HomeMy WebLinkAboutProject PacketCITY OF ORON #7a.s
SUBDIVISION APPLICATION FORM
APPLICANT Name R k 'qp'ra
Mailing
date -ec' d 3
by
feet' r �. 00
Telephone 93Y- 633(f
Address 5^333 OM4t 51oe= V9. 111ff4 ss'3"
PROPERTY Name Yl�
OWNERS Mailing
Address
(Attach list of more than one)
PROPERTY LOCATION
Street Address l/y0
Legal Description
("ID)
EXISTING LAND USE
Number of Tax Parcels
Development- Size
Present Use (check)
l�c:res Dry Land
~res Wet Land
.'es Total, all parcels
,idential; no, of units
Other (specify)
Present Zoning Dist.
PROPOSAL lot line rearrangement only (no new building sites)
✓subdivision for new building sites
number of building sites: / existing units
?.-- new units
proposed gross density total units units per acres
minimum lot size: square feet dr)• buildable land
proposed use: (check) ✓ residential
other (specify)
MINIMUM MATERIAL NECESSARY FOR COMPLETE APPLICATION
,Must be submitted 10 days prior to Planning CommLssiun meeting)
1 jpplication COMpleted
`,. Applicatiun tee per current ft.c! schedule;
Preliminary Plat information on
sketch plan unly $i00.00
a ccrtif iCJLC of survey
Certified Property "ter's list of
C)
2 lot prelim. plat S25U.00
owners within 1,501 - from tirnnePin
Co. Dept. of ,Finance A-603 Govern-
� 3+ lot prelim. plat $140 . 00
ment Center
_
( sketch plan included) +$20 / lot
Stasnped, legal sized envelopes 01h)
_ Additional improvement
fees fee
pre addressed to each of the nanies on
rt.:view per
the above li,t.
scheduieS
Dot^� 4 8 3 -- APPLICAN'::1
S I,N'A;'U1!:'
- - - -
�/3 .3 OWNER t S SIGNATURE _..
DATE ---♦♦+------- _-�--.._�_ ____
Applicant hereby agrees to provide
all intormaltion et.luired or rerluested by
the Zoning txdminist rator, City En..1
ins• -r-, L. i ty Attorney, Planniny Commission
and Council process
%,.n�-Q�tion and further agrees to pay
all addition acf�e`ytrest�Lli®hedbyhurd,it
6%-" - 41004#-
S&,& -2-,ttz4k.4.,
EnT R a 6
3 O
i
PUN DATE 03/21,"83 _
HE
•
BATCH 306
38 03-117-23 13 COOS
•
PROP ADF '
M'NER NAME
LONSEIDGE ASSOCIATES!
TAXPAYER
LONGP.IDGE ASSOCIATES
NAME/ADDR
15407 MC GINTY RnAD
�.
WAYZATA MN 55391
{�
38 03-117-23 31 00
PROP ADDR
00445 BROWN RC S
O::tiEP NAME
ERIC H SMITH ETAL
TAXPAYER
EPIC H SMITH
NAME/ADDR
445 SO BROWN PD
LONG LAKE tTl 55356
38 03-11' :3 41 0001
PROP ADDR
OW'IER NAME
EDNA C MAC MILLAN
TAXPAYER
EDNA C MACMILL.AN
NAt:E/ADDR
% DE BILLBE DEPT 28
P 0 BOX 9300
MPLS 114 55441
38 03-117-23 42 0302
?RCP ADDR 01850 FOX
OWNER NAME WM L WALDRON ETAL
TA?'PAYER WILLIAM L WALDRON
NAY.E/ADDR 1880 FOX ST
WAYZATA MN 55391
EP N Ol1(TY PROPERTY INFORMATION SYSTEM
) PROPERTY OWNERS LIST
Z 38 03-117-23 14 0001
C= CARGILL MAC MILL04 JR ETAL
0 LDU,RIDGE ASSOCIATES
D E BILLBE DEPT C8
P 0 BOX 9300
0 MPLS Ml 55440
1--
58 03-117-23 31 0002
V 00465 ePL!W,4 RD S
KARL J SILBEPMANN ETAL
VARL A EkE'.ERLY SILBEPVAN14
465 SO DROW4 PO
WAYZATA Vt4 553,11
38 03-117-23 41 0003
017C0 FCK ST
CPAICSAKX ASSOCIATES
CRAICDANK ASSOCIATES
PO EDr; 9300
MPLS MN 55ti40
38 03-117-23 42 0007
WILLIAM L WALDRON ETAL
WILLIAM L WALDRON
1880 FOX ST
WAYZATA MN SS391
PEP0.47 NO.
PAGE 10
38 03-117-23 24 0004
KENDALL A MIX ETAL
E J CALLAHAN JR
300 FO"r)tE FLOG
MPLS tMl S5,02
36 03-117 ^3 31 OCC3
�+ C0585 E"CN'l PO S
> CARTHA F:+STER
MARTHA D VASTER GUArCIAN
OF MA=THA :ASTER
2600 CA!CO FOIa:T RD
WAYZATA M4 S5391
38 03-11'-;3 4� 0071
00�_0 PoC' N RO S
L D FaCER A A R PACER
LAPPY D A ALIN& P BADER
:.I 4Z'0 S BFCPD
WAYZATA !�'l 55341
TOTAL PATCH OC6 C^Cll
I CERTIFY THAT THE FACTS REPRESENTED ARE AV ACCUFATE AND TR;'E
REPPESENTATION OF IN`OPMATICN AS IT APPEARS THIS DATE ON THE REC;=CS
OF THE HENNEPI4 COUNTY DEPARTMENT OF PRCPERTY TA,.ATION, TO THE CEST
CF MY KN3WLEDGE AM BELIEF.
DATE,*:S /
c 11
P 3)
FI
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AI
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.o
-
0
o
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(3oZS) (y)
S 89.50 31 F w' - ?s
WALDRON ADD'
^lb
/7
CITY OF ORONO
NOTICE.
The Planning Commis -ion will hold a Publ'.c Hearing in the
Orono Council Chambers at 1275 South Brown Road on Monday,
April 18, 1983 at 7:30 P.M. on the matter of I..arry Bader's
application for a proposed 3 lot residential subdivision of
property located at 420 Brown Road South.
All persons wishing to be heard will appear at this time.
Written comments are solicited. Plans are available for
review in the City Offices.
City of Orono
By: Planning Commission
Jeanne A. Mabusth
Zoning Administrator
Publish in the April 6, 1983 Sun Newspaper
LAKE MINNETONKA SUN
AFFIDAVIT OF PUBLICATION
NORTH SHORE EDITION
840 East Lake Street
State of Minnesota
County of Hennepin
Wayzata, Minnesota
U K MORTE:NS0% tieing duly sworn mn oath sacs he is and during all tiinrs here stdtrd ha+ been the
vice president and general manager of the newspaper know as The lake ►4lnnrlonka Sun North Shore
Edition and has full know ledge of the !..leis herein stated its follows Ol t Said newspaper is printed in the
English language in new -paper format and in column and sheet form equi%alent in printed space tat at
least 900 square inches ,21 Said newspaper is weeklc and is distributed at least once rvery week 131 Said
newspaper has SO% of its news columns devoted to news if local interest to the etimmunits which it
purports to serve and dors not wholly duplicate any other publication and in not nidde up entirely of
patents, plate matter and .tdvertisemenls N1 Said newspaper is circulated in end near the
municipalities which it purports to serve. has at least 300 copies regularly delivered to paying
subscribers. has an ave, age of at least 7314 of its total circulation paid or no more than three months in
.irrears and has entry as second-class matter in its local post office 151 Said newpaper purports to serve
Wayzata Orono Medina. Mound. Plymouth. Spring Park Minnetonka Beach Minnetrista, Maple Plain
and long Lake in Hennepin County and it has its known offity' of issue in the city% of Wayzata in Hennepin
Counly, established and open during its regular business hours for the gathering of news sairs o'
advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or
persons in ils employ and sub)ect to his dirrt•tiun and control during all such regular business hours and
devoted exclusively during such regular busmess hours to the business of the newspaper and busines,
related therein 161 Said newspaper files a copy of each issue immediately with the State Historical
Sociely 171 Said newspaper is made available at single or subscription prices to any prrwn. corporation
partnership or other unincorporated Pssncidtinn requesting the newspaper and making the app!irable
payment fgi Said newspaper has complied with all foregoing conditions for at least one year preceding
the day or dales of publication mentioned below 19, Said newspaper has filed with the Secretary of Mate
of Minnesota prior to January 1 If►S6 and each January I thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the managing officer of said newspaper and sworn to Wore a
nolary public stating that the newspaper is a ;egal newspaper
oNlrlal hMleasNr m
CITY Ot ORONO
NOTIct
Tht Planning Cornmission will hold
a Pubhc Herring in the Orono Council
i hambers at 117s South grown Road
on Mondry. April 14. 1981 at 7 tfo P M
on the matter of Ls. r • Hader 5 ap•
p1wition for a pro- wta 1 lot residen
ltal subdivision of properU located at
420 Brown Red South
A11 persons wishing to tie heard will
.,prior at this time Written com
nents are soltuted Plans are avail•
able for review in the City Offices
City of Orono
H>> I'lammnr w l ommissn
JF.AVVE A MABt STH
Tinning Administrator
,Apn1 A 19631 LAKE.
.a. .. ur..� . .
and Long Lake in Hemiepin County and it has its known office of issue in the City of Wayzata in Hennepin
County. established and open during its regular business hours for the gathering of newssales o'
advertisements and sale of suhsc•riptions and maintained by the managing officer of said newspaper or
persons in its employ and subp•c•t to his direction and control during all such regular business hours and
devoted exclusively during such regular husmes% hours to the business of the newspaper and business
related thereto till Said newspaper files a copy of each issue immediately with the Slate Historical
Society (7) Said newspaper is made ac dilabir it s:ngle or subscription price% to an) person. corporation.
partnership or other unincorporated e4soc•iation requesting the newspaper and making the applicable
payment rat Said newspaper has complied with all foregoing conditions for at least one year preceding
the day or dates of publication mentioned below to, Said newspaper has filed with the Secretary of Rate
of Minnesota prior to January 1 1966 and Path January 1 thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the m+inaging offiver of said newspaper and sworn to before a
notary public slating that the newspaper is d legal newspaper
He further states ,.n oath that the printed NQ.Li_ae ..Qf_.i'_ljbjjr.-. _firj _
hereto attached as a part hereof was cot from the columns of said newspaper and was printed
and published therein in the V1191jsh language: once each week for_Q=1.pisuccr•+nc• weeks
that it wars flrsl .o puhhshed on Wed thi• 6 day of orki . loss_. 83
and was the-re•.iltcr priole•d and puhlished tit rimy to and including
the day of 19 and that :hc following t% a printed copy
of the lower case alphabet from A to 7. Moth one lu•ci a mid i, her0i acknow lydgrd a. bring the size and
kind tit type used in the vomposittrn and puhlii almn of and notirr to wit
iM AriKhVk:nougnii.tui w . � i
sob,, rthrd ud •Aori, bi helm, no• this
a
1
t
% �� f: rf e �
f
,i,,i .1 April 19 83. _
I
a L 0 C
�4 All
OUT L L
--4
SCALE 114 MY
'. of"OTES M" momm"T
KAMf4S SHO" ARE ASSUMED
.4 t.
.6 SW
GORDON R. COFFIN CO. INC.
[4-,ifJfR, lb LAND SURVEYORS
ILONG L ARF, MtN%E SC'IA
) t .
I SPECIFICATIONS
I FOR THE
� STREET
i IMPROVEMENTS
� OF
STRONGHOLD
� GORDON R.COFFIN CO., INC.
' LONG LAKE, MINNESOTA
Section 0001
Uk
TITLE PAGE
SPECIFICATIONS 7`OR TIC
STREET IvFRO'dSXytiTS CF
STRONGHCLL
CRONO , MINNESOTA
Gordon R. Coffin Co., Inc.
302`, waterto.n Road
Long Lake, Minnesota
Commission. No. 81-81
Septer:iber 19, 19el
I hereby ^erti:;- that tnis clan,
soe,-lft atior., or report waE pre-
pared by me cr inder .:v moire t
supervision. A=4 t^,xt I ar.. a
Re¢ia tared Wirw:ir under the
laws c-f Ste:.e o= •"r.nesota.
�.
Section 0010 TABLE OF CONTENTS
'
Section Title
Number of Pages
in
PROJECT IDENTIFICATION
,I
0001 Title Page
1
NO
0010 Table of kontents
I
�y
BIDDING REQUIREMENTS AND FORMS
F4
0030 Invitation for Bids
1
0035 Instruction to Bidders
9
0040 Proposal Form
3
CONDITIONS FOR THE CONTRACT
0080 General Conditions
1
1910-8 General Conditions of the Contract for
Construction, NSPE Document 1910-8
27
«.
0090 Supplemental General Conditions
2
of
The General Conditions, Supplemental
M
General Conditions, and Special Conditions
apply to the work of all sections as fully
as if typed therein in the Article GENE -:AL
for each section.
dO
TECHNICAL SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
r
0101 Special Conditions
1
r�
DIVISION 2 - SITE WOkK
r
0258 Excavation and Grading
1
to
r
•r
Section 003C Invitation for Bids
Rtxton R. Strong invites qualifiad bidders to submit unit price bids for
furnishing the necessary labor, ma`-arials, and equioment for construction
of approximately:
45C cubic yards muck excavation
2250 cubic yards common excavation
5CO tons class 2 crisred rock
along with culverts and clearing and grubbing.
°ids will be received for a single Prise Contract for all wort. -=der the
Contract Doc�:merts. Contractor's bids for this oro.'ect shall Lc Lased upon
the plans and soecificst'_ons prepared by ;ordon R. Coffin Co., Inc., 3C25
Waterto..r. Ficad, :ong :.ake, Minnesota 553562 and the Contract Documents.
Contra(-tor's sealed bids will be received by Ruxtcn R. Strong and prig•^.tall
opened.
The deadline for submf iting bids is 2:OC P.M., C.D.S.T., on Cctober 9, 1981,
although the Owner reserves the right to extend the time in which to receive
bids with or without notice to Bidders or prospective Bidders.
Snve> )es containing bids must be sea-'--!, -rust be marked 11?RCPGShiS" on the
upper aft hand corner, must include t a name and address of the bidder and
be addressed to:
Gordon R. Coffin Cc.
3C25 Atertown Road
:,ong :.ake, MY 55356
Sach Bidder rust acccmaany ^is oroposal with a Casnier's Check, Bid 3ond, or
Certified Check equal tc 5% of V'e amount of the Propcsal and made payable to
Ruxton R. Strong, the Cwner, as s taarar.tee of oror:pt execution of thti :ontrset
in accordance with the ?r:,posal and Cortmet Documents, and as a -varantee that
he will furnish 'coral acceptable to the Cwner eoverin,; performance of the
Contract.
Copies of .he olans, soecifi^ations, and ot':er "cntract Documents :re on file
Jr. the offi^e of :.orlon R. Coffin, snd are svaila�le for ^ubbic inspection.
Prime Contractors may obtain a set of t;ne doclLmer.ta. upon decosit of :;15."C,
whi^h will be refunded tc all bona Fide bidders upon retLrn of the :ersmerts
Jr. wood condition within ten (!'' days after receipt of bids.
Bids ma;; not be withdrawn wi whin sixty �-Gda.ys -after t.-.e scheduled ^losing
time for receiving Lids. RLxton R. Str^ng reserves the r:.-r.t r;, re!art any
or all bids and to waive anv irre :larities in 'tiffs.
w Ration W35 INSTRUCTION TO BIDDERS
1. Defined Terms.
Ul Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract, NSPE-ACEC Document 1910-6, CSI
!" 56465 (1978 editions) have the meanings assigned to them in the General Conditions.
The term "Successful Bidder" means the lowest, qualified, responsible Bidder to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
.. award.
2. Copies of Bidding Documents.
'- 2.1 Complete sets of the Bidding Documents in the number and for the deposit
stun, if any, stated in the Advertisement or Invitation may be obtained from
Eratineer (unless another issuing office is designated in the Advertisement or
rw Invitation to Bid). The deposit will be refunded to Bidders who submit a bona
Nd fide Bid and return the Bidding Documents in good condition within ten days after
opening of Bids.
w
2.2 Complete sets of Bidding Documents shall be used in preparing Bids;
neither Owner nor Engineer assume any responsibility for errors or misinterpreta-
tions resulting ' am the use of incomplete sets if Bidding Documents.
ON
�re1 2.3 Owner and Engineer in making copies of Sidling Documents available
an the above terms do so only for the purpose of 3btaining Bids an the Work
«�. and do not confer a license or grant for any )ther %ise.
rw 3. Qualifications of Bidders.
3.1 The Owner reserves the right to ansider the competency sna responsibilito
of a Bidder in asking an award. This consideration may include, but is not
limited to, (i) proof of financial responsibility, (ii) quality if similar w,rk,
tiii; amount of experience with similar irojects, (iv) facilities, personnel and
r equipment, (v) reputation for performance including service after substantial.
completion, (vi) capability to complete t: work an time, and (vii irtegrity 3f
the Bidder.
3.2 It wner reserves the right to make any Investigations necessary t,%
satisfy itself that the Bidder is properly qualified to perform the Work. wa
demonstrate qualifications to perform the Work, each Bidder must be prepared to
... submit within five (5) days of <)wner's request written evidence if financial
responsibility, pravi ua experience, facilities, ^ersonnel and equipment, and
evidence of authority to conduct business in the jurisdiction where the ?ra:ect
is located. Each Bid must contain evidence of Bidder'- vial+l:cation t; Jo
business in the state where the Troject is located, or c.;enant to obtain such
qualification prior to award of the contract.
J
_i
.,is 3"t4om 0035 INSTRUCTION -0 BIDDERS
1. Defined Terms.
E" Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract, NSPE-ACEC Document 1910-8, CSI
56465 (1978 editions) have the meanings assigned to them in the General Conditions.
„ The term "Successful Bidder" means the lowest, qualified, responsible S H—Per to
whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an
s• award.
2. Copies of Bidding Documents.
~ 2.1 C plate sets of the Bidding Documents in the number and for the deposit
sum, if any. stated in the Advertisement or Invitation may he obtained from
Engineer (unless another issuing office is designated in the Advertisement or
r Invitation to Bid). The deposit will be refunded to Bidders who submit a bona
ed fide Bid rid return the Bidding Documents in good condition within ten days after
opening of Bids.
2.2 Complete sets of Bidding Documents shall he used in preparing Bids;
Me neither Owner nor Engineer assume any responsibility for errors or aisinterpreta-
tions resulting from the use of incomplete eats of Bidding Documents.
r
Is* 2.3 Owner and Engineer in asking copies of Bidding Documents available
on the above terns do so only for the purpose of obtaining Bids on the 4ork
r� and do not confer a license or grant for any other use.
ar
3. sLifiC&t'ons of Bidders.
. "he Owner reserves the right o consider the competency and responsibility
of a Bidder in making an award. rh:s :onsideration may include, Sur -.s not
limited to, :0 proof of financial responsibility, (ii) quality .of similar work,
;iii) mount of experience with similar protects, (iv) facilities, personnel and
{„r equipment, (v) reputation for performance, including service after substantial
:ompletion, (vi) capability to complete :he work ,gym time, and (vii) integrity 4f
mow :he Bidder.
3.: :The Owner resp.- 4 "it runt to make any inves t igat ions necessary to
satisfy itself that the 3ilder is properly qualified :J oerf:rm :he Work. To
demonstrate qualifications to perform the Work, each 3idder nust he prepared to
�. sub -zit within five (5) days of Owner's request written evidence if financial
responsibility, previous experience, facilities, personnel and equipment, +end
evidence of authority to conduct business in -:e jurisdiction where ''.e Protect
is located. Bach did must Contain evidence of Bidder's qualification to do
husiness in the state where the Project is located, or zavenant to obtain such
jualification prior to awar3 of the contract.
so
go
3.3 The Owner reserves the right to reject any Bid if the evidence
M� submitted by, or investigation, of such Bidder fails to satisfy the Owner that
such Bidder is properly ^tialified to carry out the obligations of the contract,
and to comolete the wo )ntemplated therein.
to
+. Examination of Can, zt Documents and Site.
4.1 Before submitting a Bid, each Bidder must (a) examine the Contract
A Documents thoroughly, (b) visit the site to familiarize himself with Local
# conditions that may in any manner affect cost, progress or performance of the
Work, (c) familiarize himself with federal, state and local Laws, ordinances,
ON rules and regulations that may in any manner affect cost, progress or performance
Ir of the Work; and (d) study and carefull-- correlate Bidder's observations with the
Contract Documents.
A
4.2 Reference is made to the Supplementary Conditions for the identification
of those reports of investigations and tests of subsurface and latent physical
conditions at the site or otherwise affecting cost, progress or performnce of
A the Work which have been relied upon by Engineer in preparing the Drawings and
Specifications. Owner will wake copies of such reports available to any Bidder
requesting them. 11hese reports are nct guaranteed as to 3ccurac;.1 or completeness,
nor are tney part of the Contract facu-nents. Before submitti.g ais Bid, each
Bidder wi.1, at his own expense, make such additional investigations and tests
as the B;'+er may deem necessary to deter -mine his Bid for performance of the
Work in oraance with the time, price and other terms and conditions 3f the
Contract Doc,r..ats.
4.3 On request Owner will provide each 3idder access to the site to conduct
such investigations and
tests
as each Bidder
.deems necessary for submission of
N
his Bid.
p.
4.4 The lands ipon
which
the Mork is to
be performed, rights -of -way for
access thereto and other
lands
designated for
use by `ontractor in performing
~"
the Work are identified
in the
Supplementary
onditions, ;ener3l Requirements
or Drawings.
y.5 The submission of a Bid will constitute an incontrovertible representa-
tion iy the Bidder that he has complied with every requirement of this Article j
and that the Contract Documents are sufficient in scope and detail to indicate
«. and convev understanding of all terms and conditions for performance of the Work.
interpretations.
All questions about the meaning or intent of the Contract Oocumenti shall bt
submitted to Engineer in writing. Replies will be issued by addenda mailed )r
delivered to all parties recorded tiv Engineer as having received the Bidding
Documents. )uestions received less than two .days prior to this date for opening
of Bids will not be answered. Only juesti:�ns answered by forma. written Addenda
will be binding. Or31 and -)then interpretations or clarifizations will be
without legal affect.
.r
6. Bid Security.
6.1 Form of Security. Bid shall be accompanied by a Bid Security in
accordance with these requirements. The Bid Security shall be pledge that the
w Bidder will enter into a contract with the Owner on the terms stated on his
Bid, in accordance with the Contract Documents, and will furnish the required
Performance Bond.
6.2 The Bid Security shall be in the form of a certified or cashier's
check or a Bid Bond issued by a Surety meeting the requirements of paragraph 5.1
of the General Conditions. The Bid Security shall be made payable to the Owner.
6.3 Bid Bonds shall be duly executed by the Bidder as principal, issued by
a corporate surety company authorized eo do business in the State of Minnesota,
'Y~ with a current copy of Power of Attorney of the Attorney -In -Fact who executes
the Bond on behalf of the surety attachea, as well as proper acknowledgements.
The Power of Attorney shall be dated the same date as the 3id.
f•
6.4 The amount of the Bid Security shall be five oer.ent (5'%) of the Bidder's
maximum Bid price.
It"& 6.5 Retention of Bid Securit_+. The Owner shall have the right to retain
;te the Bid Security of Bidders until: (a) The contract has been executed and the
required Bonds have been furnished, or (b) The specified time has elapsed so
that the bids may be withdrawn, or (c) All. 31ds have been rajected. Therhafter,
Bid Security in the form of checks will be returned to Bidders and Bid Bonds
returned upon request of the Bidder.
6.6 Forfeiture of Bid Security. Should the Bidder be awarded a Contract
and fail or refuse to execute and deliver the Contract anL-: Performance Bonas
required within fifteen (15) days after he has received notice of the acceptance
of his Bid, he shall forfeit to the Owner, as liquidated damages for such '.ilure
y, or refusal, the security deposited with his Bid. In the event the Contra,-t has
not been prepared for signature within fifteen (15) days after notice o4 award,
the Bidders shall have three (3) days after .t is prepared and )ffered to execute
the Contract and provide the Performance Bond.
Contract Time.
The lumber if days -within which, or the date by which, the Work is to be
:ompleted (the Contract Time) is set forth in the 3id Form and will be included
in the Agreement.
3. Liquiiatad Damages.
?r0vi313n3 for liquidated damages, if any, are set forth in the Agreement.
3-
9. Substitute Material and Equipment.
The Contract, if awarded, will be on the basis of material and equipment described
in the Drawings or specified in the Specifications without consideration of
possible substitute or "or -equal" items. Whenever it is indicar.ed in the Drawings
or specified in the Specifications that a substitute or "or -equal" item of
material or equipment may be furnished or used by Contractor if acceptable to
Engineer, application for such acceptance will not be considered by Engineer, until
after the "effective date of the Agreement". The procedure for submittal of any such
application by Contractor and consideration by Engineer is set forth in paragraphs
6.7, 6.7.1 and 6.7.2 of the General Conditicns which may be supplemented in the
General Requirements.
10. Subcontractors, etc.
10.1 If the Supplementary Conditions require the identity of Certain
' Subcontractors and other persons and organizations to be submitted to Owner in
advance of the Notice of Award, the apparent Successful Bidder, and any other
Bidder io requested, will within seven days after the day of the Bid opening
,,. submit to Owner a list of all Subcontractors and other persons and organizations
(including chose who are to furnish the principal items of material and equipment)
proposed for those portions of the Work as to which such identification is so
required. Such list shall be accompanied by an experience statement with
pertinent information as to similar projects and other evidence of qualification
" for each such Subcontractor, person and organization if requested by Owner.
If Owner or Engineer after due investigation has reasonable objection to any
proposed Subcontractor, other person or organization, either may before 3iv:ng
the Notice of Award request the apparent Successful 3idder to submit an
acceptable substitute without an increase in Bid price. If the apparent
Successful Bidder declines to make anv such substitution, the contract shall
not be awarded to such Bidder, but his declining to make any such substitution
will not constitute grounds for sacrificing his lid Securit?. Any Subcontractor,
other person or organization so listed and to whom Owner or Engineer does not
make written objection prior to the giving of the Notice of .award ui11 be
ieenwl acceptable to Owner and Engineer.
10.2 In contracts where the Contract ?rice is on the basis of Cost -of -the -Work
Plus a Fee, the apparent Successful Bidder, prior to the Notice of Award, snal'.
identity in writing to Owner those portions of the Work that such Bidder prcooses
to subcontract and after the Notice of Award nav onl•, subcontract other portions
of the Work with Owner's written consent.
10.3 No Contractor shall be required to emplov any 3ubcontractDr, )then person
or organization against whom he has reasonable cb;ecc.on.
_,-
PR
11. Bid Form.
11.1 The Bid Form is attached hereto; additional copies may be obtained
from Engineer.
11.2 Bid Forms must be completed in ink or by typewriter.
11.3 Bids by corporations must be executed in the corporate name by the
r+ president or a vice-president (or other corporate officer accompanie,1 by
w
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
.. and state of incorporation shall be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the
official address of the partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
ns
11.6 The Bid shall contain an acknowledgement of receipt of all :addenda
(the numbers of which shall be filled in on the aid Form).
"m 11.7 The address to which communications regarding the Bid are to be
Id directed must be shown.
P" 12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Invitation to Bid
r,.. and shall be included in an opaque sealed envelope, marked w4.th the Project title
and name and address of the Bidder and accompanied by the Sid Security and other
required documents. If the Bid is sent through the snail or other delivery system
the sealed envelope shall be enclosed in a separate envelope with the location
"BID ENCLOSED" on the face thereof.
