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Imp. Proj. #595 /~ 59 s- 6u1L:> 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531-5175 March 27, 1997 Legend Technical Services, Inc. Attn: Cheryl Sykora 775 Vandalia Street St. Paul, MN 55114 Subject: Environmental Testing at 7528 42nd Avenue North in New Hope Dear Ms. Sykora: Thank you for submitting a quote for the above referenced project. Northern Environmental Technologies solicited quotes for the work on behalf of the City of New Hope. Listed below are the quotes received: Company Angstrom Analytical, Inc. Legend Technical Services Environmental Property Audits Braun Intertec Applied Environmental Sciences Estimated Total Cost $650.00 $795.00 $795.00 $1,018.00 $1,110.00 At the March 24 New Hope City Council meeting, the Council awarded the bid to the low bidder, Angstrom Analytical, Inc. Again, thank you for submitting a quote. The City will keep your firm's name on file for future quotes on environmental work. _. Sincerely, '~)' . \'''' "'\\~.\~\,/<~\ \ ~ '--"- ~ -. . '-"-- ,,\:~---- Kirk McDonald Management Assistant! Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Jerry Pertzsch, Bonestroo & Associates Doug Sandstad, Building Official Valerie Leone, City Clerk (Improvement Project No. 595) Doug Bergstrom, Northern Environmental '<1.Jlli ., . Family Styled City ~l',,~ For Family liVing Additional names/addresses for bulk asbestos and light ballast survey letter: E.P.A., Inc. Attn: James Lindahl 2701 4th Avenue North Anoka, MN 55303 Braun Intertec Attn: Bret Berglund 1345 Northland Drive Mendota Heights, MN 55120-1141 Applied Environmental Services Attn: jerry Anderson 5075 Wayzata Boulevard Minneapolis, MN 55416 March 18, 1997 (BRA210663) 372 West County Road D New Brighton, MN 55112 Fax 1-612-635-0643 1-612-635-9100 1-800-776-7169 Northern Environmental"' Hydrologists. Engineers. Geologists Mr. Kirk McDonald City Of New Hope 4401 Xylon Avenue New Hope, Minnesota 55428 RE: Estimated Costs for Asbestos Sampling and Light Ballast Identification at Foremost Property, New Hope, Minnesota Dear Mr. McDonald: At your request, Northern Environmental is pleased to provide cost estimates for the sampling of potential asbestos-containing materials and light ballast identification at the Foremost site near Quebec Avenue and 42nd Avenue North in New Hope, Minnesota. Asbestos Samplinq It is our understanding that the building is scheduled for demolition in the spring of 1997. Prior to demolition, the building must be surveyed for asbestos-containing materials, and any friable asbestos-containing materials must be identified and reported to the demolition contractor prior to general demolition. For the purposes of providing cost estimates, we requested that the contractors assume a total of 25 samples, and to also give unit costs should the amount of sampling be above or below 25 samples. The total cost of asbestos testing will only be known after the on-site work is completed. Liqht Ballast Identification It is possible that some of the fluorescent light fixtures contain ballasts containing PCB oils. As a part of the cost estimate, we asked the contractors to itemize and locate all light ballasts, and to provide a list of those fixtures that are known not to contain PCBs, and a list of those which may contain PCBs. For the purposes of proper disposal, any ballast which potentially contains PCBs will be disposed of as though is was known to contain PCBs. We have requested five bids for the testing, and have received the following responses from the companies: Company Angstrom Analytical, Inc. Legend Technical Services Environmental Property Audits Braun Intertec Applied Environmental Sciences Estimated Total Cost $650.00 $795.00 $795.00 $1,018.00 $1,110.00 Based on the bids we received, Northern Environmental recommends using Angstrom Analytical, Inc for the testing. This is based on the amount of their bid and past experience we understand that the City has had in dealing with this firm. Milwaukee o St. Paul o Green Bay If you have any questions regarding this information, please feel free to call us at 635-9100. Sincerely, Northern Environmental Technologies, Incorporated ~.s . Bergs om, CPG Director, Minnesota Operations DYB/njf c: Jerry Pertzsch, Bonestroo "1 FACSIMI~ TRANSMISSION 372 West County Road 0 New Brighton. MN 55112 1-612~100 Fax 1-612~~ Date: . 3: OUr project No. From: ~ Page (8) Transmitted: 11me: !;,:oo I,. .. Northern Environme~tal I Hydrologists. Engineers · Geologists bL~ ~IA ~ <:~ of ~ ~~, S~l::2r3tp Lee~ b,' t .: To: Address: Attention: Fax: Subject: RemarkS: ~ an-' ~ t<)tI'I\, ~U)o ~eJ ('n,..IA t-:t \r f)M ~ e"11-\d: ~\Jt'.;.ito~~. J: ~&"i ~..... L.-~~. R~ -rz..~ , J . -.:p-1"M1...., , -< Copy To: , Stgned:0~ ~~ - Note To Operator: Please deliver this facsimile transmission to the above adclressee(s), If you did not receive all of 1he pages in good condition. please advise sender at your eariiest convenience. Dank You l:00d 8l:6'ON 9El:Sl:ES ~ ln~d lS l~lN3WNO~I~N3 N~3H1~ON CS:Pl: ~6/9c/E0 MAR-17-1997 10:09 FROM 612 642 1150 3end Technical Services TO 6350643 P.01 LEGEND TECHNICAL SERVICES, INC. 775 Vandalia Street St. Paul, MN 55114 Fax Number 612/642-1239 FACSIMILE COVER SHEET The documentS accompanying this fax transmission may comain information from LEGEND, which is confidential and privi14ged. The inforrru:uion is imende4 jor the use of the individual or elUity to whom it is directed. 11 you are IUJt thi! intended recipit!nt,.p14a.se notify us !Jy telephone immtdi.a.tely. This message il; for the attention of: Q O~. ~ Receiving (Ek\X) number: to ,3 '5' - 0(0 c..f .3 This message is from: ~ ~a. Date: 3/ /7 /q7 Original Mailed: Yes No This message includes this cover sheet and contact us at 612/642-1150. I additional pages. If you receive less than this, please COMMENTS: 'K~ fn ~ ~ ?5 New ~ Il) ?:ORM GEN-024 (2i95) a3/13/S'? 1S:~i r-~'I " "3ena , l:'cnn ~ ca ~ ;::,erv 1 ces I U NORTl'ERI/ENVt~rr~ $T PAUL. ~ 6421239 , . ~...J r".t:U::'. I'~~ (-~':r.:H J.!:J. J.!:J ~ , .....J NO.774 P082 ~ r.~ l\'JI;'i I autJ(ASeEr:IlS't08_= "8TsurM!Y 42NO ~ flOR1)t . . ~ 14 , ! Honon!!lI'JlO City Oounoil City of New Hope ~4402 Xylon Avenue North ~New~, Mitmesota 55427 ~;,e Ml!JYI&7 ~ ~ ;eear CCUtlc:iJ Membetsz The ~ h3vlng~1he~~ ~ ofwottt. ~ fammar'Wlth.factors :and other conditiOns a{fec5ng the WOO. and eost therecS'. hereby pn:tpOSeS to fumish all labor, .tools, materiats~ skiUs, ~ and Qfi. else nec;e'5'aI'1 to compIGte the project in aclCiOI'dance ;with the at*~ cfe$aipticn Of work. ' , 'It. I ttem Hout1y : Rate ! ~. Mafy.sis Rate (Per~ .i'....n~) SWk Asbestos and Light Satfast Swvey $J../g;(P ,) a,(X) I I Aft ~effi01t~..,. ~I't unftc=tA. . ~ Total ccct ( ,te 25AOM samptes;) ! . The final amount of the conttact.. Ue cfetermtned by~ the final ~ ~ or the various items by the unit prfcea iltated, In s~ this btd'it 18 ~ that the owner ~ the tight to ~ject any and' ali bids and to waive itregulaIitjes and infonnafities therein and to awar4 the contntet in the be$t int~ of the owner. tt ~ uoderstood that t>ids may not be y;i~mwn for a period of 30 days after ~ date on th$ bid fcnn. . $!1CjS; 00 ~ Res~ SUbmitted. '~ . r fit. IZ y,- ...'; 9 &.oe /1 L EtEl5N b Ii C/fN At.. ~VJ'C:"eri:rAC: ~~Narilioofsro..... I .:2:75. VArllU!JL/A--'s'-r "" ~ 1;1. - ~4cJ -1/50 Address T.I~ No. Sf-PAUl... /Y]N $5//</ ...3//7/'11 City, SUte & Zip Cod ~ Cate ~ , . " ~00d 8']:6'ON TOTAL P ,l2l2 9~,]:S,]:~S ~ ln~d 15 l~lN3WNO~I~N3 N~3H1~ON CS:P']: ~6/9c/~0 83/13"'37 16:38 NOR' :-'4 EN\,; I RG".iMENTAL ST FA'..:L .:,. ;:23b6T' ~Ci. 7'7'7 P202 SULK ASBESTOS ANO UGHT;BAlLAST SURVEY 7526 42ND AVENUff NORTH NEW HOPE, M'NNi~SOT A Honorable City CounaJ City of New H~ 4402 Xylon Avenue North New Hope, MiMeso.. 55427 eisl ~ 03117/97 Dear ~ncil Members: Tile und9rsigneQ, having $tudied the attached ducrip#on of wock. b4i~ famiiaJ with all factors and otl'ler conditions 8ffeding the ~ and cost ther~f, hereby proposes to fumtsh an labor, tools. materials, skias, equipment and aU else necessary tQ comptete the ~ in ~anc:a 'With the attached Qe$CliptiQn of WClrk, Item Hourly Rat. (sampling) Analy$i$ Rat. (Per Safrli)le) ,-~ 6ulk A!b4tstO$ and LIght Sallast Survey $ '1~ 50 s 1?5. S;J All reporting effort $l",oU!d t>e ineluded in unit costs. Estimated Total Cost (estimate 25 ACM samples) s/qS / The finai 4iunount of ~ CQntraet shan be determined by mWti~ng the final ~ quaniliHis of the ~riou$ items by the unit prices stated In submittting this bid it Is understood th8t the owner retains the light to reject any IIna all bids and to waivIi'J irmgularitiu and informalities therein and to lilWard the contract in the best interests of the cwner. It is unc;ierstood that bids may no1 be withdrawn for a P'$fiOd of 30 days after the date on the bid form. Respectfully Submitted, ~ ';2 ~~~ e..,-p~ ~, TNG ~Mf:=.~--g.L)NPD.,~\..- . . Ptinted Name of ~ 1-'c.?l y.fkA.vt N. '3z..3~<.o100 Address TelePhone No. ~ NO \Lf.\ M rJ '5"5 -:)03 City, State i ZiP Code 3 -1'-/-97 Date Environmental Property Audits Inc. E.P .A.. Inc. 2701 4th .j,~ venue ~orth . .A,lJ.oka. IvIN 55303 '6" '''') ~rv" 6-nO (. 1..:. ~.1.j- / J FACSIMILE COVER SHEET Tille Sent 1',3) ep.m. Dare 8 I J 7 ! 97 I i I A ttD.: - -=:: Company Name: ~ 3S~O(~c;3 i Company: , ., I I Message From: Phone Numcer: 323-6700 .-,~., ;"',- :J 1..::J - oc i / II I. II II Ii II .1 II I' oj !I Ii il )' Me:ssa2:e: v I I 11 = - -:. Tills message includes this cover sheet and ~ addiclonal pages. Piease courace us if you do not receive all of the DageS indicaced. . , '-' 612 683 8888 M~jr ~C1G:; ..1.... ~. ~:. . 2 : 07 Fl'41 ,I' J,). .""'\-. No. 3~;1:j ~ r. BRAUN" INTERTEC Fax Transmittal To: Doug Bergstrom Company: Northern Environmental Fax Number: (612) 635-0643 From: Beet D. Berglund PhOne: 612-683-8841 Date: March 14, 1997 Number of Pages: (lnduda COvttl' page) 7 Comments: Estimated costs for Foremost building ()f:;' The infonnatlon contained in this facsimile message may be privileged and confidential. It is intended only for the use of the individual or entit)' to whom it is sent. If the recipient oj this transmittal is nor the intended recipient or an employee or agent responsible to deliver it to the intended recipient, aJ!'j dissemination, distribution or copying of this communication is strictly prohibited. lfyou have received this communication in error, please immediately notify us by telephone and return the original message to US at the address listed below via the United States Postal Service. Braun Intertec Corporation 1345 Northland Drive Mendota Heights, MN 55120-1141 Phone: (612) 683-8700 F~: 683-8888 ihdepl UhformJ! \Admin \:fax, \VI' ~i11 r, ~ 4, l'~:j , ~) . U:- '7 PM NOP F -' ,.. ~.. .:.. 612 683 8888 . iNTERTEC CO ~ ST ~ -+ s833SSf )T,.:ij 1 -: H:j: "//"1=a02 ","J, -..)...;....) "" c., ( ~ SULKASSIi.STOS NID LIGHT S/'-' t AST $UAVEY 1$2S A2ND A~TH NIiW ~ :fA ~ cay eounc:a CJty of New Hope 4402 Xyicn Avenue Ncrth New Hot:le. MinnMcta 55427 lid Due Q3/11197 Oaa.r Council Members: The undersigned. having ~ ~ attached ~ oI~ b$i.ng f'amili;af with :d ~ and ether condJticns ddng the work ancl cost th8(eOf\ hereby ~ tc furnish d Laber. tools, materiaJs. $kh, equipment and :IS a&se ~ to ~ 1M ~ In ~ with u'e attaehed descripticn of \'YOrk. Item Houly Rate (SampIin;) ~ Rate (Pw~) Bulk. Asbestos and UgJ'It BaJlast Survey $52.00 $ 22. OQ AU ~ effort $hOUki be ~ in unit QOSts. Esti~ Total ~ (~tifnste 25 ACM ~) $ 1018,00 -""'7 I Tha 'final amount of the ~ shall be ~ by~ the final ~ q~ of the variQl,lS items by the unn pric::es stated In s~ this bid it IS ~ d.t 1he owner retains the light to reject arry and aU bids and to wai~ ~es and informaiities tf1enM and to award the QQntract in the beat interests of the owner. It !s understood 'that ~ids may not ~ ~ ib!' Ii period of 30 c:mys after 1he dirttt on the bid form, ~ly Submitted, ~, -"iC~ ....:....., ~, Q Braun Intertec 1345 Northland Drive A~ Mendota Heiahts. MN 55J20 City, State & Zip COde Bret D. Berolund ~ Name of SlgMr 61 ?-nA1-Afi41 T$kt:pheM No. M~'I"c:b H 1997 O;te I 612 683 8888 :!1 a r. j ,! .~, n :"'; :~, .'~:j i r, O. '7,,11 t..: 1 l.t'm Dr INTER ,'" NO.3913 J 3/7 BRAUN~M INTERTEC 8focun InNnec: Cofpor<Irion 1 345 Northlcnd Drive Mendoto Heights, Mi!'l~ 55120.11.41 Q 12~3~ FQX: oS3-8Sas Enginlr~m and Sc:i~IlI;$~ $tm'ing Ih~ Svi!/I;lnd N<::/1Jrol Environment:;f March 14, 1997 Proposal No, CMXX-97-P0208 Mr. Doug Bergstrom Northern Environmental 372 West County Road D New Brightoll;. MN 55112 Dear Mr. Bergstrom: Re: Proposed Services and Cost Estimates, Asbestos Bwlding Material and PCB Light Ballast Survey for the Foremost Manufacturing Site Braun Intertec Corporation (Braun Intertec) is pleased to pr~ent this proposal to perform an asbestos building material and PCB light ballast survey. You requested a service outline and cost estimate in your fax dated March 13, 1997. for the proposed project at the Foremost Manufacturing site in New Hope, Minnesota. This proposal is broken down into three sections. . Scope of Services . Cost Estimates . General Information Scope of Services Braun Intertec proposes to perform a walk-through asbestos survey of each room and area at the Foremost Manufacturing building. The survey is performed by an industriil hygienist (ill) teclmician. The ill technician performs the following on-site services. " Observe and document suspect building materials in accessible areas. The following is te--...orded for each suspect material, - Condition, friability and visjble surface contamination _ Hazard rating is assigned with respect to the release of asbestos fibers into the ambient air - Estimate quantities for futUre response action cost projections o Collect samples of each suspect material. For example; floor coverings and adhesives, wall and ceiling plasters, suspended and acoustical ceiling tiles, sheetrock, thermal system insulation, textured ceiling material and fireproofing. 612 683 8888 Ma r. 14. 1 ::Lj i '!' rpp'M, ~ ' I. Ij _ .. BF INTERTEC No, :j:~13 f. 4,/7 Northern Environmental Proposal No. CMXX-97-P0208 March 14, 1997 Page 2 Sample collection is done in the following manner. - Building materials are wetted to minimize the poteDtial release of asbestos fibers. - Materials are placed in containers, sealed and labeled for proper identificatioD. - Exposed material is sealed with an encapsulant where applicable. ~ Submit a written report with the sample locations and analysis results, This report is submitted within two weeks from the date we finish the oD-site survey work, In addition to surveying the building for suspect ACBMs Braun Intertec will inventOry light fixture ballasts suspected of containing polychlorinated biphenyls (PCBs). A building survey requires our ill technicians be provided access to all rooms, closets, mechanical rooms, etc. Gaining access through walls, ceilings or other inaccessible areas is done only with your prior authorization. We also request that ladders or approved lift devices be provided for allowing access to all ceilings. Estimated Costs Our estimated. cost for performing the survey is $1,018.00 which is broken down as follows. . . :::,:~...:..::'..'. .... . . .mscrlPtiQn', .........u I : :":':cf.Oi{::: ..,';:::''; ::.>; Industrial Hygienist Technician (includes preparation, travel, site and repon time @ $52/hour) Bulk Analysis (based on 25 buJ.k asbestos samples @ 22/sample) Total 468.00 550.00 $1,018.00 Unit coStS for technician time, sample :malysis and are set costs. Other figures such as number of hours to perform the survey, number of samples, report time, etc., are estimated figures. Consequently, our estimated costs may be higher or lower depending on the acrual site conditions encountered. The total projected cost will nOt exceed 10 percent without additional authorization. 612 683 8888 l~ia r, 14. 1 ~~97 2: 08Plvf '-Ii ;,;~ INTERTEC _.. No, 3913' 5/7 Northern Environmental Proposal No. CMXX-97-P0208 March 14, 199'7 Page 3 General All cost estimates, as stated, will remain in effect for 60 days after the proposal date. Terms for payment of services are net 30 days with interest added to unpaid balances according to the attached General Conditions (2/1196). A four-day advance notice will allow us to preschedule the survey work.. This proposal is submitted in duplicate, Please sign the photocopy and return it authorizing Braun Intertec to proceed according to our proposed services and costs. A copy of our Braun InterteC brochure, Braun Intenec mini brochure, asbestos capability sheet, TEM capability sheet, client reference list and resumes of key personnel are also enclosed. We look forward to working with you. If you have questions or if we can be of further help, please call me at (612) 683-3841. Sincerely, ~~Q Senior En.... ironmental Specialist Enclosure: General Conditions (2/1/96) Please proceed according to the above-stated terms. Date Client Name Authorizer's Name (printed) Authorizer's Signature Title Kj\n;\(~9i\mk:tg\pO'ZOO\p02O&--Ol.l1rpd 11a r, ~~, 1997 .. :..J';' , -i _ ' '.' '..i BRAUNSM INTERTEC Our agreement ",ith you consisLS of these C-eneral Conditions and the accompanying wriUt'll propQSal at authorizarion. 5<<tion 1: Our Responsibilities 1.1 We will pro'ride the professional servjc~ de.scribed in our writt.cn agree. ment with you. We will provide you with written reports containing professio!lll1 opiniO.tlS aDd I'el';ommendations. In performing our services, we will use llw degree of care and skill ordinlll'ily exercised under si.mi.iar circu.mstan~ by reputable members of our profession practicing in the same loc.ality. 1.2 Our work .....ill be ronducted using appropriate procedures and ptotDCols. If you diret;t IJS to deviate from our recom- mended pro;:ed~, you agree [Q hold us harmless from all claims. dam.ages, anr.i e;~:peDses arising our of your di.nocrion, 1.3 There is an inherent risk that samples or observations may not be representative of things llot sampled or :;.:en <l.rId. funher, that conditions may change over time. We will referen~ our field observations and sampling to available reference poinlS. We will not $~ey, se<.... or check the at:<cunu::y of those points Wlles-S we xcept that duty in wtitin g. 1.4 Our duties do not include supervising your COlltrnCtor.! or cOlIU1ll:nti og on. overseeing, Of providing the mc:ulS and methods of their work, unless we accept those dnties in writing, We will tlOt be respol1Sible fot the i:illw.-e of your comractors to perfonn in accordance with their undertaki.ngs, :wd the providing of our services will not ~lieve others of their respoo.sibilitics to you or to others. 1.5 W>; will provide a health md safety program for our employe-"~. but we: \\!ill not be rc:sponsible for conttac~. job. or site hecltb or ~ l1llless we accept Ulllt duty in wriri.c.&- 612 683 8888 "'; F:P N c. i!] I") -.) v:' ,.) p, General Conditions Sedion 2: Your iB5pcnsibiJiJies 2.1 You will provide ~esS to the site. We will use reasonable care to m.ini.mize damage to t:he site. In the rourse of our work some site damage is normal even when due care is e,~~. We have not included me cost of resroration or normal damage in the estimated charges, At your option and expense. we will co~ normal damage. We agree to be respon- sible for d.amage that is causCl:i by our negligence. 2.2 You agree to provide us. in a timely manner. with the i."IformaIion thaI you have l'!:garding buried objects located a[ the slte. Until we have completed our field work, you agree to previde us with all your plans, changes in tlla.os, and new information thnr refer to site conditions. You agree to hold us harmJess from all clain".s. dMrlages. losses. md related. ;xpea.~ involving imried objects of which you had knowlCl:ige bur did not timely call to our attention or COIT".,.l,.'tly show on the plans furnished to us. ;W You will be responsible for the cooperation of your employees and your COlltr:lCtOl'S in obser.ing all radlllrion safety stanel;mls after we notify you that radiographic: or garam.a ray equipment or oIhM ouclear testing or measuring devices are to be employed by us. 2.4 You will QOtify us of any knowledge or suspicion or the presence of hWtdous materials in $lllnpies provided to US. You will provide us with informMioll in your possessioll or controll'!:Jating 10 contami- llation at the site. Ii we observe or suspect the presence of contamlnallls not anticipared in our agreemelll. we may tc:mlin.are our work without liability to you or others, and we will be paid for the: services we have provided.. 