Loading...
HomeMy WebLinkAbout1994 06-13 EDAP Regular Session EDA AGENDA is CITY OF BROOKLYN CENTER JUNE 13, 1994 (following adjournment of City Council meeting) 1. Call to Order ! t 2. Roll Call 3. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 4. Approval of Minutes: * a. May 23, 1994 -Regular Session 5. Discussion Items: a. EDA Home Rehabilitation Deferred Loan Program 1. Resolution Adopting Housing Commission Recommendations Regarding the �' —Economic Development Authority's Housing Rehabilitation Deferred Loan Program Ff` J 2. Resolution Approving Two (2) Brooklyn Center Economic Development Authority Grants (File Nos. H -118 [8044] and File No. H -119 [8045]) 3. Review of Bids Received on Economic Development Authority Grant (File No. H -117 [8043]) 6. Resolutions: a. Providing for a Public Hearing Regarding the Sale of Land at 6601 Bryant Avenue North by the Economic Development Authority in and for the City of Brooklyn Center -The EDA has received an offer t buy the property and build a single- family home on the site.j ,J _ - b. Authorizing Execution of Purchase Agreement for the Acquisition of 5900 Emerson Avenue North in Brooklyn Center and Authorizing Payment for Acquisition Costs * c. Approving Plans and Specifications and Authorizing Advertisement for Bids for µ g I ' EDA Demolition Project at 6525, 6527 and 6529 Willow Lane North (Willow Al River Apartments) 7. Adjournment —` Cmwil Meeting Date June 13, 1994 3 City of Brooklyn Center Agenda Item Numb.. Request For Council Consideration . Item Description: EDA MINUTES - MAY 23, 1994 - REGULAR SESSION Department App al• Brad man, Director of Community Development Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached �) i Recommended City Council Action: Tlwa9a 9rt -. B CENTER P01 MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN '1'ht W U NT it Or H ENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 23, 1994 CITY H ALL CALL TOO DER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Todd Paulson at 9:26 p.m. ROLL CALL President Todd Paulson, Commissioners Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Barbara Cullman. V F AL ! AGENDA AND CONSENT AGENDA President Paulson inquired if any Commissioner requested any items be removed from the consent agenda. No requcm were made. APPROVAL OF MIN=S MAY 9-1994- - REQULAR SESSION There was a motion by Commissioner Kalligher and seconded by Commissioner Scott to approve the minutes of the May 9, 1994, EDA meeting as printed. The motion passed unanimously, RESOL IONS RESO.L�MON NO, 94 -19 Commissioner Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF PROGRAM APPLICATION COMViITM"ENT AGREEMENT FOR THE 1994 MINNESOTA HOUSING FINANCE AGENCYS MINNESOTA CITY PARTICIPATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Celia Scott, and the motion passed unanimously. 5/23/94 . 1 - TimeSaver Sec. -- B CENTER p02 RESOLjMON NO, 24-20 Commissioner Barb Kalligher introduced the following resolution and moved its adoption; RESOLUTION AUTHORIZING EXECUTION OF MORTGAGE REVENUE BOND ALLOTMENT AGREEMENT FOR THE 1994 MINNESOTA HOUSING FINANCE AGENCY'S MINNESOTA CITY FARTICIPATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Kalligher and seconded by Commissioner Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic Development Authority adjourned at 9:27 p.m. Todd Paulson, President Recorded and transcn`bed by: Barbara Coltman Timc.Savcr Off Site Secretarial 5/23/94 -2- Council Meeting Date _. 6 6/ /13/94 3 City of Brooklyn Center Agenda Item Number v a / Request For Council Consideration Item Description: EDA HOME REHABILITATION DEFERRED LOAN PROGRAM Department Approval: Tom blitz, Comm nity Development Specialist Manager's Review/Recommendation: �e -- No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached X At the April 25, 1994 EDA meeting, the EDA tabled two deferred loan applications to a City Council work session held on May 16, 1994. • Three major areas of concern were expressed by the City Council/EDA at the May 16, 1994 work session, as summarized by the following: 1. Establishment of a residency requirement for all deferred loan applicants. The only exception for this requirement would be for emergency health and safety issues. 2. Amending the five year lien period to a ten year lien period with a declining lien amount of ten percent (10%) per year, rather than the current twenty percent (20%) per year, over a five year period. 3. Place greater emphasis on exterior improvements and consider whether or not exterior improvements can be accomplished by "sweat equity" on the part of the applicant. The issues raised by the City Council /EDA at the May 16, 1994 work session were reviewed at the May 17, 1994 Housing Commission meeting. The following is a summary of the recommendations made by the Housing Commission at their May 17, 1994 meeting: ISSUE NO. 1 - RESIDENCY REQUIREMENT The Housing Commission recommended against creating a residency requirement for the deferred loan program. The consensus of the commission was that there should not be a distinction made between new residents and longer term residents. Also, given the length of the waiting list, the Housing Commission believed the waiting list will effectively serve as a "residency" requirement for the • foreseeable future. For information purposes, the following table summarizes the length of ownership from the current waiting list: PURCHASE DATES OF HOMES ON DEFERRED LOAN WAITING LIST DAB. ; 7 ER F . Prior to 1977 27 1979 1 1980 1 1983 5 1984 3 1985 2 1986 2 1987 4 1988 7 1989 6 1990 3 1991 6 1992 9 1993 2 Table 1 ISSUE NO. 2 - INCREASING LENGTH OF LIEN PERIOD FROM FIVE YEARS TO TEN YEARS The Housing Commission concurred with increasing the lien period from five to ten years, but recommended that the lien decrease five percent per year for the first five years, and fifteen percent for the last five years, rather than the ten percent per year suggested at the City Council /EDA work session. The Housing Commission believes this divided schedule for reducing the lien rewards the residents who remain in the home for more than five years. ISSUE NO. 3 - EXTERIOR VS. INTERIOR IMPROVEMENTS AND "SWEAT EQUITY" The Housing Commission recognized the value of the neighborhood impact of exterior home improvements and also the infusion of some type of "sweat equity" on the part of the owner. However, from the perspective of actually implementing such a policy, the Housing Commission believed it would not be workable. As an alternative, the Housing Commission recommended that an exterior maintenance standard be established for the deferred loan program. The standard would establish a minimum requirement for housing exteriors and would be required to be met in all loan projects. Such a standard would not require exterior work if it is not needed, but would set a standard under which all projects would be evaluated. A draft of a proposed exterior standard is shown at the end of this request form. Additional information for homes on the waiting list is included in Table 2 below. This table is a summary of assessed market values of the properties on the waiting list. 1994 MARKET VALUE OF HOMES ON DEFERRED LOAN WAITING LIST Under $55,000 7 $55,000- 60,000 4 $60,000- 65,000 9 $65,000- 70,000 21 $70,000- 75,000 22 $75,000- 80,000 8 $80,000 - 85,000 5 $85,000- 90,000 2 Table 2 In a previous review of the home rehabilitation deferred loan program in June of 1993, the Housing Commission made the following recommendations which were subsequently adopted by the EDA at their July 12, 1993 meeting. 1. Recommendation Re arding Second Grants The Housing Commission recommended that no second deferred loans be awarded until there are no applicants on the current waiting list. Exceptions will be made only in extraordinary circumstances related to damage to the property as a result of events beyond the control of the applicant or relating to health and safety concerns, such as failure of plumbing, heating or electrical systems, or as determined by the program administrator. In such circumstances, provided that funding is available, the borrower, if still eligible, can receive assistance limited to correcting the damaged or failed systems only. No other eligible work can be carried out except in the extraordinary circumstances outlined above. This policy will begin with all new applicants, not including those already on the waiting list as of the date of the adoption of this recommendation. 2. Recommendation on Lower Value Homes On homes valued at $55,000 or less, as determined by the City Assessor's department, staff will prepare a cost repair estimate to determine if the property can be brought up to Section 8 standards with the funds available prior to receiving bids on the project. Cost repair estimates shall also be made on properties where repairs necessary to bring the property up to Section 8 standards involve major repairs to the majority of the home's systems, including mechanical, plumbing, electrical, windows and doors and exterior, including roof and siding. 3. Recommendation on Exterior Improvements When doing the inspections for the deferred loan rehabilitation work, inspections staff shall make an effort to dedicate a portion of the deferred loan to exterior improvements, whenever practical. Given the need for the rehabilitation of many of the older homes in the City, the Community Development Block Grant funds address only a relatively small part of the City's housing stock in need of repair. At best, it addresses a relatively small number of homes per year. Recent calls received by City staff continue to highlight the need for basic home repair and in some cases, the acute need for such repair. Recently, the staff received a call from Hennepin County regarding three individuals in three separate properties who have leaking roofs. All of these individuals are new additions to the waiting list, which means they will continue to wait for some time before they are served. One of the applicants has a home where the roof is severely leaking to the point where the home's insulation is becoming saturated. In addition to these three, one of the applicants on the waiting list has indicated that water is leaking from an upstairs bathroom into a lower level light fixture. Problems like these are the kinds of items staff hears about from individuals on a weekly basis. Additionally, presented this evening are the two deferred loan projects tabled at the April 25, 1994 meeting, along with a project (H -117 [8043]) which the EDA requested to come back for their review after the bids were received. Staff will be prepared to discuss these projects in more detail at the meeting. Also included with this request is a resolution which includes the May 17, 1994 recommendations of the Housing Commission, the program revisions adopted by motion by the EDA at the July 16, 1993 EDA meeting, and the revised deferred loan dollar maximum of $15,000 recently approved by the Department of Housing and Urban Development (HUD). Recommendation: Staff recommends adoption of the Housing Commission recommendations contained in the resolution and adoption of the proposed Exterior Maintenance Standard by motion. For future consideration, Hennepin County is in the process of revising their procedural guidelines for the home rehabilitation deferred loan program. Staff would like the option to come back with a more comprehensive analysis of the deferred loan program when Hennepin County completes their guideline revision. CITY OF BROOKLYN CENTER HOME REHABILITATION DEFERRED LOAN PROGRAM EXTERIOR MAIN'T'ENANCE STANDARD Homes receiving funds under the Brooklyn Center /EDA home rehabilitation deferred loan program shall be required to meet the following standards: 1. All homes shall meet the standards specified in Section12.702 and Section 12.703 of the City's Building Maintenance and Occupancy ordinance. 2. In addition to meeting the requirements of Section 12.702 and 12.703 above, the exterior materials (siding, soffit, doors and windows) and the home's exterior appearance shall be at or above the standard of the City as a whole, as determined by the inspector performing the inspection for the home rehabilitation deferred loan program. 3. If deferred loan funds are used to bring the home up to neighborhood standards, as determined by the inspector, exterior materials (siding, soffit, doors and windows) shall be low - maintenance. Aluminum, vinyl and steel shall be the preferred exterior materials. 4. Any property meeting the minimum standards of Section 12 -702 and Section 12 -703 shall not necessarily be ineligible for exterior improvements under the deferred loan program provided that all other pertinent Section 8 health, safety and habitability improvements have been made. Section 12 -702 FOUNDATIONS, EXTERIOR WALLS AND ROOF. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the building. The roof shall be tight and have no defects which admits rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. If the exterior surface is unpainted or determined by the compliance official to be paint blistered, the surface shall be painted. If the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. Section 12 -703 WINDOWS, DOORS AND SCREENS. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin, and rodents from entering the building. Every openable window shall be supplied with 16- mesh screens during the insect season, and shall be equipped with an approved lock if located less than six feet above adjacent grade. 6 � E- / Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ADOPTING HOUSING COMMISSION RECON94ENDATIONS REGARDING THE ECONOMIC DEVELOPMENT AUTHORITY'S HOUSING REHABILITATION DEFERRED LOAN PROGRAM WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA) administers the Brooklyn Center housing rehabilitation deferred loan program; and WHEREAS the goals of the housing rehabilitation deferred loan program include improvement of the City's housing stock and the City's neighborhoods; and WHEREAS, the EDA desires to administer the housing rehabilitation deferred loan program to provide the greatest benefit to the City's housing stock and neighborhoods; and WHEREAS, the EDA Board requested the City's Housing Advisory Commission to review certain issues and policies relative to the housing rehabilitation deferred loan program; and WHEREAS, the City's Housing Advisory Commission has made certain recommendations regarding the EDA housing rehabilitation deferred loan program; and WHEREAS, the EDA Board has received and reviewed the Housing Commission recommendations. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center to adopt the following recommendations of the City's Housing Advisory Commission relative to the housing rehabilitation deferred loan program: 1. Length of residence shall not be an eligibility requirement for the rehabilitation deferred loan program. 2. The grant repayment security lien shall be increased from five years to ten years and the lien amount shall be reduced five percent (5 %) per year for years one through five of the lien and fifteen percent (15 %) per year for years five through ten of the lien. 3. The housing rehabilitation deferred loan program shall include an exterior maintenance standard which shall be made a requirement of the program. Adoption of an exterior maintenance standard shall be adopted by a separate motion or resolution by the EDA. EDA RESOLUTION NO. 4. No second deferred loans shall be awarded to applicants until there are no first time applicants remaining on the waiting list. Exceptions will be made only in extraordinary circumstances related to damage to the property as a result of events beyond the control of the applicant or relating to health and safety concerns, such as failure of plumbing, heating or electrical systems, or as determined by the program administrator. In such circumstances, provided that funding is available, the borrower, if still eligible, can receive assistance limited to correcting the damaged or failed system(s) only. No other eligible work can be carried out, except in the extraordinary circumstances described in this paragraph. This policy shall be applied to residents added to the waiting list after July 12, 1993. 5. On homes valued at $55,000 or less, as determined by the City Assessor, staff will prepare a cost repair estimate to determine if the property can be brought up to Section 8 standards with the funds available. Cost repair estimates shall also be made on properties where repairs necessary to bring the property up to Section 8 standards involve major repairs to the majority of the home's systems, including mechanical, plumbing, electrical, windows and doors and exterior, including roof and siding. BE IT FURTHER RESOLVED that the following mendments to the housing g rehabilitation deferred loan program approved by Hennepin County shall be approved for the Brooklyn Center EDA's housing rehabilitation deferred loan program: 1. For all housing rehabilitation deferred loans approved after March 1, 1994, the maximum loan amount will be $15,000 for applicants who cannot be accessed to the Minnesota Housing Finance Agency (MHFA) deferred loan program funds either because household income is too high or because no MHFA deferred loan funds are currently available. 2. An additional $5,000 may be added to the maximum loan amount for households requiring accessible improvements. These additional funds can also be used for the abatement of hazardous materials, such as asbestos, lead -based paint and radon. 3. The policies and directives approved in this resolution shall become effective immediately upon approval of the resolution. Date Todd Paulson, President EDA RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. URBAN HENNEPIN COUNTY HOUSING REHABILITATION PROGRAMS FILE SUMMARY Funding: DEG De MHFA Def: MHFA Rev: MHFA Access: Other: Client: M} � /�ga/1 Address: Sif ( 4 E,A& AIW ( Z City- zip: 55 4 30 Phone: ,S66-2./ App' n Rec' d: OZ: ( 6 : Q 4 Process Begun: 0Z , 1S'.a 4 Completed: # Weeks: Eligibility Established: 01%tQ% (date of earliest verification): Age: , Sex: M Ethnicity: w Marital Status: !y\ Handicapped Household: NO # Residents: # Renters: a Age of House: Years Resident: 1'S Market Val: $ 1c0,7,� Adjusted Mkt Val = (Mkt Val x 1101) + 50t max loan: $ ' 73,7 70�" Mort /CD: $ 3 4 SW cD Equity (or adjusted equity) $ r 3� 0 ° � For multiple incomes of one type enter totals below & show verifications on reverse. Income Source Monthly $ Verified Within 120 days? Salary 0 Self - Employment SS SSI AFDC Support /Maintenace Rent �`° 01: pi ,�ttr TIC 1 6 Pension Interest Other Total monthly income. $ Monthly expenditures: $ �1 to (List on reverse) Affordability: $ S(, (if negative, within 5%- of monthly income? ) Ann' 1 Income: $ lso O-7-7 ac Eligible income for h' hold in city: $ 72,7(00 a Assets: $ Z4�ZSZ (If verification required, list on reverse) Title Verified: 03'.31:q4 Zoning Verified: Inspected: Scope Out. Complete Bids: URBAN HENNEPIN COUNTY HOUSING REHABILITATION GRANT PROGRAM PROPERTY INSPECTION REQUEST TO COUNCIL: 4- 25-94 H 119 APPLICANT INSPECTION Name Michael & Leah Anderson Staff Dave Fisher, Laurie House Address 5419 Emerson Avenue North Date 4 - 18 -94 Brooklvn Center MN 554 Time 9:30 — 11:30 Phone 566 -2686 Inspector David Fisher Building Age: 56 years Garage: Detached 440 square feet City Assessed Total Market Value $60,200 H -119 TABLE OF CONTENTS PART PAGE 0 ❑X HANDRAIL - GUARDRAIL $ 1 Where required, Height of, Baluster Spacing and Installation, Specification for 2 X❑ INTERIOR - EXTERIOR STAIRS $ 1 Repair or Replacement of, Rise and Run and Installation, Specification for 3 ❑ FOUNDATION $ 2 Repair of —Tuck Pointing Insulation Installation and Specification for 14 4 ❑ CRAWL SPACE: $ 2 Insulation of and Vapor Barrier, Installation for 5 ❑ BASEMENT FLOOR $ 2 Repair of 6 ❑X POST AND BEAM: $ 3 Repair of, Replace 7 ❑ ACCESSIBILITY IMPROVEMENT $ 3 For Barrier Free and Handicapped Persons 0 ❑X ELECTRICAL $ 3 Upgrade Service, Unprotected Conductor Dryer, Hanging Receptacle, Furnace and Kitchen Circuits Wall Receptacle, Ground Fault 4 9 ® ELECTRICAL MAST: $ 4 Relocation of 10 ❑ MECHANICAL $ 4 Enclosed Space Ventilation, Replace Furnace Thermostat, Chimney, Registers, Ductwork 11 © PLUMBING: $ 5 Water Heater Replacement, Cold Water Shut -off, Gas Valve T.P.R. Valve, Vent Connector, Dryer Gas Valve, Dryer 6 Ventilation, Open Gas Device,Well Abandonment, Plugged Sewer, Water Softener, Kitchen Sink Vent, Trap, Water Supply, Lavatory Vent, Trap, Water Supply, Water Closet and Sealing Gasket, Bathtub Vent, Trap, Wall Enclosure, Laundry Tub Vent, Trap, Floor Drain Plumbing Fixture Material and Performance Specifications 7 for, Drain Tile, Main Water Line Septic System, City Sewer g -1- TABLE OF CONTENTS PART PAGE 12 ❑ CEILINGS $ 8 Repair of 13 © WALLS: $ 8 Repair of 13 Ceiling and Wall Performance and Material Specifications for 9 -11, 14 ® FINISH FLO ORS: $ 10 -1 Replacement of, Performance and Material Specifications for 15 ❑X EXTERIOR DOORS: $ l Repair Refinish of, Weather Sealing, and Replacement of, Performance Specification for 16 ❑ EXTERIOR STORM DOORS: $ 1 Repair - Rep acement of, Material Specification for 17 ❑ INTERIOR DOORS $ 1, Repair - Replacement of, Performance and Material Specifications for 18 ❑X EXTERIOR STORM AND SCREEN WINDOWS $ 1: Repair - Replacement of, Material Specification for 19 ® HOUSE WINDOWS: Repair - Refinish of, Weather Sealing of, Replacement of,. Material and Performance Specification fication for Basement Egress Window — Material and Performance for$ 20 X❑ INSULATION: $ 14 -1= Attic, Wall, Foundation, Rim Joist Installation, Material and Performance Specification for, Code Requirement 21 ❑X VENTILATION: $ 1 Provision of Attic, Kitchen, Bathroom, Repair of, Material and Performance Specification for 22 ® EXTERIOR SIDING: $ if Installation, Repair or Replacement of, Soffit and Facia, Window, Door and Cornice Trim, Material and Performance Specification for 23 ❑ EXTERIOR PAINTING: $ 1: Material and formance Specification for 24 ❑X GUTTERS AND DOWNSPOUTS: $ l' Provision for an Replacement of, Material and Performance Specification for 25 ❑ ROOFING: $ R ep - Replacement - Removal of, Material and Performance Specification for -2- TABLE OF CONTENTS PART PAGE *6 ® CHIMNEY Repair - Reline - Replacement of $ 5 -19 27 KITCHEN & BATHROOM CABINETS $ 19 28 [] SMOKE DETECTORS Installation of $ 20 29 X[ GRADING Material and Placement Specification for, Seeding and $ 20 Sodding of 30 EXTERIOR CONCRETE WORK Replacement - Repair of, Sidewalks, Garage Apron, Etc. $ 20 31 XX MISCELLANEOUS: $ 20 TOTAL $ Contractor Name: Address: City State Phone: Home Work Homeowner Name: Address: Phone: H7 Contractor Signature Date -3- 1. INSTALL HANDRAIL: X❑ Basement Stair ❑ Front Stair ❑ Rear Stair ❑ Upper Level Stair One handrail shall be installed on stairways 44" or less in width, except that stairways open on one or both sides shall have handrails provided on the open side or sides. Handrails shall not be less than 30 nor more than 3411 in height above stair tread. Unenclosed floor, c landings and ramps at a height of over 30" from floor or grade shall have 'a guardrail. Guardrail shall not be less than 36 in height and shall have intermediate rails or an ornamental pattern such that a sphere 6" in diameter cannot pass through. Materials and finish shall be specified in the Scope of Improvements and installation shall be in compliance with the State Building Codes. QX Addition: Provide handrail according to code to basement 2. INTERIOR - EXTERIOR STAIRS Repair Basement. © P Q Basemen Q Second Storey Front [j Rear Entrance Stairs Q Replace ❑ Basement ❑ Second Storey Q Front Rear Entrance nce Stairs Stair riser to be a minimum of 4" to a maximum of 7 " high. Stair tread to be a minimum of 11" wide. Wood stair stringer shall be of 2 x 10 nominal stock. Exterior stairs can be of treated stock or concrete having footings 42" minimum below grade. XQ Addition: Repair bottom two steps at basement stairway. -1- 3. REPAIR FOUNDATION: Q All joints shall be completely filled with mortar. Q Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 1/2" and wetted. Addition: 4. CRAWL SPACE: Q Either insulate perimeter foundation wall to R -11 or floor to a minimum of R -19. A 6 mil. polyethylene plastic vapor barrier shall be installed over dirt area and be weighted by sand, rocks or other non -wood materials. Q Addition: 5. BASEMENT FLCOR: Q Patch holes and large cracks. Q Addition: -2- 6. POST AND BEAM Q Repair or replace as marked. © Addition: Add support to roof rafters in gar age. 7. ACCESSIBILITY IMPROVEMENTS ❑ Refer to Minnesota State Building Code Chapter 55 for accessibility architecture specifications. The type and scope of accessibility improvements shall be at the discretion of the Grant Administrator. Addition: 8. ELECTRICAL: X❑ Install new U.L. certified 100 amp service panel and circuit breakers. ❑ Relocate unprotected plastic coated conductors to center of wood joist or in metal protective tubing located in ® Provide grounded receptacle for: ® Washer & Dryer on a separate 20 amp circuit. ❑ Water Softner. ❑ Other 1J Replace hanging light or receptacle with porcelain fixture mounted on an approved box and properly grounded. ❑ Provide separate 15 amp circuit to furnace. X❑ Provide separate 20 amp circuit to kitchen countertop work area receptacles. -3- ELECTRICAL CONTINUED ❑ Add wall receptacle in; 17 kitchen; ❑ in dining room; bedroom ❑ bedroom ❑ bedroom ❑ bedroom ❑ living room❑ bathroom ❑ with ❑ without ground fault. ❑ laundry room X❑ Addition: Wire garage according to code. 9. ELECTRICAL MAST; Q Relocate ❑ Other Q Addition: Relocate mast according to code. ALL ELECTRICAL WORK SHALL BE IN COMPLIANCE TO THE NATIONAL ELECTRICAL CODE. 10. MECHANICAL: ❑ Provide ventilation of enclosed furnace space. ❑ Provide heat loss calculation of dwelling and install new heating manufacturer's instructions capable to meet the heat loss. The minimum AFUE shall be listed at 80% and shall include damper efficiency. New appliance shall be AGA or UL listed and orsat tested. -4- ❑ Replace gas valve with approved lever handle gas valve or ball valve ❑ Replace vent connector from furnace to chimney with 26 gauge galv. sheet metal vent materials. ❑ Provide combustion air ❑ Provide set back thermostat. ❑ Reline existing Class B Chimney to expel water heater or other gas appliance combustion gases if new heating appliance is vented through the side wall. ❑ Remove ❑ Reline existing Class B Asbestos Chimney. ❑ Add warm air re in ❑ Add return air register in ❑ Add Duct work ❑ Addition: ALL PECHANICAL WORK SHALL BE IN COMPLIANCE WITH STATE IECHANICAL CODES. 11. PLUV1BING ❑ Install new gallon energy miser water heater having AGA or UL listing complete with necessary gas piping tested for leaks, new lever handle gas valve or ball valve, new vent connector sealed and secured at all joints, new temperature pressure relief valve with 3/4 overflow tube extending to 6 above finished floor. Water heater shall be warranted for five years. ❑ Install cold water shut off valve on existing water heater. © Install approved gas valve on existing water heater, -5- PLUMBING continued Install temp., pressure, relief valve on existing water heater. (Pipe on) ❑ Install new vent connector on existing water heater. ❑j Install new approved gas valve on gas dryer. ❑j Vent gas dryer to outside air. ❑ Plug or cap open gas valve or fitting located at or near ❑ Disconnect existing well water and reconnect water service to City water with meter and reconnect electrical ground to City side of water meter. Well to be properly abandoned, inspected and approved by the State Health Department or City Sanitarian. [� Rout out main house sewer and clear stoppage. ❑ Repair or replace inoperable water softener. ❑ Install new kitchen sink vented to outside air. ❑ Install new kitchen sink water supply tubes and valves. ❑ Install new kitchen sink trap. ❑ Install new lavatory sink vented to outside air. ❑ Install new bathroom lavatory water supply tubes and valves. ❑ Install new bathroom lavatory trap. ❑ Install new bathroom water closet complete with seat and shut off valve.' ❑ Install new water closet setting seal gasket. ❑ Install new bathtub vented to outside air. ❑ Install new bathtub waste trap. ❑ Install new bathtub wall enclosure and shower curtain rod. ❑ Install new laundry tub vented to outside air. ❑ Install new laundry tub waste trap. ❑ Floor Drain El Inoper`ble Q Install ❑ Other 1) Provide jumper wire across water meter. 2) Adjust toilet t o have one inch air gap tor bacKf1ow preveff ionor replace. Re sur hatht or r�- ) Provide a'nrnvPd gas, valve for gas ranee. 5) Provide ba kflow preventer for outside spigots and laundry tub faucet. PLUMBING continued ❑ New kitchen sink shall be 33" x 22" self - rimming, unless otherwise specified in the Scope of Improvements. Sink shall be stainless steel or cast iron and faucets shall be either single lever or two handle. a. Garbage disposal is only an acceptable work item in these two circumstances. ❑ 1. reinstallation of existing disposal when installing a new sink. ❑ 2. removing and disposal. ❑ New bathtub shall be cast iron, fiber or steel. Faucets shall either be single lever or two handle. Color selection shall be limited white unless specified to match existing color. Installation of a fiberglas tub insert is at the discretion of the Grant Administrator. ❑ New lavatory shall be wall -hung or with vanity. Trap shall be .17 gauge. Color selection shall be limited to white unless specified to match existing color. Refer to Carpentry section for dabinet specification. ❑ New water closet shall be viterous china with close coupled tank, include seat and anti - siphon ballcock. Color selection shall be limited tD white unless specified to match existing color. ❑ New laundry tub shall be fiberglas and securely attached to wall or free standing. Faucet shall be stainless steel or brass type and nonthreaded or with a vacuum breaker. ❑ Provide basement interior perimeter wall drain tile system and floor sump pump. Sump pump shall discharge to an exterior french drain or City storm sewer. French drain shall be located a minimum of ft. from foundation - wall and be filled with a minimum of cubic feet of 3/4 stone. Stone shall be topped with sod or reseeded to match existing landscape. ❑ Addition: [] Provide Municipal Water - House connection to municipal water line shall entail a bid specifying municipal tap -in fee, total length and cost per foot, location and permit. Connect to house supply lines, patch any unnecessary holes incurred where water line enters house, repair any necessary street damage, back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: -7- PLUMBING continued ❑ Provide Septic Sewage System - System shall be specified in the bid and include drawing. Installation shall include testing and permit costs. Connect to house drainage lines, provide reasonable protection to lawn, driveways, etc., back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: ❑ Provide Municipal Sewer - House connection to municipal sewer line shall entail a bid specifying municipal tap -in fee, total length of line and cost per foot, location and permit. Connect to house drainage lines, patch any unnecessary holes incurred where line enters house, repair any necessary street damage, fill existing septic tank(s) with dirt and back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work. ❑ Addition: ALL PLUMBING WORK SHALL BE IN CCMPLIANCE WITH THE STATE PLL1BING CODE 12. CEILINGS (See General Specification) ❑ Repair Ceiling in ❑ Kitchen [] Dining room ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom [❑ Basement ❑ Basement ❑ Closet h 13. WALLS (See General Specification) Repair Wall in ❑ Kitchen © Dining room ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom (❑ Bedroom ❑ Basement ❑ Closet of Repair wall above window in dini room. -8- WALLS continued Q Wall and Ceiling Repair General Specification: I. Wherever existing walls or ceilings are to be repaired, the damaged and loose material shall be completely removed and new material shall be sized and installed to match and blend in with the adjoining and surrounding work. All repairs shall be properly prepared to receive the finish application. 2. Plastering - New plastering work shall be installed in compliance with the State Building Codes. 3. Wall Board - shall be installed in compliance with the State Building codes. 4. Perforated Tape Mix - shall comply with the recommendations of the manufacturer. A minimum temperature of 55 degrees Fahrenheit shall be maintained in the room where work is done until the cement is completely dry. 5. Perforated Tape Application - Follow manufacturer's directions. a. Over Joints the tape shall be embedded in cement and covered with a thin layer of cement. A second and third coat shall be applied. Each coat shall be dry before applying the next coat. Each coat shah be featheredged and extended beyond the previous coat (approximately 2 The finish coat shall be sanded lightly and any imperfections filled in prior to any painting and decorating. b. Check to see that all nails have been driven so that their heads are below the surface of the board leaving a dimple in the surface without breaking the paper. Cover the nails dimple with three applications p ree _ of cement allowing time to dry between each coat. The final coat shall be sanded lightly before application of paint or other decoration. c. Inside corners shall be reinforced w 4-h tape embedded in cement finished as specified "Over Joints ". d. Outside corners shall be protected by wood moulding, metal moulding or metal corner reinforcement. Metal corner reinforcement shall be fin I-ned with two coats of cement as specified. 6. Waterproof gypsum board shall be used in areas specified in the State Building Code. Install water resistant wall board base in the bath and shower enclosure, and apply wall board with long edge horizontally over the tub, allowing 1/4 space between the board and tub. 7. Adhesive is an acceptable bonding material. Adhesive shall be specified according to usage and location and applied in strict compliance with the manufacturer's specit"ications. -9- WALLS continued 8. Pan_ e� installation shall be 3/16 prefinished paneling of a medium quality installed as per manufacturer's recommendations. Cwner shall have choice of paneling color and style. 9. Furring strips - New ceiling shall be installed over 1" x 3" furring strips, 12 on center. When ceiling butts to wood or paneled walls, 3 /411 to 1 1/2 cove moulding shall be installed along edge. New walls shall be installed over 1 x 2 furring strips, 16 on center. Any existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over new wall material, unless otherwise specified in the Scope of Improvements. New work shall be level and plumb with adjoining and surrounding work. Addition: 1 FINISH FLCORING Repair Reolace Floor Covering in Kitchen Diningroom Livingroom Bathroom Bedroom Bedroom Bedroom Bedroom Basement Closet of 1. Existing wood flooring shall be repaired to match existing or blend in with the adjoining and surrounding work. 2. Resilient flooring shall be sheet vinyl or vinyl asbestos tile minimum thickness 1 /16 Tile shall be medium quality and laid inexact accordance with the manufacturer's specifications. Cwner to select color and pattern from readily available selection. 3• Carpet shall be a color and pattern from readily available selection of medium quality and priced carpet. 4. A finished wood, vinyl or metal moulding along edge of floorin g shall be installed as part of the finish flooring installation. -10- FLOORING continued 5. Plywood used as subfloor shall be a minimum of 1/2" thick, nailed to joist spaced 16 on center along intermediate members, installed with outer plies at right angles to the joists and staggered so the end joists in adjacent panels bear on different joists. 6. Underlayment shall be 1/4 structural grade plywood, particle board or untempered hard board placed with smooth side up. ❑X Addition: Provide seam cover over joint on vinyl floor. 15. EXTERIOR - L�CORS Repair and Refinish: ❑ Front Door ❑ Rear Door ❑ Side Door ❑ Garage Door Weather Seal: ❑ Front Door C Rear Door ❑ Front Storm Door ❑ Rear Storm Door Replace: Q Front Door ❑X Rear Door ❑X Garage Door All exterior doors shall be solid core wood or insulated steel and complete with hardware, strike plat and lock set. Installed doors shall be prehun or sized to fit frame complete with stops, weatherstripping and jambs. After trimming and fitting of door, all edges shall be "'in shed to match existing or blend in with the adjoining and surrounding work. A doer bumper and threshold are included on all exterior doors. Note: Replace all rotten wood around doors. 16. EXTERIOR STORM DOOR ❑ Repair: ❑ Front Storm Door ❑ Side Storm Door ❑X Replace: ❑ Front Storm Door ❑ Side Storm Door (Back) Storm doors shall be solid core aluminum or wood with storm and screen inserts and complete with hardware and strike plate. Installed doors shall be sized to fit frame. All edges of wood storm shall be finished to match existing or blend in with the adjoining and surrounding work. -11- 17. INTERIOR DOORS ❑ Repair Door to: ❑ Basement ❑ Bathroom ❑ Bedroom ❑ Bedroom Q Bedroom Q Bedroom ❑ Closet in Replace Door To: ❑ Basement ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom Q Closet in Interior doors shall be hollow core or panel and complete with hardware and stri e plate. Installed doors shall be prehung or sized to fit frame complete with stops and jambs. After trimming and fitting of door, all edges shall be finished to match existing or blend in with the adjoining and surrounding work. A door bumper is included on all interior doors. Bathroom door shall be provided with "privacy" lock set. ❑ Addition: -12- 18. EXTERIOR STORM AND SCREEN WINDOWS ❑ Repair ] Replace Basement Q Q Kitchen ❑ Diningroom ❑ Livingroom E Bathroom ❑ Bedroom ❑ Bedroom Q Bedroom ❑ Bedroom Storm windows shall be aluminum combinations of medium quality, unless otherwise specified in the Scope of Improvements. 19. HOUSE WINDOWS ❑ Repair and Refinish Windows in: ❑ Basement ❑ Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom Repair of windows or replacements of frames, sills, sash, trim and hardware shall match existing work in wood, design, dimensions and finish, unless otherwise specified in the Scope of Improvements. Where sash counter balances are to be removed, the area must be insulated properly. Friction guides are acceptable as substitutes. Cotton cord replacement is acceptable. A positive locng device shall be installed on all windows. All broken g lass shall be replaced with new glass, matching existing in size and design and properly reglazed. All excess material shall be removed and all glass left clean. Weather Seal Windows in: ❑ Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom Bedroom ❑ Basement Caulk and weatherstrip around all primary door and window frames, window panes or other locations that lead to an unheated space or which calls for a seal and watertight job. Materials shall be of standard brands and application shall be in exact accordance with the manufacturer's specifications. -�3- (1) (2) (3) Replace Window in: Q Kitchen © Diningroom ❑ Livingroom ❑ Bathroom (2) (2) Q _ Right Bedroom ❑ Left Bedroom (1) (1) 9 E _Rear Entry Bed -r e ❑X Room off Rear Bedroom - ❑ Basement Entry (12 Windows) Openings of new window units shall be framed to provide a rigid enclosure for the installation of windows. Frames shall be set plumb, level and square within clearance limits. New windows shall match the adjacent windows in design, glass, material and finish, unless otherwise specified in the Scope of Improvements. Installed windows shall be weathers tripped, left clean, tight and weatherproof. ® A positive locking device shall be installed on all windows. ❑ Installed below grade bedroom window used as an excape exit shall have a opening size of not less than 5.7 sa. ft. with a minimum of 24 depth and 20" width. The interior sill height shall not be more than 48" from floor. Exterior of window shall be cleared for exit and when an areawell is installed it shall be of treated wood or galvanized metal. © When a bedroom window unit is replaced, the new unit shall be sized to meet the requirements of the State Building Codes. ❑ Addition: 1) Replace wood around dining room window. 2) Replace all rotten wood around windows. 20. INSULATION ❑ Insulate attic space to meet a minimum R -38 rating and have a vapor barrier, where accessible. Air chutes shall be installed where there is soffit venting. Provide protection around all recessed lights, junction boxes and chimney. Access opening shall be sized a minimum of 22" x 30 ", framed and insulated. ❑ Insulate exterior walls to a minimum of R -11. Drill holes and blow in insulation between wall studs approximately every lb" on center and below each fire stop. Holes shall be patched to match existing or blend with adjoining and surrounding work. Q Insulate exterior foundation with rigid insulation of R -11 to above grade and extend insulation 2' below grade and cover insulation with a non - combustible material. Foundation insulation shall be at the discretion of the Grant Administrator. -14- INSULATION continued ❑ Insulate accessible area rim joist to a minimum of R -19 with vapor barrier facing warm side. ❑ Addition: 21. VENTILATION soffit El Provide atrt -� ventilation per Uniform Building Code as follows: Ventilation - where determined necessary by the building official due to atmospheric or climatic conditions, enclosed attics and enclosed rafter spaces formed where ceilings are applied direct to the underside of roof rafters shall have cross ventilation for each separate space by ventilating openings protected against the entrance of rain and snow. The net free ventilating area shall be not less than 1/150 of the area of the space ventilated, except that the area may be 1/300, provided at least 50% of the required ventilating area is provided by ventilators located in the upper portion of the space to be ventilated at least three feet above eave or cornice vents with the balance of the required ventilation provided by eave or cornice vents. The openings shall be covered with corrosion- resistant metal mesh with mesh openings of 1/4 in dimension. ❑ Provide kitchen ventilation - Exhaust Fan - kitchen without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include mounting fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. ❑ Repair kitchen ventilation. ❑ Provide bathroom ventilation - exhaust Fan - Bathroom without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include moutin fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. ❑ Repair bathroom ventilation. X❑ Addition: Prov i de soffit vents according to code. -15- 22. EXTERIOR SIDING ® Repair or replace all rotten boards and nail down all loose boards or shingles prior to receiving new siding. Side walls shall be furred out if necessary to make walls level, plumb and free from waves, buckles and sags. Installation shall be in strict compliance with the manufacturer's specifications. . C] Existing brick work shall be repaired to match existing or blend in with the adjoining and surrounding work. 0 Reside exterior with .024 gauge, nominal thickness, insulated type aluminum of medium quality or equal. Color selection by owner. Installation shall include window J channel, door channel, inside and outside corners, starter strip, finish mould and caulking. Backing shall be installed under siding and be of proper thickness. All nails and rivets shall be properly secured. Staples shall not be used for installation. ® Cover all window, door trim and sills with baked enamel aluminum, minimum .019 gauge. Color selection by owner. Lao - Siding shall be minimum 7/16" thick x 16 long, smooth, pre - primed masonite panels. Siding shall be installed with corrosion resistant nails and all ends shall be attached together with H- moulding and sealed with exterior caulking. Lap siding shall extend to 6" above finish grade. Novelty - Cover indicated sections of structure with new wood novelty siding, or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Siding shall be installed over vapor barrier, blend and conform with existing structure. All horizontally applied siding shall be staggered with minimum of two stud spaces. ® Cover soffit and fascia with .019 gauge baked enamel aluminum using solid or perforated soffit material. Color selection by owner. Soffit panels shall be secured in channels to eliminate looseness and rattling. Materials shall be lapped for proper drainage and applied in full sections. Caulk joints. Staples shall not be used for installation. (Keeping storm windows). © Addition: Replace exterior siding on front of house only. -16- 23. PAINTING ❑ Repaint exterior siding, cornice, window and door trim including doors and windows as follows: Wood surfaces to be painted shall be cleaned by best means possible to remove loose and scaley paint and rough spots any any obvious oil and /or grease that may be covering existing wood or paint. Where previous coats have chipped and peeled, the edge shall be feathered to the maximum extent feasible and spot primed with a high quality oil base paint before finish coats are applied. No paint shall be applied until all nail holes have been filled and sanded and all defects in wood work have been eliminated. Paint shall be medium grade and applied according to the manufacturer's specifications and applied to secure full coverage. Use primer where required. Owner to select color from readily available selection. Spray application is not acceptable, unless authorized by the Grant Administrator. 