13. !Modification and Withdrawal of Bids.
13.1 Bids may be modified or withdrawn by an appropriate-acument du17
executed (in the manner that a Bid must be executed) and delivered to the place
where Bids are to be submitted at any time prior to "he )pening Bids.
-- 13.2 If, within twenty-four hours after Bids are opened, any Bidder files
a duly signed written notice with Owner and promptly the,eafter demonstrates
to the reasonable satisfaction of Owner that there was a material and substantial
aistake in the preparation of his Bil, that Bidder may withdraw his Bid and the
Bid Security will be returned. Thereafter, that 9idder will be disqualified
from further bidding on the Work.
-5-
14. Opening of Bids.
(Cross out inapplicable word) Bids will be opened (-rw iM&0 (privately).
- 14.1 When Bids are opened publicly they will read aloud, and an abstract of
the amounts of the base Bids and major alternates (if any) will be made available
after the opening of Bids.
14.2 When Bids are opened privately, an abstract of the same information
will (not) be made available to Bidders within seven days after the date of
Bid opening.
en. S. Bids to Remain Open.
P
All Bids shall remain open :or sixty days after the day of the Bid opening, but
Owner may, in his sole discretion, release any Bid and return the Bid Security
prior to that date.
' 16. Award of Contract.
16.1 Owner reserves the right to reject any and all Bids, to waive any and
all informalities and to negotiate contract terms with the Success`.ul Bidder, and
the right to disregard all nonconforming, nonresponsive or conditional Bids.
Discrepancies betve•n words and figures will be resolved in favor of words.
Discrepancies between the indicated sum of any column of figures and the correct
sum thereof will be resolved in favor of the correct sum.
16.2 In evaluating Bids, owner shall consider the qualifications of the
' Bidders, whether or not the Bids comply with the prescribed requirements, and
alternates and unit prices if requested in the Bid forms. It is Owner s intent
to accept alternates (if any are accepted) in the order in which they are listed
' in the Bid form but Owner may accept them in any order or combination.
lh.' Owner may consider the qualifications and experience of Subcontractors
' and other oersons and organizations (including those who are to furnish the
principal .6%ms of material or equipment) proposed for those portions of the Work
as to which the identity of Subcontractors and other persons and organizations
must be submitted as provided in the Supplementary Conditions. Operating costs,
maintenance considerations, performance data and guarantees of aateria13 and
equipment may also be considered by Owner.
16.4 Owner may conduct such investigations as he deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications
and financial ability of the Bidders, proposed Subcontrctors and other persons
and organizatins to do the Work in accordance with the Contract Documents to
Owner's satisfction within the prescribed time.
-6-
16.5 Owner reserves the right to reject the Bid of any Bidder who does
not pass any such evaluation to Owner's satisfaction.
16.6 If the contract is to be awarded it will be awarded to the lowest
Bidder whose evaluation by Owner indicates to Owner that the award will be in
the best interests of the Project.
16.7 If the contract is to be awarded, Owner will give the Successful
Bidder a Notice of Award within sixty days after the day of the Bid opening.
17. Performance and Other Bonds.
Paragraph 5.1 of the General Conditions and the Supplementary Conditions Set
forth Owner's requirements as to performnce and other Bonds. When the Successful
Bidder delivers the executed Agreement to Owner it shall be accompanied by the
required Contract Security.
18. Signing of Agreement.
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by at least three unsigned counterparts of the Agreement and all other Contract
Documents. Within fifteen days thereafter Contractor shall sign and deliver at
least three counterparts of the Agreement to Owner with all other Contract
Documents attached. Within ten days thereafter Owner will deliver all fully signed
counterparts to Contractor. Engiaeer will identify those portions of the Contract
Documents not fully signed by Owner and Contractor and such identification shall
be binding on all parties.
19. Applicable Laws.
The Contract Documents and the construction hereby contemplated, are to be
governed at all times by applicable laws, rules and ordinances of the Federal
Gcorernment, the State of Minnesota, and its municipalities, or other authorities
having jurisdiction over the Project. These laws, rules and ordinances include,
but are not limited to, the current provisions of the following:
1. Williams -Steiger Occupational Safety S Health Act of 1970, Public Law
91-596; Part 1910 - Occupational Safety 6 Health Standards, Chapter XVII
of Title 29, Code of Federal Regulations; Part 1926, Safety and Hea th
Regulations for Construction, Chapter ?CVII of Title 29, Code of Federal
Regulations.
2. Minnesota Occupational Safety 6 Health Act of 1973; Rules and Regulations
of Department of Labor and Industry; Minnesota Occupational Safety
Health Codes.
3. Minnesota Mate Board of Health Regulations.
, , 1
1-0
20. Nondiscrimination.
20.1 It is the policy of the Owner to promote equal opportunity of employment,
without discrimination based on race, religion, color, sex or national origin.
20.2 During the performance of this contract, Bidder (and Contractor) agree
as follows:
1. The Contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The Contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without
regard to their race, color, religion, sex or natural origin. Such
action shall include, but not be limited to the ' 'loving: employment,
upgrading, demotion, or transfer, recruitment oc cruitment advertising;
layoff or termination; rates of pay or other forma of compensation; and
selection for training, including apprenticeship. The Contractor agrees
to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitatior.s or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex or natural origin.
3. The Contractor vi.11 send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union oc jorkers' representative
of the Contractor's commitment to the principle of equal employment
opportunity, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Contractor will include the provisions of Paragraphs (1) through
(3) in every subcontract or purchase order, so that such provisions
will be binding upon each subcontractor or vendor.
5. The Contract may be cancelled or terminated by the Owner and all coney
due or to become due under the Contract may be forfeited for a second
or subsequent violation of the terms or conditions of this section.
21. Commencement and Completion of the Work.
21.1 Commencement of Mork.
21.1.1. By submitting a Bid, and execution of the Agreement, the Bidder
(and Contractor) agrees to commence work in accoriance with the General Conditions
of the Contract, or as otherwise specified in the spec'fications.
-8-
21.2 Completion of W(,rk.
21.2.1. By submitting a Bid, and execution of the Agreement, the Bidder
(and Contractor) expressly agrees the time (or times for various phases) for
completion is reasonable, considering all factors. The Bidder (and Contractor)
further represents he has: analyzed the Project, including the equipment, materials
and methods; considered his own capabilities and work load; determined availability
of qualified me:hanics and unskilled labor; considered the time of year for
commencement of work, made a reasonable allowance for weather variations and other
potential delays encountered in the construcrion process; the condition of the
site; considered the constraints specified; evaluated the effects of other
contractors who may be on the site; and has taken these and other relevant
factors bearing on the progress of the work into account.
21.2.3. Each Bidder _s required to z h_= _'._e of f-ill _ompietion of
a!' fork on th i3 Pr , ject.
21.2.+. The Work shall be completed on or before IZ. IQPI
unless otherwise agreed in writingbj Owner and Bidder 'Conra-� ctor in accordance
with Article 12 of the General Conditions. In the event that 3idd- r (Contractor)
fails to complete the project within the time period specified, Owner shall have
the right to pursue arbitration in accordance With the provisions of Article 15
of the General Conditions, and Bidder (Contractor) shall be responsible to
Owner for the reasonable cost of pursuing arbitration proceedings, including
reasonable attorneys fees.
Section 0040 PROPOSAL FORM ?age 1 of 3
To: Gordon R. Coffin Co.
3025 ',;atertoun Road
Long Lake, ICJ 5535E
Da to :
(1) Bid of
firm name - hereinafter referred tc as the "Bidder"'
(2) The Bidder, in compliance with the Invitation. for Bids, hereby submits
the following Bid for construction work on the Projert identified as:
Street Improvements
Stronghold
Crono, e'innes,ta
(3) The Bidder agrees to accomplish the wort in strict compliance with the
Contract Documents dated
(4) The Bidder, having examined the drawints, specifications and Contract
Documents prepared by Gordon R. Coff: Co., Inc., havin visited and
examined the site of the proposed worx, being familiar pith Federal,
State, and :.ocal laws, ordinances, rules and regulations that may in
any manner affect cost, progress or performance of the work, and being
familiar with all of the conditions surrounding the work and affecting
the cost of the proposed project, incl::dinr the availability of materials
and labor, hereby proposes to furnish all labor, :sterials, equipment,
tools, transportation., services, and supplies, and accomplish the work
for which this Bid is submitted, in accordance with the Contract Dccu-
ments, within the time set fortih therein, and at the ?rice stated below.
This orice is to cover all e..penses i::curred in performing the wort
required under the Contract Documents, of which t^is 3is is a part.
(5 Bidder agrees to nerforr. all of t=.e ^onstruction wore on this ?roiec'.
according to t'-e following prices:
PART A - STREET X NSTR';T TCN
Nc .
UZ
QUAINTITY
UNIT BID
TOTAL
A—i
12" CM? 1 .rert
^C L.F.
:.
_..:.
A-2
r:uck exca•ration
45C C .Y.
A-?
Coirrion excavati,=r.
225" :.T.
A-4
Clearing and grubbing
1 lump sum
..:.
A-5
Cl. 2 crushed rock
5CC tons
;;
_tc^. �
TOTAL BASE
BID
PART
AL - ALTERNATE BID
'
,;.tying trees
;;
ac'
NO. Page2of3
(6) The low bidder shall be established according to the above quantities
and unit prices. However the final contract amount shall be determined
from multiplying the actual quantities constructed by the above unit
prices.
(7) Addenda: The Bidder hereby acknowledges that addendum instructions
numbered have been received and/or the requirements therein
have been incorporated in this Bid.
(8) The Bidder agrees, if awarded the Contract, to execute and deliver to
the Owner an Agreement in the form specified, together with satisfactory
Performance and Payment Bends written on the form specified by a corporate
surety acceptable to the Owner, within fifteen (15) calendar days after
A written notification of said award.
W (9) Holding of Bids: The undersigned agrees that this bid may not be with-
drawn for a period of sixty (60) calendar days immediately following
the date of receipt of bids.
(10) Conclusion of work: The Bidder hereby agrees to commence work under
this Contract on or before the time stipulated in the written "Notice
to Proceed," in accordance wit*- the General :onditions, and to complete
all work under this Contract on or before:
(11) Bid Security: The Bidder submits the attached Bid Security in the form
of a Certified Check, Cashier's Check, or Bid Bond, in accordance with
the instructions to Bidders, zrawn to the order of Bmcton Strong
The Bidder acknowledges the Bill Security may be retained by the Cwner.
.. as specified in the Supplemental Instructions to Bidders and Rgrees if
the Bidder defaults in executing the Contract -,,ithin the time set forth,
or in furnishing the °erfor-narce Sand as specified, the check will
r„ become the property of the Cwner for the Surety will osy the Cwner the
amount of the bond) as li;uidated damaEes for the delay and additional
expense to the Cwner caused thereby.
I.r
(U) In submitting this proposal, it is +.uiderstcod that t^e Cwner reserves
the right to reJect any or all bids, to accent any alterrate(s; in any
order or combination, arJ to waive any infor-s lities or irregularities
... in the or-msals.
(13) Information about Bidder:
The undersigned operates as a:
Page 3 of 3
Sole Owner
Partnership: full names of partners:
Corporation, Incorporated in the
State of
(14) Respectfully submitted:
Legal name of person, firm or corporation
Name
Address
By Title
By Title
(Affix corporate seal if bid is by a corporation)
Date
Section 0080 GE;I;::IAL CONZITIO:IS
1. GENERAL CGII."4I+IONS
,he current edition of the Stan:Rrl :;eneral Condition: of
the Construction Contract, :J3rE ;document 1310-8, shall be
incorporated into and made a part of the Contract as :;eneral
Conditions Cher -of, except as 'modified in *.ne Supplemental
General Conditions or they Special Conditions contained herein.
2. SUFFLET M..'N AL GENNv_ Ai. C;:I.^.ITZO;IS
Certain articles of the NSFE General Conditions are reV4sed
by, or are replaced by, requirements :£ the enclosed Supple-
mental General Conditions; such revisions or replacements
shall take precedence over the NSFE General Conditions.
"a
"i
T1;is document has important legal consequences; :onsultation with an attorney is encouraged with
respect to its completion or modification.
an
14 STANDARD
ON GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
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Join Nv Issued h v
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division olt the
NATIONAL SOCIETY OF PROFESSIONAL ENGINELk
and by
AMERICAN CONSULTING ENGINEERS COUNCIL
and by
CONSTRUCTION SPECIFICATIONS INSTITUTE
1978 National Society of Professional Engineers
2029 K Street. N.W., Washington. D.C. 20006
4kmertcan Consultin¢ Enatneers Council
II« I5th Street, N.N , Washington. D.C. 2000"
Construction Specifications Institute
1150 I'7th Street, N.W., Washington, D C. '0036
These General Conditions have been prepared for use with the Owner-Contractor-kgreements INSPE-
TCE(' Document 1910-8-A-I or 1910-8-A CSI 5646', 56468, 19'8 editions). Their provisions are interre-
lated and a cnange in one inas necessitate a :hange in the others. C. omments concerning their usage are con-
tained in the Commentary to the Documents, NSPE-ACE(` 1910-9, 19'8 edition
1910.8
NSIE I AkC EC 119"1 Edition i
( %I c4"It
Reprint 3_78 24M
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number
Trtle
Pose
DEFINITIONS ...................... ......................
8
2
PRELIMINARY MATTERS ..................................
9
3
CONTRACT DOCUMENTS:
INTENT AND REUSE ....... ...............................
10
4
AVAILABILITY OF LANDS; PHYSICAL CONr' vis.
REFERENCE POINTS .................. .............
10
S
BONDS AND INSURANCE ............... ..............
11
6
CONTRACTOR'S RESPONSIBILITIES ..................... ...
12
7
WORK BY OTHERS ........................................
8
OWNER'S RESPONSIBILITIES ...............................
17
9
ENGINEER'S STATUS DURING CONSTRUCTION ...............
17
10
CHANGES IN THE WORK ...................................
18
1
CHANGE OF CONTRACT PRICE .................... ........
18
12
CHANGE OF THE CONTRACT TIME .........................
21
13
WARRANTY AND GUARANTEE. TESTS AND
INSPECTIONS; CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ........................
21
14
PAYMENTS TO CONTRACTOR AND COMPLETION............
22
15
SUSPENSION OF WORK AND TERMINATION ..................
25
16
ARBITRATION ............ ................... ..........
26
17
MISCELLANEOUS .... ... .... ...... ...................
27
3
INDEX TO GENERAL CONDITIONS
4rricle or Paragraph
Number
Acceptance of Insurance
5 13
Access to the Work
13 2
Addenda -definition of Isee definition of Specifications)
I
Agreement -definition of
I
All Risk Insurance
5.6
Application for Payment -definition of
I
Application for Payment, Final
14.12
Application for Progress Payment
14.2
Application for Progress Payment -reuse% of
14.4 thru 14.'
Arbitration
16
Availability of Lands
4,1
Award -Notice of -defined
I
Before Starting Construction 2.5 thru 2.7
Bid -definition of I
Bonds and Insurance -in general 5
Bonds -definition of I
Bonds, Delivery of 2.1. 5.1
Bonds, Performance and Other -` 1, 5.2
Cash Allowances
11.10
Change Order -Definition of
I
Changes in the Work
10
Claims. Waiver of -on Final Payment
14.16
Clarifications and Interpretations
9.3
Cleaning
6. I'
Completion
14
Completion, Substantial
14.8. 14.9
(, onference-Pre-Construction
2.8
Construction Machinery. Equipment, etc.
6.4
Continuing Work
6.29
Contract Documents -definition of
I
Contract Documents -intent and reuse
3
Contract Documents -reuse of
3.5
Contract Price. Change of
I I
Contract Price -definition
I
Contract Time, Change of
12
Contract Time -Commencement of
2.3
Contract Time --definition of
I
Contractor -deftmtion of
I
Contractor May Stop Work or Terminate
15.5
Contractor's Continuing Obligation
14.15
Contractor's Duty to Report Discnpancv in Documents
2.5.3.2
Contractor's Fee -Costs Plus
11.6
Contractor's Liability Insurance
5.3
Contractor's Responsibilities -in general
6
Contractors Warranty of Title
14.3
Contractual Liabilu} Insurance
5.4
Copies of Documents
2.2
Correction or Removal of Defecti%e Work
13.11
Correction Period, One Year
13.12
Correction. Removal or Acceptance of Defecn%e Work-in general
13.11 thru 13.14
Cost of Work
11.4. 11.5
Costs, Supplemental
11.4.5
Ud
4
�..
Day -definition of
I
Defective Work, Acceptance of
13.13
�.
Defective Work, Correction or Removal of
13. I 1
Defective -definition of
"
Defective Work-in general
13
Defective Work, Rejecting
9.4
�+
Definitions
I
Delivery of Ilonds
2.1
Disagreements, Decisions by Engineer
9.9. 9.10
Documents, Copies of
1..2
Documents, Record
6 9
Documents, Reuse
3.5
Drawings -definition of
I
Effective date of Agreement -definition of
I
Emergencies
6.22
Engineer-defintion of
I
..
Engineer's -Notice Work is Acceptable
14.3
Engineer's Responsibilities, Limitations on
9.11 thru 9.14
Engineer's Status During Construction -in general
9
Engineer's -Recommendation of Payment
14.4, 14.13
«.
Equipment, Labor, Materials and
6.3 thru 6.6
Equivalent Materials and Equipment
6.'
s
Fee, Contractor's -Costs Plus
11.6
�+
Field Order -definition of
I
Field Order -issued by Engineer
10.2
Final Application for Payment
14.12
Final Inspection
14.11
Final Payment, Recommendation of
14.13, 14.14
Final Payment and Acceptance
14.13
General Requirements --definition of
I
General Provisions
11.3, 1'.4
,►
Giving Notice
11.1
Guarantee of Work -by Contractor
13.1
Indemnifr.Ation
6.30 thru 6.32
Ia1
-nee, on, Final
14.11
ecton, Tests and
13.3 thru 13.'
aranx, Bonds and -in general
5
i+
:.: _::once -Certificates of
2.7 and 5
insurance, Contractor's Liability
5.3
Insurance, Contractual Liability
5.4
!
Insurance, Owner's Liability
5.5
Insurance, Property
5.6thru 5.12
Intent of Contract Documents
3.1 thru 3.4, 9.12
Interpretations and Clarifications
9.3
Investigations of Physical Conditions
4.2
Labor, Materials and Equipment
6 3 thru 6.6
Laws and Regulations
6.14
Liability Insurance -Contractors
3
Liability Insurance -Owners
`- •`
`
Limitations on Engineer's Respom!hilities
9 !
`+
Materials and Equipment -furnished by Contractor
t,_
Materials or Equipment -Equivalent
6
_
Miscellaneous Provisions
I -
Modification -definition of
I
Notice. Gising of I I
Notice of Award -deftmtion of 1
Notice of Acceptability of Project 14.13
Notice to Proceed -definition of I
Notice to Proceed -giving of 2.3
"Or -Equal" items
6.7
Other Contractors
7
Overtime Work -prohibition of
6.3
Owner -definition of
I
Owner May Correct Defective Work
13.14
Owner May Stop Work
13.10
Owner May Suspend Work. Terminate
15.1 thru 15.4
Owner's Duty to Execute Change Orders
I I .R
Owner's Liability Insurance
5.5
Owner's Representative -Engineer to serve as
9.1
Owner's Responsibilities -in general
8
Owner's Separate Representative at Site
9.8
Partial Utilization
14.10
Panial Utilization -Property Insurance
5.14
Patent Fees and Royalties
6.12
Payments to Contractor -in general
14
Payments, Recommendation of
14.4 thru 14.1.5
Pre -construction Conference
2.8
Performance, and other Bonds
5.1 thru 5.2
Permits
6.13
Physical Conditions -Investigations and Reports
4.2
Physical Conditions. Unforeseen
4.3
Preconstruction Conference
2.8
Preliminary Matters
2
Premises, Use of
6.16.6.177.6.18
Price -Change of Contract
I I
Price -Contract -definition of
Progress Payment. Applications for
14.2
Progress Schedule
2.6, 14.1
Project -definition of
1
Project Representative. Resident -definition of
I
Project Representation -Provision for
9.8
Project, Starting
2.4
Pt„ perty Insurance
4.6 thru 5.12
Property Insurance -Receipt and .Application of Proceeds
5.11. 5.12
Property Insurance -Partial Utilization
5.14
Protection. Safety and
6.20 thru 6.21
Recommendation of Payment
14.4. 14. 13
Record Documents
6.19
Reference Points
4.4
Regulations, Laws and
6 14
Rejecting Defective Work
14.4
Remedies Not Exclusive
1- 5
Removal or Correction of Defective % ork
i 3.11
Resident Project Representative -definition of
I
Resident Project Representatise-provi+ion for
9 8
Responsibilities. Contractor's
6
Responsibilities, Owner's
8
Reuse of Documents
3 5
Royalties. Patent Fees anu
6 1
t-i
0
an
W
M
Safetv and Protection
6.20 thru 6.21
Samples
6.23
r,
Schcdule of Shop Drawing Submission~
2.6. 14.1
Schedule of Values
2.6, 14.1
Shop Drawings and Samples
h.23 thru 6.29
A
Shop Drawings -definition (it
I
�.
Site, Visits to -by Engineer
9.2
Specifications -definition of
I
Starting Construction, Before
2.5 thru 2 0
Starting the Project
2.4
Stopping Work -by Contractor
15.3
Stoppin- Work -by Owner
13 10
Subco ctor -definition of
I
�!
S.- cx ..factors -in general
6.8 thru 6.11
Substantial Completion -certification of
.4.8
Substantial Completion --definition of
I
Subsurface Conditions
4.2. 4.3
Supplemental Costs
11.4.5
Surety -consent to payment
14.12. 14.14
Surety -notice of changes
10.5
Surety-q uali ficat ton of
!.1. 5.2
Suspending Work, by Owner
15.1
Suspension of Work and Termination -in general
15
Superintendent -Contractor's
6.2
Supervision and Superintendence
6.1.6.2
Taxes-Pavment by Contractor
6.15
Termination -by Contractor
15.5
Termination -by Owner
15.2 thru 15.4
Termination, Suspension of Work and - n general
I g
Tests and Inspections
13.3 thru 13.'
Time, Change of Contract
12
Time, Computation of
11.2
Time, Contract -definition of
I
Uncovering Work
13.8. 13.9
Unit Prices
1 1.3.1
Unit Prices -Adjustment of
11.9
Use of Premises
6.16. 6.17. 6.18
qN
ttr
Values. Schedule of
14.1
v isits to Site -by Engineer
9.1
Waiver of Claims -on Final Pavmeni
14 16
n11
Waiver of Rights by Insured Parties
5.10
Warranty and Guarantee -by Contractor
13.1
M
Warranty of Title, Contractor's
14.3
Work, Access to
13 2
we
Work by Otherc -in general
Work, Cost of
11 4• 11.5
Work Continuing During Disputes
6.29
Work-detintion of
I
.�
Work. Neglected by Contractor
13 14
Work, Stopping by Contractor
I't �
Work, Stopping by Owner
I ` I thru 15 4
GENERAL CONDITIONS
ARTICLE I —DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents, the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof.
Addenda —Written or graphic instrume,its issued prior to the
opening .vf Bids which clarify, corre.t or change the bidding
documents or the Contract Docum _nts.
Agreement —The written agreement between OWNER and
CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
Application for Payment —The form accepted by
ENGINEER which is to be used by CONTRACTOR in re-
questing progress or final payment and which is to include
such supporting documentation as is required by the Contract
Documents.
Bid —The offer or proposal of the Bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
Bonds —Bid, performance and payment bonds and other it
struments of security.
Change Order —A written order to CONTRACTOR signed by
OWNER authorizing an addition, deletion or revision in the
Work, or an adjustment in the Contract Price or the Contract
Time issued after the effective date of the .agreement.
Contract Documents —The Agreement, addenda (which per
fain to the Contract Documents), C ONTRACTOR's Bid
(including documentation accompanving the Bid and anv
post -Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Bonds, these General Conditions, the Supplementary Condi-
tions, the Specificaiions, the Diawings as the same are more
specifically identified in the Agreement, together with all
Modifications issued after the execution �,f the .Agreement.
Contract Price —The moneys payaole by OWNER to CON-
TRACTOR under the Contract Documents as state+ in the
Agreement
Cont?. r Time —The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
�omplerion of the Work.
CONTRACTOR —The person, firm or corporation with
whom OWNER has entered into the .Agreement.
dap --A calendar day of twenty -tour hour measured from
midnight to the next midnight
defective —An adjective which when modifying the word
Work refers to Work that is unsatisfactory, faulty or defi-
cient, or does not conform to the Contract Documents or does
not meet the requirements of any inspection. test or approval
referred to in the Contract Documents, or has been damaged
prior to ENGINE.ER's recommendation of final payment.
Drawtngs—The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINLr.R and are referred to in the Con-
tract Documents.
effective date of the Agreement—fhe date indicated in the
Agreement on watch if becomes effective, but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGINEER —The person, firm or corporation named as such
in the Agreement.
Field Order —A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 10.2 but which does not involve a change in the Con-
tract Price or the Contract Time.
General Requirements —Sections of Division I of the Specifi-
cations.
Nodijcation—fat A written amendment of the Contract
Documents signed by both parties, 1b) a Change Order, or (c)
a Field Order. A modification may only be issued after the
effective date of the Agreement.
vottce of Award —The written notice by OWNER to the ap-
parent successful Bidder stating that upon compliance by the
apparent successful Bidder with the conditions precedent
enumerated therein. within the time specified, OWNER will
sign and deliver the Agreement.
Nonce to Proceed —A written notice given by OWNER to
CONTRACTOR ( with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to perform his obligation
under the Contract Ikxuments.
OWNER— The public body or authority, corporation, associ-
ation, partnership, or individual with whom CONTRACTOR
has entered into th Agreement and for whom the Work is to
he provided
Prom(i—The total construction of which the Work to he pro-
vided under the Contract Documents may he the whole, or a
part as indicated elsewhere in the Contract Documents
Resident ProXcr Represenrattie—The authorized repvresenta
use o: ENGINEER who :s assigned to the site or an% 7,art
thereat
0110
Shop Drawings —All drawings, diagrams, illustrations, sched-
ules and other data which are specifically prepared by CON-
TRACTOR, a Subcontractor, manufacturer, fabricator, sup-
plier or distributor to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perform-
ance charts, instructions, diagrams and other information
prepared by a manufacturer, fabricator, supplier or distrib-
utor and submitted by CONTRACTOR to illustrate material
or equipment for some portion of the Work.
Specifications —Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment, construction systems, standards and work-
manship as applied to the Work and certain administrative
details applicable thereto
Subcontractor —An individual, firm or corporation having a
direct contract with CONTRACTOR or with am' other Sub-
contractor for the performance of a part of the Work at the
site
Substantial Compiterion—The Work (or a specified part
thereof) has progressed to the point where, in the opinion of
ENGINEER as evidenced by his definitive certificate of Sub-
stantial Completion, it is sufficiently complete, in accordance
with the Contract Documents, so that the Work (or specified
part) can be utilized for the purposes for which it was in-
tended-, or if there be no such certificate issued, when final
payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
Work —The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services, furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all as
required by the Contract Documents.
ARTICLE 2—PRELIMINARY MATTERS
f�+r
Deli very of Bonds:
2.1. When CONTRACTOR delivers the executed Agree
ments to OWNER, CONTRACTOR shall also deliver it)
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordant • with paragraph s 1,
Copies of Documents:
2.2 OWNER shall furnish to CONTRACTOR up to ten
copies tunless otherwise specified in the General Require
meets) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will he
furnished, upon request, at the cost of reproduction
Commencement of Contract Time: vottce to Proceed:
3 The Contract Time will commence to run on the
thirtieth day after the effective date of the Agreement, of . if a
Notice to Proceed is given, on the day Indicated in the Notice
to Proceed; but in no event snail the Contract Time commence
to run later than the ninetieth day after the day of Bid opening
or the thirtieth day after the effective date of the Agreement.