2.3 Neither this agmlIDeIlt nOr the providing of services will operate to make us m O~. opetatOr, generarot, tranS- porter. treater, storer, or a dispQsa1 facility within the meaning of the Resoun::e Conservarion Recovc::ry Act, as amended, or witbin the meaning of any other law governing the h3ndling, tteannent, storage. 01' disposal of lw:ardous materials. You agree [0 hold us harmless md indemnify us from any such c1.aim or loss. 2..6 Dril~, well instal.larion, and reme.diation servi~ may involve risk of C1'Qss--co"rnmiTllloon of pxmously uncontallliJ:lared Bit. soil, and water. If you are req uesti.ng that we provide services that. include this risk. you agree to hold l,I8 harmless and i.ndetmUfy us from cross.' contamination claims and damages, unless the 10$$ is caused by our negligence. 2.7 You ~ to mak:c disclosures requited by law. In the event you. do not own the site. you aclmowledge that it is your duty to infoon the owne;- of the discovery or release of contaminants at the site. You agr>;e to hold US h.atm1ess and indemnify us from all claims related to disclosures made by us thal: are I'l:l:luiJ"t;d by law and from all claim.s re]a1e(i to the informing or failw:l: to inform the site owner of the discovery of conwninants. Sadion 3: Reporls cmd RlIc~ 3.1 We will furnish reportS to you in duplicate. We will retain analytical datil for seven years and finapcial dAta for three years relating to the: scrvice.$ performed. 3.2 i\ll samples remaining after teSts are conducted and field and laborarory equipment that cannot be adequately cleansed of contaminantS are your property_ 'They will be diseatded or rc:turned to you.. at our diSCTetion. unless within 15 days of the report da1l: you give 1tfar, 14, 19lj7 -. -1I ~ -: j~ Bf written di:rccUOQ to stOre or transfc:r me materials, ar your expense. 3.3 Our fC:pQItS, noteS, C<llculations, and other documents are iustr\.l1PflllS of our service to you.. Our reportS are for you, use only for thl: pUl"pQses disclosed to us. You may nor cransier our reportS to others or use them fIX a purpose for which they were not prepam:i withotJt ()Ur wriaen approval, which will Dot be \l.Ilreasonably withheld. At your IT:quesr. we will provide eodol'S!:Jl1Cnts of our reportS or letters of relinnce, but only if the ~ienlS agree to ~ bound by me termS of our agreement and only if we are paid the adntinistrative fee Stated in our then C1JlI?:nt SGhedule Of Charges. 3.4 If you do not pay for our services 3.5 agreed, we may retain all ~ and work not yet delivered to you and all reports and other work: in your possession must be returned to us- Repo!'LS and other work may not be use.d by YO'J for any purpose whatsoever until they are pakI for in full. Sedion 4: ~ 4.1 You will pay for services as <l.gr-..ed upon or ~otding to our then C=l1t Schedule of Charges if there is no otbr wriuen agreement 3.5 to price, An estimatl:d cOst is !lOt a firm figure unless stated as such. 4.2 You will noQIy US or billing disputes within 15 days, You will pay all undis- puted portions of invoices on !'I:tc:ilJt. You agree to pay i.nter-.st on unpaid baI~ces beginning 30 days aiie:' invoice dates at me rate of 1..5% per month, but not to exceed the iIllWIDum rare allowed by law. 4.3 If you <fuect us to invoice another. we will do sa. but you agm: to be responsible for our compensation i.l.llless you provide us wiIh mat person's wriJ:t.el1 acceplatlce or all r.erras or our agreement and we extend credit. 4.4 You agree to ColU~ us for our ~Ie fees and expenses if we are required to respond to ie~ process arising out of a proceeding :lS to which we are not ;l party. 4.S If we are delayed by factors beyond our conlIol. or if proj<<t conditions or the ~cope or amount of work cbnnge, or if the ,1:mdards or methods change. we will give you ti.mely notice: a.nd we 'Kill !':Ceive an equitable adjustment of our CQ~on. 612 683 8888 INTERTEC COF;? $edic:m S: Displ./tln, l)omoge am:J Risk Allocation 5.1 Disputes will be submitted to Alternative Dispute Resolution (ADR) as a condition precedent to litigation. Each of us will e.,;rn;ise good faith efforts to resolve disputes through a mutually acceptable ADR procedure. Coll~tions will not be submitted to .~R. All dlspultS will be governed by the law of the stAle in which our ~cin8 office is located. 5.2 We will not be liable tor special, incidental, consequential. or punitive damages, incluc:ling but !lOt limited to tbo.se arising from d.e1ay, 10s5 of use, loss of profits or reVerlue, loss of financing comminnems or fees. or the COSt of ca.pitaL 5.3 We will not be liable for damages unless suit is commenced wit:hi..n two years of me date of injury or loss or within iwO years of the date: of r.he completion of our services, whichever is earlier. We will not be liable unless you have notified us of the ~overy of the claimed breach or contract. negligent act. or omission within 30 days of the date of discover)' and unless you have given US an opportwrity to investigate and to recommend ways of mitigating damages. 5.4 For you to obtain the: benefit of a fee which includes 0. reasonable allowance for risks, you ~e that our aggregate liability will not exceed the fee paid for out' ser-.1ces Of 550,000, whic!'lever is greater. 1l.lld you agree to indemnify US from all liabiiJl)' to others in eXcess of that amount. If you art; unwilling to ac~pt this allocation of risk.. we will increase our aggregate liability to S 100,((1() provided that.. within 10 days of the date of this agreemenr.. you provide payme:nt in an amount which will illcrense our fees by .l 0%, hUt not less than 5500, to compen.- sate us fur \he gre:lter risk undertll.kc:n. This increased fee is OOt the purchase of in.sunmce:. Your check should be forwarded to the Law Department at P.O. Box 39108, Minneapolis, MN 55439-0108. and refer to our proposal or project number. 5.5 If you fail to pay uS within 60 days following il'lvoice date. we may consider the default a \.Ow breach of our agm::ment and. ill our option, temtinare all of our duties without liability to you or to others. No,3913 j) 7 , . 5,6 If we an: involved in legal action to collect our compensation, you agree to pay our collection expenses, including reasol'lJlble attorney fees. If you make a clAim against us tha.t is resolved in our favor, you will reimburse: Our 00$[$ of defense, including but not limited to reasot1able attorney and expert wi.lness fees. S~ 6: Genercllndem,,~ 6.1 We will indemnify and hold you harmless from and against delIWlds, damages, and expenses caused by our nepigrnt actS and omissions. 1I.lld bn:ach or coottact and those actS, omissions, and breaches of persons for woom we are legally ~DSible. You will indemnify aM hold us lwmless from and against demands, dam~, and expenses caused by yournegligelU acts and omissions. and breach of contraCt apd those acts, Ql'lli.s.sjons, and breaches ofperS(TQ$ for whom you are legally responsible. 6.2 To the extent that may be necessaxy to indemnify eit:her of us under Section 6.1, you :l.lld we expressly waive, in fuv01' or the other only. llllY immunity or exemption from liabiliIy that exists under any work.e:r compensation law. Sec:hon 7: ~~ 7.1 We will provide acertificare or insurance to you upon request. i..2 'fhis agreement is our ~tire agree- ment, and it sup.med~ all prior agree- mentS. It may be modified only in writing tl:la!dng specific reference to the provision modified. i.3 Neither of us will assi go r.his a~l:llt without: the wriwm approval of the Other. but we may subcontraCt work as we d<<m necessary, 7,4 This a~ may be tem:rinated by a writing. We will receive an equitable adjtlstmem of our compensation. 7.s It is cusromary for the consultam that provides dl:sign recommendarions tD be retained to provide obsl:rvation and rela1ed ser-.ices during constnlCtion or temedia. tion work. Ii we are not mained to provide continuing sen'ices.. you agree to hold US harm.less from all claims. losses. and expenses arising out of any interpretations. clarifications, sUOsututions. or modifica- tions of our work provided by you or others. Rcvisel:i 2-1-96 03/17/1997 11:59 512545r 6125457883 AES PAGE 02 03/13/97 16:28 r~ORTHERN E'.IU 1 RONt'lEt'IT~L ST PHUL "-5457883 NO . 776 P002 SULK ASBeSTOS AND UGHT,B,4.1 I ~ST SURvey 7526 42ND AVENUE NORTH New HOP!!. MINNf!SOTA Honorable City COuncil City of New Hope 4402 Xylon Avenue North New Hope, Minne$ota 55421 e,jd Due 03117/97 De.r~undIM~e~: Tn. unde~lgned, having studied the attached description of WQri(, being familiar with all factors and other condaions affecting the work and cost the~~f, hereby propo$es to furnish aH labot, tools, materials, SKill$, equipment and all else neeess.,uy to complete the project in aeeord;nce with the attached description of work. Item Hourly ~te (Sampling) Analysis Rllte (Per Sam~) .J':' Bulk Asbestos and Ught Ballast Survey $ t./r $ JS- All reporting effort should be U1QlJded in unit costs. I!e.timated Total Cost (estimate 25 ACM sampku;) $ /,1/10 The final amount of the contract shall be determined by multiplying th. final measured qU{jl1tities of the various items by the unit pri~s stated. In submit1ing this bid it is unders.tood that the owner retains the right to rejec1 any and all bid$ and to waive irregularities and infotmCillitio$ tMrein and to award the contract in the best interests of the owner. It is understood that bids may.not be withdr.awn for a PE:liod of 30 days after the date on tM bid form. Respectfully Submitted, ;JIIL~ [0 V;~fk4 ( ~/"ld~/ s{)7~ I ~a'l"> ~-fa. BlvD ddress ~)r;, ~sl$te);~:~de ~~~~~~~ ~t:fS' -5'S'"/o Telephone No. "3 jj7/97 Date / 03/17/1997 11:59 5125457 6125457883 AES PAGE 01 FAX COVER SHEET APPLIED ENVIRONMENTAL SCIENCES, INC, 5075 Wayzata Boulevard, Suite 285 Minneapolis, MN 55416 612.545-5510. 800.626-8089. To: Q..;,,,, l5.vylv,... Company: Nod"'..,,", t~v. From: .:T!"7 U...r:r..... Pages (including cover): ;;, Date: 1 /17/q 7 Subject: _ {).r~t,.,.J d Q Message: CONFIDENTIAL NOTICE,' This fax transmission is intended on/yfor the addressee named above. it cont.a.ins iriformation which is privileged. confidential or otherwise protected from use and disclosure. If you are not the intended recipient. you are hereby norijied that any review, disclosure, copying or dissemination of this rransmission, or the takin.g of any action in reliance oj its contents, or other use is strictly prohibited. If you lulve received this fax ill error, please notify us at 612.545-5510 or 80o-6:26-80H9 imnudilltely. Thank you. Faxed To: (O-)5-oroY~ (C-2.10196) AES FAX # 612-545-7883 ))00 lrLj:J 59 S bul.CJ 4401 Xylon Avenue North New Hope, Minnesota 55428.4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOO: 612.531.5109 City Hall Fax: 612-531-5136 Police Fax: 612-531.5174 Public Works Fax: 612.533-7650 Fire Oep't. Fax: 612.531-5175 March 27, 1997 Bergerson-Caswell, Inc, Attn: Robert Caho 5115 Industrial Street Maple Plain, MN 55359 Subject: Well Abandonment!Sealing at 7528 42nd Avenue North in New Hope Dear Mr. Caho: Thank you for submitting a quote on the above referenced project. Northern Environmental Technologies solicited quotes for the work on behalf of the City of New Hope. Listed below are the quotes received: Company Agassiz Environmental Systems Bergerson - Caswell, Inc. Boart Longyear Traut Hydro-Tech Bid for Well Abandonment $500.00 $900.00 $900.00 $960.00 The City Council awarded the bid to the low bidder, Agassiz Environmental Systems. Again, thank you for submitting a quote. The City will keep your firm's name on file for future quotes on well abandonment!sealing work. Sincerely, --_0 ',\\'" ~ l>~.A (~ ~~~.-\ \'~'-'~-' Kirk McDonald Management Assistant! Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Jerry Pertzsch, Bonestroo & Associates Doug Sandstad, Building Official Valerie Leone, City Clerk (Improvement Project No. 595) Doug Bergstrom, Northern Environmental Family Styled City iiJO~ For Family Living i.V\) hi\ Additional names/addresses for monitoring well abandonment letter: Boart Longyear Attn: Rick Q'Gorman 6300 Industry Avenue NW Ramsey, MN 55303 Traut Hydro-Tech Attn: Les Wille 141 28th Avenue South Waite Park, MN 56387 l'lAR 13 ~. 97- - i 0: 57AM 'BEF 612 4792183 30N" CASWELL I i. .....1_ ':" I :--1-'~.iL ~ .,,! ':':1 :. 1. - -~2~..., '1_.,. ..... '::'l:)ll.~: MONITORING WELL ABAjNOONMENT 7526 42NO AVENUEiNORTH NEW HOPe, MlNNeJsOT A rable City Council of New Hope Xylon Avenue North Hope, Minnesota 55427 Sid Que 03l17J9'{ De Council Memt;:lers: undersigned, being familiar with the subject stte and local c<>nditions, having studied the /'led description of wot'X, being familiar with all factors and other conditions affeding the and cost tMt'$Of, hereby proposes to furnish alllabOf, tools, materials, $~lfs, equipment and se necessary to complete the project in accofdano} with the attac.l)ed deScription of work. Number of! Unit Totar lte Unit Units Cost Cost ~ ~:v.r oring Well $ q 00, 0 0 onment 1 4 $~;t5,oo Total Bid $ 900,00 The nal amount of the contract shall be detennined by.multipfying the final measured quantities of th vanous items by the unit prices stated. In SUbmitting this bid it is understoOd thQt the owner (eta! s the right to reject any and all bids and to waive jl'Tegularit~s and informalities therein and to a rd the contract in the best interests of the owner. It is, derstood that bids may not be withdrawn for a peMod of 30 days after the date on the bfd fonn Respectfully Submitteo, Y<M~ ~ 13000~e:&.~N CA-~W€?L. /2.0 8al 0. CA ttn Printed Name of Signer o P e1<-.+ f/~AJ M A--A,) A-&.~ 4-1 q- 3/-;2...( Telephone No. 3LIE'/Q1 Dcde I S 1/5 ~~O ~S71?..t I't' L sr,e.ar Addr&ss klkPLf: PU/1mrJ ~5369 City, State Zjp Code .., ~~-"'&ft.... .m MAR 13 '97 10:57AM BEF 612 4792183 SON CASWELL P.l Commercial . Municipal . Residential Submer.>ible &: Turbine Pumps ETlvironmental Drillers /\ I \ !\~ I;f.. ~~~, ~,,-~\ Il~~:J;~ !~ ~\ / ....,':l"fV' \ BERGERSON::: CASWELL INC. ~ll Drilling, Abandonment & Repair Since 1948 FAX TRA1~SMISSION Ctr1ified ~ Dri1krs C~r:ijit:d J>-JRlp Jristalkrs ATTN: FROM: DATE: CO ~~ ~~~ vf~ 3.//3/91 I I "TS: FAX#: FILE #: I Numbe.:r f sheets sent including cover sheet: (j:\M~'tt;fs\F .2.\l'~ ;;1-- 'PhCl1e Nn. (6;"';') :i7~3 J:ll~p.: Z"h,. ((112) .~79~218:. t'>:::jR. 17. 1997 10: 06Ai'1 BOART LONGYEAR "~/l..:i/:::<'( 10: G~ NORTHI::M'~' I::.NVlr<UNMc.NTAL ST PAUL"" 4277508 NO.670 P.2 NO . "(~4 P002 MONITORING WELl. ~NMENT 7$26 -UNO AVENUE ~~ORn; NEW HOPE, MIN~TA Honorab4e City Council City of New Hope 440.2 Xylon Avenue North New Hope, Mmnesota 55427 Bid Due 03117/97 Cear Council Members: The undersigned, being familiar with the subjed site anc) loeal conditions, having studied the attached description of work, being familiar with an faeto;rs and other conditions affecting the work and cost thereof, hereby pro~ses to furnish QlIlal:>of, tools. mat;rial$, $kills, tilCIuipm~nt and all else necessary tc complete the projed in accordanc;el with the attad1ed d~ption of work. Number of! Unit Total Item Unit Units Cost cost - - - Monitoring Well Abandonment 1 4 $ 225 $ 900.00 Total Bid $ 900.00 The final amount of the contraet shaft be determined by mUltiplying the final measured quantities of the various items by the unit prices stated. In submittmQ this bid rt is understood that the owner retains the right to reject any and all hidS and to waive irregularities and informalities therein and to award the contract in the best interests of the owner. 11 is understood that hids may not be withdrawn for a period of 30 days after the date on the bid form, 6300 Industry Ave NW ...... Address ~8;L--- Rick 0 t Gor.man Printed Name of Signer 612-421-9270 Telephone No. Respeetti.J11y Submitted, ~ , Boart Longyear Ramsev. MN 55303 City I St* 8. Zip Code 3~17-q7 Oate '\ al\""" --i"IIO.1\SA&'.230G'Ii3\WIA I "'.........1) MP~.17.1997 10:05AM BOART LONGYEAR NO.670 P.i l30art l.ongyear Company environmental Drilling Division 6300 Industry Avenue, N.W. Ramsey, Minnesota 55303 USA Teleohone: 6' 2-421-9270 · 600-236-396S Fax:' 612-427-7508 Fax Messa~.... BOAIrf I.ONGYlAR CON'tRACrlNG SERVICES GROUP To; A':j ..6'e- H.j S ~ ""'- Page: ~ of 2.- Company: ~a-:I--'~~ MJ//~~A?u.vT"kfi..- Fax Number: to '3. ~ - O~ If '3 From:~~L Lfj~.....,/.Y'} ~ DatelTime Sent: 3-/1-'1/ '1:CTCI f.\-~ ...,..,..,." ,.,... ......... ........,.... ,........... ..... ..1~~...;...........,..,. ,.. ....... ...,....,. ...... ,..", ................,.... ,...,...,.., ,......" '.,. ........ ..~.....1 S,..~.~-~,t:..". ...& ,!,~.... ....... !.f,O. ,~.... ....&.fE,t/.,J.,.,.l!J::S :r.:.~.,},....... .m..... .....................-_.......................................-..-----..............................-.....................................--................................ 1/); .s; u.................u........~.~.....~cr ..............u........................... ......,...,.................,.",..... ....... ..._./~.. ...~ . ,... .... ......",.... ...,. .",.... c.... ..........,..."",......'".... .......,...... "..................................................__.....................................................,......................4..'.....,.",......................... ..........................................................,...,.............................................................................................,..,......... .".......,.................................................................................................................................,........,................... ..........,.......................................................................................................,..........................,.,............."............ ,..................,.........................................,..,......,................................................................,.................................. ,.........,...............................................................,.............-................................................................................ ....,.,..................................................................................................................................................,............... . .... . . . ... ... . . . . . . . . . . .... .. . . .. .. . . . ....- - "-'" ...., . . ., . . . . . . .. . , .. . ... . ..... . .. . .... . . . . .. . . . ..... . ~.. . ..... . . .... . . ,.... . . . . . . .. . . . . .... . . . . . . . . . , . . . . . . . . . ......... . , . . . ~. ~. . . . .... . . . . .. . . . . . ... .. . . . . ............ ... .... . . .... . . . ......... . .. . .. .... . .. . f.... . ......... .. ... . . ... . . . .... ..' . ...... . . ... .. . . . . . . '" . . . . .. . . . ....... . . ... .. . . ... .. ... . .... . ... ........ ...... . . . . . ..... ..... ...... ....... ... . I . . .... . . . ... .' ........................................................ ~ ~ ~. ~. ...... . . . . . . . .. . . . .. .. .. ........ .. , . ...... . . . . . . ....... . . . ..... . .. ~ ~ . . . ........ .... ... .... .. ..... ............ . .. ..:.. .... """.'. .... .... .. .... .. .... ...... . . .. ....... .. . .. . .. . . .., ... . . . ~ .. .. .. ...... .... . .. . .. .. . . . . ... . . . . . . . . . .......... . .. .., .. . I . .. ........, . .... . ........... . . .. . . .. ....... ... . ... . ... . .. . .... . ........ .... ~. ..... -". . .. '.' . . . . .. . .. . ... ..... . . . . . . . .. .. .. .... . . ...... ............ ...... ..... ............. ............ ..... .... ........ ......~.. ,..... .... ........ .~.. ...... ......... ........ ....... .......... ......... ... ............ .~..~~. .... .....~.. ..~..... ........... .........~.............. ...... ...... ........ ........0..... .... '" ...... ...... ...... .......... .......... ...-.., .............. ........~.~. ...~.. 03/14/97 10:23 FAX 612 612 259 0594 0594TRAul ~ELLS INC I4J 002/002 ro.....13/"97 15:00 NORTHERN ENJ I RONMENTRL ST PAUL .,. 