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Arboretum Business Park 7th Addition Phase II Trail Construction CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952,227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952,227.1170 Finance Phone: 952.227.1140 Fax: 952.227,1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227,1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952,227.1404 Planning & Natural Resources Phone: 952,227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227,1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227,1110 Web Site www.ci.chanhassen.mn.us 4 MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park & Recreation Director ;1// e)M-r" ~ DATE: August 11, 2008 "~r SUBJECT: Approve Contract for Arboretum Business Park ih Addition Trail Construction - 2nd Phase PROPOSED MOTION Staff recommends the City Council adopt the following motion: "The City Council approves the trail construction contract with Steiner Construction Services, LLC, in the amount of $181,046.51, subject to adjustments for allowance items and unforeseen conditions." Approval of this item requires a simple majority vote. The City holds a development contract with Chaska Gateway Partners Limited Partnership dated August 25, 1997. Paragraph T of the Special Provisions portion of the contract calls for the construction of the "wetland trail" to be completed in two phases. The first phase was completed in 2005 near the Holiday Inn Express through an investment of $256,000 in park and trail dedication fees. The second phase of the trail will connect Century Boulevard to Trotters Ridge. Plans and specifications for the project have been reviewed and approved by staff. Steiner Construction Services has solicited competitive bids and is prepared to initiate work upon approval of the City Council. The estimated project total for the base work is $181,046.51. Additional dollars will be invested in retaining walls and safety railing fence as field located during progression of the project. Some additional rock and geofabric may also be required based upon soil conditions. Soil tests have been completed giving us reasonable assurances that soil correction areas will be limited in scope. Unit prices for work items above the base work are included in the approved alternates' schedule. This project is included in the 2008 Capital Improvements Program. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt August 11, 2008 Page 2 Staff is excited to bring this project before the Council for approval. It was 1995 when the initial section of this trail loop was constructed concurrent with the Trotters Ridge neighborhood. For 18 years the community has waited patiently for development in this area to be complete, bringing with it the completion of the trail master plan ATTACHMENTS: 1. Site map 2. Plans & Specifications 3. Exhibit A - City costs per development contract 4. Exhibit B - Bid specifications 5. Project Contract drafted by City Attorney 6. CIP Project Sheet g:\park\th\traiJ\cc aproval phase ii steineLdoc Trailhead West Interpretive :-lode (typ) . Natural Sitting Area · Interpretive I Education Infonnation . Kiosk Existing Bituminous Trail (typ) In Street Boulevard Areas Proposed 8' Biruminous Trail (Alternate Trail Location) I bs"'''R & AsSOClllTES. LTD. ll~"'l> 1;\' 1", .......'-.;(. .....n 111\1(;" ~ ~.._~ ~ Scale I" = ISO' ~~Q1mt1l~[]lim rroje"1~01-17 lhne.June 15th. Steiner . Construction Services, LLC EXHIBIT "A" ASP - 7th Addition 2-PHASE TRAIL CONSTRUCTION Chanhassen, MN JULY 29, 2008 Description Units I Unit Cost City Cost Description 1-000 GENERAL REQUIREMENTS 1-304 General Liability Insurance 175 2.887 505.23 1-310 Printinq Costs 1 125.00 125.00 1-311 Supervision 70 70.00 4,900.00 6wks x 2hrs/day + set up & punch 1-331 Civil Enqineerinq 0 - By Developer 1-336 Buildinq Permit 0 - - Not Included 1-451 Soil Testina & Inspections 1 8,000.00 8,000.00 Allowance (22 site visits) 1-521 First Aid I Safety 1 150.00 150.00 GT pluqqed 1-523 Portable Toilet 1 450.00 450.00 GT pluqqed 1-722 Stakina 1 4,500.00 4,500.00 Allowance 1-810 Common Labor 24 55.00 1,320.00 GT pluqqed 2-000 SITE WORK 2-201 Earthwork 0 - - Included in Asphalt Pavinq. Includes 3,380LF of silt fence 2-270 Erosion Control & Seedina I sa yd 0 - - 3,200 sq yds of seed & mulch included. I (Seed Blanket) 1.000 1.15 1,150.00 Allowance 2-830 Retainina Walls 0 - - 700sf included in Asohalt Pavina (specified keystone) 2-701 Asphalt Pavinq 1 135.650.00 135,650.00 0 - - 5-500 MISC, METALS 5-520 I Handrails and Railinas llin ft I 01 - I - INot Included, see AIt#1 I 01 - I - I 22-000 CONTRACTOR'S FEE 22-001 Continaency 5% 0 - 7,837.51 22-010 Contractors' Fee - Cost Plus 10% 16,458.77 ESTIMATED TOTALS 181,046.51 SCHEDULE This scope of work shall begin on or about August 6, 2008 and without weather delays will be substantially complete by August 29, 2008. ALTERNATES AIt#1 - MN Dot Railing #8401 AIt#2 - Per yard to remove unsuitable material AIt#3 - Per yard to replace with Cls-5 AIt#4 - Per yard to replace with 2" clear rock AIt#5 - Per sq yd of geofabric installed AIt#6 - Per sq yd of seed blanket installed AIt#7 - Per sq ft of additional retaining wall. 44.00. ILF 18.70 Icu yard 33.00 Icu yard 49.50 Icu yard 1.10 Isq yd 2.20 Isq yd 36.30 Isq ft Approved and Accepted by: City of Chanhassen Steiner Construction Services, LLC Date: Date: I 1 I 1 .