2%WollastoOe Homogeneous 2% Talc Page 4 of 21 96% Non -Fibrous 13-11-02432-026 16B Brown Fibrous; White NAD 90% Cellulose Paint -Like; 10% Non -Fibrous Inhomogeneous 13-11-02432-027 17B Brown Brittle; NAD 2% Wollastonite Homogeneous 2% Talc 96% Non -Fibrous 13-11-02432-028 16C Brown Fibrous; White NAD 900% Cellulose Paint -Like; 10% Non -Fibrous Inhomogeneous Page 4 of 21 Environmental Hazards Services, L.L.0 ClientNumber. 24-1221 Report Number: 13-11-02432 Project/Test Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-029 17C Brawn Brittle; NAD 2% Waollllestonite NAD Homogeneous 96% Non -Fibrous Homogeneous 13-11-02432-030 18 Tan Cementitious; NAD 100% Non -Fibrous Tan Vinyl; Homogeneous Homogeneous 100% Non -Fibrous 13-11-02432-033 21 Black Tar -Like; 13-11-02432-031A 19 Grout Tan Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-031B 19 Mortar Gray Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-032 20 Tan Vinyl; Homogeneous NAD 100% Non -Fibrous 13-11-02432-033 21 Black Tar -Like; 3%Cnrysotile 94 Cellulose 94%Non -Fibrous Homogeneous Total Asbestos: 3% 13-11-02432-034 22A White Granular, Trace <1% Chrysotile 1000A Non -Fibrous Homogeneous Total Asbestos: Trace <1% 13-11-02432-035 22B White Granular; Trace <1%Chrysotile 100% Non -Fibrous Homogeneous Total Asbestos: Trace <1% Page 5 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Projectirest Address: WLC/F13-685; New Hope, MN Lab Semple Client Sample Lay" Tree Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-036 22C White Granular, Trace <1 % Chrysotile 100% Non -Fibrous Homogeneous Total Asbestos: Trace <1% 13-11-02432-037A 23 Ceramic GreenCementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-0378 23 Mortar Gray Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-038 24 White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-039A 25 Ceramic Beige Cementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-039B 25 Mortar Tan Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-040 26 Gray Granular; NAD 1%Cellulose Homogeneous 99% Non -Fibrous 13-11-02432-041 27 White Cementitious; NAD 100% Non -Fibrous Homogeneous Page 6 of 21 Environmental Hazards Services, L.L.0 Client Number: 24-1221 Report Number: 13-11-02432 ProjectiTest Address: WLCIFI3-685, New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-042 28 White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-043 29 BlueCementKious; NAD 100% Non -Fibrous Homogeneous 13-11-02432-044 30 white Granular; NAD 100%Non-Fibrous Homogeneous 13-11-02432-045 31 Gray Cementitious; NAD 100% Non -Fibrous Homogeneous 13-11-02432-046 32 Gray Granular, NAD 100% Non -Fibrous Homogeneous 13.11-02432-047 33 White[TanGranular; NAD 100% Non -Fibrous Inhomogeneous 13-11-02432-048 34 White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-049 36 Gray Vinyl; Homogeneous NAD 100% Non -Fibrous Page 7 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Project/Test Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-050 37 Yellow Adhesive; NAD 2% Cellulose Homogeneous 98% Non -Fibrous 13.11-02432-051 38 Grey Vinyl; Homogeneous NAD 100% Non -Fibrous 13-11-02432-053 40 13-11-02432-054 41 13-11-02432-055 42 13-11-02432-056 43 Yellow/Brown Adhesive; NAD 100% Non -Fibrous Inhomogeneous Black Tar -Like; 3% Chrysotile 97% Non -Fibrous Homogeneous Total Asbestos: 3% Black Vinyl; NAD 100% Non -Fibrous Homogeneous Yellow/Brown Adhesive, NAD Inhomogeneous Brown Adhesive; NAD Homogeneous 1 % Cellulose 99% Non -Fibrous 6% Fibrous Glass 94% Non -Fibrous 13-11-02432-057 44 Brown Adhesive; 7% Chrysotile 1% Cellulose Homogeneous 92% Non -Fibrous Total Asbestos: 7% Page 8 of 21 Environmental Hazards Services, L.L.0 Client Number: 24-1221 Report Number: 13-11-02432 Projectrrest Address: WLCIFI3-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-058A 45 Ceramic WhiteCementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-058B 45 Mastic Yellow Adhesive; NAD 2% Cellulose Homogeneous 98% NorrFibrous 13-11-02432-059 46 White Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-060A 47 Ceramic TurquoiserranBrittle; NAD 100% Non -Fibrous Tile Inhomogeneous 13-11-02432-0606 47 Mortar Off -White Cementitious; NAD 100% Non Fibrous Homogeneous 13-11-02432-061 48 Off -White Brittle; NAD 100%Non-Fibrous Homogeneous 13-11-02432-062 49 Dark Brown to Black 18% Chrysotile 2% Cellulose Brittle; Homogeneous 80% Non -Fibrous Total Asbestos: 18% 13-11-02432-063A 50 Ceramic Yellow/Tan Brittle; NAD 100% Non -Fibrous Tile Inhomogeneous Page 9 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13.11-02432 Project/Test Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer TYPO Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-0638 50 Mortar Off-WhiteCementitious; NAD 100%Non-Fibrous Homogeneous 13-11-02432-064 51 Off -White Brittle; NAD 100% Non -Fibrous Homogeneous 13-11-02432-065 52 Dark Brown Vinyl -Like; NAD 10D% Non -Fibrous Homogeneous 13-11-02432-066 53 Off -White Adhesive; NAD 3% Cellulose Homogeneous 97% Non -Fibrous 13-11-02432-067 54 GrayViinyl-Like; NAD 100% Non -Fibrous Homogeneous 13-11-02432-068 55 Amber Adhesive; NAD 5% Cellulose Homogeneous 95% Non -Fibrous 13-11.02432-069 56 Gray Vinyl -Like; NAD 100% Non -Fibrous Homogeneous 13-11-02432-070 57 Amber Adhesive; NAD 4% Cellulose Homogeneous 96% Non -Fibrous Page 10 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Project rest Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13.11-02432-071 58 Off -White Cementitious; NAD 100% Non -Fibrous Homogeneous 13-11-02432-072 59 13-11-02432-073 60 13-11-02432-074 61 Off -White Brittle; NAD Homogeneous Tan Fibrous; White Brittle; NAD Inhomogeneous Dark Yellow Adhesive; NAD Homogeneous 100% Non -Fibrous 95% Cellulose 5% Non -Fibrous 7% Cellulose 93% Non -Fibrous 13-11-02432-075A 62 Ceramic Blue-GreenrranBrittle; NAD 100%Non-Fibrous Tile Inhomogeneous 13-11-02432-075B 62 Mortar Off -White Cementitious; NAD 1% Cellulose Homgeneous 99% Non -Fibrous 13-11-02432-076 63 Off -White Brittle; NAD 100% Non -Fibrous Homgeneous C Black Brittle to Coarse 13-11-02432-077 64 NAD 2% Cellulose 1% Synthetic Powder; Homogeneous 2% Talc 95% Non -Fibrous Page 11 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Project/restAddress: WLC/F13-685; New Hope, MN Lab Sample Client Sample Dyer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-078 66 Off-WhiteCementitious; NAD 100% Non -Fibrous Homogeneous 13-11-02432-079 67 Off -White Brittle; NAD Homogeneous 13-11-02432-080A 70 Ceramic Blue-Gmen)Tan Brittle; NAD Tile Inhomogeneous 13-11-02432-0808 70 Mortar Off-White/Gray NAD Cementitious; Inhomogeneous 13-11-02432-081 71 Off -White Brittle; NAD Homogeneous 13-11-02432-062 72 Pale Gray Pliable; NAD Inhomogeneous 100% Non -Fibrous 100% Non -Fibrous 100% Non -Fibrous 100% Non -Fibrous 1 % Cellulose 99% Non -Fibrous 13-11-02432-083 73 Pale Tan -Gray Pliable; NAD 100% Non -Fibrous Inhomogeneous 13-11-02432-084 74 Gray Pliable; NAD 100% Non -Fibrous Inhomogeneous Page 12 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Project/Test Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-085 75 Dark Brown -Gray NAD 100% Non -Fibrous Vinyl -Like; Homogeneous 13-11-02432-086 76 Pale Yellow/Brown NAD 2% Cellulose Adhesive; Inhomogeneous 1% Hair 1% Wollastonite 96% Non -Fibrous 13.11-02432-087 77A White Brittle; White NAD 2% Cellulose Foam -Like; Off -White 98% Non -Fibrous Pliable to Brittle; Inhomogeneous 13-11-02432-088 77B White Brittle; White NAD Cellulose 1%Non-FibrousFoam-Like; Off -White Pliable to Brittle; Inhomogeneous 13-11-02432-089 77C White Brittle; White NAD 1%Cellulose 99% Non -Fibrous Foam -Like; Off -White Pliable to Brittle; Inhomogeneous 13-11-02432-090 77D White Brittle; White NAD 2% Cellulose 98% Non -Fibrous Foam -Like; Off -White Pliable to Brittle, Inhomogeneous Page 13 of 21 Page 14 of 21 Environmental Hazards Services, L.L.0 Client Number: 24-1221 Report Number: 13-11-02432 Project/TestAddress: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-091 77E White Brittle; White NAD 1%Cellulose Foam -Like; Off -White 99% Non -Fibrous Pliable to Brittle; Inhomogeneous 13-11-02432-092 78 Dark Brown Cork -Like; 5%Chrysotile 8% Cellulose Black Pliable to Brittle; 1 % Fibrous Glass Black Fibrous; 1% Hair Inhomogeneous 85% Non -Fibrous Total Asbestos: 5% Chrysotile present in black pliable to brittle masticlsealant-type material throughout sample. 13-11-02432-093A 79 Ceramic Light Blue Cementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-093B 79 Mortar White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-094 80 White Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-095A 81 Ceramic Olive/Yellow Cementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-095B 81 Mortar White Granular, NAD 1001A Non -Fibrous Homogeneous 13-11-02432-096 82 White Granular, NAD 100%Non-Fibrous Homogeneous Page 14 of 21 Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 ProjectlTest Address: WLC/F13-685; New Hope, MN Lab Sample Client Sample Layer Type Lab Gross Description Asbestos Other Number Number Materials 13-11-02432-097A 83 Ceramic White/Speck NAD 100% Non -Fibrous Tile Cementitious; Homogeneous 13-11-02432-0978 83 Mortar White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-098 84 White Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-099A 85 Ceramic White Cementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-0996 85 Mortar White Granular; NAD 100%Non-Fibrous Homogeneous 13-11-02432-100 86 White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-101A 87 Insulation White Powdery Fibrous; NAD 35% Cellulose Homogeneous 65% Non -Fibrous 13.11-02432-101 B 87 Fiber Brown Fibrous; NAD 95% Cellulose board Homogeneous 5% Non -Fibrous Page 15 of 21 Homogeneous I Environmental Hazards Services, L.L.0 Client Number. 24-1221 Report Number: 13-11-02432 Projectrrest Address: WLC/F13-685; New Hope, MN Gray Granular; Lab Sample 100% Non -Fibrous Client Sample Layer TYPO Lab Gross Description Asbestos Other Number Number 88C Materials 13-11-02432-102 88A Gray Granular, NAD 100% Non -Fibrous Homogeneous I 13.11-02432-103 88B Gray Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-104 88C Gray Granular, NAD 100% Non -Fibrous Homogeneous 13-11-02432-105A 89 Ceramic Light Green Cementitious; NAD 100% Non -Fibrous Tile Homogeneous 13-11-02432-105B 89 Mastic Yellow Adhesive; NAD 100% Non -Fibrous Homogeneous No mortar present. 13-11-02432-106 90 White Granular; NAD 100% Non -Fibrous Homogeneous 13-11-02432-107A 91 Mastic I Brown Brittle Adhesive; NAD 100% Non -Fibrous Homogeneous 13-11-02432-107B 91 Mastic 11 Yellow Adhesive; NAD 100% Non -Fibrous Homogeneous Page 16 of 21 { f .�• { ` ¥ ƒ\7 @ U) \ �\ \ �]|+�\ !k! | ƒ k ! ¥ ►_�� ______ common ' � � ~ `�` • ;\: � L ,62 2 2 to o 42 O q:r � ƒ / 2 ) } d7 U) ¥ tp ) k_x OE �\ \ ||§ / | f ¥ \ !�k f ƒ } ¥ . ` K - � MENEM :NINE= ►_�ttttt� ] } w \v�vvl �ifYT�ir � O i too f tl u T� 4 %,.k, a,4 , .,a 1 \v�vvl i tl u V � ti a h nl 9 P m `O UANP r eA U 7 e c m E y §§a 5i3 pp P A � � p y m < LD CD 4 %,.k, a,4 , .,a 1 Vco ti a co cc r nl m `O UANP eA U 7 c §§a 5i3 pp P A p y < LD CD y N 4 %,.k, a,4 , .,a 1 N { ! BE 7 4 i -4. \\m RI «r` `\ . ) 1 % ` `7D ;■/�)f) } ��k ) \ / !|(! |y\! i -4. . � 1 % ` will!HIM I �} 1111111111 oil MOSEMOSSOM\� MOMMOOMMOM _0001� EMMEMSEM no _ ^�1111011111< M==00MOMME�� ��►.mmmmmmim ti_____�� % .; k k \ / 0 � « � � r ) 2 _ � m ` � | , �k \ i \ . m ■ l �0 � /k E � § � e � . k \ k k / � . V )2 , § l \ � k \ ■� t \ � • }�K w .� ||2/ ,ƒi! /i \ l \ � • }�K .� � ������������`: �- � \ � � / [ ;5 61 Monosson _ ��01111111111: '-' ►.�mm____m���t���� 00somm��� � \ OWN milli!! V, E m m E 5 a 0 V o .w m co ' C O E m m E 5 a 0 mill III �I h m m ti �n -1 ayi U m N d e N o C E� W 4 Lo e $tY.b z m : 2' s r z S v a a h i \ � } \� a S� � 2 � � . � � � . 2 � � ] \ � } \� a S� � � 1 ~� - k . � ONE�������* ~ MEN������� •�ME�������� MEN III��`. ►_.t�t���� MEN \ . mi - l ♦* � . � ��I MR., APPENDIX III EXPLANATION OF ACM ASSESSMENT DATA TABLE This Appendix contains a summary of all ACM assessment information for materials that tested positive in each functional space in the building. The information is grouped in columns as follows: FUNCTIONAL SPACE This is a number assigned to spaces within the building. Generally, each distinct room in the building was assigned a number. The locations of these functional space numbers are charted on diagrams in Appendix III. LOCATION This is the room number or description of the area if it had no room number. DESCRIPTION The description of the material. QUANTITY This is either the estimated length of the material in feet or its area in square feet. For fittings/elbows, the number represents the estimated number of fittings and elbows in the system. REMOVAL COST ESTIMATE This is the estimated cost to properly remove the asbestos containing material from the building according to applicable Local, State and Federal regulations. SH0RT.dM1ab1c.capLC0STSSpcB ASBESTOS MATERIAL ASSESSMENT WINNETKA LEARNING CENTER LOCATION (FUNCTIONAL SPACE MATERIAL DESCRIPTION QUANTITY (estimated) Boiler Room (1) Hard white pipe insulation 50 linear feet Boiler header 50 linear feet Square boiler breeching 220 square feet Hard white fittings on fiberglass 15 fittings Electric panels 11 panels Boiler insulation 1500 square fat Hidden boiler materials 2 boilers Receiving (2) Electric panels 7 panels Hard white fittings on fiberglass 5 fittings Chalk board adhesive 24 square feet Kitchen Area (3) Hard white pipe insulation 52 linear feet Electric panels 2 panels 9" x 9" floor tile, tan with brown and white & black tile mastic 750 square fat 9" x 9" floor tile, tan with brown, white & black dots & black tile mastic 200 square fat Floor tile mastic under 12" floor tile 120 square feet Cafeteria -& Storage Rooms 4 9" x 9" floor tile, tan with brown and white & black tile mastic 2,750 square feet Electric panels 2 panels Offices by Cafeteria and Restrooms 5 Hard white fittings on fiberglass 30 fittings 9" x 9" floor tile & mastic under carpet 225 square feet LOCATION MATERIAL DESCRIPTION (e imTTeT) (FUNCTIONAL SPACE Hard white pipe insulation 25 linear feet West Hallway Side Hard white pipe insulation 25 linear feet Rooms 6 Hazd white fittings on fiberglass 30 fittings --VTx 9" floor file & mastic under carpet 150 square feet ChalklwhiteftHetin board adhesive 48 square feet Rooms 108 & 109 (7) 9" x 9" floor tile & mastic under carpet 650 square feet Black sink undercoating 2 sinks Chalk/white/bulletin board adhesive 10 square feet Rooms 117, 118, 119 Hard white pipe insulation 100 linear feet 8 floor file &mastic under carpet 2,700 square feet Black sink undercoating 4 sinks Chalk/white/bulletin board adhesive 380 square feet Main Office (9) 9" x 9" floor tile & mastic under carpet 1,050 square feet Hard white pipe insulation 25 linear feet 9" x 9" floor tile, tan with brown and white & 250 square feet mastic under carpet Black sink undercoating 2 sinks Chalk/white/bulletin board adhesive 36 square feet Rooms 70-5,106,107 9" x 9" floor tile & mastic under carpet 900 square feet 10 Hard white pipe insulation 75 linear feet Black sink undercoating 2 sinks Chalk/white/bulletin board adhesive 120 square feet Rooms 101-104 (11) 9" x 9" floor tile & mastic under carpet 900 square feet Hard white pipe insulation 125 linear feet 9" x 9" floor tile tan with brown and white & 2,700 square feet mastic under cTpet LOCATION (FUNCTIONAL SPACE MATERIAL DESCRIPTION QUANTITY (estimated) Black sink undercoating 4 sinks Chalk/white/bulletin board adhesive 720 square feet North Hallway (12) Electric panels 2 panels West Hallway (13) Chalk/white bulletin board adhesive 64 square feet South Hallway (14) Electric panels 2 panels Media Center 208 & 209 l5 9" x 9" floor tile & mastic under carpet 169 square feet Black sink undercoating I sinks Chalk/white/bulletin board adhesive 32 square feet Gym (16) Gym hardwood floor black layer under wood 3,050 square feet 2 Fl Restrooms (17) Hard white fittings on fiberglass 10 fittings Black floor tile mastic 15 square feet Rooms 201-205 (18) 9" x 9" floor tile & mastic under carpet 4,500 square feet Electric panels 1 panels Black sink undercoating 4 sinks Chalk/white/bulletin board adhesive 660 square feet Rooms 206-209 (19) ---§7-x 9" floor file & mastic under carpet 1,700 square feet 9" x 9" floor tile tan with brown and white & mastic under carpet 900 square feet Black sink undercoating 2 sinks Chalk/white/bulletin board adhesive 480 square feet Rooms 211-216 (20) 9" x 9" floor tile & mastic under carpet 5,400 square feet Black sink undercoating 5 sinks LOCATION (FUNCTIONAL SPACE MATERIAL DESCRIPTION Chalk/white/bulletin board adhesive QUANTITY (estimated) 430 square feet Rooms 217 & 218 21 9" x 9" floor tile & mastic under carpet Black sink undercoating 1,800 square feet 2 sinks Chalk/whitelbulletin board adhesive 340 square feet 2 floor hallway (22) Electric panels 4 panels ChalUwhitelbulletin board adhesive 64 square feet Roof (27) Black sealant in window flashing 100 linear feet Hard white upper roof flashing sealant 150 linear feet Main roof flashing tar/silver paint 1,000 square feet Exterior (28) Window glazing, black gummy 72 windows (Approx. 5' x 5' Tunnels (29) Hard white pipe fittings on fiberglass 200 fittings Elevator (30) Elevator brakes 1 elevator APPENDIX IV --A S =-F.S':'G: iNSPEC-CR 3 __9L1 Certified by: State of Minnesota Department of Health Expires: 0910412014 Lloyd W Johnson 7999 Bona Rd Mounds View, MN 56112 Div. Ho A)2389 Issued: 0910612013 APPENDIX V LEAD PAINT SAMPLE RESULTS WINNETKA LEARNING CENTER No flaking paint was observed in the building at the time of the inspection. No paint samples were taken. APPENDIX VI HAZARDOUS OR SPECIAL WASTE OBSERVED WINNETKA LEARNING CENTER CFC's Estimated Quantity Air Conditioner (central) I Air Conditioners (window) 31 Fire Extinguishers 11 Freezers/Refrigerators 3 Ballasts/Fixtures 900 Mercury Estimated Quantity Fluorescent Bulbs 1,600 HID Lamps 39 Thermostats 55 Adhesive 4 gal. Aerosol Spray Can I Air Compressor 1 Alarm Systems and Controls 6 Boilers (Pumps and Controls) 3 Ceiling Fans 5 Compressed Air Dryer 1 Door Closures 46 Electric Meter 1 Electric Panels 45 Emergency Lights 39 Exhaust Fans 11 Exit Signs 33 Fire Alarm System (includes lights and smoke detectors) 1 Gas Meter I General Trash Not Quantified Household Cleaners 84 Intercom and Controls 1 P.A. Systems 2 Pest Control Poisons 10 Plant Food I Radios 2 Water Heaters 2 Water Meter 1 SECTION 11 BUILDING SPECIFIC MANAGEMENT PLAN for Hinnetka Elementary School 7940 55th Avenue North New Mope, MN 0 Asbestos containing building materials (ACBM), both friable and non -friable, have been found in this building. In addition. material is present that is suspected to be asbestos containing material which is both friable and non -friable, and for the purposes of this pian is assumed to be asbestos containing building material (ACBM). I certify that this Section II and attached Section I constitute a true and complete Management Plan as required by 40CFR763 for the Minnetka Elementary School. Management Pianner State & Certificate n n 0 Mr. Dale Hamilton Independent Schcoi District No. 279 11200 93rd Avenue North P.o. Box 327 Maple Grove, MN 55359 Dear Mr. Hamilton: I have reviewed and carefully analyzed the report submitted by the Building Inspector, Doug Dorschner, titled "Asbestos Survey Report for Ninnetka Elementary School", dated August 18. 1988 and found it to be adequate for the purposes of this Management Plan. Sincerely, " Karen Christensen Industrial Hygiene Technician PACE Laboratories. Inc, ���-� - anagement Manner 11?iw - State of Minnesota Certificate Number 11 ii I I . -z- II 2 Index to Building Specific Management Plan 1I-3 Operations & Maintenance Pian ....................... 3 11-4 Notification Procedures...... ........ ......... 3 1I-5 Training Procedures ................................. 3 f 1I-6 Statement of Resource Sufficiency.... ...... — ...... 3 11-7 Initial Recommendatons ............................. 4-5 II -8 LEA's Reasons for final Response Actions............ 6 11-9 LEA's final Response Action Schedule..... ..... ..... 7-8 II -10 O&M Cleaning & Maintenance Schedule ................. 4 II -11 Building Inspection Report .......................... 10 11 • -3- 11-3 3_II-3 OPERATIONS & MAINTENANCE FLAN The LEA's final respons,: action schedule contained in this management plan expresses the district's commitment to positively deal with the asbestos Inventory in Hinnetka Elementary School. The o&M plan will comply in all respects with the provisions set forth In Section I of this document. Detailed descriptions for each individual building of 311 preventive measures and response actions which are to be undertaken for compliance along with methods, locations and schedules, are included on succeeding forms (pages) in this Plan. II -4 NOTIFICATION PROCEDURES No change in notification procedures from those stated in Section I. are necessary for any of the specific school buildings - 11 -5 TRAINING PRODCEDURES No change to training procedures from those stated in Section I of this document are necessary for any specific school buildings. II -5 LEA'S SUFFICIENCY OF RESOURCES I have examined the budgets designed for this program, as they apply to each building, and of the resources of the LEA and have found them sufficient to successfully implement the provisions of this management plan. Management Planner `-' State and Certificate Number k — m to a A a O 3 6 c* -n s m ro O o su m Z � Z a rr a K M i m w � m O .n z O r = apmpr m ppi N N a O a A rt d N V5 to V! to Y C C C C C n m m eo m m m ro '0 0 ro o -• a na n n n n n �o A ro ro m O o, A n n o n a n n w a m co W W as ua m a w A a a a a a V V mN gg gg n o a n a C o M M M N M M N m M O O O O O O 3 G i — m to a A a O 3 6 c* -n s m su m Z � rr a K M i m 0 V O m i ab n n ro O o > ro O x s Y a s � m Y - w Vi V1 4'1 Vf VY th b Y Y G r'. G C V1 .�• n 3 a^� n ro m ro ro m m � cc m .-r m N zY :� TE rt I I 1 I 1 I I � O m i n n II-8 LEA's REASONS FOR FINAL RESPONSE ACTION PLAN i The LEA has accepted, in total, the Management Planner's recommendations and further has committed to their Implementation within the timeframe outlined. Karen Christensen, Management Planner i11di /�?f=dPd State and Certificate Number 0 0 n* U i I; I I � u c, i' S d E q Y q G � a i c r = I C a C i j K a n i I; I I � i' i j � O I P }W T %p � •... iw w w w M w w w I' na m c:a O O 6 d 6 m E a E a a H q O� m tl 1 p d w d w d C G ++ a C C C a d a d a d a w V d N ilf t/f N N N 3-' a C L d L 3 s O N Y G L .< zLL-11 i I rt 1 � G U .50 O C, W N N H M N M s* .n %e ap gypp+ pn om aJ a ce a a a tr m ro m G Coq G.} OP W q0 O c ro O O O O _O pf n M1 n n n n d pm c c c i m c c c m..3 ro m ro .a ro ro Li a m d d d m m Y L L L L L L 6 Vf W N to N to +4 a+ d C d L S p d i P � O G N L b O J d d d G I I a O aL+ I — Q r� U 11 1� I ---r-TTF G d L P� 0 a ae V- G d 'O L^ R V O _a L n C R d Lbp � d L O ro� 8 N tis O Cn P d � w I' - N i ro P pt I P c to v c c d P r d m w 4 R d I x ro d L ca a _ ` W L 9 R d ro o <% N Y .n TI X3 �W ro y y W d d w d L Q V u R }+ b C L d �- �p rn S O L d' v I d s i i 6 Z r� a r 1 s -ID- II-11 BUILDING INSP€CTION REPORT The following building inspection report covers the WInnetka Elementary School of the Independent School Dlsctltt No. 279. • C� L.� SECTION III Building inspection Report for Winnetka Elementary School 7940 55th Avenue North New Nope, MN 0 Prepared by: PACE laboratories, Inc. 1710 Douglas Drive No. Minneapolis. MN 55422 Dated' Aagust 18, 1988 11 0 -i- Mr. Dale Hamilton Independent School District #279 11200 43rd Avenue North P.O. Box 327 Maple Grove, MN 55369 Dear Mr. Hamilton: In accordance with our contract for building Inspection for the Hinnetka Elementary School In New Hope, we herewith submit our Building Inspection Report and all supporting data. He believe that this report complies with the spirit and intent of both our agreement with the Independent School District No. 279 and the terms and condltlons set out therein, and with AHERA. Sincerely, °A"'A'�' Doug Dorschner PACE Laboratories, Inc. V Z Z 5, 0 0 a p �' o Ev CD c C3 00�� .ate .}� m / L00 mx A 1 o 00 A CL ~ ~ O M Cv W W 1 4 � � U �yy Q X W � 0 0 1 l I • -2- III-1 Index to Building Inspection Report I11-2 Logs. ............... ...... ---- 3-6 III -3 Homogeneous Area Logs. ........... .............. —, 1-26 III -9 Homogeneous Area Sketches ........................... 21-25 III -5 Bulk Sample Analysis.... .... .......... 26-29 0 • .-3- 0 iTI-2 LOGS 0 E Elm 0 E 1D, o � D� s =I-+ LL 2 T.'S t i O ` WQ LAN � y a i \ y �, I 1 f y vi x y tt� LQ in stn a Z 'y^O o'> wQ a I 'a^Q y q i M ✓n � N µ y M N M' 'p^P) et y^6 Yt% 1^D ZD SiK tie lie Sie Se N- { 4 Id V7 y L 'Y'- i1i U) {n zs Ic ca a If1 i 1 1 7 C^'ir 1 y £i f•^� � i w Ei ^� � 1 Ep 1 J pi �� •� �� � £• �;�� �� ; � ��� � -�•� lei � I�o I�i .�`j Elm 0 E 1i �� a S• � � w ( : a 1 - �i d ii i:S y -'.,y. y71 YZ J A�l o i o,r,,:.z1=a D 1 O' I ti •i OI I (�') I s '� I C3 i t t `• 1. t \ E o Q:71 � - -+ a a a •. a` !d X I/-,t V2 "Y It tss ua rn cn , cn co cn 7' I'V I U7 u7 � i r ��"�- � r � � ( •+� * � I c � \, i for '^l". i o ! '!y. -G- I (2\ • 11 -9- El III -3 NOHOGENEOUS AREA LOGS FLOOR Tits' 0 0 HOMOGENEOUS AREAS -10- PAGE OF •-Z:,<f ray bi b SCHOOL '(/r{;{(r7Cx.� INSPECTORS, GaC F`NF TYPE DESCRIPTION LOCATION SAMPLE so. Oxy f/r•r. irlo k�ry-r /Ot �,,x .,, F; a /L;3 1a(30 3ax 3c, 1. ri; 11t �t-r .30 f 1 1p, y /17 1 1 tM it ?9'x rf-: Y DIAGRAM 3 0 9 JFfZ HomOGENEOUS AREAS 40 SCHOOL PAGE INSPECTORS ,,� F, -NF TYPE i DESCRIPTION I LOCATION SAMPLE SO. FT. r ' �( � I 1 i rf j 1 DIAGRAM'l p _12_ HOMOGENEOUS AREAS • .L,y f �-', 7y SCHOOL rt, 7 > ; I t -/<c r JPAGE OF `_S INSPECTORS F—NF TYPE DESCRIPTION LOCATION SAMPLE SQ. FT, Cfx� Fl, c: 7 -le A^', Z'� % 3 a xyu : "reap 1 Y~ Ify 1 'ly F „'t i:i l 'S� d' �• _. �Ct i .1 DIAGRAM 9 X CJ _I3_ CEILING TILE • 0 M1 �O R> r � 6 Q Q` Y W i± Y G EM `±Y v— ::I. k 0 �4}h , f -:O .ov q�pFL° Ct• , . I4 ff K M r ;.;- ILI v� v � C `±Y v— ::I. k 0 �4}h , f -:O .ov q�pFL° Ct• , . I4 ff K M r ;.;- Hill ILI v� v � Hill ILI HOMOGENEOUS AREAS PAGE OF SCHOOL FSCHOOL vvlA,t)(?ckq INSPECTORS 042 F -NF TYPE DESCRIPTION I LOCATION SAMPLE So. FT. old t,7 4 E7. o iu -1 DIAGRAM 9 '1�1 -LD - HOMOGENEOUS AREAS PAGE ��_ OF� p � • SCHOOL ;x/nj2 � '�� INSPECTORS' 11 DIAGRAM a le :ng�6` - 214 iR° �y9�' F -NF TYPE DESCRIPTION LOCATION SAMPLE So. FT. j I :ESS L+�V ItA+tiY 'M V�t`i'Y i ke• ,X 37( PAA+ ' j..a✓• In" kAv. Ales4 Aa 54"'r, do k . -7CA ,Ju++o 5+� Y vroc r V2.r•... 11 DIAGRAM a le :ng�6` - 214 iR° �y9�' 0 HOMOGENEOUS AREAS Dnp. SCHOOL ly}!'l1 !V e, 46 PAGE f OI INSPECTORS iFT. F -NF i TYPE DESCRIPTION LOCATION SAMPLE SU. Pee I � 'Krn� !�� opX3b '� • � g Oi.3o I li 9 s DIAGRAM 11, CL HOMOGENEOUS AREAS SCHOOL A)A G4-, -Is- PAGE 0f INSPECTORS L� d r", F®NF TYPE DESCRIPTION LOCATION SAMPLE SO• FT. �{tr4�}oD '3030 33x 0 ' Qn 9a3 31A30= j � ,' iN S 3 HX 30 = Y Ji DIAGRAM I - 99ty fid' fad P .2 /9co 46' gm gc ` HOMOGENEOUS AREAE �¢6 SSCHOOL�. t /r 7�1 PAGE OP INSPECTORS�� P`NP TYPE DESCRIPTION LOCATION SAMPLE S0. FT. 3? 301 f YOfl�� I I I �c +i ja �+ y DIAGRAM 11 (i70T1' JVorp` � P�` fV z G O 1 ^G 1 60 1 CO I G^._7' w v v �a v v sa v •.• •.o v v b= �b 5 r ito m? V ob L 77 T b nd C C M G N ,^. b .✓ _ .L -' C D v 'i7 'L" t ] G N Z «, Li o i E j P G _ �:I I n2 Y rta F. m a E m 3 V 4 z 2 J 1. W Y~ W z �E -21- E 111-4 HOMOGENEOU$ AREA SKETCHES • E _p2_ . Friable Material Assessment Categories S. -Wory-AjU13-M lit 1 Damaged or significantly damaged friable thermal system insulation. 