13202590594 NO. 764 P0f!2 MONITORING WELL ~;nxmMENT 7528 42ND AveNUE ~RTH NEW HOPE. MlNNE~TA Honorable City Council City of New Hope 4402 Xylon Avenue North New Hope. Mlnoesota 55427 eid Due 03117197 Dear Council Members: The undersigned, being famHiat with the subject site ~ I~ COf'lditions, having $b.K:lied the attached description of work, being familiar with all fadc:.H'S and other conditions affeding the work and cost thereof, hereby proposes to furnish aU la~r, toolo$, materials, skills. equipment and alt else ne<::essary to complete the project in aceo~e with the attached description of woOC Number of Unit Total Item Unit Units Cost Cost ... Monitoring Well 240.00 960.00 Abandonment "I 4 $ $ Total Bid $ 960.00 The final amount Of the contract shall be determined b~l multiplying the final measured quantities of the various items by the unit prices stated. In subm~ng this bid it. is understood that the ~ retains the right to reject any and aU bids and to waive jrregulan1ies and informalities ~ and to award the contract in the best interests of the owner:'. It is understood that bids may not be withdrawn for a p.eriod of 30 days after the date on the bid form. Respectf1J1ty Submitted, c4 vJfl 141 28th Ave So. Address Waite Park MN 56387 ~t ~e&~pQxW Les Hille Printed Name of Signet 320-251-5090 Telephone No. 3-14-97 Dat~ ~#'Y. "-FIilO..J\SAA.\a3OCG2\W- . -........00 "",' ,....c..-....... J,"._ ...,.. . .. .:'1-.;:...... . 03/13/97 16:04 TXjRX NO.2397 P.002 . 612 259 0594 03/14/97 10:23 F~1 612 1 0594 TRAUT WELLS I~C u: I ! 1 I I l (320)251-5090 FAX (320)259-0594 (800)728-5091 I 11111111II1111111111I1 . iUJ :.j I '~ . '~-~-1' , LL I4J 001/002 .. Traut HYDRO-TECH TO: ~{),t 1<'7 0Spj'-~~+V c"....'- I I FROM: TF..~ Wll,IF TRAUT HYDRO-TECH PIL (320)251-5090 .!tAX (32u)239-o:)94 DATE.: "b-l..}-Y"1 FAX No.: fc,i2 0.JJf?' (j&,t/:5 PAGE: TOTAL: 7. COMMENTS: ~':::/1 i: Y/JL) CONTACT IN CASE OF PROBLEMS: dfl ,.. CA}, . 151 - 7'2ND AVE S ST CLOUD MN 58301 Northern Environmental" Hydrologists, Engineers' Geologists 372 West County Road D New Brighton, MN 55112 Fax 1-612-635,0643 1-612-635-9100 1-800-776-7169 March 18, 1997 (BRA210663) Mr. Kirk McDonald City Of New Hope 4401 Xylon Avenue New Hope, Minnesota 55428 RE: Estimated Costs for Abandonment of Foremost Monitoring Wells, New Hope, Minnesota Dear Mr. McDonald: At the request of Jerry Pertzsch of Bonestroo, Northern Environmental is pleased to provide cost estimates for oversight of the abandonment of four monitoring wells at the Foremost site near Quebec Avenue and 42nd Avenue North in New Hope, Minnesota. The list below provides a list of estimated costs. Well Abandonment It is our understanding that the investigation and cleanup of contamination at the site is completed, and that the Minnesota Pollution Control Agency has granted site closure. We have no specific records of well construction but for the purposes of requesting abandonment bids, we assume that each well is 20 feet deep and is constructed of 2" black iron casing with 10 feet of 2" stainless steel screen. Further, we understand that the City will take responsibility for properly disposing of any bumper posts and Protops associated with the wells, We have requested four bids for the abandonment of the four monitoring wells at the site, and have received the following responses from the drilling companies: Company Agassiz Environmental Systems Bergerson - Caswell Inc. Boart Longyear Traut Hydro-Tech Bid for well abandonment $500.00 $900.00 $900.00 $960.00 Based on the bids we received, Northern Environmental recommends using Agassiz Environmental Systems for the abandonment of the wells. This is based on the amount of their bid and past experience we have had in dealing with this firm. Milwaukee o St. Paul o Green Bay If you have any questions regarding this information, please feel free to call us at 635-9100. Sincerely, Northern Environmental Technologies, Incorporated 11?/Z~ Mark Janovec Hydrogeologist ~#- Douglas J. Bergstrom, CPG Director, Minnesota Operations MT J/njf c: Jerry Pertzsch, Bonestroo COUNCIL ~m~ 00 - REQUEST FOR ACTION 5-12-97 .A1!enda Section Development & Planning Item No. S,S Originating Department City Manager Approved for Agenda By: Kirk McDonald Management Assistant By: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITION OF CITY-OWNED BUILDING AT 7528 42ND AVENUE AND AUTHORIZING ADVERTISEMENT FOR BIDS (IMPROVEMENT PROJECT NO. 595) City staff have been coordinating with the City Engineer on the preparation of plans and specifications for the demolition of the City-owned industrial building at 7528 42nd Avenue. The attached resolution approves the plans and specifications and authorizes advertisement for bids. Bids would be opened on June 5 and the results would be presented to the Council on June 9. As you are aware, the City acquired the building from Foremost, Inc. several years ago and recently leased the building to Phoenix Manufacturing. The lease with Phoenix Manufacturing expired after the first of the year and they vacated the building. Earlier this spring, the Council approved the sealing of wells on the property and an environmental survey of the site. All work has been completed and the building is ready for demolition. The long-term goal of the City is to rezone this and adjacent properties from industrial to commercial use and to redevelop the site, The plans and specifications call for demolition and removal of the existing structure and its materials, Site restoration will include topsoil borrow and seeding. The plans call for the removallreplacement of approximately 90 lineal feet of curb along Quebec Avenue North. The plan includes alternates for the construction of two different sized parking lots, which would provide parking for 28 and 89 parking stalls, respectively. Both plans assume a temporary design, which includes a 6-inch thick bituminous surface. Concrete Curb is not included. The large parking lot design assumes that a new storm sewer system (catch basins/25-foot pipe) would collect storm water runoff while the small parking lot design assumes overland drainage. The large parking lot design assumes two access points (42nd Avenue and Quebec Avenue) while the small parking lot assumes one access (Quebec Avenue). The construction cost estimate for each parking lot design is as follows: Parking Lot - 89 stalls $43,750.00 Parking Lot - 28 stalls $17,100.00 TO: (il/f ILl!i - / ((L{i.1/~IL /;-1. ~7 "" ? /'1/7/) L; ,- ;!lJ SECOND BY (tc i . l{..di:J.-c ;/~ MOTION BY Review: Administration: Finance: RFA-OOl Request for Action Page 2 5-12-97 Staff has included the alternates only for bidding purposes and assumes the lots would not be constructed unless an agreement was reached with a neighboring business to finance the construction of the temporary lots. Staff and the City Engineer have several minor changes that need to be incorporated into the plans and specifications, but are requesting Council approval of the plans and specifications at this time so bidding can be advertised. The demolition will be financed with 42nd Avenue Redevelopment Tax Increment Financing funds. The enclosed resolution approves the plans and specifications and authorizes bidding, Staff recommends approval of the resolution. CITY OF NEW HOPE RESOLUTION NO. 97- 83 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITION OF CITY-OWNED BUILDING AT 7528 42ND AVENUE NORTH AND AUTHORIZING ADVERTISEMENT FOR BIDS (IMPROVEMENT PROJECT NO. 595) WHEREAS, the City-owned building at 7528 42nd Avenue was acquired for redevelopment purposes and the City Engineer has prepared plans and specifications for the demolition of the above referenced building; and WHEREAS, said demolition plans and specifications include several alternates for the construction of a temporary parking lot on the property; and WHEREAS, the City Engineer has presented the plans and specifications, including the alternates, to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of New Hope, Minnesota: 1. Such plans and specifications are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 10 days, shall specify the work to be done, shall state that bids will be opened at 11 :30 a.m. on Thursday, June 5, 1997, in the City Council Chambers of the New Hope City Hall, and will be considered by the City Council at the June 9, 1997, City Council meeting at 7:00 p.m. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for five percent (5%) of the amount of such bid. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 12th day of May, 1997. #h#~ Mayor Attest: ~U(~hu... City Clerk Bonestroo Rosene AnderW< & Associates Bonestroo, Rosene, Ander/if.: and Associates. Inc. is an Affirmative Acriof1,,/Equal Opportunity Employer Principals: Otto G. Bonestfoo, FE. . Joseph C. AnderJJk. P.E. . Marvin L. Sorvala. P.E. . Richard E. Turner, RE. . Glenn R. Cook, P.E. . Thomas E. Noyes. P.E. . Robert G. Schunicht. P.E. . Jerry A. Bourdon. FE. . Robert \Y/. Rosene, r.E. and Susan M. Eberlin. C.P.A., Senior Consultants Associate Principals: Howard A, Sanford, P.E. . Keith A. Gordon, RE. . Robert R. Pfefferle, P.E. . Richard \J/. Foster. P.E. . David O. Loskota, r.E. . Robert C. Russek, A.LA. . JVlark A. Hanson. P.E. . Michael T. Rautmann, r.E. . Ted K.Field, FE. . Kenneth P. Anderson. P.E. . Mark R. Rolfs. P.E. . Sidney P. Williamson, P.E., L.S. ' Robert F. Kotsmith Onices: St. Paul, Rochester, \Villmar and St. Cloud. MN . Mequon, \VI Engineers & Architects MEMO TO: Kirk McDonald FROM: Mark Hanson DATE: May 6, 1997 SUBJECT: Foremost Building Demolition Parking Lot Alternatives City Project No. 595 Our File No. 34205 Attached are two cost estimates to construct two different size parking lots after the Foremost building is demolished at 7528 - 42nd Avenue. The two parking lot sizes are based on providing 89 parking stalls and 28 parking stalls. The two layouts are attached. Both layouts assume a temporary design, which includes 6-inch thick gravel base and 2-inch thick bituminous surface. Concrete curb is not included. The large parking lot design assumes that a new storm sewer system (catch basins / 25-foot pipe) would collect storm water runoff while the small parking lot design assumes overland drainage. The large parking lot design assumes two access points (42nd Avenue and Quebec Avenue) while the small parking lot assumes one access (Quebec Avenue). The construction cost estimate for each parking lot design is shown below. Parking Lot - 89 stalls Parking Lot - 28 stalls $ 43,750.00 $ 17,100.00 2335 West Highway 36 I!I St. Paul, MN 55113-3898 I!I 612-636-4600 PRELIMINARY ESTIMATE FOR FOREMOST PARKING LOT - 89 STALLS FILE NO, 34205 Q!L 1,400 100 100 60 25 1 1 1,460 450 60 20 60 2,100 180 0.5 1 Unit Item CY Common excavation @ $5.00/ c.y. CY Subgrade excavation @ $5.00/ c.y. CY Select granular borrow @ $6.00/ c.y. LF Remove concrete curb and gutter @ $5.00/ 1.f. LF 15" RCP, Class 5 @ $30.00/ 1.f. EA Construct MH over existing 21" RCP @ $1,600.00/ ea. EA 2' x 3' CB @ $1,000.00/ ea. TN Class 5, aggregate base @ $7.00/ tn. TN Type 41 bituminous wearing course @ $30.00/ tn. LF Concrete curb and gutter @ $15.00/ 1.f. LF Bituminous curb @ $10.00 / 1.f. SY 2" bituminous trail @ $10.00/ s.y. LF 4" solid white paint @ $0.50 / 1.f. CY Topsoil borrow @ $10.00/ c.y. AC Seeding @ $1,500.00/ ac. LS Traffic control @ $2,000.00 Subtotal + 5% Contingencies TOTAL CONSTRUCTION COST i:\34\34205\prelmjst Cost $7,000.00 600.00 600.00 300.00 750.00 1,600.00 1,000.00 10,220.00 13,500.00 900.00 200.00 600.00 1,050.00 1,800.00 750.00 2.000.00 $41,670.00 2.080.00 $43,750,00 PRELIMINARY ESTIMATE FOR FOREMOST PARKING LOT - 28 STALLS FILE NO. 34205 Q!I: 500 50 50 550 170 550 50 0.5 1 Unit Item CY Common excavation @ $6.00/ c.y. CY Sub grade excavation @ $5.00/ c.y. CY Select granular borrow @ $6.00/ c.y. TN Class 5, aggregate base @ $8.00/ tn. TN Type 41 bituminous wearing course @ $40.00/ tn. LF 4" solid white paint @ $0.60/ 1.f. CY Topsoil borrow @ $10.00/ c.y. AC Seeding @ $1,500.00 / ac. LS Traffic control @ $2,000.00 Subtotal + 5% Contingencies TOTAL CONSTRUCTION COST Cost $3,000.00 250.00 250.00 4,400.00 6,800.00 330.00 500.00 750.00 2.000.00 $16,280.00 820.00 $17,100,00 ~. ~ ~/VSh'/.-'.Jc. F4C-TOi?Y -- ,;( --- _.- -)- (3 Qu~I3Ee Aile- I )-C~ L.1 I ~ ~ "Z ~, )::. <:::.. !"l , I I I ; I .~ : I \. "" ~ /I ~ i 1- ~ I '<:1'-- ('i\ "'- ~ ;"''' "', jS 4 ~ ~ 1 Is. t It ~ I I J I -, 1 -cP I I I I l L__, - - ~nN U/ u/,q~~<<'~u~o ~,,~ ; ]; tt1 : ~ OLD .(=Lec.r;?o.J/c Z/"'oC/sr if {" ?Rol'e,frY co -D :s;>\2:J .:A) ~ - -z ~ "" ~ r ~ I r'ACToeY I -7-E- ~-(-~ ~ OQ ~-- ~ (./jV!:H/)V~ 7-( \ I --z i I ~I <- ~ :c' ~ I 1J}uE/SEC ,qvc / I ~\ ~"\ o \ : " (-' \ ~ 0<..0 k="'~ iF c. T ,(( 0 /"" / L Zf'[)u~-rR'I f1tICJt'el(1/ I . I ~ ~ ^ - <. ~ ~ \'" r V\ Specifications for Building Demolition 7528 42nd Avenue North City Project No. 595 New Hope, Minnesota May, 1997 File Noo 34205 .it! BUILDING DEMOLmON 7528-42ND AVENUE NORTH CITY PROJECT NO. 595 FILE NO. 34205 NEW HOPE, MINNESOTA 1997 INDEX Index Advertisement for Bids Information to Bidders Proposal Special Provisions 1700. Adjust Miscellaneous Structures 02070. Building Demolition 2104. Removing Miscellaneous Structures 2105. Excavation and Embankment 02200. Earthwork 2211. Aggregate Base 2331. Plant-Mixed Bituminous Pavement 2357. Bituminous Tack Coat 2531. Concrete Curb and Gutter 2575. Turf Establishment - Specific & General Requirements 24,000. Sewers PLATES 1 - 08 1 - 19 4 - 01 DRAWINGS Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Sheet 1 34205 @ 1997Bonestroo. Rosene. Anderlik & Associates, !ne, Storm Sewer Manhole Type II Catchbasin Curb and Gutter Plot Plan - Original Building Floor Plan - Original Building ElevationslDetails - Original Building Site Plan - Building Addition Floor Plan - Building Addition ElevationslDetails - Building Addition Site Plan! Parking lot I-I .;e Angstrom Analytical, Inc. Report Conditions of the Contract 34205 @ 1997Bonestroo, Rosene, Anderlik & Associates, Ins. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. Jerry D. Pertzsch, P.E. Date: May 12. 1997 Reg. No. 17383 1-2 is ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.D.S.T., on Thursday, June 5, 1997, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 7528-42nd Avenue North - Building Demolition Demolish and remove existing building and its materials at 7528-42nd Avenue. Site restoration shall include topsoil borrow and seeding. Remove and replace approximately 90 Lineal feet of curb along Quebec Avenue North. Project includes an alternate for construction of a parking lot with approximately 100 parking spaces on the site. A pre-bid conference will be held at the project site on May 28, 1997 at 10:00 AM. All bidders are encouraged to attend to become familiar with the site conditions. Plans and specifications, proposal forms and contract documents may be seen at the office of the City Clerk, New Hope Minnesota, and at the office of Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 W. Trunk Highway 36, St. Paul, MN 55113, (612) 636-4600. Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payable to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount of the bid, which shall be forfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserves the right to retain the deposits of the three lowest bidders for a period not to exceed 45 days after the date and time set for the opening of bids. No bids may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. Payment for the work will be by cash or check. Contractors desiring a copy of the plans and specifications and proposal forms may obtain them from the office of Bonestroo, Rosene, Anderlik & Associates, Inc., upon payment of a non-refundable fee of $20,00. See "Information to Bidders" for more information on plan and specification policy. The City Council reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the contract to the best interests of the City. Daniel Donahue, Manager City of New Hope, Minnesota 34205ad ~ INFORMATION TO BIDDERS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. ReQuests for Plans and Specifications should clearly state the name of the project being bid, 2. BRA PLAN AND SPECIFICATION POLICY: 1) Plans and specifications shall only be available on a non-refundable, per plan basis, with all contractors and vendors being charged the same, Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, all are non-refundable, 2) The amount for the bid package will be stated in the Advertisement for Bids, 3, INDNIDUAL DRA WlNGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications for which no refund will be made. End of Section 34205 @ 1997Bonestroo. Rosene. Anderlik & Associates. lnc, ~ WIO 1:-z. NEW HOPE, MINNESOTA FOREMOST BUILDING DEMOUTlON SITE PlAN/PARKING LOT CITY PROJECT NO. 595 JI]f Bonestroo -=:II Rosene "" Anderlik & '\J' Associates 'l'Ol!:!rr'c:or:rrn..o.Tne;,...-au~$"IIlY['I' nlltCl!UJC(JIVI'tlIRt:'r~~1Wol' 1....tu.,.~~PCNtVl CIWD! lIlJil \DCOnitVoa'SOI'll4t$"....n:ot~ """'" '"- -...c 11: :t\I N>Ie.. tn~ ... NC. .QUt 1./3/'11 .DC:lt:C..EGEX..IiICtlIU;I:~N:. ln7..t:::Ul ~ QUEBEC AVE. EnQlnHr'I , ArettJtlldl at ~.ut . WIlwaW:" ~~~2=:...:ar: NON-:-EXCLUSIVE LICENSE AGREEMENT THIS AGREEMENT is entered into this ~ day of \~~ 1997, by and between the Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota municipal corporation, (hereinafter the "EDA"), and Rosengren and Associates, Inc" a Minnesota corporation, and Randy V, Rosengren, individually (hereinafter collectively "Rosengren"), WHEREAS, the EDA is the fee ow-ner of certain real property located in Hennepin County, Minnesota and legally described in the attached Exhibit A (hereinafter "the Premises"); and WHEREAS, Rosengren and Associates, Inc, operates the Sunshine Factory restaurant across the street from the Premises; and WHEREAS, the Premises are suitable as an interim use for public parking and more particularly for parking by the customers and employees of the Sunshine Factory restaurant; and WHEREAS, the EDA and Rosengren wish to reach an agreement by which the EDA licenses Rosengren to use the Premises, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Use of the Premises, The EDA agrees to 1 icense and allow Rosengren to occupy on a non-excl usi ve basi s the Premi ses for parking by the Sunshine Factory restaurant customers and employees, No other use by Rosengren is authorized by this Agreement without the written consent of the EDA, Rosengren will not be allowed to erect any buildings, signs or make improvements upon the Premises without the consent of the EDA. The EDA does consent to the improvement and maintenance of the Premises as a parking facility to serve the customers and employees of the Sunshine Factory restaurant, 2. Payment for Improvement of the Premi ses, In consideration for this Agreement, Rosengren agrees to reimburse the EDA Forty-Two Thousand Six Hundred Eighty-Seven and 40/100 Dollars ($42,687.40) equalling the entire cost of the improvement of the Premises with an 89 stall parking lot as per the plan attached as Exhibit 8. The cost of the improvement is the amount of the contract awarded by the City of New Hope to F,W. Gartner and Company for construction of the parking lot. Rosengren further aCknowledges and agrees said amount is based on unit prices, Therefore, the final contract amount and the cost of the improvement will be determined by multiplying the final measured quantities of the various items actually constructed and installed by their unit prices stated on Exhibit C attached, Therefore, the final cost of the improvement may be more or less than the amount stated herein based on unit prices and quantities used to construct the improvement, The final cost wi 11 be determined solely by the C it y Eng i nee r, Payment for t he cost of the improvement sha 11 be made in the following manner: (check one) a, a lump sum payment within 30 days of notification of the final cost based on unit prices and quantities used, or 2 b. in three equal yearly installments, The first payment shall be due within 30 days of notification of the final cost based on unit prices and quantities used, The remaining installments shall be due one year and two years from the due date of the first payment, and shall bear annual simple interest at 8%. 