A Nonce to Proceed may be given at any time within thirty
days after the effective date of the Agreement.
Starting the Project.
2.4 CONTRACTOR shall start to perform the Work on
the date when the Contract Time :omnences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Constru, (ton
2.5 Before undertaking each par of the µ ork.
CONTRACTOR shall carefully s•udy and compare the Con-
tract Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CON-
TRACTOR shall promptly report in writing to ENGINEER
any conflict, error or discrepancy which CONTRACTOR
may discover; however, CONTRACTOR shall not be liable to
OWNER or ENGINEER for failure to report any conflict.
error or disc epancy in the Drawings or Specifications. unless
CONTRACTOR had actual knowledge thereof or should rea-
sonabiv have known thereof
2.6. Within ten days after the eff dive date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review and acceptance an estimated progress schedule in-
dicating the starting and completion dates of the various
stages of the Work, a preliminary schedule of Shop Drawing
submissions, and a preliminary schedule of -,slues of the
Work
Before any work at the site is started, CONTRAC
TOR shall deliver to OWNER. with a copy to ENGINEER,
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates iand
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in ac
corciance with paragraphs 5 6 and a
Preconstructlon Conference:
8 N ithin twenty days after the effective date of the
Agreement, b, t before CONTRACTOR starts the Work at
the site, a conference will be held for review and acceptance of
the schedules referred to in paragraph 2 6. to establish proce-
dures for handling ,hop Drawings and other submittais and
for processing Applications for Payment, and to establish a
wanking understandine among the parties as to the W ori,
ARTICLE 3—CONTRACT DOCUMENTS INTENT
AND REUSE
lr'tent:
3.1. The Contract Documents comprise the enure Ajtree-
ment between OWNER and CONTRACTOR concerning the
Work. They may be altered only by a Modification
3.2. The Contract Documents are complementary: what is
called for by one is as binding as if called for by :all. II, during
the performance of the A ork, CONTRACTOR finds a con-
flict. error or discrepancy in the Contract Documents, he ,hall
report it to ENGINEER in writing . t once and before pro-
ceeding with the Work affected thereby: however. CON-
TRACTOR shall not be liable to OWNER or ENGINEER for
failure to report any conflict, error or discrepancy in the
Specifications or Drawings unless CONTRACTOR had
actual knowledge thereof or should reasonably have known
thereof
3 3. It is the intent of the Specifications and Drawings to
descrioe a complete project (or part [hereof) to he constructed
in accordance with the Contract Dtxuments. Airy work that
may reasonably be inferred from the Specifications or Draw-
ings as being required to produce the intended result ,hall be
supplied wheth r or not it is specifically called for. When
words which have a well-known technical or trade meaning
are used to describe Work, materials or equipment such words
shall be interpreted in accordance with such meaning. Refer-
ence to standard specifications, manuals or codes of any
technical society, organization or association, or to the code
of any governmental authority. whether such reference be
specific or by implication, shall mean the latest standard spec-
ification, manual or code in effect at the time of opening of
Bids (or, on the effective date of the Agreement it there were
no Bids). except as may be otherwise specifically stated.
However, no provision of any referenced standard %pecifica-
;i in, manual or code (whether or not specificall incorporated
Is% reference in the Contract Documents( shall change the
duties and responsibilities of OWNER. CONTRACTOR or
1NGINEER, or any of *heir agents or employees from those
set forth in the Contract Documents Clarifications and
interpretations of the Contract ^ w:uments shall be issued by
ENGINEER as provided for in agraph 9 3
t 3 The Contract Documents will he vo%cined h% the law
of the place of the Project
Reuse of Documents
3 't. Neither CONTRACTOR nor any Subcontractor.
manufacturer, fabricator, supplier or distributor shall have or
acquire any title to or ownership rights in any of the Draw-
ings, Specifications or other documents for copies of an%
theneofi prepared by or hearing the seal of ENGINEER. and
the% shall not reuse any of them on emi.nsion% of the Project
or any other protect without written consent of OWNER and
ENGINEER and .Mific written %erificanon or adaptation h%
ENGINEER
ARTICLE s-AVAILABILITY OF (_ANDS. PHYSICAL
CONDITIONS: REFERENCE POINTS
.q vailahtfirs, of Lands:
l.l. OWNER shall furnish, as indicated in the Contract
Dixuments, the lands upon which the µark is it, he per-
formed, rights -of -way for access thereto, and such other lands
sphich are de-agnated for the use of CONTRACTOR Ease-
ments 'or permanent structures or permanent changes in ex-
isting facilities wtli he obtained and paid for by OWNER, un-
less otherwise provided in the Contract Documents- If CON-
TRACTOR bs,.eves that any delay in OWNT-R's furnishing
these lands or easements entitles him to an extension of the
Contract Time. CONTRACTOR may make a claim therefor
as provided in-krucle 12. CONTRACTOR shall pros ide for
all additional lands and access thereto that may he required
for irmporary :onstruction facilities or storage of materials
and equipment
Physical Conditions —In vestieations and Reports:
4 2. Reference is made to the Supplementary Conditions
for identification of those reports of investigations and tests
of subsurface and latent physical conditions at the site or
otherwise affecti„g :ost, progress or performance of the
Nork which have been -lied upon by ENGINEER in prepa-
ration of the Drawings and Specifications. Such reports are
not guaranteed as to accuracy or completeness and are not
part of the Contract Documents.
Unforeseen Physical Conditions:
4.3. CONTRACTOR shall promptly notify OWNER and
ENGINEER in writing of any subsurface or latent physical
conditions at the site or in an existing structure differing mate
rially from those indicated or referred to in the Contract
Documents. ENGINEER will promptly review those condi-
tions and advise OWNER in writing if further investigation or
iesis are necessc.r% Promptly thereat.er. Mk NE shall obtain
the necessary additional investigations and tests and furnish
copies to ENGINEER and CONTRACTOR. If ENGINEER
finds that the results of such investigations or tests indicate
that there are subsurface or latent phvstcal conditions which
differ niateriall from those intended in the Contract Docu-
ments. and whim couid no( reasonably have been anticipated
by CONTRACTOR. a Change Order shall he issued incorpo-
rating the necessary revisions
Reference Poents:
.&4. OWNER shall provide engineering surreys for con-
struction to establish reference points which in his juc'q.neni
are necessary to enable CONTRACTOR to prone-d with 'he
Work CONTRACTOR shall he responsible for laving out the
Work tunies% otherwise specified in the General Require
memsi. shall protect and preserve the established refer •ncr
points and shall make no changes or relocations without the
prior written approval of t MNER. CONTRA(- TOR .hail
report to ENGINFER whenever anv reference point is Ivsi x
destroyed or requires relocation because of necessar% changes
in grades or locmions. and shall he •esponsihie for replace
A
it
A�
ment or relocation of such reference pomis by professionally
qualified personnel.
ARTICLE 5—BONDS AND INSURANCE:
Performance and Other Bonds:
5.1 CONTRACTOR shall furnish performance and pay-
ment Bonds, eac., in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR'% obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date of final payment, except as otherwise pro-
vided by law. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Cons ins. All
Bonds shall be in the forms prescribed by the bic: docu-
ments or Supplementary Conditions and he executed by such
Sureties as tit are licensed to conduct business in the state
where the Project is located, and fill are named in the current
list of "Companies Holding Certificate% of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S.
Treasury Department. All Bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
s Z. If the Surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business r terminated in any state where anv part of the
Project is located or it ceases to meet the requirements of
clauses 10 and (it) of paragraph 5.1, CONTRACTOR shall
within five day% thereafter substitute another Bond and
Surety, both of which shall he acceptable to OW NE R
Conrractor's Liability Insurance:
5 1 CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as will
provide protection from claims set forth below which ma%
arise out of or result from CONTRACTOR's performance of
the Wr-:. and CONTRACTOR's other obligations under the
Contract Documents, whether such performance is by CON-
TRAC TOR, h% an S bcontractor. by anyone directly or in-
directly employed by any of them, or by anyone for whose
,tots an of them may be liable.
5.3.1. Claims under workers' or workmen's compen-
sation, disability benefits and other similar employee
benefit acts;
s 1 2 Claim% for damages because of hodil% :niury
occupational Nick tie%, or disease. it death of (-()'-TR At
TOR's rmplovee, .
%.1 3 Claims for damages becaust of bodily iatur%.
sickness or disease, or death of any person other than
CONTRACTOR'% employees:
5.3.4. Claims for damages :n%ured by personal iniur%
liability coverage which are sustained i i I h% am person ,s a
result of an offense directly or indirectly related to the
employment of such person by CONTRACTOR. or fii) by
any other person for any other reason;
5.3.5. Claims fo- damage%. ether than to the Work it-
self, because of injury to or destruction of tangible prop-
erty, ncluding loss of use resulting -herefrom; and
5.3 is Claims for damages because of hodily in)ur% or
death of an person or property damage arising out of the
ownership, maintenance or use o f any motor vehicle.
The insurance required by this paragraph 5.1 shall include the
specific co%erage%and be written for not less than the limits of
liability and coverages provided in the Supplementary Condi-
tions, or required by law, whichever is greater The com-
prehenstve general habilit} insurance 'tall include completed
operation insurance. All such insurance shall contain a provi-
sion that the coverage afforded will not be cancelled,
materially changed or renewal refused until at least thirty
days' prior written notice has been given to OWNER and
ENGINEER. All such insurance shall remain in effect until
final payment and at all times thereafter when CON-
TRACTOR may be correcting, removing or replacing defec-
tive Work in accordance with paragraph 13.12. In addition.
CONTRACTOR shall maintain such completed operations
insurance for at least two years after final payment and
furnish OWNER with evidence of continuation ct such :nsur-
ance at final payment and one year (hereafter
Contractual Ltabiliry Insurance:
5.4. The comprehensi%� generai liability insurance
required by paragraph 5.3 will include contractual liability
insurance applicable to CONTRACTOR's obligations under
paragraphs h 10 and h.31.
nwner's Liabdhrv, Insurance:
s s OWNER shall be responsible for purchasing and
maintaining his own liability insurance and, at hr option.
mac purchase and maintain such insurance as wilt protect
OWNER against claims which may arise froin operations
under the Contrast Documents
Profierty Insurance.
A h l nless otherwise ^ro%ide! in he Supplemcniar%
Conditions, OWNER shall purchase and maintain properiv
insurance upon (he Work at the site to the full insurable value
thereof 1%ubtect to such deductible amounts as may be pro-
%ided in the Supplcmentary Condition or required by lawi
This m%urance shall include the interest% of OWNER. CON-
TRACTOR and Subcontractors in the Work. shall insure
against the perils of fire and extended oserage and shall
ridude "all risk'' insurance for pt„%ical loss and damage
including theft, %andah%m and malicious mischief, collapse
and •Rater damage, and such other perils as may he provided
.it the 5upplementan Conditions and hall include damages.
ios es and expenses arising out if or resulting from any
n%tired loss or incurred in the rfpair or replacement of an
insur,-d properi% tin%tuding tee% and ch itees of engineers,
architects, attorneys and other prof es;tonal 1. If not covered
-order the "all risk" insurance or otherwise provided in the
Supplementary Conditions. CONTRACTOR shall purchase
and maintain similar property insurance on portions of the
Work stored on and off the site or in transit when such por
tions of the Work are to be included in an Application for
Payment. The polictes of insurance required to he purchased
and maintained by OWNER in accordance with paragraphs
s.6 and 5 ' shall contain a provision that the coverage
afforded will not be cancelled or materially changed until at
least thirty days' prior written notice has been given to
CONTRACTOR.
5.' OWNER shall purchase and maritain such boiler and
machinery insurance as may be requ,-ed by the Supplemen-
tary Conditions or by law. This insurance shall include the
interests of OWNER. CONTRACTOR and Subcontractors in
the Work.
5.8. OWNER shall nor be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR or Subcontractors in the Work to the event
of any deductible amounts that are provided in the Supple-
mentary Conditions. If CONTRACTOR wishes property
insurance coverage within the limits of such amounts.
CONTRACTOR may purchase and maintain it at his own
expense.
5.4. If CONTRACTOR requests in writing that other spe-
cial insurance be included in the property insurance policy,
OWNER shall, if possible, include such insurance, and the
cost thereof shall be charged to CONTRACTOR by appropri-
ate Change Order. Prior to commencement of the Work at the
site. OWNER will in writing advise CONTRACTOR whether
or not such other insurance has been procured by OWNER.
Waiver of Rr-his.
5.10. OWNER and CONTRACTOR waive all rights
agains- each other and the Subcontractors and their agents
and employees and against ENGINEER and separate contrac-
tors lit am) and their subcontractors' ajtents and employees.
for damages caused by fire or ether perils to the extent cos
ered by insurance provided under paragraphs 5.6 and 5 ', m-
clusrve, or any other property insurance applicable to the
Work, except such rights as they may have it) the proceeds of
such insurance held by OWNER as trustee. OWNER shall re
quire similar written waivers by ENGINEER and from each
separate contractor, and CONTRACTOR shall require simi-
lar written waivers From each Subcontractor tin accordance
with paragraph 6.11 as applicable): each such waiver %tit he n
favor of all other panic enumeraied in this paragraph' 10
Recetpr and Application of Proceeds
5 II `nv insured loss under he policies of insurance
required hs paragraphs 4.6 and ` - .halt he adiusied with
(1W NER and malt payable to OWNER as trustee for the
insureds, as 'heir interests may appear, subject to the
requirements of anv applicable mortgage clause and of para-
graph 5.12. OWNER shall deposit in a separate account any
money so received, and he shall distribute it in accordance
with such agreement as the parties in interest may reach. If no
other special agreement is reached the damaged Work shall he
repaired or replaced, the monevs so received applied on
account thereof and the Work and the cost thereof covered by
an appropriate Change Order.
s 1- OWNER as trustee shall have power to adjust and
settle any loss with the insureis unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make settle-
ment with the insurers in accordance with such agreement as
the parties in interest may reach. If required in writing by any
party in interest, OWNER as trustee shall upon the occurrence
of an insured loss, give bond for the proper performance of
his duties.
Acceptance of Insurance:
5.13. If OWNER has any objection to the coverage
afforded 1%, or other provisions of the insurance required to
be purchased and maintained by CONTRACTOR in actor
dance with paragraphs 5.3 and 5.4 on the basis of its not con,
plying with the Contract Documents, OWNER will notify
CONTRACTOR in writing 1' •reof within ten days of the date
of delivery of such certific, o OWNER in accordance with
paragraph 2 If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to tie purchased and maintained by
OWNER in accordance with paragraphs 5.6 and 5.7 on the
basis of their not complying with the Contract Documents,
CONTRACTOk will notify OWNER in writing thereof with-
in ten days of the date of Jeh%ery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
(CONTRACTOR will each provide to the other such addi-
tional information in respect of insurance provided by him as
the other may reasonably reques-. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased be the other as complying with the Contract
Documents.
Partial C tilization—Propern Insurance.
5 14. If OWNER finds it necessary to occupy or use a
portion or portions of the W ork prior to Sut•stantial Comple-
tion of all the Work, such use or occupancy may be accom-
plished in accordance with paragraph 14 i0: provided that no
such use or occuptrtcy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces•
sitated thereby The insurers providing the property insurance
shall consent by endorsement on the polies or policies, but the
property insurance shall not he .ance!led or lapse on account
of any such partial use or occupants
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence
n 1 CONTRACTOR shall supervise and direct the Work
competently and efficientiv, devoting such attention thereto
low*
i.•
.r
and applying such skills and expertise as may be necessary to
perform the Work in axordance with the Contract Docu-
ments. CONTRACTOR shall be solely respunsibic for the
means, methods, techniques, sequences w J procedures of
construction, but CONTRACTOR shall not be soleiv respon-
sible for the negligence of others in the design or selection of a
specific means, niethod, technique. sequence or procedure of
construction which is indicated in and required oy the Con.
tract Documents. CONTRACi OR shall be responsible to see
that the finished Work complies accurately with the Contract
Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
scull not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications given to the superintendent shall
Ise as binding as if given to CONTRACTOR.
L abor, .Materials and Equipment:
6.3. CONTRACTOR shall provide .ompetent, suitably
qualified personnel to survey and lay out the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and orde- at the site. Except in connection with the safety or
protection of persons or the Work ar property at the site .if
adjacent (hereto, and except as otherw ise indicated in the. Sup-
plementary Conditions, all Work at the site shall be per-
formed during regular working hours, and CONTRAC . OR
w ill not permit overtime work or the performance of Work on
Saturday, Sunday c,r any legal holiday without OWNER ,
written consent given af!er prior written notice to
ENGINEER.
6.4 CONTRACTOR shall furnish ail mitertals. egwr�-
ment, labor, transpor- *ton, construction egwriment and
machinery, tools, apt es, fuel, power, light, heat, tele-
phone, water and saniu., facilities and all other facilities and
incidentals necessary for the execution, testing, initial oper
anon and completion of the Work.
6.5. All materials and equipment shall be of good quahi%
and new, except as otherwise provided in the Contract Docu.
merits. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence lincluding reports of required
tests) as to the kind and quality of materials and equipmem
6.6 All materials and equipment si..sil oe applied, in
stalls:. connected, erected, used, cleaned and conditioned in
accordance wi,h the instructions of the applicable manufac
Curer, fabricator, suppler o� ;listributot, excep! as otherwise
provided in the Contract Documt. 's
Equivalent Materials and Equipment
n ' Whenever materials or equipment a, red or Jt
scribed in the Ihawings or Specificai urns by usii tie of
A proprietary item or the name of i partt.ulat mat,, r,
fabricator, supplier or distributor, the naming of the item is
intended to establish the type, function and quality required.
Unless the name is followed by words indicating that no sub-
stitution is permitted. matenals or equipment of other manu-
facturers, fabricators, suppliers or distributors may be
accepted by ENGINEER if sufficient information is submit-
ted by CONTRACTOR to allow ENGINEER to determine
that the material or equipment proposed is equivalent to that
named. The procedure for review by ENGINEER will be as
set forth in paragraphs 6.'.1 and 6.7.2 below as supplemented
in the General Requirements.
6.-.I. Requests for review o1 substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment CONTRACTOR shall make written
application to ENGINEEP for acceptance thereof, certify-
ing that the proposed substitute will perform adequately
the functions called for by the general design, be similar
and of equal substance to that specified and be suited to
the same use and capable of performing the same function
as that specifieJ. The application will state whether or not
acceptance of the substitute for use in the Work will
require a change in the Drawings or Specifications to adapt
the design to the substitute and whether or not incorpora-
tion or use of the substitute in connection with the Work is
subject to pa ment of any license fee or royalty. All
variations of the pruposed substitute from that specified
shall be identified in the application and available nutime-
nance, repair and replacement service will be indicated.
The application will also contain an itemized estimate of
all costs that will result directly or indirectly from Accept-
ance of such substitute, including costs of redesign and
claims of other contractors affected by the resulting
cnange, all of which shall be considered by ENGINEER in
evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
ENGINEER will be the sole iudge of acceptability. and no
substitute will be xdered or installed without ENGI-
NEER's prior written acceptance. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's expense
a special performance guarantee or other surety with
respect to any ,ubstitute-
6 ' 2 ENGINEER will record time requires by ENGi
NEER and ENGINEER's consultants in evaluating substi-
tutions proposed by CONTRACTOR and in making
changes n the Drawings or Specificrtions occasioned
thereby. Whether or not ENGINEER accepts a props :ed
substitute, CONTRACTOR shall reinburse OWNER for
the charges of ENGINEER and ENGINEER's consultants
for evaluating any proposed :ubstitute
C o"rerniwir lMbronrrwfwt.
6.I11 CONTRACTOR shall not emptov any Subcontraitor
a .ether perwn X orgamiation rinOuding those who are to
turnish the principal items .sf materials or equipment).
whether initially or as a substitute, against whom OWNER or
ENGINEER may have reasonabie objection. A Subcontractor
or other person or organization identified in writing to
OWNER and ENGINEER by CONTRACTOR prior ,o the
Notice of Award and not objected to in writing by OWNER
or ENGINEER prior to the Notice of .Award will be deemed
acceptable to OWNER and ENGINEER. Acceptance of any
Subcontractor, other person or organization by OWNER or
ENGINEER shall not constitute a waiver of any right of
OWNER or ENGINEER . ) reject defective Work. If
OWNER or ENGINEER after due investigation has reason-
able objection to any Subcontractor, other person or organi-
zation proposed by CONTRACTOR after the Notice of
Award. CONTRACTOR shall submit an acceptable substi-
tute and the Contract Price shall be increased or decreased by
the difference in cost occasioned by such substitution, and an
appropriate Change Order shall be issued. CONTRACTOR
shall not be required to employ any Subcontractor, other
person or organization against whom CONTRACTOR has
reasonable objection.
6.9. CONTRACTOR shall be fully responsible for all acts
and omissions of his Subcontractors and of persons and
urganizations directly or indirectly employed by them and of
,^,ersons and organizations for whose acts any of inem may be
liable to the same extent that CONTRACTOR is responsible
for the acts and omissions of persons directly employed by
CONTRACTOR. Nothing in the Contract Documents shall
create any contractual relationship between OWNER or
ENGINEER and any Subcontractor or other person or orga-
nization having a direct contact with CONTRACTOR. nor
shall it create any obligation on the part of ON NER or
ENGINEER to pay or it) see to the payment of any moneys
due any Subcontractor or other person or organization.
except as may otherwise be required by law. OW',•j R or
ENGINEER may furnish to ariv Subcontractor or ther
person or organization, to the extent practicable, evidence of
amounts pnid to CONTk-\(-TOR on account ,)l specific
Work done.
h. It) The divisions and sections of the Specifications and
ie identifications of any Drawings shall not control CON -
I RACTOR in dividing the Work among Subcontractors or
delineating the Work to be performed by an specific trade.
6 11 >II Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spect-
ficalh binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provision as
-squired by paragraph s.lt). CONTRACTOR shall pav each
Subcontractor a just share of any insurance moneys receivni
by CONTRACTOR on a. count of losses under policies issued
pursuant to paragraphs 3.6 through S.M.
Patent fees and Royalties:
6.12. CONTRACTOR snail pav all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any in%en-
14
lion, design, process, product or dev .e which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in
the Contract Documents for use in the performance of the
'Aork and if to the actual knowledge of OWNER or ENGI-
NEER its use is subject to patent rights or copyrights calling
for the payment of any license fee or royalty to others, the ex-
istence of such rights shall be disclosed by OWNER in the
Contract Documents. CONTRACTOR snail indemnify and
hold harmless OWNER and ENGINEER and anyone directly
or indirectly employed t+y either of them from and against all
claims, damages, losses and expens_s (including attorneys'
fees) arising out of any infringement of patent rights or copy -
nghts incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any inven-
non. design, process, product or device not specified in the
Contract Documents, and shall defend all such claims in con-
nection with and alleged infringement of such rights.
Permits:
6 13 Unless otheiwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all ; in-
,truction permits and licenses OWtiER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses CONTRACTOR ,hall pay all goyernmenta', charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. CON-
TRACTOR shall pay all charges of utility °ervice companies
for connections to the �kork. and OWNER shall pay all
charges of such companies for capital _osts related thereto.
L.aw.s and Regulations:
6.14 CONTRACTOR shall give all notices and comply
with all laws, ordinances, rules and regulations applicable to
the A ork. If CONTRACTOR ohserves ihat the Specifications
or Drawings are at anance therewith. CONTRACTOR shall
give ENGINEER prompt wr iten nonce thereof, and any nec-
essary changes shall be adiu •ted by an appropriate Stodifica-
tion It CONTRACTOR performs any Work knowing or
having reason to know that it is contrary to such laws, ordi-
nances, rules and regulations, and without such nonce to
ENGINEER, CONTRACTOR shall bear all costs arising
therefrom: however, a shall not be CONTRACTOR's pri-
rnary respinsibility to make certain that the Specifications
and Drawings are in accordance with such laws, ordinances.
rules and regulations.
Taxes:
6.15 CONTRACTOR sha, iav all sales. consumer. use
and other similar taxes requireu to paid by him in accordance
with the law of the place of the Project.
Use of P►ernLwr :
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the opera-
tion tit workmen to areas permitted by law. ordinances.
permus or the req,.,remenis of the Contract Documents, and
shall not sonably encumber the premises with construc-
tion equipm. — other materials or equipment
I
rM
6.17. During tF. progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste ma
terials, rubbish and other debris resulting from the Work. At
the completion of the Worl CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the prem-
ises as well as all tools, appliances, construction equipment
and machinery, and surplus materials, and shall leave the site
clean and ready for occupancy by OWNER. CONTRACTOR
shall restore to their original condition those portions of the
site not designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will endanger
the structure, nor shall CONTRACTOR subject any part of
the Wotk or adjacent property to stresses or pressures that
will endanger it.
Record Documents:
6.19. CONTRACTOR shall keep one record copy of all
Specifications, Drawings, Addenda, Modifications, Shop
Drawings and samples at the site, to good order and an-
notated to show all changes made during the construction
process. These shall be available to ENGINEER for exam-
ination and shall be delivered to ENGINEER for OWNER
upon completion of the Work.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of, and shall pro-
vide the necessary protection to prevent damage, injury or
loss to.
6.20.1. all employees on the Work and other persons
who may be affected thereby,
6-20.2. all th- Work and all materials or equipment to
be incorporated therein, whether to storage on or off the
site. and
t04 6.20.3 other property at the .ite or adjacent thereto
Irta including tree%, shrubs, lawns, walks, pavements, road
ways, structures and utilities not lestgna(ed for remosal
relmation or replacement in the c r,irse of construction.
No
CONTRACTOR shall comply with , J applicable laws, ordi-
nances, titles, regulations and orders of any public body hav-
ing jurisutction for the safety of persons or property or to pro-
tect them fron damage, injury or loss; and shall erect and
maintain al ^ssary safeguards for such safety and protec-
tion CONT TOR shall notify owners of adjacent prop-
erty and + when prosecution of the Work may affect
them ",II e, injury or loss to any property referred to to
paragra 2 or 6.20 3 caused, dtrectiv or tndtrectly, to
whole u )art, by CONTRACTOR, any Subcontractor or
anvon: wrectly or indirectly emploved by any of them or
anvo,ne for whose acts any of them may he Hable. shall he
remedied by COI`, f RACTOR (except damage or loss attribut-
able to the fault of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or anyone employed by
either of them or anyone for whose acts either of t..em may be
liable, and not attrthutable, directly or indirectly, in whole or
in part, to the t,,ult or negligence of CONTRACTOR).
CONTRACTOR duties and responsibilities for the safety
and protection of the Work snail continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph l4.I: that the Work is acceptable.
6.21. CONTRACTOR shall designate a responsible
member of his organization at the site whose duty shall be the
prevention of accidents. This person shall be CONTRAC-
TOR'S superintendent unless otherwise d--iignated in writing
by CONTRACTOR to OWNER.
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent there-
to. CONTRACTOR, without special instruction or authoriza-
tion from ENGINEER or OWNER, is obligated to act to pre-
vent threatened damage, injury or loss. CONTRACTOR shall
give ENGINEER prompt written notice of any significant
changes to the Work or deviations °rom the Contract Docu-
ments caused therebv.