--" t --~.<i ~nB ~ .... ~= l"~1 . a: ~I jl~1 i~.l! i Ii~ ~l HI ill! ili gllP ~ i i~i !EhiJ 't: '"'I-a ~MI i' II lJ ~ Ii ~ !I Ii Iii !Jlu .... ~ I- :E :::I l:i:i~ l%:w ticcn .!!.=< e a:: :c ,,-CD.. ; w ~ ~ c:J !i Ii ~ :I: _ m i~ Iii :2 f..) 8' ~c.:l::lU :00:: l%: :Eif :::1m t:i (I) Z g~ ~~ 'Ii a,d;,; ~ .9~~~ Illl!11 r; ii.' .1 Inri!! !i.!.~ I Hli III I " I~!~' ~ ~ ~ iillnnUi~1 l . ;Ii~ a ial~ ~ . I I ~ l~ ~ ~. ~i i ;1111! ii Ilil Ii im 11Im!! ! !I !ill i Ii Iii; ~ ~d.~ II ~lii Ii !u~ H~~h'i ~ ~~ .~~ I ~ II I ~i s I Il;!il Ii ~Ih. I; Id! li~ln~ ! :i!n ~ I i~~ i h ; II I ,~i. U I'il~ i .~al ~ l"~il i II~' I ~ m ~ I' I II I 11111 III 11111 l!!il llli IIIII!II ! .111I111111111111 i I ~ I,pg .~~ U(i ~! .i;i ~~iAi'i' ~ I! ~~I ~i l '~I i h'. ! ;1;11 ih nhl in mn U!ldil! II d ill Ii i II! 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' "!"; 'I ii, j_;: ,ll, "". . ll:~, i II .j!! i! :1' p ,!ljl!!! iilii i~ ~~~~~ 2 i le~~~. ~~ h ~ ~~ ~5 ~h ~ .~ ~~ ~ .. 1'.'" " 'I! 'I '. 'I I "ll! 'I" '", I !ill~i!1 i Ii:m 1!. II II ! I! !i il hi II !i !ll h "I"! I' i!.. i:. !! I' ! 'I .j !! ;;, .. .. .. . ~~~ n g~ ~~. ~~ ~8~~ M 8l s~ ffi:>o "'~ ~ _ ~~ffi i~~~~ 8~ ~~ ~~~~ ~~~ s[ _, ~~5 ..~~if~ ~u 0 ~; a_ s O/:l a.. oJ ClzO zo~ --.... tCcnz ! ~ ~o ~ClWO "I I i ::EW" ;:)cnm Ih ....~h s W Q.. 1D;i ,,% i h ~ == ~~ _:Ii "S,; , il I ~ ~ Ii ~ i~ i ~ c(.... u 6 B~:&: ; ; ~ I ~ii h ~ ~ ~ ~ i; ~ ~~~~~ g ~~ ~ ~ 0 ~ a ~ ~i. ~ ~ OOU~~dl" a '<. 'UUawl B . !! ~ ~ ~L IJli ~ !I!! II:! I ~! ~~ ~~ !Ii~ ~ I~ R~li ~ .. :~J ~ I I E li!1 I II 1;': I .~ _I -'-"'''... ,. , r '... -- - -- - -' , , ~"'-&, / , , " / '..., ""-., I ..., I I , /1 r\T I~-'~ _', " L~V, I I '" I I , ? ) I I I ./ / I I I I I I I I I I ! I I \ \ \ ;' / ", \ \ \ I I I I I J. r I 1~ J!, I I l~ I I I = ,/ I!I 1 l!i ! l U.~~llf 1'./1 I,lL I, 'I 'fl.I,.. It I I I I l II ' I fI~'~ I H~I ~lIJlh 'H'lh~ l!U !ii i t LJ\! \ \ II 14 till! II It IiI. i~ :, .,' '1 J. '!s,- m , , ----.R! I; /\ I I L)' /:. I-'~ \..L...y~, 1~1~1-.l.....L1 )~::( J .l- nOB AtJn.LN1::J mj\! ^.3l I -~~-- Steiner Development, Inc. 3610 County Road 101 Wayzata, MN 55391 (952)473-5650 Fax (952)473-7058 EXHIBIT "B" Arboretum Business Park - 7th Additition (2) Phases of City Trail I Bid Specifications Chanhassen, MN July 29, 2008 CONTRACT DOCUMENTS: Schoell & Madson (West Trail) MFRA sheet C4.2 (East Trail) Grading & Erosion Control Plan, sheet C 1, dated 10-8-07 Trail Grading Plan East, sheet C4.2, dated 2-4-08 Braun Intertec Shallow Boring results & recommendations dated 6-11-08 SECTION 1000 - GENERAL REQUIREMENTS All site general requirements needed to complete this scope of work are included including but not limited to, the following: . Office, Administration & Project Management. . Printing costs for construction site plans. . Site Supervision . Soil and Materials Testing and Inspection Services (Allowance of $8,000). . Portable Toilet Facilities . Traffic control as needed . Storm Water Management SECTION 2000 - SITE CONSTRUCTION 2200 Earthwork . Silt Fence installation. . Clear & grub site - Remove all brush and trees from the trail area approved for removal by the City of Chanhassen including brush cuttings generated by the soil boring operation. . Strip and stockpile / re-use or export topsoil from the trail area. · Sub-cut the west trail 12" and the east trail 9" in preparation for placement of class-5. Any additional sub-cut or import materials required shall be charged in a change order with unit costs. . All sub grade preparation shall be in accordance with the soils engineer of record. . Finish grade both sides of the trail as needed. 2501 Site Utilities . Supply and install the storm water piping as specified in the contract documents. 2701 Asphalt Paving . A six inch section of limestone class-5 is included for the east trail to accommodate the 9" overall blacktop section specified in this scope of work. . A nine inch section of limestone class-5 is included for the west trail to accommodate the 12" overall blacktop section specified in this scope of work. . Install a 3" bituminous section over the east and west trails per plans and specifications. 