2 Damaged friable surfacing ACM. 3 Significantly damaged friable surfacing ACM. A Damaged or significantly damaged friable miscellanous ACM. 5 ACBM with potential for significant damage. 4 ACBM with potential for damage. 7 Any remaining triable ACBM or friable suspected ACEM. EL REPORT TITLE: Winnetka REPORT PRGE NO.: 23 HOMOGENEOUS RRER SKETCH DArE: L—jQ-1 1982 PROVIDE THE SIZE Or j$ Wi nnetka ( TH£ HR£R ISO. PT, LN. FT, OR f Of ITEMS I0. ( --. s D .ft. � ��'` � Sq i HA -1 U b 5141RE nontl XnCPJ4 nwT RIAL All Floor Tile qA-1 Miscellaneous Material Friable Material Category w N/A Material Assessor Data: refer to page 1. = Areas containing floor tile. i 0 REPORT TITLE: Winnetka REPORT PRO£, NO.: 24 I HOMOGENEOUS FIRER SKETCH ORTE: w_.1.0-1 1986 oocV ml wn1ER DV��ifin, RUNar ant M.Ya PRTHE SIZE OF IS uinnetka THE RER ER ({SS0. FT. ELN. FT. OR ♦ OF ITEMS 52.000 sq.ft. l 2 I HA -2 OC xw NtlN CEttEGVS +.aTCRAR4 All ieilina Tile HA -2 MiGfallanPrug Material _ Friable Material Category= NJA Material Assessor Data: refer to page 1. �v t ys = Areas containing ceiling tile. 0 r REPORT TITLE: Winnetka REPORT PRGE NO.: 25 HOMOGENEOUS RRER SKETCH 18 1 iilnnetka SMM 1• M1F�aiL,li MNM •Y NM M.wY d DATE: 0-1 , 1985 OROVIOE THE SIZE OF THE PREP (S0. FT., LN. rT, OR a pC ITEMS ^-Bfln ft. Lagging S)n I n 1=itt inns Thermal Insulation HA -3 Friable Material Category - Material Assessor Data: refer to page 1. Areas containing Thermal Insulation. tl (- i I III -5 BULK SAMPLE ANALYSIS Note: Sample locations were determined using EPA -suggested Random Number Charts. tl i P bl*orat0ries, rc Mr. Dale Hamilton PACE Sample Number: Par� Chrysotile Asbestos offices: REPORT OF LABORATORY ANALYSIS Minneapolis, Minnesota Tamps. FiMlda 27- corawille. Iowa MDL Method Detection Limit August 19, 1988 PACE Project Number: 880805520 276760 276770 276780 Llni.ts _.HDL_ k1..5.._ _ H--2 N -i % 8y wt, 1 40-50 30-40 3-5 I i1710 00u9laa Once Nwth = Minneapolis. MN 55422 c Phone (6:2) 5445543 an a 111 onoc�u") emp.oie, i IMr, Date Hamilton I PACE Sample Number: Parameter Amoslte Asbestos Chrysotile Asbestos offices REPORT OF LABORATORY ANALYSIS Mmnespons. mmneaoza Tampa, fion0a Coralvrle, Iowa -2a- August 19, 1988 PACE Project Number: 880805520 IMDI. Method Detection Limit a 276790 276800 276820 IIn i ie MIN M -d W-5 ¢=, 8y wt. 1 10-20 - - ri 8y wt. 1 10-20 5-10 1-3 There were no asbestos fibers detected at or above 1% in your sample Identified as W-6 and recorded as PAC: #276810. 17+0 Douglas Drive North -- Minneapolis. MN 55622 c Phone (612) 544.5543 an 1.7"1" npppnlmq Pv V:oyC' MlabOiies, n Mr. Dale Hamilton REPORT OF LABORATORY ANALYSIS -29— August 14, 1438 PACE Project Humber Vmaes Minnea po;i S. Mmnesola Tampa. Florida Corahnlie, !owls 380805520 The data contained 16 this report were obtained using EPA or other approved methodologies. Sulk asbestos was analyzed according to the EPA provisional light microscopy method. All analyses were performed by me or under my direct supervision. Rae Vigeant Microscopist Thomas t. Halverson) Inorganic Chemistry Manager Note: PACE Laboratories, Inc. participates in the U,S. Environmental Protection Agency's bull, asbestos sample quality assurance prooram. 1710 Douglas Drive North ' Minneapolis. PAN 55422 Phone 1812) 5445547 a: eo." ocion_..:." . o,e Tecl^nclogy Today ... .. for a Safer 3omcr �v, 4 L LJ ,HEP -A Three Year Reinspection WINNETKA EUEMENTARY November 27, 1991 Prepared for Independent School District 279 Education Service Center 11200 93rd Avenue North Maple Grove, Minnesota 55364 Prepared by y. 9WM Techncloyies 302 Second Street South Stillwater, Minnesota 55032 F, �i Client: Osseo Public School District #2^9 I Prclect: Three Year Reinspection Report H`�dN TECHNOLOGIES. INC. 342 Second Street South Stillwater, Minnesota 58082 (812)4$9.2406 Page. 1 of 1 Date: November 27, 1991 SIGN OFF The environmental services performed by HWM's inspectors, analysts, and management planners for this project have been conducted in a manner consistent with the degree of care and technical skill I appropriately exercised by environmental professionals currently practicing in this area under similar budget and time constraints. 'Phis work has been performed in accordance with the rules of the Asbestos Hazard Emergency Response Art. Recommendations contained in this report represent our professional judgement at the time the project was performed. Any questions regarding the field work, sample resdts, and presented findings should be directed to HWM Technologies, Inc. Brian Blest Asbestos Services Manager AHERA Management Plaw Certification Number { 9YM T£CONOiAG =ES, INC. 502 Sm -t.1 Seconc Street Sa 1lNste r, :9+ 55082 46:21139-2.01 C-PJPr: O.eec FCUiie School 614 `. eat 6219 PRW'fcCi': TbL.. :'ear Ra-:aa>nct ion Rapp:'_ 1.0031Tr0N: Niaa<c ke Sirmeneary LOCATION MATERIAL OGLf0)PT:ON RfIOVN'r mz2 R2NCv1 NOTES AA5'NG PRIORI= Poi ;aL Aom Pvl-) 8p31eL )OO SF 3 5 cotd Cand:tx On. . ,.au.atian Ppxantl al .or N.tet and apre«. a�a eau e 0oiisr Rotin G-) Tank )6O 8T ) 5 Good .nndition. Iaea:at3cn Pot ent lei for ..tnt and xbraa'pn d.. 9, eo ilaz Rom RA -3 Pip. ):0 tY I 5 Oaad cnndit wn. :naU /aLi pn 2T P:5 PGt.nt:al :Or ..lar and abrasion dame a. Shbp Roam U-) pipe 91 FTIS } 6 Cb cpndicibn. : aeulaU an Cpntinoa O&M in ram. Air Randlinq Raba HA-] pipe 46 MI 2 b Lox' epndi:Part. I... lateen Continua olm pibgrm. Op.Lai:. 3.yo, EA -3 PSpa :2 P"5 6 2 Aanpve. RGn t>caIl Nexx :b SnatS:Rt30tt Re apes :a.1 act L.n INE -2. Jan: mr C'out ' . a Giza RA-) ' PSpa 50 .:P } 6 Cootl C..dt en. B,'r. C!n Nazt T. anap Ltibv a FTS Cbf tl nue Gin p: Cq zaL. XVtuh.n Stora qs MA -1 Pipe 1 P'-5 3 fi Goad egad scion. III anc;ei:On Conti ndn OCM Pxeg.-aa. Cutcd:.: Ot Iice M -J e• -r+ 20 :3 } 6 Cood Ccndlt:On. Cnnuleti an d ?T5 Ccnt i.^.un CPA ra?tan. Al; Fust PIOOr AA -0 Piper I 220 :.P } 5 Good cold it xon- Ciaea:4g0e :n,"at-pn f 51 +TS 1•ant3 aua CiH Sa Pram. Tonna'_a NA -J Pipn i 5 3 Resbva any ieP i.ae ? dameged .nauie.iacfittenga near pn::ar row. Re. onn. a ::oc iNE-1 Gtrin' Peet7. MA -I Pipe :o PTS ? e G:nfd ponaiY:on. Inatal et iOn Cbn-jntl. OIM r r.. Thrdaghout 3ciiding RA«2 Cei:'_ng T-1. 52,0005F I Gocfl condition. TArcughout Sui:ding SA-; Pi aor Ti.. 50,OCC SF 1 I di cnt:cn. Goad cn t-. NOn-(Yl.b Arb:evia:iote: LI Lin.ar Pot it . SS+eia ?ere. FIS . F:pe F-.._oy DtA Pact:^ t R.,, Location W7E-1 Winnetka Elementary Tunnel 20' from Boiler Room WE -2 Wmnetka Elementary Boys Lavatory 2nd Floor Closet RESPONSE ACTION REPORT July 24, 1991 Osseo Public Schools Osseo Minnesota Material Description 4" Pipe Fitting Insulation Remove and replace $' Pipe flitting Insulation Remove or apply PVC jacket 4 4 40 4 4 4 4 ■ VVE- I Wii-metka Tunnel 20' from Boiler Room P, E. I sva,cry 2nd door Closet I 1 d x O 11 Y d N I 1 I d ?) n - l 4 --I i n y J d ?) 4 t' _ <Lj LJ O; 04 ui ti !J, fir'• ? �: � V �• � y � '_a• al/ v V` � aL � � yj i -vlf y r 7 od 71 a 1 7y .Y 51 6 MInN xx49b :60 C4,04, Sznm1 S�. PiLl, A4.M1C5.'tti 55101 yGare: October 5 1990 IATo Vhom it May Concern: IdPlease be advised by this offici.ai communication that the folloving named BRIAN PAUL BLEST ofhas successfully completed the :raining requirements to be accredited as MANAGEME.FT_ PIANNEt. MP-8011 for the purpose of conducting asbestos related work in eiementa.y and secondary schools in Minnesota. Expiration Date of L:'cense: JUNE 3.0 1991 The State of '!innesora grants :ne accrecited status noted above on the bas=s of training vhica complies with the requirements of Environmental Prorect:an Agency (EPS) programs mandated under the asbestos Bazard Emergency Response Act (ATMA ) of 1986. INThe certification awarded :his dare in the name of the Commissioner of Education. State of Minnesota. Ker-- M :.eider. .Administrator :_:h , Saferry and _'.:sr- "gut. Im k� z F- Lij c� �� r LU Au c t- Z 1=; { T44uj � N- HWM TECHNOLOGIES, INC. 3C2 SECOND STREET SOUTH • STILL4VATEP.. KIN 65092 • PH. �. i6:2} 43S-2406 * FAX (612) 4393321 SITE CHARACTERIZATION AND ASBESTOS INDUSTRIAL HYGIENE CONTAMINATION SOURCE EVALUATION,55_S''^S� ■ Unoerc�oin.- S:oiace Tans-, ■ E •.'4�781�0': "1J�anaas n'en1 'i,�u•tl Su.•reye Soi� anri GrounU-wa;rr Remediation ■ .. ,<. tonng ■ rterteo�aron ,9ve=' ga;on raasoi;itr StUf1iR_= az anc C. ■ ■ .-_�atcry Cornc!:znce ._��. AUDITS ASSESSMENTS ■ AIR QUALITY ■ GO IsIL PRINTED WITH SOYINK m BRAUN Bo nlnfc ec Co po afipn INTERTEC l I - August 25, 2009 Project BL -09-02136 Mr. James Gerber Independent School District 281 Education Service Center 4148 Winnetka Avenue North New Hope, MN 55427 Re: AHERA Re -inspection Report and Management Plan Update Winnetka Learning Center Dear Mr. Gerber The enclosed report summarizes the results of the Three -Year AHERA Re -inspection conducted on August 5, 2009 at the Winnetka Learning Center located at 7940 55th Avenue North in New Hope, Minnesota. Braun Intertec was authorized to provide an AHERA re -inspection in accordance with our Proposal BL -09-02136 dated May 27, 2009. The following provides the structure of the report, • Observations and recommendations • Table 1, which is a room -by -room listing of asbestos-containingbuilding material (ACBM), along with current condition, quantity and hazard category Floor pians indicating the location of ACBM Updates to the original 1988 Management planner recommendations from Twin City Testing Corporation Asbestos building inspector and management planner certification This report is issued under the terms of our General Conditions (6/15/06) and Section 763.85 of 40 CFR 763, Asbestos-Conraining Materials in Schools Final Rule" dated October 30, 1987. If you have any questions or need further assistance, please call Jerry Wallerius at 952.995.2478. Sincerely, BRAUN INTERTEC CORPORATION Gerald J. Wallerius Project Scientist -2- 5) -. Gregg D. Kruse Associate Principal Attachment: AHERA Re -inspection Report AHERA -- W mnetka seaming Ccnter AHERA Re -inspection Report Winnetka Lea; ping Center 7940 55th Avenue North New dope, Minnesota Prepored for Independent School District 281 P�c]CL' 5L -Q9 -0_,13U Augast 25, 2005 Braun InterteC Corporation Independent School District 281 Project BL -09-02136 August 25, 2009 Page 2 Management Pian Update This includes an overview of the original management plan and any additions/deletions to the management plan. Asbestos Building Inspector and Management Planner Certification I, the undersigned, do hereby certify that I an an accredited Asbestos Building Inspector in the state of Minnesota. A photocopy of my current asbestos inspector certificate is attached to this section. Signature' " P & /a Date: L 1�� John Hauschil Environmental Technician 0( -2 -&fn ? 1, the undersigned, do hereby certify that I am an accredited Asbestos Management Planner in the state of Minnesota. A photocopy of my current Management Planner certificate is attached to this section, Signature: / V� Date:_ Gerald Wailerius Project Scientist A.a E FA— VXnn Atka Learnlog Canler BRAUN INTERTEC Table 1 Project SL -09-02136 Page 2 - AHERts Ref. Homogeneous RlateW material Hazard � Eriima?ed No, Functional Sp. ate- Descriptro _-�n A, Condition'- Category'` Quantitylucits Vi 30 health Servka Soedalist's 1" Dire ulc"a whu e ti ,u=s G 6 Office 6 2flirgs 37 Health Service Specialist's i"-8`; .... c .:+e G Office fibrous G 6 — 2Sft 38 Roo— 1:17 1 -V.F 39 -- - Room 10y , , r 6 5 Etttrrgs fibrous _.__ ..-......-. G _.__... __ 6 25 It 8' i' r .. _ i 41 Room 106 . 1 -8'-p ae-fitt - . ., G 6 fittings fibrous 42 Room 105 1"-8" pipe iiisulat cn, whre b.c .s G 6 25 ft 43 t ROOM 105 '1, pioe-fIIting insulation c 5 `ttings fib'cus 44 Room105 9"x?" tan `, lacer T'c and mastic" G 5 900 ftz .._.___ 45 Room 104 1"-$"p e G 6 25 It 46 ROom 104 1"-8" P1,- s __ ) 'e G 6 fittings fibrous 47 Room 104 9"ri9"tan floor file ar.d mastic" G 5 900@- ' 48 Room 1031"-8" pipe ins,.atlon, white fibrcus G 6 25 ft 49 Room 103 — ". 8" pipe-firbiig in..ulat on on white G 6 5 fittings fibrous .._ S0 Room 102 1" - 8" pipe inaaiaho-, xh is, fibrous G 6 31 51 Room 1G2 1"-8" pipe-fhting insulation on white G 6 7fit`ings {fibrous 52 Room 102 9"X9" tan floor tile and rrastic" G 5 1,4'0 ft' .53Rc m 131 1 8' pile in ulabon, wh,te fibrous G 6 45 ft 54 in 101 1' 8'pin fit'1)a insulab�- or.wbae G 6 7rittings ul:. 'us �5 55 c 101 _ 9'x°"t_n t10o file an ies�ic" _ G v 1440 It' 0 hologist`s room ' - sroom 1 t'r; per •on, wYr efibs .: r';n,IS i 6 I 6 35 ft 5fittings 57 53 I ,-:r0on!pipeshase--����-G—� "., • , . , 6 21 fittings n su ated r ae _ 59 buy's bathroom 7ipe chase _ "- 8" p F fit5ng msu at vn C. tike Z G 6 48 fittings � CUStnd'al C CSef )su,at-d pipC i 60 Bc y's bathroom. pipe chase T' - 8" pipe and fitting lnsulatson, wlnte G 6 22. R fibrous 3 fi , ngps g—'-- Tunnels -n s 6 mergiass suiAlee Pil) -k 62 t+3 Kitchen cd refit rif alt PU.,I r 9" r 3" ,n tino ili..: a -. + ti_ d.. 9' tar(I) a � t 'w i 5 - 1 - u Y,' fi �! C r Room -. Store rc n 9-x9'ta r We ars' - 5'x9"tis 1 t'�,a '1 S 2t,0 65 oa Speech:u�r„/P.c...n _aG Siaff wurki o. - Rin 1^ ., x 9'" a tlGc' YVe and rca tic' G_ _ 5' ft` p 67 Teachers lounge/ Room 8 9, n 9” to f of file a )J BRAUN INTERTEC y BRAUN 1NTERTEC Table I, AHERA Re -Inspection Survey Results Client: Independent School District 281 Location: Winnetka Learning Center } Date of inspection: August 5, 2009 0 Project No. 8L-09-02136 Ref -Homogeneous No. Functional Space b.riai Mat,;r di Descri�iitan conl t,on' AHERA Hazard egcryr : Estimated l Quantity/Units ._ Hca First Floor 1 Boiler Room _ Boiler and breeching insulation, .. �— Boiler #1 & #2 6 720 ft` 3 Boiler Room 12" pipe Insulation, white fibrous G 6 Soft 4 Boiler Room 12"pipe•iitting insulation on white fibrous G 6 15 frctings 5 Boiler Room 1".8"pipe-fitting insulation on fiberglass- G insulated pipe 6 33 fittings 7 Custodial office 1" - 8" pipe -fitting insulation onf bereass- G insulated pipe 6 4 fittings 8 Kitchen storage room 1"-8" pipe insulation, white fibrous G 6 50ft 9 Kitchen storage room 1" - a" pipe -filling insulation on white G fibrous ~ 6 9 fittings 10 Room 119 1"-8" pipe insulation, w, ".Re fibrous G 6 i 25ft 11 Room 119 V - 8" pipe -fitting insulation on white G fibrous 6 5 fittings 12 Room 119 9" x 9"tan floor tile and mastic' G 5 goo ft' 13 Room 118 1"-8" pipe insulation, white fibrous G 6 25 ft 14 Room 118 V - 8" pipe -fitting insulaticn on white G fibrous 6 i 5 fittings 14 Room 118 9"x9" tan floor tile and mastic' G 5 952 ft' 16 Room 117 1"-8" pipe insulation, white fibrous G n 25 ft 17 Room 117 1"-8"pipe-fliting insulation on fiber glass- G insulated pipe 6 5"Ings 18 Room 117 9" x 9" tan floor tile and mastic" G 5 896 ft 19 Room 116 1" -8" pipe insulation, white fibrous G 6 _ 25 It 20 Room 116 P' - 8" pipe -fitting insulation on fiberglass- G insulated pipe 6 5 fittings 21 Room 116 9"x9" tan floor tile and mastic' G 5 900 f1' 22 Room 114 1" - 8" pipe and fitting insulation, white G fibrous 6 28 ft 5 fittings 23 Room 114 9" x 9" tan floor toe and mastic ° G 5 85 ft' i4 Psychologist's room I' -8" pipe insulation, white fibrous G 635f; Psyckclogist's roo:r 1" 8" pipe fitting insulation on white G fibrous 6 5 finings 26 Roo^113 9"x9" tan floor ile and mastic" G 5 85h' I 27 Man office 8" pipe insulation., white fibrous G 6 15 it. 23 Iv am o&ce ' � _..-Cp i.' ' a" i e-fi;nng insula i,non white � G fib:-ous .-. _.._ 6 -- ;flit-rgs s 21 Main office 9" x 9" :an floor til=_ pad masts' G 5 --__ 950 k' 3'J ":oi se afhce S" x 9" tan Floor rile znd mar,:c G 5 164 ft' 2.1 Resowr et cool 9" x 9" tan floor file and mastic" G 5 160 ft` 32 conference r..c:r. 9" x9" tan floor tile and mastic' G 5 240 h" 33 Principal's office P' - a" pipe io;ulation, white fibrous G 6 aft 34 Principal', office 1"-8"p• -" . ., .,:l,ion on white G fibrous 6 3fittings 35 Printioal's office 9"x9"tan fioct ulc snd :haste' G 5 160ft' Table 1 Project RL -09-02136 Page 3 .–•• ®— kef. omo6eneous Material MaterialazaEstimatedNo. :AME Functiona�SpaCP Condition Cegory, Quantity/Units Floor t.S^second 58 Ears second flop E 16 fitting-, bathroom pipe chase imulct-af - 7G Room 201 9' x _,. t 'r G 5 .._ $46 ft' 71 Roo:n 202 9, , : G 5 9068 G 5 goo ft' 72 Room 263 c r t 1 73 Room 204 5 840 ft' ra R orn205 c t ° r .c' G 5 906 fL; '• _ A om'.06 r t. j paste* G s 240 ft` 7 ! 9' s� ;.'� t e,., mast,c G 5 1,2aU ft 9"x9 tan fio,t "J nastc G 5 £5 ft` .�_- --- 9"x9"tanfloo. ,: ,.;.l mastic' G 5 990 ft � G 5 SOU ft' _`t r � 9"x9"�nfrot�t a.i mast's`_ o"x9"tan fbo,t -:a d .mastic' G 5 90(1 h` --n24 9"x9"tanfloortlleanu mastic G 5 900 h' 57. I',�orn 215 5"x9"tan (icor il!e and mastic" G 5 2,020 rtz -~ 33 Room 215 9.,x9"tan floc -r t' -and mastic' G 5 400 ttz 35 Room 217 9"x9"tan floor: _:nd mastic" G 5 z 1,.70 ft SS Maslc Ream -Room 218 9"x9"tan flocs olid mastic" G 5 1,320 ft, 11" c6 Msdla office - Room 210 9"x9" tan flocrt'_= and mastic* G 5 ft, 8;' Media Center - Room 208 9" x 9" tan Poor tle and mastic' G 5 1,746 it SS _ All Areas Sink Undercoating - Black - G 5 Not Quantified £9 All Areas DUiY expansion joint doth G S NOL Qua ntitied t r Igor the is located under carpeting. -. Condition of ACM: G = Good LD = Ught Damage D = Damaged <_o=Significant Damage 2. Hazard Category 1. Damaged or significantly damaged frizb�e thermal system asbestos -containing insulation. 2, Damaged friable asbestos-contai, ing surracing material. 3. Significantly damaged triable asbestos-coma;nmgsurfazing material. a. Damaged or sgrii5canty damaged friable a sbestas-centainmg miscellaneous mPmrial. 5- Non-triaule ABM wIrn pctenC,ai for eamage. 6. Non#riaole ACBM ;potentia: for s',gnifcant damage. 7. P v renafning friahte AC61`: or viable supe t AC9'2I. I Wlnne[k;-!tc�eir;g Cents BRAUN INTERTEC Floor Plans J Thermal System Insulation 72 of 00 - 0 Lu ACM Floor Tile and Black Mastic 4 W OF Or --i/'- Y000, c Lww 1 %7 6 —� q C U) j} d� c b /r— J UJ 4 c lV �- C3 r` %7 I Management Planner Update Response Actions Based on Hazard Rankings lazard-�-RemovalAHERA Re Ac esponstsons Rank ._ ........ Priority Categories -_— Required by.AHERA 7 1 Significantly Evacuate or isolate the area if Damaged needed. Remove the ACBM for enclose or encapsulate if sufficient to contain fibers}. Repair of thermal system insulation is allowed if feasible and sate_ O&M required for all friable ACBM. _. _-_ � _ ( Damag-;d w/ _ _ ..--- j Evacuata_--_ or 'isolatearea- if Potential for 1 needed. Remove, enclose, Significant encapsulate, or repair to correct damage. damage. Take steps to reduce potential for disturbance. O&M required for all friabVe ACBM. 3 1Damaged wt Remove, enclose, encapsulate, or Potential for repair to correct damage- O&M Damage I required for all friable ACBM. q w --j Damaged Same as hazard rank 5. --- - 3 � 5 Potential for Evacuate or isolate the area it Significant needed. Take steps to reduce Damage potential for disturl �r-'e. O&M equued for all fn i- 3 e.CBM -- --1-- _ -- ---- { Potent aI 3 � 3 ` ab1e M. for Damao .�--.� ..._..-r. ....— -_ -._... -------- I 7 No Pfa aii,friable ACBM, out measurer need not be as extensive as above Note' AHERA does not account for combinations of current and potential damage ire_ hazard ranks *5 and 611), The response 'actions shown are combinations of Ihnse required for each condition, Asbestos Building Inspector and Management Planner Certifications <oil a) X uj ZZ 24 it v OtOZ;jj,!Zo :sajidyg 30 44 1 ASBESTOS MANAGEMENT CenseC e,y. PLANNER Sate of (vtinneso:e D�yartn�crit of Health Expires: 0910912009 Gerald J Wallenou 3010 GarWnd Ln N Plynmum, MN 55447 Director Fro_ Heafth D:r!,X *A%305 Issued tkt'15+'�Ck _.a.1apN' _T2ble`27: TndependentSct�ooT'I)isfricf28i INTERTEC Six -Month Asbestos Periodic Surveillance Report Return Completed Form io Asberros Program Manager Date: 6-6 ` f R Building Name: Winnetka Elementary School Building Location: ..___ '940 55th Avenue North; New Hon_ ,_Minnesota 55425 Material I.$DfnO Cnoditinn* Potential Functional Space CneouS tYfAterial �a3C(apnon I damage"* NotesFirst YMC Cltt, Floor I -- � �.n•vrw 3G -y fr dC•rl- Boil,rRonm Boiler insulation, Boiia iii Apt G r@"n J:1•r }� q.fY• FO Railer Room 10'x 5' watertankinsvfazion — I Ye+yewed' 6 - Y -•8` P.00m whiwfibrousGlVcy0Room 12" pipe -firing isu!a:or or. whiteC:fibrousoom 1' - S' prpc-9tdrg insulationfiber lass -insulated 'fie & !' S L?oam Incinerator - irrsior asbestos lining Gbetw---. the brick aid the steelial mine, k119 1`- 8" pipe -Sting insulation on i G ipe P4 y- I t�P s D storage room V - 8° pipe insuaiion, while fibrous G storage room 1" - F" pipo-5tting buulatian on whimfibrous 19 -�� I"- 8" pipc insulation, whist fibraus (. G19.._. I"- S' pipe -fitting irauiation oil Wilke G j fibrous Room 119 _ _ 9" x 9" tan floor die grid mastic* Room I i 8 1' - 8" pita insulation, white fiarnus : Room I I S 1"- S" pipe -fining insulation on w-:nte I G p ----_--- -- fibrous C7 J $ RoomilS 9"x9" tan floor die znd mastic* G jp •i Room 117 I." - S" prtx insuiadon, white flbmus i G Roorn 117 t" - 8" pipe -fitting insula: on on ni+ergias�-u'sular.dpipe �i 61 s�"J + Roam 117 9" x� 9" tan `uour til: zna rnzsdc• G� i G F17 Room 11GS' pixinsulation, whi'.t fibrous G �— nAS (i —..-.-._.....----- q Room 1 ; 6 1"- 8" pip, -fitting insulation. or,'��-- j fik>a'ylas_s-bsutated pipe ---- R- n ... ' l 9 x 9" "tan floor til. and r, Iic' rj C� C, p ipe and £ndrg ns.r anon. wnxt RTnr^_I� 9�tar,l�c and p rp w-hc lets , rom E pipc P.i. 3 in -t. z.:or oil w Fibrous r+n r. I _ T C Nair. i z y a ti;: a n i r R 3 C'j P O office I - little i suatian w it °brows 4';.in rfl_e ^.. 8'pipo-.rmng insci'.1or-or, uh ! :i ( � ,7 : Fibrous ' G ( t-' 5 0 Main offi,:c t9;" x 9" in floor tile ayi�� '1u t office "x 9"tan floor ole an numic�esourccs room x 9" ran floor rile and rras:ic�.l _ I PD Table -U—Siz•Vlonth Asbestos Periodic Surveillance -Repo, ----- " Vr'itmetka P.letnevary School Prot No. BL -06-02813A Page 2 i=o Material Condition- Potential Functional Space Einvaugencous Material Desarj tp ion Damage•' Nates PMC CMC Confer. easece room 9" x 9' ran floor tile and she j G G Principal's oflix 1" - 8' pipe rreat;aeon, white. . us G Principal's office. I" - 8" pipe -fitting insulation on white r fibrous 1 Pfficiraal s o"l t 91 x 9' tan floor tilt and mastic- G - G P U { _ Health Semi t Spa.:ia]isTs I- - 8* pipe ie'u!anon, white fib.ots G G_ PSO {Y.fiae I health Sraice Specialist's i' - R" pipe -fining insulation on white 1 G G p>Y D f Office 1 fibrous _ _ Roorn 10; 11- 8" pipe insulation, white fibrous ! G Room. 07 1"- 8" pipe -fining insulation on white G irys h SLmus Room 105 3"- 8' pias insulation, white fi'orous G G PS12 Room 105 _ I' - 8' pi—e Btlhlg insulator nn white G ! P Amus ! Room,105 j I' - &' pix insulation, white 8h±nus—�- Room 105 I 1+.- E" pipe-fttdng ir'iation on white G n p fitiraus P50 Room 104 9' x 9` tan Poor tilt and mastic' G Li D Room 106 I' - 8" pipe insulation, White fibrous Room 106 J--8113 ip.-fit¢ng insulation on white G Room 104 9'.z 9" tan floor rile and nasbc' G rr"j Room 103 ' 1' - 8' pipe insulation, white fibrous G Iasi) i Room 103 �— 1-'- go pipt-fit'utg.-tsulaton on whine G U 5, TircLs Room 102 1 `- 8" pipe insulation, white fibrous G S A - Room 102 1"- 8" pipe -fitting insulation on white G G s fibrous __ Room 102 9' x 9` ran floor file and nmsdc'G t"y IDS Room 101 !•.- 8"pipe insulation, white Abrous _.. C P5D Fo n101 1--6"pipe-fitting insulation onwhiie ( G tl�p fibrous _ _7 Room 102 9' x 9" tan floor tile anal mastic' i G Go Pa>>ho agts's room pth.. msulanon x3nte fibrous G j G P5 + i�I r G Fs7o I G / rj S D i Boy s b !hnaom pipe chst or. & custodia! lose' :Oc. ..o insalare'1 p e V t- 9nssbatnmom rnjx as I' - F pipe and Rine it vlti :, 1i flS� & wood ; close w1pL .torous . :Lnrt!s - !' • !b oipc f^^.a rc th _ +ion o- , G P S �` of— f—C, C, Cafetc- s Multi Fu. -pc 19' x 9 an floor tale and nmsu; I :; Room +. - Store r7 m 9"X 9 a.+ boor t1it and mastic' 1 G _ Speech :oarn'Room 110 1 9"19 tan Cwrt:le and mash-' ^ G G-- tj ji Staff wori.roolN Froom 1 ti3 1 991 ,an floor cite and mastic" ` i=o Table 17. Six -Month Wmae"tTca-ETcttieatary -� Project No. BL -Du -02E Page 3 Periedie Surveillance Functional Spice Homogeneous Material Description Condlrion* P1*1C CMC I Potential Dame e•* Notes T,Wze s lounge: Room 108 9' x 9" tan floor tilt and mastic* C G P v Second Floor Boys second floor bathroom pi pe chase I*.- s" Pip. -£(tics insulation on us -insulated Grt h' � Girrs second Hoo: bathroom chase ; I' - 8' Piro -fitting insulation onK fflwglass-insulaied Di G C;P3 r"e n an 3 g - �6 oom20t Poore", 4' x 9" tan floor nle and mwstia• GP v Room 202 9tx 9" ten flonrtik acrd mastic• G G p Room 203 4";x 9" tan Dtwr tine and ttWsde• GG I P jf Room 204 9'x 9" tan floor the and mastic* G a j O PO Room 205 - 9' x 9' on flow tile and mastic* G lop Room 206 9'.x 9" tact floor, tilt and uratic G Room 207 9'x 9" tan floor the and mastic Room 2D9B 9'x 9" tan Door tilt and mastic* G p Room 211 9* x 9" tan Door file and mutic* G G, F (� Room 212 9* x 9* tan floor tilt and wastic• 1 G G P 0 Room 213 9'.x 9' tan floor rile and mastic* G rj Ej Room 214 9•x 9" tan floor file and mastic* G Romn215 9* X 9" tan £oor tile and mastic* G fI Room 216 9" k 9" tan floor nit and mastic* G P Room217 1 9"x 9'tan floartilt And masdc* —9')t G 0 Music Room - Room 218 9" tan floor file and manic' G e;"j f Mafia ot5ce - Room 210 9* x 9" ten Door file and mastic* j G Media Center - Rnom20fS 9" x 9" tar; Door tilt and ma�it* G ("j P d A11Amas Sink Undemosting-Black G P ja Ali Areas Dutt expansionjoint cloth I G r11 Signature o: Person Completing Report &V L°uST. Titre of Person Completing Repom high nsl Condtaon Catermes. •" 1'otc.!tia) Darneae Cateapria * PMC= Previous Material Condition NPD -No Potential Damage CMC= Current Material Condition PD-Pottntiai Damage G-Gooi'No Damage PSD =Polrntizt Signiticaat Damage D Damege - SD = Signiricant Damage BL -G6 -02S 13 A Tab;t 17 - Winans C 2 U N Table 1'7. Independent School District 281 INITERTEC Six: -Month Asbestos Periodic Surveillance Report .Rcfurn Ccmp:eied Form to Asbestos Rrogram kfarxger ;.)etc:' - Dui icing Nenix: FVinaetkn Elemenxary School B::il:lirg Lo: atiu-,: �— �.. 7950 _55 ver \oY1:_7SSC_ro eMi�:n�,s e 55-02 - ._....._...__._. - A3atenal j ( iran• Potentia! (; Foneliual Space 1_ nom tneoua Materia; Description [-714C - ['K(' Uemngc^ 1 Nota : M Ftrat Floor i.rwpr zG-Y S Ae i. RooHailer 3oua i uz:Ls i.'ta 90 le #1 1+2 G ✓— ^-.8 m �.1a - -SY. O 90 noun IC x um :task isuln,ian ._,{'i._.,.--�--� (-i�U Ye+�n. i.I' n - 4 Wig' er Roam p p irsaln5o s+nnt 5b: ous G p _ s n Aoiier Rxm ~Haiir. 1 !2' pi Lt.^b 5btz 1-- G Koom �?ki :^n �Vr.1tr, pe i F -, .Ii[un fib«Kiaaa-inauiatod pipe n `)..26 LT:A Room Inrinc-aav-inte+er as>cabs liars G I Rr me✓r •07 brweec the b ck atw fft so Cit-ttadia! OMt 1". 6" pirz-fialmC is lanm. bn & fess -hoot 'a.ed PfPC y 5 G rjizhtn Y.orage room 1" - 6' pipe inmlEnan wb,; 5brous Y Fatohm mmee :oo:n I l 6 pipo-fitnn� mnla�ism an wk.ita� G FS ;F�_ k,.:n 119 nrrcu^� S pim imulE o_ wh;lt i:C^J:IS ! J IJ nG P S 0 _... __.__._..—... S grip 5mr.5 insufatwn br w'.a.e G Roam 1:9 e• x 9" tea floor file and mastic. G Roma 118 Spm roue iur, wane 5brous Roan ! 