Shop Drawings and Samples:
6.23. After checking and v_nfytng all field measurements,
CONTRACTOR shall submit to ENGINEER for review and
approval, to accordance with the accepted schedule of Shop
Drawing submissions (see paragraph ZA). tive copies (unless
otherwise specified in the General Requirements) of all Shop
Drawings, which shall have been checked by and stamped
with the approval of CONTRACTOR and identified as
ENGINEER may require. The data shown on the Shop Draw-
ings will be complete with respect to dimensions, design cri-
teria, materials of construction and like information to enable
ENGINEER to review the information as required.
6.23. CC" I AACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause no
delav to Work, all samples required by the Contract Docu-
ments Att samples wtl! have been [necked by and stamped
with the approval of CONTRACTOR, identified clearly as to
material. manufacturer, any pertinent catalog numbers and
the use for which intended
6 25 -Ni the time of each submission. CONTRACTOR
shall in writing call ENGINEFR's attention to any deviations
that the Shop Drawings or samples may have from the
requirements of the Contract Documents.
h.26 ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval shall he only for conformance
with the destgnconcept of the Protect and for compliance with
the information given in the Contract Documents and shall
not xtend to means, methods, sequences, techniques or pro-
IR
cedures of construction or to safety precautions or programs
incident there,o. The review and approval of a separate item
as such will not indicate approval of the assembly in which the
item functions. CONTRACTOR shall make any corrections
required by ENGINEER and shall return the required numl•-r
of corrected copies of Shop Drawings and resubmit new
samples for review and approval. CONTRACTOR shall
direct specific attention in writing to revisions other than the
correctiors called for by ENGINEER on previous submittals.
CONTRAC'TOR's stamp of approval on any Shop Drawing
or sample shall constitute a representation to OWNER and
ENGINEER that CONTRACTOR has either determined and
verified all quantities, dimensions, field construction criteria,
materials, catalog numbers, and similar data or assumes full
responsibility for doing so, and that CONTRACTOR has re-
viewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.27. Where a Shop Drawing or sample is required by the
Specifications, no related Work shall be commenced until the
submittal has been reviewed and approved by ENGINEER.
6.28. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from re-
sponsibility for any deviations from the Contract Documents
unless CONTRACTOR has in writing called ENGINEER's
attention to such deviation at the time of submission and
ENGINEER has given written concurrence and approval to
the specific deviation, nor shall any concurrence or approval
by ENGINEER relieve CONTRACTOR from responsibility
for errors or omissions in the Shop Drawings.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and main-
tain the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
CONTRACTOR and OWNER may otherwise agree in
writing
Indemnification:
6.30. To the fullest extent permitted by law, CON-
TRACTOR shall indemnity and hold harmless OWNER and
ENGINEER and their agents and employees from and against
all claims, damages, losses and expenses including but not
limited to attorneys' fees arising out of or resulting from the
performance of the Work, provided that anv such claim.
damage, loss or expense (a) is attributable to bodily injury.
sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) including the
loss of use resulting therefrom and (b) is caused in whole or in
pan by am negligent act or omission of CONTR-NCTOR, an,.
Sutxontractor, anyone directly or indirectly employed by anv
of them or anyone for whose , anv of them may he liable.
regardless of whether or not t is caused in part by a parity
indemnified hereunder
6.31. In any and all claims against OWNER or ENGI-
NEER or anN of their agetits or emplovm by any employee of
In
CONTRACTOR, any Subcontractor, anyone directly or indi-
rectly employed by any of them or anyone for whose acts any
of them may be liable, the indemnification obligation under
paragraph 6.30 shall not be limited in any way by any limita-
tion on the amount or type of damages, compensation or
benefits payable by or for CONTRACTOR or any Subcon-
tractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER, his
agents or employees ansing out of the preparation or
approval of maps, drawings, opinions, reports, surseys.
Change Orders, designs or specifications.
ARTICLE 7—WORK BY OTHERS
'. I . OWNER may perform additional work related to the
Project by himself, or have additional work performed by
utility service companies, or let other direct contracts therefor
which shall contain General Conditions similar to these.
CONTRACTOR shall afford the utility service companies
and the other contractors who are parties to such direct con-
tracts (or OWNER, if OWNER is performing the additional
--irk with OWNER's employees) reasonable opportunity for
inn introduction and storage of materials and equipment and
0- execution of work, and shall properly connect and coordi-
nate his Work with theirs.
7.2 If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility service company (or OWNER), CON-
TRACTOR shall inspect and promptly report to ENGINEER
in writing any patent or apparent defects or deficiencies in
such work that render it unsuitable for such proper execution
and results. CONTRACTOR's failure so to report shall con-
stitute an acceptance of the other work as fit and proper for
integration with CONTRACTOR's Work except for latent or
non -apparent defects and deficiencies in the other work.
3. CONTRACTOR shall Jo all cutting, fitting and
Patching < f his Work that may he required to make its several
Paris come together properly and integrate with such other
work. CONTRACTOR shall not endanger any work of others
hs cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of
ENGINEER and the others whose work will be affected.
' a If the performance of additional work by other con-
tractors or utility service companies or OWNER was not
noted in the Contract Documents, written notice thereof shall
he ±then to CONTRACTOR prior to starting am suih addi-
tional work. If CONTRACTOR belieses that the perform-
ance of such additional work by OWNER or othe-s involves
additional expense its CONTRACTOR or requires an ex-
tension of the Contract Time. CO%TRAC-TOR may make a
.laim therefor as prosided in Xrticles I I and I..
ARTICLE 8—OWNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
9.2. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whcse
status under the Contract Documents shall be that of the
former ENGINEER. Any dispute in connection with such
appoinment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth ,n paragraphs 4.1 and 4.4 Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of investigations
and tests of subsurface and latent physical conditions at the
site or otherwisi: affecting performance of the Work which
have been relied upon by ENGINEER in preparing the Draw-
ings and Specifications.
8.5 OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 thr. igh 5.7.
8.6. In connection with OWNER's rights to request
changes in the Work in accordance with .Article 10, OWNER
(especially in certain instances as provided in paragraph 10.4)
is obligated to execute Change Orders.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, sce paragraphs 13.10 and 15.1. Paragraph
15.: deals with OWNER's right to terminate services of
CONTRACTOR under certain circumstances
ARTICLE 9—ENGINEER'S STA i 1. S Dt. RING
CONSTRICTION
Owner's Representative
9.1 ENGINEER will be OW'4ER's reapresentative dur-
ing the construction peiw'. —etc dudes and responsibilities
and th ,imitations of authority of ENGINEER as OWNER'%
repre►eniative during construction are tit forth in the Con
tract Doxuments and shall not he extended without written
consent of 0%NER and ENGINEER
Visits to Site:
9 Z. ENGINEER will make visits to the site at intervals
appropriatetothesatsous stages of construct ion to observe the
progress and quality of the executed Work and to determine,
in general, if the Work is proceeding in accordance with the
Contract Documents. ENGINEER will not be required to
make exhaustive or continuous on -site inspections to check
the quality or quantity of the Work. ENGINEER': efforts
will be directed toward providing for OWNER a greater de-
gree of confidence that the completed Work will conform to
the Contract Documents. On the basis of such visits and on -
site observations as an experienced and qualified design pro-
fessional. ENGINEER will keep OWNER informed of the
progress of the Work and will endeavor to guard OWNER
against defects and deficiencies in the Work.
Clarifications and Interpretations:
9.3. ENGINEER will issue will. reasonable promptness
such written clarifications or interpretations of the Contract
Documents (in the form of Drawings or otherwise) as ENGI-
NEER may determine necessary, which shall be consistent
with or reasonably inferable from the overall intent of the
Contract Documents. If CONTRACTOR believes that a writ-
ten clarification or interpretation justifies an increase in the
Contract Price or Contract Time, CONTRACTOR may make
a claim therefor as provided in Article I I or Article 12.
Rejecting Defective Work:
9.4. ENGINEER will have authority to disapprove or
retest Work which is defective, and will also have authority to
require special inspection or testing of the Work as provided
in paragraph 13.9, whether or not the Work is fabricated,
installed or completed.
Shop Drawings, Change Orders and Payments:
9 5 In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6 23 through
6.29 inclusive.
9.6. In connection with ENGINEER', responsibilities as
to Change Orders, see :Articles 10. 11 and 12.
9.7 In connection with ENGINEER's responsibilities in
respect of Applications for Pavrr-nt, etc., see Article 14.
Project Representation
9.8, If OWNER and ENGINEER agree. ENGINEER will
furnish a Resident Protect Representative to assist ENGI-
NEER in observing the performance of the Work. The duties,
responsibilities and limitations of authority of any such
Resident Protect Representative and assistants will be as
provided in the Supplementary Conditions. If OWNER des-
ignates another agtnt to represent him it the sne who is not
ENGINEER's agent or emplovee. the duties. responsibilities
and limitations of authority of such other person will be as
provided in the Supplementary Conditions
Decisions on Disagreements
9.9. ENGINEER will he the initial .nierpreter of the re
quirements of the Contract Documents and fudge of the ai
ceptabtlus of the Work thereunder C!aims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the execution and progress of the Work shall be
referred initially to ENGINEER in writing with a request for a
formal decision in accordance with this paragraph, which
ENGINEER will render in writing within a reasonable time.
Written notice of each such claim, dispute and other matter
shall be delivered by the claimant to ENGINEER and the
other party to the Agreement within fifteen days of the occur-
rence of the event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within forty-five days of such occurrence unless ENGINEER
allows an additional period of time to ascertain more accurate
data. In his capacity as interpreter and judge ENGINEER will
not show partiality to OWNER or CONTRACTOR and will
not be liable in connection with any interpretation or decision
rendered in good faith in such capacity.
9.10. The rendering of a decision by ENGINEER pursu-
ant to paragraph 9.9 with respect to any such claim, dispute or
other matter (except any which have been waived by the mak-
ing or acceptance of final payment as provided in paragraph
14.16) will be a condition precedent to any exercise by
OWNER or CONTRACTOR of such rights or remedies as
either may otherwise have under the Contract Documents or
at law in respect of any such claim, dispute or other matter.
Limitations on £NI-IN££R's Responsibilities:
9.11. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor anv
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR, anv Sub-
contractor, any manufacturer, fabricator, supplier or dis-
tributor. or any of their agents or employees or anv ether
person performing any of the Work.
9 1 Whenever in the ( ontract Documents the terms "as
ordered". "as directed". "a, required". "as allowed" or
terms of like effect or import are used, or the ad)ecn%rs
"reasonable", "suitable". "acceptable". "proper" or
"satisfactory" or adjecti%e% of like effect or import are used.
to describe requirement. direction, review or judgment of
ENGINEER as to the Work, it is intended that such require-
ment, direction. review or judgment will be solely r) evaluate
the Work for compliance with the Contract Document%
lunless there is a specific statement indicating otherwise) The
use of an% such term or adjective never indicates that ENGI-
NEER shall have authority to supervise or direct performance
of the Work or authority to undertake responsibility contrary
to the provision% of paragraphs 9.13 or 9.14.
9.13. ENGINEER will not be responsible for CON-
TRACTOR's mean%, method% techniques, sequences or pro-
cedures of construction, or the safety precautions and
programs incident thereto, and ENGINEER will not be re-
sponsible for CONTRACTOR'% failure to perform the \kork
in accordance wtth the Contract Document%
Iv
9.14. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractors, or of
the agrots or employees of any CONTRACTOR or Subcon-
tractor, or of any other persons at the site or otherwise
performing any of the work
AR riCLE 10—CHANGES IN THE WORK
10 I. Without in%andating the Agreement. OWNER ma%.
at any time or from time to time, order additions, deletions or
revision% in the WorK; these wdll be authorized by Change
Orders. Lpon receipt of a Change Order. CONTRACTOR
shall proceed with the Work involved. All such Work shall be
executed under the applicable conditions of the Contract
Documents. If any Change Order causes an Increase or de-
crease in the Contract Price or an extension or shortening of
the Contract Time, an equitable adjustment will he made as
provided in Article I I or Article 12 on the basis of a claim
made by either party
10.2 ENGINEER may authorize minor changes in the
Work not involving an adjustment in the Contract Price or the
Contract Time, which are cons.steni with the overall intent of
the Contract Documents Th-sr may be accomplished by a
Field Order and shall he binding on OWNER. and also on
CONTRACTOR wno .hall pertorm the change prompt]% If
CONTRACTOR bche%e% that a Field Order iustifies an
increase in the Contract Price or Contract Time, CON-
TRACTOR may make a claim therefor as pro%ided in Article
I I or article 12.
10 ? Additional Work performed without authorization
of a Change Order %.ill not entitle CONTRACTOR to an in-
crease in the Contract Price or an extension of the Contract
Time, except in the case of in emeritencv as pfo%ided in para-
eraph h 22 and except as pro%idcd in paragraphs 10 _ and
it 9
10 4 OA NER shall execute appropriate Change Orders
prepared h% ENGINEER :o%ering changes n the Work which
are required by OWNER. or required hecause of unforeseen
phv%ical conditions or emergencies. or because of uncovering
Work found not to he defective, or as provided in paragraphs
I 1 %) or I 1 .10. or because of anv other claim of CONTRAC-
TOR for a change in the Contract Time or the Cor•ract Price
,Ahich is recommended h% ENGINEER.
10.5 It notice of am change affecting the general ..opt
of the Work or change in the Contract Price is required by the
provisions of am &md to be given to the Surer, it will be
CONTRACTOR's responsibility to so notifv the Surety, and
the amount of each applicable Bond shall he adjusted accord-
ingly t 4%%TRACTOR .hell furnish proof of such idiust-
nxni tooA►NUR
ARTICLE II —CHANGE OFCONTRACT PRICU
II I. The Contract Price constitutes the total
compensation (subject to authorized adjustments) payable to
rA
to
I
o:1--
CONTRACTOR for performing the Work. All duties, re-
sponsibilities and obligations assigned to or undertaken by
CONTRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a
Change Order. Any claim for an increase in the Contract
Price shall be based on written notice delivered to OWNER
and ENGINEER within fifteen days of the occurrence of the
event giving rise to the claim. Notice of the amount of the
claim with supporting data shall be delivered within forty-five
days of such occurrence unless ENGINEER allows an addi-
tional period of time to ascertain accurate cost data. All
claims for adjustment in the Contract Price shall be deter-
mined by ENGINEER if OWNER and CONTRACTOR can
not otherwise agree on the amount involved. Any change in
the Contract Price resulting from any such claim ,hall be in
corporated in a Change Order
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways.
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraph 11.9).
11.3.2. By mutual acceptance of a lump sum.
11.3.3. On the basis of the Cost of the Work (deter-
nuned as provided in paragraphs 11.4 and 11.5) plus a
Contractor's Fee for overhead and profit (determined as
provided in paragraph t 1 61.
Cost of the Work
11.4. The term Cost of the Work means the sum of all
costs necessaniv incurred and paid by CONTRACTOR in the
proper performance of the Work. Except as otherwise ma} he
Af- •ed to m writing by OWNER, such costs hall be in
amounts no higher than those prevailing in the locality of the
Project. shall include only the following Beer,% and shall not
include any of the costs nemi:rd in paragraph 1 1 .5
11.4.1. Payroll costs for employees in the direct
employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon
by OWNER and CONTRACTOR. Payroll costs foi em-
ployees not employed full time on the %k ork shall be apptm
coned on the basis of their erne spent on the Work.
Payroll costa shall include, but not he limited to, salaries
and wages plus the cost of fringe benefits which shall
include social sect.riiv contributions, unemployment.
excise and payroll taxes, workers' or workmen's compen-
sation, health and retirement benefits, bonuses, sick leave.
vacation and holidav pav applicable ihereto. Such empl^v
ces shall include superintendents and foremen at the sue
The expenses of performing Work after regular working
hour, on Sundas or Ic.al holidays, shall he in.luded ;it ;he
ih4)%e to the estcni authonted hs t M NUR
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of transpor-
tation and storage thereof, and manufacturers' field
services required in connection therewith. All cash di -
counts shall accrue to CONTRACTOR unless OWNER
deposits funds with CONTRACTOR with which to make
payments, in which case the cash discounts shall accrue to
OWNER. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to OWNER and CONTRACTOR shall make provi-
sions so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors. If
required by OWNER. CONTRACTOR shall obtain com-
petitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontractor's Cost of the Work
shall be determined in the same manner as CONT.AC-
TOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar
as applicable.
11 .4 4. Costs of special consultants (including, but no,
limited to, engineers, architects, testing laboratories, sur-
vevors, lawvers and K..ountantsi employed for services
apes fically related to the Work.
11.4 5 Supplemental .oats including the following:
11.4.5.1. The proportion of necessary trans-
portation, trawl and subsistence expenses of CON-
TRACTOW, employees incurred in discharge of duties
:onnected with the Work
11.4.5.2. Cost, including transportation and
maintenance, of all mate- 's, supplies, equipment,
machinery, appliances, off.., and temporary facilities
:it the site and hand tools not owned by the workmen,
which are consumed in the performance of the Work,
and volt less market value of such items used but not
:onsumed which remain the property of CON-
TRACTOR.
11 4.5.3. Rentals of ad :nnstruction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the cos, of transportation. loading.
unloading, installation, dismantling and removal
thereof —all in accordance with terms of said rental
agreements. The rental of any such equipment.
machinery or parts shall cease when the use thereof i,
no longer necessary for the Work
11.4.5.4. Sales, use or similar taxes related -o the
Work, and for which CONTRACTOR is liable,
imposed by any ,overnmentai authority
11.4.5.5. Deposits lost for causes other than CON
TRACTOR's negligence, royalty payments and fees lot
permits and licenses.
11.4.5.6. Losses and damages (and related
expenses), not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR
in connection with the execution of the Work, provided
they have resulted from causes other than the negligence
of CONTRACTOR, any Subcontractor, or anyone di-
rectly or ;ndirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall
include settlements made with the written consent and
approval of OWNER. No such losses, damages and ex-
penses shall be included in the Cost of the Work for the
purpose of determining Contractor's Fee. If, however,
any such loss or damage requires reconstruction and
CONTRACTOR i� placed in charge thereof, CON-
TRACTOR shall be paid for services a fee proportion-
ate to that stated in paragraph 11.6.2
11.4.5.7. The cost of utilities, fuel and sanitary
facilities at the site.
11.4.5.8. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partner-
ship and sole proprietorships), general managers.
engineers architects, estimators, lawyers, auditors,
accountants, purchasing and contracting agents, exped,-
ters, timekeepers, clerks and other personnel employed by
CONTRACTOP whether at the site or in his principal or a
branch office for general administration of the Work and
not specifically included in the agreed upon schedule of lob
aassificatioas referred to in subparagraph 11 4.1—all of
which are to be considered administrative costs covered by
the Conti actor's Fee.
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
;ite.
115 3 Any part of CONTRACTOR's capital ex-
penses, including interest on (.-ONTRACTOR's capital
employed for the Work and charges against CON-
TRACTOR for delinquent payments.
I L � 4 t'ost of premiums for all Bonds and for all in-
,urance whether of not c ON TRACTOR required b% 'he
,o
Contract Documents to purchase and maintain the same
(except fur additional Bonds and insurance required be-
cause of changes in the Work).
II.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone direc•ly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the correction
of defective Work, disposal of materials or-quipment
wrongly supplied and making good any damage to
property.
11.5.6. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
Contractor's Fee:
11.6. the Contractor's Fee allowed to CONTRACTOR
for overhead and profit shalt be determined as follows:
1 1 .6.1 . a r-utually acceptable fixed fee; or if none can
be agreed upon,
1 1 .6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs
! 1 .4.1 and 11.4.2, the Contractor's Fee shall be ten
percent,
11.6.2.2. for costs incurred under paragraph
11.4.3, the Contractor's Fee shall be five percent: and if
a subcontract is on the basis of Cost of the Work Plus a
Fee, the maximum allowable to the Subcontractor as a
fee for overhead and profit shall be ten percent, and
11.6.2.3. no fee shall be pavable on the basis of
costs itemized under paragraphs 114 4, 11 4.5 and
1!.5.
1 I.' The amount of credit to be allowed by CONTRAC-
TOR to OWNER for any such change which r"utis in a net
decrease in cost, will be the amount of the actual net decrease.
When both additions and credits are involved in any ne
change, -',e combined overhead and profit shall be figured on
the hasis of the net increase. if any
Adjustment of Unit Prices:
111. Wheueyer the cost of any Work is to be determined
pursuant to paragraphs t 1 .4 and 11.5, CONTRACTOR will
,ubmit in form acceptable to ENGINEER an itemtLed co.t
breakdown together with supporting data.
11.9 Where the quantity of Work with respect to any
item that is covered by a unit price differs materially and sig-
nificantly from the quantity of such V1ork indt.ated in :hc
k'oniract Documents, an appropriate Change Order ,hall he
issued on recommendation of ENGINEER to adjust the unit
price
trd
am
r„
MW
Cash Allowances:
11.10. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done by
such Subcontractors, manufacturers, fabricators, suppliers or
distributors and for such sums within the limit of the allow-
ances as may be acceptable to ENGINEER. Upon final pay-
ment, the Contract Price shall be adjusted as required and an
appropriate Change Order issued. CONTRACTOR agrees
that the original Contract Price includes such sums as CON-
TRACTOR deems proper for costs and profit on account of
cash allowances. No demand for additional cost or profit in
connection therewith will be valid
ARTICLE 12—CHANGE OF THE CONTRACT TIME
12.1. The Contract Time may only he changed by a
Change Order. Any claim for an extension in the Contract
, ime shall be based on written notice delivered to OWNER
and ENGINEER within fifteen days of the occurrence of the
event giving rise to the claim. Notice of the extent of the claim
with supporting data shall be delivered within forty-five days
of such occurrence unless ENGINEER allows an additional
period of time to ascertain more accurate data. All claims for
adjustment in the Contract Time shall be determined by
ENGINEER if OWNER and CONTRACTOR cannot other-
wise agree. Any change in the Contract Time resulting from
any such claim shall be incorporated in. order.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include, but not be limited to,
acts or neglect by OWNER or others performing additional
Work as contemplated by Article 7, or to fires, floods, labor
•nulenitbi, weather conditions, or acts of
12.3. All time limits stated in the Contract Documents ire
of the essence of the Agreement. The provisions of this Article
12 shall not exclude recovery foi damages (including compen-
sation for additional professional services) for delay by either
party
ARTICLE 13—WARRANTY ANDGUARANTEE.
TESTS AND INSPECTIONS, CORREC
TION, REMOVAL OR ACCEPTANCE
OF DEFECTIVE WORK
Warrenty and Guarantee:
13 I CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will t e in accordance
with the Contract Documents and will not he defective.
Prompt notice of all defects %hail be given to (-ONTRAC
TOR Vl detective Work, whether it not in place. -nay be
rejected, corrected or accepted as orovtded in this .Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER'S representatives,
other representatives of OWNER, testing agencies and gov-
ernmental agencies with jurisdictional interests will have ac-
cers to the Work at reasonable times for their observation, in-
spection and testing. CONTRACTOR shall provide proper
and safe conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely
nonce of readiness of the Work for all required inspections,
tests or approvals.
13.4. If any law, ordinance. rule, regulation, code, or
order of any public body having jurisdiction requires any
Work (or part thereof) to specifically be inspected, tested or
approved, CONTRACTOR shall assume full responsibility
therefor, pay all costs in connection therewith and furnish
ENGINEER the required certificates of inspection• testing or
approval. CONTRACTOR shall also be responsible for and
shall pay ail costs in connection with any inspection or testing
required in connection with OWNER's or ENGINEER's ac-
ceptance of a manufacturer, fabricator, supplier or distrib-
utor of iaterials or equipment proposed to be incorporated in
the Work, or of materials or equipment submitted for ap-
proval prior to CONTRACTOR's purchase thereof for incor-
poration in the Work. The cost of all other inspections, tests
and approvals required by the Contract Documents shall be
paid by OWNER (unless otherwise specified).
13 5 All inspections, tests or approvals other than those
required by law, ordinance, rule. regulation, code o- order of
any public body having )urisdicrton shall be performed by or-
ganizations acceptable to OWNER and CONTRACTOR (or
by ENGINEER if so specified).
13.6. If any Work that is to be inspected, tested or ap-
proved is covered without written concurrence of ENGI-
NEER, it must. it requested by ENGINEER. be uncovered
for observation Such uncovering shall oe at CONTRAC-
TOR's expense unless CONTRACTOR has given ENGI-
NEER timelsv notice of CONTRACTOR's intention to cover
.uch Work and ENGINEER has not acted with reasonable
promptness in response to such notice
14 ' Neither observation-, by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR from his obligations to perform the %%ork in accordance
with the Contract Documents
Uncovering Work
13.8. If any Work is covered contrary to the written re-
quest of ENGINEER. it must, if requested by ENGINEER,
be uncovered for ENGINEER'% observation and replaced at
( ONTRACTOR's expense
11 v If ENGINEER •.onstders it necessary or advisable
that covered Work he ,observed by ENGINEER or inspected
or tested by .xner. CONTRACTOR, at ENGINEER's re-
am
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may re-
quire, that portion of the Work in question, furnishing all
necessary labor, material and equipment. If it is found that
such Work is defective. CONTRACTOR shall bear all the ex-
penses of such uncovering, exposure, observation, inspection
and testing and of satisfactory reconstruction, including com-
pensation for additional professional services, and an appro-
priate deductive Change Order shall be issued. If', however,
such Work is not found to be defective. CONTRACTOR shall
be allowed an increase in the Contract Price or an extension of
the Contract Time, or both. directly attributable to such un-
covering, exposure, observation, inspection, testing and
reconstruction if he makes a claim therefor a% provided in
Articles 11 and 12.
OwnerMay Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails
to supply sufficient skilled workmen or suitable materials or
equipment, OWNER may order CONTRACTOR to stop the
Work, or anv portion thereof, until the cacse for such order
has been efiminated; however, this right of OWNER to stop
the Work shall nor give rise to any duty on the part of
OWNER to exercise this right for the benefit of CONTRAC-
TOR or any other party.
Correction or Removal of Defective 14'ork:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly. without cost to OWNER and as specified by EN(iI-
NEER, either correct any detecuse Work, whether or not fab-
ricated, installed or completed, or, if the Work has been re-
jected by ENGINEER, remove it from the site and replace it
with nondefective Work.
One Year C )rrection Period.
1? 12- f within one year after the date of Substantial
(:ompletior or such longer period of time as may be pre-
scribed by law or by the terms of ans applicable special
guarantee required by the Contract Documents or by any spe-
cific provision of the Contract Documents, anv Work is
found to be defective. CONTRACTOR shall promptly.
without cost to (,ANER and in accordance with OWNER'%
written instructions. either correct such defective Work, or, if
it has peen rejected by OWNER, removc it from the site and
replace it with nondefectise Work If CONTRACTOR does
nor nrompijv comply with the !erms of such instructions, or in
an emergency where delay would :ause serious risk of loss or
damage. OWNER may have the detccti%c Work corrected or
the rejected Work removed and ---placed, and all direct and
indirect costs of such removal and replacement, including
compensation for additional professional services, shall he
paid by CONTRACTOR
.4cCgMffMV of Defective 14 ork:
13.13. It, instead of requiring correction or removal and
replacement pit defective Work. OWNER land. prior to
ENGINEER'% recommendation of final payment, also ENGI-
NEER) prefers to accept it. OWNER may do so. In .uch case.
if acceptance occurs prior to EN(;INFER's recommendation
of final payment, a Change Order shall be issued incorporat-
ing the necessary revisions in the Contract Documents, i.iclud-
ing appropriate reduction in the Contract Price; or, if the ac-
ceptance occurs after such recommendation, an appropriate
amount shall tie paid by CONTRACTOR to OWNER.