3, Maintenance, Rosengren shall be responsible for the completion of and payment for all maintenance associated with the site, including responsibility to maintain the parking surface of the Premises in a good and businesslike condition. This shall include but not be limited to sweeping, striping, snow removal, resurfacing or reconstruction of the parking surface, Reconstruction or resurfacing of the parking area will be done when necessary in the opinion of the New Hope City Engineer, 4. Insurance, During the term of this Agreement, Rosengren shall maintain public liability insurance in the amount of $200,000.00 per person, $600,000,00 per occurrence for personal damage, and $100,000,00 for property damage, Rosengren shall provide the EDA with a Certificate of Insurance listing the EDA as an insured party on said policy and providing for 30 days written notice to the EDA in the event of non-renewal or cancellation of the insurance coverage, 5, Indemnification, Rosengren will indemnify the EDA and 3 its agents and employees against, and hold the EDA, its agent sand emp 1 oyees harm 1 ess from, any and a 11 demands, c 1 aims, causes of action, fines, penalties, damages (including reasonably foreseeab 1 e consequent i a 1 damages), losses, 1 i ab i 1 it i es, 1 i ens, mechan i c' s 1 i ens, judgment s and expenses incurred in connect ion with or arising from: a, The use or occupancy of the Premises by Rosengren or any person claiming under Rosengren; b, Any activity, work or thing done or permitted by Rosengren in or about the Premises including all maintenance activity; c, Any acts, omissions or negligence of Rosengren or any person claiming under Rosengren, or the contractors, agent s, emp 1 oyees, i nv it ees or vis it 0 rs of Roseng ren or any such person; d. Any breach, violation, or non-performance by Rosengren or any person claiming under Rosengren or the employees, agents, contractors, invitees or vi sitors of Rosengren, or any such person of any term, covenant, or provision of t his Agreement or any law, ordinance, or governmental requirement of any kind; or e, Except for loss or use of all or any portion of the Premises or Rosengren's property located within the Premises which is proximately caused by or results from the gross 4 negligence of the EDA, any injury or damage to the person, p rope rt y or bus i ness of Roseng ren , it s emp 1 oyees, agent s , contractors, invitees, visitors or any other person entering upon the Premises under the express implied invitation of Rosengren, 6. Assi!=lnment, Rosengren's interest in this Agreement shall not be assigned, mortgaged, or otherwise encumbered or transferred, without the written consent of the EDA, The EDA agrees that said consent will not be unreasonably withheld. 7. Term/Renewal, This Agreement shall run for a term of three years beginning upon the date of this Agreement, and upon the end of the initial three year term, Rosengren may renew this Agreement for an additional three year period if the following conditions are met: a, Notice. Rosengren delivers to the EDA in writing notice of its intent to renew the term of this Agreement, which notice must be received by the EDA prior to the expiration of the then existing Agreement term, b, Default, Rosengren is not in default under any of the terms of this Agreement, c. Fee, Rosengren shall pay a One ($1.00) Dollar license fee for each year the license agreement is in effect, Said fee shall be paid at the beginning of each three year license period. 5 d. Cancellation. The EDA shall not cancel this ag reement unt i 1 Sept embe r 1, 1999, The EDA may cance 1 t his Agreement at any time thereafter for any purpose upon sixty (60) days written notice to Rosengren. In the event this Agreement is canceled, the EDA shall reimburse Rosengren on a pro rata basis for maintenance expenditures made by Rosengren pursuant to paragraph 3 of this Agreement during the 3 year term in which the cancellation notice was received, All reimbursable expenditures must be documented in writing and supported by written receipts of the persons or entity providing the service or work for which reimbursement is requested. The reimbursement request must be in writing and served on the EDA within 90 days from the date of Rosengren's receipt of the notice of cancellation otherwise it shall be hereby deemed that Rosengren has waived its right to reimbursement hereunder, This provision shall not relieve Rosengren from the obligation to pay for the full cost of the site improvements required by paragraph 2 of this agreement, 8. Condemnation, In the event of a complete taking of the Premises by eminent domain, this Agreement and any options to renew shall terminate upon the commencement of the condemnation action, and Rosengren shall not be entitled to any part of the condemnation award of damages, Upon the taking of a part of the Premises by eminent domain, this Agreement shall continue for that portion of 6 the Premises not taken as a result of the condemnation and Roseng ren sha 11 not be ent it 1 ed to any part of the condemnat ion award of damages, 9, Default , If Roseng ren is in def au lt unde r any of the terms of this Agreement and has not cured said default within 30 days after written notice of the existence of the default by the EDA, this Agreement shall terminate and Rosengren shall forfeit all right and interest in this Agreement to the EDA, Failure of the EDA to immediately notify Rosengren of a condition of default does not waive the right of the EDA to notify Rosengren of said condition of default at a later date and to require curing of the default. Additionally, failure of the EDA to notify Rosengren of a condition of default shall not in any way reduce Rosengren's liability for the condition of default, Termination of this Ag reement shall not wa i ve 0 r re 1 ease Roseng ren f rom any of its obligations under this Agreement prior to termination, including but not limited to, its obligations in paragraphs 2, 3, 4, 6, and 8, 10. Surrender of Premises, Upon the expiration or termination of this Agreement, Rosengren shall quietly yield and surrender the Premises to the EDA, 11, Add resses, For the purpose of notice, the fOllowing shall be addresses for the parties: a. Economic Development Authority in and for the City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 7 b. Roseng ren and Assoc i at es, I nc, and Randy V. Rosengren c/o Randy V, Rosengren 7600 42nd Avenue North New Hope, MN 55427 By By d~~1 Its President ROSENGREN ~c. 8Y~ ' By Its ~t.~uallY STATE OF MINNESOTA ) ) ss, ) COUNTY OF HENNEPIN for ego i n 9 was a c k now 1 e d 9 e d be for e met his 30 ~ day 0 f , 1997, by Daniel J, Donahue and W, Peter Enck, the Exe tive Director and President, respectively, of the Economic Develop ent Authority in and for the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation, JAYNE C. FERR NOTARY PIIallC . MlNNE 0 MY COMMISSION EXPIRES JANUARY 31, 2000 8 STATE OF MINNESOTA ) ) ss. ) . cI J?1 before JfY= this /t . f\6Se r.eYl..- the yes," ...e of Rosengren & Associates, behalf of said corporation. ~(l_dfYUL Notary Public/ day of and and I nc" a COUNTY OF HENNEPIN foregoing was acknowl 1997, by Minnesota corporation, on ,,:7 ~ VALERIE J, LEONE NOTARY PUBUC - MINNESOTA My Commission Expires January 31, 2000 STATE OF MINNESOTA ) ) ss. ) 'Ci rt: before me this /1 day of Rosengren, individually, ~c:k~ Notary Public COUNTY OF HENNEPIN ~ foregoing was acknowledged U ,1997, by Randy V, VALERIE J. LEONE NOTARY PUBLIC - MINNESOTA My Commission Expires January 31, 2000 c:\wp51\cnh\license.ros 9 EXHI BIT A That part of Lot 5, "Auditor's Subdivision Number 324, Hennepin County, Minnesota" described as follows: Commencing at a point on the North line of Rockford Road distant 195,0 feet Westerly of the East 1 ine of said Lot 5; thence North parallel with the East line of said Lot 5 a distance of 350,0 feet; thence West parallel with the North 1 ine of Rockford Road a distance of 125,4 feet, more or less, to a point 48,95 feet East of the West line of said Lot 5, as measured at right angles thereto; thence South parallel with the West line of said Lot 5 a distance of 350,0 feet to the North 1 ine of Rockford Road; thence Easterly along the North line of Rockford Road a distance of 125,1 feet, more or less to the point of beginning, :1 iU =, 7cn : n~J '/(\ ,,' ('\'/' (" . V r ;. II ll'! 0 ~ · ~~E 151 it II a'l :: i i 'T I '1: J W'j! ~.! at. Iii ~ _WI J- ~ ~~a ~= 51 '1 j ,. 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' " ,:y I, ' r.il' , I " .,' - -1,,-', I I I " ' ! __ I' \ II' -t \ I ' ..... ....~ __ __ .....' I I I ~,~..,~ I ".~ .,' (II " I . 1,1 ... I: : ; - ,.... ,; I 11 . . I ' H T \~ . I .1 ii 1 :1 .! :1 . :1 Cl0CO '/'0 ,@. l C:J \oIT,0CC.... ('H).... 0(\\! i...~:J"fnc.:. I ~ ! ~3.LS~S ll\1!:l 'd-:) .,..t---~ I J ~~ ~r :.I.vu.:)f'~ ..,.. ___ ;1'" "'11I0Il ow (1_ "I, Ot ~ ~ >OJ,.;I01 10\,...,.... ,. ._-~.--~. ... bONc~jKVV ANU A~~V~~KIC~ @ G I '- O~O I.) i , V':.,/ \.10/7/ I '-t. I / lJ . U.) Nu. /I~ / I~ !'",. eel Nnme BuUdin Oemalitio" at 7528 .4200 Avenue North Anderl>>< Pro eel No. ~95 . ~~I Bid 0 nin It:30 I1.m. C.P,S.T. Thursda June.5 1997 File No. 34205 Owner Ci I hereby certify that this is an U4Ct ~7 1_ / / rt!pr0dJ4cllun ((hids rt(tivtd (NtI....N p, or/; A. HOn<:;: ~""'jqn No, U26IJ BID TABULATION Tabulation of1'hroe Low Blda of Three Received Bid No, 1 BJd No. 2 Bid No, 3 F.W. Garlzuno Ken<< Vtlt &t ComnAfty ExcantmL loc, & Com Pin,., Inc, Uqft Uait Uldt No, Item Unit Otv, Price Total Price Total Price Total R_ IUd . VuJ1~ DvmulltJnl!l RCUlnvRlllM dl'I>>U.I vC llllli wlrl&: MM1f.." ("./)nlllining nl&tl:ri;Ux from wilhin the hllHdin: SP ;'810 3,22 9,104".1lO 5.40 1 5jJ6.OQ 2..33 6.617.20 2 DcmoIition of ".i>;l\nJ l>~ im:1udinr. hilull'\U)Q\lS vaYl;lIl~m IInd tIMe. >>IiW un gT1ldc and fnllnclnliIllL'I.I\'WovlI.Illlld d\l(X'Wt.'Il rl\lllllllCl aite IlIId I/fiJily shul off LS I 27,120,00 27,120.00 25.483,00 2.5.483.00 :n.1M.OO 37,16'1.00 3 ReltluYl: and replnl'lI'I'""" om.! j(UtI(:r LP J12 JO.OO 3,360.tJU 28.00 3.1:s6.oo 13.15 1.472.80 4 Fu.cnish and place topsoil CY 250 S.U 2,010,00 12.50 3.125.00 9,20 2,300,00 5 Seeding AC 1 1.74{),oo 1.740,00 2.050,00 2.0S<l.00 1.800.00 1.800,00 6 Sod Sy JSO 4.33 649,50 6.00 900.00 3.00 450,00 7 4S' J[ 4K" metal tigl1!l .EA 2 200.00 400.00 375,00 750.00 500.00 1,000,00 Total BlIlU Bid S44.4IOo $5V, 710.01 $SO,ll09.00 AlttnJllte Bid A Parting Lo< (89 Puking Stalls) II rm.ml: CUllln11 LS I Joo.OO 100.00 3$0.00 3~,oo 300.OQ 300,llO 9 Cummon /\1lr=lvnli..ln C't 1.400 <1,29 ~006.00 5. ;\{) 7.4W.00 ~,OO '/.lJOO.oo 111 Rnhr,m<1.;- ~ltCll"llLiun CY 100 6.00 tiOO.oo It.~ 850.00 ~.40 34(1,00 .II Sr.;k:r.;1 r,r:mlllu, ,".......l'1li Cy 100 12.10 1,110.00 J6..W 1,f1~.OO /l,/U III 0.00 12 IS' ~C:P, r.J.w: , U' .2S -1MO J.I)'KJ,OQ 67.00 1,675.00 30.00 7;'\11.00 J 3 Cnll/\lruL:[ MH liver cxiuin(t 21" RCF RA 1 J,09O.oo l,n!lO,oo J ,800.00 1.800.00 2.275.00 2.27 S.W 14 2' J[~' Clt\':ll bJ.ciD EA 1 1.090.00 l,IHU.UO 1.280.00 1..280.00 1.600.00 1.600.00 J;'i Subp1lde prcparaliun SY 3.400 O.SO 1,700,00 0.70 2.380.00 0,70 2..1gQ,OO 16 Class S aggregll.te base TN 1,465 9.S<l 13,917.S<l 9.S<l 13,917.50 10.00 14.650.00 17 6" diameter bo lIards EtA 4 100.00 400.00 !S.OO 340.00 150.00 600.00 18 Type 41 bilUm, wearing ~'Ouroe (2" thick) TN 450 28.00 12.600,00 21.00 12..600.00 31.00 13.950.00 19 Biluminous curb LF 20 IS.00 300.00 15.00 . 300.00 11.00 220.00 20 2" hilullIinuw; nil (2" thick) SY 60 18.00 1.080.00 18.00 1.080.00 7.70 462,(')() 21 4" solid white paml LF 2.,100 0,24 504,00 0.19 399.00 0.17 357.00 U Remove IUld replxe cutt and guUCr LP 30 33.33 999.90 32.00 960,(}() 17.00 510,00 Total Alternate Bid A $U,mM $47,001.$0 ~.oo Exhibit C 342D5HT.WB2 ~N~~)KVU ANU ~~~V~.~IC~ e ....... ,.... ......-.......- r ToW AllnMte 8...1 ~ lAIC (21 PaIk!.D<< St&lk) 2.~ Tra1f1C ('QCI1lQl IA 1 Il~:m 100.00 :450.00 lSO.no 500.00 500.00 :l4 (".nmmnn 1'l11':ll...1I.lllft CV ~ '-10 2,S50.00 BCI 2, 7SO.00 S.SO 2,7!1O,OO ~ SIlI1pU IACllVllUon CY $() U1J 400.00 I.SO A1!,M '.40 170.UU 'Jt RrIN,. p-anu11lC boaow CY jO 12..10 6OS.00 17.50 frs.CO 1.10 4OMO 27 Sllb~ J'Il'Cfl&Nkln n 1,370 0.7' 1,027.50 I.IU 1.507.00 0.10 1,0000,OO 111 0...." S .",~aa: ~ Dl 550 10.SO S,'n5.oo 10..50 5,715.00 9,73 S,3SI.5U 29 Type 411Rlurnilloos wc:artn,c C4utse (2" tbkk) TN :wu :16.00 7,%00.00 36.00 7,2OU.oo :U.OU 6,600.00 30 81IUminolls lnIil (2' thick) SY ~ 18.00 .540.00 18.00 ~.OO 11.00 330.00 31 4' solid while painl I..P .550 O...sS 302.50 0.19 lo.t.50 0.17 93..50 32 Remove and I'Cl'lIlCC l:urb and iUltOr LP 30 40.00 1.200.00 ~Z.OO 960,00 17.00 510.00 Total A.llerMte IUd B S20,lIOO.ao $%O,.cI6.!O $17,806.00 Pitm N_ F. W. o.tlZlet a:. Co.. IDe, Kt:vttt Bxcavatinc. 'tIC. Veil l:. Co,.lDc. Addma 6331 '14th Ct 3335 ~ylvan1a Av N 14000 V c:it P1.cc City, State, Zip BtOOUyD Pari.. MN S~s ~ MN .5~12 Rocen. MN .$5374 I'bonc 611..363.3215 611.545.3.5.57 61Z."28.2~1 Pax 612.42.5.5610 61~.s2..1~ 612.428,83-(8 By Fom:at ~ Scott Kevkl Don Rachel TItle Owoet President Prc.idcnt S~ Bid Scalrity BI4 Bond Bid Bond Bid Butld MlkorJu ^~-k.r.Jc.rHk:dF.-d Noac: l&m;d NMe lMlHld None 1ssuod .142115BT,WB2 STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT* CORRICK & SONDRALL, P,A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425.5867 SHARON D. DERBY LEGAL ASSISTANT *APPRQVEO ADA NEUTRAL " \=.. ~f - ~6~.:e~,r\'0~' '-1- D.<2.f'\\~. \~.,. ~ r-:-- .D (" ~ . '" . -t~""Q. .\-~ ' \ ;~ . /, '.oJ June 18, 1997 Mr, Randy V, Rosengren President Rosengren & Associates, Inc, 7600 42nd Avenue North New Hope, MN 55427 u RE: Non-Exclusive License Agreement for Parking Lot on Foremost Site Our File No: 99.11194 Dear Randy: Please find enclosed three copies of the Non-Exclusive License Agreement relating to the parking lot development on the Foremost property across the street from the Sunshine Factory, Please sign and return all three copies of this document, I will then have the appropriate officials of the EDA sign the documents and return a fully executed copy to you, The agreement incorporates the items we discussed in our recent telephone conversation, Specifically, the Sunshine Factory's use of the lot will not be exclusive, In other words, the general public will be allowed to use the lot in addition to Sunshine Factory customers and employees, This is a Hennepin County requirement to insure that the property remains exempt from real estate taxes, Despite the fact the agreement is non-exclusive, we agreed as a practical matter the Sunshine Factory will more than likely be the only user of the facility. The improvement costs are set out in paragraph 2 of the agreement. The improvement contract has been awarded to F,W, Gartner & Company, The est i mat ed cost based on est i mat ed quant it i es is $ 4 2 , 687 , 40 , A 1 so as wed i s c u sse d, t his amo u n t co u 1 d be mo reo r less than the estimate based on actual quantities used which ultimately wiil determine the final cost to you, If it is your intention to pay these costs in three equal yearly installments, Mr, Randy V. Rosengren June 18,1997 Page 2 please place an "x" in paragraph 2,b. of the document, The license agreement provides for two 3-year terms, However, the agreement is voidable by the City upon 60 days written notice to you, However, the City has agreed not to cancel the agreement until September 1, 1999, This will give you at least two years guaranteed used of the parking facility, Obviously, if the City does not find a developer for this property it will more than likely permit the agreement to run its full term, It is my understanding you have had an opportunity to review the enc 1 osed document in t hat it close i y para 11 e 1 s the ag reement we have with the Winnetka Center owner on the parking lot serVing the App i ebee' s f ac i i it y, I f you have any quest ions or comment s regarding this agreement, please do not hesitate to contact me or Kirk McDonald, Very truly yours, Steven A, Sondrall New Hope City Attorney s1w2 Enclosures cc: Kirk McDonald, Management Asst. (wfenc) Daniel J. Donahue, City Manager (wfenc ~ m\1' Y 0,<00 ~ !J.J ~~ ,",d~ - (j~ ~JtUtaAL'l'--C pJUJ U~ fL-. COUNCIL REQUEST FOR ACTION Originating Department City Manager Approved for Agenda 12-22-97 Agenda Section Consent Item No. 6,14 Kirk McDonald By: Management Assistant By: MOTION ACCEPTING PROPERTY DEMOLITION PROJECT AT 7528 42ND AVENUE NORTH AND AUTHORIZING FINAL PAYMENT TO F.W, GARTNER & CO. (IMPROVEMENT PROJECT NO. 595) This is the Final Pay Request for the building demolition and parking lot construction at 7528 42nd Avenue. The City Engineer reports that all work on the project has been satisfactorily completed and he recommends approval of the final payment. The final amount is approximately 16.47 percent over the original contract amount due to differences between estimated quantities bid and actual quantities used, The bid amount compared to the final for building demolition and parking lot including liquidated damages are summarized below: Building Demolition Parking Lot Sid Amount $44,484.30 42.687.40 $87,171,70 Final Cost $48,545.09 52,984.39 $101,529.48 2,000.00 $99,529,49 Liquidated Damages Final Contract The overage for building demolition is due to additional sod, while the overage for the parking lot is due to the following: Common Excavation (Soil Correction) Class 5 Aggregate Base Type 41 Bituminous Wear Course Total $4,075.50 2,171,1-3 3,026.80 $9,273,43 (cont'd.) MOTION BY SECOND BY TO: Review: Adm1n1stration: Finance: RFA-OOl Request for Action Page 2 12-22-97 The parking lot expense is to be paid by the Sunshine Factory while the building demolition is to be. paid by the City, However, it is suggested only the overage costs associated with the Class 5 aggregate base and Type 41 bituminous wear course be financed by the Sunshine Factory. The common excavation associated with soil correction was more a result of the building demolition, The benefit of liquidated damages could also be given to the Sunshine Factory since they were most damaged by not having the parking lot developed on time, as specified, Therefore, the suggested final amount due by the Sunshine Factory is as follows: Final Contract Common Excavation (City) Liquidated Damages Total Due (Sunshine Factory) Bid Amount Cost Overage $52,984,39 - 4,075.50 - 2.000.00 $46,908.89 -42.687.40 $4,221.49 Staff recommends approval of motion approving the final pay request. BONESTROO AND ASSOCIATES ..tij' 612 ojo'i31'1 1&:./17/7t 1'-.10 w" .1.1'-) 1.1.., ",""..,'" ~ . 1\11 Bonestroo Rosene Anderlik & Associates tlClneJC10Q, ~n~('n~. ArKJ.t-rllk iN'lf.J ....\HJflllr~~.. 111(. It iVl ~1Il/n7.r"v(, I'\dlUll Illliel! ()j.)IJ(.II/UI1/lt t/11p/(Jyrr ?fllltil1.II\' ono c. nnnl'\TrOU."'~ . JOs,c)Jh ( Andedlk. i"F . Mdt IfI1I I ',r"IJc'l!d PC . Rkn.utf r Twmer. P.. . (jhenn R C l"'I()iI. P.C. It RnbE"11 G.. ..., hunt(,..r (l'L . J","y " ih.wrdnn. f'l . RC1Ull'rt v.J RI')Sl.:flt!', f'.r. .1nl1 SU:llttll M f:D~rhll. (t'A. Senll.)I (nn(I,Jl,:trtl~ AJ;;H,ri.I!CO PrJIX'/p.fI\: Howc)(tl A. ~.1Mford. f\.r. . JI((I'ltl'l A. CaurrJnn. P.f.. . R'unrrr fl. Pldlt"rJi":. PE , Ri.tt.,d W fOSler. P.L ' I )~"'U O. l."'~"td. r,c. , Rnt>Nt C. Ru".I'~. ... I.A , M,,,k ^ II."."" PI' , MJ'tld~J r. H.lurmann, p.~. . 7(\I1K.r't"lrJ. 11,. . I<enntlt" P ^"dt.'f\ull f/1- , M....rk. i{. Hntr~. PC . \l(1nC"y ('! WiJli,lm.,\,('ln. p.r.. L.S. . liotHH t ~. Knnmltt'f Ol"r~" 5[. I'aul. Rnrtl~StCl. 'Wrllm"r "flu St. ('''lid. MN, M"w,'lJ....~ W, Engineers & Architects December 19, 1997 Mr. Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 Re: Building Demolition at 7528 - 421\d Ave. N. City Project No. 595 OUf File No. 34205 Dear Kirk: Tnmsmilled herewith arc three copies of Request for Payment No.4 and Final along with the required signed Minnesota Withholding Form IC-134 for the above~referenced project. The work on this project has been satisfactorily completed, and we recommend payment at this time. The fimllllmount is approximately 16.47 porcent over the original contracl amount due to differences belween estimated quantities bid and actual quantities used. The hid amount compared to the final for huilding demolition and parking lot including liquidated damages arc summari7.ed below. Building Demolition Parking Lot Bid AmollDt $44,484.30 42,687.40 $87,171.70 J"iUfd Cost $48,545.09 521984.39 $101,529.48 2.000.00 $99,529,48 Liquidated Dumages Final Contract The overage for building demolition is due 10 additional sod ,while the overage for the parking ]ot is due 10 the following: Common Excavation (Soil Correction) Clas!\ 5 Aggregate Base Type 41 Bituminous Wear Course Total $4.075.50 2,171. 13 3.026,80 $9,273.43 2335 West Highway 36 · St. Paul, MN 55113 · 612.636-4600 . Fax; 612-636-1.':111 BONESTROO AND ASSOCIATES lii 612 0;101;1'11 I ~ I I '7 I '7 i I '-. I...... ~- . --..... ..... - ,'....