24. GUTTERS AND DOWN SPOUTS ® Provide gutters and down spouts as follows: a) New gutters shall be minimum 5 wide .032 gauge aluminum with hangers placed under roofing. b) New downspouts shall be minimum 2 x 3 rectangular .020 gauge aluminum. C) Finish of gutters and downspouts shall be a baked on enamel finish. Owner to select color from readily available selection. d) Gutters shall be installed with slight pitch to the downspout. Gutters shall be securely mounted to the roof, 36" or less on center. Downspouts to be installed at one end of gutters and extend 2' at the bottom with extension. Extension or splash block shall be installed' when the gutter and downspout system does not directly connect into a drainage system. ❑ Addition: I -17- 25. ROOFING ❑ Provide new roof per City of Brooklyn Center Handout and as follows: New roofing shall be in compliance with the State Building Codes and Manufacturer's installation instructions. Flashing, plumbing jacks and roof vents shall be checked and replaced with new when damaged, rusted or missing. Drip edge shall be installed along eave edge. All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter and all sagging portions of roof shall be corrected. Materials - New roofing shall carry the Class C label of wind resistance from the Underwriter's Laboratories and be applied according to the manufacturer's specifications. The type and weight of the materials used for the roofing shall be in compliance with the State Building Codes. Application - Surfaces to which roofing is to be applied shall be even, sound, thoroughly clean, dry and free from all defects that might affect the quality of application. a) Asphalt Shingles - No more than one overlay of asphalt Shingles shall be applied over an existing asphalt shingle roof. Shingles shall be fastened with not less than four nails or staples per shingle. Installed shingles shall be 235# - 240# 3 -tab self sealing. Roll roofing shall be installed when the slope is 4 or less. Owner to select color of shingles from readily available selection. b) Built -up - Existing roofing material shall be removed down to bare wood. New roofing shall be 4 -ply built -up tar and slag or gravel roof, including all new flashing of either metal or asphalt mineral roll material. Roof shall be installed in such a way that there is no ponding water. c) Wood Shingles and Shakes - Repair of existing roof shall match existing or blend in with the adjoining and surrounding work and include a contractor warranty for the repair work. d) Fiberglas - is an acceptable roofing material. ❑ Tear off existing roof and remove from site. []Addition: -18- 26. CHIMNEY ❑ Repair or replace missing brick. ❑ Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 1/2" and wetted. ® Provide masonry chimney cap. ❑ Addition: 27• KITCHEN AND BATHROOM CABINETS ❑ Repair damaged kitchen cabinets. Q Repair damaged bathroom lavatory cabinet. ❑ Replace or add kitchen cabinets: New cabinets shall be described in complete detail, including design, dimension, installation and location of top or base units, detail of drawers, doors and shelves, type of material and finish in the Scope of Improvements. The contractor shall submit a drawing of the proposed cabinets. ❑ Replace bathroom lavatory cabinet: Vanity - lavatory base cabinet shall be medium quality. Teo shall be approximately 22" wide with 3 " back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. ❑ Replace kitchen cabinet top: Kitchen Counter Top - shall be self edge or self forming formica with 4 backsplash. Separate backsp lash material shall match formica counter top material. ❑ Replace bathroom lavatory vanity: Vanity - lavatory base cabinet shall be medium quality. Top shall be approximately 22" wide with 3" back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. ❑ Provide bathroom medicine cabinet: Cabinet - shall be standard size, recessed, or surface mounted, with a minimum of three shelves and mirror. When light fixture is included, fixture shall be wired on separate wall switch. -19- 28. SMOKE DETECTORS ❑ Install UL listed battery - operated smoke detector per manufacturer's instructions without escape light complete with working batteries. 29. GRADING Q Provide grade fill as follows: ❑ Grade - Fill material shall be free of debris or other detrimental material. All fill shall be compacted to a density that will avoid damaging settlement to lot improvement. Top soil shall be a minimum of 4 11 compacted depth and free from stones, debris and other materials detrimental to plants. Slope away from building, 4 11 -6" over a distance of 3'-4' out from wall. Foundation walls shall extend at least 6 above the finished grade adjacent to the wall at all points. X❑ Seeding and Sodding as required. 30. EXTERIOR CONCRETE WORK Q Replace crumbled or broken sidewalks. ❑ Replace crumbled or broken garage entrance apron. 31. MISCELLANEOUS 1) Repair stucco around the bottom of house . 2) Replace crumbled sidewalk in backyard and beside garage. 3) Replace concrete garage floor. 4) Repair or replace sidewalk on south side of house. MEMORANDUM TO: Tom Bublitz Community Development Specialist tY P P� st FROM: David Fisher, Building Inspector DATE: April 18, 1994 SUBJECT: Rehabilitation g rant for 5419 Emerson Avenue No Owner: Michael & Leah Anderson H -119 (8045) The subject property is a 3 bedroom land 1/4 story dwelling built in 1938. The City Assessor has this house estimated property valued at $60,200. Deficiencies noted include electrical, rotten windows, and siding. The following is a list of repairs that will help bring this dwelling up to code. ELECTRICAL: 1. Install 100 amp service to panel and label all service breakers. 2. Provide separate 20 amp circuit and grounded receptacle for washer and dryer. 3. Provide separate 20 am circuit and round P p grounded receptacle to kitchen counter top work area. 4. Wire garage to code. 5. Relocate mast to code. 6. Provide jumper wire across water meter. PLUMBING 1. Install listed gas valve on existing water heater. 2. Install pipe within 18 inches of the floor on temp. pressure, relief valve on existing water heater. 3. Install listed gas valve on existing gas dryer and rang. 4. Vent gas dryer to outside air. 5. Rout out main house sewer and clear . I ANDERSON MEMORANDUM April 18, 1994 Page 2 PLUMBING CONTINUED 6. Adjust toilets to have one inch air gap for back flow prevention or replace toilets to meet code. 7. Resurface bathtub or replace. 8. Provide back flow preventers for outside spigots and faucet on laundry tub. MISCELLANEOUS 1. Provide handrail on basement steps to code. 2. Repair bottom two steps on steps going to basement. 3. Add support to roof rafters in garage. 4. Repair wall in dining room above window. S. Provide seam cover over joint on vinyl floor. 0 6. Replace front and rear exterior doors. 7. Replace rear storm doors. 8. Replace garage service door. 9. Replace all basement exterior storm windows. 10. Replace windows in kitchen, dining room, living room, back entry, room before back entry and both bedrooms. ( 12 total ) Bedroom windows must meet egress requirements. Replace all rotten wood around windows. 11. Insulate foundation per spec 12. Install soffit vents per spec.. 13. Reside front of house with aluminum per spec. 14. Cover all window and door trim and sills with aluminum per spec. 15. Cover soffit and fascia with aluminum per spec. ANDERSON MEMORANDUM April 18, 1994 Page MISCELLANEOUS CONTINUED 16. Provide gutters and down spouts per spec. 17. Replace missing chimney cap. 18. Provide grade fill per spec. 19. Seed or sod as required. 20. Replace crumbled and uneven sidewalk. By back entry and on south side of garage. 21. Repair stucco around outside of house. 22. Replace concrete floor in garage. 23. Repair or replace sidewalk on south of house. It is slanting toward the house. URBAN HENNEPIN COUNTY HOUSING REHABILITATION P FILE SUMMARY Funding: E 11RFA. Da f: MR-FA Rov. MHFA Ac c e Other.: Client: ` 2wS Address: a512 ,� lZ kESJFr-- t4 Zip: 55 42A Phone: - O Sot 8 A_p Recd: Process Begun: completed. # Waalrs: El igibility Established: (date of earliest verification); t A . A A i=7Y'i!'S I I I.' 7Y' k' �' �' ��sYFt$ St�F�': �7YS10E 'k'��k".�'�'7�'.��!'�'t -k6�F Se.; : F' Ethnicity: W :farital Status: Handicapped Household: NC3 ° sai3e its 7 # Renters: Age of House: _ Yearc Reoident: � - 7 Adjusted Mkt Val. - (MI Val % 110 %) + 50% max lean: $ _ " 2 Equity (or adjusted equity); $ -:- i ,.-max::: s sr r k;{ { rxxk E 'c�Y k�Y�F7Yx7k�r�E:�^kk�F�k�F k lit k k�Y�Y5k3r7k�F�k kXk xx: E For mu! t- p ± -- incomes of one cype enter totals be 6r slivw verifications on rcVcrse . income Source Monthly $ Verified With 120 day s? Salary Self Employment �5 �. '� ©_ V Ia.. q _._ .... ..... SS E � Hcrt faintenace 4� 5 .OU Lb -, q4 U Rent ?ersion Interest Other }� Tctal monthly income; Monthly expenditures: $ � (List on reverse) Aff- .rtabil ity: $ C '. (if ..negative, within 5$ n of mothly income ?�) d z _' = rEc e: $ ��� j Eligible income. f'or.h' hold In city: Aws. -s: $ 1 '6 (If verification r4gtUred, list on reverse) "itie �Terified. VZ- ' : C gtgtf Zoning, Verified: A- �sra Scope Out: Complete Bids: - TOTAL P.02 URBAN HENNEPIN COUNTY HOUSING REHABILITATION GRANT PROGRAM PROPERTY INSPECTION REQUEST TO COUNCIL: 4-25 -94 H - 118 APPLICANT INSPECTION Name Ann Marie Wrzos Staff Matt Moore, Da Fish L a u rie House Address 3512 72nd Avenue North Date 4 -6 -94 Brooklyn Center, MN 554 29 Time 9:30 - 11:30 a.m. Phone 560 -0548 Inspector Matthew Moore, David Fisher Building Age: 36 years Garage: Detached 320 square feet City Assessed Total Market Value $72,200 H -118 TABLE OF CONTENTS PART PAGE ® HANDRAIL - GUARDRAIL: $ 1 Where require J, Height of, Baluster Spacing and Installation, Specification for 2 RS INTERIOR - EXTERIOR STA ❑ I $ 1 Repair or Replacement of, Rise and Run and Installation, Specification for 3 ❑ FOUNDATION $ 2 Repair of -Tuck Pointing Insulation Installation and Specification for 14 4 ❑ CRAWL SPACE: $ 2 Insulation of and Vapor Barrier, Installation for 5 Q BASEMENT FLOOR $ 2 Repair of 6 ❑ POST AND BEAM: $ 3 Repair of, Replace 7 ❑ ACCESSIBILITY IMPROVEMENT $ 3 For Barrier Free and Handicapped Persons 40 X ELECTRICAL ❑ $ 3 Upgrade pgra e Service, Unprotected Conductor = Washer, Dryer, Hanging Receptacle, Furnace and Kitchen Circuits Wall Receptacle, Ground Fault 4 9 ❑ ELECTRICAL MAST: $ 4 Relocation of 10 ® MECHANICAL $ 4 Enclosed Space Ventilation, Replace Furnace Thermostat, Chimney, Registers, Ductwork 11 ❑X PLUMBING: $ 5 Water Heater Replacement, Cold Water Shut -off, Gas Valve T.P.R. Valve, Vent Connector, Dryer Gas Valve, Dryer 6 - Ventilation, Open Gas Device,Well Abandonment, Plugged Sewer, Water Softener, Kitchen Sink Vent, Trap, Water Supply, Lavatory Vent, Trap, Water Supply, Water Closet and Sealing Gasket, Bathtub Vent, Trap, Wall Enclosure, Laundry Tub Vent, Trap, Floor Drain Plumbing Fixture Material and Performance Specifications 7 for, Drain Tile, Main Water Line Septic System, City Sewer 8 -1- TABLE OF CONTENTS PART PAGE 12 0 CEILINGS $ Repai r of 13 ❑X WALLS: $ 8 Repair of 13 Ceiling and Wall Performance and Material Specifications for 9 -1i 14 FINISH F LOORS : $ 10 -1 Replacement of, Performance and Material Specifications for 15 © EXTERIOR DOORS: $ 1 Repair - Refinish of, Weather Sealing, and Replacement of, Performance Specification for lb Q EXTERIOR STORM DOORS: $ 1 Repair - Replacement of, Material Specification for 17 ❑X INTERIOR DOORS $ 1; Repair - Replacement of, Performance and Material Specifications for 18 Q EXTERIOR STORM AND SCREEN WINDOWS $ 1: Repair - Replacement of, Material Specification for 19 © HOUSE WINDOWS $ Repair - Refinish of, Weather Sealing of, Replacement of,. Material and Performance Specification for 20 X❑ INSULATION: $ 14 -1 ttttii�c, Wall, Foundation, Rim Joist Installation, Material and Performance Specification for, Code Requirement 21 0 VENTILATION: $ 1E Provision of Attic, Kitchen, Bathroom, Repair of, Material and Performance Specification for 22 ❑ EXTERIOR SIDING: $ lE Installation, Repair or Replacement of, Soffit and Facia, Window, Door and Cornice Trim, Material and Performance Specification for 23 ❑ EXTERIOR PAINTING: $ 1: Material and Performance Specification for 24 ❑ GUTTERS AND DOWNSPOUTS: $ 1- Provision for and Replacement of, Material and Performance Specification for 25 © ROOFING: $ E Repair - Replacement - Removal of, Material and Performance Specification for -2- TABLE OF CONTENTS PART PAGE CHIMNEY Repair - Reline - Replacement of $ 5 -19 27 KITCHEN & BATHROOM CABINETS $ 19 28 [] SMOKE DETECTORS Installation of $ 20 29 GRADING Material and Placement Specification for, Seeding and $ 20 Sodding of 30 C1 EXTERIOR CONCRETE WORK Replacement - Repair of, Sidewalks, Garage Apron, Etc. $ 20 31 FX7 MISCELLANEOUS: $ 20 TOTAL $ Contractor Nave: Address: City State Phone: Home Work Homeowner Name: Address: Phone: H7 Contractor Signature Date -3- 1. INSTALL HANDRAIL: X❑ Basement Stair ❑ Front Stair ❑ Rear Stair ❑ Upper Level Stair One handrail shall be installed on stairways 44" or less in width, except that stairways open on one or both sides shall have handrails provided on the open side or sides. Handrails shall not be less than 30 nor more than 34" in height above stair tread. Unenclosed floor, open landings and ramps at a height of over 30" from floor or grade shall have a guardrail. Guardrail shall not be less than 36 in height and shall have intermediate rails or an ornamental pattern such that a sphere 6 in diameter cannot pass through. Materials and finish shall be specified in the Scope of Improvements and installation shall be in compliance with the State Building Codes. ❑ Addition: 2. INTERIOR _ EXTERIOR STAIRS ❑ Repair ❑ Basement [] Second Storey [] Front ❑ Rear Entrance Stairs ❑ Replace [] Basement ❑ Second Storey ❑ Front ❑ Rear Entrance Stairs Stair riser to be a minimum of 4" to a maximum of 7 " high. Stair tread to be a minimum of 11" wide. Wood stair stringer shall be of 2 x 10 nominal stock. Exterior stairs can be of treated stock or concrete having footings 42" minimum below grade. ❑ Addition: -1- 3• REPAIR FOUNDATION: Q All joints shall be completely filled with mortar. [] Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 1/2" and wetted. Q Addition: 4. CRAWL SPACE: F] Either insulate perimeter foundation wall to R -11 or floor to a minimum of R -19. A 6 mil. polyethylene plastic vapor barrier shall be installed over dirt area and be weighted by sand, rocks or other non -wood materials. 4b I [] Addition: 5. BASEMENT FLOOR: Patch holes and large cracks. g c c Q Addition: I s -2- 6. POST AND BEAM ❑ Repair or replace as marked. ❑ Addition: 7. ACCESSIBILITY IMPROVEMENTS ❑ Refer to Minnesota State Building Code Chapter 55 for accessibility architecture specifications. The type and scope of accessibility improvements shall be at the discretion of the Grant Administrator. ❑ Addition: 8. ELECTRICAL: ❑ Install new U.L. certified 100 amp service panel and circuit breakers. ❑ Relocate unprotected plastic coated conductors to center of wood joist or in metal protective tubing located in ® Provide grounded receptacle for: ❑ Washer & Dryer on a separate 20 amp circuit. ❑ Water Softner. ❑ Other ❑ Replace hanging light or receptacle with porcelain fixture mounted on an approved box and properly grounded. ❑ Provide separate 15 amp circuit to furnace. ❑ Provide separate 20 amp circuit to kitchen countertop work area receptacles. -3- ELECTRICAL CONTINUED ❑ Add wall receptacle in: kitchen; ❑ in dining room; ❑ bedroom ❑ bedroom ❑ bedroom ❑ bedroom ❑ living room bathroom ® with ❑ without ground fault. ❑ laundry room (bathroom upstairs). ® Addition: Repair switch in dining room Install two hardwired smoke _detectors outside of sleeping rooms 9. ELECTRICAL MAST; ❑ Relocate ❑ Other ® Addition: 1) Cover open junction box above fuse panel 2) Two hardwired -smoke detectors upstairs and downstairs sleeping rooms 3) Repair _repair lower level bathroom fan ALL ELECTRICAL WORK SHALL BE IN COMPLIANCE TO THE NATIONAL ELECTRICAL CODE. 10. MECHANICAL: ❑ Provide ventilation of enclosed furnace space. ® Provide heat loss calculation of dwelling and install new heating manufacturer's instructions capable to meet the heat loss. The minimum AFUE shall be listed at 80% and shall include damper efficiency. New appliance shall be AGA or UL listed and orsat tested. -4- ❑ Replace gas valve with approved lever handle gas valve or ball valve ❑ Replace vent connector from furnace to chimney with 26 gauge galv. sheet metal vent materials. © Provide combustion air © Provide set back thermostat. ❑ Reline existing Class B Chimney to expel water heater or other gas appliance combustion gases if new heating appliance is vented through the side wall. ❑ Remove ❑ Reline existing Class B Asbestos Chimney. ❑ Add warm air register in ❑ Add return air register in ❑ Add Duct work ❑X Addition: 1) Install draft stop - "B" vent. 2) Dryer gas valve: replac gas valve. Remove old unused gas valve. 3) RepiDe dryer gas line accor to code. 4) Distribution in rear right room, repair if necessary. ALL MECHANICAL WORK SHALL BE IN COMPLIANCE WITH STATE MECHANICAL CODES. 11. PLUMBING ❑ Install new gallon energy miser water heater having AGA or UL listing complete with necessary gas piping tested for leaks, new lever handle gas valve or ball valve, new vent connector sealed and secured at all joints, new temperature pressure relief valve with 3/4 overflow tube extending to 6 above finished floor. Water heater shall be warranted for five years. 81 ❑ Install cold water shut off valve on existing water heater. © Install approved gas valve on existing water heater. -5- PLUMBING continued [ Install temp., pressure, relief valve on existing water heater. (Extend drop tube) Install new vent connector on existing water heater. ❑ Install new approved gas valve on gas dryer. ❑ Vent gas dryer to outside air. ® Plug or cap open gas valve or fitting located at or near Dryer r eplace old valve. ❑ Disconnect existing well water and reconnect water service to City water with meter and reconnect electrical ground to City side of water meter. Well to be properly abandoned, inspected and approved by the State Health Department or City Sanitarian. ❑ Rout out main house sewer and clear stoppage. ® Repair or replace inoperable water softener. ❑ Install new kitchen sink vented to outside air. ❑ Install new kitchen sink water supply tubes and valves. ❑ Install new kitchen sink trap. QJ Install new lavatory sink vented to outside air. ❑ Install new bathroom lavatory water supply tubes and valves. ❑ Install new bathroom lavatory trap. ❑ Install new bathroom water closet complete with seat and shut off valve. ❑ Install new water closet setting seal gasket. ❑ Install new bathtub vented to outside air. ❑ Install new bathtub waste trap. ® Install new bathtub wall enclosure and shower curtain rod. ❑ Install new laundry tub vented to outside air. ❑ Install new laundry tub waste trap. ❑ Floor Drain ❑ Inoperable ❑ Install ❑ Other 1) Basement toilet: Backflow - repair /replace. 2) Basement tub faucet - replace. Provide backflow prevention on outside spigo s. Baseme a c Provide gas shutoff for s tove. 6) Basement fan — not working. -6- PLUMBING continued ❑ New kitchen sink shall be 33" x 22" self - rimming, unless otherwise specified in the Scope of Improvements. Sink shall be stainless steel or cast iron and faucets shall be either single lever or two handle. is only an acceptable a. Garbage disposal y table work item in these two p circumstances. ❑ 1. reinstallation of existing disposal when installing a new sink. ❑ 2. removing and disposal. ❑ New bathtub shall be cast iron, fiberglas or steel. Faucets shall either be single lever or two handle. Color selection shall be limited white unless specified to match existing color. Installation of a fiberglas tub insert is at the discretion of the Grant Administrator. New lavatory shall be wall -hun g or with vanity. Trap shall be .17 gauge. Color Q selection shall be limited to white unless specified to match existing color. Refer to Carpentry section for dabinet specification. ❑ New water closet shall be viterous china with close coupled tank, include seat and anti - siphon ballcock. Color selection shall be limited to white unless specified to match existing color. ❑ New laundry tub shall be fiberglas and securely attached to wall or free standing. Faucet shall be stainless steel or brass type and nonthreaded or with a vacuum breaker. ❑ Provide basement interior perimeter wall drain tile system and floor sump pump. Sump pump shall discharge to an exterior french drain or City storm sewer. French drain shall be located a minimum of ft. from foundation wall and be filled with a minimum of cubic feet of 3/4" stone. Stone shall be topped with sod or reseeded to match existing landscape. ❑ Addition: ❑ Provide Municipal Water - House connection to municipal water line shall entail a bid specifying municipal tap -in fee, total length and cost per foot, location and permit. Connect to house supply lines, patch any unnecessary holes incurred where water line enters house, repair any necessary street damage, back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: -7- PLUMBING continued ❑ Provide Septic Sewage System - System shall be specified in the bid and include drawing. Installation shall include testing and permit costs. Connect to house drainage lines, provide reasonable protection to lawn, driveways, etc., back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work shall be at the discretion of the Grant Administrator. ❑ Addition: ❑ Provide Municipal Sewer - House connection to municipal sewer line shall entail a bid specifying municipal tap -in fee, total length of line and cost per foot, location and permit. Connect to house drainage lines, patch any unnecessary holes incurred where line enters house, repair any necessary street damage, fill existing septic tank(s) with dirt and back fill and mound to allow settlement to previous ground level. Seeding or sodding the ground to match existing or blend in with the adjoining and surrounding work. ❑ Addition: ALL PLUMBING WORK SHALL BE IN COMPLIANCE WITH THE STATE PLUMBING CODE 12. CEILINGS (See General Specification) ❑ Repair Ceiling in ❑ Kitchen [] Dining room ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Basement 11 Basement ❑ Closet b _bathroom. 13. WALLS (See General Specification) Repair Wall in ❑ Kitchen ❑ Dining room ❑ Livingroom ® Bathroom [] Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Basement ❑ Closet of -8- WALLS continued ® Wall and Ceiling Repair General Specification: 1. Wherever existing walls or ceilings are to be repaired, the damaged and loose material shall be completely removed and new material shall be sized and installed to match and blend in with the adjoining and surrounding work. All repairs shall be properly prepared to receive the finish application. 2. Plastering - New plastering work shall be installed in compliance with the State Building Codes. 3• Wall Board - shall be installed in compliance with the State Building codes. 4. Perforated Tape Mix - shall comply with the recommendations of the manufacturer. A minimum temperature of 55 degrees Fahrenheit shall be maintained in the room where work is done until the cement is completely dry. 5. Perforated Tape Application - Follow manufacturer's directions. a. Over Joints the tape shall be embedded in cement and covered with a thin layer of cement. A second and third coat shall be applied. Each coat shall be dry before applying the next coat. Each coat shall be featheredged and extended beyond the previous coat (approximately 2 The finish coat shall 40 be sanded lightly and any imperfections filled in prior to any painting and decorating. b. Check to see that all nails have been driven so that their heads are below the surface of the board leaving a dimple in the surface without breaking the paper. Cover the nails dimple with three applications of cement allowing time to dry between each coat. The final coat shall be sanded lightly before application of paint or other decoration. c. Inside corners shall be reinforced with tape embedded in cement finished as specified "Over Joints ". d. Outside corners shall be protected by wood moulding, metal moulding or metal corner reinforcement. Metal corner reinforcement shall be finished with two coats of cement as specified. 6. Waterproof gypsum board shall be used in areas specified in the State Building Code. Install water resistant wall board base in the bath and shower enclosure, and apply wall board with long edge horizontally over the tub, allowing 1/4 space between the board and tub. 7. Adhesive is an acceptable bonding material. Adhesive shall be specified according to usage and location and applied in strict compliance with the manufacturer's specifications. -9- WALLS continued 8. Paneling installation shall be 3/16" prefinished paneling of a medium quality installed as per manufacturer's recommendations. Owner shall have choice of paneling color and style. 9. Furring strips - New ceiling shall be installed over 1" x 3" furring strips, 12" on center. When ceiling butts to wood or paneled walls, 3/4 to 1 112" cove moulding shall be installed along edge. New walls shall be installed over 1 x 2" furring strips, 16 " on center. Any existing baseboard, window or door trim shall be removed and reinstalled or replaced with new trim over new wall material, unless otherwise specified in the Scope of Improvements. New work shall be level and plumb with adjoining and surrounding work. Addition: 14. FINISH FLOORING Replace Floor Covering in Kitchen Diningroom Livingroom Upstairs X Bathroom Bedroom Bedroom Bedroom Bedroom Basement Closet of 1. Existing wood flooring shall be repaired to match existing or blend in with the adjoining and surrounding work. 2. Resilient flooring shall be sheet vinyl or vinyl asbestos tile minimum thickness 1/.16 Tile shall be medium quality and laid inexact accordance with the manufacturer's specifications. Owner to select color and pattern from readily available selection. 3. Carpet shall be a color and pattern from readily available selection of medium quality and priced carpet. 4. A finished wood, vinyl or metal moulding along edge of flooring shall be installed as part of the finish flooring installation. -10- FLOORING continued 5• Plywood used as subfloor shall be a minimum of 112" thick, nailed to joist spaced 16" on center along intermediate members, installed with outer plies at right angles to the joists and staggered so the end joists in adjacent panels bear on different joists. 6. Underlayment shall be 1/4 structural grade plywood, particle board or untempered hard board placed with smooth side up. ❑ Addition: 15. EXTERIOR DOORS ❑ Repair and Refinish: (❑ Front Door ❑ Rear Door ❑ Side Door ❑ Garage Door Sliding glass door [X_j Weather Seal: X❑ Front Door ® Rear Door ®a -air -- ❑ Rear Storm Door Replace: [I Front Door ❑ Rear Door ❑ Garage Door All exterior doors shall be solid core wood or insulated steel and complete with hardware, strike plat and lock set. Installed doors shall be prehung or sized to fit frame complete with stops, weatherstripping and jambs. After trimming and fitting of door, all edges shall be finished to match existing or blend in with the adjoining and surrounding work. A door bumper and threshold are included on all exterior doors. 16. EXTERIOR STORM DOOR ❑ Repair: ❑ Front Storm Door ❑ Side Storm Door E] Replace: X❑ Front Storm Door X❑ Side Storm Door Storm doors shall be solid core aluminum or wood with storm and screen inserts and complete with hardware and strike plate. Installed doors shall be sized to fit frame. All edges of wood storm shall be finished to match existing or blend in with the adjoining and surrounding work. -11- 17. INTERIOR DOORS ❑X Repair Door to: ❑ Basement ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ® Closet in Right rear bedroom. Repair door to left bedroom - hinge is loose. Replace Door To: ❑ Basement ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom © Closet in Rear bedroom. Interior doors shall be hollow core or panel and complete with hardware and strike plate. Installed doors shall be prehung or sized to fit frame complete with stops and jambs. After trimming and fitting of door, all edges shall be finished to match existing or blend in with the adjoining and surrounding work. A door bumper is included on all interior doors. Bathroom door shall be provided with "privacy" lock set. ❑ Addition: -12- 18. EXTERIOR STORM AND SCREEN WINDOWS 0 Repair ❑ Replace F71 Basement ❑ Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom ❑ Bedroom [] _Bedroom ❑ Bedroom ❑ Bedroom Storm windows shall be aluminum combinations of medium quality, unless otherwise specified in the Scope of Improvements. 19. HOUSE WINDOWS ❑ Repair and Refinish Windows in: Easement ❑ Kitchen Dini ❑ ❑ ngroom ® Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom Repair of windows or replacements of frames, sills, sash, trim and hardware shall match existing work in wood, design, dimensions and finish, unless otherwise specified in the Scope of Improvements. Where sash counter balances are to be removed, the area must be insulated properly. Friction guides are acceptable as substitutes. Cotton cord replacement is acceptable. A positive locking device shall be installed on all windows. All broken glass shall be replaced with new glass, matching existing in size and design and properly reglazed. All excess material shall be removed and all glass left clean. Weather Seal Windows in: ❑ Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Bedroom ❑ Basement Caulk and weatherstrip around all primary door and window frames, window panes or other locations that lead to an unheated space or which calls for a seal and watertight job. S I Material shall be of standard brands and application shall be in exact accordance with the manufacturer's specifications. 1) Repair air conditioning. 2) Resurface driveway slope to drain. Garage root. -13- (2) (1) (1) Replace Window in: ® Kitchen ❑ Diningroom ❑ Livingroom ❑ Bathroom (2) ❑ Bedroom ❑ Rear Bedroom ❑ (1) Bedroom ® Basement Egres Eedroom ❑ Basement Openings of new window units shall be framed to provide a rigid enclosure for the installation of windows. Frames shall be set plumb, level and square within clearance limits. New windows shall match the adjacent windows in design, glass, material and finish, unless otherwise specified in the Scope of Improvements. Installed windows shall be weatherstripped, left clean, tight and weatherproof. M A positive locking device shall be installed on all windows. ❑ Installed below grade bedroom window used as an excape exit shall have a opening size of not less than 5.7 sq. ft. with a minimum of 24 depth and 20 width. The interior sill height shall not be more than 48 from floor. Exterior of window shall be cleared for exit and when an areawell is installed it shall be of treated wood or galvanized metal. ❑ When a bedroom window unit is replaced, the new unit shall be sized to meet the requirements of the State Building Codes. ❑ Addition: 4.74 window size 20. INSULATION ❑ Insulate attic space to meet a minimum R -38 rating and have a vapor barrier, where accessible. Air chutes shall be installed where there is soffit venting. Provide protection around all recessed lights, junction boxes and chimney. Access opening shall be sized a minimum of 22" x 30 ", framed and insulated. ® Insulate exterior walls to a minimum of R -11. Drill holes and blow in insulation between wall studs approximately every 16 on center and below each fire stop. Holes shall be patched to match existing or blend with adjoining and surrounding work. ❑ Insulate exterior foundation with rigid insulation of R -11 to above grade and extend insulation 2' below grade and cover insulation with a non - combustible material. Foundation insulation shall be at the discretion of the Grant Administrator. -14- INSULATION continued ❑ Insulate accessible area rim joist to a minimum of R -19 with vapor barrier facing warm side. ❑ Addition: 21. VENTILATION ❑ Provide attic ventilation per Uniform Building Code as follows: Ventilation - where determined necessary by the building official due to atmospheric or climatic conditions, enclosed attics and enclosed rafter spaces formed where ceilings are applied direct to the underside of roof rafters shall have cross ventilation for each separate space by ventilating openings protected against the entrance of rain and snow. The net free ventilating area shall be not less than 1/150 of the area of the space ventilated, except that the area may be 1/300, provided at least 507o of the required ventilating area is provided by ventilators located in the upper portion of the space to be ventilated at least three feet above eave or cornice vents with the balance of the required ventilation provided by eave or cornice vents. The openings shall be covered with corrosion - resistant metal mesh with mesh openings of 1/4 in dimension. [] Provide kitchen ventilation - Exhaust Fan - kitchen without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include mounting fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. ❑ Repair kitchen ventilation. ® Provide bathroom ventilation - Exhaust Fan - Bathroom without means of natural or below minimum requirements of ventilation shall be equipped with a mechanical exhaust fan. Installation shall include mouting fan on ceiling, venting through the roof or exterior wall with cap, insulating vent in unheated space and wiring on a separate wall switch. © Repair bathroom ventilation. [] Addition: -15- 22. EXTERIOR SIDING ❑ Repair or replace all rotten boards and nail down all loose boards or shingles prior to receiving new siding. Side walls shall be furred out if necessary to make walls level, plumb and free from waves, buckles and sags. Installation shall be in strict compliance with the manufacturer's specifications. . ❑ Existing brickwork shall be repaired to match existing or blend in with the adjoining and surrounding work. ❑ Reside exterior with .024 gauge, nominal thickness, insulated type aluminum of medium quality or equal. Color selection by owner. Installation shall include window J channel, door channel, inside and outside corners, starter strip, finish mould and caulking. Backing shall be installed under siding and be of proper thickness. All nails and rivets shall be properly secured. Staples shall not be used for installation. ❑ Cover all window, door trim and sills with baked enamel aluminum, minimum .019 gauge. Color selection by owner. Lap - Siding shall be minimum 7/16" thick x 16 long, smooth, pre - primed masonite panels. Siding shall be installed with corrosion resistant nails and all ends shall be attached together with H- moulding and sealed with exterior caulking. Lap siding shall extend to 6" above finish grade. Novelty - Cover indicated sections of structure with new wood novelty siding, or other specified material. All joints shall be tight and adjacent end joints shall be staggered. Siding shall be installed over vapor barrier, blend and conform with existing structure. All horizontally applied siding shall be staggered with minimum of two stud spaces. ❑ Cover soffit and fascia with .019 gauge baked enamel aluminum using solid or perforated soffit material. Color selection by owner. Soffit panels shall be secured in channels to eliminate looseness and rattling. Materials shall be lapped for PP ro er drainage and applied in full sections. Caulk joints. Staples shall not P P g be used for installation. ❑ Addition: -16- 23. PAINTING F� Repaint exterior siding, cornice, window and door trim including doors and windows as follows: Wood surfaces to be painted shall be cleaned by best means possible to remove loose and scaley paint and rough spots any any obvious oil and /or grease that may be covering existing wood or paint. Where previous coats have chipped and peeled, the edge shall be feathered to the maximum extent feasible and spot primed with a high quality oil base paint before finish coats are applied. No paint shall be applied until all nail holes have been filled and sanded and all defects in wood work have been eliminated. Paint shall be medium grade and applied according to the manufacturer's specifications and applied to secure full coverage. Use primer where required. Owner to select color from readily available selection. Spray application is not acceptable, unless authorized by the Grant Administrator. 24. GUTTERS AND DOWN SPOUTS Provide gutters and down spouts as follows: a) New gutters shall be minimum 5" wide .032 gauge aluminum with hangers placed under roofing. b) New downspouts shall be minimum 2 x 3 rectangular .020 gauge aluminum. c) Finish of gutters and downspouts shall be a baked on enamel finish. Owner to select color from readily available selection. d) Gutters shall be installed with slight pitch to the downspout. Gutters shall be securely mounted to the roof, 36 or less on center. Downspouts to be installed at one end of gutters and extend 2' at the bottom with extension. Extension or splash block shall be installed when the gutter and downspout system does not directly connect into a drainage system. ❑ Addition: -17- 25. ROOFING ❑ Provide new roof per City of Brooklyn Center Handout and as follows: New roofing shall be in compliance with the State Building Codes and Manufacturer's installation instructions. Flashing, plumbing jacks and roof vents shall be checked and replaced with new when damaged, rusted or missing. Drip edge shall be installed along eave edge. All damaged or rotted sheathing boards shall be replaced with new. End joints shall be made over a rafter and all sagging portions of roof shall be corrected. Materials - New roofing shall carry the Class C label of wind resistance from the Underwriter's Laboratories and be applied according to the manufacturer's specifications. The type and weight of the materials used for the roofing shall be in compliance with the State Building Codes. Application - Surfaces to which roofing is to be applied shall be even, sound, thoroughly clean, dry and free from all defects that might affect the quality of application. a) Asphalt Shingles - No more than one overlay of asphalt shingles shall be applied over an existing asphalt shingle roof. Shingles shall be fastened with not less than four nails or staples per shingle. Installed shingles shall be 235# - 240# 3 -tab self sealing. Roll roofing shall be installed when the slope is 4 or less. Owner to select color of shingles from readily available selection. b) Built -up - Existing roofing material shall be removed down to bare wood. New roofing shall be 4 -ply built -up tar and slag or gravel roof, including all new flashing of either metal or asphalt mineral roll material. Roof shall be installed in such a way that there is no ponding water. c) Wood Shingles and Shakes - Repair of existing roof shall match existing or blend in with the adjoining and surrounding work and include a contractor warranty for the repair work. d) Fiberglas - is an acceptable roofing material. Tear off existing roof and remove from site. (Garage) ❑ Addition: -18- 26. CHIMNEY ❑ Repair or replace missing brick. ❑ Tuck pointing shall be done only after the joints have been raked out to a minimum depth of 1/2" and wetted. ❑ Provide masonry chimney cap. ❑ Addition: 27. KITCHEN AND BATHROOM CABINETS ❑ Repair damaged kitchen cabinets. ❑ Repair damaged bathroom lavatory cabinet. ❑ Replace or add kitchen cabinets: New cabinets shall be described in complete detail, including design, dimension, installation and location of top or base units, detail of drawers, doors and shelves, type of material and finish in the Scope of Improvements. The contractor shall submit a drawing of the proposed cabinets. ❑ Replace bathroom lavatory cabinet: Vanity - lavatory base cabinet shall be medium quality. Top shall be approximately 22" wide with 3 " back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. ❑ Replace kitchen cabinet top: Kitchen Counter Top - shall be self edge or self forming formica with 4 backsplash. Separate backsplash material shall match formica counter top material. ❑ Replace bathroom lavatory vanity: Vanity - lavatory base cabinet shall be medium quality. Top shall be approximately 22" wide with 3 " back splash and covered with formica preformed or self edge top. Imitation moulded marble tops can be used as a substitute. Provide bathroom medicine cabinet: Cabinet - shall be standard size, recessed, or surface mounted, with a minimum of three shelves and mirror. When light fixture is included, fixture shall be wired on separate wall switch. -19- 28. SMOKE DETECTORS ❑ Install UL listed battery- operated smoke detector per manufacturer's instructions without escape light complete with working batteries. 