18 1 6 prye-fitdnf It a lu'.im an e4: tc ntt oux Gl J 5 P Rom^ 11E 91 x 9' ow, floe; a: am, uaatie• G 111 P j% Roar: ! I % R.bb � ' t + � � 8` prpa asula7or w:2it :ibrow i' - S" prpo5rug ausysation on fi�,hsulats. plot G G J� �_ Ra,m 1 1 r 9' x 9" = floo• bit. En naso. i; [„ P t'J Room 1 L _ . iF" pipe inulaior Whitt iiMo s T—G ' (j fJ 5 p - _._ Rocas 16 , 1, - 8 TPe-5itinF insutstiar. on ( G ^hcg:ea4'mS.11EitU� pie t _ t •Sl �-,x, k' .,). A..: Y11 a'a:,pro mp .. �. X to, r � � �J 1 S Xt,f8 *:Lal. i n J f f Table 17. Six -Month Asbestos Periodic Survcitlance Report Winnetka Elementary School project No. BL -06-02913A Fag- 2 Material -- - Fancticnal9 ace Hoa eaaous h: atmial Daattl tion Condidun' Potential j Damage- Nota I pMC CMC Confcrmuc room 9' x 9'tat. toor tilt and nmstic I G ("j I PD Principal4 o2rx t"' 8' pipe inculatia, whix fbtous G G PSD __� i'�tpal `- of cc Pipe -fitting insulatior. on whiz r Principal's oR1c 4" x 9' tan floor' the andttaseic* G [a ----'--'?' Heave Service Specislir,'s Office I'- 8" pipe inndatio , white 56rous 1 G G �p rs L07 Heals Service Specialist's I' - 8" pipo-fining ineulsoon on white G �t Office fibrous �7 PS 0 +room 107 1'- 8" pipe mulenim, white fibrous i G [p Room 107 pipe fitting tandaooh on white O fibro $ PD Aoom lOti I"- 8" pipe insuktio, white SbmIX _ _G ! S Q_ Room I06 I" - 8' pipe-Sttutg insulation on white G fibrous $ Room 105 1 1"-8" pipe msulatinn, white fihrous G VI P S D Room 105 1 • - 8" pipe -fining msuWion on white G fibrous iv R50 Room 105 _ 9" x 9'tan floor ak and mastic• G P D Room 104 3 • - B' pipe irwiaiio, wltfie filmws G G P S jo Room 104 1' - 8' pipe Sang inst�iation on white G Ps D Corms G Room I OC 9" x 9" tan floor tlt and mastic' U' Room iw 1'- 8"pips insulation, widtc fibrous G C" S Room 103 i' - S.pipe_fitong insukvon an wItitt G -9._1_ fib G : Room 102 1"- 8' pips insulaooq whits Lbrnis G {„7 _--- Room 102 - I' - 8° pipa-fitang inaulaoon on white G p .. _ 8brom 1 Room 102 9' x 9` to floor ole and mastics G L"j I D.P Room 101 1"- 8' pips mulstion, white filsous ^v p S D Rome IDI 1"- 8• pi;r-ftng insulation oewhite G fibmue P$� ' Rwnm 101 9'% 9" tan fieor tilt and mastic. G (j p Psychologis'a mcm_ j 1' - B" pi}e insulation, white fibrous G G — Psychologist's room I' - 8" pipe -sitting inn ilaoon on white G G P50 fibrous Gut's bathroom pipe chest 1" - 8' pipt-fitdng waulation ca G fi tees-inaula[edpipe_ Boys bathroom pipe cimsc "- 8' pipe-fimrig !ns:darim rn G._- & cuvooiel coact Sloe Lass insulated -t V t' 5 v I - iinys ha -`,'win pile el:aae 7' - 8°pipe and fining ma.ltt;or.. t �V --_ _& euvo.181 coact ! whiz fibrous 4 'ILnnels I 1 E p pr fimrg imulenon or f d .i ^'^•'c F tt r«fj 1 V P S p ': l.t h � �Cefaeris .rry�as ris i!r �.x 9"X 94, to foor nit era insole- x ut-(u-pau Root Y r 9 m cis Tilt an, mastic iG / p �/• '— store ro_r,. �+, r_ct 'tc a.M mrs id G r Sp eech rzanr;L o,m 11-. j _....- 9 x 9 tin floor t (: pnd mea'tc• - r3 (> fj fJ SWI-wa rl000m,' Rewm 109 _i(_ 9'x Woo, floor tiir vd mastic• Table 17. Six -Month Asbestos Periodic Sur�Mllaucc Report R'innaka Elementary School Proixt No. ➢L -06-452k i 3 A Page 3 Sigran:r of Pcnon Completing Report Title of 3'c;sor. CoW1-uniItenor, ' j�Z,�ei Cnnditigg5�g;rs,a;its, "` o entiel�}T gape C:atraories: PMC =' prrvious MAleisl Cor4lan NPD = No Po=-.ai Danroge C"7C' Cur_ni Aifi.eria: Candipon PC: - Pacn:i¢1 Damage G Goo:CNo Eantagc PSD = Yotcniia: Sig=1 scant Dztnagr D _«.^izge F.._ ...o .:_J vlHtLr1YI Candnc�n' Potential _ Functional Space 8omogtneous Material D�esc i tics -Teaonrr, PMC CMC Dam_a_ge- :t trtte low:gd Room :OS ? 9 x 9' tan fled .r,e and n,sat�. G G pp [@ Second Floor— X Boys scoop-. !lour 8 pipe Stung irsalanon or. Latvorn-t p'.these 5bc--Z s tnv f pe attd G Gni s second roof I i S p.lx-fitnnf, a suiatiwn nr Ipsoom pipe ch,-%eGlrcrgiass�..^.vlatal ViVr. I G�/ I P9 U V Y 4 — Roam 201 9` x 9" mn floor tilt and masti^• G j PV Room- 202 9" z 4" tenLoor tiro wad mai2it" ° Room 1G3 9" x 9" is flo tic and tras[ic' ( u G I •/� D �- Room 20A 19 x r' tan !loon nit an rrauic _r RUom 205 floor tile and rraSt ra'.n Ycwm :U9`floo tic and tram A _ •: Rom. 207 9 x 9 tmr�—rsea::c Room 209T) � 97'X 4' ixn Hoaryle end menti � G Room 211 i 9 x 9mn flow 63 mo pati Room 2.2 9 x 4 W. f mr tile, and mastic I G Room 2!? 9 x i Hr. fax ty and �^ Rnom 214 9"X 9 M7 Raw tilt urd �masnc' G�' •("^� PO Roo=t 215 9 9 u.: Loor vilr and mestc• G _���� Rwo^ ..till 9 x 9' stir (xr tri aid _� �.._ Roam 217 9 x S tan r' and nmHtir' I C� 1 _ 5a , Masm Rtwm Ronm c i 6 • 4 x 9 tar: Roo t e and Cr G fly + mm=SUr' :�ttim affix Room 210 19' x 9 tan floor u e and mystic' P © i ��- 1' _ '.. Media Cents - Room 2D^t 1 9 x 9 !V,, now tilt a mss5c" I G I tj p a : All .Arr.8s Sink Uaderooating -ba:k G C p ri P.!'. Arcw 1 Duct ex;mnsim joint oloC� G Sigran:r of Pcnon Completing Report Title of 3'c;sor. CoW1-uniItenor, ' j�Z,�ei Cnnditigg5�g;rs,a;its, "` o entiel�}T gape C:atraories: PMC =' prrvious MAleisl Cor4lan NPD = No Po=-.ai Danroge C"7C' Cur_ni Aifi.eria: Candipon PC: - Pacn:i¢1 Damage G Goo:CNo Eantagc PSD = Yotcniia: Sig=1 scant Dztnagr D _«.^izge F.._ ...o .:_J B t-siuPt Table 17. Independent School District 281 INTERTEC Six -Month Asbestos Periodic Surveillance Report Return, Ccmplered Form to -4rbeeros Program Manager Date, -,C, - t 5 •_%C_ *Building Naine: Winnetka E3ementan Schoo! Building Location; .�_ 7940 55th.Ave.nuc North: New Hone, hlirn:som 55428 C T4atsrial � Candiabn• Pouatial Fu octionk�aee Homogenous Material Davi tion F,tiTC CMC Damagt•• I Notes ' Fbr. Floor - Ao(ierRoam Boils irmlan(m Bala#i  G—!— (j g i • rt• < q -J Boiler Room �_ 10 x5'usta.ankt Iation I G� *•"'+x+,+. mv^. 6' K - e Boirc Rmm 12 pipe �nsvlatian, uh,te libmua U (� j' iHritu Rmm� 12 pipe -idling i rw.Ir oo on %'ilia G __ I filmaus 9eila Kc m i .III. S"?ire-fitn,g msvinnon on G I Bolla knam !nZ1W&D1-MtWi i Wane-ator- m�a-tor esbesms bnm8 � G bdt e>x trick atd the steel -� I -'+C ' 6 7 Oustocial office 1 S pipe-lmmg mwL=Gor. on G 1 — fibv lass_insr l P. —._._ __.a. Kitchin ata agt nwm _ Krs,.he.. sterner room 1 8 y�e-fitLng .nmuaf`o:: on >•6itc 5broua G o r !"s 0 V Raon 1:5 - g pipe insulation ufiite fbraue G � Room119 8 ptpe.firtmg crs,labor-on white G Ps ------- — Gbrous Room 1? 9 -}-_- 9' x 9' ten fiaor tile end muaic• G 18 !"- 8' pipe iwwMon, while fibmm GLJa— Sir rZ I B 9" x 9" tan flea ie and mastic' 17 1"- 8' pipe, msulafimt white fibrous G i Ps (% �IRoom i 17 1' • S' pipe -fitting isolation on _ li3cglets-instlatalpipe j9"x9't(leerrileand 1"-8" pipe immiamm, wote fibroin It C,RwmilG so --- Rocco 115 C Racrt:1166 I' - B"pipe-fitting owalsmx, on I t3wg:a msutarcd pipt 4" x 9" bo floor h".t enol manic• G I G G G P fo p.* and fitting tnau'.atioe, C p S n fib,, i/ J _am 1 S a s lac floe: ll e a, d Hectic j—', (/-', -- - kk 512 e1 S F pipe laruawi N.IL a -(I tD—j PSKf IUR:S' [ 9 g pry+(j I[Cg tllM1 �Ci Jr 4 P n r r !, 9 xgter foo'tJ ntlrnrs:;: ;i .._ " ' Ma I f!rt T C r I c x or - .-_ '� �_�.. m U J :S, floor rte and nleiYiC• �; _^_1� 1 \ural nf3ce 9Ye, floor I. and rmastie u J —. _...-_._.. tl Raawus:aom� 5' x s tar now. tile, and mat::c• G I{0 1 Efl I " Table P. Six -Month Asbwaas Periodic Surrtillaoce Rept i t N'usaaka £lcmea=y 3c:.00l Proicct No. B1,06 -02's 13A Fagc 2 ( -�I MR(LY till 11 r ` FunctionsI Spam ! llonwgm us Material Uceer;puon 1 Condition- Potential Uxwa e. Notts + PMC _ CMC y Y Co :tarn ,e room 9 x 9'u_f.mr ti c and r3actic G Pm»zipals cTicc : 8^ pax irsusuon, white 5brout G G p --- Pt3 _ipa. s cf%ce 7 v p:pe-fitnnr lnsulmon or. ,11ite riixous G - {' 1'fcipel's aftct 9x9 can floorUe and :+txaic` ,--�---i--p�— -, Himitt, sc'vicc Spe(:ialwit while f brOLS I M ufJ office Health. 5v, ice SpccialibA 1 8(3:p"Imi'if inuulaGOn on wiute C -. Offiu^. fibrous Pcom 107 _.. 3 E ripe iruulaion, whin iibmuc U Room 107 1-- £' pipe -fitting insulation on white Ci G P> {t Ibraw f 4 1 Room lOG 3 8 p pc �uulaTen w3utc 5bross T G Room lC,6 l b' pipe—fitting iI 5116 Cn fC Wlllit �..f11J'Q :. i G -...1.._l .. _lam._... j(ilil111i�5 13 8 p3X'!a1suiKi 1 White nbmi;E ii W✓ �s D_—_ - I Roam t0``I £' pipe htung irsuie ion or. white f, mus u� _ _ D Rwm 105 1 Tan flux tic end tr roc`----- Rtx,m104 pmciroulatim whit fibrin G �__p--.--- jl�° Roma, KA ! - £ J'JC-ttwig msuilat1U['. 9_' Wtuix I G ! FnrouI _ ; _ Roan i (,4 9 x 9 tsr Scor tilt anal :nnstic ^.. — .G III Roam 103 ii M tna43dti01, w:lnC fibrous c G r Rocco 103 1 B n pcfrng irsllabun an wh'tc Sf1 fibrous V Room :02 7 S Pma iraula co ahttc fbrcus Room i02 V ati=m. wont G ' 1 S� ntao_s + Room —102 14"a 9" tea Iloar die az mastic G {jI p /% Room i0i �._1 5 Pipe insulation, whir- Rnon pnpt-fs".irg insulation on white C Ream lily 4 aS anllonr TEC and mastic' u YU t Pry hc. exiw,'s B insulzivi un wt its far.,h cgu"s loom txbtt;.ng S 'br Cons u�l. oos y pt >p_c; £ i tie art y is salac1 r alas B sUa'a-cn n^Lx ..b. I s n cr gr .u, .::m. o•1 J is S r 1 a c1... dx; alDSc Ft Il.e4i _d� K ���—• Bo E-nwhrzmr1 I`I ft pT,, 6. fimn,3 s C3. eu' LS UfLa CIJaC Vt;ie fU.0 i 11 r Yi 2 OJ' LC TP rd ':OOr nif M. -I, rram I[ �i �. •_—_ .,_____ tt S:aff W" x ro m; Rom :09 9 Y9 m! noa tilt and .11" Table 17. Ss -Month Asbestos Periodic Surveillance Report Winnctka Elementary Sebool Pro iect No. 3L-06�02613A Page 3 5igtuestc of Person ('.:omp:eling Report Title of Posen C ompk:ing Rjort • N,aterie_,Condit-on t'.strgo,_-�' PMC a Previous Material Condition. CMC = Ctacnt Mewial Co :ditier ti =CocdM;: Damegc D m Drmigr SD Sig;;:fwot Dcmgc 0-06-0 U, 3P. ;ao_ :;In, •• Lotenti D!Deouge G;:Y4ZiF5E NPD = No Potential Dan age FD =Potrntia D=fc PM = P._IM!ie! Sign:ricm:l Dar.:cE: PnAUN" Table 11. independent School District 281 IKTERTEC Six Month Asbestos Periodic Surveillance Report Return Crmnletec.' Fo,m tr. Fsbc:.ras PraSrar; .'✓.uncgsr Dalc:�.'...._sld._ Bolding Name: Winnetka Elementary School _ Building Location: 7946 55th —--�..a'r_— - --- �— - MYItYt - { Functions: Space Homn aneona Mattrinl Dtsry tion L•ontlition_t Fntextlei1 PmC fMC Damage " t Notes q li 1 <nwv«j�• pci Ftrrt Moor I I G _._ ._ -.. "-�. ...r _... _...._b' ..._... 8oi1>Roo:r. 8ollez:nrarng 9nil C'' v& �J- Holly Room. 10,x5" <r [a`lk lnsuati n 8oi Re Rao, ' 1 pt+x iraulstiM white "om" Honer Rcom, i" pipe -fitting irsu!aticn nn while Bois Room @" pltt flmng insuia'ian on t' U [iJllc' :•• RP fabCj(iFlSi-t,6U'atp'!ilipe {J—c' ;CTatIX' N5:t6 --1 ,5 . < +se —' ! t, w n the tn..k and the sJ _ 7 • x_ e- -__....... . Cuslouiel oT,u 8' Pimfl ting i,-su!aw x, G / PsD fitxs ' lnsUlm", Kitcbea storage rcrom o�— ec, w -.:e fihus ' I' - B" pipe inailni3 _ .._ Kitchen atcxage -..nrn 1' • F. "rt -t e -5[m, g nsulaeo- o whilee I G 6) Rwm 11S i' • 8` nine ma.tatim, w,i e'i'+ Room 119 t"- 8" nlpc fitimg i,suim * at eine 5h.�ua C. r-. �1 PS. D J —_. 32oo:n, 1 tS 9' 191 tmr f aw-k anJ t nc u [/;.r ��ll%7 v _ G �t Wiitic b Room I I8 i" -! pipe m6V{91]�r; G p$ '.. Knom HE 8 i' • 8" -,Vc-fitting t=wton m white-1� 8broas -.1w G r% Pc m7;79"=, t 8 i ruor and nmstic' Room 117 )'-F (i 1_ 4 Room', i 1 I' pipe xoom : ! 7 5bagaz-ir s,!Wod 9'x )'W rwot est a,d rvts:ic• ,. ----- ho.m.i6 1" 1 • - B"Pix insu?eti,n. wh.:k fnrous G I (mss ? c 17 s ._ _ _— Rooth )6 I • 8 pipe 8mrg insulaticr an +txrgiess-tnm:ezd � G �- i Ko.,s .16 pipe � 19 z9'tsn fear tyle ald rrws"ic � �J,„i *.._ __ .---- , � $" jape sd fining waimla i _... P ,- :: 14 i s rN ttlK -!e uL,r. •R'3•IC i .. _ P f% -._-.. �._ _ ... _. . .. t... � x 1 a .ztio . w v e 5 •ou _ �_. �_: � g i yS r U '✓ J i1 1__ h. ,. .tl:< _•._ ALF __ a.._id G 51.6!1[.^41. _ _..__ _ —.. �,- I-J/"ti Oft1Ct .-- tit rl�07t! ffiI: 'C4341L i. i C> (•. Table 17. Si-NIonth Asbestos Panodic Surveillance Report lW innetka Elementary Scbmd ` P-e*1 No, 111--06-02813A Paget ca ZE Mainia'. Cood@ia n' Poteatiai Functional Spice .. Homogeneous hfaterial Destription Damage- Notes PMC CMC Concsrnce room 9' x 9" tan floor file and mastic j G I Ci, P 17 .� Principal's offict 1„- 8. Pipe insu;etian, write fibrous _ G [j _ S •p _ �?rmcipars office i” - R" pipe-fi:tirg insulaticn on white G 1 pS j7 fibrous (j Prineipal'a office 9" a 9" ion :loo, tic and m=ic'_ G i G ;--P70---.__—.�.-_.�._ 1 ffeelfl- Qcngct Specialist's t'-8'pipe inoVlan0.>. whl'.t fibrous I :i iS D Office Hrahh Service SPtzi4st'— atio,•, w, ':itt C. t�77 fibrous �� RoSx Room IC'7 �- "- 8' pipe Inevlador., whirr fibrous Roam 107 :"- R' pip -faking insillition on white G ffb..ous Raom 1u6 i"- Vpipe insulation, whit: 5bomsG _I Room l06 I" 8" pipo-ftting inmilaticn on white G ps n Room ;05 - _--T fibrous I ^ - R" Pipe iasulaaoa, w3»u fibrous _ —.. Ps D Roam 105 I' - 8" Pipelining insulation, on wtiitc fibrocu I G ! I �•$ Room 105 9" x 9' ten floc: tic anti ruasti; • G R�rn —04 --- €-- R' p -pe ine.,>uion, x�hitc fibro -::G Room 104 ;' - 8' ,Tc fifvng inr4Wion in white G fibrous . Rocm104 9"x9'ter.. fl.,"'_ _• G G �— t Room lU3 s ^.ix r..i,u�ss I - .. 's mr on white G G P5 p � $ Room 103 i Roam 102 1 - R pr,x msvia .n, whi . na,aub GG Ps 1) Roa.^t� , 702 1"- B" pipe -fitting iwilation an white G C f13 !i , litmus —TIP, J ---._-^ Rasn 102 9" x 9" trw floc tilt and ::-¢sic• G - (� - Roctn 101 i' A" pipe i,uula:is„ white fibrous (i .-.�.—_ j' Rsmrl 101 7'- 8" piMfitting imuleton m white G G �j5 n fibrous r J - Room 101 �___ 9" x 9" uvi 'Soar the rid mestic• I G FD 1 Psychologists roar. � 1"- B' pipe snsulatioq svhrte fibmu (i Psysl:ologs".s room I wf:ite f87.-$__—_apt''w-fitenS alimor on rranjim C Girib ba�rwm pipe c"me I"- pe g �ula.tar on F Boys '+s:nroo.-•p"r_Owe I�1ass t R"P'pr_5rt.g insula:icnm I..... G & cugodial clos nsulnteL pi� _.--- ...�$�J 90 t ..atluoar, pix char i B" Pipe srru fSag :ns lotion, G I k & cus<odial c! a¢' _.,.,,. wt ire fbmus tZ•j-E I — 7u :els I I 16" r pipo- ittmg insu.atc". ec G ,t` c i .tC�laa61RS�111[Plp[ la �-•t<^a•/ --rr���� .. -f Kitarcn z S" ren floor nit and r'tz9 c � C re r..a' M i N . to s 9" far too. tilt end rms c L f P Room S.—,e ra.;^, r s 9" tar Roar sik and :n.n :. ('> PD _e _�. Such roo'ry R9JT i 0 s x 9" tar floor bl< and math C. S(ai wvekrnanv Room 709 t > x 9' tar tbo. tiltand W.2ic jG� s_.—,- I Taber 17, Six -Di on th 4s6estos Periodic SurceMAnct Repurl I F•inxika El=eniary Scboiil Project No. BL.0"28: ,A j Fege 3 Signmurc ofPemixi Coi:pleting XePa.^. Title of rescn Compacting Repo. Ma.crlg&Rn-+i Rin- Catey^ Po:c hal ❑emegc i:a;cw^ys_' PmC }-rcvi,.us Mu!cnei Cn -0.!inn 11Pu u Pulamal Darrage .. :C - _,.o. ida....a .,.,,..Cmc P.. Poteatis; Uamage C, (; •r . �fc PS:� = potcnnal Seg iriw, 6n{nagt - f -v ,art material Functions( Space lounge: Rontr. M CoaGitinn• Liomogenecus Material Damptiou P1iC 9 z 5 tan, floor the aid matte Potentia]4 uama c riot" ji CMC _(l�hcs Ho e n rloar Strong Floor _.._—� beihroom pipe okrasc GI I s second'•oa bat«. r t p.,mGni g to ari,r. W, C. g.._ ' 8 _ fber {as •t1t!, ated Pipe 7 9 pipes 6tnz r&u°ebor Oil G fiM_Ffa: msniatcd _ V �`�7 -__.. - R-c•�t. />_-t—�1 tl '� 71 -17 202 Ram 203 Rwm 2(A _. _ Raom 205 Rnam 20G9'" 9" tar, Poor tik and t. !ic^-_ 9'r 91 tar Roor nkc snd mus c° 1—G 4 x R' tan foo pm aid mast¢G 9' a 9' tan floor tilt Md mucic' 9' t 9" tsn Dow bee end manic° G z 9' tan floor dk and rraaEic G _ -_P ID t f ii - i Roc:n 207 4" j x 9" tsn $oar rile and rrumc-C F D Room 2098 9' x 5" Ew f oar e" and Rocco 211 _�--- _-� R-.,, 212+� Ream 9" x 9" tar-aoor bee ami tragic• gym' ;rao.• tilt and inestic` .._-t.- tar n007 tilt 8n." ;negic• G -- Rmm 214 9" x 9" tar. fluor Cie a, :tun.;.• G C3' , D__,�. Roam 27y 9 z9^mn Poar uk and;�r,:c' ��T_�-�_ • G Room 277 4' z 9` on Poor nit and rraa:�: Music Roar Room 21$ -779. W Avr bk enc r, act - Mudie o`Sicc , P.oam 21 p 4 x 4' M floor tilt and msni: • ?C, Media Cei:er - Room 309 9" z S' tar. flow dic aid nwrCic• C, - - A. Weal _.._— - -----r Smk 17:tdcctvtiag Hlank (; I- P I A ��.. J t up ^si r '^+• loi' G ...I. in J7 - Signmurc ofPemixi Coi:pleting XePa.^. Title of rescn Compacting Repo. Ma.crlg&Rn-+i Rin- Catey^ Po:c hal ❑emegc i:a;cw^ys_' PmC }-rcvi,.us Mu!cnei Cn -0.!inn 11Pu u Pulamal Darrage .. :C - _,.o. ida....a .,.,,..Cmc P.. Poteatis; Uamage C, (; •r . �fc PS:� = potcnnal Seg iriw, 6n{nagt - f -v ,art i j PRAUN- Table 17. Independent School District 281 INTERTEC Sia -Month Asbestos Periodic Surveillance Report P.elurn Completed Form is Asbslos Program Manager Date. 4LLff__(C% Building Name: _ Winnedis UeMtAta.ry School _ Building Location: 79»0 55th Avenue Noah' New Hope ?vSinnesota 55428 ._ -- — Matxrial Condition` Potential Paactlonnl Spa at FIodo s000ns Material Ducri tion . PMC I CMC D+me <'• Notu _ FbTt Pioor tr.o GO T! 1.:l ry Boller R rn Boiler insulation, Roiier#1 G Bodo_ Room I Ora 5water tank insula:ion Boiler Room 12' pipe vaunt ion, white 5tu11 Boiler Room 12" Pipe-fitrinit insulation on white G G p S O ' Boiler Room jj i"- 8" pimfitting insulation on G C, ag O fitxr lsso-:ruuleti oW, iR, Room Inartrator • hsterlor aslwros Iming G r between tae bock and cheated J, Custodial o5set insulaann on G jog b Shegiam-inna,:latcd pipe G Klithen Storage loom ..T l" 8" prpe inralam, ", while fibruos G Ps Kircher stomge room 1' - 8" pipo-5tting insutotim on white G S D fibrous ........-.. Asim I ; 9 _ 11' � 8` pipe insulator, %bite fibrous _ G S j1 _ Room I i9 1' - 8" pipo•fitring insulation rn white G $bonus IPS ! Roam lig . 9"X 9• tin floor tilt and nastic• G Room 118 V. - r pipe faauiatuw, %tilt 5brous G Room 1: & 1"- 8^ pipo-fitting UWAIUM m white G /� $ fibrous I p_ -._. Roam116 9"z9'tm flox file and asulic• G p0 Ream 1 l7 1"- g^ pike iasulelsor, whBe 61otow G Roan 1 s ; I" - 8' pipe-Uttmg insulation nn t, � fiber pipe Roam ] l "r 9" a 9' tan floor tiie and mastic• G G0 (/ Room 116 1"- 8' pipe insulation, white 56rous G S 0 Room 1 i 6 l • - 8" pipe -Elting inss:aticr: on fibs tataaiisulated� ti . S— — — -- Roam l 16 9^ z 9" to euor :i1e and nas!ic• —� Rtam l 5 i"- 8" pipe and fitting insular-- ion, G G }e5 - Rou.�?!s white fibreua 959' earl floor nc anal raa�- P.,y.4ciogiLLroti.. "pr in .:a.;. 1.w ',t. rtrnu-J G +- S17 FSVr..�iOe�f.St'x -•JT I t - g pipe-fltLing In54 816..... If Wt:re I l• � �' s L � t rtna-11:3 9" r 9' tar fiom lit- and rzn r. • �! D ...--._ _...-. b — 5i/ I Ate <T..e __.— I h' Clpe fi•urlg--n.1 .1 r Whlir - Ps p gh.c,us G --- _— r xy'. to Cos Ic and srms'1 C .._� afEr r Y x 4" an Coax - Acsaoc:,1 Rewure�ceo 9 g"m'+fioor ilea -:d nnmrc' r_..._�- D 1 Table 17. Sts-Moatb Asbestos Period= Surveillance Report R`inmtks Elcmertmry- School Prgcci No. 3L -05.02€13A Page 2 pR i Cr..di5o Functional Space HvmoBrnaau�f't°t��rtal Det°riptton 1 Y'.iC CMC DamEge C.0 `ecce To= a 5 tan fw his and tmac:c-- �--- t% '-- F. "• insulation, whu hbrov Fr i,.aia o- r..t � P= _ I R I E a: e 5 irsuutnoi on w as G OS Pnnc al's of i e f p - 8 G Uh; ous _ -` it 'nncipz!"s o;ncc 9"a9'tzr furor t.ie and nas!m G G p� ._-.__ P'eNth Service Spc l-liv a 1 - 8' pipc in iativn, writs 5Frovs ! S p._ .—_. Offtcc1 Flalth Scv,ce Spec alists 1 - B` pOfffixt .pe t "ng :raulztor or wove F. i fyr Roam SU" .� r..t 8"pPr ms -non, utile faro's Room 10'1 . B' pp, -.Mn .su1x is or, w'`.:tc G / ! P��J SJO Ro1 D6 rmt l 8" pipe insula ton, w : to Ubrws Room 106 - . E' p pe the S in-, on — ''t'roas —... -B Room. 105 "- R. pipe t wle..cn, w�itc 5hrous G Roca: 305 o whi:c G PS ?% Room 1 OS 4' a 9" ta. Lao 1 ati mas`tc Ream 1 D: inr am -Aiht fibrous C I' . S` ; -pe frcng ululation on wlnfe ('r -'-(---_. { ps D Pa mHI: 5bms _ p Room iC4—...��9' s 9, tri 9007 uic ze! msY.ic'_ L ' Aaom 103 6" pipe msulaua , whits fibrous G n Room 103 1 8. P f2 ntrg tnsLlativn or White •+ / _ �$ Q ! t r _- ubrous G Rain hile 192 1 6" Piwdmng unulstio^ on wtt•ts p-oorr, io2 -- — Roam !C2 9a9'tzr fiao7 tilt and was nc• G Roo;n 101 "—.. !" • 8' pipe insulation. white fibrous Ronin 101 i" . S' Pipe-&'dn8. insulabo.; or, Lbrava 1- ��--- 1_ Room 101 i� S" a 9" = foo: 10:t and MRSUC° G I" V _ --- '--_ $'Pii, ir,,I E"tn. wFitc Ub 0.n. yrota{, s a ooh _ Fs}'chalog^sl's r "� i - ' pipe fitting "ntvla for o- rb-vus---G n — s ba: -aor'F�asc 8 ruuio .r f' p ne Kn' la S '1 e msila � — Pipe a Y' 0ln fir ne uae en 9c>�s barn. ocm �e cha P d. nuixnr. c ase finerzstars IIs art :;r __-, l— -'" p� R... , TOT�-rr£ f c wlxeia Irs r rb^i s -- _- r A M1IJ — - -. .... 9 ♦'" E'I t C " 1 _.4 rK. P. r� F'Si t - -r _ = —1- M tike h rocn ,' ov-n t s x 9" tan w 'ifs ar>d rnec. _ p r, _--- -' r i a 9' In rr o:= anal 4' Oa .m wvrs ohm Racrtr 9 - ..—.—._ Elm _Jf Table 17, Six-Montb Asbestos Periodic Surveillance Report Winnctka rlemeotary SchOD Project No. BL -06-02813A Page 3 Functional Spa" iNotarial Cendstlon• Homogeneous M&teria: Dwription PNC CNC Potential Dama r"' I _ NDtea Tcachcs loWnnU Room 108 9' z 9" icer, floor We a^.d macic• 1 G Second Floor IsDys aurond 9oor 1 batvxwm pipe chez: 6on on fibeg'ass msulatrd pipe G G �S � i_ GtrYs sccnnd floor batoroom pip -:haze Room 201 1' 8' p!prfi ting insulation on fibe!glau-insulmal ripe 9' x 9' ion floe and mastic• G —G Room 202 1C ti6 9' x 9" floor ll and meat:" ta. Ci' Room 203 Room 204 Rwm 205 9" a 9" ran floor file and rntsic• 9" x 9' ten floor tilt and ;nattic• 9" x 9" tan floor hit and nwstic' G G G G Roam 20 9" x 9' tan tloor+ute and mash G em Rn2077 9" x 9" tan F>aa! r')e and tnashr -I G I (y _..� Roam 2095 __. 9" z 4" tan flwr talc and mastc' T v.'.� Room 211 9" x 9" (Bre f)CCn tl)C and r.188::e• �GT� 1 !n— • Ream 2)2 9" x 9" tan floor file and maafic' G i -- G—i--Ap Room 213 S" x 9" tar. floor t k had masa:• G Room 214 _—._- 9' x 9" ten floor 9le and mos:::` ( C b i Room 215 9- x S" in floor hit andem. I G Room 216 9"x9" tan floor. til, =i soot: Room 217 9' x 9" ten floor file and mwtc` 1 G Music Rocs: -Room 218 Media office -Room 210 9"x9" tan floor fir and n c* 9' x 9' tan!icor flit and trtas,-` G G (, M.Foie G.ntcr - Room 216 9' x 4' ta-. ,",tier fit, and mar_:' 1 U{j. d til) Arras Sink Undercoarng - Black G �- Q 1J7 Mees Dua expa:uionjnint cloth G 114e YO 4(S Signature of Pm. Cornplding Report 75tic of Person CompichoF, Repo^ M�,-_'_)gtng_r,_lta: Poxntla: i)arierr CREERWiM PMC- Previous Material Cnndition NPD - Ne Potmfel Damage CMC-Cumm!MatesiRi Londition PC -Potential Damage - - Cord'Nn Damaee FSP - P:,:cnris! S:gnifiet�i Damage D = Damage SL` •- Sigrifi"n! Damage ?taUFt 'Fable 17. independent School District 281 INTERTEC Six-A3unth Asbestos Periodic SurreMa7nc7e Report tial:: _J✓-�_l.-_�_ t; il;':QtPs 1S ii!tIC: `--ji'innetka Etementarr School Building Location-. _` 'ei4^ SSth At �q,North' Ncw Hopi ?`LrresotU ° 428 s(T Material Y I —PNIC Condition- FtmgWl i ,rliorssl Gnnre. Hemorennout Material Pcs<rtiMron Yhtt ' CA!CI Dsmaet" I tiefcw I Boiler 91 K :2 Boii.IRoom 1 10%5'Water G Bciler Room ti"pipe-;miry, iawlazion nn xtitc G t9 I Ba ic. Rao-: Bwlcr Rwm 1 B` pipo-fir ng iruulatiwi m Fbr!�as-insulaicd p;pe incmCmor- Interior Mlwsmos iif,tng (: G ! s U 1:,,,; nr 717 t!'r•+ 7m GCi psD irfird.n insulation or, ppipe C. h'itdtc, statage room11bir in=bnorI3 whits fibrous. ' ---- Ycw. n 116 -....... I z 9 tan fn do ana rsCm Kitehm,C,arz (torn Roan 119 Roc rn I 18 Room 118 Raornlls Roar.+ I i Rom 117 Rmin 116 !" - a• pgicCixn,g sontnon on venae � E, &t roar Fipe imulsiun, wbf:s fbluus O pipe-fltinp inre!vm on whit. G fibrous 9' z 9'tan floor ek and [ ,io 1' - R" pi. insu1111or, Whitt f thmiII 11 C ' " - &' p;pe-t:nmg r;usut8ltrsn m. wns rbrona rxsor uk and mastic• 1' - s" pipe insulatim. w1alt fibmw pipafiving insula:im o, 51xr less-irsWeta7j»rx _^- 9' t ^' tan flom file M^. rrlattic^ rias il19aliew. Whi:e irbfoes G Roan; I it, on an 13 GCi psD n Roan; I it, on an 13 -- ---- Ycw. n 116 -....... I z 9 tan fn do ana rsCm - C —t --G - � - ,yL—_� _ r - rua C �} ieS+J urV, Y AQl& `n ilax.;.n3Y ! f I D J 'I 1 I E Table 17. Sic -Month Asbestos Periodic Surveillance Report W inoc!ka Elementary School project No. Hi -06-02813.A Page Material Condition' Potcatisl Functional Snxre Homageneous Material 1lescription Dam e`• Notes J PMC CMC Conference room 9` c 9'tan floor rile end nuslic G G p Principal's a.Tia I"- 8' pipe insulation, white fiblova —.�. _. G.�_ 5� — — ! Principal's..Tice i !"-8' insa!arian em write G --------...-. .._...�_._ !p!pofining _ fibrous i cj P s o Printipai's office 9" x 7 tan flow this and mastic- G_ Health Service Spcclahst's i'- 8' pipe insulation, white fibrous G o S r Office (> r Health Service Specia!fs!'s 1"- 8' pipe -fitting msu!alion onwhita I G Office fibrous Room 107 I' 8' pipe insularlon, white fibrous I G [� rj ID Room 107 V- 8,pipe-fining Susulabon on wbitt G U 's Z% r Room 105 I"• 8" pipe "uiation, white fibrous G IS Ps D I ---- Room 105 1"- g' pipo-fwing insulation on white G fibrous U Room 105 1"- 8' pipe insulation, wfutc fibrous G G P -SD- Roam 105 S-a,pipe-fitting iruulation on white G n 5 G I Room 105 9"x 9' tan floor tilt and mastic- G Ream 104 l "- r pipe insulazion, white fibrous G $ Room 104 ! 8' pips fining insutanon on white G brow: Room 104 -. 9 >. .. "rOc and mastic• G G ("j f7 f35 ' ! Room 103 _-.-, _. .. .:::+ion, whin fibrous G d Room 103 - Y misulatiw: on white - - Rahn 102 `- 8' pax: 44suiatlon, white fibrous G S Roan 102 1' - r pipe -fitting insulation on whirr G fibrae Rawm 102 9' x 9' tan floor the and mastic. G S' j7 Room 101 i' - 8' pipe insubrtia>, white VL - G PS 19 Room 101 I' -- 8' pipo-5hing ntnilatiun on white fibroui G Room 101 9'x T tan floor tilt and mastic. ^—G GG 5 e'syehologisfs twin I"- 8' oipr insulation, white fibrous G r?1 P57 Psyrhotogiar's room 1'- 8' pipe -fitting maulabon on white G fibrous GiA's ballroom pipe chase -- !'-8'pipe-fining inauhuian no G ... I �7 —gip-- _ er la-tnsulaied pipe fibss /�S17 8 p!(+:hasa I'-8'pipe-fining insulation on G-- cuilo ialcla buthi- orr, p pe cI.wc �� 6' P a g� firyw .Tunnels sand 1'- 16' pipe fining insclatien or G r a kites*cr ! 5' c 9' in Onnr ::e en9 nut c Vier ilia, LIc t i Room Start;oa+n S f9 tan laJr T.0 ant m.Yab:' speech_ roar Rw^e 1 -.n 9 x 9 tar flat We and mast'.. S' ffworkrxrry Roo !09 f 9"W 9' len floor vie and 1 ab!c I?. 4 - lent!: t �. lo� S`a ricdic. cur. ell l,:rcc RCpurt ;.`[L:E:ka L�;en�rcIDPr $I: he..a oto': Signantrc of Yenan Comptetmg Reps:rt 7;tit o: Fetson t::ompknng Rcparl Matc�nl C4 d.i:a*_ eerw++crc. •• {'.q],�nrial 7Emrpc n.•po+ies: PMC _ Frtr:ous Alolu lel Condhmn NPD =tic Po:taml Di�+mge Curcrt A1ate-. ia! Corditic., ?U Damzge G =GaO&No •anagt PSI- =PN:rlic SiPnlricznl Damzge . 1) Dansge SC -' SigciS::nn'.. i;einayc ! istii(rr41 I Functional Space Honol ,amus Alaterid D"cri_pnon CondArT25 PP1C C'AiC Fotenlial Damage'. 3 Notes TT achers lounge Roar ; 05 J" r. 9` Ian floor n{c and mstic• G-- SecondF'loar�, Bej�s secono 700 1 I C' pipe 9 lny insulaon ( .-- _ion l afho0om x chntt F6c. is -i cslamd Q, CH's second Fwr e scor or. I ' 8 i 5v rmxn i < � GMhr� Dote x chasc c ass-nrvlec rim ._.._..._.i __----ii & Room 2qI 9 x 9 la...am. n.e an. 1_. ._ ...._._ - Room 202 9' x 9` imi lon r r' "_ v v...--_ Room 203 9 - x 9 ran floor! Room, 204 1 9 x 9' izo P. RWM 205 9 x 9' W. f.... is Room 206 _ Room 207 Room 2098 9.. z and rat910 Room 21 l 5 x 9 mo Wr t8r and a�atibc•C I f Room 212 9' x 9` tan tlaor nle and mzsa,.• ^sP Timm 213 S' x 9' ttm Jam 0!e and nmstr,' G - � Room, 214 9" z 9" tan floc. tilt and urwaic' I G Room 215 9' x 9' tan Poor Ole and maZ40 G Racm'<fL 9' x 9" ter, Par, tile and mrshn'� C..� - l ''✓f ! _`_ - Rmm 277 .—._.._—.— i 4` x 9' can floor the and nutstic' G G ! �' n ..___.. A1vs!c Room -Roan 21 F 4` x 9` ten fluor Or, and mastic• h!tdis office - Rmm 210 P 4" x 9' un Poor file and tnastic' 1 G e-- C.. —t, Rocn T0F .M.edir v.,.._.. 9` x 9" tai Pam Pile and rkstic AIIA,•tex Sink ltdetcoz(ing-6ivck —.. G I All Areas Dust ezpansinn jniril cl,>th G f' Signantrc of Yenan Comptetmg Reps:rt 7;tit o: Fetson t::ompknng Rcparl Matc�nl C4 d.i:a*_ eerw++crc. •• {'.q],�nrial 7Emrpc n.•po+ies: PMC _ Frtr:ous Alolu lel Condhmn NPD =tic Po:taml Di�+mge Curcrt A1ate-. ia! Corditic., ?U Damzge G =GaO&No •anagt PSI- =PN:rlic SiPnlricznl Damzge . 