2830 Retaining Walls . An allowance of 700 sf of keystone retaining wall has been included in this scope of work. 2951 Site Restoration . Supply and install seed and mulch to all soils disturbed and exposed as a result of this scope of work. . Restore all areas damaged or altered as a result of permission access granted from adjacent properties. SECTION 5000 - METALS 5520 Handrails and Railings . Handrails not included in this scope of work. (See Alt #1) CLARIFICATIONS & EXCLUSIONS . City permit or inspection fees of any sort are not included. . Class 5 or bituminous beyond the sections specified in this scope of work. · Additional Class 5 or any other materials required by or lost to weather conditions, unknown soil conditions or as a result of repeated construction traffic are not included. . Any work not specifically included in this specification is not included. FORM OF AGREEMENT BETWEEN CITY OF CHANHASSEN AND CONTRACTOR FOR NON-BID CONSTRUCTION CONTRACT THIS AGREEMENT made this _ day of ,2008, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("Owner") and STEINER CONST~UCTION SERVICES, LLC, a Minnesota limited liability company, ("Contractor"). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Standard General Conditions of the Construction Contract, EJCDC C-700, 2002, as amended by City of Chanhassen Supplementary Conditions to the General Conditions. C. Exhibit "A" - Job Cost Estimate and Schedule of Unit Prices dated July 29,2008 including alternates 1 through 7 inclusive. D. Specifications, Exhibit "B", dated July 29,2008 E. Drawings and reports: . Schoell & Madson (West Trail) - Grading & Erosion Control Plan, Sheet Cl, dated 10-8-07 . MFRA Sheet C4.2 (East Trail) - Trail Grading Plan East, Sheet C4.2, dated 2-4-08 and Revision "A" dated July 3, 2008 . Braun Intertec - Shallow Boring Results & Recommendations dated 6-11-08 In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts with Contract Document "A" having the first priority and Contract Document "E" having the last priority. 2. OBLIGA TIONS OF THE CONTRACTOR. The contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined in accordance with Exhibit "A". 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by Engineer as provided in the General Conditions. 140400vOl RNK:08/06/2008 1 B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. ~ 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 '12 percent per month or any part of a month to the Subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. ~ 290.92 requires that the City of Chanhassen obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by Engineer. 5. COMPLETION DATE. The Work must be completed within sixty (60) days after the date the Contract Times commence to run, and completed and ready for final payment in accordance with the General Conditions within sixty (60) days after the date when the Contract Times commence to run. 6. CONTRACTOR'S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 1 40400vO 1 RNK:08/06/2008 2 1 40400vO 1 RNK:08/0612008 c. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: 3 (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner, the Engineer, and any Subcontractor. (4) The Contractor shall bind every Subcontractor by the terms of the Contract Documents. 7. WORKER'S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker's Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8. COMPREHENSIVE GENERAL LIABILITY. Contractor shall obtain the following minimum insurance coverage and maintain it at all times throughout the life of the Contract, with the City included as an additional name insured. The Contractor shall furnish the City a certificate of insurance satisfactory to the City evidencing the required coverage: Bodily Injury: $2,000,000 each occurrence $2,000,000 aggregate products and completed operations Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Contractual Liability (identifying the contract): Bodily Injury: $2,000,000 each occurrence Property Damage: $2,000,000 each occurrence $2,000,000 aggregate Comprehensive Automobile Liability (owned, non-owned, hired): Bodily Injury: $2,000,000 each occurrence $2,000,000 each accident 140400vO 1 RNK:08/06/2008 4 Property Damage: $2,000,000 each occurrence 9. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the quote shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 10. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney's fees it may incur as a result of any such claims. 11. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data PracticesIRecords. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. 