29. GRADING ❑ Provide grade fill as follows: ® Grade - Fill material shall be free of debris or other detrimental material. All fill shall be compacted to a density that will avoid damaging settlement to lot improvement. Top soil shall be a minimum of 4 compacted depth and free from stones, debris and other materials detrimental to plants. Slope away from building, 4 11 -6" over a distance of 3-4 out from wall. Foundation walls shall extend at least 6 above the finished grade adjacent to the wall at all points. ® Seeding and Sodding as required. 30. EXTERIOR CONCRETE WORK ❑ Replace crumbled or broken sidewalks. ❑ Replace crumbled or broken garage entrance apron. 31. MISCELLANEOUS 1) Repair air conditioner. 2) Resurface driveway sloped to drain. MEMORANDUM TO: Tom Bublitz FROM: Matthew Moore DATE: April 21, 1994 SUBJECT: Rehabilitation deferred loan for 3512 72nd Avenue North Owner: Ms. Ann Wrzos H118 8044 The subject property is a single story three bedroom rambler with a detached garage built in 1958. Not much updating has occurred since that time, except that a second layer of shingles was put on the roof a few years ago. The following is a list of repairs that will help bring this dwelling to code. ELECTRICAL: 1. Provide grounded receptacle for water softener. 2. Add wall receptacle in upstairs bathroom with ground fault. 3. Replace two wall outlets in basement sleeping room. 4. Repair or replace overhead light switch in dining room. 5. Install two U.L. listed hard wired smoke detectors outside of sleeping rooms per manufacturer's instructions. 6. Cover open junction box above fuse panel. MECHANICAL: 1. Replace furnace, adding combustion air, an approved gas valve, and a draft stop on the class B chimney. See specifications on other furnace requirements. 2. Check and repair if necessary the heat distribution line to the right rear bedroom. 3. Provide setback thermostat. 4. Install an approved gas valve on existing water heater. Wrzos Memorandum April 12, 1994 Page 2 MECHANICAL continued 5. Correctly pipe dryer gas line and replace gas valve with appropriate listed ball type. Remove unused gas valve and cap where necessary. 6. Install an approved gas shut off valve for gas line at stove. 7. Repair central air unit to specification. PLUMBING 1. Install drop tube for temperature pressure relief valve on existing water heater. 2. Replace inoperable water softener. 3. Replace basement tub faucet. 4. Repair or replace backflow equipment in basement water closet. 5. Replace upstairs tub faucet. 6. Install backflow prevention devices for outside faucets. MISCELLANEOUS 1. Repair wall and tile in bathroom. 2. Repair ceiling in downstairs bathroom. 3. Replace floor covering in upstairs bathroom. 4. Insulate exterior walls to R -11 per specification. 5. Install basement egress window in sleeping room per specification. 6. Replace 6 operable windows - 2 in each of the following rooms: kitchen, living room, and in right rear bedroom. 7. Repair and refinish 5 stationary windows in the living room. Wrzos Memorandum April 12, 1994 Page 3 MISCELLANEOUS continued 8. Repair or replace downstairs bathroom fan. 9. Repair or replace kitchen stove fan. 10. Replace handrail to basement stairs. 11. Tear off existing garage roof and provide new one per specification. 12. Replace 6 basement storm windows. 13. Replace front and side storm doors. 14. Weather seal front and side exterior door. 15. Repair weather stripping for sliding glass door. 16. Replace closet door in right P g rear bedroom. 17. Repair door hinge to left rear bedroom. 18. Provide grade fill and seed next to house. 19. Resurface driveway and slope to drain per specification. .Ska Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING TWO (2) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY GRANTS (FILE NOS. H -118 AND H -119) [8044 AND 80451) WHEREAS, the Brooklyn Center Economic Development Authority established a Home Rehabilitation Grant Program to assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Economic Development Authority has received two (2) applications (file nos. H -118 and H -119 [8044 and 8045]) from eligible individuals to receive grant assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Economic Development Authority Grant Program; and WHEREAS, the estimated cost of the proposed grant applications is estimated at $30,000. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The Brooklyn Center Economic Development Authority does approve the two (2) housing rehabilitation grant applications (file nos. H -118 and H- 119 [8044 and 8045]) as recommended by the staff. 2. That the work be performed as recommended in the request for council consideration form dated June 13, 1994, and that the applicants be directed to obtain the necesary bids for staff review and approval. 3. The project shall not exceed the grant limit of $15,000 per house. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BID ESTIMATES FOR 5339 EMERSON AVENUE NORTH PROJECT H -117 (8043) Note: At the March 14, 1994 EDA meeting, the EDA authorized the obtaining of bid estimates for the EDA deferred loan project H- 117(8043). Two bid estimates were received on the project and they are summarized in the bid comparison on the following page, along with copies of the bids submitted. BID CCMPARI SCN FOR MARY LCDAHL ADDRESS: 5339 EVERSON AVENUE NORTH BROOKLYN CENIM , NN 55430 H -1.16 ( 8043 ) ITEM NUMBER DAVID RICHARD BRANDVOLD RCCGERS 2. INTERIOR & $525.00 $800.00 $ EXTERIOR STAIRS 3. FOUNATICN $100.00 $600.00 8. ELECTRICAL $1,175.00 $850.00 10. MFHANICAL $325.00 $400.00 11. PLLMBING $2,950.00 $2,300.00 12. CEILINGS $520.00 $800.00 REPAIR 14. FINISH $1,020.00 $5,000.00 FLOORS 15. EXTERIOR $1,450.00 $1,500.00 DOORS 16. ExTEROIR $495.00 $600.00 STORM DOORS 19. will 7vvVS $4,850.00 $6,500.00 REPLACENEW 20. INSULATION $1,392.00 $2,800.00 21.VENTILATION $550.00 $600.00 22. EXTERIOR $1,585.00 $2,800.00 SIDING 23. EXTERIOR $2,185.00 $2,500.00 PAINT 28. SMOKE IN NO. 8 $250.00 DETECTORS 31. $625.00 $700.00 M CELLANEOLJS REPLAC NENT OF OVER HEAD GARAGE DOOR 4. CRAWL SPACE $250.00 $NO BID TOTAL: $19,997.00 1$29,00MO TABLE OF CONTENTS IT PA l ❑ HANDRAIL - GUARDRAIL- Where require , Height of, Baluster Spacing and Installation, Specification for 2 Q INTERIOR - EXTERIOR STAIRS $ Repair or Replacement of, Rise and Run and Installation, Specification for 3 ® FOUNDATION: $ coo. 0.0 Repair of — Tuck Pointing ` Insulation Installation and Specification for if 4 ❑Y CRAWL SPACE: $ Insulation of and Vapor Barrier, Installation for 5 ❑ BASEMENT FLOOR $ Repair of 6 ❑ POST AND BEAM: $ Repair of, Replace ❑ ACCESSIBILITY IMPROVEMENT: $ For Barrier Free and Handicapped Persons 8 Q ELECTRICAL: $ Upgrade Service, Unprotected Conductor Washer Dr, Conductor, � er Y Hanging Receptacle, Furnace and Kitchen Circuits Wall Recep tacle, Ground' Fault Faul t 9 ❑ ELECTRICAL MAST: $ t Relocation of 10 ❑X MECHANICAL: $ Enc osed Space Ventilation, Replace Furnace Thermostat, Chimney, Registers, Ductwork 11 Q PLUMBING: $ Q3 Bp, do X Water Heater Replacement, Cold Water Shut -off, Gas Valve T.P.R. Valve,.Vent Connector, Dryer Gas Valve, Dryer f - Ventilation, Open Gas Device,Well Abandonment, Plugged Sewer, Water Softener, Kitchen Sink Vent, Trap, Water Supply, Lavatory•Vent, Trap, Water Supply, Water Closet and Sealing Gasket, Bathtub Vent, Trap, Wall Enclosure, Laundry Tub Vent, Trap, Floor Drain Plumbing Fixture Material and Performance Specifications for, Drain Tile, Main Water Line Septic System, City Sewer - TABLE OF 1 0 PA 12 ® CEILINGS $ Da. oo k Repair of 13 ❑ WALLS: $ Repair of 13 Ceiling and Wall Performance and Material Specifications for 9- 14 © FINISH FLOORS $ �004� 0° i0 Rep acement of, Performance and Material Specifications for 15 X❑ EXTERIOR DOORS: $ 1�6'p0, 00 Repair - Refinish of, Weather Sealing, and Re laceme�n 7 0 oQa Performance Specification for cvx�' w ' - 74L"_ , oo.�c 16 XQ EXTERIOR STORM DOORS: x $ d oo, d a' Repair - Rep acement of, Material Specification for 17 ❑ INTERIOR DOORS: $ Repair - -Replacement of, Performance and Material Specifications for ❑ EXTERIOR STORM AND SCREEN WINDOWS: $ Repair - Replacement of, Material Specification for 19 `� ® HOUSE WIN $ 6 ' 00, 00 13 -' Rep — air - Refinish of, Weather Sealing of, Replacement of, Material and Performance erformance Specification for 1' 20 ® INSULATION: $ ! 900- 00 14- Attic77 Foundation, Rim Joist Installation, Material and Performance Specification for, Code Requirement 2l x ® VENTILATION: $ � O0 ° o l Provision of Attic, Kitchen, Bathroom Repair air of ' and Performance Specification for P Material k 22 Q EXTERIO SIDING: $ 04 l Instaration, Repair or Replacement of, Soffit and Facia, Window, Door and Trim, Material and Performance Specification for 23 - x ® EXTERIOR PAINTING: $ v Oa f 0 1 Ma'ter's an Performance Specification for 24 ❑ GUTTERS AND DOWNSPOUTS: $ l 0 Provision for an eplacement of, Material and Performance Specification for ❑ ROOFING: $ l Reps r Replacement - Removal of, Material and Performance Specification for TABLE OF CONTENTS ORT PAGE 26 Q CHIMNEY Repair - Reline - Replacement of $ 5 -19 27 [] KITCHEN & BATHROOM CABINETS $ 19 28 ® SMOKE DETECTORS Insta.liation of $ 1306 20 29 Q GRADING Material and Placement Specification for, Seeding and $ 20 Sodding of 30 Q EXTERIOR CONCRETE WORK: Replacement - Repair of, Sidewalks, Garage Apron, Etc. $ 20 31 Q MISCELLANEOUS: $ 20 TOTAL $ �`��� �•� O Contractor Name: DCrtY1_S H M M� /a �eindde. nom. Address: -5223 J City �n�kt„C.',/, State 0 Phone: Home Work Homeowner Name: M A rz-�' Address 5 33 1 ? Phone: H# jentractor Signature Oate f O a- -3- ' r - TABLE OF CONTENTS IT PA 1 ❑ HANDRAIL - GUARDRAIL: Where require , Height of, Baluster Spacing and Installation, Specification for 2 0 INTERIOR - EXTERIOR STAIRS :� Repair or Replacement of, Rise and Run and Installation, = Specification for 3 ® FOUNDATION Repair of —Tuck Pointing Insulation Installation.and Specification for 1 4 © CRAWL SPACE: Insu a ti on of and Vapor Barrier, Installation for 5 ❑ BASEMENT FLOOR Repair of 6 POST AND ❑ BEAM: Repair of, Replace $ ❑ ACCESSIBILITY IMPROVEMENT For Barrier Free and Handicapped Persons $ 8 X❑ ELECTRICAL Upgrade Service, Unprotected n Hanging Receptacle, and Kitchen -, Wall Receptacle, Ground'Fault 9 ❑ ELECTRICAL MAST: Relocation of 10 M MECHAN — f Enc osed Space Ventilation, Replace Furnace Thermostat, Chimney, Registers, Ductwork 11 Q PLUMBING: r9Jf —�� E Water Heater Replacement, Cold Water Shut -off, Gas Valve T.P.R. Valve,-Vent Connector, Dryer Gas Valve, Dryer E - Ventilation, Open Gas Device,Well Abandonment, Plugged Sewer, Water Softener, Kitchen Sink Vent, Trap, Water Supply, Lavatory•Vent, Trap, Water Supply, Water Closet and Sealing Gasket, Bathtub Vent, Trap, Wall Enclosure, . Laundry Tub Vent, Trap, Floor Drain Plumbing Fixture Material and Performance Specifications for, Drain Tile, Main Water Line Septic System, City Sewer - E 1 TABLE OF "ART PA 12 ® CEILINGS Repair of 13 ❑ WALLS: $ . Repair of 13 Ceiling and Wall Performance and Material Specifications for 9 14 © FINISH FLOORS 10 -' Replacement of, Performance and Material pec Ica ions for 15 ❑ EXTERIOR DOORS: Repair - Refinish of, Weather Sealing, and Replacement of, Performance Specification for 16 X❑ EXTERIOR STORM DOORS: $�J P z:> Repair - Replacement of, Material Specification for 17 ❑ INTERIOR DOORS $ Repair - Replacement of, Performance and Material Specifications for ❑ EXTERIOR STORM AND SCREEN WINDOWS $ Repair - Replacement of, Material Specification for 19 ® HO USE WINDOWS: $ i6Z� 13 epa�i - r — Refinish of, Weather Sealing of, Replacement of,. Material and Performance_Specificati�o for 20 ® INSULATION: 14 - Atti c,7lall, Foundation, Rim Joist Installation, Material and Performance Specification for, Code Requirement 21 ® VENTILATION: $ Provision of Attic, Kitchen, Bathroom, Repair of; Material and Performance Specification for 22 ® EXTERIOR SIDI w $ Installation, Repair or Replacement of, Soffit and Facia, Window, Door and Trim, Material and Performance Specification for r 23 ® EXTERIOR PAINTING: $ gJ 07Z2 Materia an Performance Specification for C� GUTTERS AND DOWNSPOUTS: $ Provision for an eplacement of, Material and Performance Specification fore ❑ ROOFING: $ R epair - Replacement - Removal of, Material and Performance Specification for _ r TABLE OF CONTENTS ART 26 [] CHIMNEY PAGE Repair - Reline - Replacement of $ 5 -19 27 KITCHEN & BATHROOM CABINETS $ 19 28 ® SMOKE DETECTORS Installation of 20 29 [] GRADING Material and Placement Specification for, Seeding and $ 20 Sodding of 30 EXTERIOR CONCRETE WORK: Replacement - -Repair of, Sidewalks, Garage Apron, Etc. $ 20 31 MISCELLANEOUS: 20 TOTAL $ Lq Q—D Contractor Nave: Address: j � Cit G y State _ Phone: f t ' 7 � r j Home — Work Homeowner Name: Address: ` Phone: _ ��- c�'� 71 H# - lantractor Signature Dat - -3- Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY GRANT (FILE NO. H -117 r8O43]) WHEREAS, the Brooklyn Center Economic Development Authority established a Home Rehabilitation Grant Program to assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Economic Development Authority has received one (1) application (file no. H -117 [8043]) from eligible individuals to receive grant assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Economic Development Authority Grant Program; and WHEREAS, the estimated cost of the proposed grant application is estimated at $15,000. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The Brooklyn Center Economic Development Authority does approve the one (1) housing rehabilitation grant application (file no. H -117 [8043]) as recommended by the staff and contingent on being able to adequately rehabilitate the property to Section 8 standards with a maximum grant award of $15,000. 2. That the work be performed as recommended in the request for council consideration form dated March 14, 1994, and that the applicant be directed to obtain the necessary bids for staff review and approval. 3. The project shall not exceed $15,000. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: EDA RESOLUTION NO. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 6/13/94 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE SALE OF LAND AT 6601 BRYANT AVENUE NORTH BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Department Approval: &zlm Tom ublitz, Co unity Development Specialist Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached The EDA authorized the advertisement for sale of the single- family lot located at 6601 Bryant Avenue North. One offer was received on the lot for $24,000, which is the fair market value of the lot as • established by the City Assessor. The offer on the 6601 property was submitted by Mr. Calvin D. Wright of 6436 Girard Avenue North in Brooklyn Center. A copy of his written offer is included with this memorandum, along with copies of the elevations of the home proposed. As required by state law, the resolution before the Council would authorize a public hearing on the proposed sale to Mr. Wright. The public hearing would be scheduled for the July 11, 1994 EDA meeting. At the July 11 meeting, the EDA would, after holding a public hearing, approve the terms of the sale of the 6601 ro . If we follow the procedure on past sales staff would draft a purchase Perty P , agreement P P g and contract for deed which would provide for payment of the $24,000, less any earnest money, when Mr. Wright closes on the new home to be built on the 6601 Bryant lot. Because this property was purchased with Community Development Block Grant (CDBG) funds, the $24,000 fair market value sale price must be returned in total to the CDBG program, where it will be "recycled" into the CDBG scattered site acquisition program. Recommendation: Staff recommends approval of Resolution Providing for a Public Hearing Regarding the Sale of Land at 6601 Bryant Avenue North by the Economic Development Authority in and for the City of Brooklyn Center. i "rr.,,rrr �'y'YS�' -- , .f��''INA. rJll. k •. �I�w�.a�rye S U,- a'.�� ~.r�r• s. i�p'�r Ca 'Y t w ,. 1 1• t r r +,ar,..l, „� Tr „a.f rti+ay � t , 4 '71+r.•,Y� F � " � v�.�.'�'wut� • r,.>t« �w�M.Nt �Str.• . rwTr{+� } +. t ,: ♦ H ; Kray Lfc <N�a��,y af����yiu+.r�q 4'hV <M J r. i +/ W+ : r Cl'•f+Ss. err ti -+ vie, r J' r•� u,,: �� , �� +��'w is h + '" �L :.•a r ' y,, Y.r ' ` J`y.A4.ra..«i`'} tMO�1` ° � " 9 ., Y. *..l f l• ,a Z' r � `M'WR'7W ♦ �7i�o f��4 .r. r, r ;.a r r t� . t t x'•L:.7.r 1+.. �+4�'" -�.` .t�ssv+•. +kw.....y. w+ i" 1 .t.S 's ' r .� ...t. ti i �' � +' �`�,"M.M »`Ah:!!i�!STiUI` v�r�'Srt'f�•y� r� •...r �raf , ,�r !' r Sl.wa..µ+yt'S;:F.r, �i ,�'k'"��+..r��..°'�S'°"s"'�4"r f'". •. i j(,��t_' +2 +` w, +�CRt :w 'a • . n°+. —.. �+.+.r:+w....w,. - .. l �' •� �jy.. ••n°w..�w.w.,°..rr,y„°r,r..r �.r...+, w,k L' i !.'.. y�y� _ f N t L w r- .w- :+� +7•.C.�Ii.11s:C /fir t� 7' r .i s r �'� 7Giw�iiCiilf• �P Y�l�w� �� #LS.�!•+`wri• �.w t 9 � '7•i�t���1MM ? <� ,i'r''„ ? rt ° w�a, a t1 � 1lr..: e1�Y fi . w .'wi . • . a 7. T '}r ..... ..r,w�rrr� • 4 'r � 't'�^.+5��.�Y {,�' M��s.� » . • � � `� a�t�vtir'�y aYtk��Jr a aK iJn� � ' C ' 'f�"rw'M wrrr: ►�k / � +: tt..� •. r . «..'� �� y l tr:. <i� ;i; t� tt.�'� � 3 , ry , r.. � ' ; aVrw � ,a � � r t•T r � � +s.c �� e � lYK�i .t r+rr+ar� ( pt - "' '. � r S � i .wr u ; .°. yf � � Lr"t I • �� / L b 1 ( t" 5 r " r » e * � wMw S �SIN�ftf L ; For , 'i ��'ra «.I%'.it lat v •+F. ;��-. '.+'. ,. ,+. `y 3. ?ti.y(' e:t� :f e: .' ...r -�f :+` � t I ,r ivrov .x�h°••'d. Y. ,'.'r +i , � • 4� r � MW r 7t H ti r + <%r• �, aft , .t ,:, W r. { yr I • � �� kr� S a r rr ` r s ,.r�" sZ:" f +►+'} �.C +�P MIA .,iR7 ff �r' ' '°'Y�►S . ./.!� �+ . r; • o ��w ` � z _s....,.. ri �� r.� : �R; , o�'f �'�:` . ,� �, i 1 sb Ita' t s. ��� � y ♦ � � r y� � �t T rL /���y '• �} L rb. � •f � � 4 '•aT ,:' �� �.:J1 �r:i��4.`. Al { t •��.�R .�t�t'.`r,�• ��� •'�r w� '.��1M ~I�•M. 4 '', • � �.."'.!` :3 ^v �,,,�,�n,�+� " i'r}'w 1 . �M•. 2 aJ`7 W t!t/,77'. .�,t . r` 1+ , r • r ` ` �` ' r - W!' • t ...._ -mow... w�._.».... - -. f r:F 1 y'w r .dam o7 � >�i , ►Z I i f 1. . .f1.y. �_"y : �` r '�'::' Cam .�..•. . ?l � .. i . Mill %r � tt• .. . � t , ' '; . ; f,.• i�! �' ''') '.�.�� x'��w y i � Sn lo/\ J ooyl y�f{4 '� �;�. ` �i». ���.� :.•ir � + - ���C7z��.`:.... w• ~ SwY ������w' 1�r_�..•r �'!'T'. J. � .r ..... _.� �.r �y+.� T �� I I 7Lr---- M-- 1 ui-- C3 .iY7 - -d `,'I S14 - 4 0A 00 .. - - -..�.. :� .____.... -. -.. n kr.aS�an a.,.t .. . ...0 -��,.• ....x . ......:...... .. q. .a . %nu:� _ _-.. .. .., .....�,.r. ......_._.._.--.....-............ wwM ....,...w,s.�......._�_._.....— . —_. _s =._... -:� .. .,.. ... .. .. . r a I ij 7 r II I f Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE SALE OF LAND AT 6601 BRYANT AVENUE NORTH BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER WHEREAS, pursuant to EDA Resolution No. 94 -15, the Brooklyn Center Economic Development Authority authorized the EDA Executive Director to seek offers to purchase the property located at 6601 Bryant Avenue North; and WHEREAS, Minnesota Statutes Section 469.029 Subdivision 2 requires a public > � P hearing for the sale of land by the Brooklyn Center Economic Development Authority; and WHEREAS, the Brooklyn Center Economic Development Authority has received one proposal for the purchase of the EDA -owned property at 6601 Bryant Avenue North described by the following legal description: That part of Lot 43 lying easterly of a line running from a point in the north line thereof, distance 163.3 feet west from the northeast corner thereof, to a point in the south line thereof, distance 163.28 west from the southeast corner thereof except street, Lot 43, Auditor's Subdivision 310 to Hennepin County. PID #36- 119 -21 -24 -0009 NOW, THEREFORE, BE IT RESOLVED that the Brooklyn Center Economic Development Authority in and for the City of Brooklyn Center hereby authorizes a public hearing to be held on July 11, 1994, at 7:00 p.m. in the Brooklyn Center City Hall Council Chambers to consider the proposal for the sale of land described in this resolution. BE IT FURTHER RESOLVED the Executive Director is hereby authorized and directed to publish the attached notice of public hearing in the City's legal newspaper on June 22, 1994. Date Todd Paulson, President EDA Resolution No. The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. NOTICE OF PUBLIC HEARING REGARDING THE SALE OF LAND LOCATED AT 6601 BRYANT AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, BY THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER Notice is hereby given that the Economic Development Authority in and for the City of Brooklyn Center will hold a public hearing on July 11, 1994, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, pursuant to Minnesota Statutes Section 469.029, Subd. 2, regarding the proposed sale of the following described property: That part of Lot 43 lying easterly of a line running from a point in the north line thereof, distance 163.3 feet west from the northeast corner thereof, to a point in the south line thereof, distance 163.28 west from the southeast corner thereof except street, Lot 43, Auditor's Subdivision 310 to Hennepin County. PID #36- 119 -21 -24 -0009 to Calvin D. Wright and the provisions of such sale. All persons desiring to be heard should appear at the time and place referenced above. (Published in the Brooklyn Center Sun -Post on June 22, 1994) Council Meeting Date 6/13/% / /13/ 31 City of Br o Center Agenda Item Number 6 16 Request For Council Consideration ® Item Description: RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 5900 EMERSON AVENUE NORTH IN BROOKLYN CENTER AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS Department Approval: Tom ffu6litz, Community Deve ent Specialist Manager's Review/Recommendation:���/� _ No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached X ) At the May 9, 1994 EDA Board meeting, the EDA approved a resolution authorizing the acquisition of 5900 Emerson Avenue North for $32,100. • The resolution before the EDA Board this evening ould approve the terms of the purchase agreement g PP P g for acquisition of the 5900 Emerson Avenue North property. A copy of the purchase agreement is included with this request form. The purchase agreement essentially provides for acquisition of the property at the appraised value of $40,000, less the estimated cost of demolition at $5,900, and less the estimated cost of asbestos abatement at $2,000, for a total offer of $32,100. I have sent a draft copy of the purchase agreement to the realtor representing the owners and he has indicated the owners have found it acceptable to them. If the EDA Board approves the terms of the purchase agreement, staff would set up a closing on the property as soon as possible. Recommendation: Staff recommends approval of Resolution Authorizing Execution of Purchase Agreement for the Acquisition of 5900 Emerson Avenue North in Brooklyn Center and Authorizing Payment for Acquisition Costs. • PURCHASE AGREEMENT 5900 Emerson Avenue North, Brooklyn Center, Minnesota This Purchase Agreement made this day of , 1994, by and between Bonnie Lee Huffman, Lorrie Ann Huffman and Sandra L. Huffman, Owners and Sellers (collectively the "Seller "), and the Economic Development Authority in and for the City of Brooklyn Center, with offices at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, Buyer. WITNESSETH: WHEREAS, Seller is the owner of that certain real estate described in paragraph 1 below (the "Subject Property "); and WHEREAS, Buyer desires to acquire the Subject Property to own in fee simple for redevelopment purposes; and WHEREAS, Seller agrees to sell the Subject Property to Buyer; NOW, THEREFORE, the parties hereto hereby agree as follows: 1. Earnest Money That in consideration of the mutual agreements herein contained and the sum of One Dollar and No Cents ($1.00) ( "Earnest Money ") paid by the Buyer to the Seller, the receipt of which is hereby acknowledged, the Seller hereby grants unto the buyer the exclusive right to purchase the following tract or parcel of land (Subject Property) situated in the County of Hennepin, State of Minnesota, to -wit: Lot 9, Block 1, "Andrew Rock's Addition" PID 01- 118 -21 -22 -0009 2. Purchase Price The purchase price for the Subject Property shall be Thirty Two Thousand One Hundred and No/100 Dollars ($32,100.00), which is the estimated fair market value of the property and shall be payable by check on the Closing Date. The Earnest Money shall be applied as a partial pre - payment thereof. The Buyer, in its discretion and in partial payment of the purchase price, may assume or take title subject to any existing indebtedness encumbering the Subject Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. 3. Marketability of Title The Seller shall, within ten (10) days of the date of this Purchase Agreement, deliver to the Buyer all unrecorded instruments relating to interests in the Subject Property, and abstract of title or a registered property abstract continued to the date of delivery and including proper searches for judgments, bankruptcies, state and federal tax liens, real estate taxes and special 1 assessments, showing marketable title to the Subject Property in the Seller. After delivery of said abstract or registered property abstract, the Buyer shall have twenty (20) days for the examination thereof, and to deliver written objections, if any, to the Seller. Seller shall permit no additional encumbrances to be made upon the Subject Property between the date of this Purchase Agreement and the Closing Date. In the event that title to the Subject Property is found by the Buyer to be unmarketable, and cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Agreement shall be null and void, and the Earnest Money shall be refunded forthwith to the Buyer. 4. Closin Date The clos of the sale of Subject Property q g 7 P Y shall take place sixty (60) days after the date of this Purchase Agreement, or at such earlier or later date as may be mutually agreed upon by the Seller and Buyer. 5. Deed Delivered at Closing Seller agrees to give good and marketable title to Subject Property in fee - simple, together with all improvements, hereditaments and appurtenances thereunto belonging and all of the right, title and interest of the Seller in and to any streets or alleys adjoining or abutting thereon, and to convey the same by warranty deed joined in by all individuals known collectively as Seller herein (and by spouse, if any), and in form acceptable to counsel for Buyer. 6. Seller's Representations and Adjustments The Seller agrees to free the Subject Property from all taxes, assessments, leases, liens, and encumbrances and charges of any kind to the date of closing, except that it is agreed that all real estate taxes due and payable in the year of the Closing Date and all rents, utilities, insurance premiums on transferable policies and other income and expenses relating to the Subject Property, shall be pro -rated to Seller and Buyer as of the Closing Date. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. This warranty shall survive the delivery of the deed at closing. 7. Costs to Clear Title and Closing Costs If the Seller fails to clear title to the extent herein required, or to submit evidence of his ability to do so, and such failure continues for ninety (90) days after the notice of defects, the Buyer may clear title to the extent required and charge the cost of clearing to the Seller. All expenses of examination of title, recording the Seller's warranty deed, transfer taxes, documentary stamps, evidence of title, boundary survey and legal description of the Subject Property, and similar expense incidental to conveying the Subject Property to the Buyer shall be paid by the Buyer. 2 8. Exceptions to Marketable Title Seller shall convey marketable title to the Subject Property to the Buyer subject only to the following exceptions: a. Building and zoning laws, ordinances, State and Federal regulations. b. Reservation of any minerals or mineral rights to the State of Minnesota. C. Utility and drainage easements. 9. Possession and Insurance Seller shall continue in possession of the Subject Property until the date of closing, and shall maintain it in its present condition, subject to the terms of the amendment to this purchase agreement. On the date hereof possession shall be transferred to the Buyer. Risk or loss from casualty or any liability incurred by or as a result of the use or contact with the Subject Property shall be the Seller's until delivery of possession to the Buyer as herein provided. 10. Personal Property On Closing Date, the Seller shall have removed from the Subject Property any and all personal property belonging to the Seller. The Seller shall hold the Buyer harmless for the disposal of personal property left in or at the Subject Property by the Seller after the date of closing. 11. Entire Agreement; Amendments This Purchase Agreement constitutes the entire agreement between the parties and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by both parties hereto or their respective successors or assigns. 12. Binding Effect; Assignment This Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign his rights and interest hereunder without notice to Seller except to the State of Minnesota, and Seller shall give notice to Buyer of assignment of its interests in the manner prescribed in paragraph 14 hereof. 13. Notice Any notice, demand, request or other communication which may or shall be given or served to or on Seller by Buyer or to or on Buyer by Seller shall be deemed to have been given or served on the date the same is deposited in the United States mail, registered or certified, postage prepaid and addressed as follows: 3 a. If to Seller: c/o Jim Martini Burnet Realty Maple Grove Office 1608 - 80th Circle North Maple Grove, MN 55369 -8961 b. If to Buyer: Economic Development Authority in and for the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 With Copy To: Corrine Heine Holmes and Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55420 14. Default by Buyer If title is marketable or is made marketable as provided herein and Buyer defaults in any of the agreements herein, Seller may cancel this agreement as provided by statute. 15. Default by Seller If title is marketable or is made marketable and Seller defaults in any of the agreements herein, Buyer may seek damages from Seller, including costs and reasonable attorney's fees or seek specific performance within six (6) months after such right of action arises. 16. Agency Disclosure Mr. James B. Martini, a licensed real estate agent with the State of Minnesota, stipulates he is representing the Seller in this transaction. 17. Well Disclosure Statement Exhibit A attached hereto is a completed form of a Minnesota Well Disclosure Statement and is incorporated as if fully set forth herein. 4 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year first printed above. Seller Seller STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this the day of , 1994, before me, a Notary Public, personally appeared and , known to me to be the persons whose names are subscribed to the within instrument and who executed the same for the purpose therein contained as their free and voluntary acts. Notary Public Buyer, Todd Paulson Its President Buyer, Gerald G. Splinter Its Executive Director STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) On this the day of , 1994, before me, a Notary Public, personally appeared and known to me to be the persons whose names are subscribed to the within instrument and who executed the same: for the purpose therein contained as their free and voluntary act. Notary Public 5 AMF ORfl No. 1x19- W Well Olock l;6UturAntM"IMM YIINr-0M� L"al Fame MINNESOTA WELL DISCLOSURE STATEMENT Minnesota Law requires that before signing an agreement to sell or transfer real property after June 30, 1990, the seller must disclose information in writing to the buyer about the status and location of all known wells on the property. This requirement is satisfied by delivering to the buyer either a statement by the seller that the seller does not know of any wells on the property, or a disclosure statement indicating the legal description and county and a map showing the location of each well. In the disclosure statement the seller must indicate, for each well, whether the well is in use not in use or sealed. A seller who, fads to disclose the existence of a well at the time of sake and knew of, or had reason to know of, the existence of a well is liable to the buyer for costs relating to the sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located. Instructions for completion of this form are on the reverse aide. 1. PROPERTY DESCRIPTION Street address: at C�tj, 2. LEGAL DESCRIPTION 3. WELL DISCLOSURE STATEMENT (Check the appropriate boa.) ❑ The seller certifies that the seller does not know of any wells on the above described real property. If this option is checked, then skip to the last line and sign and date this statement. ❑ The seller certifies that the following wells are located on the above described real property. MN. Unique Well Year of Well IN USE NOT IN SEALED Well No. Depth Const. Type USE Well 1 ❑ ❑ ❑ Well 2 ❑ Well 3 ❑ ❑ 4. SEALED WELL INFORMATION For each well designated as sealed above, complete this section. When was the well sealed? Who sealed the well? Was a Sealed Well Report filed with the Minnesota Department of Health? Yes No b. MAP Complete the attached map showing the location of each well on the real property. 6. CERTIFICATION BY SELLER I certify that the information provided above is accurate and complete to the best of my knowledge. 8�8r > D�eSn� W 11yt�4tln D.r• INSTRUCTIONS FOR COMPLETING THE WELL DISCLOSURE STATEMENT DEFINITION A "well" means an excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed if the excavation is intended for the location, diversion, artificial recharge, or acquisition of groundwater. MINNESOTA UNIQUE WELL NUMBER All new wells constructed AFTER January 1, 1975 should have been assigned a Minnesota unique well number by the person constructing the well. If the well was constructed after this date you should have the unique well number in your property records. If you are unable to locate your unique well number and the well was constructed AFTER January 1, 1975, contact your well contractor. If no unique well number is available, please indicate the depth and year of construction for each well WELL TYPE Use one of the following terms to describe the well type. WATER WELL A water well is any type of well used to extract groundwater for private or public use. Examples of water wells are: domestic wells, drive-point wells, dug wells, remedial wells, and municipal wells. IRRIGATION WELL An irrigation well is a well used to irrigate agricultural lands. These are typically large diameter wells connected to a large pressure distribution system. MONITORING WELL A monitoring well is a well used to monitor groundwater contamination. The well is typically used to access groundwater for the extraction of samples. DEWATERING WELL A dewatering well is a well used to lower groundwater levels to allow for construction or use of underground spaces. INDUSTRIALCOMMERCIAL WELL An industriallcommercal well is a nonpotable well used to extract groundwater for any nonpotable use including groundwater thermal thermal exchange wells (heat pumps and heat loops). WELL USE STATUS Indicate the use status of each well. CHECK ONLY 1 BOX PER WELL IN USE A well is "in use" if the well is producing sufficient water to meet its intended use and is being operated on a regular basis. NOT IN USE A well is "not in use" if the well is inoperable and not in use or the well is disconnected from a power supply and is not sealed. SEALED A well is "sealed "if the well has been sealed by a licensed contractor and there is a Sealed Well Report on rile at the Minnesota Department of Health. A properly sealed well has been sealed by a licensed contractor by pumping grout throughout the entire borehole from the bottom of the well. NOTE: If a well is inoperable and not in use or disconnected from a power source, it must be sealed by a licensed well contractor or a well owner must obtain a maintenance permit from the Minnesota Department of Health and pay an annual maintenance fee. If a well is operable and properly maintained, a maintenance permit is not required. MAP Please use the space below to sketch the real property being sold and the location of EACH well on the property. Include distances from fixed reference points such as streets and buildings. • • • USE ADDITIONAL SPACE ON BACK IF NEEDED Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR THE ACQUISITION OF 5900 EMERSON AVENUE NORTH AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS WHEREAS, on May 9, 1994, the Brooklyn Center Economic Development Authority approved Resolution No. 94 -17, Resolution Authorizing the Acquisition of Certain Real Property Within the City of Brooklyn Center and Establishing Offer of Just Compensation for Said Property Located at 5900 Emerson Avenue North in Brooklyn Center; and WHEREAS, Resolution No. 94 -17 established the fair market value of the real property located at 5900 Emerson Avenue North and authorized the Economic Development Authority staff to make a written offer of $32,100 to the owner of the real property at 5900 Emerson Avenue North for the acquisition of the property; and WHEREAS, the owner of the real property described in Resolution No. 94 -17 has accepted the Economic Development Authority's offer of just compensation and has agreed to execute a purchase agreement for the acquisition of the real property; and NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The terms of the purchase agreement for acquisition of 5900 Emerson Avenue North in Brooklyn Center are hereby approved and the President and Executive Director of the Brooklyn Center Economic Development Authority are hereby authorized to execute the purchase agreement on behalf of the Brooklyn Center Economic Development Authority. 2. The Brooklyn Center Economic Development Authority hereby authorizes payment of $32,100 for the acquisition of 5900 Emerson Avenue North in Brooklyn Center to be paid to the owner on the day of closing for the property at 5900 Emerson Avenue North as per the terms of the purchase agreement. 3. All costs associated with the acquisition of 5900 Emerson Avenue North shall be accounted for in the EDA Spot Renewal Program. Date Todd Paulson, President EDA RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council Meeting Date 6113/94 31 City of Bmoldyn Center Agenda It= Number 4 C Request For Council Consideration Item Description: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR EDA DEMOLITION PROJECT AT 6525, 6527 AND 6529 WILLOW LANE NORTH (WILLOW RIVER APARTMENTS) Department Approval: Tom Bublitz, Community Developr6id Specialist Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Summary Explanation: (supplemental sheets attached XL) This resolution would approve the plans and specifications and authorize the advertisement for bids for • demolition of the Willow River Apartments at 6525, 6527 and 6529 Willow Lane North. The asbestos abatement portion of the project has been completed, and staff believes both the asbestos abatement contractor, Safe Air Systems, Inc., and Environmental Process, Inc. (EPI), the consultant on the project, did an excellent job. Given the scope of the demolition portion of this project, staff requested EPI to develop a set of specifications for demolition of the Willow River Apartments. The cost to prepare the demolition specifications was approximately $1,000. A copy of the specifications is included with this memorandum. Also, we will be able to use this as a model for any future demolitions of this scale. The additional involvement of EPI on the project would be to conduct the prebid meeting with prospective bidders to review the specifications and conduct the site inspection. The estimated cost for this would be between $300 -500. After the prebid meeting, staff would oversee and manage the remainder of the project. Recommendation: Staff recommends approval of Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for EDA Demolition Project at 6525, 6527 and 6529 Willow Lane North (Willow River Apartments). 6� Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR EDA DEMOLITION PROJECT AT 6525, 6527 AND 6529 WILLOW LANE NORTH (WILLOW RIVER APARTMENTS) WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA) purchased the eighteen unit apartment building located at 6525, 6527 and 6529 Willow Lane North (Willow River Apartments) for purposes of redevelopment as part of the EDA's scattered site redevelopment program; and WHEREAS, specifications for demolition of the building and garages at the Willow River Apartments have been prepared by Environmental Process, Inc. (EPI); and WHEREAS, the EDA desires to proceed with the demolition of the EDA -owned property at 6525, 6527 and 6529 Willow Lane North (Willow River Apartments). NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. Said plans and specifications for the Willow River Apartments demolition, as prepared by Environmental Process, Inc., are hereby approved. 2. The Deputy City Clerk shall prepare and cause to be inserted in the City's official newspaper an advertisement for bids for the demolition work in accordance with the approved plans and specifications. The advertisement shall be published in accordance with Minnesota Statutes, shall specify the work to be done and shall state the time and location at which bids will be opened by the Deputy City Clerk and the EDA Executive Director or their designees. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the EDA on the issue of responsibility. No bids will be considered unless sealed and filed with the Deputy City Clerk and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent (5 %) of the amount of such bid. 3. All costs related to the Willow River Apartments demolition project shall be charged to the Economic Development Authority reserve fund. EDA RESOLUTION NO. Date Todd Paulson, President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. a ' PROJECT MANUAL WILLOW RIVER APARTMENTS AND GARAGE STRUCTURE DEMOLITION PREPARED FOR ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE>' CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 EPI #94 -684 SET # ENVIRONMENTAL N AL PROCE SS, INC. 1220 GLENWOOD AVENUE MINNEAPOLIS, MN 55405 (612) 377 -8316 JUNE 13, 1994 PROJECT MANUAL WILLOW RIVER APARTMENTS AND GARAGE STRUCTURE DEMOLITION ECONOMIC DEVELOPMENT AUTHORITY CITY OF BROOKLYN CENTER BROOKLYN CENTER, MINNESOTA JUNE 13, 1994 ENVIRONMENTAL PROCESS, INC. 1220 GLENWOOD AVENUE MINNEAPOLIS, MINNESOTA 55405 EPI #94 -684 I hereby r . y that this plan, specification, or report was prepared by me or under my direct super ' i nd that m a duly Regis =d Architect under the laws of the State of Minnesota. Registration Number 18510 arles A. Lane, AIA, P.E. DATE: June 13, 1994 SECTION 0010 WILLOW RIVER APARTMENTS ASBESTOS ABATEMENT TABLE OF CONTENTS DIVISION TITLE NO, OF PAGES DIVISION 0 - BIDDING CONTRACT DOCUMENTS 0001 Title Page I 0010 Table of Contents 1 0020 Advertisement for Bids 2 0025 Contractor Notice I 0030 Instructions to Bidders 4 0040 Proposal Form 3 0045 Affidavit of Non - Collusion 1 0050 Documents Incorporated by Reference 1 0080 General Conditions 1 0090 Supplementary Conditions 12 DIVISION 1 - GENERAL REQUIREMENTS 0130 Temporary p ry 0140 Cleaning Up 1 0170 Description of Alternates /Unit Costs 1 DIVISION 2 - SITE WORK 0205 Demolition 0220 Earthwork 3 0280 Seeding 2 END OF SECTION 0010 - Section 0010 -Page 1 SECTION 0020 ADVERTISEMENT FOR BIDS OFFICIAL NOTICE TO BIDDERS STRUCTURE DEMOLITION CONTRACT FOR WILLOW RIVER APARTMENTS AND GARAGE (6525, 6527 AND 6529 WILLOW LANE NORTH) CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY Owner: The Economic Development Authority in and for the City of Brooklyn Center (EDA) Hereby gives notice that sealed Proposals will be received in the office of the Deputy City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, for the following described Project: Demolition of one (1) 18 unit apartment building and one (1) nine (9) stall garage, including removal of all building foundations, blacktop drives, sidewalks, with placement of back filling, leveling and seeding of project site. The property is located at 6525, 6527, and 6529 Willow Lane North in Brooklyn Center, Minnesota. PREBID A prebid meeting will be held on June 30, 1994, at 10:00 a.m. at the Brooklyn Center City Hall Council Chambers with a tour of the project site immediately following. TIME Sealed bids will be received until 11:00 p.m., local time, on the 13th day of July, 1994, at the Brooklyn Center City Offices, at which time and place the Deputy City Clerk and Community Development Director, or their designated representatives, shall publicly open, read aloud, and tabulate the bids. Proposals arriving after the designated time will be returned unopened. BIDS Sealed bids shall be addressed to the City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, and shall be endorsed with the name and address of the Bidder and shall be marked "Bid for demolition of 6525, 6527, and 6529 Willow Lane North. " Bids shall be submitted on the proposal forms provided in accordance with Contract Documents, Plans and Specifications as prepared by Environmental Process, Inc. (EPI), which are on file with the Brooklyn Center City Clerk and may be seen at the Brooklyn Center City Clerk office or at the office of EPI, 1220 Glenwood Avenue, Minneapolis, Minnesota 55405. -1- CONTRACT DOCUMENTS Copies of Proposal Forms and Specifications for use by the Contractor submitting a bid may be obtained from the City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, at no charge BID SECURITY A cash deposit or a certified check, cashier's check, or satisfactory bid bond payable to the Economic Development Authority in and for the City of Brooklyn Center in an amount of not less than five (5) percent of the bid amount shall accompany each bid as a guarantee that if the bid is accepted, the Bidder will execute and file the contract performance bond and insurance certificate(s), as required by the Contract Documents, within ten (10) calendar days after issuance of the Notice of Award of Contract by the City of Brooklyn Center EDA. Failure on the part of the Bidder to do so will result in forfeiture of the Bidder's cash deposit, certified check, cashier's check, or bid bond to the Economic Development Authority in and for the City of Brooklyn Center. CONTRACT SECURITY The Bidder to whom a contract is awarded shall be required to furnish a performance bond acceptable to the City of Brooklyn Center EDA for 100% of the contract price in accordance with the requirements of the Contract Documents. BID REJECTION The EDA reserves the right to reject any and all bids, waive any informalities in biddin g, accept or to t the bid or bids which best serve the interest of the eP EDA. BID WITHDRAWAL No bids shall be withdrawn for a period of sixty (60) calendar days after the scheduled opening of the bids without the consent of the Economic Development Authority Board of Commissioners. (Published by the authority of the Economic Development Authority in and for the City of Brooklyn Center. Published in the Brooklyn Center Sun -Post on the 22nd day of June, 1994). -2- r SECTION 0025 CONTRACTOR NOTICE Please be advised that there will be an opportunity for all Contractors who are submitting bids for th oject to make a tour and observation and of the facility. The time of this observation /tour will be at 10:00 a.m. on 1994. All persons interested in the project shall meet at the Brooklyn Center City Hall Council Chambers (6301 Shingle Creek Parkway) first, then a tour of the Willow River Apartment Building and Garage located at 6525, 6527, and 6529 Willow Lane North, Brooklyn Center, Minnesota, will be conducted. A meeting at the facility nnmediately after the tour will allow all contractors to ask questions of the Owner, Architect, and Engineer or their representatives. Appropriate changes decided upon at the meeting will be issued ed b Addendum r g Y prior o to the due date. END OF SECTION 0025 Section 0025 - Page 1 SECTION 0030 INSTRUCTIONS TO BIDDERS SPECIAL CONDITIONS PART 1 - GENERAL RELATED DOCUMENTS The General Conditions, Supplementary Conditions, Special Conditions, and all sections of Division 0 and Division I apply to all sections of these specifications and are a part of the contract. 1.1 SUBMISSION REQUIREMENTS a. PROJECT TITLE: WILLOW RIVER APARTMENTS AND GARAGE DEMOLITION Brooklyn Center, Minnesota b. Proposals to be submitted to owner and consultant: O Depu p ty City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Proposals are due u to 11:00 a.m. Wednesday 3 P y, July 1_, 1994, at the location described in Item b above, at which time all bids will be opened and read aloud. Proposals will be reviewed at the July 25, 1994, -e�- meeting. E b,4 d. If changes or erasures appear on the Bid Form Document, all such locations shall be initialed by the person signing the Bidding Documents. e. All spaces of the proposal must be filled in with typewriter or ink, with all amounts stated in figures and words. In case of a difference between figures and written words, the written words shall be used. f. Proposals shall remain in effect for sixty (60) calendar days from bid date. 1.2 PLANS AND SPECIFICATIONS a. Construction Documents - (Project manual and plans) and other bidding documents may be examined at the following locations: DEPUTY CITY CLERK City of Brooklyn Center 6301 Shingle Creek Parkway 0 Brooklyn Center, Minnesota Section 0030 - Page 1 b. Prime contractors may obtain plans and specifications from Owner at no charge. One set per Contractor will be allowed. - 1.3 EXAMINATION OF CONSTRUCTION DOCUMENTS AND PROJECT SITE a. Submission of a bid indicates bidder has carefully examined all bidding documents in their entirety, inspected project site to arrive at a clear understanding of the conditions under which work is to be done, compared conditions at project site with project drawings and specifications. No extra compensation will be allowed to contractor as a result of his /her failure to become acquainted with conditions which can be determined by examining the site and documents prior to submitting a bid. Contact the following for access to the various project: Mr. Tom Bublitz Economic Development Authority City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Telephone: 569 -3433 1.4 DEFINITIONS a. The term "architect" or "engineer" shall refer to project designer. b. The term "project designer" shall refer to ENVIRONMENTAL PROCESS, INC. C. The term "owner" shall refer to Economic Development Authority in and for the City of Brooklyn Center. d. The term "bidder" shall refer to qualified contractors. e. The term "contractor" shall refer to successful bidder. 1.5 AUTHORIZED PERSONNEL a. List the names, addresses, and telephone numbers of those persons authorized to discuss the contents of the bid and those persons authorized to conduct contract negotiations on behalf of the bidder. b. Identify the primary responsibilities of each person listed. 1.6 LICENSES a. Provide evidence that all state licensing requirements have been met. 1.7 PRE - CONSTRUCTION CONFERENCE a. Successful Contractor, Prime Contractor, or his/her authorized representative must attend a pre- construction conference on a date to be determined. 1.8 POST BID INFORMATION - QUALIFICATIONS OF BIDDERS 0 The successful low bidder may need to submit the following idder's qualifications statement which will include g q the following: Section 0030 - Paae 2 a. To demonstrate his /her qualifications for the project, each bidder must submit written evidence that the bidder involved: 0 I Maintains a permanent place of business. 2 Has adequate equipment to do the work properly and expeditiously. 3. A financial statement or letter of credit from a financial institution showing the bidder has financial resources to meet all obligations stated herein. 4. A statement declaring that the contractor is licensed in the State of Minnesota as required for demolition work. b. Experience - Name and location of at least three (3) projects of fifty thousand dollars (S50,000.00) or greater in the last five years. Project references shall be accompanied by the name, address, and telephone number of the purchaser of the services. At least two (2) of the above type projects referenced shall have included city or public projects. C. Has operations /field superintendent with a miniunum of three (3) year satisfactory experience record with work of this type and scope by submission of a list of references of persons who can attest to the quality of work performed by the contractor. d. The name(s) of the perspective superintendent/foreperson who will be assigned to the project. This person shall be trained and knowledgeable of applicable regulations and work practices as evidenced by participation and successful completion of the Environmental Protection Agency (EPA) - approved "Practices and Procedures" course for demolition removal and disposal. 1. Resume, name of responsible person(s), including evidence of past project supervisory skills as a supervisor for this type of project. 1.9 DISPOSAL Description of the method for transporting waste material and disposal location with copy of landfills license for acceptance of the type of materials to be disposed. All disposal, landfill permit copies and waste manifests to be submitted to Owner. 1.10 FINAL CLEAN UP Before final acceptance of the site, the successful bidder shall removal all surplus and discarded materials, equipment and rubbish; and all parts of the work site shall be left in a condition acceptable to the Owner. 1.11 CONDITION OF SITE The successful bidder will be responsible for maintenance of the entire ro ert including p p y, g not limited to, later /debris pick -up, grass mowing, weed removal, tri nrning of storm damages trees, for the entire duration of the Contract. Failure of the successful bidder to maintain the entire property in a satisfactory condition shall be cause for Owner's forces to perform said maintenance, the costs of which shall be billed to the Contractor. The Brooklyn Center Economic Development Authority assumes no responsibility for the condition of the site, the O ildings or structures on the site, or the continuance in the existing condition after the award of Contract. All damage loss by reason of fire, theft or other casualties to the building and structures shall be at the risk of the successful Section 0030 - Page 3 bidder, and no damage or loss shall relieve the successful bidder from any obligations under his proposal follo"vinQ the award of the Contract. 1.12 HOURS OF WORK Work under the Contract shall be conducted during normal business hours Monday through Friday, but in no case shall the work begin prior to 7:00 a.m., or terminate after 6:00 p.m. No work shall be done on Saturday or Sunday. PART 2: PRODUCTS (NOT APPLICABLE) PART 3: EXECUTION 3.1 DEMOLITION All work shall comply with applicable rules and regulations of the Minnesota Pollution Control Agency, Hennepin County Solid Waste Disposal ordinances and all requirements of the City of Brooklyn Center. It shall be the successful bidder's responsibility to become knowledgeable with regard to all applicable rules and regulations. All materials shall be disposed of in accordance to all federal, state and local regulations and rules. END OF SECTION 0030 0 Section 0030 - Page 4 SECTION 0040 PROPOSAL FORM (PLACE ON CONTRACTOR LETTERHEAD Economic Development Authority Date: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Willow River Apartments and Garage Structure Demolition Ladies and Gentlemen: The undersigned has carefully examined the project site locations, quantities, existing conditions, and the contract documents including instructions to bidders, the proposal form, general, supplement, and special conditions, drawings, and acknowled --e receipt of Addenda # dated , and # , dated , in accordance with the provision thereof, hereby propose to furnish all labor, material, and equipment to complete all the work in accordance to the contract documents. The contractor understands that in signing this bid, he /she waives all right to plead any misunderstanding regarding the contract work. BASE BID: r lump sum bid for the complete building site demolitions, site cleanup, backfilling, leveling and seeding for the roperty at 6525, 6527, and 6529 Willow Lane North as described and as shown in the documents, including a performance /payment bond is the sum of: S The Contractor will complete the total construction in consecutive calendar days from award of Contract or by , 1994. (Month) (Day) Unit Costs Cost to include all labor /material /equipment/materials - leveling Cost/cubic yard Clean gravel fill S Select fill S Black dirt/seeding S This proposal is submitted after careful study of the Drawings and Specifications and from a personal knowledge of the building site, which knowledge was obtained from the undersigned's own source of information. O s understood and agreed that this Proposal cannot be withdrawn within sixty (60) days without the consent of the Owner and that the Owner has the right to accept or reject any or all bids. Section 0040 - Page 1 The bidder understands the owner reserve the right to accept or reject any or all bids or alternates and to waive informalities in bids received and minor discrepancies in bidding procedures. 0 Contractor to file permits upon letter of award confn of project acceptance (Contract agreements shall be completed prior to work start -up). In guarantee of sincerity of purpose in entering this bid, the undersigned encloses a certified check, a cashier's check, or a bid bond, in an amount of five (5) percent of the bid amount, made payable to the Brooklyn Center EDA. It is agreed that this amount is subject to forfeiture to the OWNER in the event the undersigned fails to execute the prescribed Contract and submit the required Performance Bond, and Insurance Certificates to the OWNER within ten (10) calendar days after issuance of Notice of Contract Award. I IF AN INDIVIDUAL, PARTNERSHIP, OR NON - INCORPORATED ORGANIZATION: Respectively submitted, By: (Signature of Bidder) Title: Name and Address of Bidder: (Print) (Name) (Address) (City and State) Names and Addresses of Firm Members: Telephone Number IF A CORPORATION: Respectfully submitted, By: (Signature of Bidder) Title: Section 0040 - Page 2 Name and Address of Bidder: (Print) (Name) (Address) (City and State) (Telephone Number) President: (Name) (Address) Secretary: (Name) (Address) Treasurer: (Name) (Address) END SECTION 0040 0 Section 0040 - Page 3 SECTION 0045 AFFIDAVIT OF NON - COLLUSION STATE OF MINNESOTA ) COUNTY OF ) being first duly sworn to depose and say that I am the authorized (your name) representative of (Name of individual, partnership or corporation submitting bid.) and that I have the authority to make this affidavit for and on behalf of said bidder, that I state to the best of my knowledge and belief, that said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this proposal or bid submitted on (Date) That the contents of the bid were not communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or of the surety furnished with the bid proposal prior to the official opening of the bid, and that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed by bidder or his authorized representative Subscribed and sworn to before me this day of , 19 (Notary Public) My Commission expires , 19 END OF SECTION 0045 Section 0045 - Page 1 SECTION 0050 DOCUMENTS INCORPORATED BY REFERENCE PART 1: GENERAL 1.01 OWNER/CONTRACTOR AGREEMENT A. The "General Conditions of the Contract for Construction ", AIA Document A201, 1987 Edition, Article 1 through 14, are hereby made a part of this specification, except as amended by the Supplementary Conditions. B. BUILDING PLAN /FORMS /DETAILS All buildings, drives, sidewalks, foundations, dead trees, trash, etc., shall be removed as per demolition specifications and as shown on drawings. 1. PLANS - WILLOW RIVER APARTMENTS AND GARAGE Al Location Map /Building and Site Plan C. CONSTRUCTION CONTRACT AND RELATED FORMS The successful bidder will be required to enter into a contract with the Economic Development Authority for the City f Brooklyn Center. The contract consists of the following documents: y o Y g 1. Insurance form completion and submittal to the Economic Development Authority for the City of Brooklyn Center, and EPI. 2. Contract between the Economic Development Authority for the City of Brooklyn Center and Contractor as prepared by the City Attorney. 3. Forms to be used: Form 1 Form Number - Application and Certificate for Payment G -702 - Continuation Sheet G -702a - Certificate of Substantial Completion G -704 - Contractor's Affidavit of Payment of Debts and Claims G -705 - Contractor's Affidavit of Release of Liens G -706a - Consent of Surety Company to Final Payment G -707 - State of Minnesota - Affidavit of Final Settlement IC -134 END OF SECTION 0050 Section 0050 - Page 1 M E R I C A N I N S T I T U T E O F A R C H I T E C T _ J AIA Document A201 General Conditions of the Contract for Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH ANA TTORNEY IS ENCOURAGED W177i RESPECT TO ITS MODIFICATION 1987 EDITION TABLE OF ARTICLES 1. GENERAL PROVISIONS 8. TIME 2. OWNER 9.. PAYMENTS AND COMPLETION 3. CONTRACTOR 10. PROTECTION OF PERSONS AND PROPERTY 4. ADMINISTRATION OF THE CONTRACT 11. INSURANCE AND BONDS 5. SUBCONTRACTORS 12. UNCOVERING AND CORRECTION OF WORK 6. CONSTRUCTION BY OWNER OR BY 13. MISCELLANEOUS PROVISIONS SEPARATE CONTRACTORS 14. TERMINATION OR SUSPENSION OF THE 7. CHANGES IN THE WORK CONTRACT This document his been 2pprovcd and endorsed by the Associated Gencr2l Contactors of Amcric2. 1 Copyright 1911, 1915. 1918, 1925, 1937, 1951, 1958. 1961, 1963, 19663, 1967, 1970, 1976, ©1987 by The American ir-mitute of Architects, 1735 New York Avenue, N.VI., Washington, D.C., 2(X)06. Reproduction of the material herein or substantial bstantial quotation of its provisions without •ritacnNew permission of the AIA ei0121e5 the copyright laws of the L'nited States and will be subject to legal prosecutions. AIA DOCUMENT A201 - GENERAL CONDITION~ OF THE CONTRACT FOR CONSTWCTIO\ - FOURTF.E \T11 EDITION AIA -0 1 9R TI IF. AMERICA, IN'T1T1.•TE OF AR( :)ilTEC :l :S. 1 iS \F.\C PORK A \•I:N%'F.. \.\x'.. %X'AS1IINGTON. D.C:. 21W, A201 -1987 1 INDEX Acceptance of Nonconforming Work ......... 9.6.6.9-9.3,12.3 Building Permit ..... ............................... 3.7.1 Acceptance of Work ........... 9.6.6,9.8.2,9.9.3,9.10.1.9-10.3 Capitali zation ........ ............................... 1.4 Access to Work ........................... 3.16, 6.2.1,12.1 Certificate of SuhstantW Completion .................... 9.8.2 Accident Prevention ........... .. .... ..... 4.2.3.10 Certificates for Payment.. .... 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, Acts and Omissions ... 31.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 4.31, 9.6.6, 9.7.1, 9.8.3, 9. 10.1, 9.10.3, 13.7, 14.1.1.3, 142.4 4.3.9, 8.3.1, 10.1.4, 10.2.5, 13.4.2, 13.7, 14.1 Certificates of Inspection, Testing or Approval ..... 3.12.11,13.5.4 Addenda ......... • ........................... 1.1-1,3.11 Certlftates of insurance ............... 93.2.9.101,11.1.3 Additional Cost, Claims for ......... 4.3-6,4.3.7.4.3.9.6.1.1,10.3 Change Orders...... 1.1.1, 2.4.1,3.8.2.4,3.11,4.2.8.4-3-3.5.2-3, Additional Inspections and Testing....... 4.2.6, 9.8.2, 12.2.1, 13.5 7.1, 72, 7.32. 8.3-1. 9.3-1.1. 9.10-3. 11.3.12, Additional Time, Cisims for ............. 4.3.6, 4.3.8, 4.3.9, 8.3.2 11.3.4. 113.9, 12.12 ADMINISTRATION OF THE CONTRACT ....... 3.3.3.4, 9.4, 9.5 Change Orders, Definition of .......................... 72.1 Advertisement or Invitation to Bid ...................... 1.1.1 Changes ........................................... 7.1 Aesthetic Effect ............................... 4.2.13, 4.5.1 CHANGES IN THE WORK .... 3.11.42.8, 7.8.3.1.93.1.1,10.1.3 Allowances........................................ 3.8 Claim, Definition of ................................. 4.3.1 All-risk Insurance ....... ... . 11.3.1.1 Claims and Disputes ................ 4.3, 4.4,4.5.6.2.5.8-31, Applications for Payment .. 42.5, 7.3.7.91, 9.3, 9.4, 9.5.1, 9.6.3, 9.3-1-2. 9.5.3. 9.10.4, 10.1.4 9.8.3, 9.10.1, 9.10.3, 9.10.4, 11.1.3. 14.2.4 Claims and Timely Assertion of Claims ................ 4.5.6 Approvals.... 2.4, 3.3.3.3.5, 3.10.2, 3.12.4 through 3-12.8,3.18-3. Claims for Additional Cost ........ 4.3.6.4.3.7.4.3.9.6.1.1.103 41.7, 9.3.2, 11.3.1.4, 13.4.2, 13.5 Claims for Additional Time ............. 4.3.6, 4.3.8, 4.3-9.8-3.2 Arbitration ..................... 4.1.4, 4.3.2.4.3.4, 4.4.4, 4.5, Claims for Concealed or Unknown Conditions........... 4.3.6 8.3.1, 10.12, 11.3.9, 11.3. 10 Claims for Damages ... 3.18,4.5.9,6.1.1,6.2.5,8.5.2.9.5.1.2, 10.1A Architect ........... ............................... 4.1 Claims Subject to Arbitration ................. 4.3.2,4.4.4.4-5.1 Architect, Definition of.. ....................... 4.1.1 Cleaning Up ............. ..... ....... 3.15.6.3 Architect, Extent of Authority ........ 2.4,3.12.6.4.2,4.3.2.4-3.6, Commencement of Statutory Limitation Period .......... 13.7 4.4, 5.2, 6.3, 7.11, 72.1, 7.3.6.7.4, 92, 9.3.1, Commencement of the Work, Conditions Relating to ....... 2.12, 9.4, 9.5, 9.6.3, 9.8.2, 9.8.3.9.10.1, 9.10.3, 12.1, 12.2.1, 2.2.1, 3.2.1, 5.2.2. 3.7.1. 3.10.1, 3.12.6, 4.3.7, 52.1. 13.5.1. 13.5.2, 14.2.2, 142.4 622, 8.12, 8.22, 9.2, 11.1.3. 11.3.6, 11.4.1 Architect, Limitations of Authority and Responsibility. 3-3-3,3-12-8, Commencement or the Work, Definition of ............... 8.12 3.12.11, 4.12, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, Communications Facilitating Contract 41.13, 4.3.2, 5.2.1, 7.4, 9.42, 9.6.4, 9.6.6 Administration ........................ 3.9.1, 42.4.5.2.1 Architect's Additional Services and Expenses .......... 2.4, 9.8.2, Completion, Condition.., Relating to ....... 3.11.3.15.42.2, 4.2.9, 11.3.1.1, 12.2.1, 12.2.4, 13.51, 13.5.3, 14.2.4 4.3.2, 9.4.2.9.8, 9.9.1.9.10, 11.3.5. 12.22, 13.7.1 Architect's Administration of the Contract .......... 4.2, 4.3.6, COMPLETION, PAYMENTS AND ......................... 9 4.3.7, 4.4, 9.4, 9.5 Completion, Substantial ......... 42.9.4.3.52, 8.1.1, 8.1.3.82.3, Architect's Approvals 2.4, 3.5.1, 3.102, 3.12.6, 3.12.8, 3.18.3, 4.2.7 9.8, 9.9.1, 1222. 13.7 Architect's Authority to Reject Work .... 3.5.1, 42.6, 12.12, 12.2.1 Compliance with Laws ...... 1.3.3-6.3.7.3-13,4.1.1. 11.1, Architect's Copyright ......... .. .. .. . 1.3 11.3, 13.1. 13.5.1, 13.5.2, 13.6, 14.1.1, 142.1.3 Architect's Decisions.. 4.2.6, 4.2.7, 4.2.11, 42.12, 4.2.13, Concealed or Unknown Conditions ..................... 43.6 4.3.2. 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3.1, Conditions of the Contract ........... • •...... 9.2. 9.4, 9.5.1, 9.8.2, 9.9.1, 10.12, 13.5.2, 14.2.2, 14.2.4 Consent, Written .................. 1.3-1.3.12.8.3.14.2,4.1.2. Architect's Inspections ........... 4.2.2,4.2.9.4-3.6,9.4.2,9.8.2, 4.3.4, 4.5.5, 9.3.2, 9.8.2, 9.9.1.9.10.2, 9.10.3,10.1.2, 10.13, 9.9.2,9.10.1,13.5 11. 3.1.11.3.1.4,11.3.11,13.2,13.41 Architcct'sInstructions.. 4.2.6,4.2. 7,4.2.8,4.3.7,7.4.1,12.1,13.5.2 CONSTRUCTION BY OWNER OR 13Y SEPARATE Architect's Intcrprctations ................. 41.11, 4.2.12, 4.3.7 CONTRACTORS .............................. Architect's On-Site Observations ........ 4.2.2, 4.2.5, 4.3.6, 9.4.2, Construction Changc Directive, Definition of .............. 7.3•i 9.5.1, 9.10.1, 13.5 Construction Change Directives .... 1.1.1, 4.2.8, 7.1, 7.3, 9.3.1.1 Architect's Project Representative ..................... 4.2.10 Construction Schedules, Contractor's ............... 3.10, 6.1.3 Architcci s Rclationship with Contractor ....... 1.1.2, 3.2.1, 3.2.2, Contingent Assignment of Subcontracts ................ 5.4 3.3.3. 3.5.1, 3.7.3, 3.11, 3.12.8, 3.12.11, 3.16, 3.18, 4.2.3, 4.2.4, Continuing Contract Performance .................... 4.3.4 4.2.6, 4.2.12. 5.2, 6.2.2, 7.3.4, 9.8.2, 11.3.7, 12.1, 13.5 Contract, Definition or ............................... 1.12 Architcci s Rclationship with Subcontractors .... 1.1.2, 4.2.3.4.2.4. CONTRACT, TERMINATION OR 4.2.6, 9.6.3, 9.6.4, 11.3.7 SUSPENSION OF THE .................. 4.3.7, 5.4.1.1.14 Architect's Rcprescntationa ................. 9.4-2.9.5-1.9.1n.1 Contract Administration ..................... 3.3.3.4.9.4.9.5 Architect's Site Visits ........ 4.2.2, 4.2.5, 4.2.9,4.3.6.9.4-2,9.5. 1. Contract Award and Execution, Conditions Relating to ...... 3.7.1, 9.8.2, 9.9.2, 9.10.1, 13.5 3.10, 52. 9.2. 11.1.3, 11.3.6, 11.4.1 Asbestos .......................................... 10.1 Contract Documents, The . ... .... .... .... 1.1, 12.7 Attomc". Fccs ........................ 3.18.1, 9.10.2, 10.1.4 Contract Documents, Copies Furnished and Use of. i .3.22.5, 5.3 Award of Separate Contracts ........................... 6.1.1 Contract Documents, Definition of ..................... 1.1.1 Award of Subcontracts and Other Contracts for Contract Performance During Arbitration ............ 4.3.4.4.5.3 Portions of the Work .............................. 3.2 Contract Sum ................... 3.8.4.3.6, 4.3.7, 4.4.4.5.2.3, Basic Definitions ....................... 1.1 6.1.3. 7.2, 7.3.9.1, 9.7 121.4, 12.3, 142.4 Bidding Acquirements . , ..... • .. • • • .. 1.1.1, 1.1.7, 5.2.1, 11.4.1 Contract Sum, Definition of.. 9 . 1 Boiler and Machinery Insurance ..................... 11.3.2 Contract Time ................. 4.3.6,43.8,4.4-4.7.2-1-3.7.3, &mds. Licn .. 9.10.2 8.2.1, 8.3.1. 9.7, 12.1.1 Bonds. Pcrformancc and Paymcni ..... 7.3.6.4.9.10-3.11-3.9,11. , Contract Timc, Definition of .......................... 8.1.1 AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CO\TRUCT FOR CONSTRUC.TIO.\ • FOt'RTEEKrit EDITION 2 A201 -1987 AiAt • ©1987 THE ANIF.RIC:AN iNSTiTLTE OF ARC) IITECTS, 1735 NEW YORK AVENUE. N V.. a'ASIIISGTON. D.C. 2W06 CONTRACTOR . 3 Emergencies .. ............................... 4.3.7,10.3 Contractor, Definition of ......................... 3.1, 6.1.2 Employees, Contractor's .......... 3.3.2.3.4.2,3-8-1.3-9.3-18-1. Contractor's Bid ..... 1.1.1 3.18.2, 4.2.3, 4.2.6, 8.12. i0 .2. 10.3, 11.1.1, 14.2.1.1 Contractor's Construction Schedules ............. 3.10, 6.1.3 Equipment, Labor, Materials and .......... 1.1.3, 1.1.6, 3.4, 3.5.1. Contractors Employees ....... 3.3 3.8.2, 3.12.3, 3.12.7. 3.12.11, 3.13. 3.15.1. 42.7. 4.2. 6,8.12,10.2,10.3.11.1.1,14 .2.1.1 6.2.1. 7.3.6.9.3.2.9.3.3,11.3,122.4,14 Contractor's Liability insurance ....................... 11.1 Execution and Progress of the Work ..... 1.1.3, 123, 3.2, 3.4.1, Contractors Relationship with Separate Contractors 3.5.1. 42.2, 42.3, 4.3.4. 4.3.8, 6.2.2, 7.1.3, and Owner's Forces ...... 22.6, 3.12.5, 3.14.2, 4.2.4, 6,12.2.5 7.3.9, 8.2, 8.3, 9.5.9.9.1. 102, 142, 14.3 Contractor's Relationship with Subcontractors ....... 1 .2.4.3.3 .2, Execution, Correlation and Intent of the 3.18.1, 3.182, 5 .2, 5.3. 5.4, 9.62, 11.3.7, 11.3.8. 14.2.1.2 Contract Documents .......... .. .. . 1.2.3.7.1 Contractor's Relationship with the Architect .... 1.1.2, Extensions of Time ............. 4.5.1.4.3.8,71.1.3 8.3.10-3.1 3.3.3, 3.5.1. 3.7.3. 3.11, 3.12.8 3.16, 3.18, 4.2.3, 4.2.4, 41.6, Failure of Payment by Contractor .............. 9.5.1.3,14 .2.1.2 4.2.12, 51, 6.2.2, 7.3.4, 9.8.2, 11.3.7. 12.1, 13.5 Failure of Payment by Oa-ncr .............. 4.3-7.9-7,14.1.3 Contractor's Representations.. 1.2.2.3.5.1,3.12.7,6.22,82.1,9.3.3 Faulty Work (See Defective or Nonconforming Work) Contractor's Responsibility for Those Final Completion and Final Payment ........ 4.2.1,4.2-9.4.3.2. Performing the Work ................. 3.3 .2. 3.18, 42.3,10 4.3.5, 9.10, 11.1.2. 1 1.1.3, 11.3-5. 12.3.1.13.7 Contractor's Review of Contract Documents ...... 1-2-2,32,3-73 Financial Arrangements, Owner's ....................... 21.1 Contractor's Right to Stop the Work ...................... 9.7 Fire and Extended Coverage Insurance ................... 11.3 Contractor's Right to Terminate the Contract .............. 14.1 PROVISIONS . ............................. Contractor GENERAL .. 1 Contractor's Submittals ....... 3.10, 3.11, 3.12, 4.2.7.5 .2.1, 5.2.3, Governing Law I O N S ..... .. 1 7.3.6,9 .2,9.3.1,9.8.2,9.9.1,9.10.2, 9.10.3, 10.1 .2, 11.4 .2, 11.4.3 Guarantees (See Warranty and Warranties) Contractor's Superintendent ...................... 3.9, 10.2.6 Hazardous Materials ............................ 10.1,101.4 Contractor's Supervision and Construction Procedures...... 1 1.4, identification of Contract Documents ................... 1 .2.1 3.3, 3.4, 4.2.3, 8.2.2, 8.2.3. 10 identification of Subcontractors and Suppliers ............. 5 .2.1 Contractual Liability insurance ................. 11.1.1.7.11.2.1 Indemnification ....... 3.17, 3.18, 9.10.2,10.1.4,11.3.1.2,11-3.7 Coordination and Correlation ............... 1.2.2,1.2.4,3.3-1. information and Services Required of the Owner..... 2.12,2.2, 3.10, 3.12.7.6.1-3,6.2.1 4.3.4, 6.1.3.6.1.4, 6.2.6.9.3 .2. 9.6.1.9.6.4, 9.8.3.9.9 .2, Copies Fumished of Drawings and Spceifreations ... 1.3, 2 .2.5.3.11 9.14.3, 10.1.4, 11.2. 11.3. 13.5.1. 13.5.2 Correction of Work ............... 2.3,2.4.4-2.1,9.8.2, injury or Damage to Person or Property ................ 4.5.9 9 .9.1, 12.1 .2, 12.2, 13.7.1.3 Inspections ......................... 33.3.3.3.4,3.7.1.422, Cost, Definition or ....... ......... ..... .. 7.3.6,14.3.5 4.2.6, 4.2.9, 4.3.6, 9.42, 9.8.2.9.92, 9.10.1, 13.5 Costs .... 2.4.3.2.1, 3.7.4, 3.8.2, 3. 15.2.4.3.6, 4.3.7, 4.3.8.1, 5.2.3, instructions to Bidders ............................... 1.1.1 6.1.1.6.2-3,6.3,7.3.3.3,7.3.6,7.3.7,9.7.9.8.2,9.10.2, 11.3-1.2, instructions to the Contractor .... 3.8.1, 4.2.8, 5.2.1, 7,12.1,13.5.2 It .3-1.3,11.3.4,11.3.9.12.1,12.2.1,12.2.4,12.2.5,13.5,14 insurance....... 4.3.9.6.1.1,7. 3.6.4,9.3.2,9.8.2,9.9.1,9.10.2, ii Cutting and Patching ........................... 3.14, 6.2.6 Insurance, Boller and Machinery .................... 11.3.2 Damage to Construction of Owner or Separate Contractors 3.14.2, insurance, Contractor's Liability ..................... 11.1 6.2.4. 9.5.1.5, 10.2.1.2, 10.2.5, 10.3, 11.1, 11.3, 12.2.5 insurance, Effective Date of ..................... 8.2 .2, 11.1.2 Damage to the Work ..... 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.3, 11.3 Insurance, Loss of Use ............................. 11.3.3 Damages, Claims for .. 3.18, 4.3.9, 6.1.1, 6.2.5, 8.3.2, 9.5.1.2, 10.1.4 Insurance, Owner's Liability .......................... 11.2 Damages for Dclay .................... 6.1.1.8-3.3,9.5.1.6,9,7 Insurance, Property ........................... 10.2.5,11.3 Date of Commencement of the Fork, Definition of ......... 8.1.2 Insurance, Stored Matcrials .................... 9.3-2,11-3.1.4 Datc of Substantial Completion, Definition of.............. 8.1.3 INSURANCE AND BONDS ............................. 11 Day, Definition of ................................... 8.1.4 lnsurancc Companies, Consent to Partial Occupancy ..9.9.1, 1 1.3.11 Decisions of the Architect ...... 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, Insurance Companies, Settlement with ................. 11.3.10 4.3.2, 4.3.6, 4.4.1, 4.4.4, 4.5, 6.3, 7.3.6, 7.3.8, 8.1-3, 8.3.1, 9.2, Intent of the Contract Documents ................ 1.2.3, 3.12.4, 9.4, 9.5.1, 9.8.2, 9.9.1, 10.1.2, 135.2, 14.2.2, 14.2.4 4 .2.6. 4.2.7. 42.12. 4.2.13, 7.4 Decisions to Withhold Certification ......... 9.5,9.7.14.1-1.3 Interest.. 13.6 Defective or Nonconforming Work, Acceptance, " " " " " " " " " " " " " " " " " " " " " " Rejection and Correction of ............ 2.3.2.4, 3.5.1, 4.2.1, interpretation ........ 4.2.6, 4.3.5, 9.5.2, 9.8.2. 9.9.1, 10.2.5, 12, 13.7.1.3 Intcrprctations,Written .................. 4.2.11,4.2.12.4.3.7 Defective Work, Definition of ......................... 3.5.1 Joinder and Consolidation of Claims Required ............. 4.5.6 Dcfrnitions...... 1.1.2.1.1,3.1,3. 5.1,3.12.1.3.12.2,3.12.3,4.1.1, Judgment on Final Award ................ 4.3.1. 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3.6, 8.1.9.1, 9.8.1 Labor and Materials, Equipment .... 1.1.3, 1.1.6.3.4, 3.5.1.3.8.2, Delays and Extensions of Time .......... 4.3.1, 4.3.8.1, 4.3.8.2, 1.12.2, 3.12.3, 3.12.7, 3.12-11, 3.13. 3.15.1, 6.1.1, 6.2.3, 7.2.1, 7.3.1, 7.3.4, 7.3.5. 7.3.8. 4.2.7, 6.2.1. 7.3.6.9.3.2, 9.3-3. 12.2.4, 14 7.3.9, 8.1.1, 8.3, 10.3.1, 14.1.1.4 Ubor Disputes .................. ....... ... .. 8.3.1 Disputes ... .. . 4.1.4.4-3,4.4,4.5,61.5,6.1. 7.i.H.9.3.1.2 Laws and Regulations .... 1.3, 3.6, 3.7, 3.13.4.1.1, 4.5.5, 4.5.7, Documents and Sampics at the Site ...................... 3.11 9.9.1, 10.2.2, 11.1, 11.3, 13.1, 13.4, 13.5.1. 13.5.21 11.6 Drawings, Definition of 1.1.5 Licns .................. 2.1.2, 4.3.2, 4.1.5.1.8.2.2, 9.3.3, 9.10.2 Drawings and Specifications, Usc and Ownership of..... 1.1.1, i.i, Limitation on Consolidation or Joinder ..... 4.5.5 0 2.2.5, 3.11, 5.3 Limitations, 5tatuicsof ................... 4.5.4.2, 12.2.6, 13.7 Duty to Review Contract Documents and Ficid Conditions ..... 3.2 Limitations of Authority .................... 3.3J, 4.1.2.4.2. 1. Effective Datc of lnsurancc ...................... H.2.2, l 1.1.2 4.2.1, 4.2.7, 4.2.10, 5.2.2, 5.2.4. 7.4, 11-3. 10 AIA DOCUMENT A201 • GENERAL CONDiTIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA • 019R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AN'ENt:E, N.W., %X'ASHINGTON.1).C. 2nXXK, A201.1987 3 Limitations orl_1ability ..... 2.3, 3.2.1, 3.5.1, 3.7.3, 3.12.8, 3.12.11, Owner's Right to Perform Construction and to 3.17, 3.18, 4.2.6,.4.2.7, 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.10.4, Award Separate Contracts ......................... 6.1 10.1.4, 102.5, 11.12, 11.2.1, 11.3.7, 13.4.2, 13.5.2 Owner's Right to Stop the Work ................... 2.3.4.3.7 1Jmitations of Time, General ..... , , 2.2.1, 22.4, 32.1, 3.7,3, Owner's Right to Suspend the Work ..................... 143 Owner's Right to Terminate the Contract ................. 3.8.2, 3.10, 3.12.5, 3.15.1, 4.2.1, 42.7, 4.2.11, 4.3.2, Ownership and Use of Architect's Drawings, Speeffications 43.3, 4.3.4,4.3.6, 4.3.9, 4.5.42, 5.2.1, 52.3, 6.2.4, 7.3.4, 7.4, and Other Documents ................ 1.1.1,1.3,2.2-5.5.3 8.2, 9.5, 9.6.2, 9.8, 9.9, 9.10, 11.1.3, 11.3.1. 11.3.2, 11.3.5, 11.3.6, 12.2.1, 1222, 13.5, 13.7 Partial Occupancy or Use ................. 9.6.6, 9.9, 113.11 Limiutitxls or Time, Specific 1111..... 2.1.2, 2 212, 2.4, 13.5 13 7 Patching, Cutting and .......................... 3.14, 6.2.6 Patents, Royalties and . 3.17 3.15.1, 42.1, 4.2.11, 4.3, 4.4, 4.5, 5.3. 5.4, 73.5, 7.3.9. 8.2, Payment, Applications for ................ 42.5.9.2.9.3, 9.4. 9 . 2,9 .3. 1, 9.3. 3,9.4.1,9.6.1,9.7,9.8.2,9.10.2, 11.1.3, 11.3.6, 9. 5.1,9.8.3,9.10.1,9.10.3.9.10.4, 14.2.4 11.3.10, 11.3.11, 12.2.2, 121.4, 12.2.6, 13.7, 14 Payment, Cartttiates for ........... 4.2-5,4-2.9.9.3-3.9.4,9.5. Loss of Use Insurance . 11.3.3 9.6.1, 9.6.6, 9.7.1, 9.8.3, 9.10.1, 9.10.3, 13.7. 14.1.13, 142.4 Material Suppliers .............. 1.3.1, 3.12.1, 4.2.4, 4.2.6, 5.2. 1. Payment, Failure of ............. 4.3.7.9.5.1.3, 9.3-1. 9.3.1.2. 9.3.3. 9.4.2. 9.6.5, 9.10.4 9.7. 9.10.2. 14.1.1.3, 142.12 Materials, Hazardous ......... 10.1, 10.2.4 Payment, Final ............ 4.2.1, 4.2.9.4-3.2.4.3.5,9.10.11.1.2. Materials, Labor, Equipment and ..... 1.1.3. 1.1.6.3.4, 3.5.1.3.82, 11.13. 11.3.5. 12.3.1 3.12.2, 3.12.3, 3.12.7, 3.12.11, 3.13, 3.15.1, 4.2.7, 6.2.1, Payment Bond, Performance Bond and .............. 7.3.6.4. 7.3.6, 9.3.2, 9.3.3. 12.2.4. 14 9.10.3. 11.3.9,11.4 Mans, Methods, Techniques, Sequences and Payments, Progress ................. 4.3-4.9.3.9.6. Procedures or Construction .......... 3.3-1.4.2.3,4.2.7,9.4.2 9.8.3.9.10.3. 13.6. 14.2.3 Minor Changes to the Work .......... 1.1.1, 42.8, 4.3.7, 7.1, 7.4 PAYMENTS AND COMPLETION . 9,14 MISCELLANEOUS PROVISIONS ....................... 13 Payments to Subcontractors .................... 5.42, 9.5.13. Modifications, Definition of .............. ............. 1.1.1 9.6.2, 9.6.3, 9.6.4, 113.8, 14.2.12 Modifications to the Contract ..... 1.1.1, 1.1 .2. 3.7.3.3.11. PCB ... . 10.1 . 4.12 52.3 8.3-1, Performance .1, 9.7 Performae Bond and Payment Bond................. 7.3.6.4. Mutual Responsibility . 6.2 9.103, 11.3.9. 11 A Nonconforming Work, Acceptance o! 1111 .............. 12.3 Permits, Fees and Notices ....... 2.2.3,3.7.3.13,7.3.6.4,10.2-2 Nonconforming Work, Rejection and Correction of ........ 2.3.1. PERSONS AND PROPERTY PROTECTION OF ............ 10 4.3.5, 9.5.2, 9.8.2, 12, 13.7.1.3 Polychlorinated Biphenyl ............................. 10.1 Notice..,- •:........ 2.3,2.4,3.2.1,3.2.2,3.7-3,3.7.4,3.9,3.12.8, Product Data, Definition or ........................... 3.122 3.12.9, 3.17, 4.3, 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.22.9.4.1, Product Data and Samples, Shop Drawings .... 3.11, 3.12, 42.7 9.5.1, 9.6.1, 9.7, 9.10, 10.1.2, 10.2.6, 11.1.3, 11.3, 12.2.2, Progress and Completion ................... 4.22, 4.3.4 62 , 12.2.4, 13.3, 13.5.1. 13.5.2, 14 "Progress Payments ............................ 4.3-4.9.3. Notice, Written ............... 2.3.2.4, 3.9, 3.12.8, 3.12.9, 4.3, 9.6, 9.8.3.9.10.3. 13.6, 1 4.2.3 4.4.4, 4.5, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4.1, 9.5.1, 9.7, 9.10. Project, Definition of the.. ....................... 1.1.4 10.1.2, 10.2.6, 11.1.3, 11.3, 122.2, 12.2.4, 13.3, 13.5.2, 14 Project Manual, Definition of the ........... 1.1.7 Notice or Testing and Inspections ................ 13.5.1, 13.5.2 Project Manuals .... ............................... . 22.5 Notice to Proceed ................................... 8.2.2 Project Representatives ............................ 4.2.10 Notices, Permits, Fees and ...... 2.2.3, 3.7, 4.13, 7.1.6.4, 10.2.2 Property Insurance ..... 102.5.11.3 Observations, Architect's On-Site ... ... . 4.2.2,4.2-5. PROTECTION OF PERSONS AND PROPERTY ............. 10 4.1.6, 9.4.2, 9.5.1.9.10.1. 13.5 Rcgutations and Laws ............ 1.3.3.6.3.7.3.13.4.1.1. 4.5-5. Observations, Contractor's ....................... 12.2,3.2.2 4.5.7, 10.2.2, 11.1, 11.3, 13.1, 13.4. 13.5.1. 13.5.2, 13.6, 14 Occupancy ......................... 9.6.6.9.8.1,9.9.11.3.11 Rejection or Work ......................... 3.5.1.4.2.6,122 On•Sitc Inspections by the Architect .......... 4.22, 42.9, 4.3.6, Releases or Waivers and Liens ............... . .. . 9.101 9.4.2, 9.8.2, 9.9.2, 930.1 Representations ..... ..... .. ... 1.2-2,3.5.1.3-12.7. On•Sitc Obser%7tions by the Architect . 6.2.2,6.2.i.9..4-3.9.4.2.9.5.1.9.8 1111 4.2.24.2. 4.3.6 � } 5. 9.4.2, 9.5.1, 9.10.1. 13.5 Representatives ............ .. ... ..... 2.1.1.4.1.1.3.9. Ordcrs, written ............ 2.3, 3.9, 4.3.7,7,8.2.2,11-3.9,12. 1, 4.1.1, 4.2.1, 4.2.10, 5.1.1. 5.1.2, 13.2.1 12.1. 13.5.2, 14.3.1 Resolution of Claims and Disputes .................. 4.4, 4.5 OWNER . . ......... .. ..................... 2 Responsibility for Those Performing the Work ... .. 3.3.2. Owner, Definition or . 2.1 4.23, 6.1.3, 6.2. 10 Rctainagc ............... 9.3-1.9.6.2.9-8-3.9.9.1.9.10.2.9. 10.3 Owner, Information and Services Required of the........ 2.1.2 Review of Contract Documents and Field 2.2, 4.4.4, 6, 9, 10.1.4. 11.2, 1 1.3, 13.5.1, 14.1.1.5, 14.1.3 Conditions by Contractor ............ 1.2.2,3.2. 1.7.3.3.12.7 Owner's Authority ........ , 3.8.1,4.1 i,d2.9.5.2.1.5.2.4.5.4.5, Review of Contractor's Submittals by 7.3.1, 8.2.2, 9.3.1, 9.3.2, 11.4.1, 12.1.4, 13.52, 14.2, 14 3.1 Owner and Architect . 3.10.1, 3.10.2.3.11, 3.12,. Owncr's Financial Capabilit} .................... 2.2.1, 14.1.1.5 4.2.7, 4.2.9, 5.2.1, 5.2.4. 9.2, 9.8.2 Owner's Liability insurance .......................... 11.2 Revicw of Shop Drawings, Product Data Owner's Loss or lisp Insurance ....................... 11 -3.3 and Samples by Contactor ... . ... ................. 3.12.5 Owner's R62tionship with Subcontractors . . 1.1.2, Rights and Remedies . • .• • .1.12, 5.1.1, 5.4.1, 9.6.4 4.2.6, 4.3.6, 4.5, 5. A. 6.1. 6.3. 7.3.1. 8.3-1. 9.5-1. 9.7. 10.2.5, Owner's Right to Carry Out the Work ........ 2.4, 12.2.4. l 1.2.2.2 10.3. 12?.2. 12.2-4,13.4, 14 Owner's Right to Clean Up ............................ 6.3 Royalties and Patents ............................... 3.17 AIA DOCUMENT A201 - GENERAL CONT)IT10NS OF THE CONTRACT FOR CONSTRUCTION - FOCRTEEn711 EDITION 4 A201 -1987 AIAC - kEj 1997 TI IE Ar1F.R1CAN INSTiTITE OF AR('ii1TE(a'S. 1735 NEU' 1'ORK AVENUE. N.)t'., %X'ASIIiNGTON. U.C. 2txxK, Rules and Notices for Arbitration ..................... 4.5.2 Suspension by the Owner for Convenience ............. 14.3 Safety of Persons and Property .................... . . . 10.2 Suspension of the Work ....... 4.3.7, 5.4.2, 14.1.1.4, 14.3 Safety Precautions and Programs ........... 4.2-3.4.2-7,10.1 Sus ion or 7 Suspension Termination of the Contras ...... 4.3.7.5-4.1.1, Samples, Definition of .... 3. 12.3 Taxes 3.6, 7 . 7 14 .3.6.4 Samples, Shop Drawings, Product Data and ... 3.11.3.12, 42.7 Termination by the Contractor ........................ 36 ...... 14.1 Samples at the Site, Documents and ............ 3.11 Termination by the Owner for Cauas ............. 5.4.1.1,14.2 Schedule of Values ............................. 9.2, 9.3.1 Termination of the Architect ............... 4.1,3 Schedules, Construction .. 3.10 Termination of the Contractor . . . . . . . . . . ' 142.2 Separate Contracts and Contractors .......... .. . 1.1.4, 3.142, 42.4, TERMINATION OR SUSPENSION OF THE CONTRACT . 14 4.5.56,11.3.7. Shop Drawings, Definition of ... . • • 12.1.2, 12.2.5 Tests and Inspections ..... 3.3.3, 4.2.6, 4.2.9, 9.4.2. 122.1,13.5 Shop Drawings, Product Data and Sam 3.12.1 TIME .. ...tens ... ................ . 1 .. , 13 Site, Use of .. ............ p 3.I I, 3.12, 4.2.7 Time, Decays lays and Extensions of .............. 4.3.83.8, 72.,1!.3 3.13, 6.1.1, 62.1 Time Limits Specific ......... 2.1.2,2.2.1.2.4.3-10.3.11,3.15.1, Site Inspections ... 4.2.1, 4.2.11, 4.3, 4.4, 4.5, 5.3, 5.4, 7.3.5, 7.3.9, 8.2, 92, 9.3.1, Site Visits, Architect's ................. 4.2.2, 4.2.5, 4.2.9, 4.3.6, 9.3.3, 9.4.1, 9.6.1, 9.7, 9.82, 9.10.2, 1 1.1.3, 1 1.3.6 11..1 3 0, 9.4.2, 9.5.1, 9.82, 9.9.2, 9.10.1, 13.5 11.3.11, 12.2.2, 122.4, 122.6, 13.7 14 Special Pc Inspections and Toting .............. 42.6, 12.2.1,13.5 Time Lhnits on Claims ......... 4.32, 4.3.3, 4.3.6, 4.3.9, 4.4, 4.5 Specification*, Definition of the ........... .... • 1.1.6 Tit lc to Work 93.2.93.3 Spectftcations, The . 1.1.1,1.1.6, 1.1.7,12.4, 1.3, 3.11 UNCOVERING AND CORRECTION OF WORK • • 12 Statutes of Limitations ........... • 4.5.4.2, 12.2.6, 13.7 Uncovering of Work ........... ..........•.•.•.�.•..•..�.•.•.• 12.1 Stopping the Work....... . 2.3, 43.7, 9.7, 10.1.2, 10.3, 14.1 Unforeseen Conditions . 