1) Dansge SC -' SigciS::nn'.. i;einayc I GRADW Table 17. Independent School District 281 tNTEgTEC Six -Month Asbestos Periodic Surveillance Report 0eYurn COMPlefed Fcrm to Asbestos I'rogn:m Manager . Deie: (v ' $_O� Building Name. WinnetkilElementarvSchool _ Building Location; r i 55th Aeenue North: Ncw Hopa'.14irnesota 55425 _ Material .Condition- Potential Fuoctioca: Spn_u Fiomo"eneous Material Description Derma P' Notes PMC Cr+t.0 Flm Floor Boiler Racm Boiler msulatwn, Berle; 1, 1 fit b2 G — pp o Z Boiler Rohm IV z 5' water tank i .suction G • nab K -7 I�a� Beier Pmm 12_0,% intularion, white fihrous G 6' P ,-" - - - Boiler Room 12"ptpe-Otting inm;aniin cat whi+c G -- fibrous _ Boil;. Room _ I"- R" pipcfiflirg insulation a:, G _ fihe asa•lnsj:cal pipe Boiiv Ruom Incbeim, rick and G iXNt c>`+ tee' term;. the txstslining bc:wcrn the brick and tF< steel Custodtal office 1" • 8" pipe -Stung insulation on fiber insulated pipe 1vtehen storage roar: 1,- 8' pipe iva;la;ion, white tbrous —1, Kitchal storage room - g" pipe -fitting insulsion or ubir_ G ._-- fibm is Raclin 119. 1" 8"pipe insulation, whip fitanua G G '05P Room 119 , i" 8" pipt_Ibr x:g insslation on white G libertine Room 119 tms floor tik and mafltc• G U 1 [) Rean116 I9" 1`-8" pipe insulation, white 5hrow G__ Ease. 118 + s". g" P.W11trag irsulatiweau while fibrous Ci PS p Room 116 9" x 9` ton floor tilt and mastic. G �7 _ liaom i 1' i"- g" pipe buviation, w4it< fibrous G Jp Room 1 ! i 1' - B" pipe-Stting irrc ianoro on ri t5'nei'y2laas-IrLLVia(cd pipe Room 1 t' 9' x 9• tan floor file any manic _i G — G 49 -- Roan 115 I`• 6" insulation, white fibrous -pia G I PS Roam 116 t' - 8' pipe -fit ins insu4uion Co. Ps,P —_ li ;ase -insulated pipe Aourn 116 9' z 9" tan 71oor rat ane master G C p Roam 114 '- 6- pipe and fitting insulation,G �v P S I __ :.nc fibrotu V jj .. horn I i6 <.' x 9 n doorrk and rtw:,ic ..G .._ Psyrix"I 's .- F `tile insulation whine fbre G � n__� 5 U lief boiogis : rLh- S p r^e-fining -ns 'ehon ort u+ p 4nrc s _ R;:crt!3 :-aa"tan foe's efin: FS i Main 05ce------ tXt_aalabon tint ti G I — �1• s Vfr fuineiisalw, I- f at b � Psi •. n' td floor ti (� f, ii pile ORIX' �. —_ xi -w foo;'ile and meati Rescu. ascatm t 9" s 9 ton tar W_ rmsn 1 m Table 17- Sfx-Month Asbestos Periodic Surveillance Report Winner," Elcnlcntap• ScYa;al Projca No. 131,06-02813A ?age 2 k Functional Sface Aomogeneow Material Description Contlnta� Pnteutiai Damage" - � latu PMC CMC ' Ckrfe,mct twin --si § x 9 tan *oo tlo and rias' C G i—�, principal's OEle, l I c pita: `.sulUim, whsle t o a.•s G SIJ Pml spxl ¢ atfice�� !` - 8° pipe-4mng msulaaon on white G—prnf1j1' t p� —Office 'ic. S'yz �s tv flcsii lion, - G=_1 -r hseacds Servs Specialist 1' 8' win i; flc� r -r JJ f Off== _ _.L_ -- klca!th S::vi,c Spcciel: s t" • 8" pipe-0rvig iralatian ars svhitc G G $ p Office Room 107 fib:otn I" - 8- pi;x lnsulatior, while fibrous G Room $) r 1" - K-rrmg inceianon on white .3 fibrous --_-- --�{ Room':0S 1 I"-g"piix lnsuiwiun, white fibro. G 6 I Roam : 06 P - 8' pslx-fitting ins4la!ion or white I _ G I O 5. n ! ,/ fibrous I .-- Room 105 P _ F" pile isutetien, white fi'o:ous l G Room 105 !" - B" pi,x-fining irsulaion on wintr „ C>._.—.—_.._.---_.. L,fJ S U fibrous _ Room i O5� 9' x 9• Lar rl= L'r and oleic —I . G Rum 104 l" £^ pipe msulacon whik-f Nass I G G f S 0 . __._�.. --- . ------ Room. 10: - 1" - F" p: s-5 ung imdti:ion 021. white (i 1� nbroua ---- Room I04 i 9" z 9" ton Coca rile and nsrit' ti i G,--- --�L Room 103 —�---� l' - g` {rte insulation, white fibrous G I P $ Room 103 1" - 8" p:pe-rIfg inwiatt:on or, white G 1 5 fbrvs Room 102 i" - 8' pip, ineundion, wnirc finsc" 6 !G P5 V koom 102 -- — --1` 8- pipe -fitting insulation on white C 0 Q ! Aocx 102 fibrous 4' x 9'tan floor tilt and n, ic' G .-- Rnorn 101 1" - F, pips insulation, wilitc fibrous G Cj p S D Roam iCl 1`•E"pipc•firdng inaulah'nn on wtsisc G i � � ©s� Roam 1Gl 9" x 9- tan floor iii, crit Psycl:o!ogisCs -oom 1" • 8" pipe insulation. whim fibs V^s (i l G Psrholegiss'a -:+;r.. i" - €' p,pc-fining L-sulasior, or, hi;c G G P s D �—.�. Gitfs 6:u11roam p,lx,chase: fibroas I g pipe-frt[ing ina!asionon I Q feet iw,:seated _ r .^,..j 9cy'anrvom pipe clue i i F' }e�rfi setP vssd: attar• oa 19 �, jj� 6 C•zI,dia'. _S ud: I e 1.as --i __..'€ iC"•i":� -i7To Turn ril err 1 int I!( I r is a a est c 1 I r' D I ' Table 17. Six -Mouth Asbestos Periodic Sun eillouce Report Wienetka Elementary School Project No. BL -0G -02813A Page 3 Vuncdonal Space Homagroeous Material Resvip_tion Condition. PMC CMC PotenNxl Dama e'" Not" Teachers leunge Room 108 9" x 9" tan floor tile and mastic" Seeemd Bioor Boy's iraond floor ba bathroom pi char; pipo-fitnng im ulatien oo ober lam-insnletcl ipe V Girl's second flex bathroom d:ase I"- 8" Pipe -fining i:mlaton on fiberglass-intulaitdpipei? G 116Mve 23 : Z' : •"9 s Ps - Rnwn 201 9' z 9" tan rim the and mastic• G (f Roem 202 9" x 9" tan floor tilt and rnaatic• GC, 1 940 Room 203 9' z 9" tan floor tits and tnas[tc• G p Room 208 S" x 9" tm floor file and mnm[ic• G p p Room 306 9' x 9 n" the and mastic• G P Q - Room 206 9' x 9" um floor tile and mastic— Raam 207 9" x 9' tan floor tile aui mastic i G Q Room 209D 9' x 9" ten floor tiie mid mastic' G G Roam 21 I 9" x 9" tan floor Gie aM mastic• G I p--"--v—'— Room 211 9" z 9" ten floor file and mastic• . G G Rocn�77-s 9'x9" tat floor tits and mastc• G I G 9` x 9" tan floor tile and mmtic• G 9"X 9" tan floor tile and mastic. G 9" x 9" tao floc; tile and mastic• p p -- - 9' x 9' tm floor tile and mastic• O . -:;m • Rwe 2l a 9"X 9" um floor tile ted mastic• G I Q '.. N. ':,x -Room 7.10 9"x9"tan floor file std mm�tic• C P .. {_:cr- Room 20a 9• x 9" far, floor the and mastic. G !D d Sailc U;ultr000rmi; - Bieck G G p 1.1! Ascan Due exps-rasion joint cid& G �0 Gl� -N_c s?f Signattme o,,"Person Completing Report Title of Peraon Completing Repnn. • j,2yterial Condition Coloaories: ° • Potential DeyZr Cztpgor v PMC- Previous Material Condition NPD - Nn Pemliai Damage CMC = Current Material Condi^ion PD Patootal Damage G Good[No Damage PSD ® Potential SigrJficanm Damage D = Damage SD a Slgmflczn! Daamagc Stantec THIS BID IS SUBMITTED TO: City of New Hope City Clerk 4401 Xylon Avenue North New Hope, MN 55428 BIDDER: LSI►V C6CT �' )1 tC. DOCUMENT 00 41 10 BID FORM WINNETKA LEARNING CENTRE DEMOLITION PROJECT NO. 193802593 / CITY PROJECT NO. 911 CITY OF NEW HOPE, MINNESOTA 2013 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 Number Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or contiguous to, the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at, or contiguous to, the Site (except Underground Facilities) which have been identified in SC -4.02, and (2) reports and drawings of Hazardous Environmental Conditions that have been identified in SC -4.06. E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at, or contiguous to, the Site which may affect cost, progress, or performance of the work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) Bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. C 2013 Stantec 1193802593 004110-1 BID FORM G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement. 4.01 Bidder further represents that: A. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement as to any matters relating to such prices with any other Bidder or with any competitor for the purpose of restricting competition. B. The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to opening of the Bids. 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. 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: ax,. �a 2 $ 1 MOBILIZATION LS 1 $ �y' 2 TRAFFIC CONTROL LS 1 $ v $ 04) 3 INSTALL TEMPORARY JERSEY BARRIER (ACCESS CLOSURE) LF 20 $ /" $ 4 SECURITY FENCING INSTALLATION AND REMOVAL LS 1 $ $ 7=mac' tC ribs W 3' 5 7940 55TH AVENUE NORTH BUILDING DEMOLITION LS 1 $ $ © 2013 Stantec 1193802593 004110-2 BID FORM No. Item Units Qty Unit Price Total Price 6 HAZARDOUS MATERIAL ABATEMENT LS 1 $ ✓ 1&ypct $ /„c�-'' 2 /Oa• 7 REMOVE CONCRETE CURB & GUTTER LF 2,440 $ EA $ '�5 Z , "' 8 REMOVE CONCRETE SIDEWALK SF 5,900 $ 2DZ.1 . J $ 7,1el g7©L 9 RECLAIM BITUMINOUS SURFACING SY 9,260 $n• 2S $ 07 10 REMOVE LIGHT STANDARD, FOOTING & FIXTURE EA 18 $ /9.s; pp $ S/U: 11 REMOVE BASKETBALL HOOP EA 1 $ �+7.�C $ a S.°• $ aS cc 12 REMOVE BIKE RACK EA 1 $ uZ JI $ 13 BULKHEAD SANITARY SEWER SERVICE EA 1 $ /,j oo -oy $ / j op cL 14 PLUG WATER MAIN SERVICE EA 1 $ jeC �� $ jpp.oc 15 REMOVE STORM SEWER PIPE LF 200 $ "1 ca $ 50r.06 16 REMOVE STORM STRUCTURE EA 4 $ ( $ Toa_ cc 17 BULKHEAD STORM SEWER PIPE EA 2 $ $ 18 REMOVE 6,000 GALLON UNDERGROUND STORAGE TANK EA 1 $ �, /Oct cp $ d oc- 19 TRANSPORTATION AND DISPOSAL OF RESIDUAL FUEL AND GAL 3,000 $ �-So oa $ ✓�W- PETROLEUM SLUDGE 20 REMOVE MONUMENT SIGN EA 1 $ i, ow, Ce $ boo as 21 REMOVE BALL FIELD SIGN 22 REMOVE MISCELLANEOUS SIGNS LS 1 $ /Oa• $ 23 REMOVE TREE EA 6 $ c'L; 24 SILT FENCE LF 500 $ 3'0° $ r 25 INLET PROTECTION EA 7 $ Oo (v e $ n o -7 26 TEMPORARY ROCK CONSTRUCTION ENTRANCE TN 40 $ aS cc $ % pDo O� 27 STREET SWEEPER WITH POWER BROOM HR 15 $ %.! h, $ 28 REMOVE PLAYGROUND EQUIPMENT & FOOTINGS LS 1 $ ; 80„. $ /, for. 06 © 2013 StantK 1193802593 0041 10-3 BID FORM No. Item Units Qty Unit Price Total Price 29 REMOVE CHAIN LINK FENCE 30 HYDROSEED WITH MULCH TOTAL BASE BID: i LS 1 $ 5 �D Cb AC 2 $ 6✓ $ ;25Y,7., rt< © 2013 Stantec 1 193802593 0041 10-4 BID FORM 6.01 Bidder agrees that the Work will be Substantially Completed and completed and ready for Final Payment in accordance with Paragraph 14.07.8 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. If Bidder Is: A Corporation SUBMITTED on 2014. Corporation Name: � � (XVA tilt�EAL) State of Incorporation: I ✓I V}a°j0 Type (General Business, Professional, Serr'ce, rr ted Liability): �9'�ir tC���i tVj,tSl�IQ.S S By: Name (typed or printed): ' ° 1 `r—W e ( Lo6- v,-7 Title: AV Attest _ AN:oo Ap ill "' -P4L (CORPORATE SEAL) ignature of Corporate Secretary) �!'eT�or�S`Ft'e C'Uf�Ure S?_cle. i Business Street Address (No P.O. Box #'s): 46 SpA 3rd SirPef Phone No.: Zfl _ &S'3— ll4614 Fax No.; Email: N1G�e L,,Io vYc Jy pq,`yuc4lov7.co✓r) © 2013 Stall 1193802593 0041 10-5 BBD FORM An Individual A Partnership Name (typed or printed): By: (Individual's signature) Doing business as: Business Street Address (No P.O. Box #'s): Phone No.: Partnership Name: By: Name (typed or printed): Fax No.: (Signature of general partner) Business Street Address (No P.O. Box #'s): Phone No.: Fax No.: (SEAL) © 2013 StantK 1 193802593 0041 10-6 BID FORM A Joint Venture I Joint Venture Name: I By: Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: By: (Signature) Name (typed or printed): Title: Business Street Address (No P.O. Box Ws): (Signature of joint venture partner) Fax No.: Phone No.: Fax No.: t Phone and Fax Number, and Address for receipt of official communications: i i (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 I I 1 © 2013 Stantec 1 193802593 004110-7 11 BID FORM THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Landwehr Construction Inc. P.O. Box 1086 St. Cloud MN 56302 as Principal, hereinafter called the Principal, and Western Surety Company 333 S. Wabash Ave. Chicago, IL 60604 a corporation duly organized under the laws of the State of WC as Surety, hereinafter called the Surety, are held and firmly bound unto City of New Hope New Ho e, MN as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5/0 ). 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 Winnetka Learning Center Demolition -City Project No. 911 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 Sandra M. Doze 7th day of January 1 2014 /y Western AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERIC INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 State of MINNESOTA ) County of to me personally known, is the of LANDWEHE ACKNOWLEDGMENT OF CORPORATION On this 7th day of January 2014 before me appeared i t Alae l l✓ L�; l who, being by me duly sworn, did say that he 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 (1)1(-b\a,6 Lv Iyyyw-' acknowledged said instrument to be the free act and deed of said corporation. 0�,q�r�•' SUE WATKINS NOTARY PUBLIC -MINNESOTA @7?'1 M, SpmmWon Evhs Jv. 91,2015 State of MINNESOTA Notary Public County, My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY ) ss. On this 7th day of January 2014 County of HENNEPIN ) before me appeared Joshua R. Loftis to me personally known, who, being by me duly sworn, did say that _he is the Attorney -in -Fact of_ WESTERN SURETY COMPANY a 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 Joshua R. Loftis acknowledged said instrument to be the free act and deed of said corporation. ,-'/ /7 IR,,:SANDRA Notary Public M. DOZE My commission PUBLIC-MINNESOTA ssion Evprtes Jan. 31,2016 b 1 expires County, 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 Palls, 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, R Scott Egginton, John E Tamer, Linda K French, D R Dougherty, Jack Cedarleaf II, Kurt C Lundblad, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Melinda C Blodgett, Individually of Minneapolis. MN. its true and lawfid Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney. pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof. WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of May. 2013. State of South Dakota1 ss County of Minnehaha I On this 9th day of May. 2013, before me personally tante Paul 'f. Bruflat, to me known. who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so alti.xed 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 sante to be the act and decd of said corporation. MN commission expires r J. MOHR i r r NOTARY PUBLIC .lune 23- 2013 i .. SOUTH DAKOTA SEAL d , f r .wri 1�.•.v.yvn.t�.+�.e�.��.wwv. .1_ Mohr. Notary Public CERTIFICATE I. I.. Nelson. Assistant Secretarc of WESTERN SURF_IY COMPANY do hereby certitj that the Poocr of Auomcc hereinahnve ul loth is still in force. and further certifc that the BN -Law of the corporation printed on the reverse hereof is still in torte. In testimmny whereof I have hercunin subscribed ntc name and atlixcd the sed of the said corporation this 7111 dap of January. 2014. WESTERN SURETY COMPANY xF `/ c fP a= o•S. .1P> .•.,�jN'o �µ�I. L. Nikon. Assistant Sccretan I°arm N280 i -00I 2 WESTERN SURETY COMPANY .~aETlw tau eiiiSf Ax' �: aul'f. Bnttla[, Vice President State of South Dakota1 ss County of Minnehaha I On this 9th day of May. 2013, before me personally tante Paul 'f. Bruflat, to me known. who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota: that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument: that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so alti.xed 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 sante to be the act and decd of said corporation. MN commission expires r J. MOHR i r r NOTARY PUBLIC .lune 23- 2013 i .. SOUTH DAKOTA SEAL d , f r .wri 1�.•.v.yvn.t�.+�.e�.��.wwv. .1_ Mohr. Notary Public CERTIFICATE I. I.. Nelson. Assistant Secretarc of WESTERN SURF_IY COMPANY do hereby certitj that the Poocr of Auomcc hereinahnve ul loth is still in force. and further certifc that the BN -Law of the corporation printed on the reverse hereof is still in torte. In testimmny whereof I have hercunin subscribed ntc name and atlixcd the sed of the said corporation this 7111 dap of January. 2014. WESTERN SURETY COMPANY xF `/ c fP a= o•S. .1P> .•.,�jN'o �µ�I. L. Nikon. Assistant Sccretan I°arm N280 i -00I 2 I 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, ami 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. I1 J s0 -! Minnesota Department of t", HUMAN RIGHTS 14 CERTIFICATE OF COMPLIANCE LANDWEHR CONSTRUCTION, INC. is hereby certified as a contractor by the Minnesota Department of Human Rights. This certificate is valid from 7/9/2012 to 719/2014. This certification is subject to revocation or suspension prior to its expiration if the department issues a finding of noncompliance or if your organization fails to make a good faith effort to implement its affirmative action plan. Minnesota Department of Human Rights FOR THE DEPARTMENT BY: `- 0• I Kevin M. Lindsey, Commissioner AN EQUAL OPPORTUNITY EMPLOYER Freeman Building • 625 Robert Street North = Saint Paul, Minnesota 55155 Tel 651.539.1100 > TTY 651.296.1283 ^ Toll Free 1.800.657.3704 Fax 651.296.9042 ^ www.humanrights.state.mn.us SECTION 00 52 10 AGREEMENT FORM THIS AGREEMENT is by and between the City of New Hope Minnesota (hereinafter called Owner) and Landwehr Construction. Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: building demolition. ARTICLE 2 — THE PROJECT 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: Demolition of the existing building at 7940 55th Avenue North for the City of New Hope, Minnesota. ARTICLE 3 — ENGINEER 3.01 The Project has been designed by Stantec (Engineer), who is to act as Owner's representative, assume all duties and responsibilities, and will have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence 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 Substantia[ Completion and Final Payment A. The Work will be substantially completed on or before April 11, 2014, and completed and ready for Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before May 2, 2014. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 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 $500 for each day that expires AGREEMENT FORM © 2013 Stantec 1 193802593 005210-1 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: A. For all Work at the prices stated in Contractor's Bid, attached hereto as an exhibit. The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. B. Original Contract Amount is based on Two Hundred Fifty -Nine Thousand, Seven Hundred Thirty - Eight Dollars and No Cents ($259,738.00) for the Total Base Bid. ARTICLE 6 — PAYMENT PROCEDURES 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). 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 14.02.85 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment 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. AGREEMENT FORM © 2013 Stantec 1 193802593 0052 10-2 ARTICLE 7 — INTEREST 7.01 All moneys not paid when due, as provided in Article 14 of the General Conditions, shall bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 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 relating to existing surface or subsurface structures at the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Supplementary Conditions as containing reliable "technical data." E. Contractor considered the information known to Contractor, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work, (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precaution programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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 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. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. © AGREEMENT FORM 2013 Stantec 1 193802593 005210-3 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 as listed in the table of contents of the Project Manual. 6. Drawings bearing the following general title: Winnetka Learning Center Building Demolition, City Project No. 911. 7. Addendum No. 1. 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). 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. AGREEMENT FORM © 2013 Stantec 1 193802593 0052 10-4 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. AGREEMENT FORM © 2013 Stantec 1 193802593 005210-5 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their Nhalf. This Agreement will be effective on 2014 (which is the Effective Date of the Agreement). Owner: City of o e, Minnesota .i BY: �- Attest: ! L-tx� Address for giving notices: ,17Y OF NEIN HOPE `' _+ HOVE, MN 55428 Designated RWARO DONALD CITY `a f� id .. 'i . ,= . Address: rN r— R Phone: 763-531-5136 Facsimile: Contractor: Landwehr Construction, Inc. By: Mi clAaet I DVty maul Pr e5i At d. u-IfOV�J 1C " r'1 S2U e4Gr� Addre s f r giving notices: %. bkoo,,A V\AN 51�30L License No.: (Where Applicable) Designated Representative: Name: LAV1V)elMaV1V1 Title: VV0' jC&+ aq'ev Address: �12•0_ PJt* IDgb `71- Uoud VAN 5Uu O -L Phone: ()'z 2-5L- i'- q4 Facsimile: (3w) 2-5L- 2.3$0 END OF SECTION AGREEMENT FORM © 2013 Stantec 1 193802593 005210-6 Bond No. 929587196 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business): Landwehr Construction, Inc. 846 South 33rd Street Western Surety Company St. Cloud, MN 56301 333 Wabash Avenue OWNER (Name and Address): Chicago, IL 60604 City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONTRACT Effective Date of Agreement: January 17, 2014 Amount: $259,738.00 Description (Name and Location): Demolition of Existing Building at 7940 55th Avenue North BOND New Hope, MN Bond Number: 929587196 Date (Not earlier th_.,. Fa ,.r:.,e nate of JJ.......v u J Agreement): January 17, 2014 Amount: $259,738.00 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Landwehr Construction, Inc. (Seal) Western Surety Company (Seal) ,�-- Contractor's Name andJ,2 orate Seal Surety's Name and Corporate BY: By: Signature Signature (Attach ower of Attorney) Yylir�ultlt� L�Aymctln Print Name �V t"i � Title Attest:yta a Signaturl COr,_ Surxka�u Title Bruce N. Telander Print Name Attorney -in -Fact Title, Attest: A4 C 1 Signature Sandra M. Doe_) Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EICDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Cammitim 00 6113.13 Page 1 of Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balapce of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC 6610 Performance Bond (2007) Prepared by the Engineers Joint Contract noeumenB Committee. 00 6113.13 Paee 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6- Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to �urrLes as a defense in the iurs3lcilon of the Suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page- 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency oI BIoker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. Fifth St., #2800, Minneapolis, MN 55402 (612) 349-240 Owner's Representative (Engineer or other paro'): Ranter (Engineer), 233511 .36 E., St. Paul, MN 55113 651) 636-4600 EJCDC C-610 Performance Bond (2007) Prepared by the Engineers Joint Contract Documents Corundum 00 61 13.13 Paee 3 of 3 ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) On this 1-lkkA day of JayTOUvy 2014 County of ) before me appeared X)n A.\a(( to me personally known, who, being by me duly sworn, did say that he is the I r25i� vti of LANDWEHR CONSTRUCTION, 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 tMi(V'A/I LC�1vv1-YtQ acknowledged said instrument to be the free act and deed of said corporation. SUE"'ATKWS R-7 NOTAPYMISLIC -MINNESOTAMyC3M,ass,,. Expires Jan. 31,2015 State of MINNESOTA Notary Public County, My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY ) as. On this 17th day of January 2014 County of HENNEPIN ) before me appeared Bruce N. Telander to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of_ WESTERN SURETY COMPANY a 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 Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. LgNoTAPY SANDRA M. DOZE PUBLIC MINNESOTA My C3mmissi3n Esprtes Jan. 31, 2016 Notary Public My commission expires 12 : � irt:y...'! . .. .. .6: w v. �•F., �. _.. .. .. a 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, R Scott Egginton, John E Tauer, Linda K French, D R Dougherty, Jack Cedarleaf II, Kurt C Lundblad, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Melinda C Blodgett, Individually of Minneapolis, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of May, 2013. WESTERN SURETY COMPANY _��alcpe Dggi` o: CA v.4'rN uaµ°d' ""'^•+.W�'" A"Paul T. Bnlfla[, Vice President State of South Dakota County of I I ss On this 9th day of May, 2013, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + "`^^'"^"^"`�^'^""� $• ` J. MOHR { June 23. 2015 f 6E7 � NOTARY PUBLIC SEAL , SOUTH DAKOTA L Mohr. Notary Public ` I CERTIFICATE J 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 1 have hereunto subscribed Jmy name and affixed the seal of the said corporation this 17th day of January 2014. =3�SUkFTYc . 1 _Np�aeoagr��.iD 1pt ��rN OPK�fi .L Form F4280-72012 WESTERN SURETY COMPANY / 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. Bond No. 929587196 PAYMENTBOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Landwehr Construction, Inc. 846 South 33rd Street St. Cloud, MN 56301 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North CONTRACT 55428 Effective Date of Agreement: January 17, 2014 Amount: $259,738.00 SURETY (Name, and Address of Principal Place of Business): Western Surety Company 333 Wabash Avenue Chicago, IL 60604 Description (Name and Location): Demolition of Existing Building at 7940 55th Avenue North New Hope, MN BOND Bond Number: 929587196 Date (Not earlier than Effective Date of Agreement): January 17, 2014 Amount: $259,738.00 Modifications to this Bond Form: See page 3 of 3" Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL Landwehr Construction, Inc. (Seal) Contractor's Name az yo, Late By: ,Signature t' `I� I I IJ�Y IYINVAVI Print Name QYt�td�i'n Title Attest: _ ]gnah Corp. SP(;tr�iavu Title Western Surety Company Seal) Surety's N e and Corporate Se By: Signature (Attach Power of Attorney) Bruce N. Telander Print Name Attorney -in -Fact Attest: Title Signature Sandra M. Doze Surety Account Representative Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contmet Do meets Committee. 00 6113.16 Page 1 of 3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last famished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly, and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions: 6.1 Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contactor in the performance of the Contract are dedicated to satisfy obligations of Contactor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work EJCDC C-615 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 00 61 13.16 Paee 2 of 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and nrovisionc conforming to such statutory requirement shall he deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a fust -tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were fumished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied not waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Cobb Strecker Dunphy & Zimmermann, Inc., 150 S. Fifth St., #2800, Minneapolis, MN 55402 (612) 349-2400 Owner's Representative (Engineer or other): Stantec (Engineer), 2335 Hwy. 36 E., St. Paul, MN 55113 (651) 636-4600 "Modifications: Paragraph 6 of this bond is deleted in its entirety and replaced with the following provision: "Within a reasonable time (1) after the claimant has satisfied the conditions of paragraph 4 and (2) after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surely to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Setter's defenses under this Bond or their right to dispute such claim. However, in such event the claimant may bring suit against the Surety as provided under this Bond. EJCDC C4i15 Payment Bond (2007) Prepared by the Engineers Joint Contract Documents Committee. 0061 13.16 Page 3 of ACKNOWLEDGMENT OF CORPORATION State of MINNESOTA ) On this Ch, day of TOLY00vIA 2014 County of1 Wi )before before me appeared 6M<< V6 vv"cAn i to me personally known, who, being by me duly sworn, did say that he is the 1V ZI At4 of LANDWEHR CONSTRUCTION, 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 Y1giG�ntt<t �l�ny6�1141 acknowledged said instrument to be the free act and deed of said corporation. +g�"'" SUE WATKINS NOTARY PUMT MINNESOTA &, ioi51YCommissbn Expires Jsn O1, 2015 State of MINNESOTA G U� Notary Public County, My commission expires ACKNOWLEDGMENT OF CORPORATE SURETY ) ss. On this 17th day of January 2014 County of HENNEPIN ) before me appeared Bruce N. Telander to me personally known, who, being by me duly sworn, did say that he is the Attorney -in -Fact of_ WESTERN SURETY COMPANY a 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 Bruce N. Telander acknowledged said instrument to be the free act and deed of said corporation. I .k� a SANDRA M. DOZE s s - <7 NOTARY PUBLIC -MINNESOTA °j mc•4 My COmm1550o Expres Jan JI, 2016 r ■ Notary Public My commission expires County, t << . ..