- Mr. Kirk McDonald December 19, /997 P(lge 2 The parking lot expense is to be paid by Sunshine Factory while the huilding demolition is tn he paid by the City. However, it is suggested only the overage costs ,-,ssoduted with the Class 5 aggregate base and Type 41 bituminous wear course be financed hy the Sunshine Factory. The common excavation associated with soil correction was morc a result of the building demolition. The benefit of liyuidated damages could also be given to the Sunshine Factory since they were mONt damnged by not having the parking lot developed on time as lipecified, Therefore, the suggested final amount due hy the Sunshine Factory is us follows: Final Contract Common Excavation (City) Liquidated Damages Total Due (Sunshine Factory) Bid Amount Cost Overage $ 52,984.39 .4,075.50 . 2,000.00 $ 46,908.89 . 42.687.40 $ 4,221.49 If you have any questions regarding this project, please feel free to call me. Yours very truly, BONESTROO, ROSENE. ANDERLIK & ASSOCIATES, INC. Mark A. HanRon, P.E. MAH:lb Enclosures BONESTROO AND ASSOCIATES lrii 612 036'1311 "1 i:;-l '1/ 'if I':::': IOU- : U'+I uo I~U: 0'+ I . MN 55428 Date: Novemb<<21.1997 October 24. 1997 to November 21. 1997 \lelt No: 4IFinal F,W. Ganner and Com an .6331 84Ul Court Brook! n Park, MN SS44S REQUEST FOR PAYMENT BUILDING DEM0Ll110N 7!~%ND AVENUE NORTH CITY PROJECT NO. 595 Pile No, 3420' SUMMARY 1 Original Contract Amount 2 Change Order - Addition $ 3 Change Order . Deduction $ 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Rctainage (Liquidated Damages - deducl20 days @ $IOO1day) 9 Subtotlll 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 4/Pinal Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOClA TES, INe, ~ cI(~_. Approved by Contractor: F. W;;:;' aDd CompllllY ~ C ~ Specified Contract Completion Date: 1;\34\34205\REQUeST4. WB2 Approved by Owner: City of New Hope $ $ $ S $ $ $ $ $ 87,171.70 87.171.70 101.529.48 0,00 101,529.48 2.000,00 99.529.048 91,903,56 7,625.92 Date: BONESTROO AND ASSOCIATES W 612 6361311 '12F-I'7I'7{ I'; 10 W ;v;."'...;.. IN.O....-. Contnc:t Unit Quuuty Amovnt No, Item Unit QlumUtJ Price to Date to D.tII Removal and disposal of all friable asbestos containing materials from within the building SF 1,840 3.22 2,840 9.144.80 2 Demolition of existing building including bituminous pavement and base. slab on arade and foundations. remoyaJ and disposal from the site and utility shut off LS 1 27.120.00 1 27,120.00 3 Remove and replace curb and guller LP 112 30.00 112 3.360.00 4 Furnish and place topsoU Cy 250 8.28 250 2,070.00 5 Seeding AC 1 1.740.00 0.57 991.80 6 Sod SY 150 4.33 1,353 5.858.~9 7 48" It 48" metal signs E.A 2 200.00 Subtotal $48"..5.09 Alternate Bid A Parkina Lot (89 ParkinS StallJ) 8 Traffic Control LS 1 100.00 1 100.00 ( , ., 9 Common excavation CY 1.400 4.29 2,350 10,081,50 '\'.:\>' 10 Subgradc excavation CY 100 6.00 343 2,058.00 11 Selcct granular borrow CY 100 12.10 12 1.5" RCP, Class 5 LF 2S 43.60 1.1 915.60 13 Construct MH over existing 21'\ RCP EA t 1,090,00 1 1,090.00 14 2' x. 3' catch buin SA 1 1.090,00 I 1,090.00 IS Subgrade preparation SY 3.400 O.SO 3,576 1.788.00 16 Chw S aggregate base TN 1.465 9.50 1.693.54 16.088,63 '1- \1 \.\ 17 6" diameler boUards BA 4- 100.00 4 400.00 18 Type 41 birum. wearins course (2" thick) TN 450 28.00 ~S8.l0 15,626.30 '111 1-\; ." 19 BituminoU3 curl> LP 20 15.00 20 300.00 20 2" bituminous trail (2" thick) SY 60 18.00 42 756.00 21 4" solid white pa.inl LP 2,100 0.24 2.042 490.08 22 Remove and replace curb and gutter LP 30 33.33 66 2,199.18 ToQd Alternate Bid A $52.984.39 Subtotal $48.545,(19 Total Alternate Bid A $52.9804,39 Total Work Completed To Date $101,519.41 1:\34\34205\REOUEST4.WB2 BONESTROO AND ASSOCIATES 1i1 612 6361311 12/19/97 12:16 D1 :06/08 NO:841 PROJECT PAYMENT STATUS Owner City of New Hope Project No, 3420S File No, 34205 Contractor P.W. Oanncr and Company CHANGE ORDERS N D Dacri d Amo t 0, ate 1.01 on un 1 2 3 Total Chanlle Orders PAYMENT SUMMARY No, Period Pavmeat Re..m.- Canmltted 1 St.art. 08106197 34,4'1.56 1 813.24 36.264.80 2 08106197 09109197 14,954.28 2600.31 52.006,15 3 09/09/97 10124197 42.497.72 4 837.03 96.740.s9 4 10/24197 11121/97 7.625.92 2.000.00 101 529.48 5 6 7 8 9 10 Material on Hand Total Pa'Ymenl to Date $99.529.48 Orilrlnal Contract $87171.70 Rctaina2c, Payment No. 4lPinal 2,000.00 Chanll'e Orders Total Amoum Earned $101.529.48 Revised Contract $87 .171. 70 1:\34l34aDS\REQUEST4.WB2 ~-4: r 7('i,? ~~. (,'If ~,\L.3 Bonestroo Rosene Anderlil< & Associates Bonesrroo, Rosene. Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. P.E. . Joseph C. Anderijk, P.E. . Marvin L Sorvala, P.E. . Richard E. Turner. P.E. , Glenn R. Cook, P.E. . Robert G. Schunicht. P.E. ' Jerry A Bourdon, P.E. . Robert VI. Rosene. P.E and Susan M. Eberlin, C.P.A.. Senior Consultants Associate Principals: Howard A. Sanford. RE. . Keith A. Gordon. P.E. . Robert R. Pfefferlc. P.E . Richard W. Foster. P.E. . David O. Loskota. P.E. , Robert C. Russek. ALA. Mark A Hanson, P.E. ' Michael T. Rautmann. P.E. . Ted K.Field, P.E. , Kenneth P. Anderson. P.E. , Mark R. Rolfs, P.E. ' Sidney P. Williamson. P.E.. LS. ' Robert F Kotsmith Offices: St. Paul, Rochester. Willmar and St. Cloud, MN . Milwaukee. WI Engineers & Architects October 1, 1997 Kirk McDonald City of New Hope 4401 Xylon Ave N New Hope MN 55428-4898 Re: 7528 42nd Avenue (Foremast) Building Demolition Project No. 595 Our File No. 34205 Dear Kirk: The attached Pay Request provides for the 2nd partial payment to the contractor for the above project. The contractor has requested a time extension based on the attached letter. Based on our review, a time extension should be considered based on the following: .. Delays due to utility disconnects . Well abandonment e Restoration delays due to City Landscape The specified completion date is July 31, 1997, while the liquidated damages are $lOO/day. If the City is inclined to assess liquidated damages, a reasonable time is 20-25 days or $2,000 to $2,500. It's recommended this Pay Request No.2 be paid as noted, however, a 3rd Pay Request should be considered if liquidated damages are to be assessed. Sincerely, B. <jNEsri.I' ,~ROSENE, ANSERLIK & ASSOCIATES, INe. !V~vwv1 .-/ Mark A. Hanson cc: Tom Schuster Joe llletschko 2335 West Highway 36 III St. Paul, MN 55113 III 612-636-4600 II Fax: 612-636-1311 ~~I-I~~I I:~~M t'"KUM t'"'IV L:iAK I Nt::.J-< A.NU LU_ 44::::::>:::>b lla ~-:.::: F.W. Gartner and Co. 6331 84th Ct. Brooklyn Park, MN 55 Office: 425-5610 Mobile 363-3215 To whom it may concern, I am requesting a time-line e~tension for the demolition & parking lot construction at 7528 42nd Ave N. I wish to site the fOllowing delay and conditions for the need for extra time. 1) When the demOlition project first began it started on the we~k of a bad storm which ~nocked out power to most of Monticello and downed hundreds of. other power lines. Due to this s.torm, NSP did not remove power from 7528 42nd Ave N. for 12 days after the date in which the work was to have begun. NSP had approximatlY 30 days prior notice. 2) When we were removing the footing for the building we encountered a lot of ground water, which was leaking into our footing excavation. At that time.we stopped removing the footings to ask the engineer if they wanted to leave the footings in the ground to hold the water out of the new parking lot area. We were eventually told to remove the footings. After removing the footings the water and mud filled up the footing excavation. At that point, we stopped to as~ the engineer if we should ex~av~te the muddy soil out of the footing excavation, and replace the soil with dry sand. We were asked to do this 2 days 'later. We asked for no extra compensation at that time. 3) After removing the excess dirt over sub-grade ~levation, our calculations show approximately 600-700 cu.yd. more dirt than the plan estimated. NO additional. compensation was requested at that ti 4) While cutting the parking lot elevation down to the correct sub-grad we encountered a well which had to be abandoned and sealed. This area could not be worked o~ for 3-4 days. 5) After cutting the new parking lot down to the correct sub-grade e1evation, the engineer decided to raise the west one half side of the parking lot back up 1 foot in elevation. This meant hauling 275 cu.yd. of material back on the west side qfOthe lot and re-gradi 6) On the north side of the new parking 1ot,. poor sub-grade soils vere found in which the engineer asked us to excavate out and re~ill and regrade with sand material (237 ~u.yd.). 7) On 8/19 we received 3u of rain on the construction site which had to be pumped off the site along with excavating the wet material of the lot allowing the si te to 'dry out 0 This storm' also put our sewer sub-contrac~ors schedule ~ack 5 days. . It is under these conditions and delays which I respectfully ask for a time extension. Please advise. ~ ~I-I~I I:~I~ r- KUM r- VY L>AK 11"Il::.K ANU \,jlJ. Q.~:::lt:) I l:::l ......::s .,>' 6331 84th Ct ~rook:lyn Par~. MN 55 Office: 425-5610 Schedule for Parking Lot Compl~tion 6/27-9/2 Install catch basin, manhole and pipe. 6/27-9/10 Haul excess sand, clay and black.soil off property. 9/3-9/6 Compact final grading preparation and layout class 5 on parking lot by Driveway Desig9 (Randy Johnson' 559-0071). 9/9-9/10 Lay asphalt on parking lot. 9/11-9/12 Replace curb cuts. 9/11-9/15 Lay sod, spread black dirt and seed. 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612.531-5100 Police: 612-531-5170 Public Works: 612-533.4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531-5175 October 8, 1997 Mr. Dan Wrobleski Wrobleski's Lawn Service 4544 Rosewood Lane No. Plymouth, MN 55442 Dear Dan: I have received notice from the City Clerk that all of the necessary contractual documents pertaining to the Landscaping at 7528 42nd Avenue North have been completed and returned by your firm. This letter is your Notice to Proceed with the project as described in the specifications. Work may begin immediately, and all work must be completed by October 31st, 1997. We expect full compliance with the terms and provisions of the contract. If you have any questions or comments, please contact me at 533-4823 ext. 13, Sincerely, ~vt~ Tom Schuster Contract Manager cc: Jeannine Clancy, Director of Public Works Valerie Leone, City Clerk (Project # 595) Family Styled City" For Family living -"- m\1'Y o~ 1) ~ ~w \-\oq - COUNCIL REQUEST FOR ACTION Originating Department City Manager Approved for Agenda Agenda Section 9-211)- Kirk McDonald By: Management Assistant By: 6,12 MOTION APPROVING QUOTE SUBMITTED. BB~ WROBLESKI'S LAWN SERVICE IN THE AMOUNT OF $8,311,25 FOR LANDSCAPING IMPROviMENTS AT CITY-OWNED PROPERTY AT 7528 42ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 595) Consent Item No. At the September 8 Council meeting, the City Council approved plans and specifications for landscaping improvements at the City-owned property at 7528 42nd Avenue and authorized staff to obtain quotes, The Contract Manager developed the landscaping plans and specifications, which are attached. The plan incorporates new and existing landscaping and is intended to blend with the existing landscaping on 42nd Avenue. A split-rail fence will also be installed along the entire length of the north property line of the two City-owned properties as part of this plan The estimated cost for the landscaping was $9,812.00 and the cost will be funded out of 42nd Avenue Tax Increment Financing funds, The City requested quotes from eight landscaping companies and the following quotes were received: Company Wrobleski's Lawn Service Midwest Landscapes Dundee Nursery & Landscape Co, Quote $8,311,25 $8,443,54 $11,096,20 Wrobleski's Lawn Service submitted the low quote in the amount of $8,311.25. The contract requires that the work be completed by Wrobleski's, Staff recommends approval of a motion approving the quote submitted by Wrobleski's Lawn Service in the amount of $8,311.25 for landscaping at the City-owned property at 7528 42nd Avenue North (Improvement Project No, 595), MOTION BY (fLtf{!/J/I , SECOND BY }/'1 Lf}JLi~. ~ . If V TO: (){ 111J/r jl1 .a . I Review: Administration: Finance: RFA-OOl 4401 Xylon Avenue North New Hope, Minnesota 55428.4898 City Hall: 612-5~1-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOO: 612-531-5109 September 8, 1997 Wrobleski's Lawn Service 4544 Rosewood Lane North Plymouth, MN 55442 Dear Dan: City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531-5175 The City of New Hope is requesting bids for the landscaping of a city owned lot at 7528 42nd Avenue North. The lot is the former site of a manufacturing business and has recently been converted into a temporary parking lot. The work shall consist of furnishing and planting trees and shrubs in accordance with a landscape plan prepared by the City Forester. In addition, the project calls for the installation of 220 feet of split rail fence. All plant material is to be mulched with shredded bark or hardwood chips to a depth not less than three inches Included, please find the planting plan, the plant schedule, and general specifications. The successful bidder must comply with the terms of a City contract. A sample of this contract is also included. If interested, please submit a bid on the enclosed Bid Proposal Form to be received no later than September 16, 1997. Bids may be submitted by mail to: Tom Schuster City of New Hope 5500 International Parkway New Hope, MN 55428 or fax to 533-7650 The successful bidder will be notified during the week of September 23, 1997, Work can begin as soon as contractual arrangements have been met and must be completed no later than October 31 , 1997. Thank you for your interest in this matter. If you have any questions, please contact me at 533-4823 ext. 13. Sincerely, --/CJ;f1 ~ Tom Schuster City Forester cc: Kirk McDonald, Community Development Coordinator Family Slyieu Clty~ ,or Family living I . ~\l . d '" /' .. '" / / , / " ~CQHsn)tJCT,UH ..D'Vf,;Et'" ",/ ," /' ," ~/ ;' ,,' ,,' . E)d~t. ....21- ~ ,," ",., ..."...." . 8Qo 2' , ... , / " ;'" ~ " It~\f= .,....., , , " " /' ~~ /' ... " , ,/ -' , " / / / / / EJ";)IT~ Bl.1tIMI~S' , ,~ST.(LL ltr BnUlaf.~Jl/cuRa " , / , , , / ... EAcH SlOE pF" C,ItTO\. BASIN.... ,," " ,,'/ ,," / ,// _,":': - -;;- ...,... ,'// ,,' " " ,,' " " ,,' ,,' " ''''''////" -k- .J-- L..--' _ /' ----' .--..I --L ---L- --L- "''' 0,," " ,,' ,,:' ,'- , /' " " ~-~ ---.1- I-- I"'\, -f .". 1 \ d--'d.O F€~ '-"_-:, ~ / c. C} \-- ? ,- : \ -=C ',- (i wr<' ......\ _ l "rut.- ~ _,'_":" G:,oL ML i I lOT 1 I , , , , , , , , , , , , , , , , , , '- , , , , , , , , , , , , TILOT21 89~89 YABM 14 FS , , , , , , , "tT, ", J I , I I " I I I , ... I I ., I , I I .' I 1: !)OX ~ ~ U W Q) w :::::> o t-;19' TW. , , I I g'-T't'P J I Unless NOlL I . ~ 28' , , , , , , , .: , , , ,: , '- ,: , '- .: , '- , , r , , , '- , ~ \ , ,: , , .: , , , ,: '- . , , , I '- , 9' ,- '- , , , GRASSY I ~..' ,TW. I';:::' f..l F S Y BHS I do. Cb Dc" /~ 'J R5t T :IS: . . . . ~ . , . -- -T-- -~- -J./ -----------------~~ - , . ..............~..... I / . J t I L"\ :l t\.51-t TJe.E.Es J f' -~.==.;:..:::.-==~--~__.__1_ 2c?'NP_ - t:w.LNQ.: -- -- - - - -.---.---.---------,;;;;o........--~ .--..-..--- PLANT SCHE:JULE FOR 7528 42nd AVENUE NORTH Qnt. Key Common Name Botanical Name Size 4 HJ Hughes Juniper Juniperus horizontalis "Hughes" #5 cont. 4 BHS Black Hills Spruce Picea glauca densata 5' B&B 6 ABM Autumn Blaze Maple Acer x freemanii 'Jeffersred' 2.5" B&B 4 RSC Red Splendor Crab Malus 'Red Splendor" 2" B&B 22 GBS Glossy Black Chokeberry Aronia melanocarpa elata #2 cont. 34 FS Fritschiana Spirea Spirea fritschiana #2 cont. 6 JP Jackman's Potentilla Potentilla fruiticosa 'Jackmanii' #2 cont. Split rail fence (2 rails) Steel edging Plastic (Valley View) edging Hardwood mulch Tree removal OTHER GOODS AND SERVICES 220 feet 330 feet (approximately) 1 00 feet 13 cubic yards (approximately) 2 ash trees ( 4 inch diameter) Bid Proposal Form City of New Hope 4401 Xylon Avenue New Hope, MN 55428 (6 1 2) 5 3 1 - 5 1 00 AI: bid prices shall be compensation in full for services, materials, and labor, as indicated in the bid specifications. The Contractor acknowledges the receipt of related bid specifications and guarantees the submitted bid accurately reflects these expenses. It is understood that the City Council reserves the right to reject any or all bids and to waive informalities, and to award the contract in the best interest of the City. It is agreed that all work shall be completed by October 31st. This bid shall remain valid for 30 days subsequent to the submittal date. In submitting this bid, the Contractor agrees that the acceptance of any or all bids by the City of New Hope within a thirty (30) day period constitutes a contract. Name of Company: Company Address: Phone: Name of authorized representative: Signature Submit on or before: September 16,1997 Submit to: *Additional copies of the above form may be attached Bid Sheet for7528 42nd Avenue North Don Halla Halla Nursery Inc. 10000 Great Plains Blvd. Chaska, MN 55318 Wrobleski's Lawn Service 4544 Rosewood Lane North Plymouth, MN 55442 Arteka Natural Green Corp. 15195 Martin Drive Eden Prairie, MN 55344 Dundee Inc. 16800 Highway 55 Plymouth, MN 55442 Lawn King Inc. 7555 County. Rd. 116 Hamel, MN 55340 Heggem Bros. Landscaping 11510 Tilton Trail South Rogers, MN 55374 Seaberry Landscaping Inc. 3259 Terminal Drive Eagan, MN 55121 Midwest Landscaping inc. 15050 93rd Avenue North Maple Grove, MN 55369 CITY OF NEW HOPE Memorandum To: KIRK MCDONALD, COMMUNITY DEVELOPMENT COORDINATOR From: TOM SCHUSTER, CONTRACT MANAGER Date: SEPTEMBER 16, 1997 Re: LANDSCAPING AT 7528 42nd AVENUE NORTH Attached are bids for the landscaping of the City owned lot at 7528 4200 Avenue North. This is the former site of the Foremost Industries building. The quotes are as follows: Wrobleski's Lawn service Dundee Nursery and Landscape Co. $8,311,25 $8,443,54 $11,096.20 Midwest Landscapes All of these bids include tax and delivery, It is my recommendation that we accept the low bid. This is part of City Project #595 which involved the demolition of the building on the site and the construction of a parking lot. The landscaping of this site is to be concluded by the end of October of this year. The City Manager indicated that there were up to $10,000.00 available for the landscaping of the site, The low bid is well within this amount. A copy of the bid request is included. SEP-16-97 TUE 15:09 PARK CENTER H.S. 6125697699 P.01 Bid Proposal FOIl11 City of N~w Hope 4101 Xylon A vellue New Hone, MN 55+29 (612)531-5100 All bid prices shall be compensation in fUll for services. materials. and labor, as indicated in the bid ~peclf1cations. The Contractor acknowledges the receipt of related bid specifications and guarantees the submitted bid ~ceurately reflects these expenses. It Is understood that the City Council reserve$ the rIght to reject any or all bld$ and to waive informalities. and to award the contract in the best Interest of the City. It 16 agreed that all work shall be completed by October 31st. This bid shall remain valid for 30 day~ s~lbsequent to the 8ubrt'llttal date. In submitting this bid, the Contractor agree! that the acceptance of any or all bIds by the City of New Hope within a thirty (30) day period con$titut~8 a contract. Name of Company: D, WJ.?o ~ LGs t::=L s ta.uJ 1'\ Ser t JL6 Company Address; ~se WOO D LIV AI Phone: b tl S::S-.s - f *iY S; :~:t:::u~;e~~:u-~ ~-U\ ~b (~S ~I' ~ubmft on or ",Ort: Stptembtr 16,1&97 Submit to: Tom Schuster, Contract Manager City of N$w Hops 4401 Xylon Avenue North New Hope, MN 55428 Phone: 633--4823 ext. 1 a . ';~:,.:,: .. _~\f..: 1 "Additional copies of the above form may be :~-tl;~h:d"f' 99/16/97 13:58 2: 612 429 9797 P.92 Bid Proposal Form CIty of New Hope 4401 Xylon Avenue New Hope, MN 55428 (612)53.-5100 All bid prices shall be compensation in full for services, malerials. and labof. as Indicated In the bid specifications. the Contractor acknowledges the receipt of related bid specifications and guarantees the submitted bid accurately reflects these expenses. It Is understood that the City Council reserves the rtght to reject any or all bidS and to waive informalities, and to award the contract in the best Interest of the City. It is agreed that all work shall be completed by October 31st.. This bId shall remain valiCi for 30 days sUbsequent to the submittal date. In sUbmitting this bid, the Contractor agrees that the acceptance of any or all bids by the City of New Hope within a thirty (30) day period constitutes a contract, Name of Company: ~ ' ICJtv tt."ST. f..;A-M II)~' (.1"ti'JY!:.S Company Address: 1 50 So q~Yl4D ~1!:.. )..I:~ y/111(J~(i..tt4I~, W,N- ~?