4.3.6, 83.1. 10.1 Stored Materials ........... ...... Unit Prices . ..... 7.1.4 n ....................�...... ,7.332 Subcontractor, Definition of............ 5.1.1 Use of Documents . 1.1.1, 1.3, 2.2.5. 3.12.7. 5.3 SUBCONTRACTORS . 5 Use of Site 3.13, 6.1.1,62.1 ............................... Subcontractors, Work by .................. 12.4, 3.3.2, 3.12.1, Values, Schedule of ..................... 9.2 9. 4.2.3. 5.3, 5.4 Waiver of Claims: Final Payment ........... 4.3.5, 4.5.1 1 , , 9..1 1 Subcontractuai Relations .............. 5.3, 5.4, 9.3.12, 9.62, waiver of Claims by the Architect............ .. .... 13. 9.6. .6.4 3, 9 10.2.1 11 .3.7 t l..8 14.1.1 4. 3 1 2.12 • , 14.3.2 Waiver of Claims by the Contractor......... 9.10.4,113.7.13.42 Submittals ......... 1.3, 3.2.3, 3.10, 3.11, 3.12, 4.2.7.52.1, 5.2.3. Waiver of Claims by the Owner .............. 4.3.5.4-5-1.9.93. 7.3.6, 9.2. 9.3.1, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 10.1.2, 11.1.3 9.10.3, 11.3.3. 113.5. 113.7. 13.42 Subrogation, Waivers of .............. 6.1.1,11.3.5,11.3.7 Waiver or Liens.. 9.10.2 Substantial Completion ............. 4.2.9, 4.3.52, 8.1.1, 8.1.3. W ofSubrogation ................... 6.1.1,11.3-5.11.3.7 8.2.3, 9.8, 9.9.1, 122.1, 1222, 13.7 Warranty and Warranties . .. . • ...... 3.5, 42.9, Substantial Completion, Definition of.... ...... ........ 3•• 9.8,1 4. .5 3 4. . 3.3,9 .8.2 ,99 . I 12.22 , 13.7.1.3 Substitution of Subcontractors .................... 5.2.3, 5.2.4 Weather Delays ........... � ..... • 4.3.8.2 Substitution of the Architect ........................... 4.1.3 When Arbitration May Be Demanded ...... 4.5.4 Substitutions orM2teri21S ............................. 3.5.1 Work, Definition of . 1.1 3 Sub - subcontractor, Definition of ....................... 5.12 Written Consent . 1.3.1, 3.12.8, 3.14.2, 4.12, 4.3.4, Subsurface Conditions .... 4.3.6 4.5.5, 9.3.2, 9.8.2, 9.9.1. 9.10.2, 9.10.3, 10.12, 10.1.3, Successors and Assigns ...................... 13,2 11.3.1, 11-3.1-4. 11.3.17. 13.2, 13.4.2 Superintendent ............................... ... .......... 3.9, 10.2.6 Written Intc rct2t ions ......... ri'� 4.2.11,4.2-12 Supervision and Construction Procedures ...... 1.2.4 3.3 .4 Written N otic e 3 N e .. 2.3.2.4. 3.9.3-12-8.3-12-9.4.3.4.4.4. 4.2.3. 4.3.4, 6.1.3. 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 10, 12, 14 4.5, 5.2.1, 5.3, 5.4.1 .I, 8.2.2, 9.4.1. 9.5.1, 9.7, 9.10, 10.1.2, Surcty ............... 4.4.1, 4.4.4, 5.4.1.2, 9.10.2, 9.10.3, 14.2.2 10.2.6, 11.1.3, 1 1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14 Surety, Consent of ....................... 9.9.1,9.10.2.9-10.3 Written Orders .. 2.3.3-9.4.3.7. Surveys ...... ............................... 2.22, 3.18.3 7, 822, 11.3.9, 12.1, 122. 13.52, 14.3.1 AiA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AiA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 2arxXl A201 -1 987 5 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 meet, construction systems, standards and workmanship for the Work, and performance of related services. GENERAL PROVISIONS 1.1.7 THE PROJECT MANUAL 1.1 BASIC DEFINITIONS The Project Manual is the volume usually assembled for the Work which may include the bidding requirements, sample 1.1.1 THE CONTRACT DOCUMENTS forms, Conditions of the Contract and Specifications. The Contract Documents consist of the Agreement between 1.2 EXECUTION, CORRELATION AND INTENT Owner and Contractor (hereinafter the Agreement), Conditioru of the Contract (General, Supplementary and other Conditions), 1.2.1 The Contract Documents shall be signed by the Owner Drawings, Specifications, addenda Issued prior to execution of and Contractor as provided in the Agreement. if either the the Contract, other documents listed in the Agme rent and Owner or Contractor or both do not sign all the Contract Modifications issued after execution of the Contract. A Modifi- Documents, the Architect shall Identify such unsigned Docu- ation is (1) a written amendment to the Contract signed by ments upon request. both parties, (2) a Change Order, (3) a Construction grange Directive or (4) a written order for a minor change In the Work 1.2.2 Execution of the Contract by the Contractor Is a itpre- issued by the Architect. Unless specifically enumerated in the scnudon that the Contractor has visited the site, become famil- Agreement, the Contract Documents do not Include other iar with local conditions under which the Work is to be per - documents such as bidding requirements (advertisement or formed and correlated personal observations with require - invitation to bid, instructions to Bidders, sample forms, the ments of the Contract Documents. Contractor's bid or portions of addenda relating to bidding requirements). 1.2.3 The intent of the Contract Documents is to Include all 1.1.2 THE CONTRACT items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are comple- The Contract Documents form the Contract for Construction. menury, and what is required by one shall be as binding as If The Contract represents the entire and integrated agreement required by all; performance by the Contractor shall be between the parties hereto and supersedes prior negotiations, required only to the extent consistent with the Contract Docu- representations or agreements, either written or oral. The Con- menu and reasonably Inferable from them as being necessary tract may be amended or modified only by a Modification. The to produce the intended results. Contract Documents shall not be construed to create a contrac- 1.2.4 Organization of the Specifications into divisions, sections teal relationship of any kind n r and a the Architect and Con- end articles, and arrangement of Drawings shall not control the tractor, (2} between the Owner and a Subcontractor or Sub- Contactor In dividing the Work among Subcontractors or in subcontractor or (3) t awcrn any persons t entities other than e - the Owner and Contactor. The Architect shall, however, be establishing the extent of Work to be performed by any trade. entitled to performance and enforcement of obligations under 1,2,5 Unless otherwise stated In the Contract Documents, the Contract intended to facilltate performance of the words which have well -known technical or construction Indus- Architect's duties. try meanings arc used in the Contract Documents in accord- 1.1.3 THE WORK ante with such recognized meanings. The term "Work" means the construction and services 1.3 OWNERSHIP AND USE OF ARCHITECT'S required by the Contract Documents, whether completed or DRAWINGS, SPECIFICATIONS AND OTHER panlally completed, and includes all other labor, materials, DOCUMENTS equipment and services provided or to be provided by the 1.3.1 Thc Drawings, Spcclfications and other documents Contractor to fulfill the Contractor's obligations. The Work prepared by the Architect arc instruments of the Architect's may constitute the whole or a part of the Project. service through which the Work to be executed by the Con - 1.1.4 THE PROJECT tactor- is described. The Contractor may retain one contract The Project is the total construction of which the Work per- record set. Neither the Contractor nor any Subcontractor, Sub - formed under the Contract Documents may be the whole or a subcontractor or material or equipment supplier shall own or pan and which may Include construction by the Owner or by claim a copyright in the Drawings, Specifications and other scpaate contractors. documents prepared by the Architect, and unless otherwise indicsted the Architect shall be deemed the author of than and 1.1.5 THE DRAWINGS will retain all common law, statutory and other reserved rights, The Drawings are the graphic and pictorial portions of the Con- in addition to the copyright. All copies of them, accept the tract Documents, wherever located and whenever issued, Contractor's record set, shall be returned or suitably accounted showing the design, location and dimensions of the Work, for to the Architect, on request, upon completion of the Work. generally including plans, elevations, sections, details, sched- The Drawings, Specifications and other documents prepared ulcs and diagrams. by the Architect, and topics thereof furnished to the Contnc- 1.1.6 THE SPECIFICATIONS tor, arc for use solely with respect to this Project. They arc not to be used by the Contractor or any Subcontractor, Sub- The Specifications arc that portion of the Contract Documents subcontractor or material or equipment supplier on other proj- consisting of the written requirements for materials, equip- ects or for additions to this Project outside the scope of the AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 6 A201 -1987 AIA• - ®1997 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.w., WASHINGTON, D.C.20006 Work without the specific written consent of the Owner and ments and charges required for construction, use or occupan Architect. The Contractor, Subcontractors, Sub-subcontractors of permanent structures or for permanent changes in exist' and material or equipment suppliers arc granted a limited facilities. license to use and reproduce applicable portions of the Draw- ings, Specifications and other documents prepared by the 2.2.4 Information or services under the ORmcr's control shall Architect appropriate to and for use in the execution of their be furnished by the Owner with reasonable promptness to Work under the Contract Documents. All copies made under avoid delay in orderly progress of the Work. this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents 2.2.5 Unless otherwise provided in the Contract Documents, prepared by the Architect. Submittal or distribution to meet the Contractor will be fumishcd, free of charge, such copies of official regulatory requirements or for other purposes in con- Drawings and Project Manuals as are reasonably necessary for nection with this Project is not to be construed as publication execution of the Work. in derogation of the Architect's copyright or other reserved 2,2,6 The foregoing arc in addition to other duties and respon- sibilitics of the Owner enumerated herein and especially those 1.4 CAPITALIZATION in respect to Article 6 (Construction by Owner or by Separate 1.4.1 Terms capitalized In these General Conditions include Contractors), Article 9 (Payments and Completion) and Article those which arc (1) specifically defined, (2) the titles of num- I I (insurance and Bonds). bared articles and identified references to Paragraphs, Subpara- 2.3 OWNER'S RIGHT TO STOP THE WORK graphs and Clauses in the document or (3) the titles of other 2,3.1 If the Contractor fails to correct Work which is not in documents published by the American institute of Architects. accordance with the requirements of the Contract Documents 1.5 INTERPRETATION as required by Paragraph 122 or persistently fails to carry out 1.5.1 In the Interest of brevity the Contract Documents frc- Work In accordance with the Contract Documents, the Owner, quently omit modifying words such as "all" and "any" and mu- by written order signed personally or by an agent specifically so cles such as "the" and "an," but the fact that a modifier or an empowered by the Owner in writing, may order the Contrac- article Is absent from one statement and appears in another is for to stop the Work, or any portion thereof, until the cause for not intended to affect the Interpretation of either statement. such order has been eliminated; however, the right of the Owner to stop the Work "I not give rise to a duty on the part of the ARTICLE 2 tractor ore to case this right for the benefit of the Con- y other person or entity, except to the extent required by Subparagraph 6.1.3• OWNER 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 21 DEFINITION 2.4.1 If the Contractor defaults or lects to ncg carry out the 2.1.1 The Owner is the person or entity identified as such in Work in accordance with the Contract Documents and f2M the c Agr cmcnt and Is referred to throughout the Contract within a seven -day period after receipt of written notice from Documents as if singular in number. The term "Owner" means the Owner to commence and continue correction of such the Owner or the Owncr's authorized representative, dcfault or neglect with diligence and promptness, the Owner may 2.1.2 The Owner upon reasonable written request shall furnish written notice to correct such dcficicn ' in a second to the Contractor in writing information which is necessary and seven -day period. If the within such second seven - relevant for the Contractor to evaluate, give notice of or day period cipt of such second notice fails to corn - enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on = without prejudice to other remedies the Owner may which the Project is located, usually referred to as the site, and have, correct such deficiencies. In such case an appropriate the Owner's interest therein at the time of execution of the Change Order shall be issued deducting from payments then or Agreement and, within five days after any change, information thereafter due the Contractor the cost of correcting such defi- of such change in title, recorded or unrecorded. eicncics, including compensation for the Architect's additional services and expenses made necessary by such dcfault, neglect 2.2 INFORMATION AND SERVICES or failure. Such action by the Owner and amounts charged to REQUIRED OF THE OWNER the Contractor are both subject to prior approval of the Archi- tea. If payments then or thereafter due the Contractor arc not sufi'tcicnt to cover such amounts, the Contractor shall pay the to execution of the Agreement and promptly fro to time difference to rile Owner. thereafter, furnish to the Contractor rc c evidence that financial arrangements have be a to fulfill the Owner's obligations under the ct. (Note. Unless such reasonable ARTICLE 3 evidence u!e Ishcd err request prior to The execution of The nrerrl, 115e prospective contractor would not be CONTRACTOR 3.1 DEFINITION characteristics, is ii i y oc2dons for the site Ask 3,1.1 The Contractor Is the person or entity Identified as in the Agreement and is referred to throughout the Conte 2.2.3 Except for permits and Pecs which arc the responsibility Documents as if singular in number. The term "Contractor" of the Contractor under the Contract Documents, the Owner mans the Contractor or the Contractor's authorized shalt secure and pay for necessary approvals, euemcnts, assess- representative. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIA° - ID 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2tx M A201 -1987 7 3.2 REVIEW OF CONTRACT DOCUMENTS AND 3.5 WARRANTY 0 FIELD CONDITIONS BY CONTRACTOR 3.5.1 The Contractor warrants to the Owner and Architect that 3.2.1 The Contractor shalt carefully study and compare the materials and equipment furnished under the Contract will be Contract Documents with each other and with information of good quality and new unless otherwise required or permit. furnished b the Owner pursuant to Subparagraph 2.2.2 and ted by the Contract Documents, that the Work will be free small at once repo to the Architect errors, inconsistencies or from defects not inherent in the quality required or Permitted, omissions discovered. The Contractor shall not be liable to the and that the Work will conform with the requirements of the Owncr or Architect for damage resulting from errors, inconsis- Contract Documents. Work not conforming to these require - tencics or omissions in the Contract Documents unless the mcnts, including substitutions not properly approved and Contractor recognized such error, Inconsistency or omission authorized, may be considered defective. The Contractor's and knowingly failed to report it to the Architect. If the Con- warranty excludes remedy for damage or defect caused by tractor performs any construction activity knowing it involves abuse, modifications not executed by the Contractor, improper 2 recognized error, Inconsistency or omission in the Contract or Insufficient maintenance, improper operation, or normal Documents without such notice to the Architect, the Contrac- wear and tear under normal usage. If required by the Architect, for shall assume appropriate responsibility for such perfor- the Contractor shall furnish satisfactory evidence as to the kind mance and shall bear an appropriate amount of the attributable and quality of materials and equipment. costs for correction. 3.6 TAXES 3.2.2 The Contractor shall take field measurements and verify 3.6.1 The Contractor shall pay sales, consumer, use and similar field conditions and shall carcfuliy compare such field mca- taxes for the Work or portions thereof provided by the Con - surcmcnts and conditions and other information known to the tractor which are legally enacted when bids are received or Contractor with the Contract Documents before commencing negotiations concluded, whether or not yet effective or merely activities. Errors, inconsistencies or omissions discovered shall scheduled to go into effect. be reported to the Architect at once. 3.2.3 The Contractor shall perform the Work in accordance 3.7 PERMITS, FEES AND NOTICES with the Contract Documents and submittals approved pur- 3.7.1 Unless otherwLse provided in the Contract Documents, suant to Paragraph 3.12. the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES necessary for proper execution and completion of the Work 3.3.1 The Contractor shall supervise and direct the Work, 01hich are customarily secured after execution of the Contact using the Contractor's best skill and attention. The Contractor and which are legally required when bids are received or nego- shall be solely responsible for and have control over construe- ti2tions concluded. tion means, methods, techniques, sequences and procedures 3.7.2 The Contractor shall comply with and give notices and for coordinating all portions of the Work under the Con- required by laws, ordinances, rules, regulations and lawful tract, unless Contract Documents give other specific instruc- orders of public authorities bearing on performance of the tions concerning these matters. Work. 3.3.2 The Contractor shall be responsible to the Owner for acts 3.7.3 It is not the Contractor's responsibility to ascertain that and omissions of the Contractor's employees, Subcontractors the Contract Documents are in accordance with applicable and their agents and employees, and other persons performing laws, statutes, ordinances, building codes, and rules and regula- portions of the Work tions. However, if the Contractor observes that portions of the C'L r ►►o✓l ,cacP. Contract act Documents are at variance therewith the Contractor 3.3.3 � � nt The Contractor shall n t be relieve of obligations to per- shall promptly notify the Architect and Owner in writing, and form the Work in accordance with the Contract Documents necessary changes shall be accomplished by appropriate either by activities or duties of the Architect in the Archiicci's Modification. administration of the Contract, or by tests, Inspections or approvals required or performed by persons other than the 3.7.4 if the Contractor performs Work knowing it to be con - Contractor. trary to laws, statutes, ordinances, building codes, and rules and 3.3.4 The Contractor shall be responsible for inspection of por- regulations without such notice to the Architect and Owner, tions of Work already performed under this Contract to deter- the Contractor shall assume full responsibility for such Work mine that such portions are in proper condition to receive sub- and shall bear the attributable costs. sequent Work. 3.8 ALLOWANCES 3.4 LABOR AND MATERIALS 3.8.1 The Contractor shall include in the Contract Sum 211 3.4.1 Unless otherwise provided in the Contract Documents, 211OW2nces stated in the Contract Documents. Items covered materials, equip- by allowances shall be supplied for such amounts and by such the Contractor shall provide and pay for labor, meat, tools, construction equipment and machinery, water, persons or entities as the Owner may direct, but the Contractor hat, utilities, transportation, and other facilities and services shall not be required to employ persons or entities against necessary for proper execution and completion of the Work, which the Contractor makes reasonable objection. whether temporary or permanent and whether or not incorpo- 3.8.2 Unless otherwise provided in the Contract Documents: rated or to be incorporated in the Work. .1 materials and equipment under an allowance shall be 3.4.2 The Contractor shall enforce strict discipline and good selected promptly by the owner to avoid delay in the order among the Contractor's employees and other persons Work; carrying out the Contract. The Contractor shall not permit .2 allowances shall cover the cost to the Contractor of employment of unfit persons or persons not skilled in tasks materials and equipment delivered at the site and 211 assigned to them. required taxes, less 2pplic2ble trade discounts; AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 8 A201-1987 AIA° • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. WASHINGTON, D.G. 20006 .3 Contractor's costs for unloading and handling at the which submittals arc required the way the Contractor pro site, labor, Installation costs, overhead, profit and to conform to the Information S given and the r c dcsi n o t he expenses contemplated for stated allowance expressed in the Contract Documents. Review by the Archittect amounts shall be Included In the Contract Sum and Is subject to the limitations of Subparagraph 4.2.7. not in the allowances; .4 whenever costs are more than or less than allowances, 3.12.5 The Contractor shall review, approve and submit to the the Contract Sum shall be adjusted accordingly by Architect Shop Drawings, Product Data, Samples and similar ge Order. The amount of the Change Order shall submittals required by the Contract Documents with reason - Chan Chan1 t able r (j he difference between actual costs and the P o and ti such sequence n to cause no delay In allowances under Clause 3.8,2,2 and (2) changes in the Work k or or In In the activities of the Owner or or separate con.; , tractors. Submittals made by the Contractor which are not Contractor's casts under Clause S and ( required by the Contract Documents may be returned without 3.9 SUPERINTENDENT action. 3.9.1 The Contractor shall crtl 1 P tent oy a Competent Pe en den supenn 3.12.6 t and The Contractor net ece swT assistants who shall be in attendance at the an shall review no portion g the Work Project site during performance of the Work. The su requiring submittal and review of Shop Drawings, Product dent shall represent the Contractor, and communications raven Data, Samples or similar submittals the rch until the respective shall b In W has been approved ve the Architect. Such Work shall be in to the superintendent shall be as binding as if given to the Con. tractor. Important communications shall be confirmed in writ- accordance with approved submittals. Ing. Other communications shall be similarly confirmed on 3.1 2.7 B approving *, y ro rn and submitting written request In each case. PP 8 cling Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES that the Contractor has determined and verified materials, treld 3.10.1 The Contractor mcasurements and field construction criteria related thereto, or promptly after being awarded the Con- will do so, and has checked and coordinated the in formation tract, shalt prepare and submit for the Owner's and Architect's Information a Contract contained within such submittals with the requirements ors co ents nstruct3 of on sche req the current under the Work and of the Contract Documents, The schedule shall not exceed time limits Contract Documents, shall be revised at appropriate intervals as 3.12.8 The Contractor stull not be relieved of responsibility required by the conditions of the Work and Project, shall be for deviations from requirements of the Contract Documents related to the entire Project to the extent required by the Con- by the Architea's approval of Shop Drawings, Product Data, tract Documents, and shall provide for expeditious and pncti- Samples or similar submittals unless the Contractor has cable execution of the Work. specifically informed the Architect in writing of such deviation 3.10.2 at the time of submittal The Cont ttz1 and Contractor shall prepare and keep current, for the the Architect has given written Architect's approval, a schedule of submittals which approval to the spedfic deviation. The Contractor shalt not be n2tcd h is coordi- relieved of responsibility for errors or omissions In Shop Draw - Architect's with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. tags Product Data, Samples or similar submittals by the Artdli- lca'S approval IhCfCO( 3.10.3 The C_ ontnaor shall conform to the most recent schcduks: " 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or 3.11 DOCUMENTS AND SAMPLES A7 THE SITE similar submittals, to revisions other than those requested by 3.11.1 The Contractor shall maintain at the site for the Owner the Architect on previous submittals. one record copy of the Drawings, Specifications, addenda, 3.12,10 Informational submittals upon which the Architect is Change Orders and other Modifications, in good order and not expected to take responsive action may be so identified In marked currently to record changes and selections made during the Contract Documents. construction, and in addition approved Shop Drawings, P 8s. uct Data, Samples and simUar required submit 3.12.11 When professional certification f submittals. These o norm ese ante shall Pc criteria be available to the Architect and shall be delivered to the Archi- D materials, systems ocuments, the Architt equipment is required by the Contract tett for submittal to the Owner upon completion of the Work. Dect shall be entitled to rely upon the accuracy and completeness of such calculations and ccrtlfi- 3.12 SHOP QRAWiNGS, PRODUCT DATA AND SAMPLES cations. 3.12.1 Shop Drawings are drawings, diagrams, schedules and 3.13 USE OF SITE other data s ciali rc arcd for t Ix ) P P o he Work b the Contractor , a Subcontractor, Sub - subcontractor, manufacturer, supplier or 3.13.1 The Contractor shall confine operations at the site to distributor to illustrate some portion of the Work. arras permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with 3.12.2 Product Data are Illustrations, standard schedules, per- materials or equipment. forrnance charts, instructions, brochures, diagrams and other 3.14 CUTTING AND PATCHING Information furnished by the Contractor to Illustrate materials or equipment for some portion of the Work. 3.14.1 The Contractor shall be responsible for cutting, fitting or patching Prop cquircd to complete the Work or to make its parts 3.12.3 Samples are physical examples which illustrate fit together rnateria Is c u' , q ipmcnt or workmanship 8 by which the Work will be judged. P and establish standards 3.14.2 The Contractor shall not damage or endanger a portion of the Work or full) or partially completed construction of the 0 3.12.4 Shop Dra wings, Product Mta, Samples and similar sub- Owner or separate contractors by cutting, patching or othcr- mittalS arc not Contract Documents. The purpose of their sub- wise altering such construction mittal is to demons ,orb • excavation. The Contrac- ratc for th ) USe portions of the Work for for shall not cut or othcrw•i x alter such construction by the AiA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEEN EDITION AiAg • 01987 THE AMERICAN INSTITUTE OFARCHITECTS, 173S NEV' YORK AVENUE, N.W., Vt ASHINGTON, D.C. 2(11X)(, A201 -1987 9 Owner or a Separate contractor except with written consent of tcct's consultants, and agents and employees of any of them the Owner and of such separate contractor; such consent shall arising out of (I) the preparation or approval of maps, drawings, not be unreasonably withheld. The Contractor shall not unrca- opinions, reports, surveys, Change Orders, designs or specifica- sonably withhold from the Owner or a separate contractor the tions, or (2) the giving or or the failure to give directions or Contractor's consent to cutting or otherwise altering the Work. instructions by the Architect, the Architect's consultants, and 3.15 CLEANING UP,, � �a agents and employees of any of them provided such giving or o" a. ' ° o ` failure to give is the primary cruse of the injury or damage. 3.15.1 Thc Contractor sha4ecp the premises and surround- ing sect free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the ARTICLE 4 Work the Contractor shall remove from and about the Project - w+aste materials rubbish the Contractor's tools, construction ADMINISTRATION OF THE CONTRACT equipment, machinery and surplus materials. 4.1 ARCHITECT 3.15.2 If the Contractor fails to clans up as provided in the 4,1.1 The Architect is the person lawfully licensed to practice Contract Documents, the Owner may do so and the cost architecture or an entity lawfully practicing architecture kkn- thereof shall be charged to the Contactor. tified as such in the Agreement and is referred to throughout 3.16 ACCESS TO WORK the Contract Documents as If singular in number. The term 3.16.1 The Contractor shalt provide the Owner and Architect "Architect" means the Architect or the Architect's authorized access to the Work in preparation and progress wherever representative. looted- 4.12 Duties, responsibilities and limiutions of authority of the 3.17 ROYALTIES AND PATENTS Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the 3.17.1 The Contractor shall pay all royalties and license fees. Owner, Contractor and Architect. Consent shall not be unrca- The Contractor shall defend suits or claims for infringement of sonably withheld. patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for 4.1.3 In Case of termination of employment of the Architect, such defense or loss when a particular design, process or prod- the Owner shall appoint an architect against whom the Con - uct of a particular manufacturer or manufacturers is required by tractor makes no reasonable objection and whose status under the Contract Documents. However, if the Contractor has rca- the Contract Documents shall be that of the former architect. son to believe that the required design, process or product is an 4.1.4 Disputes arising tinder Subparagraphs 4.12 and 4.1.3 infringement of a patent, the Contractor shall be responsible for shall be subject to arbitration. such loss unless such information is promptly furnished to the Architect. 42 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 3.18 INDEMNIFICATION 4.2.1 The Architect will provide administration of the Contract 3.18.1 To the fullest extent permitted by law, the Contractor as described In the Contract Documents, and will be the shall indemnify and hold harmless the Owner, Architect, Archi- Owner's representative (1) during construction, (2) until foul tcct's consultants, and agents and employees of any of them payment Is due and (3) with the Owner's concurrence, from from and against claims, damages, losses and expenses, Includ• time to time during the correction period described in Paw- ing but not limited to attorneys' fees, arising out of or esulting graph 12.2. The Architect will advise and consult with the from performance of the Work, provided that such claim, dam- Owner. The Architect will have authority to act on behalf of the age, loss or expense is attributable Owner only to the extent provided in the Contract Documents, unless otherwise modified by written Instrument in accordance with other provisions of the Contract. in whole or In pa 4.2.2 The Architect will visit the site at intervals appropriate to negligent acts or omissions of the Contractor, a Subcontractor, hem or anyone for the stage of construction to become generally familiar with the anyone directly or indirectly employed by t rm whether or not progress and quality of the completed Work and to deteine whose was they may be liable, regardless he In general if the Work being performed in a manner such claim, damage, loss or expense is Caused in pan by a party with indemnified hereunder. Such obligation shall not be construed lag that the Work, when n completed, will be in accordance e th with to ncpatc, abridge, or reduce other rights or obligations of the Contract Documents. However, the Architect will not be indemnity which would otherwise exist as to a party or person required to make exhaustive or continuous on -site inspections described in this Paragraph 3.18. to check quality or quantity or the Work. On the basis of on- site observations as an architect, the Architect will keep the 3.18.2 In claims against any person or entity indemnified Owner informed of progress of the Work', and will endeavor to under this Paragraph 3.18 by an employee of the Contractor, a guard the Owner against defects and deficiencies in the Work. Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnifiCa- 4.2.3 The Architect will not have control over or charge of and lion obligation under this Paragraph 3.18 shall not be limited by will not be responsible for construction means, methods, a limitation on amount or type of damages, compensation or techniques, sequences procedures, for safety a these arc benefits payable b}' or for the Contractor or a Subcontractor and programs in connection with the a Work, since these c under workers' or workmen's compensation acts, disability solely the Contractor's responsibility s provided in Paragraph benefit acts or other employee benefit was. 3.3• The Architect will not be responsible for the Contractor's failure to tarty out the Work in accordance with the Contract 3.18.3 The obligations or the Contractor under this Paragraph Documents. The Architect will not have Control over or charge 3.18 shall not extend to the liability of the Architect, the Archi- ; of and will not be responsible for acts or omissions of the Con - AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTR.,CT FOR CONSTRUCTION • FOl'RTEF.NTH EDITION 10 A201 -1987 ALAI' • (E) 14147 TI IE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N cc '., WASHINGTON, D.C.2nc10G tractor, Subcontracora, or their agents or employees, or orany out the Architect's responsibilities at the site. The dui' other persons performing portions of the Work. responsibilities and limitations of authority of such pro 4.2.4 Communications Facilitating Contract Adminlstra- representatives shall be as set forth in an exhibit to be incorpo"'�!' tlon. Except as otherwise provided in the Contract Documents aced in the Contract Documents. or when direct communications have been specially sutho- 4.2.11 The Architect will interpret and decide matters concern - rized, the Owner and Contractor shall endeavor to communi. ing performance under and requirements of the Contract ate through the Architect. Communications by and with the Documents on written request of either the Owner or Contrae- Architea's consultants shall be through the Architect. Commu- tor. The Architect's response to such requests will be made nicstions by and with Subcontractors and material suppliers with reasonable promptness and within any time limits agreed shall be through the Contractor. Communications by and with upon. If no agreement Is made concerning the time within separate contractors shall be through the Owner. which interpretations required of the Architect shall be fur. 4.2.5 Based on the Architect's observations and evaluations of nished In compliance with this Paragraph 4.2, then delay shall the Contractor's Applications for Payment, the Architect will not be recognized on account of failure by the Architect to fur - review and certify the amounts due the Contractor and will nish such interpretations until 15 days after written request is issue Certificates for Payment In such amounts. made for them. 4.2.6 The Architect will have authority to reject Work which 4.2.12 Interpretations and decisions of the Architect will be does not conform to the Contract Documents. Whenever the consistent with the intent of and reasonably Inferable from the Architect considers It necessary or advisable for implementa- Contract Documents and will be In writing or in the form of tion of the intent of the Contract Documents, the Architect will drawings. When making such interpretations and decisions, the have authority to require additional Inspection or testing of the Architect will endeavor to secure faithful performance by both Work In accordance with Subparagraphs 13.5.2 and 13.5.3, Owner and Contractor, will not show partiality to tither and whether or not such Work is fabricated, installed or completed. will not be liable for results of interpretations or decisions so However, neither this authority of the Architect nor a decision rendered in good faith. made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Archi- 4.2.13 The Architect's decisions on matters relating to aesthetic tcct to the Contractor, Subcontractors, material and equipment effect will be final if consistent with the Intent expressed in the suppliers, their agents or employees, or other persons perform- Contract Documents. Ing portions of the Work. 4.2.7 The Architect will review and approve or take other 4.3 CLAIMS AND DISPUTES appropriate action upon the Contractor's submittals such as 4.3.1 Definition. A Claim is a demand or assertion by one Shop Drawings, Product Data and Samples, but only for the the parties seeking, as a matter of right, adjustment or In r*c limited purpose or checking for conformance with information tation or Contract terms, payment of money, extension of time given and the design concept expressed in the Contract Docu- or other relief with respect to the terms of the Contract. The menu. The Architea's action will be taken with such reason- term "Claim" also includes other disputes and matters in ques- able promptness as to cause no delay in the Work or in the tion between the Owner and Contractor arising out of or relat- activities or the Owner, Contractor or separate contractors, ing to the Contract. Claims must be made by written notke. while allowing sufficient time in the Architect's professional The responsibility to substantiate Claims shall rest with the judgment to permit adequate review. Review or such submittals Is making the CLal m Is not conducted for the purpose of determining the accuracy 1 znd completeness of other details such as dimensions and 4.3.2 elsion of Architect. Claims, including those alleging quantities, or for substantiating Instructions for installation or an erro or omission by the Architect, shall be rcrerred initially performance of equipment or systems, all of which remain the to the chitea for action as provided In Paragraph 4.4- *4eei- responsibility of the Contractor as required by the Contract -eiet}4�y the Architect, as provided in Subparagraph 4.4.4, shall Documents. The Architect's review or the Contractor's submit - be required as a condition precedent to arbitration or litigation tals shall not relieve the Contractor of the obligations under of a Claim between the Contractor and Owner as to all such Paragraphs 3.3, 3.5 and 3.12. The Architect's review shall not mattcrs arising prior to the date final payment is duc, regardless constitute approval of sarety precautions or, unless otherwise of(]) whether such matters relate to execution and progress of specifically stated by the Architect, or any construction mans, the Work or (2) the extent to which the Work has been eom- methods, techniques, sequences or procedures. The Architect's pieted. The decision by the Architect in response to a Claim approval of a specific item shall not Indicate approval of an shall-not be a condition precedent to arbitration or litigation in assembly of which the item 15 a component. the event (1) the position orArch]tect is vacant, (2) the Architect 4.2.6 The Architect will prepare Change Orders and Construe- has not received evidence or has failed to render a decision tion Change Directives, and may authorize minor changes in within agreed time limits, (3) the Architect his failed to take the Work as provided in Paragraph 7.4. action required under Subparagraph 4.4.4 within 30 days after the Claim is madc, (4) 45 days have passed after the Claim has 4.2.9 The Architect will conduct inspections to determine the been referred to the Architect or (5) the Claim relates to a date or dates or Substantial Completion and the date or final mechanic's lien. completion, will rcccivc and forward to the Owner for the O'RMCt'S review and records written warranties and related 4.3.3 Time Limits us , ej et b T i 1). ,, documents required by the Contract and assembled by the made within 21 days after occurrence of the cySat.V ng rise to Contractor, and Will issue a final Certiricate for Payment upon such Claim or within 21 d2) "S after th ant first recognize compliance with the requirements or the Contract Documents. the condition giving rise to aim, whichever is later. Claims must be madc ten notice. An additional Claim made 4.2.10 if the Owner and Architect agree, the Architect will pro- after t 1a Claim has been implemented by Change Order vide one or more project rcprescn12tiVCS to assist in carrying AIA DOCUMENT A201 • GENERAL CONDITIONS OF TIIF. CON7RACT FOR CONSTRUCTION • FOURTEENTH EDITION A1Ar • ©1987 THE AMERICAN INSTITUTE OF ARCI IITECTS, 1715 NEW YORK AVENUE, N.W., WASHINGTON, D.C.2rXXo6 A201 -1987 1 1 4.3.4 Continuing Contract Performance. Pending final reso- substantiating that weather conditions were abnormal for the lution of.a Claim including arbitration, unless otherwise agreed period of time and could not have been reasonably anticipated, in writing the Contractor shall proceed diligently with perfor- and that weather conditions had an adverse effect on the, manse of the Conte scheduled construction. P 4.3.5 Waiver o! Claims: Final Payment. The making of final 4.3.9 Injury or Damage to Person or Property. If either party payment shall constitute a waiver of Claims by the Owner to the Contact suffers injury or damage to person or property r - fxcept those arising from: beaux of an act or omission of the other party, of any of the 1 other party's employees or agents, or of others for whose acts 1 liens, Claims, security Interests or encumbrances axis- such party is legally liable, written notice of such injury or ing out of the Contract and unsettled damage, whether or not Insured, shall be given to the other .2 tailurc of the Work to comply with the requirements Pant within a reasonable time not e9teeedin., Bi d2Y3 after first of the Contract Documents or observance. The notice shall provide sufficient detail to enable -3 terms of special war=tics required by the Contract the other party to investigate the matter. 112 Claim for addi- Documents. tional cost or time related to this Claim Is to be asserted, it shall be fled as provided In 5ubpar2gr2phs 4.3.7 or 4.3.8. 