�4nr.Y.n'W.•. � �.. .., ., 4 � 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, R Scott Egginton, John E Tauer, Linda K French, D R Dougherty, Jack Cedarleaf II, Kurt C Lundblad, Craig Remick, Jerome T Ouimet, Roger W Frank, Nicole Nelson, Rachel Thomas, Joshua R Loftis, Brian J Oestreich, Melinda C Blodgett, Individually of Minneapolis, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 9th day of May, 2013. so'ti'eryw, WESTERN SURETY COMPANY J4- v. `4Pt aul T. Brufla[, Vice President State of South Dakota 1 ss )j County of Minnehaha On this 9dt day of May, 2013, 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, Stale of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOBR } June 23-2011 aEAI NOTARY PUBLIC s^EAt { ,r SOUTH DAKOTA j[ CERTIFICATE d I I. Mohr. Notary Public 1. L Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify- that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17th day of January.. 2014. ,+....ET}0. WESTERN SURETY COMPANY -- pO P Agr n I.- Nelson- A,sislam Secrelary Form F4280-7-2012 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. This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by A C w uc ero IAunu.. or lxG�xaAlea CPom4gEs SCEAmerican Society of Civil Engineers AMERICAN COUNCIL OF 4 National Society of Professional Engineers Professional Engineers in Privale Practice COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by IV CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 OS These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 ww wmpe. ore American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asee.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.ag_c.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definition and Terminology................................................................................................. 1 1.01 Defined Terms.................................................................................................................... 1 1.02 Terminology........................................................................................................................5 Article2 — Preliminary Matters............................................................................................................... 6 2.01 Delivery of Bonds and Evidence of Insurance...................................................................... 6 2.02 Copies of Documents.......................................................................................................... 6 2.03 Commencement of Contract Times; Notice to Proceed........................................................ 6 2.04 Starting the Work................................................................................................................ 7 2.05 Before Starting Construction............................................................................................... 7 2.06 Preconstruction Conference; Designation of Authorized Representatives ............................. 7 2.07 Initial Acceptance of Schedules........................................................................................... 7 Article 3 — Contract Documents: Intent, Amending, Reuse........'............................................................ 8 3.01 Intent.................................................................................................................................. 8 3.02 Reference Standards............................................................................................................ 8 3.03 Reporting and Resolving Discrepancies............................................................................... 9 3.04 Amending and Supplementing Contract Documents............................................................ 9 3.05 Reuse of Documents......................................................................................................... 10 3.06 Electronic Data................................................................................................................. 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points................................................................................................. 11 4.01 Availability of Lands......................................................................................................... 11 4.02 Subsurface and Physical Conditions................................................................................... 11 4.03 Differing Subsurface or Physical Conditions...................................................................... 12 4.04 Underground Facilities......................................................................................................13 Contractor's Insurance...................................................................................................... 4.05 Reference Points............................................................................................................... 14 4.06 Hazardous Environmental Condition at Site...................................................................... 14 Article 5 — Bonds and Insurance........................................................................................................... 16 5.01 Performance, Payment, and Other Bonds........................................................................... 16 5.02 Licensed Sureties and Insurers........................................................................................... 16 5.03 Certificates of Insurance.................................................................................................... 17 5.04 Contractor's Insurance...................................................................................................... 17 5.05 Owner's Liability Insurance............................................................................................... 19 5.06 Property Insurance............................................................................................................ 19 5.07 Waiver of Rights............................................................................................................... 20 5.08 Receipt and Application of Insurance Proceeds.................................................................. 21 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 72 5.09 Acceptance of Bonds and Insurance; Option to Replace. 5.10 Partial Utilization, Acknowledgment of Property Insurer Article 6 - Contractor's Responsibilities........................................................... 6.01 Supervision and Superintendence.................................................. 6.02 Labor; Working Hours.................................................................. 6.03 Services, Materials, and Equipment ............................................... 6.04 Progress Schedule......................................................................... 6.05 Substitutes and "Or-Equals".......................................................... 6.06 Concerning Subcontractors, Suppliers, and Others ........................ 6.07 Patent Fees and Royalties.............................................................. 6.08 Permits.......................................................................................... 6.09 Laws and Regulations................................................................... 6.10 Taxes............................................................................................ 6.11 Use of Site and Other Areas......................................................... 6.12 Record Documents........................................................................ 6.13 Safety and Protection.................................................................... 6.14 Safety Representative.................................................................... 6.15 Hazard Communication Programs ................................................. 6.16 Emergencies.................................................................................. 6.17 Shop Drawings and Samples........................................................ 6.18 Continuing the Work.................................................................... 6.19 Contractor's General Warranty and Guarantee .............................. 6.20 Indemnification............................................................................ 6.21 Delegation of Professional Design Services .................................. Article 7 - Other Work at the Site................................................................... 7.01 Related Work at Site.................................................................... 7.02 Coordination................................................................................ 7.03 Legal Relationships...................................................................... Article 8 - Owner's Responsibilities..................................................... 8.01 Communications to Contractor .......................................... 8.02 Replacement of Engineer ................................................... 8.03 Furnish Data..................................................................... 8.04 Pay When Due.................................................................. 8.05 Lands and Easements; Reports and Tests ........................... 8.06 Insurance.......................................................................... 8.07 Change Orders.................................................................. 8.08 Inspections, Tests, and Approvals ..................................... 8.09 Limitations on Owner's Responsibilities ............................ 8.10 Undisclosed Hazardous Enviromnental Condition .............. 8.11 Evidence of Financial Arrangements .................................. 8.12 Compliance with Safety Program ....................................... Article 9 - Engineer's Status During Construction.......... 9.01 Owner's Representative .............................. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. ... 21 ... 22 ............... 22 ............... 22 ............... 22 ............... 23 ................ 23 ................ 23 ................ 26 ................ 27 ................ 28 ................ 28 ................ 28 ................ 28 ................ 29 ................ 29 ................ 30 ................ 31 ................ 31 ................ 31 ................ 33 ................ 33 ................ 34 ................ 34 ... 35 ... 35 ...36 ... 36 ............ 36 ............ 36 ............ 37 ............ 37 ............ 37 ............ 37 ............ 37 ............ 37 ............ 37 ............ 37 ............ 38 ............ 38 ............ 38 I 00 72 05 9.02 Visits to Site..................................................................................................................... 38 9.03 Project Representative....................................................................................................... 39 9.04 Authorized Variations in Work.......................................................................................... 39 9.05 Rejecting Defective Work................................................................................................. 39 9.06 Shop Drawings, Change Orders and Payments.................................................................. 39 9.07 Determinations for Unit Price Work.................................................................................. 40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................. 40 9.09 Limitations on Engineer's Authority and Responsibilities................................................... 40 9.10 Compliance with Safety Program....................................................................................... 41 Article 10 - Changes in the Work; Claims............................................................................................. 41 10.01 Authorized Changes in the Work....................................................................................... 41 10.02 Unauthorized Changes in the Work................................................................................... 41 10.03 Execution of Change Orders.............................................................................................. 41 10.04 Notification to Surety........................................................................................................ 42 10.05 Claims...............................................................................................................................42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................ 43 11.01 Cost of the Work.............................................................................................................. 43 11.02 Allowances....................................................................................................................... 46 11.03 Unit Price Work................................................................................................................ 46 Article 12 - Change of Contract Price; Change of Contract Times ........................................................ 47 12.01 Change of Contract Price.................................................................................................. 47 12.02 Change of Contract Times................................................................................................. 48 12.03 Delays...............................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work .................. 49 13.01 Notice of Defects.............................................................................................................. 49 13.02 Access to Work................................................................................................................. 49 13.03 Tests and Inspections........................................................................................................ 49 13.04 Uncovering Work.............................................................................................................. 50 13.05 Owner May Stop the Work............................................................................................... 51 13.06 Correction or Removal of Defective Work........................................................................ 51 13.07 Correction Period.............................................................................................................. 51 13.08 Acceptance of Defective Work.......................................................................................... 52 13.09 Owner May Correct Defective Work................................................................................. 52 Article 14 - Payments to Contractor and Completion........................................................................... 53 14.01 Schedule of Values............................................................................................................ 53 14.02 Progress Payments............................................................................................................ 53 14.03 Contractor's Warranty of Title.......................................................................................... 56 14.04 Substantial Completion...................................................................................................... 56 14.05 Partial Utilization ..............................................................................................................57 14.06 Final Inspection................................................................................................................. 58 14.07 Final Payment.................................................................................................................... 58 14.08 Final Completion Delayed................................................................................................. 59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved 00 72 05 14.09 Waiver of Claims.......................................................................... Article 15 — Suspension of Work and Termination ........................................... 15.01 Owner May Suspend Work.......................................................... 15.02 Owner May Terminate for Cause .................................................. 15.03 Owner May Terminate For Convenience ...................................... 15.04 Contractor May Stop Work or Terminate ..................................... Article 16 — Dispute Resolution....................................................................... 16.01 Methods and Procedures.............................................................. Article 17 — Miscellaneous............................................................................... 17.01 Giving Notice............................................................................... 17.02 Computation of Times.................................................................. 17.03 Cumulative Remedies................................................................... 17.04 Survival of Obligations................................................................. 17.05 Controlling Law........................................................................... 17.06 Headings...................................................................................... ........ 59 ............................... 60 ............................... 60 ............................... 60 ............................... 61 ............................ 61 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. An rights reserved. Pape iv .62 .62 00 72 05 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 2 of 62 25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof. 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee3 of 62 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being fin-nished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part 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. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 4 of 62 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence oflnsurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee6 of 62 Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference, Designation of Authorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 7 of 62 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. 1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 8 of 62 00 72 05 employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as maybe otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 9 of 62 B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data firrnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 10 of 62 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pagell of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 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 Tunes by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 12 of 62 00 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 13 of 62 consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC..11l rights reserved. Peet, 15 of 62 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. L The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the Est of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attomey-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C•700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 16 of 62 00 72 05 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. 5.04 Contractor's Insurance A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 00 72 05 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 18 of 62 _ 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischie% earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer; 5. allow for partial utilization of the Work by Owner; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paae 19 of 62 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. 5.07 Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. a EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 00 72 05 ` B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace f A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.0I.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 famish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" f A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless ` the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 24 of 62 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal' at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), 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 fist thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paue 26 of 62 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the p Work to be performed by any specific trade. G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. 6.07 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the ,J EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Psee 27 of 62 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 28 of 62 00 72 05 responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. i 6.12 Record Documents A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of v� their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 29 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 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. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee30 of 62 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. 2. Samples: a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review: 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures: 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: I. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 33 of 62 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of. 1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. EdCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 34 of 62 7205 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 35 of 62 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. PaeeM of 62 00 72 05 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 37 of 62 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paine 38 of 62 00 72 05 9.03 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. j 9.05 Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 40 of 62 C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 41 of 62 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. CostsIncluded.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 43 of 62 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pnee 44 of 62 property insurance established in accordance with Paragraph 5.06.13), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EXEC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 45 of 62 05 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I 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: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 46 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, 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 12.0l.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1 and 11.0I.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0t.A.3, the Contractor's fee shall be five percent; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.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 11.0l.A.4, 11.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.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 by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 00 72 05 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. Ali rights reserved. Pane 49 of 62 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa¢e 50 of 62 parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 51 of 62 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pose 52 of 62 B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 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 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 indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 54 of 62 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.13.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.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 furnishing of the Work; EJCDC C•700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 55 of 62 b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1 and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 56 of 62 certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 0072 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: 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 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 58 of 62 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pate 60 of 62 _ remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee61 of 62 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: I. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 62 of 62 delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of� any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 63 of 62 SECTION 00 73 05 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof. The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added thereto. ARTICLE 1- DEFINITIONS AND TERMINOLOGY SC -1.01.A44 Add the following language at the end of the definition of Substantial Completion: The Work is considered Substantially Complete when the following have been completed: 1. All demolition and removal work. 2. Utility disconnects. 3. Restoration. SC -1.02 Add the following new paragraph immediately after Paragraph 1.02.F: G. The Specifications are written in imperative mood and streamlined form. This imperative language is directed to the Contractor, unless specifically noted otherwise. The words "shall be" are included by inference where a colon (:) is used within sentences or phrases. ARTICLE 2 - PRELIMINARY MATTERS SC -2.02 Owner shall furnish to Contractor 1 printed copy and 1 electronic (PDF) version of the Contract Documents. Additional printed copies may be obtained as directed in the Advertisement for Bids. Limitations of use of electronic and printed documents are described in the Instructions to Bidders, General Conditions. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC -4.02 Add the following new paragraphs immediately after Paragraph 4.02.8: C. Reports of explorations and tests are provided and listed in the Section 00 31 00, Available Project Information. ARTICLE 5 - BONDS AND INSURANCE SC -5.01 Add the following new paragraph immediately after Paragraph 5.01.C: D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC Form C-610 and C-615 (2007 Edition) or a similar bond form if approved by Owner. SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193802593 007305-1 SC -5.04 Add the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under Paragraphs 5.04.A.1 and A.2 of the General Conditions a. State Statutory b. Applicable Federal (e.g., Longshoreman's) Statutory c. Employer's Liability $1,000,000 2. Contractor's General Liability under Paragraphs 5.04.A.3 through A.6 of the General Conditions, which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor a. General Aggregate $2,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $2,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate $1,000,000 2) Each Occurrence $1,000,000 Umbrella excess liability shall be a combined single limit which shall provide excess liability insurance over Commercial General Liability, Comprehensive Automobile Liability, and Employers Liability. 