><Dl:f Phone: Lf% .. '-1'41 _.__f7\)t. ~ Y'4> -9'()7 Name of autho~ representative: r<.c ( l, ~ () lS ~'b~ Signature ~ r;2 ~2L Submit on or before; sePte~~r 16,1997 Submit to: Tom Schuster, Contract Manager City of New Hope 4401 Xylon Avenue North New Hope, UN 55428 Phone: 533-4823 ext. 13 Fax: 533-7650 n ~ "Additional copies of the above form may be attached SEP 10 '97 16: 27 PLYMOUTH DUNDEE P.l Bid Proposal Form at)' of New Hope 440J Xylon Avenue New Hope, MN 55428 (6 J2)531-51oo Al! bid prices shall be compensation in full for services, materials, and labor, as indicated in the bid Specifications. The Contractor acknowledges the receipt of related bid specifications and guarantees the submitted bid accurately reflects these expenses, It is understood that the City Council reserves the right to reject any or all bids and to waive informalities, and to award the contract in the best interest of the City, It is agreed that all work shall be completed by October 31st This bid shall remain valid for 30 days subsequent to the submittal date. In submitting this bid, the Contractor agrees that the acceptance of any or all bids by the City of New Hope within a thirty (30) day period constitutes a contract. Namen/Company: PlA,,\,,(ve.-- ~1I\\':5eY1 ~ ~<;~ a:, . Company Address: _1& 2,60 .f}.., 0 ,I tlfno4 'lQ4.{, Phone: C,I 2.- - S5Q - 4t>c4 ~ve Submit on or before; September 16,1997 Submit to; Tom Schuster, Contract Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Phone: 533-4823 ext 13 Fax: 533-7650 .'RD 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531.5100 Police: 612-531-5170 Public Works: 612.533-4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531-5175 September 24, 1997 Mr. Daniel Wrobleski Wrobleski's Lawn Service 4544 Rosewood Lane N, Plymouth, MN 55442 Dear Mr. Wrobleski: At its meeting of September 22,1997, the New Hope City Council approved the contract with your company for landscaping improvements at 7528 42nd Avenue North (Improvement Project No. 595),for $8,311.25, Enclosed are two contract documents. In the presence of a notary, please sign both copies and return them to my attention. After City Officials sign the contracts, a fully executed copy will be mailed to you, No work shall commence until you furnish the City with a certificate of insurance and performance and materials/labor bonds, As specified under section 1 of the specifications, your company shall provide these items within 14 days from this Notice of Award. lfyou fail to comply, the City may award the contract to the next responsible bidder or solicit additional bids, All work shall be completed by October 31, 1997, Our Contract Manager, Tom Schuster, can be reached at 533-4823 ext. 13 if you have any questions concerning the project. Sincerely, Y~(~IU Valerie Leone, CMC City Clerk enc. cc: Tom Schuster 'Family Styled C:tY~I^n!, .t~~\ For Family Living Ii, 'j / ~VIJ CITY OF NEW HOPE CONTRACT FOR LANDSCAPING AT 7528 42nd AVENUE NORTH For valuable consideration as set forth below, this contract dated the 23rd day of September, 1997, is made and signed by the City of New Hope (hereinafter "City") and Wrobleski's Lawn Service hereinafter "Contractor"), 1. CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto, No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. 2. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work"), is defined in Exhibit A (request for proposal). Any modifications to the work defined in Exhibit A will be made in writing. 3. CONTRACT PRICE The City agrees to pay the contractor Eight Thousand, Three Hundred Eleven Dollars and Twenty Five Cents ($8,311.25), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 31st day of October, 1997, Total amount of this contract shall not exceed $8,311.25. 4. COMPLETION DATE Contractor shall complete his performance under this Contract by the 3151 day of October, 1997 (hereinafter "Completion Date"). 5. INSURANCE/BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: b. Automobile Liability for all Automobiles: $1,000,000.00 $1,000,000.00 a. General Contractor Liability: c. Workman's Compensation: Statutory Amounts Contract Landscaping Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. This certificate must further provide that the Contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right-of-ways by either the City or any employee, agent, independent contractor, or any other person or entity retained by the City to perform the services described herein, The Contractor shall furnish Performance and Materials/Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota, and (B) are named in the current list of "Companies Holding certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the 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. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City, All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS. REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the vendor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Contract Landscaping Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and W- other purpose under this contract shall be '/51(4 ~6U?()j) LlU V l4p/S' ltuJ ~sc.f : _ ..bIZ- ~3- /'?t/ ) The address and telephone number of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428 IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. CITY OF NEW HOPE By I~~ By 'Lr)L., L 'Its City Manager .-' CONTRACTOR w/U/g~skJt t"a//1 ';;::y/F ~~ Its Representative By Contract Landscaping Page 4 STATE OF MINNESOTA ) ) ss. ) COUNTY OF HENNEPIN , J. A_cL The tcrregoing was acknowledged before me this day of G! /Gt , , 199.1-, by W, Peter Enck and Daniel J, Donahue, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. } i ~ 1. i. VALERIE J. LEONE NOTARY PUBLIC - MINNESOTA My Commission Expires January 31. 2000 1 t " r.' \ ! -. ;! I; ';.' /"---- t}.FJ .,.~} :i.U.AA LCl,~ ~u Notary Public U STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 'J < ' (.' n .' ,:he foregoing was ackno:%ledged before me on this 0< r-j -jA) day of 'rV{JJtIYJ~ , 199f.-' by of ! , on behalf of lI!l LEMUEL D. JACKSON, JR.I NOTARYPVBllC-MINNESOTA Collllll-lsslall ExpIres Jal'l. 31, 2etil lil .~"". ;;"."~ ...... g:Contract\basic FROM: MERCH~NTS BONDING F~~< NO.: 5152433854 10-02-97 02:14P P.05 THE AMERICAN INSTITUTE OF ARCHITECTS .~~I' ~ . BDND 1!:JVTNC3624 AlA DoclJrnent A3 12 Payment Bond ,611)r' o;lngular rcf..:'rencc 10 C:QnlJ<)(lor, Sur!?t)', Owner or nther D3:1y sha!1 be considered plural where applicable CONTRA.CTOR (N,lme andA.ddres,J DANIEL WROBLESKI DBA: WROBLESKI'S COMPLETE LAWN 4544 Rosewood Lane Plymouth, M}1 55442 OWNER (NamE' <Inti Addre;,): SURETY (Name and Principal Place of BuslOess): SERVICE MERCFANTS BONDING CO~PANY 2100 Fleur Drive Des Moines, IA 50321 CITY OF NEW HOPE NEH HOPE, :tvlN CONTSTRl J(T1C)N CONTRACT Dale: 10 - 2 - 9 7 / 98 AmOunt: $8,311.25 De<;cr:ptton (Name t1nd Loc~tion): BOND Date \Not earlier than Construction Contract Ddte) Amount $8,311.25 Modl\lcatlon~ tQ thls Bond 10-7-97/98 :z NonE: [j See Page I) CONTK'\CTOR ~\5 PRIN(lP.o\L Company. FROBLESKI 'S C(lMPE~rale Seal) LA~EPVIC)1 ~ /ZL Signature: . ..d_--'l:-f/!1~Jf-i/J4-' Name and Tltle Dard's;; lUrob1eski Owner (Any additIOnal slgf1iltureS appei:lr on page bJ {FOR INFORMr:"T/O;'>J O;"iLY - Name, Address .;nd Telephone! ACENT or BROKER: GREATER METRO AGENCY, INC. THE INSURANCE CONNECTION 1481 81st Ave. NE 1v!p 1 s ., MN 55432 AlA DOCUMENT A)12 . l'EI<.>ORM..r-.n 80'..0 AND PA'iM!:NT BONO' DtcEM8!:R 19~ ([1 . ,\;1\ ~ lHt /\......,ERtC~~, IN;rIT\JH, OF ARCHli{(TS. 173:; NE'VV YORK AvE , ~ V'/ vVASHINGTON. DC lOQUi.) OWNER'S KI:I-'Kt5ENTl\T1VE (Architel..l, Ellglneer or other partyj: A312.1984 4 FROM: MERCHRNTS BONDING FRX NO.: 5152433354 10-02-97 02:14P P.06 1 I he ContraOQI anOInt' Surety, Jomtly and severally, bmd them~elve:" their h('lr~, f'xf>(utnn, ;l(:!minIS!r;ltors. succes. sors and a:iSlgns to tht, Owner to pay for labor, materials and equipment furnlsh""d fur u..t' In the periormanCf: of the Construction Contract, wh ich is mcorporated herein by reference, :2 With respect to the Owner. this obllgat!un ,hall be null and void if the (,)n!raC10r: Z,l Promptly mak""s payment. dlrenly or indirenly, for all sums due C1;;l.lmants, and 1,7. D~f~nds. mdf'mnifif" ;'lncl holcls harmlpss thf' Ownpr from ail claims, d€mand~, liens or sUII.. by any person or entity whu furnbhed Itlbor. lTIClterials or ""quipment for US"" 10 the perfQrmance of the Construction Contract. pro- vided the Owner has promptly notiiled lhe Contractor and rh", Sur!:!)' iatlhl' address described in Paragraph 12) of any claims, demand" hens or suits and tend""red defense of such claims, Ol:'manos, lif:'ns or suits lC) the Contractor and the Surety, and provided there 15 no Owner Default. 3 \Mth rt:~pett to Cla'mant~, this obl.gation shall be nl.i11 and VGld If the Contractor promptly make~ payment. directly or ,ndircctly, for all sums due. 4 The Surety 5h~11 hav", no ob1ig3lion to CL;limant., under thIS Bond until, 4,1 Claimants who ar~ employed by or have a direct (Ontrec't with the Contractor have jl;1\,[>n notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, IQthe Ownc:r. stating that a claim IS being made under this Bond and. WIth substantial ;;;ccurac:y, the amount of the da.m 4,2 Claimants who do not hay\? a dire'.1 (()ntr;lU with the CQntrar~tor , .1 Have furnlshed wrlllen nOllce tf) the Contractor and ~cnl a (l)PY. ()r notice therevf. to the Owner, within \)Q d;1ys after having la~t performed labor or la~t furnl,hed malenals or eqUipment induded ,n the claim ,tatlOt?, with subslant,al .l<,curacy, the amount of the cl;lIm and the name of the party to ",hum thE;' m<lt€lIals were furnished or supplied or fnr whnm the labor was done or performed; and ,2 Have either receIved a rejection in \'lihOie or in parr from the Contractor, or not received within 30 days 01 furni~hing the above notIce any commvnication from the Contractor by which the ContractQr has IndIcated the Claim will bli' paid dirli'ctly or IndlrE:~ct. Iy; and .3 Not having been paid Within the above )() days. have senl a written notice 10 the Surety lat the "ddre.... d~",ribed in Pl;lr<lgraph 12\ and $<;;nt a copy. or nOlin' thereof, to the Owner, slatmg that a claim is bemg made under thiS Bond and enclosing a copy of the previous wfltten notice furnished to the Contractor. > If il nOlicE' r€,qu!rcd by ParOlgr;lph 4 is given by the Owner to th<;; CQntrac;tQr t)r to th.;: Suretv. thai is sufficient compli- ance, & When the Claimant has satisfied the conditIons of Para. graph 4, the Surety shall promptly and at the Surety's el<pense take the following actions' 6.1 Send an answer to the Claimant. with a copy to the Owner, withir145 days after receipt of the claim, ~tating the amounts that are undisputed and the baSIS for challenglng any amounts that are disputed, 6,2 Pay Qr arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Rnnrl, ;md rht? ...mount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Own",r to the Contractor under the Con:.tr\l(tiQn Contract shall be used for the performance of the Construction Contract and to sdti,fy d.llms, if any: under Clny Construction Performance Bond By the Contractor furnishing and the Owner accepting this Bond. they agree that all fund. earned by the Contra<.tor In the performance of the Construchon Contract are dedicat;;.'d to ~atlsty obligations of the Contractor and the Surety under \h15 Bond, subject to the Owner's priority to use the funds for the comph::tlon of the work 9 The Suretv shall not be liable to the Owner. Claimants or others for obiigations of the Contractor that ar\" unrelated to the Con,truction Contrac\. The Owner shall not be habl!! for payment of any casts or expli'nses of any Claimant under this Sond. and ~hall have under this Bond no obligations to make payments to. give nollC;;.', on behalf of, t>r otherwIse have obligatIons 10 C1aH'1anlS under this Bond 10 The 5urety h!?reby waiv!?s nOllce 01 <lny change, includ- ing changes of time, to the Construction Conlract or to r81;1ted subcontracts. pu rchasE urdErs and othEr obligations. 11 NQ suI! or action shall be commenced by a Claimant tinder th,s Bond oth€r than in a court of competent Jurisdic- tion III the location in whiCh the work or P\Hl ollhe work is locat<::d or al1.o;:rthe expiration of one y€ar from the oate \'lIon which the Claimant gave the notice reqUired by Subpara- graph 41 or Clause 42. (ili). or (2) on which the last labor or service W;<I, p<;:norm<;:d by anyone or th<? last m;ller;;>.ls or equipment wert' Il)rni~hed by <lnyont: I)ndt;r th!; Cunstruc. lion COntraCt, whichever of (I) or en li"'l occurS 11 The proviSions Of lh is Parilgraph are void (lr prohibit€d by law. thl? minimum period of limitation availabl\:' to sureties a~ a defens.e in the )uflsdiuion of the suit ~hall be applicable 12 Notic€' to the Surety, the Owner or the Cnntractor shall be mailed or dcllYcred to the addres~ ~hown ()nth;: signature page. Actual receIpt of notice by Sllff'ty. thl; Owm:r or the ComraC10r. however accomplished, shall be :;u!tIl:.I\:,nt (om- pliant!? as of the dilte received 3tthe addr!?~s shown on the slgnal!)re page. 13 When thIS Bond has been furnlsh~d 10 comply With a statutory or other legill requlfement In th", local ion where the construction was to b<? performed. any pr(Jvi~ion in Ihi, Bond COJ'1I1iClmg with ~aid statutory or legal requirement shall bE' AlA lXXVME!>;T A,12 . p[Rr(lRMI\N( t 91).'-1' ,~!'.D PAYM! ",. e.ONCl - OECEMBER 1984 Fn ' AlA" rH~ At..H~IC.~N Ihi::Tlit..iTt o~ l\R(t'HTECTS l:':'} ~...EV. YORK ,Avf N\V VVA)H;~'K-}TON, IJ.\" .?OC10t' A312-1964 5 FROM: MERCHANTS BONDING FAX NO.: 5152433854 10-02-97 02:15P P.07 deemed d€leted her"frum and pro\'ision:; ,onfarming to suCh statutory or other legal requirement shall be deemed incorporated hereIn The intent is that thiS Bond shall be constrlJ~d a~ a statutory bond and not as a common law bond 14 Upon request by any person or entity appf:aring \0 be a potential beneficiary of this Bond, the ContraCtor shall promptly fu rnish a copy of thiS Bond or shall permit il copy to be made. 15 DEfINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contrilctor orwith a subcontractor of the Contractor to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation m the terms MODIFICATIONS TO THIS BOND ARE AS FOllOWS: "labor, materials or equipment" that part of water, gas. power, light, heat. oil, gasoline, telephone service or rental equipment used in the Cun~lrUllion Contract. architectural and engineering services required for perfor- mance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may b€ asserted in the jurisdiction where the labor, materials or equipment were furnisl1ed. 15_2 Construction Contract: The agreement between the Owner and Ihe Contractor identifIed on the sisnature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, wnich has neither been remedied nor waived, to pay the Contractor a~ required by the Construction Contract or to perform and complete or comply with the other terms thereof. (5pa((' is provld'Cd l"J€$;w ior additIonal ,>ign'3t\.lr~ of added partl€s. other than those appedring on thl: cover pag"'.) CONTRACTOR 1\5 PRINCIPAL Company \.<1ROBLESKI' S \cu,pOrotd'Cill; COMPLETE ~\~ S,ERV}9E~ndI AI.! ."' .' $'gnaturp' U~~'@ 9 ~ ,,- Slgnaturl? _\QI\I'l& Y-?G iL~ Nllm<:aT1(I.Tltle' Daniel Hrobleski Name and Title ,gela Cofj dld Adur<:>y 4544 Rosewood Lane /\ddre~' 1'-481 81st Ave. NE Plymouth, 1'ofr1 55442 Mp ls,. MN 5 S4'i2 AlA DOCl!M[NT A31Z . PERPOIlMANU 80"<0 ""'0 PAYME"" 8()Nl..l . DECEM8ER 19~" m. -":A 'JC iH{ ,.o.MtRlt.l\N IN5T11'l)Tt Of "ReHiTteT:. )i"3S Nt';'i '(VK~ i-'\Vt, NVV. vv.4.SHINCTC)N, 0 (. 200(;(1 SURETY Company MERCHA,NTS BONDINr: (Coroor.lle Sea$ /U12-19M 6 Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Keith C. Louise11e, Angela Sue Cofield or Laurie L. Rage of Minneapolis and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in,Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3,1992. ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its V1ge-President and its corporate seal to be hereto affixed, this 16th day of November ,19 9.:> STATE OF IOWA COUNTY OF POLK ss ....... ."\~G CO;~'. . ~~..,.... '':'//0'. ..~~.,~ \\PO ~";..~'. . . " .........:~. 'G?:~ f'l'\" :~:- -0- 0:-. : d,... 1933 .:~: '~" :':'Y: . <>-:" ..:....C::-. ". '.:Yi{I" ::....' '\,,-~.' .. ~-, . 0....00 MERCHANTS BONDING COMPANY (MUTUAL) By ~ 7~ Vice President On this 16th day of November ,19 95 ,before me appeared Larry Taylor, to me personally known. who being by me duly sworn did say that he is Vice.President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK S5 00.0.0 .. .. .. .. .0 -r..' McC '. 0" ....-?- ........ ( '. .. .:::> .0" ....~........ .0:: '.Zo : : IOWA: : .. .. .. ~ .... ..: "" .0 '. OJ- ........ <<.,"?:' .. '. 4AIA\"'i:> .' . . 00 o. 0...... ~ x: lh(~ Notary Public, Polk County, Iowa My Commission Expires 2-19-98 I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on ~ this day of 19,. ....... h/ .// '. ._ d ..~~\~~..~q~~.. N~ ~//' ...~~..~\\PO~~..-?;.. Secretary . G? : ~ ...... '. .L . This Power-of-Attorney expires 12-31-97 . 1-:::: -0- f'l'\ :_: ':Z:: 0:3\:' MSCOB14 ~d,'. 1933 :c::::-' '~'" .:':'Y: '. 0-:.... ....q,C::-. '.~IV":,:.:" ,-,,-..' o. _ ;-, . INDIVIDUAL ACKNOWLEDGMENT: (To Be Used by Persons Who Sign As An IndividuaL) sS.: 19 , belore me personally appeared , to me known and known to me to be the individual(s) described in and who executed the loregoing agreement and acknowledged that _ he ---- executed the same for the purposes, considerations and uses therein setlorlh as __,_h ~LS . free and voluntary act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICfAL SEAL, the · S I MARSHA ROUCH , ' t-iOTMlfA'tYBLlC-MINNESOTA Notary Public, residing at My Commission Expires Jan. 31, 2000 s ~11l (Commission expires PARTNERSHIP ACKNOWLEDGMENT: STATE OF ss.: COUNTY OF ~ On this day of 19 __, before me personally appeared member(s) 01 the copartnership of _ , to me known and known to me to be the person(s) who is (are) described in and who executed the foregoing instrument, and acknowledged to me that _ he _ executed the same individually and as for the act and deed of the said copartnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICIAL SEAL, the day and year hrst above wntten. (SEAL) Notary Public, residing at (Commission expires CORPORATEACKNOWLEDGMEN~ STATE OF sS.: COUNTY OF Onthis_ day 01 19 _.__ , before me personally appeared ..__________.___.__ ,to me known to be the and __of the corporation executing the above instrument, and acknowfedged said instrument to be the Iree and voluntary act and deed 01 said corporahon, for the uses and purposes therein mentioned and on oath stated lIlatthe seal affixed IS 1I1e seal of said corporation and lIlal it was allixed and that __ he executed said instrument by order of the Board of Directors of said corporation. fN WITNESS WHEREOF, I have hereunto set my hand and affixed my OFFICIAL SEAL. the day and year first above written. (SEAL) Notary Public, residlflg at (Commission expires ________ Attach certified copy of Resoluhon authorizing execution of this instrument by Corporation. FROM: MERCH~NT5 BONDING F~X NO.: 5152433854 10-02-97 02:13P P.02 THE AMERICAN INSTITUTE OF ARCHITECTS BOND 1.I:MNC3624 AlA Documer?: AJ 12 Performance Bond Any ',Jr'guiilr 't'ft'r\'nc€ 10 ContractQr. )Vrety, Owner or .;:>tht:r p~rly shaH be CQi15ldt'red plural where applicJbi". (()t\TR."\CTOR l.Namr: and ."\ddressi DANIEL WROBLESKI DBA: DAN vffiOBLESKI'S COMPLETE 4544 Rosewood Lane P1vmouth, MN 55442 ow".;! R it'\anw "nd .A,ddrt'''''): CITY OF NEW HOPE NEW HOPE, }1N SUR!: TY (Name and PnnclpJI Place of 81)~Ine,:>,:>); LAtm SERVICE MERCHANTS BONDIN~ COMPANY 2100 Fleur Drive Des Moines, IA 50321 C()NT\TRUC II\)", l.Ur--.TR.A(T Dc,t<o' 10-2-97/98 !\muurll $8,311.25 O\",r nplnm IN,ln1V ,1I1d Location): 80":D Date (Not earlier th"n Construr..1lon Contract Date): Amount $8,311.25 MrxJifir ,l!lom 10 Ihi~ Bond 10-2-97/98 [X None C Se<::' P,lee 1 COr-:TRACTOR A.5 pRINCIPAL BOND IN6=orpQr<llt.: Seal) \/\11, .1drhllOn.il ~I!.;nalurl'~ .lPD':',lr on page 3) f{'( )1< INr ( JF<I>.J,-'\i le)N UNt y .