4.3.6 Claims for Concealed or Unknown Conditions. if con- 4.4 RESOLUTION OF CLAIMS AND DISPUTES ditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ matcri- 4.4.1 The Architect will review Claims and take one or more of ally from those indicated In the Contract Documents or (2) the following preliminary actions within ten days of rcedpt of a unknown physical conditions of an unusual nature, which dif- Claim: (1) request additional supporting data from the claimant, fer materially from those ordinarily found to exist and crab submit a schedule t gen y 2 () e o the parties Indicating when the Arehl- recognized as inherent in construction activities of the test expects to take action, (3) reject the Claim In whole or in character provided for in the Contract Documents, then notice pan, stating reasons for rejection, (4) recommend approval of by the observing party shall be given to the other party the Claim by the other party or (5) suggest a compromise. The promptly before conditions are disturbed and in no event later Architect may also, but is not obligated to, notify the surety, if than 21 days after first observance of the conditions. The Archi- any, of the nature and amount of the Claim. test will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's 4.4.2 if a Claim has been resolved, the Architect will prcpam or cost of, or time required for, performance of any part of the obtain appropriate documentation. , Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both, if the Architect determines that 4.4.3 if a Claim has not been resoivethe party making the the conditions at the site arc not materially different from those Claim shall, within ten days after th Architect's preliminary indicated in the Contract Documents and that no change in the response, take one or more of the following actions: (1) submit terms of the Contract is justified, the Architect shall so notify additional supporting data requested by the Architect, (2) the Owner and Contractor in writing, stating the reasons. modify the initial Claim or (3) notify the Architect that the initial Claims by either party in opposition to such determination Claim stands. must be made within 21 days after the Architect has given 4.4.4 Ira Claim has not been resolved after consideration of the notice of the decision. if the Owner and Contractor cannot foregoing and of further evidence presented by the parties or agree on an adjustment in the Contract Sum or Contract Time, requested by the Architect, the Architect will notify the parties the adjustment shatl be referred to the Architect for initial deter- : in writing that the Architect's decision wit! be made within mination, subject to further proceedings pursuant to Paragraph seven days, which decision shall be 4.4. c -frmies b subject to arbitration. Upon expiration or such time 4.3.7 Claims for Additional Cost. If the Contractor wishes to period, the Architect will render to the parties the Architect's make Claim for an increase in the Contract Sum, written notice* written decision relative to the Claim, including any change In as provided herein shall be given before proceeding to execute the Contract Sum or Contract Time or both. If there Is a surety the Work. Prior notice is not required for Claims relating to an and there appears to be a possibility of a Contractor's default, emergency endangering life or property arising under Para- the Architect may, but is not obligated to, notify the surety and graph 10.3. If the Contractor believes additional cost is request the surety's assistance in resolving the controversy. Involved for reasons including but not limited to (1) a written Interpretation from the Architect, (2) an order by the Owner to 4 . 5 ARBITRATION. stop Work where the Contractor was not at fault, (3) a writ- 4,5.1 Controversies and Claims Subject to Arbitration. Any ten order for s minor change in the Work issued by the Archl- contro or Claim arising out of or related to the Contract, tect, (4) failure of payment by the Owner, (5) termination of the or the breach thereof, shall be settled by arbitration in accor- Contract by the Owner, (6) Owner's suspension or (7) other dance with the Construction Industry Arbitration Rules of the reasonable grounds, Claim shall be filed in accordance with the procedure establ'uhed herein. American Arbitration Association, and _judgment upon the award rendered by the arbitrator or arbitrators may be entered 4.3.8 Claims for Additional Time in any court having jurisdiction thereof, except controversies 4.3.8.1 It the Contractor wishes to make Claim for an increase or Claims relating to aesthetic effect and except those waived as In the Contract Time, written notice as provided herein shall be Provided for in Subparagraph 4.3.5. Such controversies or given. The Contractor's Claim shall include an estimate of cost Claims upon which the Architect has given notice and rendered and of probable effect of delay on progress of the Work. in the a decision as provided in Subparagraph 4.4.4 shall be subject to ease of a continuing delay only one Claim is necessary, arbitration upon written demand of either party. Arbitration 4.3.8.2 It adverse weather conditions arc the basis for a Claim has bet commenced when 45 days have passed after a Claim for additional time, such Claim shall be documented by data _ AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION 12 A201 -1987 AIAe - ®1987 THE AMERICAN INSTITUTE. OF ARCIRTECTS. 1711 NEW YORK AVENUE. N.W. WASHINGTON. D.C. 2t1b06 4..52 Rules and Notices for Arbitration. Claims bctwccn the 4,5.6 Claims seal Timely Assertion of Claims. A party who Owncr and Conactor not resolved undcr Paragrap b 4.4 shall, tiles a notice or demand for arbitration must assert in the 11 subject to arbitration undcr Subparagraph 4.5.1, be decided demand all Claims then known to that parry on which arbitrs. b arbitration in accordance with the Construction industry tion is permitted to be demanded. When a part)- fails to include' Arbitration Rules of the American Arbitration Association cur- a Claim through oversight, inadvertence or excttsabtc ncp�lcct, randy in dl ±.:l .:. cct, unless the parties mutually agree otherwise. or when a C :: =:.:.: err =d or b == ;' - • '•red "'?*V =`.. 0Y. Notice of demand for arbitration shall be filed in writing with the arbitrator or arbitrators may pertnit amendment. the other party to the Agreement between the Owner and Con- 4,5.7 Judgment on Final Award. The award rendered by the tractor and with the Amerieut Arbitration Association, and a arbitrator or arbitrators shall be find, and judgement may be copy atoll be tdcd with the Architect. entered upon it in accordance with applicablt law in any tour 4.5.3 Contract Performance During Arbltrtt+tlom During arbi- having jurisdiction thereof . cation proceedings, the Owner and Contractor shall comply with Subparagraph 4.3A. ARTICLE 1 5 4.5.4 When Arbliratlon May Be Demanded. Dcnund for arbi- • traWn of any Claim may not be made until the culler of (1) the SUB date on which the Architect has rendered a Mal written deer 5.1 DEMiTIONS SW on the Claim, (Z) the tenth day after the parties have prc- scntcd evidence to the Architect or have bean given tc=nablc 5,1,1 A 5ubcontr2ctor is a person cr entity who has a direct opportunity to do so, if the Architect leas not rendered ; areal contract with the Contractor to perform s portion of the VPork written decision by that date, or (3) any of the five events at the site. The term "Subcontractor' is referred to throughout dtsoibed In Subparagraph 4.32. the Contract Documents as if singutu in number and means a 4.5.4.'i What a written decision or the Architect states that (I) Subcontractor or an authorized tepi• =tallve of ttie Subcon the decision Ls.ftrul but subject to arbitration and (I) a demand tractor. The term " Subcontactor" does not include >: scpirate for arbitration of a Claim covered by such decision must be contactor or subcontractors of a separate contractor. made within 30 days after the date on which the party malting 5.1.2 A Sub - subcontractor is a pcison or entity who has a the demand receives the final written decision, then falltue to direct or indirect contract with a Subcontractor to perform a him d o days' period shall result I W demand arbitration wit saI 3 'a coon of the at the site. The term "Sub - subcontractor" o } pe Po tht Architects decision becoming final and binding upon the is referred to throughout the Contract Documents as if singular Owner and Contractor. it the Architect renders s decision alter In number and rattan a Sub - subcontractor or an authorirsd i* arbitradon proceedings have been initiated, such decision =zy representative of the Sub- subcntranor. j iio+ entered as evidence. parties 5.2 AWARD OF SUSGONTI�tAGT:; AND OTHER ' ecep CONTRACTS FOR PORTIONS OF THE WORK +1.5.4.2 A dasnartd for arbitration shall be made within the time 5.2'1 Unless otherwise stated in the Contract Documents or Cad in Sub ar n its 4.5.1 and a wi t and Clause the bidding requirements, the Cattraaor, as soon as prac- limits specified P 8 P tic2ble after award of the Contract, shalt fumish in writing to 4.5.4.1' as applicable, and in other cases within 1 rcasortabic the O thrpttgh the Architect the tunes of persons or anti- time after the Claim his arisen, and In no event shall It be made ties (including those who are to furnish materials or equipment after the date when institution of legal or equitable proceedings fabricated to a special design) proposed for each principal por- bascd on such Chun would be barred by the applicable statute tion of the Work. The AsehiteCt will promptly reply to the Con - of Ifmltations as determined pursuant to Paragraph 13.7- tractor in writing stating whether or not the Owner or the 4.5.6 Limitation on Consolidation or Joinder. No arbitration Architect, after due investigation, bas reasonable objection to arising out or or relating to the Contract Documents shall any such proposed person or entity. Failure of the Owner or Include, by consolidation or Joinder or in any other manner, Architect to reply promptly ;hall constitute notice or no reason - the Atchitect, the Architect's employees or consultants, except able objection. by written consent containing spcclk reference to the Agre4- 5.2,2 The Contractor shall not contract with a proposcd per - matt and signed by the Architect, Owncr, Contractor and any son or entity to whom the Owner or Architect has made rca- othcr person or entity sought to be joined, No arbitration shy son2blc and timely objection. The Contractor shall not be include, by consolidation or joinder or in any other manner, required to contract with anyone tip whom the Contactor has parties other than the Owner, Contractor, a scpatUIC eontrac- made reasonable objection. for as described in Ankle 6 and other persons substantially involved In a common question of fact or law whose presence 5.2.3 if the Owner or Architect hna reasonable objection to A Is required if complete relief IS to be accorded in arbitation, No person or entity proposed by the Contractor the Contractor person or entity other than the Owner, Contactor or a separate shall propose another to whom the: Owner or Architect has no contractor os described In Article t5 shall be included as art o rig• reasonable objection. The Contract Sum shall'bc incrased or anal third party or additional third party to an arbitration whose decreased by the ditfcrcnce In cost occasioned by such change Interest or responsibility Is insubsunttal. CQ nscni to arbitration and an appropriate Change Order shall be issued. However, no Involving an addltlonal person or entity shall not constitute increase In the Contract Sum shall be allowed for such change com ant to arbitration of a dispute not described therein or with unless the Contractor has acted promptly and responsively in a pason or entity not named or cicscn - bed therein." l'hc fore- submitting names as required. going agr=ncni to arbitrate and other agreements to arbluate within 2ddl6Qn2l person or entity duly consented to by parties 5.2.4 The Contractor shall not change a Subcontractor, person to the Agreement shall be specifically enrorctabie under appli. or entity prevlously selected if the Owner or Architect makes cable law in any court having jurisdiction thereof. rcasonabie objection to such change. AI.A D=MENT A201 ► GENERAL CoNrATIOXS OF THE CONTRACT FOR CO.NSTRVCTION # VOCRTUNTH ); 11TIOti AtAt •( 1YR% THY AMERicAr1 ti5TITLTTEOFARCHITECTS NEW V ORS: AVEN VE,N.u'•.V_ASH1'%6TQN,D.C.2r"* A201'�987 73 5.3 SUBCONTRACTUAL RELATIONS 6.1.3 The Owner shall provide for coordination of the 2ctivi- 5.3.1• By appropriate agreement, written where legally required tics of the Owner's own forces and of each separate contractor for validity, the Contractor shall require each Subcontractor, to with the Work of the Contractor, who shall cooper2te with the extent of the work to be performed by the Subcontractor, them. The Contractor shall participate with other separate con. to be bound to the Contractor by terms of the Contract Doerr- tractors and the Owner in reviewing their construction sched. menu, and to assume toward the Contractor all the obligations ules when directed to do so. The Contractor shall make any and responsibilities which the Contractor, by these Docu- revisions to the construction schedule and Contract Sum mcnts, assumes toward the Owner and Architect. Each subcon- deemed necessary after a Joint review and mutual agreet, ent. tract agreement shall preserve and protect the rights of the The construction schedules shall then constitute the schedules Owner and Architect under the Contract Documents with to be used by the Contractor, separate contractors and the respect to the Work to be performed by the Subcontractor ao Owncr until subsequently revised. that subcontracting thereof will not prejudice such tights, and shall allow to the Subcontractor, unless specifically provided 6.1.4 Unless otherwise provided in the Contract Documents, otherwise in the subcontract agreement the benefit of all when the Owner performs construction or operations related rights, rrnledies and redress against the Contractor -, the -- _. to the Project -with .the Owner's own forces, the Owner shall be Contractor, by the Contract Documents, has against the deemed to be subject to the same obligations and to have the Owner. Where appropriate, the Contractor shall require each same rights which apply to the Contractor under the Condi- Subcontnctor to enter into similar agreements with Sub -stub- tions of the Contract, induding, without excluding others, contractors. The Contractor shall make available to each pro- those star in Article 3, this Article 6 and Articles 10, 11 posed Subcontractor, prior to the execution of the subcontract and 12. agreement, copies of the Contract Documents to which the 6.2 MUTUAL RESPONSIBILITY Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and Bondi- 6.2.1 The Contractor shat) afford the Owner and separate con - UorLs of the proposed subcontract agreement which may be at tractors reasonable opportunity for introduction and storage of variance with the Contract Documents. Subcontractors shall their materials and equipment and performance of their acdvi- similarly make copies of appliabic portions of such documents tics and shall connect and coordinate the Contractor's con. avallabic to their respective proposed Sub- subcontnctors. struction and operations with theirs as required by the Contract 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS Documents. 5.4.1 Each subcontract agreement for a portion of the Work Is 6.2.2 if part of the Contractor's Work depends for proper assigned by the Contractor to the Owner provided that: execution or results upon construction or operations by the .1 assignment is effective only after termination of the Owner or a separate contractor, the Contractor stall, prior to Contract by the Owner for cause pursuant to Pan = proceeding with that portion of the Work, promptly report to graph 14.2 and only for those subcontract agreements the Architect apparent discrepancies or defects In such other which the Owner accepts by notifying the Subcon- construction that would render it unsuitable for such proper tractor in writing; and execution and results. Failure of the Contractor so to report Z assignment is subject to the prior right of the surer shall constitute an acknowledgment that the Ow na's or sepa- if any, obligated under bond relating is the Contract. Is contactors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to 5.4.2 If the Work has been suspended for more than 30 days, defects not then rcuanably discoverable. the Subcontractor's compensation shall be equitably adjusted. 6.2.3 Costs caused by delays or by improperly timed activities or defective construction shall be borne by the party responsi- ARTICLE 6 ble therefor. CONSTRUCTION BY OWNER 6.2.4 The Contractor shall promptly remedy damage wrong - OR BY SEPARATE CONTRACTORS fully caused by the Contractor to completed or partially com- plcted construction or to property of the Owner or separate 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION contractors as provided in Subparagraph 10.2.5. AND TO AWARD SEPARATE CONTRACTS 6.2.5 Claims and other disputes and maters in question 6.1.1 The Ow ricr reserves the right to perform construction or between the Contactor and a separate contractor shall be sub - Operations related to the Project with the Owner's own forces, ject to the provisions of Paragraph 4.3 provided the separate and to award separate contracts in connection with other por- contractor his reciprocal obligations. tions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially 6.2.6 The Owner and each separate contractor stall have the almUar to these Including those portions related to insurance same responsibilities for cutting and patching as are described and waiver of subrogation. If the Contractor claims that delay for the Contractor In Paragraph 3.14. or additional cost is involved because of such action by the Owncr, the Contactor shall make such Claim as provided else- 6.3 OWNER'S RIGHT TO CLEAN UP where In the Contact Documents. 6.3.1 If a dispute arises among the Contractor, separate con - 6.1.2 When Separate contracts arc awarded for differcm por- tractors and the Owner as to the responsibility under their tions of the Project or other construction or operations on the respective contacts for maintaining the premises and surround - site, the term "Contactor" in the Contract Documents in ach ing area free from waste materials and rubbish as described in ease shall mean the Contractor who executes each separate Paragraph 3.15, the Owner may clean up and allocate the cost Owner- Contactor Agreement, among those responsible 25 the Architect determines to be just. t4 A201�1981 AIA DOCUMENT A201 • GENERAL CO DtTiONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEEN71-i EDITION AIA ` 01997 THE AMERICAN INSTITUTE OF ARCHITECTS, 11i5 NEW YORY AVENUE, N.a'..'WASHINGTON. D.C. 20006 ARTICLE 7 .3 cost to be determined in a manner agreed upon b the parties and a mutually acceptable Axed or per CHANGES IN THE WORK age fee; or 7.1 CHANGES .4 as provided in Subparagraph 7.3.6. • - 7.3.4 Upon receipt of a Construction Change Directive, the 7.1.1 Changes In the Work may be accomplished after execu- Contractor shall promptly -proceed with the change In the tan of the Contract, and without invalidating the Contract, by Work involved and advise the Architect of the Contractor's Changc Order, Construction Change Directive or order for a agreement or disagreement with the method, if any, provided minor change in the Work, subject to the limitations stated in In the Construction Change Directive for determining the pro. this Article 7 and elsewhere in the Contract Documents. posed adjustment In the Contract Sum or Contract Time. 7.12 A Change Order shall be based upon agreement among 7.3.5 A Construction Change Directive signed by the Contrac- the Owner, Contractor and Architect; a Construction Change for indicates the agreement of the Contractor therewith, inciud- Directive requires agreement by the Owner and Architect and ing adjustment In Contract Sum and Contract Time or the may or may not be agrecd to by the Contractor; an order for a method for determining them. Such agreement shall be etia- minor change in the Work may be Issued by the Architect tivc Immediately and shall be recorded as a Change Order. alone. 7.3. 7.1.3 Changes in the Work shall be 6 If the Contactor does not respond promptly or disagrees 8 aimed undo P� appti with the method for adjustment In the Contact Sum, the cable provisions of the Contract Documents, and the Contra- method and the adjustment shall be determined by the Archi- tor shall proceed promptly, unless otherwise provided In the tcct on the basis of reasonable expenditures and savings of Change Order, Construction Change Directive or order for a those performing the Work attributable to the change, indud- minor change in the Work. ing, in cue of an increase in the Contract Sum, a reasonable 7.1.4 11 unit prices are stated In the Contract Documents or allowance for overhead and profit. In such ease, and also under subsequently agreed upon, and if quantities originally con- Clause 7.3.3.3, the Contractor shall keep and present, in suet templated arc so changed in z proposed Change Order or Con- form as the Architect may prescribe, an itemized accounting struction Change Directive that application of such unit prices together with appropriate supporting data. Unless otherwise ' to quantities or Work proposed will cause substantial Inequity provided in the Contra Documents, costs for the purposes of Po to the Owner or Contractor, the applicable unit prices shall be rov this Subparagraph 7.3.6 shall be limited to the following:: equitably adjusted. .1 costs of labor, including social security, old age and 72 CHANGE ORDERS unemployment insurance, fringe benefits required agreement or custom, and workers' or wor 72.1 A Change Order is a written instrument prepared by the compensation insurance; Architect and signed by the Owner, Contractor and Architect, .2 costs of materials, supplies and equipment, isxltrd stating than agreement upon all of the following: Ing cost of transportation, whether incorporated of .1 a change in the Work; consumed; .2 the amount of the adjustment In the Contract Sum, if .3 rental costs of machinery and equipment, exclusive of r any; and hand tools, whether rented from the Contractor or .3 the extent of the adjustment in the Contract Time, if others; any. .4 costs of premiums for all bonds and Insurance, permit 7.22 Methods used In determining adjustments to the Contra fees, and sales, use or similar taxes related to the Sum may include those listed in Subparagraph 73.3. Work; and .5 additional costs of supervision and field office person - 7.3 CONSTRUCTION CHANGE DiREC71YES na directly attributable to the change. 7.3.1 A Construction Change Directive Is a written order pre- 7.3.T pending final determination of cost to the Owner, pared by the Architect and signed by the Owner and Architect, amounts not in dispute may be included in Applications for directing a change $1 the Work and stating a proposed basis for payment. The amount of credit to be allowed by the Contrac- boh. ad j us tment, if any, in the Contact Sum or Contract Time, e, for to the Owner fora deletion or change which results in a net both. The Ow may by Construction Change Directive' decrease in the Contra Sum shall be actual net cost as con - without invalidating the Contract, order changes in the Work firmed by the Architect. When both additions and credits within the general scope of the Contra consisting n Con- covering related Work or substitutions are involved In a trans, deletions or other revisions, the Contra Sum and Con- change, the allowance for overhead and profit shall be figured tract Time being adjus[cd accordingly. on the basis of net increase, if any, with respect to that change. 7.3.2 A Construction Change Directive shalt be used in the absence of total agreement on the terms of a Change Order. 7.3.8 1C the Owner and Contractor do not agree with the adjustment In Contract Time or the method for determining It, 7.3.3 If the Construction Change Directive provides for an the adjustment or the method shalt be referred to the Architect adjustment to the Contract Sum, the adjustment shall be based for determination. on one of the following methods: 7,3.9 When the Owner and Contractor agree with the deter- .1 mutual acceptance or a lump sum properly itemized mination made by the Architect concerning the adjustments In and supported by sufficient substantiating data to per- the Contract Sum and Contract Time, or otherwise reach 291 mit evaluation; ment upon the adjustments, such agreement shall be eff .2 unit prices stated In the Contract Documents or sub- Immediately and shall be recorded by Preparation and execu- scquently agreed upon; tion of an appropriate Change Ordcr. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUC•T10N - FOURTEENTH EDITION AIAt • VIM THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.V.. WASHINGTON. D.C.2(XX)6 A201 -1987 1 5 7.4 MINOR CHANGES iN THE WORK ARTICLE 9 7.4.1 The Architect will have authority to order minor changes In the work not involving 2djustmcnt in the Contract Sum or PAYMENTS AND COMPLETION extension of the Contact Time and not inconsistent with the 9.1 CONTRACT SUM intent of the Contract Documents. Such changes shall be effected by written order and "I be binding on the Owner 9.1.1 The Contract Sum is stated in the Agreement and, induct. and Contactor. The Contactor shall carry out such written ing authorized adjustments, is the total amount payable by the orders promptly. Owner to the Contractor for performance of the Work under the Contract Documents. ARTICLE 8 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor TIME shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and sup. . 8.1 DEFINITIONS ported by such data to substantiate its 2ccur2cy as the Architect 8.1.1 Unless otherwise provided, Contact Time is the period may require. This schedule, unless objected to by the Architect, of time, including authorized 2djustmems, allotted in the Con- shall be used as 2 basis for reviewing the Contractor's Appika- tract Documents for Substantial Completion of the Work. tions for Payment. 8.1.2 The date of commencement of the Work Is the date 9.3 APPLICATIONS FOR PAYMENT established in the Agreement. The date shall not be postponed 9.3.1 At least ten days before the date established for each by the failure to act of the Contractor or of persons or entitess progress payment, the Contaaor shall submit to the Architect for whom the Contactor is responsible. an itemized Application for Payment for operations completed Completion Is the date eertIGcd in accordance with the schedule of values. Such application 8.1.3 The dart of Substantial Completion by the Architect in accordance with Paragraph 9.t3. shall be notarized, if required, and supported by such data substantiating the Contactor's right to payment as the Owner 8.1.4 The term "day" as used In the Contract Documents shall or Architea may require, such as copies of requisitions from man calendar day unless otherwise specifically defined. Subcontractors and material suppliers, and reflecting rctainage 8.2 PROGRESS AND COMPLETION if provided for elsewhere in the Contract Documents. 8.2.1 Time limits stated In the Contact Documents are of the 9.3.1.1 Such applications may indudc requests for payment on c=cc of the Contact. By executing the Agreement the Con- account of changes in the Work which have been properly tractor confirms ftt the Contact Ti authorized by Construction Change Directives but not is a reasonable Yes for performing the Work. included in Change Orders. 8.2.2 The Contactor shall not knowingly, except by agree- 9.3.1.2 Such 2pplications may not include requests for pay- ment or instruction of the Owner In writing, prematurely com- ment of amounts the Contactor does not intend to pay to a mence operations on the site or elsewhere prior to the effective Subcontractor or material supplier because of a dispute or other date of Insurance required by Article I 1 to be furnished by the reason. Contractor. The date of commencement t c o the Work shall not 9.3.2 Unless t v o herarLse provided in the Contact Documents, be changed by the effective date of such insurance. Unless the payments shall be made on account of matcdih and equipment date of commencement is established by a notice to proceed delivered and suitably stored at the site for subsequent hwor- given by the Owner, the Contactor shall notify the Owner In poration In the Work. if approved in advance by the Owner, writing not less than five days or other agreed period before payment may similarly be made for materials and equipment commencing the )fork to permit the timely filing of mortgages, suitably stored off the site at 2 I=tion agreed upon in writing. mechanic's liens and other security interests. Payment for materials and equipment stored on or off the site 8.2.3 The Contractor shall proceed expeditiously with ade- shall be conditioned upon compliance by the Contractor with quate forces and shall achieve Substantial Completion within procedures satisfactory to the Owner to establish the Owner's the Contact Time. title to such materials and equipmcnt or otherwise protect the Owner's interest, and shall include applicable insurance, 8.3 DELAYS AND EXTENSIONS OF TIME storage and transpon2tion to the site for such materials and 8.3.1 If the Contractor Is delayed at any time in progress of the equpmcnt stored off the site. Work by an act or neglect of the Owner or Architect, or of an 9.3.3 The Contractor warrants that title to 211 Work covered by employee of either, or of a separate contractor employed by an Application for Payment will pass to the Owner no later than the Owner, or by changes ordered in the Work, or by I:ler the time of payment. The Contactor further warrants that fire, ldmtmi2l dch, in delimics, unavoidable casualties upon submittal of an Application for Payment all Work for or other causes beyond the Contractor's control, or by delay which Certificates for Payment have been previously issued authorized by the Owncr pending arbitration, or by other and payments received from the Owner shall, to the bat of the causes which the Architect determines may justify delay, then Contractor's knowledge, information and belief, be free and the Contact Time shall be extended by Change Order for such cicu of liens, claims, security interests or encumbrances in rczonabic time as the Architect may determine. favor of the Contractor, Subcontractors, material suppliers, or 8.3.2 Claims relating to time shall be made in accordance with other persons or entities making 2 ehim by reason of having applicable provisions of Paragraph 4.3. provided labor, materials 2nd equipment relating to the Work. 8.3.3 This Paragaph 8.3 does not preclude recovery or dun- 9. CERTIFICATES FOR PAYMENT ages for delay by either party under other provisions of the 9.4.1 The Architect will, within seven days after receipt of the Contract Dcxvmcnts. Contractor's Application for Payment, either Lssue to the AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTIO.N • rU1'RTtEN'TH HDITION 16 A201 -1987 AIAt • ©1997 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NE- YORK AVENUE. N X'.. a•ASHINGTON. D-C- 2(XK)S = s' Owner a CeniGate for Payment, with a Copy to the Contrac• 9.5.2 When the abbve reasons for withholding ccnifrat tor, for such amount as the Architect determines Is properly removed, certification will be made for =nOunts prey due, or notify the Contractor and Owner in writing of the withheld. Architect's reasons for withholding certification in whole or in Part as provided In Subparagraph 9.5.1. 9.6 PROGRESS PAYMENTS 6.6.1 After the Architect has Issued a Certificate for Payment, 6.4.2 The issuance of a Certificate for Payment will constitute a the Owner shall make payment In the manner and within the representation by the Architect to the Owner, based on the time provided in the Contract Documents, and shall so notify Architect's observations at the site and the data comprising the the Architect. AppUc2tion for Payment, that the Work has progressed to the 9.6.2. he Contractor shall promptly pay each Subcontractor, point indicated and that, to the best of the Architect's knowl- edge, Information and belief, . Q • or the Work is In a r• dance with the Contract Documents. The foregoing represcnta- tions arc subject to an evaluation of the Work for conformance ,the amount to which said Subcontractor i s With the Contract Documents upon Substantial Completion, to mU retracing percentages actually retained from payments - results of subsequent tests and inspections, to minor dcviatbns to the Contactor on account of such Subcontractor's portion from the Contract Documents correctable prior to completion with the Work. The Contactor shall, by appropriate agreement and to specific qualifications expressed by the Architect. The wrath each Subcontractor, require each Subcontractor to make issuance of a Certificate for Payment will further constitute a Payments to Sub- subcontncton in similar manner, representation that the Contractor Is entitled to p2ymcnt in the 6.6.3 The Architect will, on request, furnish to a Subcontrac- amount certified. However, the issuance of a Certificate for Pay- tor, if practicable, information regarding percentages of corn - ment will not be a representation that the Architect has (1) plctlon or amounts applied for by the Contractor and action made exhaustive or continuous on -site inspections to check the taken thereon by the Architect and Owner on account of por. quality or quantity of the Work, (2) reviewed construction tions of the Work done by such Subcontractor. meats, methods, techniques, sequences or procedures, (3) 6.6.4 Neither the Owner nor Architect shall have in Obligation reviewed copies of requisitions received from Subcontractors requested the Owner to pry Or to set to the payment of money to a Subcontractor and material suppliers and other data re q by to substantiate the Contractor's right to payment or (4) made excapt as may Otherwise be required by Irv. examination to zscertaln how or for what purpose the Contra- 6.6.5 Payment to material suppliers shall be treated In a manner for has used money previously paid on account of the Contract similar to that provided in Subpaagnphs 9.6.2, 9.63 and 9.6.4. Sum. 6.6.6 A Certit'rate for Payment, a progress payment, or 9.5 DECISIONS TO WITHHOLD CERTiFtCAT10N or entire use or occupancy of the Project by the Owner not constitute acceptance of work not In accordance with the 9.5.1 The Architect may deride not to Certify payment and Contract Documents. may withhold a Ccnifiatc for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the 6.T FAILURE OF PAYMENT Architect's opinion the representations to the Owner required 6.7.1 if the Architect does not issue a Certificate for Payment, by Subparagraph 9.4.2 cannot be nude. If the Architect Is through no fault of the Contactor, within seven day after unable to certify payment In the amount of the Application, the receipt of the Contractors Application for Payment, or if the Architect will notify the Contractor and Owner as provided in Owner does not pay the Contractor within seven days after the Subpangnph 9.4.1. if the Contractor and Architect cannot date established In the Contract Documents the amount cer- agree on a revised amount, the Architect will promptly issue a tiered by the Architect or awarded by arbitration, then the Con- Cerdflcate for Payment for the amount for which the Architect tractor may, upon seven additional days' written notice to the is able to make such representations t Owner and Architect t cP o the Owner stop .The Ard1I- P the 'Work until t of the Ica may also decide not to certify payrrlcnt or, because of amount owing has been received. The Contract me shall be subsequently discovered evidence or subsequent observations, extended appropriately and the Contract Sum shall be may nullify the whole or a pan of a CCnrfiCale for Payment increased by the amount of the Contractor's reasonable costs of previously issued, to such extent aS may be necessary in the shut -down, delay and start-up, which shall be accomplished as Architect's opinion to protect the Owner from loss because oL• provided in Article 7. dcfcctfve Work not remedied; 9.8 SUBSTANTIAL COMP .2 third party claims fired or rcasonabic evidence indict- Work Substantial Completion Is the stage in the progress of the !rag probable c filing le such claims; Work when the Work or designated portion thereof is suffl- dently complete In accordance with the Contract Documents .3 failure of the Contractor to make payments prop - so the Owner an occupy or utilize the Work for Its intended erly to Subcontractors or for labor, materials or Use. equipment; .4 reasonable evidence that the Work cannot be corn- 9.8.2 When the Contractor considers that the Work, or a por• pitted for the unpaid balance of the Contract Sum; tion thereof which the Owner agrees to accept separately, Is .5 damage to the Owner or another contractor; substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed .6 reasonable evidence that the Work will not be tom• or corrected. The Contractor shall proceed promptly to pitted within the Contract Time, and that the unpaid plete and correct items on the fist. Failure to Include an item balance would not be adequate to cover actual or li uida such Ilse don not alter the responsibility of the Contactor tcP" q tad derma es for the anti ' B clpated delay; or complete aIt Work in accordance with the Contract Docu- .tT: .7 persistent failure to carry out the Work In accordance menu. Upon receipt of the Contractor's list, the Architect will with the Contract Documents make an inspection to determine whether the Work or desig- AtA DOCUMENT A20i • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AIAV • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEV:' YORK A%ENUE, N.W., D.C. 20006 A201 -1987 17 nested potion thereof is 'substantially complete. If the such inspection and, when the Architect finds the Work accept. Architect's inspection discloses any item, whether or not able under the Contract Documents and the Contract fully per. included on the Contractor's list, which is not in accordance formed, the Architect will promptly Issue a foul Certificate for with the requirements of the Contract Documents, the Contrac- Payment stating that to the best of the Architect's knowledge, tar shall, before Issuance of the Certificate of Substantial Com- Information and belief, and on the basis of the Architect's pkdon, complete or correct such item upon riotiftation by the observations and inspections, the Work has been completed in Architect. The Contractor shalt then submit a request for accordance with terms and conditions of the Contract Doeu. another inspection by the Architect to determine Substantial ments and that the entire balance found to be due the Contrac. Completion. When the Work or designated potion thereof Is for and noted in said final Certificate Is due and payable. The substantially complete, the Architect will prepare a Certifiate Architect's foul Certificate for Payment will constitute a further of Substantial Completion which shall establish the date of Sub- representation that conditions listed in Subparagraph 9.102 as stantial Completion, shall establish responsibilities of the precedent to the Contractor's being entitled to foul payment Owner and Contractor for security, maintenance, heat, utilities, have been fulfilled. damage to the Work and insurance, and shall within which the Contractor shall fuhlsh all Items on the ilst 9.10.2 Neither final payment nor any remaining retained accompanying the OcrtiBcate. Warranties required by the Con- percentage shall become due until the Contractor submits to tract Documents shalt commence on the date of Substantial the Architect (1) an WKbvit that payrolls, bills for materials and Completion of the Work or designated portion thereof unless equipment, and other indebtedness connected with the Work otherwise provided In the Cenifiate of Substantial Comple- for which the Owner or the Owner's property might be tion. The Certificate of Substantial Completion shall be sub- responsible or encumbered (less amounts withheld by Owner) mlttcd to the Owner and Contractor for their written accep- have been paid or otherwise satisfied, (2) a certificate evkknc- tancc of responsibilities assigned to them in such Cenlficate. Ing that insurance required by the Contract Documents to 9.13.3 Upon Substantial Compaction of the Work or designated remain in force after final payment is currently In effect and will p not be cancelled or allowed to expire until at kart 30 drys' ortion thereof and upon application by the Contractor and prior written notice has been given to the Owner. (3) a written certification by the Architect, the Owner shall make payment, statement that the Contractor knows of no substantial reason reflecting adjustment in retainage, if any, for such Work or por- that the insurance will not be renewable to cover the period tion thereof as provided In the Contract Documents. required by the Contract Documents, (4) consent of surety, If 9.9 PARTIAL OCCUPANCY OR USE any. to final payment and (5), If required by the Owner, other data establishing Payment or satisfaction of obligations, such as 9.9.1 The Owner may occupy or use any completed or par- receipts, releases and waivers of liens, claims, security interests Bally completed portion of the Work at any stage when such ' or encumbrances arising out of the Contract, to the extent and potion Is designated by separate agreement with the Contrac- In such form as may be designated by the Owner. If a Subcon- tor, provided such occupancy or use is consented to by the tractor refuses to furnish a release or waiver required by the Insurer as required under Subparagraph 11.3.11 and authorized Owner, the Contractor may famish a bond satisfactory to the by public authorities having jurisdiction over the Work. Such Owner to Indemnify the Owner against such lien. If such Ikn panial occupancy or use may commence whether or not the remains unsatisfied after payments are trade. the Contractor portion is substantially complete, provided the Ovrncr and shall refund to the Owner all money that the Owner may be Contractor have accepted in writing the responsibilities compelled to pay In discharging such lien, including all cosu assigned to each of them for payments, retainugc if any, secu- and reasonable attorneys' fees. rity, maintenance, heat, utilities, damage to the Work and lnsur- ancc, and have agreed in writing concerning the period for cor- 9,10.3 If, after Substantial Completion of the Work. final com- tection of the Work and commencement of warranties piction thereof is materially delayed through no fault of the . required by the Contract Documents. When the Contractor Contractor or by Issuance of Change Orders affecting final considers a portion substantially complete, the Contractor shall completion, and the Architect so confirms, the Owner shall, prepare and submit a list to the Architect as provided under upon application by the Contractor and certification by the Subparagraph 9.8.2. Consent of the Contractor to partial occu- Architect, and without terminating the Contract, make payment pancy or Use shall not be unreasonably withheld. The stage of orthe balance due for that portion of the Work fully completed the progress of the Work shall be determined by written agree- and accepted. if the remaining balance for Work not fully eom- mcnt between the Owner and Contractor or, If no agreement is pitted or corrected is less than reWnuge stipulated in the Con - reached, by decision of the Architect. tr2ct•D9cuments, and If bonds have been furnished, the written consent of surety to payment of the balance due for that por- 9.9.2 Immediately prior to such partial occupancy or hue, the tion of the Work fully completed and accepted shall be submit - Owner, Contractor and Architect shall jointly inspect the area ted by the Contractor to the Architect prior to certification of to be occupied or portion of the Work to be used in order to such payment. Such payment shall be made under terms and determine and record the condition of the Work. conditions governing final payment, except that it shall not constitute a waiver of claims. The making of final payment shall 9.9.3 Uniess othcrwlse agreed upon, partial occupancy or use constitute a waiver of claims by the Owner as provided In Sub - of a portion or portions of the Work shall not constitute acccp- paragraph 4.3.5. tanee of Work not complying with the requirements of the Contract Documents. 