0W.ti'ER Nav Correct Defective Work:
13.14 If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents (including any re-
quirements of the progress schedule). OWNER may, after
,even dass' written notice to CONTRACTOR, correct and
remedy any such deticienc%. In exercising his rights under this
paragraph OWNER shall proceed expeditiously To the extent
necessary to complete corrective and remedial action.
OWNER may exclude CONTRACTOR from all or part of
the site. take possession of all or part of the Work, and sus-
pend CONTRACTOR's services related thereto, take posses-
sion of CONTRACTOR',, tools, appliances, construction
equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for
which OWNER has paid CONTRACTOR but which are
stored elsewhere. CONTRACTOR shall allow OWNER,
OWNER's representatives. agents and employees such access
to the site as may be necessary to enable OWNER to exercise
h,s rights under this paragraph. All direct and indirect costs of
C .VNER in exercising such rights shall be charged against
CONTRACTOR in an amount verified by ENGINEER, and a
Change Order shall be issued incorporating the necessary resl-
%ions in the Contract Documents and .' rit,iucrion in the Con-
tract Price. Such direct and indirect cows shall include, in par-
ticular but without limitation, compensation for additional
professional .cry ices required and all costs of repair and
replacement of work of others destroyed or damaged by cor-
tection. removal or replacement of CONTRACTOR', defec
n%c A ork CONTRACTOR shall not be allowed an extension
of the Contract Time because of any delay in performance of
Hie Work a,tributable to the exercise by OWNER of
OWNER',, rights hereunder
ARTICLE la —PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedules.
14.1 -Ni least ten ,lass prior to submitting the first Appli-
cation for a progress payment. CONTRACTOR .hall texcept
as otherwise specified in the General Requirements) submit to
ENGINEFR a progress schedulc. a final schedule of Shop
Drawing uhmission and whet e .ipplicable a schedule of val-
ues of the A ork These schedules shall he satisfactor in form
and suhstance to ENGINEER The schedule of values shall in-
clude quantities and unit prices aggregating the Contract
Price. and shall subdivide the Work into component puts in
%uftictem detail to serve as the basis for progress pavments
during construction. Upon acceptance of the whedwe of val-
ues by ENGINEER, it shall be incorporated into a form or
Application for Payment acceptable to ENGINEER
IO
Applicatton for Progress Pavmenr:
14.2. At least ten days before each progress payment falls
due (but not more often than once a month), CONTRACTOR
shall submit to ENGINEER ,or review an Application for
Payment filled out and signed by CONTRACTOR covering
the Wr rk completed as of the date of the Application and
accompi nied by such •oorting documentation as is
required by the Contract ments and also as ENGINEER
may reasonably require. It , ,iyment is requested on the basis
of materials and equipme:t not incorporated in the Work but
delivered and suitably stored at the site or at another location.
agreed to in writing, the Application for Payment shall also be
accompanied by such data, satisfactory to OWNER, as will
establish OWNER's title to the material and equipment and
protect OWNER's interest therein, including applicable
insurance. Each subsequent Application for Payment shall
include an affidavit of CONTRACi `IP stating that all
previous progress payments received on account of the Work
have been applied to discharee in full all of CONTRACTOR'%
obligations reflected in prior Applications for Payment. The
amount of retainage with respect to progress payments will be
as stipulated in the Agreement.
CO.%TRAC:'TOR's Warrunty of little:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by and Appli-
cation for Payment, whether incorporated in the Project or
not, will pass to OWNER at the time of payment free and
clear of all liens, claims, security interests and encumbrances
thereafter in these General Conditions referred to is
"Liens").
Review of ,4pplicattons for Progress Pavmenr:
14.4 ENGINEER will. within ten ,lays after receipt of
each Application for Pavmenr. either indicate in writing a rec-
ommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER'% reasons for refusing to recom-
mend payment In the latter case. CONTRACTOR may make
the necessary corrections and resubmit the Application
OWNER shall, within ten days of presentation to him of the
Application for Pavment with ENGINEER's rmommenda-
non pay CONTRACTOR the amount recommended
14 5 ENGINEER's recommendation of any payment re-
quested in an Application for Pavment will constitute a rep-
resentation by ENGINEER to OWNER. based on ENGI-
NEER', on -site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER'% review of the Application for Pavment and the
accompanving data and .chedules that the Work has pro-
gressed to the Iximi indicated. that. iu the hea of
ENGINEER'. knowledge. information and belief, the quality
of the Work is in accordance with the Contract Documents
isubtect to an evaluation of the Work as a functioning Proieci
upon Substantial Completion, to the results of anv subsequent
teas called for in the Contract Documents and aiA quahtiea
iiuns rated in the recommendation and that CONTR 1t
TOR is entitled to payment of the amount recommended
However, by recommending any such payment ENGINEER
µall not thereby be deemed to have represented that exhaustive
or continuous on -site inspections have been made to check the
quality or the quantity of -he Work, or that the means,
methods, techniques, sequences, and procedures of .onstruc-
tion have been reviewed or that any examination has been
made to ascertain how or for what purpose CONTRACTOR
has used the moneys paid or to be paid to CONTRACTOR on
account of the Contract Price, or that title to any Work,
materials or equipment has passed to OWNER free and clear
of any Liens.
14.6. ENGINEER's recommem'.., . n of final payment
will constitute an additional ;efre.eni.r on by ENGINEER to
OWNER that the coodmuns ; ecedent to CONTRACTOR's
hung entitled to final payn -7,- as set forth in paragraph 14.13
':Ave been fulfilled.
14.?. ENGINEER may refuse io recommend the whole or
any part of any payment if. in his opinion, it would he incor-
rect to make such representations to OWNER. He may also
refuse to recommend any such payment, or. because of subse-
quently discovered evidence or the results of subsequent in-
spections or tests, nullify and such payment previously recom-
mended to such extent as may be necessary in ENGINEER':
opinion to protect OWNER from loss because:
14 '. I the Work i, defective, or :ompicied Work has
been damaged requiring :orration or replacement.
;4.-.2. written claims have kern made against
OWNER or Liens have been filed in .onnwion µith the
ork.
14 '.3. the Contract Prive has been reduced because of
Modifications,
14.'.4. OWNER has been required to correct defective
Work or complete the Work in accordance with paragraph
13.14.
14.'.5. of CONTRACTOR's unsaii,faciory prosecu.
tion of the Work in accordance with the Contract
Documents, or
14.'.6 CONTRACTOR's failure to make payment to
Subcontractors, or for !abor, materials or equipment
Substantial Completion.
14.8. When CONTRACTOR considers ;he enure Work
ready for its intended use CONTRACTOR shall, in writing to
OWNER and ENGINEER. certifv that the entire Work i%
suhstantiaily complete and request that ENGINEER issue a
certificate of Substantial Complexion. within a reasonable
time thereatter. OWNER. CONTRACTOR and ENGINEER
shall make an inspection of the Work to determine the status
of :ompletion If ENGINEER does not consider the Work
,uhsianuall% complete. ENGINEER will notify CONTRAt.
TOR in writing giving his reasons therefor If ENGINEER
considers the Work substantially complete. ENGINEER will
prepare and deliver to OWNER a tentative certificate of Sub-
stantial Completion which shall fix the crate if Substantial
Completion. (here ,hall be attached to the certificate a tenta-
tive list of items to be completed or corrected before final pay-
ment. OWNER shall have seven days after receipt of the ten-
tative certificate during which he may make written objection
to ENGINEER as to any provisions of the certificate or
attached list. If, after considering such objections. ENGI-
NEER concludes that the Work is not substantially complete,
ENGINEER will within fourteen days after submission of the
tentative certificate to OWNER notify CONTRACTOR in
writing, stating his reasons therefor. If, after consideration of
OWNER's objections, ENGINEER considers the Work suo-
stantially complete. ENGINEER will within said fourteen
days execute am deliver to OWNER and CONTRACTOR a
definitive certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected) reflecting
such changes from the tentative cert.f,cate as ne believes justi-
fied after consideration of any objections from OWNER. At
the time of delivery of the tentative certificate of Substantial
Completion ENGINEER will deliver to OWNER and CON-
TRACTOR a written recommendation as to division of re-
sponsibilities pending final payment between OWNER and
CONTRACTOR with respect to security, operation, vafety.
maintenance, heat, utilities and insurance Lriless OW'!tER
and CONTRACTOR agree otherwise in writing and so it,
form ENGINEER prior to his issuing the definitive certificate
of Substantial Completion ENGINEER's aforesaid recom-
mendation will be binding on OWNER and CONTRAS TOR
until final payment.
14.9. OWNER %hall have the right to exclude CON-
TRACTOR from the Work after the date of Substantia! Com
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentan%e list
Partial Utilization:
14.10. Use by OWNER of completed portions of :hc
Work may be accomplished prior to Substantial ( ompletion
of all the Work subject to the following
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to uw an% part
of the Work which OWNER believes to he substantially
.omplete and which may be so used wtihcut significant
interference with construction of the other parts of the
Work. If CONTRACTOR agrees. CONTRACTOR will
certify to OWNER and ENGINEER that said part of the
Work is substantially complete and request ENGINEER to
issue a certificate of Substantial Completion for that part
of the Work Within a reasonable time thereafter
OW! :ONTRACTOR and ENGINEER shall make
an rosy icon of that pan of the Work to determine its
status of completion. V ENGINEER dues not consider
that part of the Work to be %ub%tannall% :omplete, UN
GINEER will notih OWNER and CONTRA(. TOR in
writing giving his reasons therefor If ENGINEER :on
siier% that part of the Work to be substantially :omplete.
ENGINEER will execute and deliver to OWNFR and
CONTRACTOR a %ertifi,ate to that effect, fixing the date
of Substantial Completion as o that pert of .he Work.
attach'ng thereto a tentative list of items to be completed
or cortwed before final payment. Prior to issuing a certi-
ficate of Substantial Completion as to part of the Work
ENGINEER will deliver to OWNER and CONTRACTOR
a written recommendation as to the division of responsi-
bilities pending final payment between OWNER and CON-
TRACTOR with respect tc security, operation, safety,
maintenance. utilities and insurance for that part of the
Work which shall become binding upon OWNER and
CONTRACTOR at the time of issuing the definitive cer-
tificate of Substantial Completion as to that part of tr.e
Work unless OWNER and CONTRACTOR shall have
otherwise agreed in writing and so informed ENGINEER.
OWNER shall have the right to exclude CONTRACTOR
tram any part of the Work which ENGINEER has so certi-
fied to be substantially complete, but OWNER shall allow
CONTRACTOR reasonable access to complete or correct
items on the tentative list.
14 10.2. In lieu of the issuance of a certificate of Sub-
stantial Completion as to part of the Work. OWNER may
take over operation of a facility constituting part of the
Work whether or not it is substantially complete if such
faulity is functionally and separately useable: provided
that prior to am such takeover, OWNER and CONTRAC-
TOR have agreed as to the division of responsibilities
i:c-ween OWNER and CONTRACTOR for security, oper-
ation. sawT,. maintenance. correction period, heat. utili-
ties and insurance with respect to such tacilin
14 10.1 No oct.. fancy of part of the Work or taking
o%er of operations of a facility will be accomplished prior
to compliance with the requcements of p!ragraph 4 14 in
respect of property• insurance.
Frnai Inspection.
14 11 Upon written notice from CONTRACTOR that
the Work is :omplete. ENGINEER will make a final inspec-
tion with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this in-
spection reveals that the Work is incomplete or defective.
CONTRACTOR shall immediately take such measures as are
nerr,san to remed% such deficirncle,
Frnai Appiic-a(mm Jor Pa vnrerrt
14 12. After CONTR \C--TOR has :ompleted all such cor-
rections to the satisfaction of ENGINEER and deli%ered all
maintenance and operating instructions. Schedules. guaran-
tees. &)nds. :criilt:.iteN ,it inspection, -marked-up record
documents and other d%xuments—all as required by the Con-
tract Documents, and after ENGINEER has indicated that the
Work is acceptable (sub)ect :o the provisions of paragraph
14 16). CONTRACTOR mas make applicatir Al pay
merit following the procedure for progress T','
f tnal Application for Payment shall be acconi all
documentation :ailed for in the Contract Dc•cum n
other data and s:hedules as EN(.,INEFR mov ie^
quire. together with :omplete and legallN :`fecti%r r
r'1
L
its
waivers (satisfactory to OWNER) of all Liens arising out of
or filed in connection with the Work. In lieu thereof and as
appro OWNER. CONTRACTOR may furnish receipts
or releast full; an affidasit of CONTRACTOR that the re-
leases and :ceipts include all labor, services, material and
equipment for which a Lien could be filed, ano that all pay-
rolls, material and equipment bills. and other indebtedness
connected with the Work for which OWNER or his property
might in any way be responsible, have been Paid or otherwise
satisfied; and consent of the Surety, if any, !o final payment.
If any Subcontractor, manufacturer, fabricator, supp:ier or
distributor fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Final Pi:ymen► and Acceptance:
14.13. If. on the basis of ENGINEER', observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation —all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR has fulfilled all of
his obligations under the Contract Documents, ENGINEER
will, within ten days after receipt of the final Application for
Payment, indicate in writing his recommendation of payment
and present the Application to OWNER for payment. There-
upon ENGINEER will give written notice to OWNER and
CONTRACTOR that the Work is acceptable subject to the
provisions of paragraph 14.16. Otherwise, ENGINEER will
return the Application to CONTRACTOR, indicating in
writing the reasons for refusing to recommend final pay-
ment, in which case CONTRACTOR shill make the necessar r
corrections and resubmit the Application. If the Application
and accompanying documentation are appropriate as to form
and substance. OWNER shall, within thirty days after receipt
thereof pay CONTRACTOR the amount recommended by
ENGINEER.
14.14. If, through no fault of CONTRACTOR, final .om-
pletion of the `Rork is gnificantl% delayed thereof and it
ENGINEER so confirms. OWNER shall, upon receipt of
CONTRACTOR's final application for Payment and recorn
mendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. It the remaining
balance to be held by OWNER for Work not hilly wmplctcd
or corrected is less than the retainage stipu.ated in the \gree
ment. and if Bonds have been furnished as required in para
graph 5.1. the written consent of the Surety to the pasmeni of
the balance due for that portion of the Work fully completed
and accepted shall be ,ubmitted by CONTR ACTOR to EN
GAN
EER with th • Application ;or such payment such pay
ment shall he made under the terms and conduuin% governing
final payment, escepi that it ,halt not constitute a caner of
claims.
Contractor's Continutnq OAligation
14.15 CONTRACTOR's ohligation to periorm and .om
plete the Work in accordance with the Contract Lki:uments
shall be absolute. Neither recommendation of any progress or
final payment by ENGINEER, nor the issuance of a certifi-
cate of Substantial Completion, nor any payment by OWNER
to CONTRACTOR under the Contract Documents, nor any
use or occupancy of the Work or any part thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so, nor the issuance of a notice of acceptability
by ENGINEER pursuant to paragraph 14.13, nor any correc-
tion of defective Work by OWNER shall constitute an accept-
ance of Work not in accordance with the Contract Documents
or a release of CONTRACTOR': obligation to perform the
Work in accordance with the Contract Documents.
Waiver of Claims:
14.16. The making and acceptance of final payment shall
constitute:
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled
Liens, from. defective Work appearing after final inspec-
tion purse: int to paragraph 14 11 or from failure to
comply wits- he Contract Documents or the terms of any
special guarantees specified therein: however. it shall not
constitute a waiver by OWNER of any rights in respect of
CONTRACTOR's continuing obligations under the
Contract Documents: and
14 16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those preciously made in writ-
ing and still unsettled.
ARTICLE 15—SUSPENSION OF WORK AND
TERMINATION
Owner .Hqv Suspend Work.
15.1. OWNER mac•. at any time and without cause, sus-
pend the Work or any portion hereof for a period of not
more than ninety days by notice in writing to CONTRAC-
TOR and ENGINEER which shall fit the date on which Work
shall be resumed. CONTRACTOR shall resume the work on
the date so fixed. CONTRACTOR will be allowed an increase
in the Contract Price or an extension of the Contract Time, or
hush, directly attributable to any suspension if he makes a
in therefor as provided in Articles I I and I Z'
Owner.tfav Terminate-
15 .1. L'pon the o- %rence of any ne or more of the
following events
15 2 1 it CONTRA) TOR is adjudged a bankrupt or
insolvent,
I' :.2 if CONTRACTOR makes a general assign-
ment for the benefit of creditors.
15 2J if a trustee r receiver is appointed for CON-
TRACTOR or fur any of CONTRA( TOR's property.
15 2.4. if C(j, :TRACTOR files a petition to tt, id -
vantage of arty deator's act, or to reorganize under the
bankruptcy or sim,' laws,
15.2.5. it CONTRACTOR repeatedly tails to si:ppiv
s,•'`icient skilled workmen or suitable materials or
equipment,
15.2.6. if CONTRACTOR repeatedly fails to n dlt.
pr mpt payments to Subcontractors or for labor, materials
or equipment,
15.2 7. if CONTRACTOR Jisregards laws, ordi-
nances. -ules, regulations or orders of any public bods
having )t.: isdicnon,
15.2.8. if Ct)NT' TOR disre,3rds the authority of
ENGINEER, or
15.2.9. if CONTF ' - otherwise stolates in any
substantial way any pr. o,isions of the Contract
Documents,
OWNER may after giving CONTRACTOR and his Surety
s- - L4 written noti,e, terminate the senrces of CON-
i K + ()R. exclude CONTRACTOR from the site and take
possession of the Work and of all CONTRACTOR's tools,
appliances, construction equipment and machinery at the site
and use the same to the full extent they could be used 1-v CON-
TRACTOR !without liability to CONTRACTOR foi :res7ass
or conversion). incorporate is the Work all materials and
equipment stored at the site or icr which OWNER has paid
CONTRACTOR but which are stored elsewhere, and finish
the Work as OWNER may deem expedient. In suet, case
CONTRACTOR shall not be entitled to receive any fur*her
payment mitil the W,vk is finished If the unpaid balance of
the Contrast Price exceed, the Ji—ct and indirect costs of
completing the Work, including compensatiot, 'or addifi cal
professional services, such excess shall be paid to rRAC-
TOR. !f such costs exceed such unpaid balance, • i-RAC
TOR ,hall pay the difference to OWNER. Such cost •neurred
by OWNER ,hall be nii�d Sy ENGINEER a .xrron-
rated in a Chanrte O,Jer, but in finishing the Wo-
.hall not he requi,:d it, obtain the lowest tigure •
perfurmed.
it i Where CONTRAC,rows services have been so
te.m.nated by OWNER, the termination `ball not affect any
sights of OWNFR against CONTRAX"! ih-ri existing or
which m.,, thereafter accrue. An, re, ^—iiii t
mone, s „ue CONTRACTOR h% t
t ONTRACTOR from liahihts
,' . Upon srvrndays' ion Mm
and EN[;INrFP OWNER ,. ,: ti.. d v!dh
pr.,.,: - .i %av other right or r o a: a Idon ,it.
Wo: J ir-niT`9te the Agretrtr. it .tA. CON.
TRACT.o.tt shall be paid for 411 Rork ta:.utes: And any ira-
ms sustit a.—d plus i easortabl- tei ,nination expenw.
_t,
Corrru,•rur Nu_v Stop Work or Terminate.
` it, through no act or fault of `t ,1I'RACTOR, the
N k r, ,spended for riod of more tr.,+n ninety days by
OW stt R or under an on._•r of court or othe+ ,rublic authority,
o. INFER fails to act on any Application for Payment
'A i, ,.iry days after it is submitted, or OWNER fails for
thirty lays to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRA COR may, ipou seven
Jays written notice to OWNER ana ENGINEEk, terminate
the itgrerment end recover from OWNER paymei, for all
Work executed awa any expense sustained plus reasonable
terrr:nation expenses. In audition and i,, lie,- - -- urinating
the \greement, if ENGINEER'- to ac; „r kpph-
cauon for Payment or OWNER h.+ nak, day pay-
ment as aforesaid, CONTRACTOr sev . n days'
notice to OWNER and ENGINEER si )p it., *York ur .il pay
ment of all amount, then due. The provoicim of this para-
graph shall not reheye CONTRAS TOR ,f his obligation
under paragraph 6.29 to .arry on tt.a Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
ARTICI F 16—ARBITRATION
+h i A,1 Jaims. disputes and ricer matters in question
between r • NER and CONTRA r(,K arising out of, or re-
!-,-i ig to the C ontract Documents ur the breach thereof except
.or claims which have been waived by the making or accept-
ance, of final payment as provided by paragraph 14.16, shall
be decided ov arbitration in accordance -h the Construction
Indusrry Arbit• 3tion Rules of the American Artitration Asso-
,tion then obtaining sub)ect to the limitations of this Article
This agreement so to arbitrate and arty other agreement or
consent to at crate entered into in accordance herewith as
provided in this Arn,lc 16 will ,e fy enforceable
under the pre%adirie 'ntratit% ia'. t having tuns-
J.cho,
No demand for arbitration of !n: claim, dispute ,,or
writ r matter that is ree .ired to he referred to ENGINT-i R ini-
tialiv !or decision in accordance with paragraph 99 shall he
made until the artier of (a) the date on which ENGINEER
has rendered a decision or ib) the tenth day after the parties
tsr -iresented their evidence to ENGINEER if a written dect-
m not been rendered by ENGINEER before that date
cniand for ar�nration of a: -iaim..ftspute or other
n ,hall be made later than ,nirty days after the date on
Ni NFER has rendered a written decision in respect
it. ,it in accordance with paragraph 9.9: and the failure to
dernand arbitration wtihin ;,Aid thirty days' period shall result
in ENGINEER', decision be!ng final and binding upon
OWNER and CONTRACTOR. If ENGINEEk renders 3 de.
cisten after arbitration proceedings have been imt,ated, such
decision may be entered as evidence but shall not sup ersedc
the Arbitrdti in proceedin.u,. except where the decision is
acceptable to tyr navies concerned
t6 J. Nutr : demand for arbitration shall he tiled in
ritine with the otner party !u the Agreement and with th -
r
M
41
K
Americar, Arbitration Association. and a copy shall be sent to
ENGINEER for infor^tation. The demand for arbitration
shall be made within . thirty-dav period specified in para-
,graph 16.2 where applicable, ar-t all other cases within a
reasonable time after the claim, dispute or other matter .n
question has arisen, and in no event shall any such demand be
made after institution of legal rr equitable proceedings base t
on such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
16.4. No arbitration arising out of or relating to the Con-
tract Documents shall include by consolidat,on, joinder or it
any other manner any other person or entVry (including ENGI-
NEER, his aa,ntr employees or consult4nts) who is not a
party to this Agreement unless
16.4.) . the inclusion of such other person or entity is
necr..a,s rt complete relief is to be afforded among those
who are already parties to the arbtrratic, r,
16.4.2. sw', ather person or entity is substantially in-
volved in a question of law or fact which is common to
those who are already parties to the arbitration and which
will arise in such proceedings, and
Irf.4.3. the written consent of the other pei�on or
err.ity sough; to be included and of OWNER and CON-
TRACTOR has been obtained for such inclusion, which
consent shall make specific reference to this paragraph;
but no such consent shall c^nstitute consent to arbitration
of any dispute not specifically described in such consent or
to arbitration with any party not specifically identified in
such consent.
16.5 'he :.yard rendered by the arbitrators will be final,
judgmer nay be entered upon .t in at,- oast having )uris-
dicnon :h, •af, and will no: be sutiect t(, .1ification or ap-
peal except to the extent permitted b. Sections 10 and I I Ott
the Federal Arbitration Act (9 U.S.L g§10. 11).
ARTICLE I' —MISCELLANEOUS
Gt ving Notice:
17.1. Whr--ver anv rrovision of the Contract Documents
requires the ong of written notice it shall be deemed to hase
been validly given if delivered to person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or it delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Compurarton of Time:
17.:. When any period of time is referred to to the Con-
tract Documents by days, it shall be computed to exclude the
first and include the last day of such period. If the last day of
any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to h s person or property because of any error,
omission or act of the other party or of any of the other par-
, employees or agents or others for whose acts the other
party is legally liable, claim shall be made in writing to the
other party within a reasonable time of the first observance of
quch in)ury or damage.
1'.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto, and, in particular but without
limitation, the warranties, guarantees and obligations im-
posed upon CONTRACTOR by paragraphs 6.30. 13.1, 13.1 1,
13 14. 14.3 and 15.2 and all of ;he rights and remedies avail-
Ir o OWNER and ENGINEER thereunder, shall be in ad-
ition io. and shall not be construed in any way as a .%tni•on
of, any rights and remedies available to an%, or at. ,f them
which are otherwise imposed or availabl w or contract,
by special warranty or guarantee or by c.. avisions of the
Contract Documents, and the pro%tsiori. his paragraph
shall be as effect., r -is epeated specifically in the Contract
Documents in c n with each .articular duty. obliga-
tion. , ight and to apply. All representa-
tions, warrant, r"kr oe to the Contract Docu-
ments shall sttrv„.• fi,..: ptyt- raj termination or comple-
tion of this .agreement.
Section 0090 SUPPLc INTIAL GEINERAL CONDITIONS Page 1 of 2
This section of the Specifications modifies or ad:'.s to certain
Articles of the Standard General Conditions of the Construction
Conte&: - t .
AATICL;. DEFI.1�IiICNS.
E',lGL%IZZ
Wherever the term engineer is lased or appears in this Ar le or
any other specification or Contract Document, it shall
Gordon R. Coffin Co., Inc . , 3025 :Watertown Road, Long Lei': Minn.
OWNER
"Owner" as used in the Contract Document shall mean _
ARTICLE 2. PREM t4LVARY MATTERS.
Add to Article 2.3. Commencement of Contract Time; "otice to Proceed.
The Notice to Proceed may be given orally or in writing.
AdTICLE 5 - BCNDS AND rJ.5UHA14CE.
Add to Article 5.3. Contractor's Liability Insurance.
5.3.7- Unless otherwise specified in the Contract Documents, the
minimum limits for liability insurance shall to as follows or as
required by law, whichever is xreaters
.1 Workmen's Compensation As required by law
.2 Employee's Liability
.3 Bodily Injury - for
each of Public Liability
and automobile
.0 Property Zamage -
Public Liability
.5 Property ",amaze -
Automobile
.b i sonal Injury
.7 Contractual Liability
;100 , 000
3250,000 each person
$50 0,000 each occurrence
3100,000 each occurrence
$200,000 aggregate
1100,000 eacr currence
1250,000 each pers.:n
3500,C00 each occ:: ice
Sane limits as .3 and .�
move
1
.3 Umbrella excess Liabili tv: If such co licy is usea to
supplement the underly:nz limits, it shall -e wri'ten
fo: not less `,an 31,000,000 and both the un:erl-tna
o1 ' an '.^e • -ella :ol.c • steal: zrovi'e f :)r
w ;{-r overs ze .
to
Page 2 of 2
Ad:'_ the following to Article 5 as subparagraphs 5.3.8 and 5.3.9
5.3.9. ^he Contractor is solel✓ responsible to purchase ?nd pro-
vide adequate and additional insurance fir wore under the Contract,
subject to the specified minimum requirements. the insurance shall
be written on a Combination Comprehensive 11,bility Form with Board
Form Property Camaee coverage.
5.3.9. The Contractor's Contractual liability insurance shall cover
the Contractor's obligations unler Paragraphs 6.30 - 6.32. In-
surance for said agreement shall, as a minimum, prs7ile limits as
specified for any claim arising out of the hold harmless agreement
and said limits shall not be reduced as the result of any claim
made under Public Liability Insurance.
AaTICU 6. caTaACTCY5 c SPUSIBILI: Z .
Add the following to paragraph 6.4:
The General Contractor shall make all neces2ary arrangements for
the securing of teoporary permits for the installation of electric
light, power, an& water during the term of construction under :7e
Contract.