- Name Adcfn",) drlfJ 1i.:1...phrmt'! ...\cr N I or [)R(JKE,J.{ GREATER METRO AGENCY, INC. THE INSURANCE CONNECTION 1481 81st Ave. NE Mp Is. ,}iN 55432 o.\.lA tH,)( UM[NT .';~1l - Il~Rf()R!,,-~,.A,~CE SO~..D A!'~U !'.-,\YMH,H BONn. D~r~'vH;tR 1qB~ UJ . Alo\ " Ill! -\".Yl!-:i( ;'I..r'~ 1r......ililH Ol .AR(H!nrr~ 1':';-:S :"'~pt'~. YOKX :'\vr _ ,",1/\' \,.;A,~t-.w'",cn:)N Q.C lO:i;;~ O\NNEK.'S KEPRblNTA.T1VL iArc;hll(.'l.l, ~ ngln\'er or olher Pclrtyl, A312-19841 FROM: MERCH~NTS BONDING F~;< NO.: 5152433854 10-02-97 02:13P P.03 1 Th~ Contractor and the Surety. JOintly and severally, bind themselves, their heirs, executors, administrators, succes- sors ;lnd assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. :z If the Contractor pt>rfQrms the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, ex.cept to partlcipale in conferenCl:5 a5 provided in Subparagraph 31. 3 If Ihere is no Own!;r Ddilult, Ihe Sure!)"s obligation under this Bond shall arise after: 3.1 The Owner has notified the Contraclor and the Surety at Its address described in Paragrap;, 10 below that the Owt"ler is cO!'l<;ideflng dei::laring a Contractor Oefavll and has requested and attempted to arrange a conference with the Contractor and IhE' Surety to b€ h<:ld not later than fifteen days after receipt of such notin: to discuss methods ot performing the Construction Contract. If Ih(' Own<:r, the Contractor and the Surely agree, the Contrac- tQr shall be allowed a reasonable time to perform the Construction Contract, but such an agreem, 11 shall no, waive the Owner's right. if any, subsequentlY to declare a Contraclor Default; and 3,2 The Owner has declared a Contractor Default and formally terminated IheConlractor', righllQ complete the contract SUCh Contractor Default shall nol be declared earlier lhan Twenty days after the Contractor and the Surety have received notice as provided In Subparagraph 3.1; and - 3,3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the term, of the Construction Contract or to a contractor selected to perform lhe ConstrUCtlon Contract In accordance with the terms of the comract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surely's €"-pens€ take ono: of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner. to perform and complete the Construction Con, lr<1ct;or 4.2 Undertake to perform and complete the Construc. tion ContraCI itself. through its agents or through inde- pendent conlractors; Or 4.3 Obtain bids or negotiated proposals from quahfied l::c;>ntractor:; ilIl::ceptable to the Owner for a comract for performance and completion of the Constructlun Con- tract, arrange lor a contract to be prepared for execution by the Owner and the contractor selected WiTh the Own- er's concurrence, to be secured wilh performance and payment bonds el<ecuted by" qv"lified SlJre!:y equiv"ltJnt to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as der-cflbed in Paragraph & ;n e"-cesS of the Balance of the C:ontract Price incurred by the Owner resulling Irom the Contractors defatllt; or 4.4 Waive its right to perform and compkt€', arrange for completion, or obtain a new contractor and with rea- sonable promptne" under Ihe circumstances: ., Afler investigation, determine thl: i1mounl tor which il mil\!' be liable to the Owner and. as soon as practible after the amount is delermined, tender f)4ymentlherefor to the Owner; or .2 Deny liability in whol\" nr in part and notify the Owner (Il1ng re..sons therefor. :> II the Surety does nOt proceed as provided in Paragraph 4 wilh reasonabl~ promptness. the Surery shall be deemed to be in delault on this Bond fifteen days after re(~ipt of an additional vvritten notice from the Owner to the Surety d~manding that th~ Surl;lty perform its oblig;nions under thi, Bond, 1nd the Owner shall be er'ltitled to enforce any remedy available to the Owner. If the Surely prvceed5 <IS provided in Subparagraph 44. and the OwnE;r refuses the payment tendered Or the Surely has denied liabIlity, in whole or in pan. without funher nQ!ic~ the Owner shall be entitled to enforce any remedy available to the Owner. I) After Ih" Owner ha, terminated the Contractor', right to complete the Con~(ruction Contract, and if the Sllfety elects to act under Subparagraph 4.1. 42, or 4.3 ab,'Ve, Ihen the respon5ibdltle~ of the Surety to the Owner ~hall not be greater than those of the Contractor under the ConSlrllction Contract. ilnd the resPQnSlbilitiesl7f Ihe Owner 10 Ihe Surely shall not be greater than those 01 the Owner under Ihe ConSlrUC!ion Contract. To the limit of the amQvn( ot tl'is Bond, but >vb,!:c! to c:ommitment by the Owner 01 the BalanCE; of the Contract Price to mitigation ot costs and damages on the Construction Cem!r;}C!, lhp Suro!ty ;, ob. ligated withuut duplication for: &.1 The responSibilities of the ContractOr tor correction of defec1lve work and completion of th~ Construction Contr3ct; /;,2 Additional legal. deSign profe~510nal and delay costs resulting from the Contractor's Oefault. dnd resulting from the auion~ rJr fililure to (let of th'" Sur~ty under Paragraph 4, and D.3 Llquldah,d damages, or If no hQv1dated damages are specified in the Construction Contract, actual damages caused by delayed performance or non,perforrnance of the Contractor i The Surety shall not be liable 10 the Owner or others for obligations ~f tht Contractor Ihat are unrelated to the Construction Contra, I. and the Balance of the C:ontract Pnce shall not be reduced or set off on acc-ovnt of any such unr",lated ohhp,ahons. No right of action ,hall accrue on thiS Bond to any Der'-O:1 or entity other than the Owner or Its heirs, e"ecutors, administrator:; or 5UCCCo;,c;>r,. 5 The Surety hereby waives notice of any change, including changes of time, tu the Conslru.:;lion Con\filC1 or to related $ubcontracts, pvrcha~e orders and other obligations 9 Any proceeding. legill or f'quit3bh:. under thiS Bond may be instilllled In an\. court of competent !urisdichon III the IUl,lliun in which the work or part of Ihe work i, l<.>catcd and shall be instituted Within two years after Contractor Defavll or withm two years otter the Contracte>r ceased working or within two Y~ars ;;tl'?r the Sv rety refuses or fails to perform its obligations' under thIS Bond, whichever occurs first If the provision:, uf thi~ Paragraph are VOid or prohlblled by law, Ihe AlA OOCUMENT ...3Q , PtRHJRMN'-(t SO,'"O AI-.D P,~YI.'!I'oT 90NO . LlLCtMBfR l<)M Hl . AI'; " THE AMfRICAN IN:,T;l\) rE 01' AI{UilltL rs. 17,; ,>.!iVY YQRK AVE r-. Vii. WA~HI""." TON, \) l .:n:;q; A312,1984 2 FROM: MERCHRNTS BONDING FRX NO.: 5 I 52433854 10-02-97 02:I4P P.04 minimum penod 01 limitation avaIlable to suretieS as Ii defens€ in th", illr~i(1iction of the suit shall be applicable 10 Notice to the Surety, the Owner or the Contractor shall be m311ed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to complv with a statutory or other legal requirement in the location where the !.:onstruction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to ;uch statutory or olhpr legal requirement shall b€ deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEfiNITIONS 12.1 Balance Qf the Contract Price: The total amount payable by the Owner to the Contractor under the Con. MODlflC~TIONS TO THIS BONO ARE AS FOLLOWS: struction Contract ~l1er all proper adjustments h,wl;' ~en made, including allowance to the Contractor of any amounts received or to be received by the Owner in senlement of insurance or other claims for damages to which the Contractor is entitled, reduced bv all valid and proper payments made to or on behalf of the Contractor under the Construction Contract, 12.2 Construction Contract; The agreement between the Owner and the Contractor identified on the signature page, Including all Contract Documents and change!^- thereto. 12.3 Contractor Default: Failure of thi! Contractor. which has neither been remedied nor waived, 10 periorm or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other term~ thereof, l~pa~t! I~ prOVIded below for addItional Slgniltures of added partle~, (/lher than thos<; .lpp~wing on the cover page.) iC<lrpor;l.le Seall A312-1984 3 AlA DOCUMENT A3H . PFRfORMANCE SOND N'[) PAYMEN' (lOND' 'JEctMBER 19!\4 W . AlA .:lj) THE AMERICAN 1N5T\TuTE (), ARCHITECn, 17J5 NlW YORK AvE. N,W. WASHIN,jiVN, c:C 20(}Ob Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of fhe State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Keith C. Louiselle, Angela Sue Cofield or Laurie L. Hage of Minneapolis and State of Minnesota its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANT'S BONDING COMPANY (MUTUAL), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By,Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3,1992. ARTICLE II, SECTION 8. - The Chairman of the Board or President or any Vice President or Secretary shall have power and author- ity to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, this 16th day of November ,19 95 ....... ...\\\G CO... · ~~..,.....,~,.o.. ..~~..~ \\p 0 ,s>-i"-?~.. · . <:.> .......;.4. ."':<- l""'. :~:- -0- 0:-. :.:s:.... 1933 .:g: .~. :':'Y: . 0-:' -:>.~. ... ~ii;" :,:,:" \"\,:.. 00000.:000. MERCHANTS BONDING COMPANY (MUTUAL) BY~ 7;L-- Vice President STATE OF IOWA COUNTY OF POLK S5 On this 16th day of November ,19 95 ,before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is Vice-President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK S8. 0....0 o. eo ...~>. 'f.,., MoO .... 0" ,,'" ........ ( o. .. .:::> ..- -.. '"9...... DO .0:: '.z. : : IOWA: : .. .. . "t- '. .: " . ... 0;-........... <y'?' .0" .. 4A/A\...'" .. . . · 0 00 ..0.... Oph K lhL~ Notary Public, Polk County, Iowa My Commission Expires 2-19-98 I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER.OF.ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on ~ thiS day of 19,.. . · . · . · . . h~ J ;ft ..<,\\\\G COA~.. ,,0<~. '../ ~ ' . ~\>., ..... "1',.0. ~ ...~~.,~ \\p 0 i1~..-?;'.. Secretary . ",: <:.> ..... '. ;.4 . ThiS Power-of-Attorney expires . 1-: :: - 0 _ l"" : _: .Z: 0:==. MSC 0814 : .:s:.'. 1933 : c::- · .~'" .:':'Y: . 0.:'. .'j,~. .. ~Jit.,,:,.,\"\~.. 000... ':;:'; 00 STATE OF INDIVIDUAL ACKNOWLEDGMENT: (To Be Used by Persons Who Sign As An Individual.) ('\/\' \ r l \ '(\ '1'\ c:.. S (.j--',-O--, COUNTY OF sS.: On this 19 , before me personally appeared , to me known and known to me to be the individual(s) described in and who executed the foregOing agreement and acknowledged that he -- executed the same for the purposes, considerations and uses therein set lorth as _h L:._ free and voluntary act and deed. N (Commission expires PARTNERSHIP ACKNOWLEDGMENT: STATE OF sS.: COUNTY OF ~ Onttlis dayol .... 19 __, belore me personally appeared member(s) of the copartnership 01 ' to me known and known to me to be Ihe person(s) who is (are) described in and WflO executed the foregoing instrument, and acknowledged to me that he _ executed the same individually and as for the act and deed 01 the said copartnership. IN WITNESS WHEREOF, I have hereunlo set my hand and allixed my OFFICIAL SEAL, tile day and year first above written. (SEAL) NOlalY Public, reSiding at (CommiSSion expires CORPORATEACKNOWLEDGMEN~ STATE OF ss.. COUNTY OF On this dayol 19 , before me pelsonally appeared , to me known to be lhe __.________._____ and 01 the corporation executing Ule above inslrument, and acknowledged said instrument 10 be the lIee and voluntary act and deed 01 said corporation, lor the uses and purposes therein menlioned and on oath slated that the seal atlixed is Ule seal 01 said corporation and Ulal it was allixed and ttmt he _ executed said instrument by order oflhe Board 01 Directors 01 said corporation IN WITNESS WHEREOF, I have hereunlo set my hand and allixed my OFFICIAL SEAL, the day and year first above written. (SEAL) Notary Public, residing al____________________ (Commission explfes _______.________________ --.-- ) Attach certified copy 01 Resolution authorizing execution olUlis inslrument by Corporalion. A.~4~ltl.@ CERTIFICATE OF INSURANCE DATE (MM/DD{YY] 03/10/97 PRODUC:ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION GREATER METRO AGENCY, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1481 81st Avenue N E HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Minneapolis, MN 55432-2115 COMPANIES AFFORDING COVERAGE COMPANY AWestern National Insurance Company INSURED COMPANY Daniel Wrobleski, DBA: B Dan Wrobleski's Complete COMPANY Lawn Service C 4544 Rosewood Lane Plymouth, MN 55442-1903 COMPANY D COVERAGES THIS IS TO CERTlFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlFICATE MAY BE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRiBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE 'POLICY EXPIRATION; LIMITS LTR nATF:(MM/DOfYY): DATE (MM/on,lYV) A GENERAL LIABILITY BPI06539 02/01/97 02/01/98 GENERAL AGGREGATE $** _.0: COMMERCIAL GENERAL LIABILITY PRODUCTS.COMP/OP AGG'$ CLAIMS MADE X: OCCUR' PERSONAL&ADVINJURY :$ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ _._- . FIRE DAMAGE (Anyone fire):$ XPD Ded:250 -- M ED EXP (Anyone person) $ A AUTOMOBILE LIABILITY BPI06539 02/01/97 02/01/98 $50 0 , 0 0 0 X COMBINED SINGLE LIMIT ANY AUTO - ALL OWNED AUTOS BODILY INJURY -- SCHEDULED AUTOS . (Per person) HIRED AUTOS BODILY INJURY (Per accident) $ NON-OWNED AUTOS : PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY.EAACCIDENT $ -- OTH ER THAN AUTO ONLY: i ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ - UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM' , $ WORKERS COMPENSATION AND STATUTORY LIMITS i EMPLOYERS' LIABILITY EACH ACCIDENT $ - THE PROPRIETOR/ INCL DISEASE. POLICY LIMIT $ PARTN ERS/EXECUTIVE : DISEASE-EACH EMPLOYEE'$ OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **GENERAL LIABILITY LIMITS** Bodily Injury $500,000/$500,000. Each Occurrence/Aggregate Property Damage $100,000/$100,000. Each Occurrence/Agqregate CERTIFICATE HOLDER CANCElLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of New Hope EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL %Tom Schuster Jl..l.Q. DAYS WRITTEN NOTICE TO TH E CERTIFICATE HOLDER NAMED TO TH E LEFT, 5500 International Parkway BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY New Hope, MN 55428-3508 OF ANY KINO UPQN TttE COMPANY, ITS AGENTS ~EPRESENTATIVES. AUTHORIZED REP~ ~:~ (!~ L '4JJI .... ACORD 25.S (3/93)1 of 1 :I:l:SI3449/M1.3448 I 18 {..Ar' ACORu 1993 4401 Xylon Avenue North New Hope, Minnesota 55428.4898 City Hall: 612-531.5100 Police: 612-531-5170 Public Works: 612-533.4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531.5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531.5175 October 8, 1997 Mr. Dan Wrobleski Wrobleski's Lawn Service 4544 Rosewood Lane N. Plymouth, MN 55442 Dear Dan: Enclosed is a fully executed contract for the landscaping improvements at 7528 42nd Avenue North (Improvement Project No. 595). Also on file is a certificate of insurance and the required perfonnance and payment bonds each for $8,311.25, I'm sorry about the confusion regarding the bond requirements, but appreciate your willingness to comply with the contract requirements, The City has always been pleased with your previous work. Please call either Tom Schuster or me if you have any questions, Sincerely, 0-mu~ Valerie Leone, CMC City Clerk enc. cc: Tom Schuster, Contract Manager/City Forester Family Styled City~ For Family living COUNCIL REQUEST FOR ACTION 6-9-97 .N!enda Section DeveTopment & Planning Item No. Originating Department City Manager Approved for Agenda By: Kirk McDonald Management Assistant By: 8,6 RESOLUTION AWARDING CONTRACT FOR BUILDING DEMOLITION AT 7528 42ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 595) At the May 12 Council meeting, the City Council passed a resolution approving plans and specifications for the demolition of the City-owned building at 7528 42nd Avenue and authorized advertisement for bids. Bids will be opened on June 5 and will be presented to the Council on June 9, The City Attorney has prepared the enclosed resolution awarding the contract for the building demolition and paragraph 3 of the resolution will be completed after the bids are opened, The demolition will be financed with 42nd Avenue Redevelopment TIF funds. As you are aware, the City acquired the building from Foremost, Inc, several years ago and leased the building to Phoenix Manufacturing, The lease with Phoenix Manufacturing expired after the first of the year and they vacated the building, Earlier this spring, the Council approved the sealing of wells on the property and an environmental survey of the site. All work has been completed and the building is ready for demolition, The long-term goal of the City is to rezone this and adjacent properties from industrial to commercial use and to redevelop the site, The plans and specifications call for demolition and removal of the existing structure and its materials, Site restoration will include topsoil borrow and seeding, The plans call for the removallreplacement of approximately 90 lineal feet of curb along Quebec Avenue North, The plan includes alternates for the construction of two different sized parking lots, which would provide parking for 28 and 89 parking stalls, respectively. Both plans assume a temporary design, which includes a 6-inch thick bituminous surface. Concrete curb is not included, The large parking lot design assumes that a new storm sewer system (catch basins/25-foot pipe) would collect storm water runoff while the small parking lot design assumes overland drainage. The large parking lot design assumes two access points (42nd Avenue and Quebec Avenue) while the small parking lot assumes one access (Quebec Avenue). The construction cost estimate for each parking lot design is as follows: Parking Lot - 89 stalls $43,750,00 Parking Lot - 28 stalls $17,100.00 MOTION BY, '17 -IK >>,y. . TO: tal a- c C /y;; -<J q 7 - / () <..1 SECOND BY / IIW{lL//I- t! /}/Fi.JLM,X: Review: Administration: Finance: RFA-OOl Request for Action Page 2 6-9-97 Staff has included the alternates only for bidding purposes and assumes the lots would not be constructed unless an agreement was reached with a neighboring business to finance the construction of the temporary lots, On June 3 the City Manager met with the owner of the Sunshine Factory to review the parking lot alternates and costs, Randy Rosengren indicated that, depending on the bids, the Sunshine Factory may have an interest in financing one of the temporary parking lots, After the bids are tabulated, if agreements can be reached with the Sunshine Factory, the Council may want to award the bid with one of the parking lot alternates. Due to the fact that it may take several weeks to prepare the maintenance and financing agreements between the City and Sunshine Factory if the parking lot construction proceeds, the Council may want to postpone the contract award until June 23, If a determination is made not to proceed with the parking lot construction, staff recommends approval of the resolution as presented. RESOLUTION NO 97-~ RESOLUTION AWARDING CONTRACT FOR BUILDING DEMOLITION AT 7528 42ND AVENUE NORTH IMPROVEMENT NO. 595 BE IT RESOLVED by the City Council of the City of New Hope as follows: 1, That bids for the building demolition at 7528 42nd Avenue North identified as City Project No, 595 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11 :30 o'clock a.m, on the 6th day of June, 1997, as heretofore authorized by this Council, 2, That advertisement for bids for the demolition of said building was published in the New Hope-Golden Valley Sun-Post, the official newspaper of the City, on the 14th day of May, 1997, and in The Construct ion Bu 11 et in on the 16th and 23 rd days of May, 1997. 3, It is hereby found and determined by this Council that the bid of F,W, Gartner & Co. for the demo1 ition of said building in the amount of $ 87,171.40 is the lowest responsible bid submitted for the demolition of said building; that Bonestroo, Rosene, Ander1ik & Associates, Inc., Engineers for the City, have recommended to this Council the said low bid for the award of the demolition contract to the designated lowest responsible bid. 4, The Mayor and Manager are authori zed and di rected to enter into a contract for the demolition of said building in the name of the City with the lowest responsible bidder, subject to the said contractor furnishing a public contractor's surety bond, conditioned as required by law, Adopted by the Council this 9th day of June, 1997, :- ...