9.10.4 Acccpuncc of final payment by the Contractor, a Sub - 9.10 FINAL COMPLETION AND FINAL PAYMENT contractor or material supplier shall Constitute a waIVer of claims by that payee except those previously made In writing 9.10.1 Upon receipt of written notice that the Work Is ready and identified by that payee as unsettled at the time of fiivl for final iri5pcction and acceptance and upon receipt of a final Application for Payment. Such waivers shill be in addition to Application for Payment, the Architect will promptly make the waiver described in Subparagraph 4.3.5. AIA DOCUMENT Ant • GENERAL CONDITIONS OF THE CON"rRACT FOR CONSTRUCTION • FOURTEENTH EDITION 18 A201 -1987 AIA• • m 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W.. orASHINGTON. D.C- 20006 ARTICLE 10 10.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders qW PROTECTION OF PERSONS AND PROPERTY of public authorities bearing on safety of persons or property or 10.1 SAFETY PRECAUTIONS AND PROGRAMS their protection from damage, injury or loss. 10.1.1 The Contractor shall be responsible for initiating, main- 102.3 The Contractor shall erect and maintain, as required by taining and supervising all safety precautions and programs in existing conditions and performance of the Contraa, reason- connection with the performance of the Contract. able safeguards for safety and protection, including posting. danger signs and other warnings against hazards, promulgating 10 safer regulations .!2 In rite ohs and n event the Contractor encounters Y rag otifyin owners and users of ad' tens on the site B }scent material reasonably believed to be asbestos or polychlorinated sites and utilities. biphenyl (PCB) which has not been rendered harmless, the 102,4 When use or storage of explosives or other hazardous Contractor shall immediately stop Work in the area affected materials or equipment or unusual methods are necessary for and report the condition to the Owner and Architect in writing. execution of the Work the nt Co naor shall exercise utmost The Work in the affected area shall not thereafter be resumed care and wry on such activities undo supervision of properly except by written agreement of the Owner and Contractor if in qualified personnel. fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work In the affected 102.5 The Contractor shall promptly remedy damage and loss area shall be resumed In the absence of asbestos or polychlori- (other than damage or loss insured under property insurance hated biphenyl (PCB), or when It has been rendered harness, required by the Contract Documents) to p r o peY rt referred to In by written agreement of the Owner and Contractor, or In Cbuses 10.2.1.2 and 10.2.1.3 caused in whole or In part by the accordance with final determination by the Architect on which Contractor, a Subcontractor, a Sub - subcontractor, or anyone arbitration has not been dananded, or by arbitration under directly or indirectly employed by any of them, or by anyone Article 4. for whose eras they may be liable and for which the Contractor is responsible under Clauses 10.2.12 and 102.1.3, except 10.1.3 The Contractor shall not be required pursuant to Amide damage or loss annbutabi to acts or omissions of the Owner 7 to perform without consent any Work relating to asbestos or or Architect or anyone directly or Indirectly employed by Polychlorinated biphenyl (PCB). either of them, or by anyone for whose acts either of them mry be liable, and not attributable to the fault or negligence of the 10.1.4 To the fullest attrnt emitted b law, the Owner shall Pe Y Contractor. The foregoing Obligations f the Indemnify and hold harmless the Contractor, Architect, Archi- addition to the Contractor's obligations under ar aa are in tea's consultants and agents and employees of any of than �'Brap h 3.18. from and against claims, damages, losses and expenses, includ- 10.2.6 The Contractor shall designate a responsible member of ing but not limited to attorneys' fees, arising out of or resulting the Contractor's organisation at the site whose duty shall be the Work from performance of the �C ore in the affected area If in fact the prevention of accidents. This person shall be the Contractor s material is asbestos or polychlorinated biphenyl (PCB) and has superintendent unless otherwise designated by the Contractor not been rendered harmless, provided that such claim, damage, in writing to the Owner and Architect. loss or expense Is attributable to bodily Injury, sickness, disease 10.2.7 The Contractor shall not load or permit any part of the or death, or to Injury to or destruction of tangible property construction or site to be loaded so as to endanger Its Wcty. (other than the Work Itself) including 1 [ f) g oss o use resulting therefrom, but only to the extent caused in whole or in part by 10.3 EMERGENciES negligent acs or omissions of the Owner, anyone directly or 10.3.1 in an emergency aftccting safcty of persons or property. Indirectly employed by the Owner or anyone for whose acts the Contractor shall act, at the Contractor's discretion, to pre- the Owner may be liable, regardless of whether or not such vent threatened damage, Injury or loss. Additional compens i- elaim, damage, loss or expense Is caused In pan by a party tion or extension of time claimed by the Contractor on account indemnified hereunder. Such obligation shall not be construed of an emergency shall be determined as provided In Paragraph to negate, abridge, or reduce other rights or obligations of 4.3 and Article 7. Indemnity which would otherwise exist as to a party or person described in this Subparagraph 10.1.4 ARTICLE 11 10.2 SAFETY OF PERSONS D AN PROPERTY INSURANCE AND BONDS 10.2.1 The Contractor shalt take reasonable precautions for 11,1 ' CONTRACTOR'S LABILITY iNSURANCE safety of, and shall provide reasonable protection to prevent damage, Injury or loss to: 11.1.1 The Contractor shall purchase from and maintain In a company antes Iaw p y or companies full authorized to do business In P Y .1 employees on the Work and other persons who may the jurisdiction in which the Project is located such insurance as be affected thereby; will protect the Contractor from claims set forth below which .2 the Work and materials and equipment to be Incorpo- may arise out of or result from the Contractors operations rated therein, whether In storage on or off the site, under the Contract and for which the Contractor may be legally under care, custody or control of the Contractor or liable, whether such operations be by the Contractor or by a the Contractor's Subcontractors or Sub- subcontrac- Subcontractor or by anyone directly or indirectly employed by tors; and any of them, or by anyone for whose acts any of them maybe .3 other property at the site or adjacent thereto, such as liable: trees, shrubs, lawns, walks, pavements, roadways, .1 claims under workers' or workmen's Compensation structures and utilities not designated for removal, rrb disabiliry brncGt and other similar employee benefit acts cation or replacement in the course of construction. which are applicable to the Work to be performed; - AIA DOCUMENT A201 - GENERAL CONDiTIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH ]EDiTiON ALA* • 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.w., WASHINGTON, D.C. 20006 A201.1987 19 .2 Claims for damages because of bodily injury, occupa• other than the Owner has an insurable interest in the tional sickness or disease, or death of the Contractor's required by this Paragraph 11,3 to be covered. w•hi property employees; earner. This Insurance shall include interests of the Or,t e .3 claims for damages because of bodily injury, sickness Contractor, Subcontractors and Sub - subcontractors in t or disease, or death of any person other than the Con- Work. tractor's employers; Pro .4 claims for damages insured b usual f'rnY Insurance shall be on an all-risk policy form personal injury and shall insure against the perils of fire and extended coverage liability coverage which arc sustained (1) by a person and physical loss or damage including, without duplication of as a result of an Offense directly or Indirectly related to coverage, theft, vandalism, malicious mischicf, coijapse, false. employment of such person by the Contractor, or (2) work, temporary buildings and debris removal includin by another person; demolition occasioned by enforcement of any applicable kg l .S claims for damages, other than to the Work Itself, requirements, and shalt cover reasonable compensation for because of Injury to or destruction of tangible prop- Architect's services and expenses required as a result of such erty, including loss of use resulting therefrom; insured sons. Coverage for other perils shall not be required •6 claims for damages because of bodily Injury, death of unless otherwise provided in the Contract Documents. a person or property damage arising Out of owner- 11.3.1.2 If the Owner does not Intend to purchase such prop. ship, maintenance or use of a motor vehicle; and eery insurance required by the Contract and with all of the .7 claims Involving contractual lUbllity insurance appii• coverages In the amount described above, the Owner stop so able to the Contractor's obligations under Paragraph inform the Contractor In writing prior to commencement of 3.18. the Work. The Contractor may then effect insurance which will 11.1.2 The Insurance rc aired b by Su protect the Interests of the Contractor, Subcontractors and Sub- written for not less than omits liability graph 11 .1. thc�C be subco in the Work, and by appropriate Change Order watt Documents or required by saw, whichever covcra a - the cost thereof shall be charged to the Owner. If the Contrac- g. r tract D Coverages, whether written on an occurrence or for is damaged by the failure or neglect of the Owner to put- claims-made basis, shall be maintained without Interruption chase or maintain insurance t described above, without so from date of commencement of the Work until date o (final notifying the Contractor, then the Owner shag be cap reason - payment and termination of any coverage required to be main- able costs properly attnbutabk thereto. tained after final payment. 11.3.1.3 If the property insurance requires minimum deducti- bles and such deductibles are identified in the Contract Docu- 11.1.3 Certificates of Insurance acceptable to the Owner shill ments, the Contractor shag pry costs not covered because of be filed with the Owner prior to commencement of the Work. such deductibles. If the Owner or insurer increases the required These Certificates and the Insurance policies required by this minimum deductibles above the amounts so identified or if the Paragraph 11.1 shall contain a provision that coverages Owner elects to purchase this Insurance with voluntary dedua- afforded under the policies will not be ancened or allowed to tiblc amounts, the Owner shall be responsible for payment of expire until at least 30 days' prior written notice has been given the additional costs not covered because of such Inarrascd or to the Owner. If any of the foregoing insurance coverages arc voluntary deductibles. if deductibles are not Identified in the required to remain in force after final payment and are r Ym cascara- Contract Documents, the Owns shall pay costs not covcrtd ably available, an additional certifrate evidencing continuation because of deductibles. of such coverage shall be submitted with the feral Application 11.3.1.4 Unless otherwise provided In the Contract Docu- tor Payment as required by Subpangnph 9.10.2. nfotmatbn onccming reduction of y ubp c shall be f 0.2. 1n d by the men Ls, this property insurance shall cover portions of the Work Contractor with reasonable promptness In accordancc with the atoned off the site after written appros al of the Owner at the Contractor's information and belief. value estabnshcd in the approval, and also potions of the Work 11.2 OWNER'S UABiUTY INSURANCE in transit: 11.2.1 The Owner shag be re nsiblc for 11.3.2 Boiler and Machinery insurance, The Owner shall maintaining the Owner's usual spn li ab il ity e for purchasing h ing and Purchase and maintain boiler and machinery Insurance the Owner may purchase and maintai other insce. Op for self- required by the Contract Documents or by saw, which shall protection against claims which may arise from operations specifically cover such insured objects during Installation and under the Contract. The Contractor shall not be responsible until final ac the O ee by the Owner, this insurance span fndu b terests of the Ow•ther, Contactor, Subcontractors and Su for purchasing and maintaining this optional Owner's liability b• Insurance unless specIfiapy required by the Contract subcont ractors in the Work, and the Owner and Contractor Documents. shall be named Insureds. 11.3 PROPERTY INSURANCE 11.3.3 Loss of Use insurance The Owner, at the Owner's op tion, may purchase che and Y P g � maintain such insurance as will 11.3.1 Unless otherwise provided, the Owner shall purchase insure the Owner against sons of use of the Owner's F*oPenY and maintain, In a company or companies lawfully authorized due 10 fire or other hazards, however caused. The -Qwner to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Con- of , tract Sum as well as subsequent modifications thereto for the entire work at the site on a replacement cost basis without vol- 11.3.4 If the Contractor requests in writing that Insurance for untary deduaibles. Such property Insurance shall be main- risks other than those described herein or for other special haz- Wned, unless otherwise provided In the Contract Documents ards be included in the property Insurance policy, the Owner or otherwise agreed in writing by all persons and entities who shall, If possible, include such insurance, and the cost thereof i are beneficiaries of such insurance, until final payment has been shall be charged to the Contractor by appropriate Change made as provided in Paragraph 9.10 or until no person or entity Order. AIA DOCUMENT A201 • GENERAL CONDITIONS OF THE CONTRACT FOR CO 20 A201.1987 NSTRt1CTlOti •FOURTEENTH EDI TION • fl 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17.45 t:Ea' YORK AVENUE, N.W.. WASHINGTON. D.C. 20006 t 11.3.5 If the Project construction period the Owner 11 .3.10 The Oancr as fiduciary shall have power to adjust an insures properties, real or personal or both, adjoining or adja- settle a loss with insurers unless one of the panics in inter cent to the site by property insurance under politics separate shall object in writing within five days after occurrence of from those insuring the Project, or if after final a p yment prop- to the Owner's exercise of this pourer; if such objection be eny Insurance is to be provided on the completed Project made, arbitrators shalt be chosen as provided in Paragraph 4,5, j through a policy or policies other than those insuring the Pro)- The Owner as fiduciary shall, in that case, make settlemen r ea during the construction period, t with the Owner shalt waive ail insurers in accordance with directions of such arbitrators. tf i eights in accordance with the terms orSubparagmph 11.3.7 for distribution of insurance proceeds by arbitration is required, t damages caused by fire or other perils covered by this separate the arbitrators will direct such distribution. property Insurance. All separate policies shall provide this 11 Partial 1 w 11.3. aiver of subrogation by endorsement or otherwise, occupancy or use in accordance with Paragraph 9.9 shall not commence until the Insurance company or com- 11.3.6 Before an exposure to loss may occur, the Owner shalt Pmies providing property Insurance have consented to such f,le with the Contractor a copy of each policy that Includes partial occupancy or use by endorsement or otherwise. The t insurance coverages required by this Paragraph 11.3. Each Owner and the Contractor shall tike reasonable steps to obtain' policy shill contain all generally applicable conditions, dcfrni- consent of the insurance company or companies and s1a11, tions, exclusions and endorsements related to this Project. Each without mutual written consent, take no action with respect to policy shall contain a provision that the policy will not be partial occupancy or use that would acne canceitation, lapse or cancelled or allowed to expire until at least 30 days' prior writ. reduction of Insurance. ten notice has been given to the Contractor. 11.4 PERFORMANCE BOND AND PAYMENT BOND t 1I A.1 The Owner shall have the right to require the Contrac- 11.3.7 Walvem of Subrogation. The Owner and Contractor for to furnish bonds covering faithhil performance of the Con - waive aII rights against (1) each other and any of their subcon- tract and payment of obligations arising thereunder as u4xi- t traaors, sub- subcontr2ctors, agents and employees, arch of the fated in bidding requirements or specifaliy required in the other, and (2) the Architect, Architect's consultants, separate Contract Documents on the date of execution of the Contract. t contractors described in Article 6, if any, and any of their sub - ! contractors, sub- subcontractors, agents and employes, for 11.4.2 Upon the request of an ppearb% to � Po 9 S' person or entit • a I damages caused by fire or other perils to the extent covered b f � . be a potcntiat beneficiary of bonds covering payment of obliges- property insurance obtained pursuant to this Paragrap 11.3 or lions arising under the Contract, the Contractor "I promptly other property insurance applicable to the Work, except such furnish a copy of the bonds or shall permit a copy to be made. rights as they have to proceeds of such Insurance held by the t Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate AR _ TICLE 12 7 contractors described in Articic 6, if any, and the subcontrac- tors, sub - subcontractors, agents and employees of any of them, UNCOVERING AND CORRECTION OF WORK by appropriate agreements, written where legally required for 12.1 validity, similar wai each in favor of other panks enurn- tINCOVER114G OF WORK eratcd herein. The policies shall provide such waivers of subro- 12.1.1 If a portion of the Work Is covered contrary to the g2tiodby endorsement or otherwise. A waiver of subrogation Architect's request or to requirements specifically expressed In shall be effective as to a person or entity even though that per- the Contract Documents, it must, if required in writing by the son or entity would otherwise have a duty of Indemnification, Architect, be uncovered for the Architect's observation and be contractual or otherwise, did not pay the insurance premium replaced at the Contractor's expense without change in the directly or Indirectly, and whether or not the person or entity Contract Time. t tad an Insurable Interest in the property damaged. 12.1.2 If a portion of the Work has been covered which the + 11.3.6 A loss Insured under Owner's property Insurance shalt Architect has not specifically requested to observe prior to its be adjusted by the Owner as fiduciary and made payable to the being covered, the Architect may request to see such Work and Owner as fiduciary for the insureds, as their interests may it shall be uncovered by the Contractor. if such Work is in appear, subject to requirements of any applicable mortgagee accordance with the Contract Documents, costs of uncover- clause and of Subparagraph 11.3.10. The Contractor stun pay Ing and replacement shall, by appropriate Change Order, be Subcontractors their just shares of insurance proceeds received charged to the Owner. if such Work Is not in accordance with by the Contractor, and by appropriate agreements, written the Contract Documents, the Contractor stall pay such costs where legally required for validity, shall require Subcontractors unless the condition was caused by the Owner or a separate to make payments to their Sub - subcontractors in similar contractor in which event the Owner shat( be responsible for manner. payment of such costs. 11.3.8 if re aired in w ratan b a 12.2 CORRECTION OF WORK q g y party In Interest, the Owner 12.2.1 The Conntractor shall rom I correct Work re ed as fiduciary shall, upon occurrence of an insured loss, give P Pt Y � bond for proper performance of the Owner's duties. The cost by the Architect or failing to conform to the requirements of of required bonds shalt be charged against proceeds received as the Contract rX) umcnts, whether obscrvcd before or after fiduciary. The Owner shall deposit In a separate account pro- Substantial Completion and whether or not fabricated, Inst2lkd distribute in accor- or completed. The Contractor shalt tzar costs of correcting ceeds so received, which the Owner shall d dance with such agreement as the panics in interest may reach, such rejected Work, Including additional testing and inspeo- or In accordance with an arbitration award in which case the tkms and compensation for the Architect's services procedure shall be as provided in P2r2gr2ph 4.3. if after such expenses made necessary thereby. loss no o} m hcr Special agreement is made, replaceent of dam- 12.2.2 If, within one year after the.date of Substantial Compk- a cd v 8 property h s all be covered by appropriate Change Order. tkm of the Work or designated portion thereof, or after the date AIA DOCUMENT A201 • GEKERAt. CONDITIONS OF THE COi`TRACT FOR CO \STRt'CTiON • FOURTEENTH. EDiTIO.N AIAt • ti 19R* 7 THE AMERICAN IKSTiTITE OF ARCHITECTS. 1 ?i5 NEW YORK A \'EXt'E.1 V.. WASHINGTON. D.C.:lXXK/ A201 -1 21 for commencement of warranties established under Sub- ARTICLE 13 paragraph 9.9.1, or by terms or an applicable special warranty required by the Contract Documents, any or the Work is found to be not in accordance with the requirements of the Contract MISCELLANEOUS PROVISIONS Documents, the Contractor shall correct it promptly after 13.1 GOVERNING LAW receipt of written notice from the Owner to do so unless the Owner has previously given the unrractor 9' written accep• 13.1.1 The Contract shall be governed by the law or the place tance o C r such condition. This period or one year shall be where the Project Is located, extended with respect to portions of Work first performed after 13.2 SUCCESSORS AND ASSIGNS Subsanthl Completion by the period of time between Substan- 13,2,1 The 0 and Contractor respectively bind them - tial Completion and the actual performance of the Work. This selves, their pariners,'successors, assigns and legal represent,- _ obligation under this Subparagraph 12.2.2 shall survive accep- tiva to the other party hereto and to partners, successors, tans of the Work under the Contract and termination of the assigns and legal representatives of such other party in respect Contract. The Owner shall give such notice promptly after dis- to covenants, agreements and obligations contained in the Con - eovay of the condition. tract Documents. Neither party to the Contract shall assign the 12.2.3 The Contractor shall remove from the site portions of Contract as a whole without written consent of the other, if the Work which are not in accordance with the a u requirements rtions either party attempts to make such an assignment without such Of the Contract Documents and arc neither corrected b the f onscnt, that party shall nevertheless remain legally responsible Contractor nor accepted by the Owner, y for all obligations under the Contract. 121-4 If the Contractor fails to correct nonconforming Work 13.3 WRITTEN NOTICE within a reasonable time, the Owner may correct it in accor- 13.3.1 Written notice shall be deemed to have been duly dance with Paragraph 2.4. If the Contractor does not proceed served If delivered in person to the individual or a member of with correction of such nonconforming Work within a reason- the firm or entity or to an officer orthc corporation for which it able time fixed by written notice from the Architect, the Owner was intended, or If delivered at or sent by registered or certified may remove it and store the salvable materials or equipment at mail to the last business address known to the party giving the Contractor's expense, if the Contractor does not pay costs notice of such removal and storage within ten days after written' notice, the Owner may upon ten additional days' written 13.4 RIGHTS AND REMEDtES notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof, after deducting 13.4.1 Duties and obligations imposed by the Contract Docu- costs and damages that should have been borne by the Con- menu and rights and remedies available thereunder shall be In tractor, Including compensation for the Architect's services and addition to and not a limitation of duties, obligations, rights and expenses made necessary thereby. U such proceeds of sale do remedies otherwise imposed or a%°ailable by law. not cover costs which the Contractor should have borne, the Contract Sum shaft be reduced by the deficiency. If payments 13.4'2 No action or failure to act by the Owner, Architect or then or thereafter due the Contractor are not sufficient to cover Contractor shall constitute a waiver of a right or duty afforded such amount, the Contractor shall pay the difference to the them under the Contract, nor shall such action or failure to act Owns. constitute approval of or acquiescence In a breach thereunder, except as may be specifically agreed In writing. 12.2.5 The Contactor shall bar the cost of cortecting ' destroyed or damaged construction, whether completed or 13.S TESTS AND INSPECTIONS partially completed, of the Owner or separate contractors eauscd by the Contractor's correction or removal of Work 13.5,1 Tests, inspections and appro.•aIs of portions of the .which is not in accordance with the requirements of the Con- Work required by the Contract Documents or by bw•s, ordl- tract Documents. nanees, rules, regulations or orders of public authorities having Jurisdiction shall be made at an appropriate time. Unless other- 12.2.6 Nothing contained in this Paragraph 122 shall be con- wise provided, the Contractor shall make arrangements for strued to establish a period of limitation with respect to other such tuts, inspections and approvals with an independent test- obligations which the Contractor might have under the Con- ing laboratory or entity acceptable to the Owner, or with the tract Documents. Establishment of the time period of one year appropriate public authority, and shall tear ail related costs of as described in Subparagraph 12.2.2 relates only to the specific tests, Inspections and approvals. The Contractor "I give the obligation of the Contractor to correct the Work, and has no Architect tlmcly' notice of when and where tests and inspec- relationship to the time within which the obligation to comply tions arc to be made so the Architect may observe such proce- w•ith the Contract Documents may be sought to be enforced, dures. The Owner shall bear costs of tests, inspections or nor to the time within which proceedings may be commenced approvals which do not become requirements until after bids to establish the Contractor's liability with respect to the Con- are received or negotiations concluded. tractor's obligations other than specifically to correct the Work. 13.5.2 If the Architect, Owner or public authorities having 12.3 ACCEPTANCE OF NONCONFORMING WORK Jurisdiction determine that portions of the Work require addi- tional testing, Inspection or approval rxx Included under Sub- _ 12.3.1 if th w e Owner prefers to accept Work which Is not in paragraph 13.5.1, the Architect will, upon written authorintion accordance with the requirements of the Contract Documents, from the Owner, Instruct the Contractor to make arrangements the Owner may do so Instead of requiring Its removal and cor- for such additional testing, inspection or approval by an entity rection, in which case the Contract Sum will be reduced as ace tabu cP a to the Owner, and the Contractor hat timely appropriate and a q uitabic. Such adjustment shad be effected notice o shall give e y 1 whether or not Gnat payment has been made. are o be t made r so i the Architect may observe such prroc es. A201 -1987 AIA ` t>OC =ENT A201 • GENERAL CONDMONS OF THE CONTRACT FOR CONSTRUCTION • FOURTEENTH EDITION AlA Q 1%A7 THE AMERICAN iNSTiTt.TE OFARCHITECTS 1735 NEW YORK AVENUE, N.U'., WASHINGTON. D.C.2(Xx)6 The Owner shall bear such costs except 25 provided in Sub PARTICLE 14j • paragraph 13.5 i 13.5.3 If such procedure TERMINATION OR SUSPENSION for testing, inspection or approval OF THE CONTRACT j under Subp2r2gr2phs 13.5.1 and 13.5.2 reveal failure of the I portions of the Work to comply with requirements established 14.1 TERMINATION BY THE CONTRACTOR by the Contract Documents, the Contractor shall bear 211 costs I made necessary by such failure including those or repeated 14.1.1 The Contractor may terminate the Contract if the Work I procedures and compensation for the Architect's services and is stopped for a period of 30 days through no act or fault of the i expenses. Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons performing portions j 13.5.4 Required certificates of testing, inspection or approval of the Work under contract with the Contractor, for any of the shall, unless otherwise required by the Contract Documents, be following reasons: . secured by the Contractor and promptly delivered to the .1 issuance of an order of a court or other public author- - Architect. h having g jurisdiction; I 13.5.5 If the Architect is to observe tests, inspections or .2 an act of government, such as a declaration of natkx -W . appro als required by the Contract Documents, the Architect emergency, making material tmavailabie; will do so promptly and, where practicable, at the normal place . bec2use the Architect has not issued a CertiGctite for of testing. Payment and has not notified the Contractor of the reason for withholding certification as provided In 13.5.6 Tests or inspections conducted pursuant to the Con- Subparagraph 9.4.1, or because the Owner has not tract Documents shall be made promptly to avoid unreasonable made payment on a Certitxate for Payment within delay in the Work. the time stated In the Contract Documents; .4 If repeated suspensions, delays or Intcnvpdons by the 13.6 NTEREST Owner as described In Paragraph 14.3 constitute in I the aggregate more than 100 percent of the total mum - 13.6.1 Payments due and unpaid under the Contras bcr of days scheduled for completion, or 12 Docu- 0 P Y h ments shall t P days bear Interest an res from the date payment is due at such Y 365 -d2y period, whichever is less; or P) t rate as the parties may agree upon in writing or, in the absence .5 the Owner has failed to furnish to the Contractor i thereof, at the legal rate prevailing from time to time at the place promptly, upon the Contractor's request, reasonable what the Project Is located. evidence as required by Subparagraph 22.1. i j 14.1.2 if one of the above reasons exists, the Contractor no LIMITATION PERIOD upon seven additional days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner 13.7.1 As between the Owner and Contractor: payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment -.1 Before Substantial Completion. As to acts failures and machinery, Including reasonable overhead, profit and to act occurring prior to the relevant date Substan- damages. tial Completion, any applicable statute limitations : 14.1.3 If the Work is stopped for a period of 60 days through shall commence to run and any alleged use of action no act or fault or the Contractor or a Subcontractor or their shalt be deemed to have accrued in 2 and 211 events agents or employers or any other persons performing portions not later than such date of Substa Ia1 Completion; of the Work under contract with the Contractor because the .2 Between Substantial Complete n and Final Certlfl- Owner has persistently failed to fulfill the Owner's obligitkxrs Bate for Payment. As to 2cu r failures to act occur- under the Contract Documents with respect to matters impor• ring subsequent to the rcl ant date of Substantial tint to the progress of the Work, the Contractor may, upon Completion and prior to of the Gnat Ccifi• seven additional d2ys' written notice to the Owner and the o I ua i Co for Payment, any t li u2 c statute of nil C tir lim i ta t ion s Architect, termtnate the Contract and recover from the Owner shall commence to and any alleged cause of as Provided in Subparagraph 14.1.2. action shall be deem to h2ve accrued in 2ny 2nd 211 14.2 TERMINATION BY THE OWNER FOR CAUSE events not later th the date of i35u2nCC of the Gnat 14:2:1 The Owner may trnninate the Contract if the Ccntfiatc for Pa rnt; and Contractor: g uilty .3 After Final C dificate for Payment. As to acts or .1 1x rsistcntl tcdi • 1 Y or �a ) reflr.SCS Qf faiiS t0 s upply Y failures to a occurring after the relevant date or issu• enough properly skilled workers or proper materials; 2ncc of final Certificate for Payment, any 2ppli- .2 fails to make a •mcnt to Subcontractors for materials cable st to of limitations shall commence to run and P ) or labor In accordance with the respective agreements any al ged cause of action shall be deemed to have between the Contractor and the Subcontractors; ac d in any 2nd all events not 12tcr than the date of .3 persistently disreg2rds 129--s, ordinances, or rules, reg- an act or failure to act by the Contractor pursuant to ul2tions or orders of a public authority having jurLs• y warranty provided under P2r2gr2ph 3.5, the date diction; or W any correction of the Work or failure to correct the .4 otherwise Is uilt of suhstantial breach Of a P ren is� Work by the Con date of actual commission of any other act or failure of the Contract Documents. to perform any duty or oblig2dt n by the Contractor 14.2.2 When any of the 2bovc reasons exist. the Owner, 19=1 or , - AIA DOCUMENT A201 • G£NF.RAL CONDITIONS OF In IF. CONTRACT FOR COKSTRi °CTIO\ • FOt•RTEE!"TII WITION AIM • C' 1')R' THE A11FRICAN INSTITI -TE OF ARCHITECTS. 17 {5 NEW YORK AN LNVE. N.W.. WASHINGTON. p.(:. 2(xx)(, A201 -1987 23 -66 saei+- 1et+en, ma} without prejudice to any other ri gh ts or i remedies of the Owner and after giving the Contractor td the t case 2 be, shall be certified ed by the Architect. u Grp as Cdhtractor's surety, if any, seven days' written notice, tennl• cation, and this obli tion for pon 2 p�r - 62te employment of the Contractor and may, subject to any lion or the Contract. ixiyrrlent snail survive trarsirt2- r prior rights of the surety: 14.3 SUSPENSION 8Y THE 0W?1ER .1 take possession of the site and of 211 materials, equip- FOR CONVENIENCE - _ ment, tools, and construction equipment and m2chin- ery thereon owned by the Contractor; 14.3.1 The Owner may, without cause, order the Contractor i .2 2crept 2ssignmcnt of subcontracts pursuant to pan. writing to suspend, dd2y or interrupt the Work In whole or in gr 5.4; and part for such period of time as the Owner may determine. .3 finish the Work by whatever reasonable method the 14.3.2 An adjustment shall be made for increases in Ow the cost oOwner =y deem expedi performance of the Contract, including profi on the increased cost 142.3 When the Owner terminate the Contract for one of the tion. No adjustment shall be made to the delay or � � reasons st2tcd in Subparagraph 14.2.1, the Contractor shat] not be entitled to recelve further payment • -tmtll • the -Work • is - - - •1 that performance is, , Bras or would have been so sus. finished. pendcd, delayed or interrupted by another nose for 142.4 If the unpaid balance of the contact sum exceeds gnats which the Contractor b rmponsibk; or Of finishing the Work, including eompcns2tion for the Atchi '2 that an equitable adjustment is made or dented under test's services and expenses made necessary thereby, such another provWon of this Contract. excess shall be paid to the Contractor. U such costs exceed the 14.3.3 Ad justments made in the cost of performance may }uve unpaid balance, the Contractor shall pay the difference to the a mutually agreed fixed or percentage fee. i . 24 _ A201.1987 AIA DOCUMENT A201 • GENERAL CONdITIONS OF THE CONTRACT FOR CONSTRI'CT10.N • FOt'RTEE EVIT)ON AIAC • 01987 THE AMERICAN INSTITI'TE OF ARCI IITE(;TS. 17iS NEU' SURF; A\ ENt'E. N.R'. U AS)IINGTON. D.(:. 2(XX)6 3/87 IC-1 Mlnnasota De IG134 Partmerrt of Revenua Rs V. Q'so Withholding Affidavit for Contractors This affidavit must be apprrNed by ate F.+finnecoca Department of Revenue belom the State of Minnesota or any of its attbdivia:o can make final payment 17 conm=rs. ►crn..a�a D rtirro.r - uavrr+.r .c ti beg - G y Swa Z 3 coda IJ .+rvrTF.r wz W.o.d Tmw mricaa wrest: T.rorcm n near Artw1 Stu din: Did you have employees work on this pmiect? Project number It none, exptain who cid the work: Project iocat;ort:• Project owner: itddroas Chock the box that doscrtbvs your lnvolvsmsnf In the project and All H all Information r stud In that cat a'4u+ a flory: ❑ Sole Contractor ❑ Subcontractor If you are a subcontractor, fill in the name and address of the contractor that hired you: ❑ Prime Contractor If you subcontracted out arty work on this project, all of your subcontractors must file their own IC-134 affidavits and have them certified by the Department of Revenue before you can file your affidavit. For each subcontractor you had, fill in the business information below, and attach a copy of each subcontractor's certified IC -134. (If you need more space, attach a separawe sheaL) Business name of -ss OwnerrOtfcer I oecars hat aA snbm non 1 have fits" in on na form is uut ono =mpieta to the beat of my knowwo" ono beibf. I av710rue r* Dat+aror»nt of pw,* ue to diu:joaa remnant j1b= on rating n tits prq*ct, irxjuding sending copi" of Rua leant, to t'* Or- contrb= d I am a submnruace, and to any subcxlrac�ra if i am a Drirr» conirscx. Nd to the oontrrti For certification, mail to: Minnesota Department of Revenue, Business Trust Tax Section. Mail SIZion 6610, SL Paul, MN 55146 -6610 Ctfk ortato of Compliance with Minnesota Incorne Tax Withholding Law Based on records of the Minnesota Department of Revenue, 1 certify that the contractor who has signed this certificate has fulfilled all the requirements of Minnesota Statutes 290.92 and 290.97 concerning the withholding of Minnesota income tax from wages paid to employees relating to contract services w the state of Minnesota and/or its subdivisions c s o ++tors ct a�ru z ti Dow SECTION 0080 GENERAL CONDITIONS NOTICE The General Conditions of the Contract for Construction, - 1987 Edition, AIA Document A201, Articles 1 through 14, are hereby incorporated by reference to the General Conditions of this project. A copy of the General Conditions may be examined in the office of the Architect or a copy will be furnished upon written request. 02 MODIFICATIONS The Articles contained n the Supplementary Conditions, Section 0090, and the General Requirements, those sections of Division 1 of the Specifications included in the Table of Contents for this project, may amend, modify, supersede, void, or supplement the Articles of the General Conditions described above and shall take precedence over the provisions of the General Conditions. Where any part of an Article of the General Conditions is amended, modified, superseded, or voided by a provision of such Article not so specifically amended, modified, superseded or voided shall remain in effect. Where any Article of the General Conditions is supplemented by the Supplementary Conditions or the General Requirement, q ent, all provisions of such Article shall remain in effect, and the Supplementary Provisions of the Supplementary Conditions or the General Requirements shall be considered as added thereto. END OF SECTION 0080 0 Section 0080 - Page 1 SUPPLEMENTARY CONDITIONS INDEX Item Pa 01 GENERAL CONDITIONS 1 02 DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS ................ 1 03 OWNER ................................. ............................... 1 04 CONTRACTOR ........................... ............................... 1 05 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY ....... 1 06 SUPERVISION AND CONSTRUCTION PROCEDURES ...................... 2 07 LABOR AND MATERIALS ..................... 08 WARRANTY ............................. ............................... 3 09 TAXES .................................. ............................... 3 10 PERMITS, FEES AND NOTICES ............ ............................... 4 11 CONTRACTOR'S CONSTRUCTION SCHEDULE ............................ 4 12 USE OF SITE ............................. ............................... 4 13 ACCESS TO WORK ....................... ............................... 5 14 INDEMNIFICATION 5 15 ARCHITECT ............................. ............................... 6 16 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OFTHE WORK .......................... ............................... 6 17 MUTUAL RESPONSIBILITY ............... ............................... 6 18 CHANGES ............................... ............................... 6 19 DELAYS AND EXTENSIONS OF TIME ..... ............................... 7 20 PAYMENTS AND COMPLETION .......... ............................... 7 21 CONTRACTOR'S LIABILITY INSURANCE .. ............................... 8 22 PROPERTY INSURANCE ................ ............................... 10 23 PERFORMANCE AND PAYMENT BOND /DAMAGES ...................... 11 24 EQUAL OPPORTUNITY .................. ............................... 12 SECTION 0090 SUPPLEMENTARY CONDITIONS 01 GENERAL CONDITIONS The General Conditions, Section 0080, are hereby made a part of this Section. The Articles contained in this Section may amend, modify, supersede, void or supplement the Articles of the General Conditions, Section 0080, and shall take precedence over the provisions of the General Conditions. 02 DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS TMENT Supplement 1.3.1, AIA General Conditions: The General Construction Work shall consist of the work set forth in the Conditions of the Contract, (General, Supplementary Conditions, Division 1) and as listed below: SPECIFICATIONS: 0001,0010,0020 , 0025 ,0030,0045,0050,0080,0090,01 - )0,0140,0170. Division 2 DRAWINGS: Al Location Map /Building/Site Plan W • NER Supplement Subparagraph 2.1.1, AIA General Conditions: "Owner" as used in the Contract Documents shall mean Economic Development Authority in and for the City of Brooklyn Center, Minnesota 55430. 