ISection 0101 Special Ccnditions ?age 1 o: l
1. This project includes the installation of ruiverts and street construction.
2. The Contractor shall immediatel;: repair or replace at his own expense an;;
defective workmanship or 7aterial of which he is notified during the
construction period, c- within one year after the date of final acce�tar.re
of the work.
1 3. City streets used for access to the construction site shall be kept Free
of dirt and other debris resulting from said construction. ddeq,;ate dust
control shall also be maintained.
4. One staking for utilities and streets shall be provided for t::-:e Ccntractor.
Any re -staking shall be paid for by the Ccntractor.
5. Ccmoacticn and Material teses shall be pair for b • the Cwner. '-;o,,ever, if
any tests should fail to meet specifications, the Contractor will be
required to reimburse the Owner for costs of all subsequent re -testing
necessary to insure compliance with the specifications.
I 6. The Contractor shall furnish, erect and maintain signs and barricades as
provided in MHD 171C "Barricades and Signs" under the aeneral Conditions
to protect the public. The City Engineer shall be notified 24 hours prior
to the proposed partial blockage or closure of any street or public right-
of-way. No street or public right-of-way shall be closed wit' -out t'ie
proper approval of t:=e City Engineer.
7. Payment will be trade upon completion 3rd final acceptance of the lob.
d letter of credit for 150% of the bid price will to posted wit;. t e
City and released at the time -If final acceptance.
4j
r
Section 0258 EXCAVATION AND GRADING
1. Any tcosoil withi:•_ the cut and fie areas shall be scraped off _rw stcck-
piled and will be considered eorr,cn excavation alcns with ot•-er excavation
r required. This will be spread over the dit&.es and boulevards as des!-6—nated
by the Engineer. No additional payment will be made for the snreadirg of
r+ this topsoil.
2. Two low areas exist where the water table is near t-e surface and about
two feet of organic soils exist. These soils should be excavated to
suitable material and will be considered muck excavation. Dewatering will
be required prior to the placing of the roadway embarkzent in these areas
with no extra compensation given. These organic soils will be deposited
as she - on the plans. All excavation and placement shall be done in
,w accordance with the plans or under the direction of the Engineer, and
according to MiD Specification 2105. Tie roadway embankmert s^ail be com-
pacted by the "Specified Density t•:ethod" outlined in Parao raph =1 of I-IM
Section 2105 to IOC% of Maximum Densit.y. Some grading will also be
required to shape up the driveway to the existing house.
No
3. Clearing and grubbing will consist of taking out the stumps of t''drier
A trees which will alread;, be cut down and the clearing cf all bru •.d
r smaller trees under 4 inches in diameter. The brush and stumps i.,_ be
burned and buried on site. An alternate bid is incluAed shod the owner
not cut down any of the trees larger than 4 Lnches in diameter. ?aymert
would be per tree cut down and pushed to to side o. the road and c_uld
rr not include any stump reroval whip!: would be bit: under the original bid
item.
• 4. The culverts will be placed as shown cn t:-e plans according tc V.HD
Specification 2503. Corrugated metal pipe shall be in accordance with
MTD Specification 11226 and be Tyne 1 a::c of 15 gs--ge material.
v
5. A 4-inch course of Class 2 cr-shed puarr, rock base (r�iD Specification. ?138;
shall be laid on the cor-macted roadway acccrd'_ni tc KHD Specification 2211.
Compaction will be by the specif iec der.sit-r ^se+hC4 with the full th ic'mess
of each layer cer..oacted to not less titan i':C:t of ^Bx mu.:r dersit; . ?synent
will be i y tie tcn based or. 135 lbs. per `.'pet of compacted base.
MINUTES JF THL: PLANNING COi iIIISSION MEETING OF PLAY 4, 1981
IDThe Planning Commission met on the above date. The ATTENDANCE
following members were present: Chairman Hammerel, 7:30 P!-4
Jabbour, McDonald, Goetten, and Adams arrived at 7:40.
Mabusth represented the City staff.
Richard Raiche was present. Mabusth noted the certi- RICHARD RAICHE
ficate of mailing and the affidavit of publication. 2901 Watertown Rd
No one was present in the audience for the applica- Subdivision
tion. #603
7:30-7:35 PM
Jabbour was concerned with the septic system and the
high water. Raiche noted that he would remove the
gravel road prior to final subdivision approval and
new road constructed along west edge of the property.
Goetten motioned to approve the application subject
to the following conditions:
1) Private drivewav to serve all three lots, no direct
access for Lot 1 to Watertown Rd.
2) Rer,loval of existing road down renter. of r}ropert%•.
Developer's acreement will be required if improve-
ments not completed prior to fine 'at approval.
3) City to acquire road and utilitie asentent over
driveway o.utlot.
4, All disturbed area to be seeded with.n 10 days of
grading completion.
5) Payment of park dedication tee in amount o: $600.00
$200.00 for each lot.
McDonald moved to second. 'Dote: Ayes (4), :lays (0).
Mr. and Mrs. Strong were present. Mabusth noted the
certificate of mailing and the affidavit of publica-
tion. No one :.:as present in the audience to address
this application.
Jabbour questioned the maximum width of the proposed
driveway and hoped that a minimum of 14 ft. trom the
lot line could be maintained because of the proximity
of wet lands. In reality, the road ,_,2rves two lots
to the rear of the property and therefore could main-
tain the standards of a private driveway. This road
would never be used as a proposed through road. He
would recommend limiting the width of the r-,,d out
lot to 30 ft. with the normal cul de sac of 100 ft.
/RUXTO!; R . STRONG
420 So. Brown Rd.
Subdivision
# 6 0 9
7:45-7:50 PM
McDonald asked Stronq to describe what was taking
• place the day the site inspector made a site inspec-
tion. Strong stated that this was an attempt to
clear the drainfield lines, rout that he would check with
the site inspector on questions he had concerning the
existing septic system.
MMINUTES OF THE PLANNING COMMISSION MEETING OF MAY 4, 1901 Page 2
Adams moved to approve the 3 lot plat of Ruxton R. Strong
approving a setback variance to the wet lands of 26 ft.
for the proposed road outlot based on the hardship of the
location of the wetlands blocking access to rear of the
property and subject to the following conditions:
1) Road out lot B to be no more than 30 ft. width and
to have a finished road service not to exceed a 14 ft.
width located along at the most southern location.
2) Driveway to be constructed to privat% driveway standards.
3) Out lot A to be determined a non -buildable lot
and to be owned by lot 2.
4) Dedication of 33 ft. for Brown Road or County Rd. 146.
5) Flowage and conservation easement of. the 1.3 acres
over wetlands.
6) All a2cess to these lots via plat road.
7) Payment of the Park Dedication Fee of S400.00;
$200.00 for each lot.
8) Adequate protection of wet lands provided during con-
struction of road.
• 9) Septic Inspector to approve existing septic before
final plat approval.
Jabbour moved to second. vote: Ayes (5), 'Jays (0).
Mr. Bredeson was present. Planning Commission ad- POBERT G. BREDESON
vised Mr. Bredeson that the plans for the house 1410 Rest Point Rd,
were too ambitious for this size lot. They noted variance
this at their first meeting. They cautioned the 4607
applicant as to limiting the hardcover.
Bredeson asked for clarification and to jive specific
direction as to allowed aa:otind of hardcover for his
proposal.
Jabbour recommended t fo ..-inq standards:
1) [louse to be located 25 ft. from cul de sac,
10 ft. from north property line, and to be
limited to a maximum of 2800 sq. ft hardcover.
llammerel :roved to table the application pendinc+
receipt of a revised plan from the applicant.
Jabbour moved to second. Vote: Ayes (5), N,:ys (0).
to
47 , 1 4;! l
RLI<;ULAR MEETING Or THE: ORONO COUNCIL, MAY
Jeanne Mabusth i eviewed i.uxton R. Strc:ig /RC,XTU`y R. : TRUyG
preliminary subdivision for 420 Brown Rd. 420 BROV44 ROAD SOUTH
South. PRELIMINARY SUB-
DIVISION
Hurr moved, Hannah seconded to approve the
Ruxton R. Strono preliminary subdivision
at 420 Brown Rand South with the understanding
the), were grantin:7 the variance to lot #1 to uur
2 acre contiguous staidard based on the hardships
of the location of the wetland and the road out lot .
Hannah moved, Hurr seconded to insert in the :: XIIARD Wt ICHL
Richard Raiche A---1 ication the same ruling of
the road maintenan7e and utilities aareemenL.
Motion, Ayres (3) `days (0 )
Mr. Davis was not present but he h,a called _.ACK DAMS
and asked that his ipplicati led at 1345 VINE PACE
such a time that he lie VARIANCE 1610
Hurr movd, Hann.ih seconded to Lab_c.
Jack Davis's variance until such time
he c"uid 'te availabl,. Motion, Ayes (3) Nays (0)
This acplicant asked that his item be tablr-MARINA
NORTH STAR ARINA
as he is ill and not ible to attend. 1981 MARINA LICENSE
Hannah moved, Hurr seconded to table `forth
Star Marina 1981 License. Motion, Aves(3) ;days ( )
No oz- w-is presort -from Gayles Marina. r7AYLEa MAR:NA
1981 MARIWJ LICENSE
Dis-.scion was that staff has visited
Gayles Marina just to see what he was
doin^, exactly. believe the `.once
is on County right -a -way. Thf: Henneain
county office was r•."7rest:.nte:d and we
don't have any i-iva what they are doin,l
so at th<-, meetii, : .l.^, wi l i have with
Mr. %Iiitt:q will `i .. out just what *_he:
are Manning.
Hurr moved, Hannah sc-condr-d to tabl•., this-
item until such tim,_ stuff meets with Mr.
Whittig. Motion, Ayes (3) Na;'s (0)
Mrs. Rivers was present for windward Marine WINDWARD yIARI.+E
this was just an information item, she knew
not'.inq about updates of Torrens.
Butler wanted it noted in the record that
any action that has been asked has been
reponded to forthwith and with great
speed. There is no problem with the City
or the Marina regardinq the license it Ls
just a matter rat I(.(i it tot yens action.
SAMUEL H. MASLON
-MAN EDELMAN
MARVIH MORMAN
IRV'NG M. BRAND
STEPHEN M. SWARTZ
CHARLES OUAINIANCE. JR
NEIL I. SELL
MICHAEL ♦. SWIMNDff
DAMES I . fETTEMLT
MOMENT A. ENGELIIE
MONALD G. VANTINE
M ICHAEL D� GOLDNER
MARTIN O. WEINSTEIN
WILLIAM 2. PENTE-OVITCH
MICNAMO D. HOLPER
JOSE•H ALEIIANDER
MICHAEL L. SNOW
M.RMAMA M.HAUSER
82-1150
LAW Of/ICES
MASLON EDELMAN BORMAN 6 BRA
4
I600 MIDWEST PL.Z.
MINNEAPOLIS. MINNESOTA 55402
Mr. Bruce Malkerson
Orono City Attorney
4344 IDS Center
Minneapolis, MN 55402
Dear Mr. Malkerson:
TELEPHONE IMIZI 139 MOIS
March 3, 1983
'7 �' ��i ►pis:✓
an`^I
OAR♦ J�AUO[N
T H O M A S H. M O. M A N
RE6ECCA PALMER
M A M S S A U M A N N
DAVID I. HEMR
ROMERT 0. DANIELSEN
MAMY P. fO.RDE
A N N E MORROW
LAWR[NCE M. SHAPIRO
RICHARD L ■PEITMAN
H UW.MD M. TAMSOW
WILLIAM M. MOWER
SIONET J ..PL.N
ISOM IMMl
ROGER [. JOSEPH
IMIT-MMM
Re: Subdivision of the North
Half of the North Half of
the Northwest Quarter of the
Southeast Quarter, Section 3,
Township 117, Range 23
Our thanks to you and Jean Maybusth for diG-ussing t'-iis ma,.ter with
Tom Borman and me on March 2nd. At that time, we discussed b, con-
ference call the proposed plan for the subdivision of the aboNc de-
scribed property. You asked that we confirm our conversation by
lrtter to you.
As you know, Ruxton Strong prepared some subdivision documentation
to submit to the City Council over a year ago, NL that time, Mr.
Strong was unable to obtain a bond and, t}T-refore, did not receive
final approval for the subdivision. Mr. Strong died March 27, 1982,
and title then passed to his wife, Patricia C. Strong.
Since `3r. Strong s death, Patricia Strong has attempted to sell the
property. As we discussed, there are s—reral judgment ".Lrs against
this property. (Please see attached tit'le opinion.) In order to
extinguish those lions and render the title marketable, Mrs. Strong
must preserve her homestead exemption. She will he unable to do so
if the property is platted pursuant to the City subdivision process.
Bruce Malkerson March 3,-983
For that -eason, we have designed the following plan with your approval
and with the approval of the purchasers, Larry D. and Alvina R. Bader.
Mrs. Strong will close with Baders and convey fee title to the prop-
erty, transferring unplatted land, on March 4, 1983. We will file
the warranty deed immediately after closing. We wi"� then commence
an action to quiet title and extinguish the judgment liens based upon
Mrs. Strong's homestead exemption. We anticipate the acti_an will go
by default since the issue of the homestead exemption has already been
raised in prior bankruptcy and probate proceedings without objection.
The Baders will submit the following documents to the City Council so
that this matter can be considered at the -tanning Co.7uiAssion's Mar.:h
21st meeting:
1. Declaration of private Road Easement and Declaration of
Covenants for Maintenance of Same;
2. RoaL] and Utilities Easement;
3. Quit Claim Flowage and Conservation Easement and Waiver
of Damages;
4. Mylars.
You M �-.ed that the City would allow the Bac. rs to submit the above
doc4 ents and make the appropriate appearances at the Planning
Commission and City Council for final approval of the subdivision. We
very much appreciate your cooperation and that of Ms. Maybusth in
facilitating this process so that the matter can be resolved on a
timely basis. Douglas Klint, attorney for the Baders, and the Baders,
have concurred in this plan and also extend their thanks to you, Ms.
M.,-busth and the City of Orono. If you have any questions, please
do not hesitate to call.
AM/cs
Enclosures
cc: Jean Maybusth
Patricia C. Strong
Sincerely,
Anne Morrow
-2-
It
n V099;
• OF SI'. 1.01 IS PARK • 535311A1%Al'% MA1). %11*%%1- %V01 S. %II'%\[SO1 % 5V16 • PI111\F. 544.3544
March 4, 1983
City Orono
P.O. c 66
Crystal Bay, Minnesota SS323
Re: Letter of Credit No. 1125
Gentlemen:
We - �.:reby issue our Letter of Credit No. 1125 in your favor for the
aca I. .)f John Massopl.st and Edward W. Lreh n III , in regard to stronghold
suL . —ion 420 Brown Road South, Orono, Minnesota in the amount of $33,000.0%1.
The pu. !:s Lette. of Credit is to guarantee constrL )n of the road
to yua1: _;c City of Orono standards. Any drafts presented for pa- nt
under tni., ...ttr of Credit must be postmarked no later than Septembcr �983,
which is the expiration of this Letter of Credit.
Very truly yours,
PARK NATIONAL BANK
Cynthia . )ar ing T-- -
Vice President
CRD:nc
00 000 Al .o
7
• III • I • ills)
•
M SI I M Ill ll%Rl% • 51" %% \1 / \ I % M Ali \II1%NI \fill 11, \II\\I �,()l 1 �Vle • I'IIo'.I `JJ-1VJ
etarch 4, 1983
City of Orono
P.O. Box 66
Crystal Bay, Minjivsota SS323
1t ,- Iter of Credit No. 1125
Gentlemen:
We do hereby- issue c-r Letter of Credit No. 1125 in your favor for the
account of John Massopust and Edward W. Brehm Ill, in regard to stronghold
subdivision 420 Brown Road South, Orono, Minnesota in he amount of $33,000.00.
The purpose of this Letter of Credit is to guarantee construction of the road
to qualify to the City of Orono standards. Any drafts presented for payment
under this Letter of Credit must be r.�stmarked no later than September 4, 1983,
1••hich is the expiration of this Ix:tter of Credit.
Very truly yours,
PARK NATIONAL BANK
1
t is R. 11karling
Vice President
CRD-nc
#7o5
,lift
a"'..mown" I0�I
QUIT `'LAIM
FLOWAGE AND CONSF.RVATIOt; EASEMENT
AND WAIVER OF DAMhGES
THIS INDENTURE, made
March 8 lg 83
and entered into this 4th
by and between
day of
_Larry D . a rid_.ALvcina R _ 3er'-AP.ltxl a --
their heirs, assigns, successors (hereinafter collectively referred to as
the Grantor (s)) and the City of Orono, its successors nd assirtns, a
munici)al corporation under the laws of the State of Minnesota (hereina.'.ter
referred to as the Grantee).
WITNESSETH, Grantor (s), fir and in consideration of the sum of
one Dollar ($1.00) and other valuable consideration, hereby quit claim
to Grantee the right to restrict and Grantor(s) agree to limit and
preclude the use, improvement and development, under the conditions and
covenants herein contained, the following described Land in the County
of Hennepin and State of Minnesota:
The drainage ea :einents as shown on the plat of 'Stronghold" on file with the
Hennspin County Recorder's Office.
as follows:
1. Grantor(s) hereby covenant and agree (s):
A. No structure shall be constructed, erected, or placed upon,
above, or beneath the Land including without limitLtion, fences,
fireplaces, steps, hardcover or roads o` any nature whatsoever,
or any other structure or improvement iiconsistent with the,
natural state of the Land.
B. No trees, shrubs or other vegetation si.'.1 be destroyed,
cut or removed from the Land, except as autnorized by written
consent of Grantee.
C. No earth, loam, peat, gravel, soil or any other natural
material or substance shall be moved or removed from the Land
and there shall be no dredging or excavation of any nature
whatsoever or any change of the topography of the Land without
written consent of Grantee.
D. No soil, sand, gravel or other substance or material as
landfill shall be placed, dumped or stored upon the Land and
no waste, trash or garbage shall be placed, dumped or stored
upon the Land.
IN WITNESS WHEREOF, said Grantor(s) have set__
hand(s) on the day and year first above written.
BEVEHLY J 4'vIES<:
NOTARY PUBLIC MINNESOTA
HENNEPIN COUNTY
My Commj"iw+ EaPVM Fou 21, 120
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
On this, day of �i /iiirG-� 19ej�? , before me
personally appeared '1,4'ele�4�f�
����—, ii�b��►rtArrl4/,s . to me known to be the person (s) described
in and who signed the foregoing instrument, and acknowledged that they
executed same as their free act and deed.
Ztary- Publib
STATE DEED TAX DUE HEREON: Exempt
This Instrument was Drafted by: POPHAM, HAIK, SCHNOBRICH, KAUFMAN III DOTY
4344 IDZ Center
Minneapoli" Minnesota 55402
(612) 335-9331
ROAD AND UTILITIES EASEMENT
THIS INDENTURE, made this _ 4ttl day of j,.. 19 33 ,+
by and between Larry D. ai16 Alvina_R. Bader /t%�,�,e,,(,(�ACE
hereinafter referred to as "Grantcr(s)", and the City of Orono, a
municipal corporation, under the laws of the State of Minnesota,
hereinafter referred to as "Grantee".
WITNESSETH, that Grantor (s), in consideration of the sum cif
One Dollar ($1.00) and for other good and valuable consideration give;
�)y Grantee, the receipt of which is acknowledged by Grantor(s), do(es)
hereby grant, bargain, sell and convey to Grantee, its successors
assigns, an easement for public ingress, egress, access, road an-i
utilities purposes and uses, on, across and under the land in the
County of Hennepin and State of Minnesota as follows:
Outlot "B" as shown on the plat of "Stronghold" on file with the
Hennepin County Recorde.-'i Office.
including, but not by way of limitation, a full and free right and
authority to enter upon said land to construct, install, maintain,
operate and repair a sanitary sewer intercepter, lift station, ma.i-.
or line, a water main or line, gravel or paved -oad and any and all
appur,:enances including drainage control struc'ures, incidental and
rela'_ed thereto, (such are hereafter collectively referred to as the
Improvement), and the Grantee shall have the right to make s-;ch
of said land as is reasonably necessary and advisable to the ccn,.tr
installation, maintenance, operation and repair of the Impr�)veme:-•
In addition to any other remedy the Grantee may have, tie
covenants and restrictions ccntained herein may be enforced by in -
;unction.
TO HAVE AND TO HOLD said easement unto said Grantee, its
successors and assigns, permanently.
The Grantor(s) herein certify that the lands herein descri}--('
are free and clear of all encumbrances except:
E. No use shall be made of the Land except uses, if any,
which will not change or alter the natural condition of the
Land, and no use which would tend to change the drainage, fl-)od
control, water conservation, erosion control, soil conservation,
fish and wildlife habitat characteristics shall be made of the
Land or the water situated thereon.
F. Grantee may enter upon the Land for the Purposes of
inspection and enforcement of the covenants contained herein
an-: to cause to be removed from the Land without any liabilit-,
any structures, uses, materials, substances, or unnatural
matter inconsistent with the covenants contained herein and
the natural state of the Land.
2. Grantor(s) hereby quit claim to Grantee, + perpetual flowage
easement and right and privilege to trespass with water over and upon
any or all of the Land.
3. Grantor(s) he.ein do hereby remiss, release, acquit and
forever discharge, forever, the Grantee and any and all of its officers
and employees of and from any and all claims, demands or causes of
action of any kind or nature whatsoever which may arise or accrue by
virtue of any flowage or trespass with water within terms of these
agreements.
In addition to any other remedy the Grantee may have, the
covenants and restrictions contained herein may be enforced by
injunction.
Grantor(s) Rio not intend that the public should ve a- inteie—L
in the above land by virtue of this indenture or otherwise, except as
hereinabove set forth.
All the provisions hereof shall run with the land and shall
extend to and bind the heirs, successors, representatives, grantees
or assigns of -the respective parties hereto.
�rBEVE~• RLY J. WIESE
�NOTARY PUBLIC IMINNESOTA
HENNEPIN COUNTY
�
A-PI
Co nnil"Mn Expires Feb 21 trw _;j L �. � , �
STATE OF MINNESOTA)
) ) J
COUNTY OF HENNEPIN)
On this �� day of 190Y , before me, a Notary Public
within and for said Count an Stce, personally appeared
mown to me to be the Everson %s) described
and who executed the foregoing instrument, and acknowledged that they
executed said instrument as their own free act and deed.
01
Notary Pd c
State Deed Tax Due tiereun: Exempt
This In•l r�w••nt .,•• Ir•t1wA prt
►O►11A/1, tiA I&. Sc W*' 40IC\. •AUFMAM 1
•111 1nt f.—.♦ w....•..n11•. Mtn -poet& Ism
ITY OF ORONO
Document Form
DECLARATION OF PRIVATE. ROAD EASEMENT •
AND
DECLAPA'rIo!; OF COVENA!JTS FOR MAINTENANCE OF SAME
wrivate Road Name)
Stronghold _
(Subdivision Name) ^^
KNOW ALL MEN BY THESE PRESwtiTS:
WHEREAS, Larry D. and Alvind R. Bader
(all fee owners)
(hereinafter "the subdivider") is (are) the fee owner(s) of that certain
parcel of real estate located in the City of Orono, County of Hennepin,
St to of Minnesota, legally described as follows:
(Subdivision Name)
Stronghold according to the plat of that name on file
and of record in the office of the County Recorder, in and for Hennepin
County; and
hlik-REAS, the Subdivider now &j- ;ices to create a non-exclusive
private road easoment for driveway, inyrc:ss and egress, drainage and
utility purposes over and across-. Outloc(s) B
Stronghold _ (h(-reinafter "the private road")
(Subdivision "me)
for the mutual benefit of Lots 1, 2 and 3
Stronghold ,
(Subdivision Name)
NOW, THEREFORE, in addition to any easements created ''0y any other
Declaration of Covenants, Conditions, Restrictions and E-isemcrnts, the
Subdivider does by this Dec:la-at ion for himself (themselves), his (their)
ht!irs, successors and a%si,;ns, h,-zeby treat-s a non-exclusive easeii'ent
for driveway, inqr•-ss and egte!.s, diainarje and utility purposes over
and across the private road as d..... rihod . for the nuttvtl benefit of
Lots N 1. 2 k 3 (hereinafter "benefited lots")
Stronghold but not for the benefit of any other lots in
(Subdivision Name)
Stronghold and
(Subdivision Name
WHEREAS, the subdivider is the sole owner of the p ivate road and
all the benefited lots except for the undersigned who are all the owners
of record of the following described lots in the City of Orono, County of
Hennepin:
NONE
NOW, THEREFORE, in consideration of the receipt if One Dollar
($1.00) and the granting of the above private road easement For the
benefited lots, the .tbove owners of each benefited lot, their heirs,
assigns and successors (hereir fter referred to as owners or owner)
hereby covenant and agree as fc4lows!
1. That the owners do hereby acknowledge the existence of said
private road easement and the existence of the private road, w;iicn is
not a publicly dedicated roadway, and that the City of Orono has no
ublig tion to maintain or service said private road, and that the City
of Orono does not intend to acquire or open said private road as a
public roadway.
2. That the owners will and do hereby assume and agree to pay
a proportionate share of the costs of maintaining, repairing and replacing,
if necessary, the private road over said easement described herein to at
least a standard of quality equal to the private road as it was approved
by the City of Orono as part of the subdivision of the adjoining land,
and as may be required from time to time by the ordinances of the City
of Orono in regar:l to private roads.
each owner's share of such costs shall be due and payable on the
date such ct--ts for construction, maintenance or repair are due and payable
to the per• - entity rendering an account therefore. Each owner's
share of st. _osts shall bear interest at the highest rate permitted
by law from such due date to the date of payment. Any owner may bring
1ction, can behalf of the non-defaultinq (rimers, to collect a defaulting
Owner's share of such costs which are not paid when due, and shall be
entitled to recover such reasonable-'torney's feet: as the court may
allow, to(jether wish all nec•ossary costs and disbursements incurred in
connection therewith
2 of 4
The costs incurred for maintenance, repair or alteration of
the private road shall be approved in writing by the Owners of all
of the lots prior to the expense being incurred.
No Owner may exempt himself from the liability for assessments
by waiver of the use or enjoyment of any of the private road or by the
abandonment of his Lot.
In the event that the Owners of. each Lot described herein fail
to maintain, repair or replace the private road as provided for hereir.
it is agreed by all parties that the City of Orono may undertake to
maintain, repair and replace the private road as provided for herein,
and that such actions by the City of Orono will not result in the
private road's becoming a public roadway, and that each of the Owners
will pay to the City of Orono the proportionate cost incurred by the
Citv of Orono within thirty (30) days of the receipt of such charges,
or else such charge shall become a lien upon each Lot at the proportion
as provided for herein.
3. The costs to be shared are the total costs of maintenance,
repair or replacement or any alterations in the road, ditches or
slopes, including without limitation, the cost of cleaning, snow
removal, surfacing or resurfacing; and each Owner shall become liable
for said proportionate share from and after the date of ti►is Agreement.
The proportionate shares shall be determined as follows: Lot #1 shall
pay one-t1iird (1/3) of such costs, exclusive of snow plowing or removal,
actually inotrrred for and on the first 60 feet of the private road Ea!;t.
of Brown Road (County Road 146). All other costs, including snow plowinfj
or removal, shall be paid equally by Lots 42 and #3.
4. Each of the Owners of a Lot described herein hereby covenant"
with each of the Owners of all of the other ',ots described herein, and
each Owner of a lot described herein, by acceptance of a deed therefor,,
whether or not it shall be so expressed in such conveyance, shall be
and hereby is deemed to covenant with the then Owners of all of the other
Lots described herein, that he/she/they shall pay promptly when due
his/her/their proportionate share of the costs described in th, preceding
paragraph. The costs described in the preceding paragraph shall be a
personal obligation of the person or persons who are the owner(s) of such
Lot at the time when such costs were incurred, and said obligation shall
not pass to his/her/their successors in title unless expressly assumed
by them.