3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions: a. Combined Single Limit - Bodily injury and property damage. All owned, non -owned, and hired vehicles. $2,000,000 4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: a. Bodily Injury: Each Person $1,000,000 Each Accident $1,000,000 b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 5. The following persons or entities shall be included as additional insured on the Commercial Liability, Comprehensive Automobile Liability, and Umbrella Excess Liability. This coverage shall be primary and noncontributory: a. Owner b. Engineer SC -5.06.A Amend the first sentence of Paragraph 5.06.A to read: A. Contractor shall purchase and maintain during the entire construction period a Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire Work at the Site. The insurance policy shall comply with the provisions of Paragraph 5.06.A1 through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this insurance and the risk of loss of the applicable deductible shall be born by Contractor, subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09, and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as their interest may appear and adjust the loss with the insurance company. SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193802593 007305-2 SC -5.06.A Add the following new item immediately after Item 5.06.A7: 8. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and buildings only. The requirements of this Section shall be waived on projects involving only underground utilities, grading, street improvements, and similar construction work but any damage or loss to property shall be at the sole responsibility of Contractor until final acceptance of the Work. 9. Comply with the requirements of Paragraph 5.06C of the General Conditions. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES SC -6.06 Add the following new paragraphs immediately after Paragraph 6.06.G: H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of payment for undisputed services provided by the subcontractor, supplier, or other entity. Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor, supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or other entity who prevails in a civil action to collect interest penalties from a Contractor must be awarded its costs and disbursements, including attorney's fees included in bringing the action. I I. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by a particular Subcontractor or Supplier. SC -6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the Supplementary Conditions" with the words "Division 01." SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing subsequent submittals of Shop Drawings, samples, or other items requiring approval and Contractor shall reimburse Owner for Engineer's charges for such time. G. In the event that Contractor requests a change of a previously approved item, Contractor shall reimburse Owner for Engineer's charges for its review time unless the need for such change is beyond the control of Contractor. SC -6.19.A Delete the words `representation of" in the second sentence. ARTICLE 7 - OTHER WORK AT THE SITE ARTICLES - OWNER'S RESPONSIBILITIES ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION SC -9.03 Add the following new paragraphs immediately after Paragraph 9.03.A: B. Engineer shall furnish a Resident Project Representative ("RPR') to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. © 2013 Stantx 193602593 SUPPLEMENTARY CONDITIONS 007305-3 C. The duties and responsibilities of the RPR are limited to those of Engineer in the Agreement with the Owner and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is Engineer's agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer. 2. Schedules: Review the progress schedule, schedule of Submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as Engineer's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist Engineer in serving as Owner's liaison with Contractor when Contractor's operations affect Owners on Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples, which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8. Review of Work and Rejection of Defective Work: a. Conduct on Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. SUPPLEMENTARY CONDITIONS © 2013 SW ntec 1 193802593 007305-4 b. Verify that tests, equipment, and systems start-ups and operating and 1 maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent l to the execution of the Contract, Engineer's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses and telephone numbers of Contractor, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11. Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Submittals. b. Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system startup reports. d. Report immediately to Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting g particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14. Completion: a. Before Engineer issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. SUPPLEMENTARY CONDITIONS © 2013 Stante 1193802593 007305-5 c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of Engineer's authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of Owner or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off Site by others, except as specifically authorized by Engineer. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. 8. Authorize Owner to occupy the Project in whole or in part. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS SC -10.05.6 Amend the first sentence of Paragraph 10.05.6 by replacing the words "30 days" with the words "10 days." Amend the third sentence of Paragraph 10.05.8 by replacing the words "60 days" with the words "30 days." ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK SC-11.01.A.5.c Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place: c. Construction Equipment and Machinery: 1) Rentals of all construction equipment and machinery, and the parts thereof in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 2) Costs for equipment and machinery owned by Contractor will be paid at a rate shown for such equipment in the [Use rate book appropriate for the Project]. An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. Costs will include the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading, assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, shall cease to accrue when the use thereof is no longer necessary for the changed Work. Equipment or machinery with a value of less than $1,000 will be considered small tools. SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193802593 007305-6 SC -11.03 Delete paragraph 11.03.D in its entirety and insert the following in its place: D. Payment for the Bid Items on a Unit Price basis under this Contract shall be on the basis of quantities actually used in the construction, regardless of the estimated quantities shown in the Bid Form. No revision to the Contract Unit Prices for the Bid Items shall be considered or allowed due to variations of the actual quantities from the estimated amounts. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES SC -12.01.0 Contractor's Fee. Delete the semicolon at the end of GC 12.01.C.2.c, and add the following language: , provided, however, that on any subcontracted work the total maximum fee to be paid by Owner under this subparagraph shall be no greater than 27 percent of the cost incurred by the Subcontractor who actually performs the work. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one year" and inserting the words "two years." ARTICLE 14 - PAYMENTS TO CONTRACTORAND COMPLETION SC -14.02.B5 Add the following new item immediately after Item 14.02.B5d: e. Contractor's failure to make acceptable submittals in accordance with the accepted schedules. ARTICLE 16 - DISPUTE RESOLUTION SC -16.01 Delete Paragraph 16.01.0 in its entirety and insert the following in its place: C. If the claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.0 or 10.05.D shall become final and binding 30 days after termination of the mediation, unless within that time period Owner or Contractor: 1. elects in writing to demand arbitration of the claim, pursuant to Paragraph SC -16.02, or 2. agrees with the other party to submit the claim to another dispute resolution process. SC -16.02 Add the following new paragraph immediately after Paragraph 16.01: 16.02 Arbitration A. All claims or counterclaims, disputes, or other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of Final Payment as provided by Paragraph 14.09), including but not limited to those not resolved under the provisions of Paragraphs SC -16.01.A and 16.01.8, will be decided by arbitration in accordance with the Construction Industry Dispute Resolutions Procedures of the American Arbitration Association then in effect subject to the conditions and limitations of this Paragraph SC -16.02. This agreement to arbitrate and any other agreement or consent to SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193802593 007305-7 arbitrate entered into will be specifically enforceable under the prevailing law of any court having jurisdiction. B. The demand for arbitration will be filed in writing with the other party to the Contract and with the selected arbitrator or arbitration provider and a copy will be sent to Engineer for information. The demand for arbitration will be made within the 30 -day period specified in Paragraph SC -16.01.0 and in all other cases within a reasonable time after the claim or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim or other dispute or matter in question would be barred by the applicable statue of limitations. C. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder, or in any other manner any other individual or entity (including Engineer, Engineer's consultants and the officers, directors, partners, agents, employees, or consultants of any of them) who is not a party to this Contract, unless: 1. the inclusion of such other individual or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 2. such other individual or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. D. The award rendered by the arbitrator(s) shall be consistent with the agreement of the parties in writing and include: (i) a concise breakdown of the award; (ii) a written explanation of the award specifically citing the Contract Document provisions deemed applicable and relied on in making the award. E. The award will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of the Controlling Law relating to vacating or modifying an arbitral award. F. The fees and expenses of the arbitrators and any arbitration service shall be shared equally by Owner and Contractor. END OF SECTION SUPPLEMENTARY CONDITIONS © 2013 Stantec 1 193802593 0073 05-8 SECTION O1 10 00 SUMMARY PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Basic description of the Project and Work restrictions. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUMMARY OF WORK A. Project Name: Winnetka Learning Center Building Demolition for the City of New Hope, Minnesota, City Project No. 911. B. Description of Work: Project consists of the demolition of the existing building at 7940 55h Avenue North. 1.04 COMPLETION DATES A. Substantial Completion: Set forth in the Agreement. B. Final Completion: Set forth in the Agreement. 1.05 LIQUIDATED DAMAGES A. Provisions for liquidated damages, if any, are set forth in the Agreement. 1.06 WORK RESTRICTIONS A. Use of Site 1. Location of construction facilities, staging areas, product stockpiles, material storage, and temporary construction shall be completed on the Site as shown in the Drawings within the property lines. 2. Contractor is responsible for snow removal and disposal from the Owner's property if necessary to maintain access and working space during construction. 3. Keep existing driveways and entrances clear and available to the public and to the Owner. 4. If additional space is needed, obtain and pay for such space off Site. B. Access to Site 1. Construction access shall only be at the two driveway locations identified on the Drawings. The east driveway north of 55th Avenue North shall be barricaded with jersey barriers. 2. Roads shall not be blocked during the construction. 3. No construction traffic will be allowed west of the westerly driveway as shown on the Drawings. SUMMARY © 2013 Stantec 1 193802593 011000-1 4. No parking on 55th Avenue North or Win netka Avenue will be allowed at anytime. All parking shall be on Site. 1.07 OTHER WORK AT SITE A. The disconnection of electric power, telephone lines, gas lines, and cable N by private utilities shall be coordinated by the Contractor. The Contractor is responsible for any costs for disconnections of private utilities. B. Allow private utility crews free access to the Site and a reasonable amount of time to complete their work. PART PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION SUMMARY © 2013 Stantec 1 193802593 01 1000-2 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Administrative and procedural requirements for allowances, Alternates, pricing of Work, and request for payment procedures. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 BID UNIT PRICES A. Provide access and assist Engineer in determining actual quantities of Bid Unit Price work. B. Provide documentation to substantiate Bid Unit Price work. C. If the Contractor delivers and places more of any material that is paid for on a Bid Unit Price basis than is required to perform the Work and thereby causes the materials to be wasted, the quantity wasted will be deducted from the final measurement for that Bid Item. 1.04 PAYMENT PROCEDURES A. Engineer will provide an initial Application for Payment Form. B. Submit 1 preliminary copy of progress payment application for review, consistent with Article 14 of the General Conditions. Submit 4 signed copies of Application for Payment to Engineer prior to the dates identified at the Preconstruction Conference. C. Attach the following supporting documentation, in addition to the requirements of General Conditions Article 14: 1. Documentation to substantiate Bid Unit Price work. 2. Updated construction schedule consistent with Section 0133 00, PART PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PRICE AND PAYMENT PROCEDURES © 2013 Stantec 1193802593 012000-1 SECTION 01 31 00 PROJECT MANAGEMENT AND COORDINATION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. General requirements for overall Project coordination. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 UTILITIES A. Notify Gopher State One Call before starting construction in a given area requesting utility locates in the Site. B. Project Utility Sources: Coordinate Work with the following utility owners. The following utilities are known to be on the Site and are shown on the Drawings in a general way: 1. Water: Owner. 2. Sanitary Sewer: Owner. 3. Storm Sewer: Owner. 4. Electric: Xcel Energy. S. Gas: CenterPoint Energy 6. Telephone: ARVIG Communication Systems 7. Cable TV: Comcast C. Owner requires a 48-hour notice for all utility interruptions. 1.04 PERMITS A. Comply with the stipulations of the following permits, which have been applied for and will be furnished by the Owner: 1. MPCA Stormwater Discharges Associated With Construction Activities NPDES General Permit. B. Apply for, obtain, and comply with the provisions of the following permits, which the Owner will waive the permit application fee: 1. City Building Permit. C. Apply for, obtain, and comply with the provisions of the following permits: 1. UST Permit for Removal if applicable. D. Apply for, obtain, and comply with other permits, licenses, and approvals which may be required for the Project. E. Contractor is responsible for all costs associated with obtaining the required permits. PROJECT MANAGEMENT AND COORDINATION © 2013 Stantec 1193802593 013100-1 1.05 SURVEYING AND CONSTRUCTION OBSERVATION A. Provide Engineer a minimum of 48-hour notice in advance of the need for establishing lines, grades, measurements, grade checks, and observation of Work. 1.06 PROJECT MEETINGS A. Administrative Requirements 1. Project Superintendent or persons designated by the Contractor to attend and participate in the Project meetings shall have all required authority to commit the Contractor to solutions agreed upon in the Project meetings. 2. Engineer will set the time, sites, and prepare the agenda for the meetings. 3. Engineer will prepare meeting minutes and distribute 1 copy to Contractor. Notify Engineer of inaccuracies or discrepancies in the meeting minutes within 5 calendar days of receipt of the minutes. 4. The attendance and cooperation of subcontractors and suppliers may be required. B. Preconstruction Conference 1. Provisions for the Preconstruction Conference are set forth in the General Conditions. 2. Requirements for preconstruction submittals are set forth in the General Conditions. Submittal procedures shall be consistent with Section 01 33 00. C. Progress Meeting Procedures 1. Engineer will schedule construction progress meetings throughout the duration of the Project to assess the progress of the Work, identify and discuss Project related issues, and discuss near-term construction activities. PART PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION PROJECT MANAGEMENT AND COORDINATION © 2013 Stantec 1 193802593 013100-2 SECTION 01 33 00 SUBMITTAL PROCEDURES , PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. General procedures and requirements for submittals during the course of construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SEQUENCING AND SCHEDULING A. Schedule submittals consistent with the Contractor's schedule of shop drawings. PART PRODUCTS Not Used. PART 3 EXECUTION 3.01 CONSTRUCTION SCHEDULE A. Submit preliminary schedule and progress schedule consistent with the General Conditions. B. Prepare schedules showing overall sequence of construction. Organize the schedule by work activity, Identify separate stages of each work activity: 1. List work items in chronological sequence. Show beginning and completion dates of each activity. Include all activities with an estimated duration of 3 days or longer. 2. Format schedule as a horizontal bar chart. Provide separate bars for each activity or trade. 3. Provide space for revisions and notations. 4. Identify interrelations between activities. 5. Include estimated times for preparation of submittals by Contractor, processing and review of submittals by Engineer, fabrication, delivery, installation, testing, start-up, instruction of Owner, and clean-up. C. As Work progresses, revise, update, and resubmit schedule as requested by Engineer. At a minimum, update schedule with each Application for Payment. Show all activities started or finished since previous schedule was submitted and show percentage of completion for each activity. 3.02 EMERGENCY CONTACT LIST A. Before any Work at the Site is started, submit a typed list on 8.5 inch by 11 inch paper outlining 24-hour on-call contacts for the Project. This list shall include the Contractor's safety SUBMITTAL PROCEDURES © 2013 Stantec 1193802593 013300-1 representative, key representatives from the Contractor, subcontractors, and suppliers. Include the following information for each contact: 1. Company name. 2. Contact person(s). 3. Local and mobile phone numbers. 4. Fax number. 3.03 SHOP DRAWINGS AND MANUFACTURERS' INFORMATION A. Conform to the requirements of the General Conditions, except as modified herein. B. The minimum sheet size shall be 8.5 inches by 11 inches. Non -legible copies will not be reviewed. C. Submit a minimum of 3 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 the General Conditions, except as modified herein. E. Engineer will stamp shop drawings and indicate requirements for Contractor's review or resubmittal as follows: 1. "Approved" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. "Approved as Noted" — Appears that items covered by the submittal will, after installation or incorporation into the Work, conform to the Contract Documents and appears to be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, except as noted by Engineer. 3. "Revise and Resubmit" — Appears that items covered by the submittal will not, after installation or incorporation into the Work, conform to the Contract Documents and will not be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Work cannot proceed until the submittal is revised and resubmitted conforming to the resubmittal procedures described in 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 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 Specifications. SUBMITTAL PROCEDURES © 2013 Stantec 1193802593 0133 00-2 3.05 MATERIAL AND SAFETY DATA SHEETS A. Furnish Owner with current copies of Material Safety Data Sheets for all chemicals and products on Site. END OF SECTION SUBMITTAL PROCEDURES © 2013 Stantec 1 193802593 013300-3 SECTION 01 40 00 QUALITY REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Information required for conformance to regulatory requirements. 2. Quality assurance. 3. Procedures to measure and report the quality and performance of the Work. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. All Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCE STANDARDS A. Whenever reference is made to the Minnesota Department of Transportation Specifications, such reference shall mean "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) and all subsequent revisions and supplements. The word "Engineer" is understood to refer to the Engineer for the Owner. 1.04 SUBMITTALS A. Prior to start of Work, submit testing laboratory name for various specified tests for approval by Engineer. B. Laboratory test results or analysis. C. Manufacturer's certificates of quality control or performance. 1.05 WORKMANSHIP A. Comply with industry standards of the region, except where more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. 1.06 TESTS AND INSPECTIONS A. Conform to the requirements of the General Conditions, except as modified herein. B. Notify Engineer 48 hours prior to expected time for operations requiring tests and inspections. C. Provide incidental labor and facilities to obtain and handle samples at Site or source, transport samples to laboratory, facilitate tests and inspections for storing and curing of test samples. 1.07 LABORATORY REPORTS A. After each inspection and test, submit 3 copies of Laboratory Report to Engineer. QUALITY REQUIREMENTS © 2013 Stantec 1 193602593 014000-1 B. Include: Date issued, Project title and number, name of inspector, date and time of sampling or inspection, identification of product and Specifications Section, location in the Project, type of inspection or test, date of test, results of tests, and conformance with Contract Documents. 1.08 LABORATORY RESPONSIBILITIES A. Test samples and perform field tests. B. Provide qualified personnel. Cooperate with Engineer and Contractor in performance of services. C. Ascertain compliance with the requirements of the Contract Documents. D. When requested by Engineer, provide interpretation of test results. 1.09 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of Contractor. D. Laboratory has no authority to stop Work. 1.10 MANUFACTURER'S CERTIFICATES A. If requested by Engineer, submit manufacturer's certificate with shop drawings certifying that products meet or exceed specified requirements executed by responsible officer. 1.11 MANUFACTURER'S FIELD SERVICES A. Provide qualified representative to observe field conditions; conditions of surfaces and installation; quality of workmanship; start-up of equipment; and test, adjust, and balance of equipment. PART 2 PRODUCTS Not Used. PART 3 EXECUTION Not Used. END OF SECTION QUALITY REQUIREMENTS © 2013 Stantec 1 193802593 014000-2 I` SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Temporary utilities and miscellaneous temporary facilities required during construction. B. Products furnished but not installed under this Section or products installed but not furnished under this Section. C. Related Sections 1. Section 31 23 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This will be considered payment in full for all work and costs of this Bid Item. The amount of the Lump Sum Bid shall not exceed 5 percent of the Total Base Bid. a. Partial payment of the Lump Sum Bid Item "Mobilization" will be made using a percentage based on the following: 2. A Bid Item has been provided for Install Temporary Jersey Barrier (Access Closure). Measurement will be per lineal foot. Payment will include providing jersey barriers, placing at access points and moving jersey barriers as required for site security, until completion of the work. 3. A Bid Item has been provided for Security Fencing Installation and Removal. Measurement is Lump Sum. This shall be considered payment in full for all labor, equipment and materials associated with fencing to provide a secure site throughout Construction. 4. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1 193802593 015000-1 Cumulative Percent of Mobilization Item Paid First Partial Payment 50 Percent of original Contract amount earned - 25 70 Percent of original Contract amount earned - 50 90 Percent of original Contract amount earned -100 100 2. A Bid Item has been provided for Install Temporary Jersey Barrier (Access Closure). Measurement will be per lineal foot. Payment will include providing jersey barriers, placing at access points and moving jersey barriers as required for site security, until completion of the work. 3. A Bid Item has been provided for Security Fencing Installation and Removal. Measurement is Lump Sum. This shall be considered payment in full for all labor, equipment and materials associated with fencing to provide a secure site throughout Construction. 4. A Bid Item has been provided for Traffic Control. Measurement is Lump Sum. a. This shall be considered payment in full for all labor, equipment, and materials associated with the required Traffic Control devices for the entire Project. b. This Bid Item shall include but not be limited to furnishing, installing, and relocating the Traffic Control due to various road closures, daily maintenance, and ultimate removal of all such devices used over the duration of the Contract or as directed by the Engineer: TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1 193802593 015000-1 c. Partial payment of the Lump Sum Item "Traffic Control" will be made using a percentage hacPrl nn the follnwina, 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation'Standard Specifications for Construction," 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. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. TEMPORARY FACIL]TIES AND CONTROLS © 2013 Stantec 1 193802593 015000-2 Cumulative Percent of Traffic Control Item Paid First Partial Payment 50 Percent of original Contract amount earned — 25 70 Percent of original Contract amount earned — 50 90 Percent of original Contract amount earned — 100 100 5. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation'Standard Specifications for Construction," 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. C. Minnesota Department of Transportation Traffic Engineering Manual. 