140400vOl RNK:08/06/2008 5 140400vO 1 RNK:08/06/2008 E. Software License. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. J. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of- way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City's not timely obtaining rights-of-way or easements. 6 L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CITY OF CHANHASSEN CONTRACTOR: STEINER CONSTRUCTION SERVICES, LLC BY: BY: Todd Gerhardt, City Manager Its: Address for giving notices: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Address for giving notices: License No.: (where applicable) Agent for service or process: 1 40400vO 1 RNK:08/06/2008 7 CITY OF CHANHASSEN SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS The following supplements shall modify, change, delete from and/or add to the "Standard General Conditions of the Construction Contract" (No. C-700, 2002 Edition), as prepared by the Engineers' Joint Contract Documents Committee. 1.00 SECTION 2.7: Delete paragraph 2.01B and insert the following: Before any work at the site is started, Contractor shall deliver to Owner certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with paragraph 5.03B. 2.00 SECTION 5.01B: Delete. 3.00 SECTION 5.04: Delete. 6.00 SECTIONS 4.06G, 5.05, 5.07, 11.01A5F, 11.03D, 12.03B, 15.03.A3, 15.03A4: Delete these eight (8) sections. 7.00 SECTION 5.09: Delete Section 5.09 and insert the following: If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing thereof within ten days of the date of delivery of such certificates to Owner in accordance with paragraph 2.01. Contractor shall provide such additional information in respect of insurance provided as may reasonably be requested. 8.00 SECTION 13.07: One Year Correction Period Change first sentence of Section 13.07 A to read as follows: If, within one year after the date of final payment and acceptance by the City of Chanhassen, any work is found to be defective, the Contractor should promptly, without cost to the Owner and in accordance with the City Engineer's written instructions, either correct such defective work or if it has been rejected by the Engineer, remove it from the site and replace it with non-defective work. 9.00 PROMPT PAYMENT TO SUBCONTRACTORS: Pursuant to Minnesota Statute 471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days 140400vOl RNK:08/06/2008 SC-l of the Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one-half percent (1 Yz %) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10.00 REQUIREMENTS FOR FINAL PAYMENT: Final payment will not be made until the Contractor, and all subcontractors, furnish a certificate showing that they have complied with the provisions of M.S.A. 290.92 and 290.97 concerning the withholding of Minnesota income tax on wages at the source. Said certificates shall be obtained by the Commissioner of Taxation. IC-134 forms for certifications may be obtained from the Department of Revenue, Centennial Building, 658 Cedar Street, St. Paul, MN 55155. 11.00 DATA PRACTICES ACT: The Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the Owner pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. The Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event the Contractor receives a request to release data, the Contractor must immediately notify the Owner. The Owner will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold the Owner, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 12.00 SECTION 14.02A3: Delete Section 14.02A3 and insert the following: The amount of retainage with respect to all progress payments will be as follows: 1 40400vO 1 RNK:08/0612008 SC-2 140400vOl RNK:08/06/2008 Minnesota Contractor's Exempt Non-Minnesota Contractors Non-Except Non-Minnesota Contractors 5% 5% 5% + 8% = 13% *State Surety Deposit Non-Minnesota Contractors are advised to file Form SD-3 with the Minnesota Department of Revenue to determine their exemption status. SC-3 Capital Improvement Program City of Chanhassen, MN 2008 thru 2012 Contact Unassigned Department Park & Trail Improvements Account # 1 410-0000-4710 Account # 3 Type Improvement Useful Life 30 Years Category Park Priority n/a Project # PK&T -047 Project Name Arboretum Business Park Lot 12 Trail Account #2 Total Project Cost $317,000 Description I Construction of an 8-foot wide asphalt trail in the Chanhassen nature preserve. Justification I Represents the final phase in a four part trail construction initiative. Expenditures Land Improvement 2008 317,000 317,000 2009 2010 2011 2012 Total 317,000 317,000 Total Funding Sources Park Dedication Fund 2008 317,000 317,000 2009 2010 2011 2012 Total 317,000 317,000 Total Operational Impact/Other I Maintenance and operations costs.