S. The private road shall be used strictly in accordance with
the easements granted therefore. Except as herein provided, no Owner
Lhall obstruct or interfere whatever with the rights and privileges of
other Owners in the private road and nothing shall be planted, altered,
constructed upon or removed by an owner- from the private road. If an
owner shall violate this section, the emaining Owners shall have the
right to restore the private road to its prior condition and assess the
cost of such restoration against the Owner who violates this sect.Loil
and such assessment shall become due and payable upon the demai,d of any
of said remaining owners. All of the remaining Owners, or any of them,
shall have the right and power to collect the cost of such restorations
in a legal proceeding for that purpose. If an Owner interferes with
the rights and privileges of another Owner in the use of the private road,
3 of 4
except as herein provided, the remaining Owners, or any of them, may
commence an action to enjoin such inter.feren^e and the prevailing Party
shall be entitled to recover such re-:sonable attorney's fees as the
court may allow, together with all necessary costs and disbursements
incurred in connection therewith.
Na Owner shall obstruct or interfere with t'.e passage of any
school bus or emergency vehicle over or across said private road.
Any Owner may delegate his right of enjoyment to the private
road to his tenants who reside on a Lot, to the members of his family
and his guests and to his invitees.
6. Thij covenant shall run with the land and shall be binding
on and inure to the benefit of the parties hereto, their heirs,
representatives, successors and assigns.
7. There may be no amendment to or release of the terms of
this easement and declaration without the prior written consent of
the City Council or t)- City of Orono, which will not be unreasonably
withheld or delayed.
IN WITNESS W11ERF.OF, the parties have hereto executed this
easement and covenant the day and year first above written
�• BEVERLY J WIESE
NOTARY, PUBLIC MINNESOTA
�IdR7 HENNEPIN COUNTY
Ah C«eswlon �M F*0 21. IM
I P I
El
STATE OF MINNESOTA
ss.
COUNTY OF 11ENNEPIN
On this �K�day of r 19", before me, a Notary
Public within and for said oun e:-sona
Y• P Y appeared L � ALP
�L ✓��/�%� : �f���-_ %� ,� .C�r� !t/�_ , to me known o be the
person(s) described in ancr who executed the foregoing Declaration of
Private Road Easement and Declaration of Covenants for Maintenance of
Same, and who acknowledged that they exe.- ted the same as his/their own
free act and deed. J n
Notary P
CONSENT
hereby
foregoing Declaration of Private Road
and ayre#! thit should it foreclose its
a doed in lieu of for -closure, it will
declaration.
consents to the filing of the
Easement and Maintenance of th-• Same,
mortgage on the property, or take
take title subject to said
4 of 4
,, "
Klint, Adams and Hill, Lt
ATTORNEYS AT LAW
TELEPNryNf. 1612i 4 13 t 943 \�
TWX 910 576 3438
2060 SHORELINE DRIVE
P O BOX 554
WAYZATA MINNFSOTA 59391
DOUGLAS F KLINT
BRADLEY A ADAMS
PETFR G HILL
March 25, 1993
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
Re Premises: The :North Half of the North Half of the Northwest
Ouarter of the ,outheast Quarter, Section 3,
Township 117, Range 23.
14 SIMPSON STREET
LAGOS NIGERIA
TLX 26045
OF COUNSEL
C S I IWUJI ESO
I have examined thu title to the above described premises as of February 9,
1981. at 7:00 a.m.. based upon the Abstract of Title and the records referred
to therein; together with documents that have been execlited and recorded sub-
sequent to that date. From such examination I conclude that said premises
were owned as of that date in fee simple by LARRY D. BADER and ,11.VINA R. BADER.
Such ownership is subject to the fallowing:
1. Rights, if any, of the parties in jwssession other than said
owners.
2. Mechanic's lien rights, if anv. for recent. Improvements upon
said premises er property connected therewith.
3. Special assessments, if anv. which m:av he levied upon +raid prLmises.
A. Public zLlninf; or buiidInK ordinama-, and regijlatI.ons.
S. Facts which would be showu l,�• .a slarvvY of said premises.
6. Taxc-s for 1983 amount to S i.403.82, all of which are not paid.
(Base tax amount 0,3.401.82) (Property' i.[). No. 03-117-21-42-0001)
i. Mortgage Document No. 4061464, dated .I.anuary 3. 1474, i i led January
4, 1974, from Buxton R. Strong :and Patricia (. Strong. husband and wife. to Lucian
S. Strong and Buxton R. Strong. .Ind Nttrthwaatetu National Bank of Minneapolis.
Klint, Adams and Hill, Ltd.
ATTORNEYS AT LAW
TELEPHONE 1612) 473-1943
TWX 91U.576 3438
2060 SHORELINE DR'VE
P O BOX 554
WAYZATA MINNESOTA 5631.41
DOUGLAS E KLINT
BRADLEY A ADAMS
PETER G Hit L
City of Orono
March 25, 1983
Page 2
14 SIMPSON STREET
LAGOS NIGERIA
TL.X 26845
OF COUNSEL
C S I IWUJI ESO
all as trustees of the trust under Article Fourteen Paragraph C of the Last
Will and Testament of .Jessie W. Sweat. to secure $17.275.23 (#75 of abstract).
This mortgage is in foreclosure. See Power of ATtornev Document No. 4061464
(#101 of abstract). Publication has started. The sale date is 'larch 23, 1983.
8. Existing roads. Maps at the. Courthouse show County Road No. 146
over the Wcat 33 feet.
9. Clearance or release is required of the judgments shown on attached
Exhibit "A" attached hereto. See search certificates dated Tanuary 7. 1974.
September 3. 1.980 and June 9, 1982. The judgment by Anesthesia Associates P.A.
it the amount of $220.51 has been satisfied.
10. This examiner has personal knowledge that a Quit Claim Deed was
executed by Larry D. Bader and Alvina R. Bader to Patricia C. Ntrong. which
Quit Claim Deed is being held in escrow together with a Terminatton Agreement
dated March 4. 1983 between the same' parties.
Sincerely.
DOUGLAS F. KLINT
DEK:vI
%ow v
ltr`T &' 1-1.a"'A(-- A -,
EXHIBIT "A"
Anesthesia Associates, P.A.
vs
Ruxton R. Strong and Patricia Strong
)� 420 Brown Road
Wayzata, MN
James C. Bredumus and
Nand• Bredemus
vs
Ruxton R. Stron• and Patricia Strong
420 Broi,r . .
Wa)•zata, 11
Elmer Fox & Company
vs
Aquazyme Industries,
a corporation etal,
Ruxton R. Strong etal
420 Brown Rd
hayzata, MN
Judgrent $220.S1
Dated January 8, 19 4
Docketed January 18 1974
Case No. 701119
Barnett, Ratelle, e al, Attys.
Municipal Court Tra script
Judgment $1,620.44
Dated April 17, 197
Docketed April 23, 974
Case No. 703276
AIastor S t•tattson, ,L d. , Atty.
M unicioal Court Tra script
Judgment $4,520.62
Dated May 16, 1975
Inc. Docketed May 23, 19 5
Case No. 71450n
Je-ry Rosenzweig, A t)•.
Municipal Court Tra script
State of Minnesota
vs
Formaster, Incorporated etal
Ruxton Strong
420 Brown Road
Wayzata, MN
State of Minnesota
vs
Formaster, Inc. etal
Ruxton Strong
420 Brown Road
Wayzata, MN
State of Minnesota
vs
Patricia X. Strong and Ruxton
420 Brown Rd. S. St-rong
hayzata, MN
Judgment $1,778.46
Dated April 19, 1977
Docketed April 19, 1977
Case No. 734901
Warren Spannaus, Atty.
Judgment $1,679.96
Dated Apri. 19, 1977
Doc' , • -' r i l 19, 1977
Cass ,vo. / 34902
Warren Spannaus, Atty.
Judgment $4,876.0
Dated Dec. 10, 19 9
R. Docketed Dec. 10,Itty.
1979
Case No. 762102
Warren Spannaus,
City of Orono
Document Form
November, 1979
CITY Oi: OhONO
HENNEPIN COUNTY, MINNESOTA
DFVELOPER'S AGREEMENT FOR
(Name of Development)
ZIMN B MISA2,0057 g,-,04 , M
(Name of Devclope
TitIS AGREEMENT, Made and entered into this day of
lti , liff, by and between the City of Orono,
a municipal corporation organized under the laws of the State of
Minnesota (hereinafter called "City"), and its heirs, successors
and assigns, (herei:after called "Developer").
W I T N E S S E T H:
WHEREAS, the Developer has made appl icat io•i to the City
Council for approval of -fhL v,r •*Ae /j.,,�{ /iq/-00 0-10
-fly #9 No c wcs 7 SVAAre dQ 0%r 'AC S0VVht4sT &Uete7e or seerivw 3
• N,,vsti .� i/ 7� 2 3 llP.e,wY�p, %/ Ao Il1 i ,✓tirs.�/.4
� art►'•va��►c �e�'e reed �fc Q s �e �i� off' .f�eon�•�e+lQ/.
AND, WHEREAS, the City Counc P has granted approval for
such development on the condition that the Developer enter into this
agreement to provide for the installation of improvements hereinafter
described on the terms and conditions hereinafter set forth.
initials of Developer
Initials of City Clerk 5W
Paqr 1 of 8
NOW, THEREFORE, in coyi-ideration of the premiseF Ind of
the mutual promises and conditions hereinafter contained, is
hereby agreed as follows:
1. Property Description:
NdW fW Aa/-40 of M Q /jai AWL0fi dPc wRN1C dn< SAL°
So UVAe&$7 P V•tyeTGt. See77�9r/ Y Tou tJ5*1? 117,
Awl e. ?,3, Meov ve?,' kj e►orrvVt-/ , w,,: Vest
2. Improvements: In accordance with the policies and
ordinances of the City, the following described public or private
improvements (hereinafter collectively called the "Improvements")
shall be constructed and installed on the terms and conditions
hereinafter contained:
Jtre-f f ,�rPnnve�n�r✓�s P� spec, �c,�i�,��
d�e�/ �p�••-t `ter- ,g, , ,��� b y
3. Construction Flans: The following described detailed
plans and specifications for the complete installation of the
Improvements shall be submitted by the developer for the approval of
the City prior to the start of construction. The Plans and specification
shall conform to all current City standards for all applicable work.
SFr 114AXI .q,✓a! SPe,4, �: �-*n f vS der
Seorr w, btu /`�� /9>3 � �✓' y /�i�� S. ��erv�
Initials of Developer 4Ar'-1-
Initials of City Clerk
4. uction of Improvements:
A. Commencement Date - The construction of
Improvements shall begin no later than
ale /�i �.Q1 Lo /f'1 p N [�f/i7'1� ��ii✓�1��
B. Completio) Date - All Improvements shall be
completed no later than
ag lob me a .� �•y i w� � j4,Vy_
C. Contractors - The Developer shall select,
retain and supervise the Contractor(s) responsible
for Imp-ov ement construction. The City reserves
the right 1. r quire satisfactory proof of successful
experience t-a adequate financial status of any such
contractor. Where required by City ordinance, the
contractor shall first obtain a license from the City.
D. PreConstruction Conference - Prior to the start
P� any construction, the Developer and the Developer's
Contractor shall meet with the responsible City official
to review construction plans and schedules.
E. Permits - Prior to the start of any construction,
the Developer's Contractor still apply for and receive
all necessary permits from the City and/or government
agenci,2s having jurisdiction.
F. Construction - The construction, installation and
materials shall be in accordance with the plans and
specifications approved by the City.
G. Insurance - The Developer will cause each person
who constructs and installs any Improvement to maintain
complete insurance coverage including Workmen's
Compensation, Liability and Property Damage.
Initials of Developer
4?j1-
Initials of City Clerk 5
11aq(, A c, t A
5. Performance Deposit.: For the purpose of assuring
to the City that the Improvements will be completed according to
the terms of this agreement, and that the Developer will pay all
claims for work done and materials and supplies furnished, the
Developer has deposited with the City at the time of the execution
of this agreement, certified funds or an irrevocable letter o►f credit
in a form satisfactory to the City providing thai the City is able
to draw upon such funds or letter of credit in its sole d"scretion
to complete the Improvements if the Developer fails to satisfactorily
complete the work, prior to the completion date specified in Section 4
above. The amount of s•ich deposit shall not be r 4uced before
substantial completion of the Improvements.
A. Certified Funds - If a certified check is deposited
with the City, said check shall be made payable to the
City of Orono and shall contain no conditions or time
limit for withdrawal by the City. Said check shall be
held in security and -ill not be cashed or deposited
except in default of .is agreement. The check will
be returned to the developer within sixty (60) days
of satisfactory completion of the Improvements.
B. Letter of Credit Expiration - If an irrevocable
letter of credit is deposited with the City, said
letter of credit shall expire no sooner than six
months after the completion date spe E ie ip
Section 4 above, or no sooner than ( t
whichever is later.
C. Performance Deposit Amount shall be 150% of
estimated construction cost.
Estimated Construction
X 150% = Deposit Amount
$ ono S dmAo
s J T00 --
6. Fees and Expenses: The Developer agrees to pay all
City fees required per the current City Fee Schedule and further
agrees to completely reimburse the City for all the variable additional
c,penses it incurs in reward to the review and approval of the
Improvements including, L,ut not limited to, direct City payroll and
overhead, costs, and fees paid to consultants and othei professionals.
Initials of Developer
Initials of City Clerk -
Page 4 of 8
7. Resolutions of City: Developer agrees to be bound
by the provisions set forth in all resolutions of the City Council
approving the Development.
8. Binding Effect: The terms and provisions hereof
shall be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto.
References herein to Developer, if there be more than one, shall
mean each and all of them. This agreement at the option of the
City shall be placed of record so as to give notice hereof to sub-
sequent -purchasers and encumbrancers of all or any part of the
property.
9. Notices: Whenever in this agreement it
required or permitted that notice or dc-nand be given
shall be
or
Either party to this agreement to or on the other party,
noti,-e or demand shall be delivered personally or mailed
States certified mail (return receipt requested) to the
set 'forth below. Such notice or demand shall be deemed
when delivered personally or when deposited in the mail
with the above.
Notice to City
City of Orono
Clerk/Administrator
P.O. Box 66
Crystal Bay, Mn. 55323
Notice to Developer
served by
such
by Unites'
addresses
timely given
in accordance
ZOAA-1 45. �'+')�4339�vs i
5X' O oRoAvo 0RwAlz4 d- Sivyl,
w*Yz
Initials of Developer
Initials of City Clerk
Page 5 of 8
10. Incorporation by Reference: All plans, special pro-
visions, proposals, specifications and contracts for the Improvements
furnished and let pursuant to this agreement shall be and hereby are
made a part of this agreement by reference as fully as if set.out
herein in full.
11. Disclaimer by City: It is understood and agreed that
the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the
Developer or Developer's contractors, subcontractors, ma*erialmen,
laborers, or any other person, firm or corporation, for any debt,
claim, demand, damages, actions or causes of action of any kind or
character, arising out of or by reason of the execution of this
agreement or the performance and completion of the Improvements.
12. Hold Harmless and Indemnification: The Developer
shall indemnvfy and hold harmless the City, the City Council, and
the agents and employees of the City from and against all claims,
damages, losses or expenses, including attorney fees, which the City,
City Council andagents and employees of the City may suffer or for
which it may be held liable, arising out of or res>>lting from the
assertion against them of any claims, debts or ob: ,ations in con-
sequence of the performance of this agreement by the Developer, its
employees, agents or subcontractors, whether or not caused in part
by a party indemnified hereunder.
13. Remedy for Defr.ult: Default 'iv he Developer of any
of the terms of this agreement shall automatically result in the
suspension or withholding of all permits, licenses, occupancy
certificates or other authorizations issued by the City in connection
with the property included in this development.
A. The Developer hereby grants to the City, its agents
and its employees, the right to enter on the property
for the specific purpose of constructing or completing
any and all of the agreed upon Improvements should the
Developer not complete those Imp-ovements by the date
specified in Section 4-B.
B. The remedies afforded to the City under this Section
shall he in addition to any other remedies to which the
City may be entitled by law or other agreement.
lnitials of Developer
Initials of City Clerk
Pale (� of 8
IN WITNESS WHEREOF. ",e City and Subdivider have caused
this agreement to be duly exL ed on the day and year first above
written.
In Presence Of:
Reviewed for Administration:
Date:
CITY OF ORONO
By
(Mayor)
By
(City Clerk)
DEVEUIPER
By
And
By
(City Official)
Page 7 of 8
STATE OF MJN14ESOTA )
) ss. (City Acknowledgment)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before'me
this day of 19 by
and , Mayon and City
Clerk, respectively, of the City of Orono, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
STATE OF MINNESOTA )
s. (Individual Acknc-oledament)
COUNTY OF HENNEPIN )
T e foregoing instrument was a owledged before me
this ✓�, day of 19., by
STATE OF' MINNESOTA )
ss.
COUNTY OF HENNEPIN )
P':, cou'1TY
---- ` r rc, , _, ,a r•..' �s Gec. 14.19N
gment)
The foregoing instrument was acknowledged before r..e
this day of , 19 , by
and , Presi ent anU Vice President,
respectively, of
a Minnesota corporation, on behalf if the corporation.
STATE OF MINNESOTA )
ss.
COUNTI OF HENNEPIN )
Notary Public
(Partnership Acknowledgment)
The foregoing instrument was acknowledged before me
this day of. , 19 , by
a General Partner of , a Minnesota
General Partnership, on ehal o said partnership.
Ti�tary Public
STATE OF MINNESOTA
DISTRIC`P COURT
('r)IINTY OF 111 NNIJ)IN h
------------------- - - - - -------- - - -"r.
Larry D. Rader and Alvina r�,T�adct>�;; .,
Pl.iintiff.S,
VS.
nne:,thesia Associates, P.A., James
C. Bredemus, Nancy Bredemus, Elmer
Fox & Company, a corporation, and
the State of Minnesota,
Defendants.
I'ilc No, 801412
�lii>O>�fti
The above -entitled matter came on for heating before the under-
signed, a Judge of this Court, at a Special Term thereof, on the 11th
day of April, 1983, on the motion of plaintiffs for default judgment
against defendants and for judgment determining that they are owners
of certain homestead prc,nises hereinafter described and that defend-
ants have no estate or interest therein.
Anne Morrow appeared ic•r and on behalf of plaintiffs, ,ind there
was no appearance by defendants.
The Court, bated upon all of the files, records and pruceetlincys
herein and being fully advised in the premises,
IT IS ORDERED:
1. "hat plaintiffs art the owners of rosidential hruperty located
in the County of llennt.,pin, State of Minnesota and legally described as
follows:
The North Half of the North Half of the Northwest
Quarter of the Southeast Qurart or, Soct ion 3,
Township 117, Range 31.
2.. That clrfc ncllnlc. 11r 1(•in )i.-iv(, no r>r iill c'rest t.11(•rvin
or lien lhercon; and
3. That plaintif;:s be awarded their costs and disbursements
herein.
r^f�a)Gtr1a fl°Cti worn four. 1)y me n1bet
)1:: �lf.:�:1151 :•r(1 {1:c• L-1v jowl I Older
1 i•ii !'ll li :LL•ali l!G:•Ila�.
Vatv
1
., , • i. • 'f xnr. fi.. teroe
Dated: April _ , 1983.
13Y 'rHE COURT
,7ude. r of bistric rt
j
-2-
AGREEMENT
This Agreement is entered into by and between Larry Bader
as owner of real property identified as stronghold subdivision
at 420 South Brown Road and John Massopust and Ward Brehm as
purchasers of Lots 2 and 3 of said subdivision pursuant to
Purchase Agreements between the parties dated January 26, 1983,
as amended by letter agreement dated February 25, 1983.
Whereas John Massopust and Ward Brehm are required by the
above referenced Purchase Agreements to place with the City of
Orono an irrevocable letter of credit pursuant to the terms of
the Developers Agreement, attached hereto as Exhibit "A", in
order to assure the City of Orono that the access road improve-
ment will be completed pursuant to the terms of Exhibit "A"; and
Whereas said letter of credit must be placed with the City
of Orono before final approval of the subdivision is granted,
and as a result, before John Massopust and Ward Brehm have closed
on their respective Purchase Agreements with Larry Bader; and
Whereas the parties to the referenced Purchase Agreements
intend that John Massopust and Ward Brehm are to incur costs for
construction of the access road improvement including costs for
the letter of credit, only on the condition that the Purchase
Agreements with Larry Bader are closed and John Massopust and
Ward Brehm become fee owners of Lots 2 and 3;
Therefore, it is heret,• recognized and agreed that in the
event that the Purchase Agreements are not closed for any reason,*,
that Larry Bader guarantees payment to the City of Orono of all
costs covered by the letter of credit and will indemnify John
Massopust and War,i Brehm for all costs incurred in obtaining said
letter of credit, all sums which John Massopust and Ward Brehm
are required to pay as a result of a breach of Exhibit "A"
and the City of Orono drawing upon the letter of credit to c-)mplete
the road access improvement to their satisfaction, and all further
costs which may be incurred by John Massopust and Ward Brehm
to enforce the terms of this Agreement, including recovery of
reasonable attorneys fees.
1
I7n,,
-
L rry Bade
C,
o n Massopust
Date
3
Date
_ � a
Ward A m Date
TO: Planning Commission Members
FROM: Jeanne A. Mabusth, Zoning Administrator
D111 April 12, 1983
SUBJECT: #735 - Latry Bader - Brown Rc )uth - Preliminary and
Final Subdivision
Planning Commission Action - Subdivision Approval - Public Hearing
Application - Plat - Three Lots
Zoning District RR-lB
Area - Nine-pl!)F• Acres
List of Exhibits
Exhibit A - Planning Commission Minutes - May 4, 1981
Exhibit B - Council Minutes - May 27, 1981
Exhibit C - Final Plat
Exhibit D - Resolution
The City staff has worked with the widow of Ruxron Strong,Patricia Strong,
for over a year on the finalizing of the plat, Stronghold. The original
subdivision application, #609, received preliminary approval on May 27,
1981. The City allows a year after preliminary approva'. to finalize a
plat. For two years, staff has worked with several individuals who were
to assist Mrs. Strong in completing the plat. Over a month ago, I was
advised that Mrs. Strong would be forced to sell the property as one parcel
t.) a Larry Bader prior to final approval. The plat and accompanying
documents had to be revised for they would now require the signature of a
new owner.
The City staff asked the new owner to file a subdivision application and
called for a public hearing as the original public hearing for the plat
was held two years ago, May 4, 1981.
In review of the Planning Commission minutes of May 4, 1981 and the Council
minutes of May 27, 1981 (Exhibits A & B), staff can adv ;e that the existing
septic system for the Strong house has been approved by Michael Caffron
and that the road outlot entrance has been extended to a 50 foot width for
the first 100 feet et the request of then County.
Staff has drafted a resolution for final approval of Stronghold. H
recommend both preliminary and final approval of tarry Bader's subs ision
application.
TO: John R. Gerhardson, Public Works Coordinator
FROM. Jeanne A. Mabusth, Zoniny Administrator
DATE• April 12, 1983
Please order a stop sign for the Stronghold plat. The sign is to
be installed when the access road is completed. I will notify
your office as soon as the road is completed. The sign has been
paid for per receipt #13556.
CITY OF ORONO
7:30 P.M.
Regular Meeting of the Orono Planning Commission,
April 18, 1933.
r PUBLIC HEARING
420 Brown Road South
#73" - Larry Bader
Final Subdivision
PUBLIC HEARING
1170 Lyman Avenue
#736 - Donald Mogen
Subdivision
The Orono Planning Commission met on the above date with
the following members present: Chairman Rovegno, Planning
Commission Members Adams, Callahan, Goetten, Kelley, McDonald,
and Sime. Also present: lames Grabek Councilmember, Zoning
Administrator Mabusth, and Deputy Clerk Woytcke.
Chairman Rovegno announced that now was the time and place
for the public hearing concerning the final subdivision
request of Larry Bader, 420 Brown Road South. Zoning
Administrator Mabusth presented the Affidavit of Publication.
Mr. Larry Bader was present to review this application with
the Planning Commission. No persons from the public were in
attendance regarding this application.
Chairman Rovegno closed the public hearing at 7:40 P.M.
Member Sime moved, Member Callahan seconded, to .approve the
preliminary and final subdivision of Mr. Larry Bader at
420 Brown Road South. Motion, Ayes (7) Nays (0).
Chairman Rovegno announced that now wat. the time and place
for the public hearing; concerning the subdivision request
of Donald ;Mogen at 1170 Lyman Avenue. "Zoning Adminis rator
Mabusth presented the Affidavit of Publication.
Mrs. Donald Mogen was present to represent Mr. Mogen. No
persons from the public were in attendance regarding this
application.
Chaiman Rovegno closed the public hearing at 7:50 P.M.
Member Sime moved, :Member Callahan seconded, to approve the
subdivision request of Donald Mogen, 1170 Lyman Avenue based
on the following conditions:
Application cannot be scheduled for Council action until
the owm r/applicant resolves issue of encroaching septic
system •Mid �;t.aff i�; in receipt of alternate septic test
information for lot with existing house. If applicant
decide; to go with the staff recommendat.ion,
TO: W. R. BensDn, City Administrator
FROM: Jeanne A. 'labusth, Zoning Administrator
DATE: April 20, 1983
SUBJECT:#735 - Larry Bader - 420 Brown Road South - Final Subdivision
Resolution
Application - Plat Three Lots
Zoning District RR-lB
Area - Nine -plus Acres
List of E}-hibits
Exhibit A - Plannina Commission Minutes - May 4, 1981
Exhibit B - Council Minutes - May 27, 1981
Exhibit C - Final Plat
Exhibit D - ReSOlulion
The City staff has worked with the widow of Ruxton Strong, Patricia
Strong, for over a year on the finalizing of the plat, Stronghold. The
original subdivision application, #609, received preliminary approval
on May 27, 1981. The City allows a year after preliminary approval to
finalize a plat. For two years, staff has worked with several individuals
who were to assist Mrs. Strong in completing the plat. Over a month ago,
I was advised that Mrs. Strong would be forced to sell the property as
one parcel to a Larry Bader prior to final approval. The plat and
accompanying documents had to be revised for they would now require the
signature of a new owner.
The City staff asked the new owner to file a subdivision application and
called for a public hearing as the original public hearing for the Flat
was held two years ago, May ', 1981.
In review of the Planning Commission minutes of M,,y 4, 1981 and the
Council minutes of May 27, 1981 (Exhibits A & B), staff can advise that
the existing septic system for the Strong house has been approved by
Michael Gaffron and that the road outlot entrance has been extended to
a 50 foot width for the first 100 feet at the request of the County.
At the Planning Commission meeting of April 18, 1983, a second public
hearing was held to review and act on both preliminary and final approval
of the plat, Stronghold. The Planning Commission voted unamiously to
recommend approval of the plat Stronghold subject to the findings and
conditions setforth in the enclosed staff resolution.