1.04 SUBMITTALS A. Construction Staging Plan consistent with Section 0133 00, including the following information: 1. Sequence of construction and traffic control. 2. Streets closed or restricted during any stage of construction. 3. Provisions for routing any detoured traffic as permitted. 4. Specific signs, striping, and other traffic control devices to be utilized. B. Traffic Management Plan consistent with Section 01 33 00, including the following information: 1. Haul and access routes. 2. Permits or applications required by local authorities. 3. Temporary facilities required. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 MOBILIZATION A. Move personnel, equipment, materials, and all other items required to complete the Work at the Site. B. Establish Contractor offices, building, or other facilities necessary for Work on the Project. C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs, power poles, guy wires, and mailboxes disturbed. TEMPORARY FACIL]TIES AND CONTROLS © 2013 Stantec 1 193802593 015000-2 3.02 TEMPORARY UTILITIES A. Provide and maintain all temporary facilities, utilities, and controls as long as needed for the safe and proper completion of the Work. Remove all temporary facilities, utilities, and controls as rapidly as progress will permit or as directed by Engineer. B. Temporary Water for Construction 1. Obtain water for construction from Owner at a hydrant. Obtain a meter and backflow prevent or assembly from Owner. Return to Owner at completion. There is no charge for meter use during construction. 2. Owner will pay for the costs of the water. 3.03 CONSTRUCTION FACILITIES A. Sanitary Facilities 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. 3.04 TRAFFIC CONTROL A. General 1. The Contractor shall provide and maintain all traffic control devices in accordance with the approved Construction Staging Plan. All traffic control devices and other protective measures shall conform to MMUTCD. 2. The Contractor will not be permitted to park vehicles as to obstruct a traffic control device. The parking of workers' vehicles will not be allowed within the Project limits, unless so approved by the Engineer. 3. The Contractor will not be permitted to store materials or equipment within 30 feet of through traffic, unless approved by the Engineer. If materials or equipment must be stored within 30 feet of through traffic, the Contractor shall provide barricades or barriers, as directed by the Engineer, to warn and protect traffic. 4. The Contractor shall conduct Work in a manner which will allow access to all properties within and adjacent to the Project by fire, police, and emergency vehicles. 5. The Contractor is responsible to maintain all unpaved Surfaces. The surface shall be watered and bladed as directed by the Engineer. B. Construction Staging Plan 1. Within 10 days following the approval of the Contract, the Contractor shall provide the Engineer with a Construction Staging Plan and a Traffic Management Plan. The Engineer may accept, reject, or suggest alterations to the plans. These plans shall reflect the following conditions: a. The Contractor shall provide a method of protecting traffic from open excavation areas. 2. All Contractors', subcontractors', and suppliers' mobile equipment, which are working in the lane closure or within 15 feet of the lane closure, shall be equipped with operable warning lights which meet the appropriate requirements of the SAE Specifications. This would include any vehicle which enters the traveled roadway at any time. The SAE Specification requirements are as follows: a. 360 -Degree Rotating Lights - SAE Specification 3845. TEMPORARY FACILITIES AND CONTROLS © 2013 Stante 1193802593 015000-3 b. Flashing Lights - SAE Specification 3595. c. Flashing Strobe Lights - SAE Specification 11318. C. Temporary Lane Closures 1. Temporary Lane Closures shall conform to the following: a. A "short-term" lane closure or traffic restriction shall be one that is in-place only during the Contractor's work hours. b. Temporary "short-term" lane closures by the Contractor, consistent with time restrictions, will be permitted during those hours and at those locations approved by the Engineer. Requests for "short-term" lane closures shall be made at least 24 hours prior to such closures. The Contractor shall furnish, erect, and maintain all traffic control devices required for these closures. No direct compensation will be made for temporary lane closures. c. Application of traffic control devices shall be in accordance with the Field Manual. d. Lane closures will not be permitted during inclement weather, nor any other time when, in the opinion of the Engineer, the lane closures will be a hazard to traffic. e. When a temporary lane closure is used by the Contractor, the closure shall be incidental work and no direct compensation will be made therefore. D. Traffic Control Devices 1. Daily inspect and insure that all traffic control devices required by the construction are in accordance with the MMUTCD. Any discrepancy between the actual devices in use and the required devices shall be immediately rectified. At least 1 nighttime inspection shall be made each week. 3.05 TEMPORARY BARRIERS AND ENCLOSURES A. Temporary Barriers 1. Provide temporary covers, enclosures, markers, and barriers as necessary to protect Work. 2. Damage to the Site caused by removal of temporary fencing, including postholes, shall be promptly repaired by Contractor. During removal at no time shall the Work remain unattended if a dangerous condition exists because of incomplete removal or Site repairing. B. Temporary Security Fence 1. Install as needed during the demolition of the existing buildings. 2. Maintain and repair fence throughout the duration of the Project. 3. Provide Owner and Engineer with keys or combinations to any locks that may be used to secure fencing gates. 3.06 ADDITIONAL TRAFFIC CONTROL DEVICES A. General 1. In addition to the traffic control devices shown on the Traffic Control Layouts, the Engineer may require more traffic control as traffic conditions may warrant. 2. The Contractor shall furnish the additional traffic control devices as ordered by the Engineer. 3. The devices shall be installed and maintained in a functional and/or legible condition at all times, to the satisfaction of the Engineer. END OF SECTION TEMPORARY FACILITIES AND CONTROLS © 2013 Stantec 1 193802593 015000-4 TRAFFIC CONTROL CHECKLIST ITEM HOW MANY? 1. Are any devices missing? []Yes ❑ No Do any devices need repair? []Yes ❑ No Were all replaced or repaired? ❑ Yes ❑ No 2. Are any lights (flashers, etc) not functioning? []Yes ❑ No Were they all replaced or repaired []Yes ❑ No 3. Are any devices improperly placed? ❑ Yes ❑ No Were all positions corrected? ❑ Yes ❑ No 4. Do any devices need cleaning? ❑ Yes ❑ No Where all devices cleaned? ❑ Yes ❑ No ADDITIONAL COMMENTS: The above check was completed by / title) on: at: FIAM ❑PM (date) (time) SECTION 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Managing storm water runoff and other Project related water discharges to minimize sediment pollution during construction. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for temporary measures to control soil erosion and sedimentation. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including installation, maintenance, sediment removal, repairs, and removals. 2. Measurement will be based upon the units as listed below for Bid Items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity installed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items. 80 -percent partial payment will be made upon installation and 20 -percent payment will be made upon removal and restoration. a. Silt Fence: Payment will be by type. Measurement will be along the base of the fence, from outside to outside of the end posts for each section of fence. b. Inlet Protection: Measurement will be by each installed in accordance with the details in the Drawings. c. Temporary Rock Construction Entrance: Measurement will be by weight of rock or wood mulch installed. Filter fabric and other materials shall be incidental. d. Water for Dust Control will be incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. B. Related Sections 1. Section 31 23 00 — Excavation and Fill. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2130 — Application of Water. 2. 2573 — Storm Water Management. 3. 2575 — Controlling Erosion and Establishing Vegetation. 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 0133 00. 1. NPDES permit inspection log resulting from weekly Site inspections. TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 1193802593 0157 13 -1 2. Amendments to the Stormwater Pollution Prevention Plan (SWPPP) for the Project. 3. Completed form for MPCA's Notice of Termination. B. Contractor Prepared Schedules and Plans 1. Erosion Control Schedule: Conforming to MnDOT Spec. 1717.21) and submitted each week that construction is active. 2. Site plans in conformance with MnDOT Spec. 1717.2E a. Submitted when requested by the Engineer. b. Site plans prepared by Contractor will indicate Contractor operations, erosion and sediment control measures, and a schedule of starting and completion times. C. Certification and Sampling 1. Furnish a manufacturer's certification stating that the material supplied conforms to the requirements of this Section. The certification shall include or have attached typical results of tests for the specified properties, representative of the materials supplied. 1.05 QUALITY ASSURANCE A. Erosion Control Supervisor: Provide an Erosion Control Supervisor to direct the erosion control operations and insure compliance with Federal, State, and Local ordinances and regulations. B. Certified Installers: Provide a certified installer to install or direct installation of erosion or sediment control practices. Certification shall be obtained through the University of Minnesota Erosion Control Inspector/Installer Certification program, or approved equal. 1.06 PERMITS A. 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. B. Permit coverage will become effective 7 days after the postmarked date of the completed application form. Or Permit coverage is anticipated to become effective 30 days after the postmarked date of a completed application form and SWPPP submittal to the MPGA. 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 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. D. Stabilization timeframes shall conform to the NPDES General Stormwater Permit for Construction Activity. TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 1 193802593 0157 13-2 E. Prior to Project shutdown for 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. 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. G. Establish permanent turf in accordance with Section 32 92 00 to prevent excessive soil erosion. PART 2 PRODUCTS 2.01 SILT FENCE: Conform to MnDOT Spec. 3886. A. Machine sliced. 1. Posts: Steel T -post with welded plate, 1.26 lbs per lineal foot and 5 feet long. Post spacing shall not exceed 6 feet by 24 inch embedment. 2. Geotextile: Monofilament, 36 inches minimum width, UV stabilized, with apparent opening size 20 to 70 sieve, and 100 lbs minimum grab tensile strength. 3. Fasten geotextile to the posts with a minimum of 3 plastic zip ties of 50 -lbs tensile strength. 2.02 TEMPORARY CONSTRUCTION ENTRANCE A. Rock Construction Entrance: Conform to the Drawings and the following:2 inches minimum washed rock:Underlying Geotextile: Conform to MnDOT Spec. 3733, Type 4.Minimum Thickness of Rock Placed: 6 inches. 2.03 STORM DRAIN INLET PROTECTION A. Inlet protection for paved streets with concrete curb and gutter: The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Catch Basin Inserts: a. Road Drain by Wimco, LLC (www.roaddrain.com). b. Lange Industries (www.langeindustries.com), or approved equal. 3. Rock Log: a. Conform to MnDOT Spec. 3897. b. Rock 3/4 to 1-1/2 inches crushed or natural rounded aggregate. B. Inlet protection for non -paved surfaces without curb or areas where vegetation will be established. The following methods are acceptable: 1. Conform to the details on the Drawings. 2. Silt fence ring, or approved equal: a. Place wire mesh cage in a circular or square confirmation to form a minimum 5 foot diameter zone of protection. b. Geotextile shall be monofilament/monofilament meeting the requirements of MnDOT Spec. Heavy Duty. c. Loose aggregate or a rock log(s) around perimeter of ring to anchor geotextile. © 2013 Stpntec 1 193802593 TEMPORARY EROSION AND SEDIMENT CONTROL 015713-3 3. Sediment control inlet hat conforming to MnDOT Spec. 3891.3C: a. InfraSafe Sediment Control Barrier by Royal Enterprises (http://www.royalenterprises.neV). 4. Pop-up head conforming to MnDOT Spec. 3891.3E. 5. Rock filter as shown on the Drawings. 2.04 FILTER LOGS: Conform to MnDOT Spec. 3897. A. Straw or wood fiber biorolls, 6 to 7 inches in diameter. B. Compost or rock logs, 6 to 8 inches in diameter. 2.05 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. 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. 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. TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 1 193802593 0157 13-4 3. Use short sections of silt fence placed in 3 -hook patterns to: a. Supplement the perimeter silt fence at corner locations and areas where sediment deposition will occur. No more than 100 feet of silt fence shall be installed per 1/4 acre of drainage. b. Break up flow path along silt fence running across contours to be no more than 100 feet between hooks or as directed by the Engineer. 4. Silt fence longer than 600 feet shall be constructed in separate independent units with each unit having a length less than 600 feet. Avoid splices whenever possible. If necessary, make splices at an opposing fence post and according to the manufacturer's specifications. D. Temporary Construction Entrance 1. Install at locations shown on the Drawings. 2. Construct construction entrance before grading begins on the Site. 3. Inspect construction entrance daily for mud accumulation to minimize vehicle tracking of sediment onto public roadways. Remove fugitive rock or wood mulch from adjacent roadways daily. E. 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. 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 off Site damage, to prevent health hazards, and to improve traffic safety. END OF SECTION TEMPORARY EROSION AND SEDIMENT CONTROL © 2013 Stantec 1193802593 0157 13-5 SECTION 01 70 00 EXECUTION REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Requirements for overall execution of the Work and closeout of the Contract for Final Payment. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Street Sweeper with Power Broom. Measurement will be by the units of hours. Street sweeping needs to be directed or agreed upon by the Engineer prior to commencing work in order for payment to be provided. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 SUBMITTALS A. Submit the following items consistent with the Conditions of the Contract and Division 01 Sections: 1. Record Documents. 2. Written Notification of Substantial Completion. 3. Executed Certificate of Substantial Completion. 4. Written Notification of Final Completion. 5. Schedules, warranties, guarantees, Bonds, certificates, certificates of inspection, and other documents. 6. Final Application for Payment, including accompanying documentation. 7. IC -134 Form. PART PRODUCTS Not Used. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Conditions: By commencing Work, Contractor construes acceptance of the adjacent work as satisfactory to receive subsequent work. B. Existing Conditions: Before commencing Work, inspect work completed by others that is adjacent to Work. If adjacent conditions prevent completion of Work, Contractor will not commence Work until the conditions are corrected. C. Inspect each product immediately prior to installation. Remove damaged products from Site. EXECUTION REQUIREMENTS © 2013 Stantec 1 193802593 017000-1 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. Complete each element of work during weather conditions and Project status to ensure coordination of the Work. C. Record installation details and prepare Record Documents consistent with the General Conditions. 3.03 SITE MAINTENANCE A. Maintain stockpiles, excavations, access roads, and all other work areas free from dust. Employ dust abatement techniques whenever a dust nuisance or hazard occurs, or as directed by Engineer. Comply with local ordinances. B. Protect hazardous work areas and hazardous material storage areas. C. Protect trees, unless specifically indicated on Drawings. D. Clean access roads and haul routes with mechanical street sweeper. E. If Contractor fails to maintain Site, Engineer will provide Written Notice of Contractor's defective Work. Contractor will be given 12 hours from the Notice to clean Site. After the 12 -hour period, Owner may correct the defective Work consistent with Article 13.09 of the Conditions of the Contract. 3.04 CLEANING AND PROTECTION A. Clean and protect Work in progress and adjoining Work during handling and installation. Apply protective covering on installed Work where it is required to ensure freedom from damage or deterioration. B. Clean and perform maintenance as frequently as necessary throughout construction period. Adjust and lubricate operable components to ensure operability without damage effects. 3.05 CUTTING AND PATCHING A. Complete all cutting, fitting, and patching as necessary to join the new Work to existing conditions. B. Remove or cut existing work only as necessary to join the new work to the existing construction or as required by the Contract Documents. C. Patch defective and incomplete surfaces caused or exposed by Work of the Project. D. Repair any damage to existing conditions and patch to match. 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. EXECUTION REQUIREMENTS © 2013 Stantec 1 193802593 017000-2 3.06 CERTIFICATE OF COMPLIANCE WITH MINNESOTA STATUTES 290.92 AND 290.97 A. Upon completion of the Project and prior to Final Payment, the Contractor and all subcontractors shall complete Minnesota Department of Revenue Revised Form IC -134. This form, Affidavit for Obtaining Final Settlement of Contract with the State of Minnesota and any of its Political or Governmental Subdivisions, is to be signed by a Department of Revenue representative and forwarded to the Owner. Copies of this form can be obtained by writing to the Minnesota Department of Revenue, Mail Station 6610, St. Paul, MN 55146-6610 or by calling (651) 282-9999 or 1 (800) 657-3594. They are also available on their website: www.revenue.state.mn.us, or via email at withholding.tax0state.mn.us. END OF SECTION EXECUTION REQUIREMENTS ©2013 Stantecl 193802593 017000-3 SECTION 02 41 13 SELECTIVE SITE DEMOLITION PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Complete or partial removal and disposal or salvage of at grade, above grade, and below grade structures and miscellaneous items. B. Related Sections 1. Section 02 41 16 — Structure Demolition. 2. Section 31 23 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Bid Items have been provided for removal items. Payment at the Bid Unit Price will be considered compensation in full for all Work necessary to complete the Bid Item in full, including removal, salvage, storage, disposal, and reinstallation. 2. Measurement will be based upon the units as listed below for items removed, abandoned, or salvaged complete as specified. No measurement will be made of any removals that are not required. The actual quantity removed multiplied by the appropriate Bid Unit Price will be compensation in full for all Work and costs of the following Bid Items: a. Remove Concrete Curb and Gutter: Per Lineal Foot without regard to type and thickness of curb. Bid item includes the parking lot curb and playground curb. The individual parking space curb segments located on the south side of the existing building shall be removed and are considered incidental to this bid item. b. Remove Concrete Sidewalk: Per Square Foot without regard to thickness. c. Reclaim Bituminous Surfacing: Per Square Yard without regard to thickness. Includes the parking lot reclamation and bituminous trail removal or reclamation. All reclaim material shall remain onsite, and the grading and spreading of this material is considered incidental to this bid item. d. Remove Light Standard, Footing & Fixture: Per Each. e. Remove Basketball Hoop: Per Each. Includes removal of the basketball hoop, pole, and footing. f. Remove Bike Rack: Per Each. g. Bulkhead Sanitary Sewer Service: Per Each. h. Plug Water Main Service: Per Each. i. Remove Storm Structure: Per Each. j. Remove Storm Sewer Pipe: Per Lineal Foot. k. Bulkhead Storm Sewer Pipe: Per Each. I. Remove 6,000 Gallon Underground Storage Tank: Per Each. Includes the removal of the tank, concrete, and all associated piping and appurtenances. m. Transportation and Disposal of Residual Fuel and Petroleum Sludge: Per Gallon. 1) It is assumed that up to 50 percent of the total tank capacity will contain Residual Fuel and Petroleum Sludge (e.g. 3,000 gallons). n. Remove Monument Sign: Per Each. Includes removal of sign and associated footings. o. Remove Ball Field Sign: Per Each. Includes removal of sign and associated footings. © 2013 Stantec 193802593 SELECTIVE SITE DEMOLITION 024113-1 p. Remove Miscellaneous Signs: Lump Sum. Includes removal of all other miscellaneous signs, including posts, within the project area as indicated on the Drawings. Project site shall be cleared of all signs. q. Remove Tree: Per Each. Includes removal of the tree and stump. r. Remove Playground Equipment and Footings: Per Lump Sum. Includes the removal of all equipment and footings, and the site grading of the existing sand to level the surface of the playground area. s. Remove Concrete Bollards shall be considered incidental. t. Remove Chain Link Fence: Lump Sum. Includes removal of chain link fence and footings as indicated on the Drawings. All other project site fencing, wood, or other fencing shall be removed and considered incidental to the 7940 55"' Avenue North Building Demolition Bid Item in Section 02 41 16. u. Sawing of bituminous or concrete shall be considered incidental. v. Coordination of the abandonment or removal of the private utilities at the property line shall be considered incidental. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2104 — Removing Pavement and Miscellaneous Structures. 1.04 DEFINITIONS A. Remove: To take away or eliminate from the Site by any method selected by the Contractor, including disposal of material. B. Salvage: To dismantle, disassemble, or remove carefully without damage so the item can be re- assembled, replaced, or reused in a workable condition equal to that existing before removal. C. Abandon: To fill, bulkhead, or close off pipes and structures so that no settlement or flow can occur. 1.05 REGULATORY REQUIREMENTS A. Conform to MnDOT Spec. 2104.3C, with the following modifications: 1. Dispose of all materials designated for removal outside the Site at locations selected by Contractor. 2. Stockpile or temporarily store materials designated for salvage at locations provided by Contractor. 1.06 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from removal or salvage immediately. C. Provide temporary surface restoration for traffic continuity where removal or salvage operations are completed within streets, driveways, or parking lots. SELECTIVE SITE DEMOLITION © 2013 Stantec 1 193802593 024113-2 PART PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS (DIP) A. General Requirement: AWWA C151/A21.51. B. Cement -mortar lining conforming to AWWA C104/A21.4. C. Special Thickness Class 52 for diameters less than 20 inches. 2.02 WATER MAIN PLUG JOINT RESTRAINT A. Mechanical Joint Restraint: Not allowed on existing cast iron pipe 1. Ductile iron conforming to ASTM A536. 2. Working Pressure: Minimum 250 psi. 3. EBAA Iron, Inc. Megalug, Star Pipe Stargrip, or approved equal. 4. Casting body and wedge assemblies mating a. Fusion bonded epoxy per ANSI/AWWA C116/A2. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 3123 00. 3.02 DISPOSAL A. Dispose of all cleared and grubbed material and debris off site at a location selected by the Contractor, except for salvaged materials. B. Disposal site should be a properly designated landfill area as determined by appropriate governmental agencies or lands under direct control of the Contractor. C. On site burial of any debris is not permitted. D. Burning of any materials is not allowed onsite. 3.03 PROTECTION A. Conduct operations so as not to damage surrounding private property. SELECTIVE SITE DEMOLITION © 2013 Stantec 1 193802593 0241 13-3 B. Protect trees intended to be saved from injury or defacement during operations. C. Exercise care to keep salvaged material as clean as possible during operations. D. Install temporary fencing at the construction limits and drip lines of trees to be protected prior to any construction activities in order to protect vegetation. E. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. F. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc. which may interfere with construction shall be removed, stored safely, and replaced. G. Approved barriers or warning signs shall be provided as necessary. H. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. I. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. J. Take reasonable precautions to limit damage to existing parking lot. K. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. L. Avoid disturbance to any material beyond the project limits. 3.04 SAWING PAVEMENT A. Concrete Pavement: Saw along the removal line full depth of the existing concrete. B. Bituminous Pavement: Saw along the removal line full depth of the existing bituminous. 3.05 REMOVE CURB AND GUTTER A. Saw cut at removal limits. B. Concrete Curb and Concrete Curb and Gutter: Do not disturb any material beyond the limits shown in the Drawings, unless directed by the Engineer. 3.06 REMOVE CONCRETE SURFACING A. Work includes sidewalks, parking areas, pedestrian ramps, medians, and driveways. B. Saw cut concrete surfacing prior to removal. C. Remove concrete in such a manner that the remaining surfacing is not damaged. D. When removing existing concrete surfacing, the Contractor shall not disturb any material beyond the limits shown in the Drawings, unless directed by the Engineer. 3.07 REMOVE OR RECLAIM BITUMINOUS SURFACING A. Work includes parking areas, pathways and driveways. SELECTIVE SITE DEMOLITION © 2013 SWntec 1 193802593 0241 13-4 B. Saw cut bituminous surfacing to full depth at the limits of partial removal prior to that removal, unless otherwise approved by the Engineer. C. Reclamation of the bituminous surface shall be full depth and into the existing aggregate base. D. Remove bituminous in such a manner that the remaining surfacing is not damaged. E. When removing existing bituminous surfacing, the Contractor shall not disturb any material beyond the limits shown in the Drawings, unless directed by the Engineer. 3.08 BULKHEAD PIPE A. Pipes to be abandoned shall be bulkheaded with non -shrink concrete grout 8 inches thick at locations indicated on the Drawings and as determined by the Engineer. 3.09 PLUG WATER MAIN SERVICE A. Existing water service shall be plugged east of sidewalk as shown on the Drawings. B. End of plug shall be marked with 4" by 4" wood post for locating purposes in the future. Wood post shall be installed 0.5 feet below finish grade. 