44 CONTRA TOR Supplement Subparagraph 3.1.1, AIA General Conditions: "Contractor" as used in the Contract Documents shall mean-the person or organization entering into a Contract with the Owner to undertake the bid system of the Contract. 45 REVIEW OF ONTR ACT— DOCUMENTS AND FIELD CONDIIIONS BY CONTRA TOR Amend and Supplement 3.2, AIA General Conditions: The Contractor shall be responsible for the correct location, dimension and elevations of his work. The work shall be demolished in accordance with the written information indicated in the specifications and Section 0090 - Page 1 drawings. The Contractor shall verify all grades, lines, levels and dimensions on the drawings or detailed drawings and shall take such measurements to adjacent, incorporated or existing work as necessary before commencing any work. Errors and inconsistencies shall be reported the Architect at once. No extra compensation will be allowed on account of differences between actual measurements and dimensions indicated on the drawings. No extra compensation will be allowed on account of existing grades, dunensions, or measurements that were not taken in a timely manner prior to the work to insure accurate existin g building and site conditions. 06 SUPERVISION AND CONSTRUCTION PROCEDURES Supplement 3.3.1, AIA General Conditions: The General contractor shall be responsible for the total coordination of all Contractors and as such shall have included this coordination in his Bid. The General Contractor is responsible for the project schedule and its update as listed in this document. The General Contractor, in verbal and written notice and by copying the Architect, shall notify all other subcontractors in a timely and proper schedule method for their work. Each subcontractor shall react when notified or as required. The Owner and Architect, when mandatory, will use any means to keep the project on schedule. Each Contractor is responsible for knowing his work, the work schedule, the materials and equipment needed to meet that schedule. Prior to the General Contractor signing the Contract, the tentative work schedule below shall be presented from the Contractor for review and approval b r the Architect and Owner. pp } Tentative Project Schedule • Demolition Contract Award - JuIy 25, 1994 • Demolition (Building/Site) - August 8 - August 24, 1994 • Site Restoration - August 20 - August 26, 1994 • Final Grading - August 29 - August 30, 1994 • Seeding - August 31 - September 2 1 994 g P • Project Completion - September 7, 1994 The Contractor shall take all precautions necessary to safeguard the property and adjacent properties and building from damage and the public from injury during demolition and site restoration. The Contractor shall confine debris resulting from the demolition to the construction property and minimize any interruption of the normal neighborhood area. Restrict all on -site activities to the demolition site. Any inquiries made by neighbors or visitors concerning this project shall be referred to the Owner or his Representative. I Section 0090 - Page 2 The buildings and other demolition work shall be kept wet during all removal to avoid any dust becoming airborne. The Contractor shall provide security to the demolition construction areas upon contract award until final completion acceptance. Site to be fenced off at all tunes. No tobacco shall be used at any tune. Smoking will not be tolerated. Excess noise such as radios, tape recorders, or profanity will not be tolerated. General Contractor to coordinate with Owner's Representative storage areas, parking, etc., and project sequencing. 07 LABOR AND MAIERIALS Supplement to 3.4, AIA General Conditions: When a Contractor submits for an approval of an alternate method of construction or an alternate use of materials, it is the Contractor's responsibility to correct and pay for all other conditions that may be affected by this change. Approval by the Architect does not relieve the Contractor of his responsibility for his recommended and the approved change. 08 WARRANTY Supplement 3.5, AIA General Conditions: If within twelve (12) months after the date of substantial completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. The General Contractor shall be responsible for the coordination of all work on this project. All other Contractors and subcontractors shall cooperate fully with the General Contractor to ensure project completion on schedule. 09 TAXES Supplement 3.6, AIA General Conditions: The taxes required for this project shall be paid for by the Contractor. The Contractor shall be responsible for all Federal, State, City, County, Local or any other taxes pertaining to this project. It is the Contractor's sole responsibility to research and understand all taxes which are applicable to this project. Section 0090 - Page 3 10 PERMITS. FEES AND NOTICES Amend and Supplement 3.7, AIA General Conditions - The Contractor will submit and pay for the demolition permit as defined in the City of Brooklyn Center code. All other permits (landfill, hauling, waste disposal) as listed or required shall be paid for by the Contractor requiring same. 11 _ CONTRACTORS CONSTRUCTION SCHEDULE Amend and Supplement 3.10, AIA General Conditions: The total work of this project has been separated into a series of project areas which, in turn, require sequencing of the different Contractor's actions. The General Contractor shall coordinate his work with the Owner and Architect to determine an acceptable initial project schedule. The project is divided into five (5) separate areas or parts: 1. Secure project site; install safety fence around demolition site. 2. Demolish garages, including foundations. 3. Demolish apartment, including foundations. 4. Remove asphalt driveways and concrete sidewalks etc. including all damaged or dead trees Y g b shrubs, etc. 5. Place backfill; compact; add black dirt topsoils; level; rake and seed. There will be tentative construction meetings scheduled on a weekly basis for updating written schedules, changes, conflicts, and possible alterations as needed to complete and keep the project on schedule. The General Contractor shall be responsible for providing the final total project schedule. If other separate subcontractors are included, each other subcontractor shall submit to the General Contractor his portion of the work schedule to insure a carefully coordinated final schedule. The final schedule shall be prepared by the General Contractor and be reviewed, approved, and signed by each of the subcontractors, along with the Owner and Architect. The - schedule must be adjusted whenever the project is more than one week behind or ahead of schedule to reflect more accurate project sequencing and control of the project. Weather conditions shall be taken into account utilizing U. S. weather data for anticipated average weather closest to the project location. 12 OF SITE Amend and supplement 3.13, AIA General Conditions: Section 0090 - Page 4 The Contractor shall have the care, custody and control of the site, subject to the rights of the Owner and other Contractors or subcontractors, from the date of commencement of the work until the date of substantial completion. - It is mandatory that materials, equipment, construction areas and all other dangers to the public be maintained in a safe condition. The Contractor shall confine his operations on the premises to such linxits as will not adversely affect the operations normally carried in the neighborhood. The total construction program will be reviewed with all Contractors involved prior to award of Construction Contracts if requested by a Contractor involved with the project prior to award of the Contract by the Owner. All Contractors at that time will be given the opportunity to coordinate their operations as it relates to the Owners and other Contractor operations. 13 ACCESS TO WORK Supplement 3.16, AIA General Conditions: The Contractor shall permit and facilitate inspection of the work by the Owner, the Arch]' °ct and public authorities. If such work shall be found to be correct in accordance with the Contract, �. , y Owner shall pay the cost of any reexamination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay any and all such costs. The provisions of this article apply to work done by subcontractors and to all materials furnished as well as work done by direct employees of the Contractor. In lieu of requiring re- execution of the work, the Owner may at his option elect to accept an equitable deduction from the Contract Price for the defective work. The Contractor shall permit and facilitate access to the work in preparation and progress wherever located for special testing companies, public authorities and all other people required on the site to insure that the project is, or has been, constructed in accordance with the Contract. The Contractor shall confine his operations on the premises to such limits as will not adversely affect the operations normally carried on by the Owner more than is reasonably necessary. The total construction program will be reviewed with all Contractors involved prior to start of construction. All contractors will be given the opportunity at that time to coordinate their operations. 14 INDEMNIFICATION Supplement Paragraph 3.18.1 AIA General Conditions: "...the Owner, the Architect and the engineer and their agents..." Supplement Subparagraph 3.18.2, AIA General Conditions, to read as follows: " the Owner, the Architect, or the Engineer, or any of their agents..." Section 0090 - Page 5 15 ARCHITECT Supplement Subparagraph 4.1, AIA General Conditions: "Architect" as used in the Contract Documents shall mean Environmental Process, Inc., 1220 Glenwood Avenue, Minneapolis, Minnesota 55405. 16 AWARD OF SUBCONTRACTS AND OTHER CQNTRACTS FOR PORTIONS OF THE WORK Amend and Supplement Article 5 2, AIA General Conditions: Within ten (10) days after Contracts are received, the successful bidder shall submit to the "�-h4e et for approval a list of all subcontractors, major material suppliers, landfill /disposal sites, and such other persons or organizations as the Architect may desire who the Contractor proposes to use on the project. The name, address, product or service, naive of the material, product or equipment to be furnished shall be indicated for each proposed subcontractor. The Contractor shall furnish such evidence as to the experience and reliability of any proposed subcontractor as the Ar- i t may require. ow R Approval of a subcontractor, material supplier or other party shall in no way limit the responsibility of the Contractor to furnish materials, products and equipment in conformance with the requirements of the Contract Documents. 17 MUTUAL REP IBILITY Delete Subparagraph 6.2.3, AIA General Conditions, and substitute the following: Should the Contractor cause damage to the work or property of any separate Contractor on the project, the Contractor shall, upon due notice, settle with such other Contractor by agreement or arbitration if he will so settle. If such separate Contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend such proceedings and pay all costs in connection therewith; and if any judgement against the Owner arises therefrom, the Contractor shall pay or satisfy it. 18 CHANGES Supplement Article 7, AIA General Conditions: If any changes in the work are desired by the Owner, the Architect will so notify the Contractor and will furnish him by means of drawings or otherwise a complete description of the changes. The Contractor shall promptly prepare and submit to the Architect a firm proposal for the value of the changes and the additional time of completion required, if any. The value of the changes shall be determined as follows: a. If applicable unit prices are included in the Agreement, they shall be used. Section 0090 - Page 6 b. If applicable unit prices are not included in the Agreement, the Contractor shall prepare a detailed, unit priced, itemized proposal to include all direct costs plus a percentage of said direct costs to cover overhead and profit. If the Contractor's proposal is acceptable, the Architect will prepare a Change Order in accordance therewith and submit same to the Contractor and to the Owner for acceptance and signature. If the Contractor's proposal is not acceptable and prompt agreement between the two parties cannot be reached, the Owner may order the Contractor to proceed with the work on a cost -plus basis. A cost -plus basis is defined as the cost of the Contractor's labor, materials, insurance and other direct costs, plus a percentage of said net costs to cover overhead and profit. No extra work shall be done nor any obligation incurred for payment therefore except upon a written Change Order fully signed by the Owner. 19 DELAYS AND EXTENSIONS OF TIME Delete Subparagraph 8.3.1, AIA General Conditions, and substitute the following: If the Contractor is delayed at any time in progress of the work by an act or neglect of the Owner or Architect, or of an employee of either, orb changes ordered in the work or unusual delay i Y g � Y Y n deliveries, unavoidable casualties, fire or other causes beyond the Contractor's control, or by delay authorized by the Owner pending arbitration, or by other causes which the Architect determines may justify delay, then the Contract time shall be extended by Change Order for such reasonable time as the Architect may determine. In the event that the Contractor or his subcontractor, is found or held liable for failure of the Contractor to discharge its obligations, the Contractor shall indemnify the other Contractors and the Owner for the actual amount of such liability in addition to all costs, including reasonable attorney and architectural fees, incurred as a result of the Contractor's failure. The Owner may, upon forty -eight (48) hour's notice to the Contractor of a failure to perform the Contract, may terminate this agreement unless the Contractor cures its breach within that forty -eight (48) hour period. Upon termination pursuant to this paragraph, the Owner shall have the right to replace the Contractor. The Owner may then offset against any sums due or to become due to the Contractor the reasonable costs of replacement of the Contractor. The Contractor shall reimburse the Owner for any part of such reasonable replacement costs that exceed the unpaid balance due the Contractor for work performed under the Agreement. 20 PAYMENTS AND OMPT ETION Supplement Article 9, AIA General Conditions: Within ten (10) days after execution of the Contract and at least 14 days prior to the submission of the first Application for Payment, the Contractor shall submit to theft a schedule of values (cost breakdown) as defined in Paragraph 9.2, AIA General Conditions. The schedule of values shall be Section 0090 - Page 7 C w nf2K prepared in such detail and form as the "rn iay direct and shall include quantities and unit costs for all items and classes of work represented. On the 25th day of each month, the Contractor shall submit to the ^ r�eac an itemized Application for Payment based on the valuation of the work done and materials not incorporated in the work but delivered and suitably stored at the site as of the 22nd day of that month. Application for Payment shall be made on AIA Document G702, Application and Certificate for Payment Forn, and G703 Continuation Sheet. �'ite2krehit + **- 'fi p'tt�i* +1 r' "4 �4 + LL T _ _., .._ __ _.L ymet., ewfter not iatel than tile fifth (5th) d"I l y -4040 fellewil:�g To ensure the proper performance of this Contract, the Owner will retain 10 percent of the amount of each Application for Payment. It is the intention of the Owner to reduce the retainage upon completion of the project. i 21 CONTRACTOR'S LIABILITY INSURANCE Amend and supplement Paragraph 11.1.1, AIA General Conditions: The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business and admitted in the jurisdiction in which the Project is located and satisfactory to the Owner, such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed b an of them or anyone for Y Y o e o whose ac n f Y Y Y is a o them may Y be liable: .l claims under workers' or workmen's compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claim for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle and .7 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3.18. Amend and supplement Paragraph 11.1.2, AIA General Conditions: The insurance required by Subparagraph 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, Section 0090 - Page 8 written on an occurrence basis, shall be maintained without interruption from date of commencement of the Work until obligations under this contract have ceased. Amend and supplement Paragraph 11.1.3, AIA General Conditions: Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner and Architect. If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. Any insurance agent that provides coverage for this Contractor shall have in force Errors and Omission coverage with limits of not less than 51,000,000 occurrence and 51,000,000 aggregate. Add Paragraph 11.1.4, AIA General Conditions: The Contractor shall not commence the work until he has obtained the insurance required and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractors to continence work on his subcontract unless the subcontractor is covered by the Contractor's insurance or the subcontractor has obtained the required insurance. All responsibility for payment of sums resulting from any deductible provision, corridor, or self- insured retention conditions of the policy or policies shall remain with the successful bidder. Minimum insurance requirements are as follows: a. Workmen's Compensation and Employer's Liability Insurance: Provide Workmen's Compensation Insurance as required by law. Provide insurance required under other similar employee benefit acts in force at the place of the Work. Employer's Liability Insurance shall be written for not less than: 5100,000 Per Accident $100,000 Per Employee disease /Bodily injury $500,000 Policy Limit b. Public Liability Insurance: Public Liability Insurance shall include coverages for premises and operations, independent contractors, products and completed operations, and personal injury. This insurance shall be written for not less than the following limits of liability: 1, Bodily Injury and Property Damage Liability 52,000,000 each occurrence 52,000,000 General Aggregate applicable to this Work Section 0090 - Page 9 S2,000,000 Per occurrence Products and Completed Operations applicable to this Work S2,000,000 Aggregate Products and Completed Operations applicable to this Work. C. Contractual (Hold Harmless) Liability: The Contractor's Public Liability Insurance shall include contractual liability coverage which shall insure the Contractor's obligations under Paragraph 3.18, AIA General Conditions. Certificates of insurance shall specifically state that this contractual agreement is insured. d. Automobile Public Liability Insurance: Automobile Public Liability Insurance shall cover any auto. This insurance shall be written for not less than the following lh of liability: 1. Bodily Injury Liability and Property Damage Liability 52,000,000 each incident Single minimum limit 22 PROPERTY INSURANCE Amend and Supplement Paragraph 11.3.6, AIA General Conditions: Certificate of Insurance shall be maintained by the Owner and available for inspection by the Architect, Contractor, Subcontractors or Sub - subcontractors for each policy covered by Paragraphs 11.2 and 11.3 hereof. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. Amend and Supplement Paragraph 11.3.7, AIA General Conditions: Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual Section 0090 - Page 10 or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damages. Amend and Supplement Paragraph 11.3.8, AIA General Conditions: A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of Subparagraph 11.3.9. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner. Amend and Supplement Paragraph 11.3.9, AIA General Conditions: The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. Amend and Supplement Paragraph 11.3.10, AIA General Conditions: Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. 2 3 PERFORMANCE-AND PAYMENT BOND/DAMAGES Supplement Subparagraph 11.4, AIA General Conditions: 11.4.3 The Contractor shall purchase and furnish to Owner a Performance Bond plus a Labor and Material Payment Bond (On form approved by Owner) and each bond shall be in the amount of 100 percent of the Contract Sum. The surety company furnishing such bonds must have a Treasury Department limit equal to or exceeding the amount of such- bonds as listed in the latest issue of the Treasury Department Circular Number 570. The surety company must be authorized to do business in the State in which the project is being constructed. Owner reserves the right to accept or reject the surety company. Failure to fully complete the complete demolition and site improvements in 44 consecutive calendar days, or by September 7, 1994, and extensions or change orders are not accepted, there may be deducted from any monies due, or that may become due, to the successful bidder, the sum as set forth in the following schedule, for each and every calendar day, exclusive of Saturdays and Sundays, that the work Section 0090 - Page 11 shall remain uncompleted. This sum shall be considered and treated, not as a penalty, but as liquidated damages. SCHEDULE OF LIQUIDATED DAMAGES Liquidated Contract Price Damages Per Day 55,000 and less S 15.00 S5,000 to S10,000 25.00 S10,000 to S25,000 50.00 525,000 to S50,000 75.00 550,000 to 5100,000 100.00 5100,000 or more 200.00 24 EQUAL OPPORTUNITY The Contractor agrees that during the life of the Contract he will not discriminate within the United States of America and the State of Minnesota against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all Subcontracts entered into for the performance of the work thereof. The Contract may be canceled or terminated by the Owner and all money due or to become due under the Contract may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in these specifications to comply with the provisions of Section 181.59 of the 1945 Minnesota Statutes Annotated. I END OF SECTION 0090 I Section 0090 - Page 12 SECTION 0130 TEMPORARY FACILITIES 01 CONDITIONS OF THE CONTRACT The Conditions of the Contract (General, Supplementary and other Conditions) and the General Requirements (Sections of Division 1) are hereby made a part of this Section. The Articles contained in this Section may amend, modify, supersede, void or supplement the Articles of the General Conditions, Section 0080, and shall take precedence over the provisions of the General Conditions. 02 STORAGE OF EQUIPMENT Space shall be provided outside and adjacent to buildings for the storage of supplies and equipment during the entirety of the project. The storage and supplies and equipment shall be maintained and secured off streets in an organized fashion, permitting normal traffic patterns and to prevent vandalism. The Contractor shall assume the responsibility for protection of any stored or stock -piled equipment and material. The Contractor shall be required to insure that infringement on adjacent spaces or adjoining property is avoided during progress of the work and immediately at no additional cost to the Owner. Combustible and flammable material will be stored a minimum of 40 feet from the building and adjacent properties. 03 MOISTURE AND WEATHER PROTECTION Each Contractor shall protect all areas and especially the building roof openinga of this project from damage from water, including ground water, rain water, backing up of sewers and drains, and ice and snow. Keep all areas free from water during the progress of the work and provide temporary enclosures, and equipment, and do all grading, pumping, bailing, or other work necessary to ensure this protection. Water shall be disposed of in such a manner as will rot endanger public health or cause damage or expense to public or private property, and in accordance with the requirements of any public agencies having jurisdiction. If sewers and streets are used for drainage or the disposal of water during construction, they shall be maintained and left satisfactory and clean upon the completion of the work. The Contractor shall provide protection against wind, storms, frost, rain, snow, heat or cold to avoid injury to materials in transit, stored materials, or work in place. 04 TEMPORARY WORK Each Contractor shall provide temporary centering, scaffolding, platforms, stairs, guards, runways, ladders, temporary bracing and shoring, barricades, partitions, enclosures and such other temporary work as may be necessary for the execution of the work and the protection of persons and property. Remove temporary work when the need no longer exists. 05 TEMPORARY FACILITIES a. Sanitary Facilities: The Contractor shall provide designated portable toilet facilities on the site, as directed by the Owner. The Contractor shall be responsible for venting and maintaining Section 0130 - Page 1 the facilities in their same order and shall be responsible for any or all damage to facilities caused by his or her work persons. b. Temporary Electricity: The Contractor shall provide portable generators for electrical energy. The Contractor shall be responsible for: 1. All temporary connections and associated costs, as well as their removal upon completion of the project. 2. Use only (GFI) grounded extension cords with waterproof connectors on all electrical cords. 3. Use "hard surface" extension cords where exposed to abrasive sources or heavy traffic. All damage to the existing system shall be repaired by the Contractor at his own expense. 4. The Contractor shall maintain lighting levels so as to comply with OSHA requirements. C. Temporary Water: The Owner shall provide water through the existing fire hydrant at no cost to the Contractor. The Contractor shall furnish temporary water lines, fittings, and antisiphon devices from existing fire hydrant to the demolition area and remove these lines and fittings upon completion of the project. The Contractor shall employ heavy -duty hoses with pressure rating greater than maximum pressure of the water distribution system in place. d. Temporary Office Space: The Owner shall not provide a space within the building to be used as a construction office. e. Telephone Service: The Contractor shall provide a cellular telephone for use. f. Scaffolding, Ladders, &Temporary Equipment: The Contractor shall, if necessary, provide all scaffolding, ladders, etc., as necessary to complete the work of this Contract. The type, erection, and use of all scaffolding, ladders, and other equipment shall comply with all OSHA standards. g. Provisions of Parking Space: An area shall be assigned to the Contractor for the parking of employee vehicles and equipment. No on street parking allowed. 06 JOB SIGNS a. The successful bidder shall provide and maintain all proper or necessary signs and lights as safeguards to the public and of the elimination of all hazards. This includes the correct and effective placement of snow fence, or similar barrier around the site. b. Each Contractor shall furnish and maintain temporary warning signs and other temporary signs required for the safe and proper execution of the work. C. Each Contractor shall not erect billboards, advertisements, or similar signs on the site, without the Owner's written permission and, if said permission is granted, they shall be in keeping with all applicable codes. END OF SECTION 0130 Section 0130 - Page 2 SECTION 0140 CLEANING UP 01 CONDITIONS OF THE CONTRACT The Conditions of the Contract (General, Supplementary and other Conditions) and the General Requirements (Sections of Division 1) are hereby made a part of this Section. The Articles contained in this Section may amend, modify, supersede, void or supplement the Articles of the General Conditions, Section 0080, and shall take precedence over the provisions of the General Conditions. 02 CLEANING UP Supplement Paragraph 4.16, AIA General Conditions: During the demolition, the structures, site and ,,ther dust causing items shall be wet to avoid all dust and airborne debris from scattering throughout the neighborhood. This facility at the end of each day, shall have no rubbish or trash be left laying around in the facility or on the site. At the end of each day, the property shall be secured by a security fence, and the site and buildings be left in a safe condition in case anyone should enter the remaining building site. Contractor is responsible for building and site until project is completed. It shall be each Contractor's responsibility t maintain p y o a ntaui a clean facility and site. If necessary, the Owner will notify the Contractor that clean -up of this debris is required. If not corrected immediately, the Owner wi11 do the clean -up and backcharge the Contractor for these costs. END OF SECTION 0140 Section 0140 - Page 1 SECTION 0170 DESCRIPTION OF ALTERNATESIUNIT COSTS 01 GENERAL INFORMATION Bidders shall submit Alternate Bids on each item listed below for their respective classification of Nvork. The amount of such Alternate shall be stipulated in the spaces provided in the Proposal Form and shall be added to or deducted from the Basic Proposal, as the case may be, in the event the Owner elects to accept the Alternate. The Owner retains the right to accept or reject any or all Alternates and in any order. At Contractor's option, and on separate paperwork, a Contractor can submit any other proposed options or alternates he /she feels would be appropriate for this project. The following description of the Alternates describes the extend of the work in general and is not intended to be a complete tabulation of the work which may be affected by these Alternates. Bidders shall carefully examine the Contract Documents and satisfy themselves as to the exact extent of the work affected by these Alternates. Detailed requirements may be specified in the various Sections of the specifications. 02 DEFINITION A. The unit cost is an amount proposed by bidders and stated on the bid form additional work for the construction activities that may be added to the base bid amount if the construction may need to be completed. 03 NOTIFICATION A. Immediately following the award of the Contract, prepare and distribute to each party involved, notification of the status of any extra work. Owner will indicate whether extra work will be completed, rejected, or deferred for consideration at a later date. Owner has the right to added extra work as per unit prices. 04 SCHEDULE A. A "Schedule of Unit Costs" is requested to be included at the end of this section. Unit costs shall be actual billing costs for all benefits and materials. GENERAL ni ost� Prices to include all costs of work or benefits and material to complete this phase of the project. These costs may be used for additional work at the discretion of the Owner. nit .ost� - Labor /material/equipment/in place cost Cost/cubic yard Clean gravel fill Select fill Black dirt END OF SECTION 0170 Section 0170 - Page 1 SECTION 0205 DEMOLITION PART GENERAL Li SCOPE a. Refer to General and Supplementary General Conditions. b. Work of this Section includes the demolition of one (1) eighteen unit three story apartment building, a nine (9) stall one story garage, concrete slabs, foundations, asphalt drives and parking areas, sidewalks, debris, dead trees and other miscellaneous items, (i.e.steps), as a part of the General Construction demolition. This Section shall remove all debris from the job site which shall be taken out as a part of this Section. C. Protect adjacent building and property, including utilities which are to remain or not be disturbed, from damage. d. CITY OF BROOKLYN CENTER REQUIREMENTS FOR WATER AND SANITARY SEWER DISCONNECTION 1. The sanitary sewer services shall be cut off at the property line, and the sewer capped with Fernco (or equivalent) coupling and cap and concrete thrust block. Mark with 4 -inch x 4 -inch post. Work to be performed by Master Plumber. 2. Water services have been disconnected at the property line. Water service shall be shut off at the curb stop. Verify with City of Brooklyn Center Water Department. 3. The city shall require notification prior to service removal so an inspection can be made. It shall be the responsibility of the successful bidder to obtain accurate measurements for all cut -off locations. e. OTHER UTILITIES Termination of gas electric, telephone or cable service shall be completed by or supervised by the utility company or unit owning the service. The successful bidder shall also secure the necessary permits for such work from the proper authority. Electric, telephone, cable television and other wires shall be disconnected in strict accordance.with the rules and regulations of the utility and city ordinances. All expenses arising from or in conjunction with the performance of the provisions of this paragraph shall be borne by the successful bidder. All utility terminations shall be completed and shall be approved by the Owner prior to issuance of a demolition permit by the city. f. Prior to any site demolition work or the start of any excavation work, Contractor to call for and locate all underground utilities, and have each disconnected at property lines. Section 0205 - Page 1 I PART 2: PRODUCTS Provide all necessary tools, equipment and labor to complete all building and site the required demolition work and for replacement materials. PART 3: EXECUTION a. To do all general construction demolition work required for the complete project without endangering existing adjacent construction. b. All usable materials, as well as debris (except material and equipment removed by the Owner prior to demolition or specifically shown on the drawings to be turned over to the Owner) shall become the property of this Contractor and shall be totally removed from the site as demolition progresses. C. All concrete materials shall be removed from the site. d. Asphalt or concrete can be hauled to a recycler if acceptable to Owner. Contractor is required to receive Owner approval and acceptance prior to hauling to plant. Contractor to furnish name /address /contact and telephone number of recycler. e. All demolition work required by other Contractors shall be done b y those Contractors unless specifically called for by the General Contractor on the drawings. f. It is this Contractor's responsibility to maintain a clean, safe site during demolition, free from dust, fire hazard, objectionable noises, odors, etc. Provide temporary duct closures at doors or other openings to maintain plant in a sanitary condition for operation. END OF SECTION 0205 Section 0205 - Page 2 SECTION 0220 EARTHWORK PART 1: GENERAL 1.1 SCOPE a. Refer to General and Supplementary General Conditions. b. Work of this Section includes the earthwork required to fill and level the site to finish status. It shall include but not be limited to the following: 1. Removal of an dead trees and y underbrush 2. All excavation and grading as required to level site 3. Placement of compacted fill as required 4. All necessary soil examination and coordination of soil testing required to determine soils conditions and compaction. 5. All final grading 6. Placement of black dirt for seeding all areas 7. It is the intent to remove no soils from the site. 8. Removal of all roots and stumps from all removed trees. C. Related Work: 1. No soils testing is a part of this Contract. This will be supplied separately by the Owner. Contractor to work with Owner for number and testing required 2 Seeding, Section 0280 PART 2: PRODUCTS 2.1 COMPACTIB E FILL All fill shall be formed from material free of vegetable matter, rubbish, large rock and other deleterious material. The type of fill, moisture content and other criteria shall be as established herein. Compactible materials shall be utilized. Site material for all areas may be of quality material and with the Architect's field approval. The Owner /Contractor will employ a full or part time testing agency for soils analysis and direction in the field along with density testing. As a soils specialist, this firm will maintain the analysis of soils for compaction and shall recommend the necessary methods to ensure proper densities. Reports shall be issued to the Owner and Architect as well as the Contractor. The Contractor shall be responsible for timely notification of the Soils Engineer to ensure testing is completed on all areas of the new building. Six compaction density tests will be required for each fill lift. Fill shall be formed from material free of vegetable matter, rubbish, large rocks and other deleterious materials. Fill shall be pit run gravel and meet the following criteria: Section 0220 - Page 1 Sieve Size Percent Passing 2 inch 100 '/a inch 25-65 o.4 5-40 No. 200 0-10 Fill shall be capable of compaction to a minimum of 95 percent of the standard proctor density. ASTM D698 -78 for the footing support of 3000 psf loading. Final bearing conditions shall provide for a 2000 psf bearing capacity. This compaction is set per general practices and shall not be used to build future buildings on site. Future compactions and soil borings for bearing capacity will still be required. 2 DIRT AND SOD Provide a minunum of five (5) inches of clean black dirt for all areas of the site called to have seed. 2.3 REM—OVAL ROT When earthwork has been performed on the removal route, the successful bidder shall restore to the original grade those areas that have been altered, such as roads, drainage ditches or cut banks in hills or hillsides. PART 3: EXECUTION 3.1 EXCAVATION a. Stripping: All foundations, footings, topsoil and /or vegetation shall be stripped from excavated areas and hard surface drive areas. b. Grades: It is the intent in final grading that the total site will be self - draining to the adjacent city streets. Notify the Aff-eie et/Owner if conditions arise where this does not appear correct. M T 3._ COMPACTION AND O PA D FILL E After excavation as previously listed, the underlying soil shall be entirely proof rolled to consolidate these natural soils and to check for soft or other conditions. This compaction shall be performed with a minimum ten (10) ton roller making a minimum often (10) passes. If pockets of unsuitable materials are encountered, they shall be reported to the Owner /Architect to verify if poor soils are to be removed and replaced with compactible fill. All soil conditions will be determined by the soils engineer. Replacement of poor soils would be by unit costs. After excavations of fill have been completed, proof - rolled and approved, install previously approved compactible fill in layers not to exceed maximum eight (8) inches in loose thickness and at moisture content to secure specified compaction. Each layer shall be uniformly compacted by means of suitable Section 0220 - Page 2 compacting equipment of the type required by the materials composing the fill. Material containing an excess of water so the specified compaction limits cannot be attained should be spread and dried to a moisture content which will permit proper compaction. Compaction shall be obtained with a tamping roller or with approved type of vibratory compactor or with approved hand tamping foot. The tamping roller shall be capable of providing at least 200 psi on each tamping foot. Each layer of soil shall be compacted until there is no evidence of further consolidation and a minimum of 95 percent by standard proctor density test. All backfill is to be placed at the same time and level, in equal lifts, up to the rough exterior grades. Should the results of the in -place density tests indicate that the specified compaction limits are not obtained, the area represented by such tests shall be re- worked and re- tested as required until the specified limits are reached. These costs will be paid for by the Contractor. 3.3 EX .Ci TION AND CLEAN UP The Contractor shall be aware of and comply with work conditions of other trades. The Contractor shall closely coordinate his work with the Architect and Owner. 3.4 GRADE RESPONSIBILITIES It is the responsibility of this Contractor to maintain all grades as established to drain site to public streets. No ponding of water allowed. 3.5 TEST The Owner will provide a soils engineering company that will provide the testing as required to ensure proper compaction. Test reports shall be furnished to the Owner, Architect and Contractor. END OF SECTION 0220 Section 0220 - Page 3 SECTION 0280 SEEDING PART 1: GENERAL 1.1 SCOPE a. Refer to General and Supplementary General Conditions. b. Work of this Section includes all seeding. Seed all regraded or damages areas. PART 2: PRODUCTS 2.1 MATERIALS All materials shall conform to the following requirements: a. Seed shall be composed of Special Park Mixture to e b Northrup P P y o p Kmg or equal. Percentage of Mixture (by weight) 35 percent Aquila Kentucky Bluegrass 15 percent Park Bluegrass 30 percent Ruby Creeping Red Fescue 10 percent Atlanta Red Fescue 10 percent Penn Fine Perennial Rye Grass Provide 97 percent minimum pure live seed with 80 percent minimum germination. b. Fertilizer shall be a commercial formula, containing minor trace elements and conforming to applicable State Fertilizer PP hhzer Laws. Fertilizer for seed areas shall contain at least the minimum analysis of 20 percent phosphoric acid and 20 percent water soluble potash (0- 20 -20). C. Grass seeded areas to be protected with a shredded straw mulch. PART 3: EXECUTION 3.1 FERTILI INCT a. All areas to receive seed shall be first rototilled and raked smooth with proper drainage slopes. (No water ponding pockets.) b. Fertilizer er shall be applied to the properl Pp p p y prepared bed with a mechanical spreader and shall be thoroughly mixed in. Fertilizer must be dry and free flowing when applied. Caked or deteriorated materials will not be permitted. C. Fertilizer shall be applied at the rate of 220 pounds per acre. Section 0280 - Page 1 3 2 SEEDING In all other surface areas that have been disturbed by construction operations or did not previously have a pasture type surface shall be treated as follows: a. The existing topsoil shall be tilled and leveled to provide a general level base. b. After levelling, the area shall be seeded with seed composed of Special Park Mixture by Northrup King or equal. C. Follow seeding with fertilizer of commercial formula. Refer to 3.1 Fertilizing. d. If necessary, water seeded area to establish an initial growth to eliminate any erosion and to provide for a future prairie type grass area. 3.3 GRASS SEEDING PROTECTIVE OV RIN r This Contractor may provide protective covering as desired to insure that seed stays in place to allow for a good growth. 3.4 WATERING AND MOWING Watering of all turf areas shall be performed by the Contractor as necessary to assure that seeded areas are uniformly moistened and maintained in a moist condition until the work has been approved by the Architect and responsibility for maintenance is accepted by the Owner. 3.5 EST ART I HMFNZ AND R PLA EMENT a. Any seeding which fails to become established after one (1) month from installation shall be replaced in the proper season at the Contractor's expense. b. Adequate stand shall be considered 11 to 15 seedlings per square inch. END OF SECTION 0280 Section 0280 - Page 2