Of OKUNO
Peet Office Boa 66*Crystal Bay, Minnesota 55323 - Municipal Offices
Telephone 473.7357
Mr.. Larry Bader
5333 Beachside Drive
Minnetonka, Mn. 55343
NOTICE OF PLANNING COMMISSION ACTION
Date of Meeting 4-18-83
Votes.. 7 For Against
Planning Commission recommends the following:
Control No. 735
Variance
Conditional Use Permit
Subdivision, Preliminary
X X Subdivision Final
Date of Notice 4-19-83
Douglas Klint
2060 Shoreline Dri%
P.O. Box 554
Wayzata, Mn. 55391
Approval: As submitted
—� Approval: Subject to conditions noted
Approval: Additional information required before Council meeting
Denial: For reasons noted
Tabled: Pending receipt of additional information from applicant
Tabled: Pending review by others, or further Planning Commission
study
No action required
NL*TES AND SPECIAL CONDITIONS Please review the enclosed resolution that notes
the findings and conditiong of this approval-Prinr to hpHijins ynur Stth-
divi-inn for Council act inn at thr it moat inq of April ?S" 1 (481 I miict he in
receipt of an u-)dated title opinion, reflecting resolution of Quiet Title
Action no later than Thursday, April 21, 1983.
1-1 Applicant's next scheduled meeting is confirmed as:
Planning Commission
Council
El
Applicant's next scheduled meeting is dependent upon receipt of
additional information. Deadline for the Ayri1 21). 11-jij
meeting is Api- i 1 21, 1983 or
for the meeting.
In all cases, the application must be continued with
requested information within
or the City will consider the application as f( ly withdrawn.
the submittal of
If the applicant has trouble obtaining additional information, please
contact the Zoning Administrator.
tf you desire certified copies of the official Planning Commission Minutes
they are available from the Building and Zoning Secretary upon review
and approval by the Planning Commission.
LAW r. I I US
MASLON EDELMAN BORMAN 6 BRAND
SAMUKL H. MASLON
"'MAN EDELMAN
MARTIN BORMAN
IRVINO R. BRAND
STEPHEN B.SWARTZ
CHARLES OUAINTANCE. JR
NCIL ISELL
MICHAE_ A. SWIRNOVI
JAMES L. •CTTERLY
ROBERT A. ENGELKE
RONALD O. VANTINE
MICHAEL D. GOLDNER
MARTIN O. WEINSTEIN
WILLIAM 1. PENTELOVITCH
R,CHARO D. HOLPER
JOSEPH ALEXANDER
MICHAEL L. SNOW
BARBARA R. HAUSER
82-1150
Ms. Jean Maybusth
Zoning Administrator
City of Orono
Box 66
Crystal Bay, MN 55323
Dear Ms. Maybusth:
I800 MIDWEST PLAZA
MINNEAPOLIS, MINNESOTA 55402
OARr J. HAUOCN
TEL[PHON[ tR 12 T]BBOIS
THOMAS H. BORMAN
REBECCA PALMER
MARK BAVMANN
DAVID r. I'ERR
ROBERT O. DANIELSEN
MANY P. FOARDE
ANNE MORROW
LAWRENCC M. SHAPIRO
RICHARD L &REITMAN
HOWARD S. TARKOW
WILLIAM M. MOWER
April 211 1983
-
SIDNE♦ J .A -LAN
IBOB -BB-
ROGER E OBCPH
1011.IBee
Re: Patricia C. Strong
Douglas Klint, the attorney for. Larry and Alvina Bader, has asked me
to advise you concerning the status of our quiet title action to ex-
tinguish several judgment liens against the Bader (formerly Strong)
property.
On March 8, 1983, we commenced a quiet title action to extinguish
the four remaining judgment liens on the grounds that the premises
were exempt from seizure or sale by jud( ant crediturs as homestead
property.
The judgment of Anesthesia Associates, P.A. had been satisfied several
years ago. However, a satisfaction of judgment had never been filed.
We recorded a satisfaction of that judgment in mid -March. Defendants
James and Nancy Bredemus, Elmer Fox & Company and the State of
Minnesota indicated to me that they would not contest the quiet title
action and that they were satisfied that this had been established as
homestead -exempt property through prior bankruptcy and probate pro-
ceedings.
Jean Maybusth
April 21, 1983
The matter was heard by the District Court at a default hearing
April 11, 1983. I have enclosed a copy of the Order of the District
Court extinguishing all four liens from the property. We are happy
to be able to convey clear title to the Baders and to be of assist-
ance in their work with you and the City of Orono.
I am having this letter hand -delivered to you today so that you will
be able to contact me if necessary before thn City Council meeting
April 25th.
I have heard many complimentary remarks recently about the excellent
job that you have done in presenting this matter to the City Council.
We all certainly appreciate your time and effort in resolving this
matter.
AM/cs
Enclosure
Sincerely,
Anne Morrow
- ?-
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 25, 1983 Pacyi 9
V SUBDIVISION - 1735
420 BROWN ROAD SOUTH
TARRY BADER
Mayor Butler moved, Councilmember 1lammerel
seconded, to adopt Resolution 41479, A
Resolution Approving The Plat Of Stronghold, for
Larry Bader at 42n Brown Road South. Motion,
Ayes (5) - Nays (0).
RESOLUTION f1480
DOCK ._fCENSE
SANDY LEACH SHORES
Mayor Butler moved, Councilmember Grabek
seconded, to adopt Resolution 11480, A
Resolution Directing Staff To Issue A Joint Use
Dock License To Sandy Beach Shores Subject To
Conditions Noted Herein For The Period Of January
1, 1983 To December 31, 1983, subject to filing a
conditional use permit. Motion, Ayes (5) - Nays
(nI.
RESOLUTION f1481
DOCK LICENSE
MINNETONKA POWER SQUADRON
Coun- ilmembe[ Frahm moved, Councilmember arabek
seconded, to adopt Resolution 41481, A
Resolution Directing Staff To Issue A Joint Use
Dock License To Minnetonka Power Squadron
Subject To Conditions Noted Herein For The Period
Of January I , 1.981 To December 11, 1991, subject
to the inspection and maintenance of the septic_
system per Michael Gaffron's report dated April
21, 19R3. Motion, Ayes (5) - Nays (I).
PARK COMMISSION
MEETING DATES
Mayor Butler announced the following meeting
dates and representatives to the: Park Commission
meetings for the balance of 1983:
May 3, 1993 - Jamt!s Grabek
Tune -7, 1991 - John Hammerel
August ?, 1981 - Tom Frahm
October �, 19Q3 - Mary Butler
Oecembirr 6, 1983 - Tim Adams
SEWER SERVICE AREA
GROUP "C' REPORT
mayor Butler reported that she and William Van
Nest met - `th Mr. George Lush, , MWCC, concerning
the Sewat Service Are,
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1.479 _.
A RESOLUTION APPROVING THE PLAT OF
STRONGHOLD
WHEREAS, the Citv of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS, the City Council of the City of Orono has adopted
subdivision regulations for the orderly, economic and safe development
of land within the City; and
WHEREAS, the subdivision has been found to meet all standards
of the RR-1B Zoning District and the City of Orono's on -site sewage
treatment code, finding that each lot is of a size and configuration
that will allow its use as a single family residence to be located
without the need of any variances; and
WHEREAS, the City Council has considered the application for
a subdivision plat by Larry Bader, the Subdivider; and
WHEREAS, the Subdivider has completed all requirements of the
platting regulations of the City, including:
1. Dedication on the plat of drainage and utility casements.
2. Dedication on the plat of right of way for public road,
shown as County Road #146.
3. Creation of a private driveway shown on the plat as
Outlot B.
4. Cont. rent with the creation of this private driveway,
the Subdivider has dedicated to the City a Road and
Utilities Easement. granting to the City permanent decess,
improvement and utility easements over said Outlot; the
Subdivider has created non-exclusive ingress, egress,
drainage and utility easement over said Outlot in favor
of all abutting and/or benefiting lots including a
declaration of certain maintenance covenants wherein each
of ..he abutting and/or benefiting lot owners covenants
and agrees to permanently maintain and pay the cost of
maintenance for said private driveway.
5. Dedication to the City of a Flowage and Conservation
Easement varovidinq for limitations on the i_se of wetlands
and/or drainageways described therein and .shown on the
plat as "drainage cac.ement.s".
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1479
6. Execution of a Subdivider's Agrt2ement providing for
installation of the private driveway as approved by
the City as a condition of subdivision approval.
7. Payment to the City of a Park Dedication Fee in the
am(,unt of $400.
S. Payment to the City for the 'egal review and recordin,
of the plat and all documents related thereto in the
amount of $75.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Orono hereby aproves the plat of Stronghold, Hennepin
County, Minnesota; subject to the following conditions:
1. Access to Lots 1, 2 & 3, Block 1, Stronghold,
shall be from the private driveway with no direct
access permitted to Brown Road South.
2. Outlot A, Stronghold, shall remain under joint ownership
with Lot 2, Block 1, Stronghold.
3. The aforesaid plat shall be filed by `)e City of Orono with
the Hennepin County Recorder's Office n or before
October 25 1983, together with certified original
copy of this Resolution and executed copies of the
easements and covenants described herein.
The approval granted by this Resolution shall expire if the plat has not
been filed by the date specified above. In that event, it will be
necessary to file a new application with the City of Orono for subdivision
review.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held April 25 1.983, by a vote of 5 Ayes and
0 Nays.
Mary C . IN er , Mayor `
Attest
Alberta M. :,4—ow, ''ity Clerk
..control No. 735
1"'.'t l)ffice ling 66-('rc.1.11 14.1%. \tlnnl•."t 6.1',.1-Munacapatl Offtcra;
Tuluph.mv 17:1 7357
TO: Mr. Larry Bader
5333 Beachside Drive
Minnetonka, Mn. 55343
Copies to:
Meeting Date 4-25-83
Notice Date 4-27-83
Variance
Conditional Use Permit {
Subdivision, Preliminary
-�4— Subdivision, Final
'":�)�.�.V:..1.:_.1._...1....:.,...1..,..I..1..1..1..,..1.•,..,..,. i1'i�C•��:�ii 3': iV �'ii��i�:4 :. ...:�'i:t•:'•i�.t��c:isi i�i�.ii�ii :r., .. ., .. :i:: �•"n i�i� i::: ���•i�:i i�i�r��4��
COUNCIL ACTION Vote: 5 For Against Abstention {
MOTION To approve the plat, Stronghold, subject to the findings and conditions s_tforth in
the enclosed res-lution, approved by Council at their meeting on April 25, 1983.
i
--
DEADLINE DATE: _
for submittal of new information (application may be considered
formally withdra,,n if inrormation or explzination is not providcc') .
for Work Permit for work to begin for work to be
application completed
idORY PFRMITS ARE: RFQIiIRED - ccntact Building Inspector before beginning
work.
VARIANCE APPROVAL is limited to the extent shown on approved plans.
Do not change plans. Variance authority expires one year after i:,proval.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
or on deadline date specified above.
PRFLIMINARY SUBDIVISION APPROVAL - Applicant must provide all information
and/or improvements required for final approval. Contact /:,_)ning
Administrator.
FINAI. SUBDIVISION APPROVAL. - Applicant must have drawings, resolution
and all other required documents recorded, with ( -rtification of such
recording returned to the City by deadline date. _
Certified copies of official City Council Minutes -may be ok)tainedy
contacting the City Clark. Allow at least three weeks from meeting date.
WA Y N E G. POP H A M
RAYMOND A HAIK
ROGER W S .HNOSPICH
DENVER KAUFMAN
DAVID S DOTY
ROBERT A MINISH
ROLFE A WOPOEN
G MARC WHITEHEAD
BRUCE D WILLIS
FREDERICK S RICHARDS
G ROSERTJOHNSON
GARY R. MACOMBER
ROBERTS 6URK
HUGH V PLUNKETT. M
POPHAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, LTD.
4344 IDS CENTE4
MINNEAPOLIS. MINNESOTA 55402
TELEPHONE AND TELCCOF Ew
612-333-4600
•REDEPICK C DROWN
THOMAS K DERG
BR'UCE: M MALKEPSON
LAMES R S EILEN
JAMES . .JCKHART
ALLEN W HINDERAKER
CLIFFORD M GREENE
D. WILLIAM KAUFMAN
DESYL L PETERSON
MICHAEL O FREEMAN
THOMAS C 0 AQUILA
L..ARRY D ESPEL
JANIE 5 MAYERON
DAVID A JONES
LEE E SHEENY
LESLIE GILLETTE
MICHAEL T NILAN
ROBERT C-11LANEN
DAVID J EDCJIST
CATHERINE A. POLASKY
STEVEN G HEIKENS
THOMAS J. RADIO
KATHLEEN M MARTIN
JOHN C CHILDS
THERESE AMSPOSK0
DOUGLAS P SEATON
GARY D BLACKFORD
SCOTT E RICHTER
May 19, 1983
Ms. Jeanne Mabusth
City of Orono
Box 66
Crystal Bay, MN 55323
Re: Stronghold Piat
Dear Jeanne:
2660 PETRI -LEWIS TOWER
717 SEVENTEENT. STREET
DENVER, COLORI►DO 60202
TELEPHONE AND TE.ECOP. ER
303 623-2660
SUITE SOC-2000 L STREET N. W.
NA5HINGTON, D. C. 20036
TC'_CPHONE AND TELECOPIER
20?-667-5IS4
MAY 2 0
Please be advised that the plat of Stronghold has been
recorded in the office of the Hennepin County Recorder on May 12,
1983. The document numbers for the plat and supporting documents
are as follows:
Document
Resolut.iun No. 14714
Plat
Road and Utilities r;asement
Flowage and Conservation
Easement.
Declaration of Covenants
(Private Road Easement)
Document Number
4792265
4792266
4792267
4792268
4792269
The document number for the Eatisfact-on satisfying the
mortgage Patricia Strong had with the trustees of Northwestern
National Bank is 4791640. The satisfu(_ti6is was recorded (.n N:,;•
11, 198 4.
Ms. Jeanne Mabusth
May 19, 1983
Page 2
I received assurances on May 12, 1983 from .ittorney Doug
Klint that he would deliver to the City a Letter of Intent
assuring the City that the first and second mortgages issued to
the Baders on a •swing loan" basis would be paid off by the end of
the week of May 16, 1983. As of the date of this letter, I have
not rece...-,d it from Mr. Klint but I am keeping in touch with him
to make sure we receive it.
very truly yours,
r-
ncy E.iusnik
gal Assistant
NEH/jf
2490j
CITY of ORONO
P014t Office Box M0Cr.%Mal Hey, Minnempta 5532.1•Municipal ('ffices
Telephone 473 7357
TO: Ruxton R. Strong
420 South Brown Rd.
Wayzata, MN 55391
Copies to: Lynn Andersin
Gordon Coffin
Control No. 609
Meeting Date 5-27-81
Notice Date 6-1-81
Variance
Conditional
x Subdivision,
Subdivision,
COUNCIL ACTION Vote: 3 For Against Abstention
MOTION to approve your preliminary subdivision per the findings
Use Permit
Preliminary
Final
and conditions setforth in the enclosed zoning administrator's
memo.
rick*k�t�k�tyt**•*•ir*:kkyt:F'k�k�Y�t-hi:�k�Ar�J:-Jr:k*•*�*�Y*i�,ki�st*��-yt**�t�-ik-k�x*�k� tc�'cx*:k**'x-Jt�r,t•*�r*�k:k*��r „�ksk**�R
DEADLINE DATE
for submittal of new information (application may be considered
formally withdrawn if information or explanation is not prnv'.dec
for Work Permit for work to begin for work to
application completed
WORk PERMITS ARE RFQVTRED - contact Building Tngpector before beginning
work
VARIANCE APPROVAL is '.imited to the extent shown on approved plans.
Do not change plans Variance authority expires or►e year after approval.
CONDITIONAL USE APPROVAL expires upon change of ownership or use,
or on deadline date specified at
PRELIMINARY SUBDIVISION APPROVAL Applicant must provide all information
and/or improvements required for final aonroval. Contact Zoning
Administrator.
FINAL SUBDIVISION APPROVAL. Applicant nv.st have drauings, resolution
and all other required documents recorded, with certification of Euch
recording returned to the City by deadline dace.
Certified copies of official City Council INinutes may be obtained y^�
contacting the City Clerk. Allow at least three weeks from meeting date.
TO: Ruxton R. Strong
FROM: Jeanne A. Mabusth
DATE: June 1, 1981
SUBJECT: #609 Ruxton R. Strong, 420 South Brown Rd.
Preliminary Subdivision
Conditions of Approval
1. Three lot division per survey dated March 20, 1981.
2. New private road to serve all lots: no direct access
for Lot 1 to Brown Road or County Road 146. All ad-
dresses will be Brown Road.
3. Council grants a variance to the 2 acres of dry build-
able contiguous land standard; lot 1 contains only 1.6
acres of dry contiguous land.
4. Cu,,ncil grants a setback variance of 22' from the wet-
lands for private road.
5. Lots 2 and 3 have met the required septic approval per
Gaffron memo of April 6, 1981. The existing septic *iK'
system on lot 1 will be reviewed and approved by Gaffron
before final plat approval.
Improvements Required
1. Construction of nci private road per following standards -
plans to be submitted to City prior to construction.
a) new access on Brown Road to be reviewed by Hennepin
County Highway Department
b) road bed should be no wider than 14'
c) gravel road
d) four ton capacity
2. Upgrading of existing septic system if necessary prior L
to final plat anproval..—
Final Plat Submittals
1. Record plat drawings in the form of two (2) mylar copies
and one (1) copy reduced to 1" = 200'.
Drawing to include:
a) lot lines located per preliminary survey
b) private road to tie platted as Outlot B
c) Dedication of Brown Road 33 ft wide from centerline
Ruxton R. Strong
(cont.)
d) Dedication of "drainage and utility easements"
10' wide along perimeter of plat and along road
outlot, and 5' each side of interior lot lines
e) Dedication of "drainage easements" over the wetlands
as shown on the preliminary survey at 932.5 elevation.
2. Legal Documents required
a) 'i-itle opinion addressed to the City. All owners,
mortgage holders or others with property interest
indicated therein shall sign the plat and all other
documents affected by such interest.
b) The applicant must provide certified copies of all
recorded easements currently affecting the property.
c) Two exec u_ed copies of the Road and Utilities
easemen"-: see sample attached
d) Two executed copies of the Declaration of Private
Road Easement and Declaration of Covenants for
Maintenance of same: legal description also is
Outlot B, etc.
e) Two executed copies of a Flowage Conservation Easement:
see sample attached.
3. Fees to be pa 3-
Total Due - 50.00 3 S S
a) Park Dedication Fee per c-irrent schedule one 2
acre lot = $20C.00, 2 lots at 200.00 = $400.00
b) Legal review and film,, fees in the amount of $75.00
c) Stop sign installment - $75.00
CITYof ORONO
fast Office Box 66 • Crystal Bay, Minnesota 5.5323 • Municipal Offices
On the North .Shore of Lake Minnetonka
July 28, 1983
John B. Massopust Ward Brehm
Robins, Zelle, Larson & Kaplan Address Unknown
33 South Fifth Street
Minneapolis, MN 55402
Gentlemen:
This letter is written to advise you that letter of credit
no. 1125 will expire as of September 4, 1983. In consideration
of the length of time the M.C.W.D. must have to approve_ your
permit, the City asks for an extension of letter of credit
no. 1125 to be delivered to this office no later than August 29,
1983.
Please contact my office if you have any questions.
Mr. Massopust would you please see that I get Mr. Brehm's
current address for the City records.
Sincerely,
Jeanne A. Mabusth
Zoning Administrator
cc: Ward Brehm
BUILUI' '; & ,ONIN , 473.7351 • AUNINISTRA710N & 1-INA%('1 473 7358 • PUBLIC WORKS 473 7359
ASSUSSUM ;
T. ;
OF ST. I.O1'IS PAR • 5353 N AI ZA'I A III. U. %1INN F.U'OHS. %II%\FSOI A S."16 • 1I10\F. 544- 544
September 3, 1983
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
RE: Letter of Credit No. 1137
Gentlemen:
We do hereby issue our Letter of Credit No. 1137 in your favor for the
account of John Massopust and Edward W. Brehm 1II, in regard to
stronghold subdivision 420 Brown Road South, Orono, Minnesota in
the amount of $25, 500.00.
The purpose of this Letter of Credit is to guarantee construction of the
road to qualify to the City of Orono standards. Any drafts presented for
payment under this Letter of Credit must be postmarked no later than
November 2, 1983, which is the expiration date of this Letter of Credit.
Very truly yours,
PARK NATIONAL BANK
Cynthia R . Darling
Vice President
CRD : of
kv
*--=gum
EM
dim /•,�� �!
I
`DPI
DEPENDABLE EXCAVATING, INC.
BLOOMINGTON, MINNESOTA 5b431 1725 WEST BOTH STREET (6121881-5467
January 6, 1984
City of Orono
P. 0. Box 66
Crystal Bay, MN 55323
Re: 420 Brown Road
Gentlemen:
l,j
�,`
U
CI-Y 0F
I hereby give you notice of a claim for services and
materials supp?ied in the construction of the above
road. This work was performed for Edward BrehmIII
and John Massopust.
As I have been advised that a Paument and Performance Pond
has been posted for the project, I wish to acknowledge
notice of claim and request payment be forthcoming
immediately.
We also request that you forward any inforn, pion
concerning the above bond to our office.
Thank you.
Sincerely,
4G-��f �ng \(
GORDON R. COFFIN CO.. INC.
SURVE YMIG. 'BAND LAND PLANNING
3025 WATERTOWN ROAD
LONG LANE. MOM 1377511
♦73•141
1-20-84
Mr. William L. Waldron, Jr.
1980 Fox Street
Wayzata, MN 55391
Drar Kr. Waldron:
I appreciated taiking with you yvsi.erdyy regarding your concerns
about the road constructed in the subdivision to the north of your pro-
perty.
It is my understanding that you would prefer the roadwal to be left
lowear as exists, with a row of evergreen trees planted on top of the
steep bank along your property line in order to discourage the possibil-
ity of someone falling down the elope from your property.
Your other concern was that, some grading be done in order to elim-
inate the access from your driveway to the existing house at 420 S.
Brown Road. ?hue, those owners would use the new road for access rather
than your driveway ontrance.
If this satisfactorily addressee your concerne, would you please
sign one copy and return :• as a basis for us to see that these items
are taken care of in the spring, and to satisfy the rit.y of Orono that
your enncerne have been mt..
Sincerely,
WRDCN R. COFF IN CO., INC.
dated this .20 day of �.:g � y: , 19P4 tyy
`.ir!: S. Gronberg
dated this, ',day of , 1994 by Ain
r L. Waldron, Jr.
CITY of ORONO
fast Office Box 66•Crystal flay, Minnesota 55=3•Municipal Offices
On the North ,Shore of Lake Minnetonka
January 25, 1984
Gary Vinge
DepFnd;a!-, Sxcavating
1125 Wc-i^ ."th Street
Bloomington, Minnesota 55431
Dear Mr. Vinge:
The City of Orono does not recognize your claim for payment of
s-rvice performed. The City of Orono has a letter of credit with
developers referenced in your letter as Edward Brehm III and
.n Massopust. The City will release all claim to that letter
of credit when they are convinced the developer has satisfied
all requirements of the nevelopers Agreement.
Your specific claim as a contractor would be best addressed by
your clients.
Please contact my office if you have any further questions.
Sincerely,
0 - / rk
Jeanne A. Mabusth
zoning Administrator
cc: John Massopust, 550 Orono Orchard Rd. S., Wayzata, Mn. 55391
Edward Brehm III, 4737 York Avenue, Minneapolis, Mn. 55410
Ytll11l\i,& /n\I♦t, a', '?" • 41)N1♦ISIkA110%& 11\a\t1 4'3'1So, • PI NJ14 Nt,kk, 1'1's•;
GORDON R. COFFIN CO., INC, t
SUR V E V ING. ENGINEERING AND (.AAQ ftjtPNr1110
3025 WATERTOWN IJUAP
I
LONG LAKE. MINN. S39.
JANU 2 7
473.4141 1.; 14-
-•....,_
i
/*4. / -0� t4 ^wxe-c
� C s�� ,,•� '`�`�1,�•,�- L Oak
GOADON R. COFFIN CO., INC.
SUR%,EYING. ENGINEERING AND LAND PLANNING
302S WATERTOWN ROAD
LONG LAKE. MINK. S53SO
473.4141
Cps i� Q 'A�
•r.
GORDON R. COFFIN CO.. INC.
SUN V E v INO. E NCAM 9 AMiO AND LAND Pt AMNMI(i
3091S WATMTOWN LOAD
LONOIAIlE.IMM 0%3%6
4714041
2-9-84
Mr. William L. Waldron, Jr.
1880 Fox Street
Wayzata, MN .55391
Dear Mr. Waldron s
In our conversation last month concerning the road to the north of
;aur p;c;a:ty� we diacus,sed tics possibility of some erosion because of
the steeper banks which will take longer to establish vegetative cover,
and this possibility being mitigated by the location of the bank in a
wooded area on top of a ridge which would receive little runoff water.
The city of Orono wants to be assured that this has been di---usaed
and that you are aware of a greater possibility of erosion before they
give their approval for a lower road
Would you please sign and return one copy of this letter in order to
satisfy the city of Orono of your awareness of this possibility.
Sincerely,
MKDON R. COFFIN CO., INC.
Mark kf�� riRAga
i
!n An.acknowledged this (day of r�}1994 byWilliKm L. Wa
�inancia� �#.tk * -) 3s-
l�u�ae avu�i
INSURANCE AND TAX PLANNING 'EMPLOYEE BENEFITS 660 PILLSBURY CENTER
MINNEAPOLIS. MINNESOTA 55402
(612) 375.9033
March 29, 1984
Jean Mabusth
City of Orono
Box 66
Crystal Bay, MN 55323
Dear Jean:
t
OF SON
I am writing pursuant to our previous conversations regarding t1- installation c�
the stop sign at the end of our now conpleted and appro-ed road.
In addition, we were wondering if we cou_d pay for and have installed a street
sign for our road. We thought it would be nice to nam our road "quash Court",
and your help in this matter would be most greatly appreciat, '.
Please give me a call at your convenience to discuss the above. Thank you very
much.
Best repards,
Ward Brehm
FUR :clh
P,V— �. _ Fib �Z � ,, Own'
�`. A. nm.
4^joa -4 & 4"aam ia, Inc.
O
.2JJ5 W. /W-A Ripe-'
& P..4 mts
Aaaa. 612 - 6d64600
36
April 23, 1984
City of Orono
Box 66
Crystal Bay, Mn. 55323
Attn: Mr. Jeanne Mabusth
Re: Ruxton R. Strong
420 Brown Road So.
File No. 139-609
Dear Ms. Mabusth:
(hto G Aonntroo, P f
Rohm M' Roxnr, P E
lowph C Andrrltk, P F
Rradford A I. nnhrq. P f
Rrrhard f rarnrr, P F.
)a~$ ( (N.+on, P E
(iknn R Co A, P f
Aoth A Gordon, P E
Thomas E Noses, P E
Nwhard W Foster, P E
' +hrrt G Schu."At, P E
rwn L Sorvak. P f
meld C Nwxv dt. P E
r A Bowdon. P f
A A Nanx , P f
rd A Fw(d. Pt
.Ntchsr( r Rartmann. P F
Rnhart R. Pfefferw, P E
Do+d Loskwa, P f
Charks A fr"son
Iry N Pa.Ntk r
Hadan 4/ (Nmn
We have inspected the street construct on the Ruxton Strong subdivision at
420 Brown Road. The ditch work has bec- completed and the drainage problem
corrected. The gravel base on the street was very rough the day of the in-
spection and should be shaped up. The ditches were steep next to the roadway
sad should be sloped properly, graded .a,.l seeded.
We would recommend that 25 percent of the bond amount be retained unti.1 all
grading work and seeding i5 completed.
Yours very truly,
BONESTROG, ROSENE, ANDERLIK 6 ASSOCIATES, INC.
-r
Glenn R. Cook '
GRC:mb
DIli:10
.�... 7
Aek 2 G twl
`.ai
CITY ui Or.