3.10 REMOVE LIGHT STANDARD AND FOOTING A. Existing concrete footing shall be removed entirely. B. Grade and backfill with existing onsite aggregate material in layers not exceeding one -foot and compact to 95 -Percent Standard Proctor Density. 3.11 REMOVE UNDERGROUND STORAGE TANK A. Conformed to MnDOT Spec. 2104.3 B. Removal all contents in the storage tank prior to removal. Store removed oil in MPCA approved containers and dispose in accordance with all federal, state and local laws, regulations, statues, etc. C. Remove as shown on Drawings. D. Notify Engineer a minimum of 48 hours prior to removal to allow for scheduled observation. Engineer must observe removal. 3.12 REMOVE MONUMENT SIGN A. Remove sign and entire footing. B. Protect adjacent trees and bushes. C. Seed and mulch disturbed area following removal. 3.13 REMOVE TREES A. Engineer will mark trees for removal. B. Remove trees and stumps and backfill within 24 hours of removal. SELECTIVE SITE DEMOLITION © 2013 Stantec 1193802593 0241 13-5 C. Seed and mulch disturbed areas. 3.14 SALVAGE AND REINSTALL A. Signs 1. In no case shall a traffic sign or street sign be removed or disturbed by Contractor without prior notification being given to Engineer and then only after satisfactory arrangements have been made for a temporary installation or its disposition. a. Street identification signage shall be maintained at all times due to its importance to the 911 Emergency Response Systems. b. Remove and salvage all posts, A -frame angle brackets, stringers, as well as the nuts, bolts, and washers. c. Exercise reasonable care against damage to in-place signs during storage and installation. d. Remove signs damaged during construction and replace with new signs. B. Mailboxes 1. Remove and salvage existing mailboxes that interfere with the Work or whose access is restricted by the construction activities. 2. Place at temporary locations as directed by Engineer or as shown on Drawings. 3. Removal, temporary re -installation, and replacement shall occur such that mail delivery is not interrupted. 4. Mailboxes, posts, and appurtenances damaged during construction shall be replaced with new at no charge to Owner. i C. Fences 1. Protect existing perimeter chain link fencing as indicated on the Drawings. 2. Salvage and store fence and post material where they are in conflict with the Work. 3.15 FIELD QUALITY CONTROL A. Items damaged during removal or salvaging operations shall be replaced with new material of equal type and quality of the damaged item when it was new. 3.16 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION SELECTIVE SITE DEMOLITION © 2013 Stantec 1 193802593 02 41 13 -6 SECTION 02 41 16 STRUCTURE DEMOLITION PART1 GENERAL 1.01 SUMMARY A. Demolish, remove, and dispose or salvage designated buildings and structures, including stairs, ramps, floor slabs, aprons, foundation walls and footings, and other structure components, appurtenances and contents associated with that structure, within the construction limits, unless noted otherwise. B. Related Sections 1. Section 02 41 13 — Selective Site Demolition. 2. Section 3123 00 — Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for 7940 55t" Avenue North Building Demolition. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the demolition in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. Includes removal of all buildings onsite as identified on the Drawings along with footings, stairs, ramps, floor slabs, aprons, foundation walls, and all other structure components, appurtenances and contents associated with that structure within the construction limits as identified on the Drawings. This Bid Item also includes all other items adjacent and connecting to the building such as fencing, concrete bollards, steps, posts, landscaping, bushes, etc. 2. A Bid Item has been provided for Hazardous Material Abatement. Payment shall be Lump Sum. Includes all Work and costs necessary to complete the abatement in full, including materials, labor, tools, equipment, and other incidentals necessary to complete the specified operation, including removal, salvage, storage, or disposal of materials. 3. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). 1. 2103 — Building Removal. 2. 2104 — Removing Pavement and Miscellaneous Structures. B. Minnesota State Rules, Chapter 7001: Permits and Certifications — General Requirements. C. Minnesota State Rules, Chapter 7035: Solid Waste. D. Minnesota State Rules, Chapter 7045: Hazardous Waste Rules. E. Minnesota Department of Transportation: Motor Carrier Regulations. F. Federal Department of Transportation: 49 CFR — Hazardous Materials Regulations. STRUCTURE DEMOLITION © 2013 Stantec 1193802593 0241 16-1 G. Environmental Protection Agency: 40 CFR — Solid Wastes. 1.04 DEFINITIONS A. Beneficial Use of Solid Waste: Beneficial use of Solid Waste refers to the applicability, standards, and determinations under Minnesota Rules, Part 7035.2860, Subparts 1 to 10. Solid waste includes demolition materials, substrates, debris, waste, and other materials. B. Contaminated: Contaminated or contamination means demolition materials, substrates, debris, waste, and other materials containing a chemical or petroleum-based substance of anv level or concentration. In some cases, the level or concentration of contaminants may render the demolition materials, substrates, debris, waste, and other materials a hazardous waste as defined in Minnesota Rules, Chapter 7045. Examples of contamination include demolition materials or substrates containing paints, oils, greases, transformer and hydraulic fluids, leaking and broken fluorescent light ballasts or light tubes, etc. Contamination may be by a single substance or multiple substances. C. Disposal: For the purposes of this Specification, disposal means to deposit or place demolition materials, substrates, debris, waste, and other materials for permanent disposition with an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal at a Permit -by - Rule landfill will not be allowed. Disposal DOES NOT include stockpiling, short-term, or long-term temporary storage of said materials for reuse, recycling, reclamation, or storage for speculative markets. Disposal does not include elimination or disposition of said materials via reuse, recycling, or reclamation at any time, unless specified in this document. D. Removal: To take away, transport, eliminate, or remove from the Site by the Contractor, and to appropriately dispose of demolition material, substrates, debris, waste, and other materials according to Minnesota Rules, Chapters 7001, 7035, and 7045. E. Salvage: To dismantle, disassemble, or remove carefully and without damage so the item or materials can be re -assemble, replaced, or reused in a workable condition equal to that existing before removal. This includes items that may be used by Contractor or sold to another party. In this Specification, salvage shall also include the terms: reuse, recycling, and reclamation. F. Transportation of demolition materials, substrates, debris, waste, and other materials: Refers to the off Site transportation of any said materials. Transportation of said materials shall conform and comply with Minnesota Department of Transportation: Motor Carrier Regulations and other applicable rules and regulations. G. Good Standing With the State: To not have any significant current enforcement actions being taken against the facility by the MPCA. H. State: Refers to the Sate of Minnesota. I. Owner: Refers to City of New Hope, Minnesota. 1.05 REGULATORY REQUIREMENTS A. Building demolition and waste storage, both contaminated and uncontaminated, shall be conducted in accordance with applicable federal, state, and local ordinances, rules, and regulations. Definitions in Article 1.04 apply to this Section and all Sections of this document: 1. Disposal operations shall be conducted in accordance with Minnesota Rules, Chapters 7001, 7035, and 7045. STRUCTURE DEMOLMON © 2013 Stantec 1 193802593 024116-2 2. Any demolition material, substrates, debris, waste, or other materials determined to be or characterized as a hazardous waste according to Minnesota Rules, Chapter 7045 shall be disposed at an EPA licensed -permitted facility in good standing with the State. 3. All stockpiled demolition materials, substrates, debris, waste, or other materials shall be stored, handled, and managed according to Minnesota Rules, Chapters 7001, 7035, and 7045 to prevent environmental contamination. B. The Minnesota Pollution Control Agency (MPCA) has rules relating to beneficial use of solid waste. These rules are contained in Minnesota Rules, Chapters 7001 and 7035. Beneficial use of solid waste meeting applicability, standards, and determinations under part Minnesota Rules, Part 7035.2860, Subparts 1 to 10 will be allowed provided that the demolition found to be non -hazardous waste under Minnesota Rules Chapters 7035 and 7045. Beneficial use of solid waste not meeting applicability, standards, and determinations under Minnesota Rules, Part 7035.2860, Subparts 1 to 10 will not be allowed under any circumstance. C. Transportation of demolition material, substrates, debris, waste, or other materials off Site shall conform and comply with Minnesota Department of Transportation: Motor Carrier Regulations. Further transportation of any demolition material, substrates, debris, waste, or other materials off Site meeting the definition of a hazardous waste shall be conducted in accordance with federal and state Department of Transportation Hazardous Materials Rules and Regulations, EPA 40 CFR, and Minnesota Rules, Chapter 7045. D. Specific Project requirements shall include but not be limited to the following: 1. Contaminated demolition materials, substrates, debris, waste, or other materials meeting the definition of a hazardous waste as defined in Minnesota Rules, Chapter 7045 shall be managed according to this Section. 2. Contaminated demolition materials, substrates, debris, waste, or other materials containing any level or concentration of chemical or petroleum-based substances, regardless if they meet the definition of "beneficial use," shall NOT BE reused, recycled, or reclaimed in any manner either on or off Site. Said demolition materials, substrates, debris, waste, or other materials shall be disposed at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal at a Permit -By -Rule landfill will not be allowed. Disposal of said materials and substrates shall be in accordance with this Section. 3. Any uncontaminated, recognizable concrete, concrete products, or brick may be eligible for "beneficial use," provided it is in accordance with this Article. 4. Any contaminated recognizable concrete, concrete products, or brick, regardless if they are non -hazardous according to Minnesota Rules, Chapters 7035 and 7045, shall not be reused, recycled, or reclaimed in any manner either on or off Site. Said materials or substrates shall be disposed at an approved, licensed, or permitted landfill in accordance with applicable federal, state, and local ordinances, rules, and regulations, and in good standing with the State. Disposal of said materials and substrates shall be in accordance with this Section. Any contaminated recognizable concrete, concrete products, or brick meeting the definition of a hazardous waste according to Minnesota Rules, Chapter 7045 shall be disposed according to this Section. 1.06 SITE CONDITIONS A. All structures to be demolished will be vacant. Demolition contractor shall be responsible for verifying that each and every utility to and within each and every individual building or other structure has been de -activated and is safe for demolition and removal. STRUCTURE © 2013 Stantec 1 193802593 02416 - 3 B. Unknown hazardous materials may be present. Contractor shall, upon encountering suspected or potential hazardous materials, including soils contaminated by hydrocarbons, stop work immediately in the vicinity of the encounter and notify Engineer. Owner will coordinate sampling and testing of materials for determination of status. Work shall commence in other areas of the Project until such determination. C. Hazardous materials are expected in the Winnetka Learning Center building. Refer to reference documents described in Section 00 3100. Hazardous materials must be removed only by a licensed hazardous abatement contractor. 1.07 DISPOSAL OF MATERIALS AND DEBRIS A. All demolition materials, substrates, debris, waste, or other materials shall be collected, stored, handled, managed, and disposed in accordance with currently accepted practices at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations. Management, transportation, and disposal of demolition materials, substrates, debris, waste, or other materials shall be in accordance with Article 1.05 of this document. B. Beneficial use of demolition material, substrates, debris, waste, or other materials shall be in accordance with Article 1.05 of this document. C. Prior to shipment, stockpiling of demolition materials, substrates, debris, waste, or other materials shall be stored, handled, and managed according to Minnesota Rules, Chapters 7001, 7035, and 7045 to prevent environmental contamination. D. Any items salvaged by the Contractor are in an "as -is" condition. Items salvaged may contain internal hazardous materials, such as gaskets, linings, etc. Contractor or buyer of salvaged materials shall acknowledge receipt of items in an "as -is" condition, that the item may contain hazardous materials and accepts responsibility for any and all hazardous materials that are contained in the item. E. Any items or materials found or discovered in the course of demolition, removal, or disposal that are not anticipated or otherwise considered to be conventional building or structure components, and may have unique commercial or historical value shall be salvaged and brought to the attention of the Owner. The Owner reserves the right to retain ownership of the items or materials, unless it is determined that no unique value exists. The items or materials with no unique value shall then become the property of the Demolition Contractor and disposed. F. Crushed concrete materials suitable for use as recycled aggregate, conforming to MnDOT Spec. 3138, Class 5. Excess material becomes the property of the Contractor and shall be removed from the site. G. Concrete materials not crushed shall be removed from the Site for proper disposal at the Contractor's discretion. 1.08 PERMITS A. At a minimum, a Building Demolition Permit shall be obtained from the City of New Hope, Minnesota. Individual permits will be required for each structure. B. Complete and submit "Notification of Intent to Perform a Demolition" Form to the MPCA. C. All inspections required by the permits will be the responsibility of the Contractor. STRUCTURE DEMOLMON © 2013 Stantec 1 193802593 0241 16-4 D. Any demolition material, substrates, debris, waste, or other materials meeting the definition of a hazardous waste shall be disposed under the facility's EPA identification number. A licensed hazardous waste transporter shall transport said waste. 1.09 SUBMITTALS A. The Contractor shall provide the Owner's Representative with copies of receipts, manifests, shipping papers, scale or tipping tickets, record of disposal/destruction, and any other documentation regarding disposal of demolition materials, substrates, debris, waste, or other materials from the Site whether hazardous or not. Submittals shall be made weekly and no later than the Friday of the following week. B. Within 14 days of demolition completion, submit Certificate of Disposal/Destruction for all materials removed from the Site. Certificates shall state. 1. Disposal site or location taken for beneficial use. 2. Dates and quantity of material that material was transported to said site. 3. Type of material and whether it was contaminated or not contaminated. C. The Contractor shall provide the Owner's Representative with copies of licenses, training certificates, or suitable documentation for contractors and personnel providing hazardous material or hazardous waste removal. Submittals shall be made prior to Site activities. D. The Contractor shall provide the Owner's Representative with copies of disposition documents for all salvaged items. This includes items that are sold or given away by the Contractor and items that the Contractor keeps for his own use. For items sold or given away, documentation shall include a "Bill of Sale" that describes the item, who received the item, brand name, model number, serial number, etc. where applicable, acceptance of responsibility for the item, including hazardous materials that the item may contain, printed name and address of recipient, signature of recipient and date. 1.10 SCHEDULING A. Prior to starting Work, submit for review by the Engineer and approval by the Owner, a schedule showing the commencement, order, and completion dates of the various parts of this Work. B. Fill holes or depressions resulting from structure removal immediately. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.01 GENERAL A. Dispose of all items removed, except for those items identified to be salvaged or recycled. Said disposal shall be in accordance with all laws, regulations, statutes, etc. B. Perform removal work without damage to adjacent retained work. Where such Work is damaged, the Contractor shall patch, repair, or otherwise restore same to its original condition at no expense to the Owner. STRUCTURE DEMOLITION © 2013 Stantec 1 193802593 0241 16-5 C. Remove debris from the work area as often as necessary, but not less than at least once at the end of each workday. Debris shall be placed in approved containers to prevent the spread of dust and dirt. D. Execute the Work in a careful and orderly manner with the least possible disturbance to the public and occupants of buildings. E. Fill holes resulting from removals consistent with Section 31 23 00. 3.02 EXAMINATION A. Fully examine sites of structures to be demolished and verify scope and extent of removals. Request clarifications in writing for execution of any and all removals, retentions, dispositions, salvages, etc. that are unclear prior to beginning Work. B. Examine previously completed environmental assessments for the former Winnetka Learning Center building located at 7490 55"' Avenue North. All hazardous materials shall be removed in accordance with all applicable federal, state and local laws, regulations, statutes, etc. 3.03 PROTECTION A. Take all necessary precautions to adequately protect personnel and public and private property in the areas of Work. All Site fencing shall be in place prior to the start of any removal work. B. All street signs, traffic control signs, guy wires, mailboxes, posts, wood fence, etc., located within the City Right of Way, which may interfere with construction shall be removed, stored safely, and replaced. C. Approved barriers or warning signs shall be provided as necessary. D. Provide and maintain temporary protection of existing structures designated to remain where removal work is being done, connections made, materials handled, or equipment moved. E. Do not close or obstruct walkways or roadways. Do not store or place materials in passageways or other means of egress. Conduct operations with minimum traffic interference. F. Take reasonable precautions to limit damage to existing turf, landscape plantings, pavement, etc. G. Holes or depressions created by removals shall not be left open for more than 1 day. Any hole within 10 feet of sidewalks shall be filled, suitably marked, or covered immediately. H. Minimize disturbance beyond the limits required for structure demolition. 3.04 BUILDING DEMOLITION A. Complete in accordance with MnDOT Spec. 2103, expect as modified by these Specifications. B. Disconnect and/or bulkhead all existing utilities prior to building demolition. C. All hazardous materials shall be removed prior to demolition. D. Demolition of the building shall include removing all piping and footings. STRUCTURE DEMOLITION © 2013 Stantec 1 193802593 0241 16-6 E. Following building demolition and material removals, site shall be graded with existing onsite materials and with grades not steeper than 4:1 slopes. Verify and receive Engineer's approval of finished grades. 3.05 FIELD QUALITY CONTROL A. Items designated for salvaging, if damaged during removal operations, shall be replaced with material of equal type and quality of the damaged item or provide compensation for fair market value. 3.06 DISPOSING OF MATERIAL A. Dispose of all materials outside of the Site at disposal location selected by Contractor in compliance with state and local regulations. Burying of material and debris is not allowed within the Site. END OF SECTION STRUCrURE DEMOLITION © 2013 Stante 1 193602593 024116-7 SECTION 31 23 00 EXCAVATION AND FILL PART1 GENERAL 1.01 SUMMARY A. Section Includes 1. Excavation and fill for roadways, foundations, channels, ponds, and other areas. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. No bid items have been provided for blading, grading, shaping, and compacting of onsite materials including reclaim and existing onsite materials. All excavation and site grading work shall be considered incidental. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.) 1. 2105 - Excavation and Embankment. 1.04 SEQUENCING AND SCHEDULING A. Following removal of all demolition items, contractor shall grade and level the site with existing onsite materials and with no grades exceeding 4:1 slopes. Offsite Hill material will not be utilized. PART 2 EXECUTION 2.01 GENERAL A. Conform to MnDOT Spec. 2105.3A, or modified herein. 1. Install perimeter security fence prior to excavations. 2. Establish the specified erosion control devices according to Section 0157 13 prior to all excavations. 3. Notify utility companies of progress schedule so they can accomplish relocations, removals, and holding of lines. 4. Perform removals consistent with Sections 02 41 13 and 02 41 16. 2.02 FINISH OPERATIONS A. Engineer's approval is required of all final site grading. END OF SECTION EXCAVATION AND FILL © 2013 Stantec 1193802593 312300-1 SECTION 32 92 00 TURF AND GRASSES PART 1 GENERAL 1.01 SUMMARY A. Section Includes 1. Restoration of construction area by installation of hydroseed with mulch. B. Related Sections 1. Section 0157 13 - Temporary Erosion and Sediment Control. 2. Section 3123 00 - Excavation and Fill. 1.02 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. A Bid Item has been provided for Hydroseed With Mulch. Measurement will be based upon units of acres for each seed mix and mulch installed in place as specified, including preparing topsoil, preparation of seedbed, fertilizer; seed, and all correlated activity. 2. All other Work and costs of this Section shall be incidental to the Project and included in the Total Base Bid. 1.03 REFERENCES A. Minnesota Department of Transportation "Standard Specifications for Construction," 2005 Edition (MnDOT Spec.). B. Minnesota Department of Transportation Seeding Manual 2007 (MnDOT Seeding Manual). 1.04 SUBMITTALS A. Provide the following submittals consistent with Section 0133 00. B. Provide source and invoice for seed to be used for this Project. C. Producer's certificate of compliance — Written documentation verifying compliance of mixture of seed furnished. Include percentage of various seed species, year of production, germination rate, seed bag tags, and weed seed content. Submit to the Engineer at least 5 days prior to delivery. D. Species within native seed mixes species shall have their origin documented by the Minnesota Crop Improvement Association (MCIA) to certify that the product is a local ecotype plant. 1.05 PLANT ESTABLISHMENT PERIOD A. The Establishment Period for plants shall begin for immediately after installation, with the approval of the Engineer, and continue until the date that the Engineer performs a final inspection. 1. The establishment period for seeded areas is 1 year. TURF AND GRASSES © 2013 Stantec 1 193802593 329200-1 1.06 FIELD QUALITY CONTROL A. Provide Engineer with seed bag tags used for identification purposes. PART 2 PRODUCTS 2.01 FERTILZER A. Provide plant fertilizer that is commercial grade and uniform in composition and conforms to applicable state and federal regulations. B. Slow release fertilizer. A minimum of 70 percent of the nitrogen component shall be a slow release water insoluble nitrogen. C. Fertilizer shall contain a minimum percentage by weight 10-10-10 (NKP). 2.02 SEED: Conform to MnDOT Spec. 3876. A. General Roadside: Conform to MnDOT Mixture 250. 2.03 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 0157 13. PART 3 EXECUTION 3.01 EXAMINATION A. Review restoration areas with the Engineer. Determine locations for seed. Schedule for restoration of areas may be revised to fit field conditions. B. Finish grades are to be inspected and approved by the Engineer prior to start of restoration. 3.02 DELIVERY AND STORAGE A. Delivery 1. Notify the Engineer of the delivery schedule in advance so the plant material may be inspected upon arrival at the Site. Remove unacceptable plant material from the Site immediately. 2. Deliver fertilizer and lime to the Site in the original, unopened containers bearing the manufacturer's guaranteed chemical analysis, name, trade name or trademark, and in conformance to state and federal law. In lieu of containers, fertilizer and lime may be furnished in bulk and a certificate indicating the above information shall accompany each delivery. 3. During Delivery: Protect sod from drying out and seed from contamination. B. Storage 1. Keep seed, lime, and fertilizer in dry storage away from contaminants. 3.03 PREPARATION A. General: Conform to MnDOT Spec. 2575.3A. B. Soil Preparation: Conform to MnDOT Spec. 2575.38. TURF AND GRASSES © 2013 Stantec 1 193802593 329200-2 J C. Fertilizers and Conditioners: Conform to MnDOT Spec. 2575.3C 1. Apply fertilizer at a rate of 400 lbs. per acre (9.2 lbs./1,000 sq. ft.). 2. Where soil pH is lower than 5.5, apply lime at 3 tons per acre (140 lbs./1,000 sq. ft.). 3.04 HYDRAULIC SOIL STABILIZER (HYDROMULCH): Conform to Section 0157 13. 3.05 MAINTENANCE A. Restored areas that have been satisfactorily completed and are disturbed by additional construction activity required by the timing and sequencing of the Work shall be restored over to the same requirements of the original work. B. Seed maintenance shall be done in conformance with the MnDOT Seeding Manual — Maintenance Requirements for year 1. 3.06 INSPECTION AND ACCEPTANCE A. Seeding and turf work will be inspected for acceptance in parts agreeable to the Engineer, provided Work offered for inspection is complete, including maintenance for the portion in question. B. At the conclusion of the establishment period(s), a final inspection of planting(s) will be made to determine the conditions of areas specified for landscaping. C. When inspected landscape work does not comply with requirements, replace rejected Work and continue specified maintenance until re -inspected by Engineer and found to be acceptable. Remove rejected materials from the Site. D. Seed evaluation at the conclusion of the establishment period shall be based on at least 1 species per square foot and 90 percent of seeding per square foot is of the permanent seed species within the applied mix. © 2013 Stantec 1 193802593 END OF SECTION TURF AND GRASSES 329200-3