--, ;' //:';<.,~;.! ><::) /'~ ~'--;/~~ "'~~~ W, Peter Enck, Mayor Attest: /,~ Valerie Leone, City Clerk C:\WP51\CNH\FOREMOST.RAC JUN-03-97 TUE 15:14 P. 02/03 5'tEVE!1 A. 5OHDRAU. MICHAEl. II. UFLE\IR YARTIN P. J.lALECHA W1LJ..lA1.l e;, !>TIWT CORRICK & SONDRALL, P.A, A'l"l'ORN1tY~ kr LAW Edinburgh Executive Office Plaza 8525 EOinbrOQlt crOSSing Suite :tt203 Brooklyn Park. Minnesota 55443 TeLEPIlONi {612} 42S-5671 FAX (G12) 42!i>$llG7 ~~.urr lmAftON O. DERlIV June 3, 1997 Kirk McDonald City of New Hope 4401 Xylon Avenue North New Hope. MN 554?8 RE: Foremost Property Demolition Contract Our File: 99.10000 DScH' Kirk: Please find enclosed for consideration at the June 9, 1997 CounGil meeting the enclosed Resolut.ion Awarding Contract For Building Demolition At 7528 42nd Avenue North Improvement No. 595, Paragraph 3 of the resolution Gan be completed aft.er the bid open i ng on June 6th, Contact me if YOU have any questions or commAnts regarding this resolution. Very truly yours, ~ Staven A. Sondrall z1t1 enclosure cc: Dan Donahue Val~rie Leone BONESTROO AND ASSOCIATES fir 612 6361311 06/06/97 14: 17 I5l : 02 NO:712 ~ . 1\11 Bonestroo Rosene Anderfik & Associates BOn,.'tfna. Nosene, ATlf1~rll;': iJlld A Ut)t J.ftt"t, Inc IS ,,:'11 Aflirm~fl...C A(. rion.'EqtJitl OppOrtunity rnlJ)h)jlt!1 PnnrJp;tJ-.: Ont,) G. 9onrUI'(I('J. Pol: . J(u~ph '- At"H.J~( Ilk, t',L. . MilrYIl1 L. .$urV,tJ.1. Pc . Ri<hard F.. rumer, P.C. . (d..nn R. Cook, P.F . !lObCr! G, 5, hunlcht. P.E. . Jerry A /iolJloon, P... . Ruu..rl W. Rosene, P.C. ,meJ ~U<"n M. CtJ",lin, (' I'A. 5enju, ComI.JIt<lI1tS A.,u"'~tt' Principals, Jjowarq ^ SMfo,d, P.f. . K('f!h A. Gordon. PE. ' RotJ"r1 R. I'f"t1erle, P.C. . Rlal.nd W. Foster, P.E:. , O;lV,rt C,l L05ku!.., P.f. . HObCr! C. Ru"..k. II 1.11. . Ma,k A. Hanson. r.E. , Mlch..,,1 T. ~"utma/1n, P.r:. , r..rt !C.Fleld, PC. . X..nncth P. And..,.,on, 1'1; . Mark R. Rnlf<. PI; . Sidney P. Willi"""on. P.E.. R.S. . Rob"r! F l(olsrnilh Offices: 51. Pdul. Rochesler. Willm..r "nrt ';r ('1"""1. loAN . Mllw'"uk..... WI E"gineers & Architects June 6. 1997 Kirk McDonald City of New Hope 440 I Xylon A venue North New Hope. MN 55428-4898 Re: Building Demolition at 7528 - 42nd A venue NOM City Project No. 595 BRA File No_ 34205 Dear Mr- McJ)onald: Bids were opened for the project Slated above on Thursday, June 5. 1997. Tr-.msmitted herewith is a copy of the bid tabulation for your infonnation and file. Copies will also be distributed to each bidder. The following summarizes the results of the three bids received. Alternate A Alternate B Contractor li!u.e Bid (89 ~att. Stalls) (28 Pqrk. Stalls I Low F.W. Gartner & Company $44,484.30 $42.687.40 $20.000,00 #2 K~vitt Excavating, Inc. $50,780.00 $47,001.50 $20,486.50 #3 Veit & Company, In\,;, $50,809.00 $46,204,00 $17,806.00 Tho low bidder on the project was F,W. Gartner & Company with a Base Bid of $44,484.30. This compares favorably with the Engin~r's Estimate of $77,000.00 for the Base Bid. These bids ha.ve been reviewed and found to be in order. Therefore, we recommend that the project be awarded to F.W. Gartner & Company. A determination will have to be made regarding whether to include the alternate bid. F.W. Gartner & Company has not worked in New Hope, however. discussions with them indicate they have done similar demolition in Minneapolis. Should you have any questions, please feel free to contact me. My direct number is (612) 604-4838. Sincerely. BONESTROO, ROSENE. ANDERLIK & ASSOCIATES. INC. ~an~7:~ MAH:pah:enc cc: JDP, VTV. JKI 2335 West Highway 36 · St, Paul. MN 55113. 612-636-4600 . Fax: 612-6.lb-I.~11 BONESTROO AND ASSOCIATES 1i' 612 6391311 06/06/97 14:17 I5l :03 NO:712 1= Associate n In!tJ'~~Arclllt~t Bid 0 nin Demolition al 7528 - 42nd Avenue North 11 :30 a.m., C.D.S.T., Thursda ,June 5, 1997 File No. 34205 Owner Ci 1 hereby certify that this is an eX4ct ~7 /.- / / rcproduvliun tJfhids received ~'N p, ork A. H"",=:::'''ativn No. 1426/! BID TABULATION Tabulation of Three Low Bids of Three Received BId No.1 BJd No.1 Bid No.3 F.W. Gartner Kevitt Velt " Company ExcavQtbul. Inc. & CompanY,lnc. Unit Unit Unit No. Item Unit Otv. Price Total Price Total PrIce Total BaKl\ lUll . Dun~ l)vmllllllnn RClllllvnlllntl r.IlfpoUl vf l.IIl fJ iuhh.: ashll.'\h.., ("JIllllining 1lI11lCrialx from wilhin U\e hllilding SP ~ 840 3.22 9,14<1.110 5.40 IS.::136.00 2.33 6,617.20 :2 Dl:mnlition nf .'\Si~lin~ l-ulldillll inl;luding hilllJllUlQlIj PIlV\;Jll;nt and nlllie. :;Iub un gr"d~ and timnl1ntill"'l. J'l.:UlO't'lI1 /Ul.d dlspo5al flUlIIlhl.'l site IlIld ufilily shut off L."i 1 27,l20.00 21,120.00 25,483.00 25,483.00 :n,109.00 37,169.00 :;l RC"llluv\; ann replnl.... Itlll II IIml gutter LF l12 30.00 3,360.00 28.00 3,136.00 13.15 1,472.80 4 Furnish IlIld place topsoil CY 250 lUB 2,070.00 12.50 3,125.00 9,20 2,300,00 5 Seeding AC I 1,74{).00 1,74{),OO 2.050.0{) 2.050.00 1,800.00 1.800.00 6 Sod Sy 150 4.33 649.50 6.00 900.00 3.00 450.00 1 48" x 411" metal sigIl!l EA 2 200.00 400.00 315.00 150.00 500.00 1,000.00 Total BII.~ Bid $44.484.30 $!l"{l,780.00 $OO,flO9,OQ Alternate aId A Pilrking Lot (89 "Parking Stalls) ~ Trlilll\; Cunlrn( LS 1 lOU.OO 1011.00 350.00 350,00 300.00 :lOO.OO 9 Cummon Oll(\,'IVllli<.1n Cy lAOO ~.2Q 0,006.00 5.:~O 7.420.00 ~.OO ./ ,000.00 111 ~lIh(."fll.L,- I,'XCllYll!.iIlD Cy 100 0.00 (.00.00 1I.~ 850.00 ~.4() ,j4O.00 U Sl;I\;l;1 r,ranlllur """,.''''' l:Y lno 12.10 1,210.00 J6..su 1,(I:'ll).OO II. HI 810.00 12 15" ~r:F, r:ltm.~ ~ 1.1' 25 '1HiO 1,1)90.00 G1.(J{J 1 ,67~.00 30,00 7.'11.00 J3 CnnlllrU(:1 MH liver exi.uinl~ 11" RCP RA 1 1,090.00 1,fl!)().OQ I,SUll.OO 1.800.00 2.275.00 2,27:i.00 14 2' Jt ;r I:llten O.l&in EA 1,090.00 I.Wt.l.oo 1.280.00 1.280.00 1.600.00 1.600.00 15 Subgrnde preparation SY 3.400 0.50 1,100.00 0.70 Z,380.00 0.70 2,3110.00 16 Class:; aggregate ba.'lC TN 1.465 9.50 13,917.50 9.50 13,917.50 10.00 14,650.00 17 6" diatneter bollards EA 4 100.00 400.00 85,00 340.00 150.00 600.00 18 Type 41 bilum. wcaring COUIlie (2" thick) TN 450 28.00 12.600.00 28.ll() 12.600.00 31.00 13.950.00 19 Bituminous curb L.F 20 lS.OO 300.00 15.00 300.00 11.00 220.00 20 2" bituminous trail (2" thick) SY 60 18.00 1.080.00 18.00 1.0&0.00 7.70 462.00 21 4" SOlid while paml LF 2,100 0.24 504.00 0.19 399.00 0.11 357.00 21 Remove and n:place curb and gutter LP :30 33.33 999.90 32.00 960.00 17.00 510.00 Total Alternate Bid A $42,6".40 $4' ,001 .~O $46,204.00 342051n. WB2 BONESTROO AND ASSOCIATES Total Alternate Bid B ParlIJng 1.01 (28 Parking StllllJ;) 23 Traffk ~",ntrQl 24 (;ommon ~"~I.\('lIjlln 2:; Sll~~de eAcuvlltion I.t. fl.'Jr.:1 grnnular borrow 27 Subgnldc pl'Cpararion 211 CIW,h 5 ugJ;;ll"gllh: bust: 29 Type 41 hiiuminOIlS wCAring course (2" thh:k) 30 Bituminous trnil (2" thick) 31 4" solid while paint 32 Remove and repln~ curb and gutter Tolal Allernale Bid B F'mn NBIDC Addn::&s City, State. Zip Phone Pax By Title ~'Jf, Bid Sccurily Mww" Al.'lwllWkdgl.-d :~421l~BT.WB2 11 612 6361311 LoS I CY .'inn CY 50 Cy ~O SY 1,310 TN 550 TN 200 SY 30 I..F !ISO LF 30 100.00 UQ lWO 12.10 0.7:5 10.50 30.00 18.00 O.5S 40.00 100.00 2.ll50.00 alOO.OO 605.00 1,027.50 S;175.01l 7,200.00 540.00 302.50 1.200.00 $20,IlOO.00 F. W. Oanner & Co.. Inc. 6331 . 84th Ct B1'OO1lyn Pad. MN 55445 612.363..3215 612.425.5610 FOn'c!l1 Gl\Itl1C:f Owner Bid Bond Nom: l!sul;d 06/06/97 14:17 I5l :04 3:10.00 5.~\O 8.:50 17.50 un IO.S{) 36.00 18.00 0.19 32.00 350,00 2.750.00 425.00 875.00 1,507.00 $,775.00 7.200.00 540.00 104.50 960.00 $10,486..S0 Kevitt ExcavlIting, Jnc. 33:1S Pcmn."yl't'anill Av N C..f}'llW MN 5~22 612.545.3557 612.S4SSl35 Scott Kevitt ~ident Bid Bond None IIWlM 500.00 5.50 J.4Q 8.10 0.80 9.73 ;n.oo 11.00 0.17 17.00 Vcit &: Co.. 1m:. 14000 Vcit Place Regen, MN SS374 612..428.2242 612.428.8348 Dm1 R lIChc:l President Bid Bond None Issued NO:712 :ioo.m) :Z,7!10.00 170.00 40:1.00 t ,096.00 5,351.S0 6,600.00 330.00 93.50 SlO.<lO $17,806.00 Bone ~roo -:esrroo. ,7osent'. Anderf,k,',;: Associate5. ~'nc IS ,'n Ar'- - ',:;lve ActlorEcu,.:;! OPP(Hf: ,- t1Clpals: Otto G. 8onesrt'::(' ::-;:.' Josepr. C .~.ndf'r!::.:. P.E. ,'.,;1arvln L. 50r':,;;la. PE, . :Cflc';rd E. iurner. PE. . GJer-.~ Cooi<.. PE. . Thoma::; E. t.JCYf ?E. Robert G, SChunlCh~ '?rry A. Bourdon. PE . Robt'r; 'J/. Rosene. PE. and Susan M :erlin. CPA.. Senior Consu," nt:): Ms::ocidte PrinCipals.' Howard A. Sanford. PE. . Keith A. Gore.,"', P.E. . Roben R Pfefferle. ;:E . ;~I(!:arQ W. Foster. PE. . David 0 Loskota. PE. . RObert C. r~ussek. A.LA. . .\1ark A_ Hanson. ?E. . ,\1IChael T. Raurmann. PE. . Ted K.Field. ?E. . Kenneth P. Anderson. PE. . Mark R ROlfs. ?E. . Sldney P ';,f/ll/lamson. ?E.. LS. . RObert F. Kotsmlth OffIces: St. Paul. Rochester. Wilfmar a~d Sc. Cloud, MN . Mequon. WI i?oser:.~ ~.~':~ 1\]1 ~~~~~~e~ Engineers & Architects MEMO TO: Kirk McDonald FROM: Mark Hanson DATE: May 6, 1997 SUBJECT: Foremost Building Demolition Parking Lot Alternatives City Project No. 595 Our File No. 34205 Attached are two cost estimates to construct two different size parking lots after the Foremost building is demolished at 7528 - 42nd Avenue. The two parking lot sizes are based on providing 89 parking stalls and 28 parking stalls. The two layouts are attached. Both layouts. assume a temporary design, which includes 6-inch thick gravel base and 2-inch thick bituminous surface. Concrete curb is not included. The large parking lot design assumes that a new storm sewer system (catch basins / 25-foot pipe) would collect storm water runoff while the small parking lot design assumes overland drainage. The large parking lot design assumes two access points (42nd Avenue and Q"l!ebec Avenue) while the small parking lot assumes one access (Quebec Avenue). The construction cost estimate for each parking lot design is shown below. Parking Lot - 89 stalls Parking Lot - 28 stalls $ 43,750.00 . $ 17,100.00 2335 West Highway 36 · St. Paul, MN 55113-3898 · 612-636-4600 . --.,- ~'f' "'"v . '~"~~~0 , PRELIMINARY ESTIMATE FOR FOREMOST PARKING LOT - 89 STALLS FILE NO. 34205 Otv. 1,400 100 100 60 25 1 1 1,460 450 60 20 60 2,100 180 0.5 1 Unit Item CY Common excavation @ $5.00 / c.y. CY Subgrade excavation @ $5.00 / c.y. CY Select granular borrow @ $6.00 / c.y. LF Remove concrete curb and gutter @ $5.00 / 1.f. LF IS" RCP, Class 5 @ $30.00 / 1.f. EA Construct MH over existing 21" RCP @ $1,600.00 / ea. EA 2' x 3' CB @ $1,000.00 / ea. · TN Class 5, aggregate base @ $7.00 / tn. TN Type 41 bituminous wearing course @ $30.00 / tn. LF Concrete curb and gutter @ $15.00 / 1.f. LF Bituminous curb @ $10.00 / 1.f. SY 2" bituminous trail @ $10.00 / s.y. LF 4" solid white paint @ $0.50 / 1.f. CY Topsoil borrow @ $10.00 / c.y. AC Seeding @ $1,500.00/ ac. LS Traffic control @ $2,000.00 Subtotal + 5% Contingencies TOTAL CONSTRUCTION COST i:\34\34205\p re lm_est ( Cost $7,000.00 600.00 600.00 300.00 750.00 1,600.00 1,000.00 10,220.00 13,500.00 900.00 200.00 600.00 1,050.00 1,800.00 750.00 2.000.00 $41,670.00 2.080.00 $43,750,00 PRELUMrnNARYEST~TE FOR FOREMOST PARKING LOT - 28 STALLS FILE NO. 34205 Q!L 500 50 50 550 170 550 50 0.5 1 Unit Item CY Common excavation @ $6.00 / c.y. CY Subgrade excavation @ $5.00 / c.y. CY Select granular borrow @ $6.00/ c.y. TN Class 5, aggregate base @ $8.00 / tn. TN Type 41 bituminous wearing course @ $40.00 / tn. LF 4" solid white paint @ $0.60/ !.f. CY Topsoil borrow @ $10.00 / c.y.. AC Seeding @ $1,500.00 / ac. LS Traffic control @ $2,000.00 Subtotal + 5% Contingencies TOTAL CONSTRUCTION COST Cost $3,000.00 250.00 250.00 4,400.00 6,800.00 330.00 500.00 750.00 2.000.00 $16,280.00 820.00 $17,100.00 '~/l17' ~;;SI~1?CJ -- -.- --- A ~ Q.L~ IT ..::I ? r-/ I ITS rv f.J'. ---<- .~ ::J -1 ~ '^ '-.9 2- - ~ OC \:\<c 0- 00 e' tD ~ \ tU ~ ~ .~ z ~ ~ I I - - - - 'U I - - .. " 1 I I I \ I I I I I 1 ",(.,J.~~ ,-IOI't!d J,b'..J. <>n 0 H7 -; / ~()f!t ~?.a '7.3 0=>0 - - .-- - {- - - . . ~l)bI ;).9v.;;n~ ~- - - ,i., ;;t t?.L '/ P!::I _..:r /,.(1 fI :; ^' I'" :::r -?: '2 :~ oq- 3[1 C\ ,. '^ :j ~ o Z - ~ ~ ~ CO ~ 'j-; I \ CJ '\.\ 1,1~ '-- -:- ~/ \.tl -:::,. ~ 'Q >- ~ ~ /' i; ~ : . . . , . I: ~I. 11:-z I \ I i 1 , i"::' :-I~ .' 10 iJ> " I~ QUEBEC AVE. 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I [. ,~ ............ ;; , II ", >i~ 1;; I ~ ,:' '. i ',' I \ ...... nz . 1 . Z,," I ; r ;.-~ '1': ..~ ---- " I _.. -'-~' '1'$ t.l{; :~. . ,1 .'-';; -_J ~ l_ ~; ______.... ,~~ ~l ,+ ~ r. : !,. /. i ~ ~~ --,\ r= ~/ f" g . l . i ,{'~} .: ~ ~~ ! :~ i I " '" I '.~. .: ~g ",,,: tl....{ .\ . .' !;..tJ;,~J>- .. .... )~~.~:)_..cJ..___._......._;o~~.......,.J :.<~.:-.===~=.~~. ..(~~~~~~;~~~:........\ ~t>. -[~:>< ~ tt;, t: . . ~ I __ --~ _~_.4~.( ..( )1" , ' !'.tm::---:"'.~."':. ..1:'---- - ., ,'.......'.' """"":"""" .. ...,.,.,.,.,./<~~ " ",.-.v.{r: .t'.. . I -=n. ., . .' -= '.' 1 I r III 'l' , -i '1 L. --:-.~.~ . ~::1 "'" \"-ri' .1, .... . :.~:I.. 'il1" , :l "'.: ... \ u'.I...... :~cf,l".x~.' a ::~ \ P'<,'}", : ~ <1,; . ~~, . . : ~ \ ~~ I ~ 'I . S n .' 0:- 1, " j .', 1. . ,~.': . -~ . . ~ : [1. I . r'[1:;j;~, v r, _. ,t ," I', 'll~:' .' .; .. i .. . ... ..i "'.1 lit '.;i<o; : l-- . _~_ _____ddd____ . ;j,-::-.. 1 I / ~-= " 4-~ ~ ~~ . ~-" ~ '~ ;/ ..( I \ ___ _..-.-.. _ _ry-~r-y-,/-~'r-.'(--~...-..,....-..v-...,....-..."......./-.....,-...-....r--..r- , . / '. .....,...,. y' " ~ , ~, " ..~--,',-,,"'-^-'" _...........-",J_..,_...i,_/\_/A,J,_~I<.-A............,..'...........-."'-""'---',."-""~....._,/ .......... .' .. '. .' ". I SOO LINE R.R. -I , -I . ...... cP'r' ...., .. II\,.- _......, ....c'I' ..1ltCII.....-.:."~_... ,_......'~~~ - ..._~f1IICPoIiZl:01--. .. .. ... NEW HOPE. t.4INNESOTA FOREWOST BUI!.OING 0El0.I0UTl0N SITt P\.N</,P_ LOT em- F'llOJECT NO. :lS5 ft Bone,'roo RO"M Ander/It 4 Aaociaf.. --. ..- .. ,... . ....... ...... ..' .-.-.--.-... ..., .,.,., - * .. Bonestroo Rosene Anderlil< & Associates Bonesrroo, Rosene. Anderlik and Associates. Inc. is an Affirmative Action/Equal Opportunity Employer Principals: Otto G. Bonestroo. P.E. . Joseph C Anderlik. P.E. . Marvin L Sorvala, P.E. . Richard E. Turner. P.E. . Glenn R. Cook. P.E. . Robert G. Schunicht. P.E. . Jerry A Bourdon. P.E. . Robert W. Rosene. P.E. and Susan M. Eberlin, CP.A.. Senior Consultants Associate Principals: Howard A. Sanford. P.E. . Keith A. Gordon, P.E. . Robert R. Pfefferle. P.E. . Richard W. Foster. P.E. . David O. Loskota. P.E. . Robert C Russek. AI.A. . Mark A Hanson. P.E. . Michael T. Rautmann. P.E. . Ted K.Field. P.E. . Kenneth P. Anderson. P.E. . Mark R. Rolfs. rE. . Sidney P. Williamson. P.E.. R.S. . Robert F Kotsmith Offices: St. Paul, Rochester. Wil/mar and St. Cloud. MN . Milwaukee. WI Engineers & Architects June 12, 1997 F.W. Gartner and Company 6331 84th Court Brooklyn Park MN 55445 Re: Building Demolition at 7528 42nd Avenue North File No. 34205 City Project No. 595 Dear Mr. Forrest Gartner: Enclosed are five (5) copies of the contract documents between you and the City of New Hope covering the above referenced project. Please have your bonding company complete pages 51 through 61 of the Conditions of the Contract. The insurance and indemnity requirements of pages 13, 14, 15, & 16 shall be provided. After the bonding company has completed the documents, forward them to the attorney listed below who will review them for the City of New Hope. Steven Sondrall Edinborough Executive Office Plaza 8525 Edinborough Crossing Ste 203 Brooklyn Park MN 55443-1993 After the necessary officials have signed the contracts, please distribute as follows: 2 copies 1 copy 1 copy 1 copy F.W. Gartner and Company (one for your file, one for your bond company) City of New Hope, Attn. Kirk McDonald Bonestroo & Associates, Attn. Jerry D. Pertzsch Steven Sondrall, Atty. Upon receipt of a signed contract and a filed Certificate of Insurance, approved by the City of New Hope's Attorney, a pre-construction conference will be scheduled with you and City of New Hope to review the project. After the pre-construction conference, you will be issued a notice to proceed with the work as outlined in the plans and specifications. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe. Jerry D. Pertzsch, P.E. JDP:pah Enclosures: 5 cc: Steven Sondrall, Atty. / Kirk McDonald & Doug Sandstead, City of New Hope I:\contract\O 1]51-61.doc 2335 West Highway 36 1!I St. Paul, MN 55113 &l 612-636-4600 iI Fax: 612-636-1311 STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT* CORRICK & SONDRALL, P.A. ATTORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 TELEPHONE (612) 425.5671 FAX (612) 425-5867 LEGAL ASSISTANT SHARON D. DERBY *APPAOVEO ADR NEUTRAL June 30, 1997 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Building Demolition City Project 595 Our File No. 99.11090 Dear Valerie: Enclosed are four copies of the Contracts for the above-referenced improvement, all of which have been reviewed and are in order from a legal standpoint. The fifth copy of the Contract is ...'lith the insurance agent. I expect he will return it when he is done. AlSO missing is the insurance certi cate. I should receive a fax on it tomorrow, and will contact you soon as I do. So the Contracts are fine, but the contractor not start unt"il I receive the insurance certificate. Let me know if you have any questions. Very truly yours, ~' L- '(-'" J;: p ~A . I vvlu.' . Martin P. Malecha Assistant City Attorney m3w Enclosures cc: Mark Hanson Tom Shuster Steven A. Sondrall 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612.531-5100 Police: 612-531.5170 Public Works: 612.533-4823 TOO: 612.531-5109 City Hall Fax: 612.531-5136 Police Fax: 612-531-5174 Public Works Fax: 612.533-7650 Fire Oep't Fax: 612-531-5175 July 1, 1 997 F.W. Gartner and Company 6331 84th Court N. Brooklyn Park, MN 55445 SUBJECT: BUILDING DEMOLITION AT 7528 42ND AVENUE NORTH (IMPROVEMENT PROJECT NO. 595) Enclosed are two fully executed copies of the contract documents for New Hope Project No. 595. One copy is for your records and the second copy should be transmitted to your bonding company. Contract documents are on file with our City Engineer and City Attorney. This contract was awarded by the New Hope City Council on June 9, 1997, for $87,170.40. Enclosed is return of your bid bond. Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make final payment to contractors until this is approved by the Minnesota Department of Revenue and submitted to our office (Minnesota Statute 290.97). The form contains instructions for completion. Sincerely, i~.~~ Valerie Leone City Clerk, CMC enc. cc: City Engineer City Attorney Director of Public Works &n~ ", . :A1! ~ .,. Family Styled City i{I:i;\n, t.!\\l\ For Family llvmg .Iv '; In Bonestroo Rosene Anderlil< & Associates BonestroQ, Rosene, Anderlik and Associates, Inc. is an Affirmative Aaion-"Equal Opportunity Employer Principals: Otto G. Bonestroo. P.E. . Joseph C Anderlik. P.E. . Marvin L Sorvala, P.E. . Richard E. Turner. 1'E. . Glenn R. Cook. P.E. . Robert G. Schunicht. P.E. . Jerry A. Bourdon. P.E. . Robert VI. Rosene. P.E. and Susan M. Eberlin, CP.A.. Senior Consultants Associate Principals: Howard A. Sanford, P.E. . Keith A. Gordon, P.E. . Robert R. Pfefferle, P.E. . Richard W. Foster. 1'E. . David O. Loskota. 1'E. . Robert C. Russek. A.I.A. . Mark A. Hanson. P.E. . Michael T. Rautmann, P.E. . Ted K.FieJd, P.E. . Kenneth P. Anderson, RE. . Mark R. Rolfs, RE. . Sidney P. Williamson. PE., L.S. . Robert F. Kotsmith Offices: St. Paul. Rochester, \-Villmar and St. Cloud. MN . MJl\ivaukee, Engineers & Architects August 25, 1997 * t:;&16 n ./ . F.W. Gartner and Company 6331 - 84th Court Brooklyn Park, MN 55445 Re: Building Demolition 7528 - 42nd Avenue NE New Hope, Minnesota BRA File No. 34205 Dear Mr. Gartner: The completion date of the above-referenced project was July 31, 1997. In accordance with Section 11.4.1 from the Conditions of the Contract, the Contract Time may only be changed by Change Order. Liquidated damages are being assessed at $100.00 per calendar day starting and including August 1, 1997, in accordance with the contract. An updated schedule is required. Please call me at 604-4868 to discuss this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, n~c. Mark A. Hanson f-""\ MAH~) cc: Clancy 2335 West Highway " St. Paul, MN 55113 " 612-636-4600 III Fax: 612-636-1311 OFFICIAL FILE COpy Specifications JL]J Bonestroo _ III Rosene ~ Anderlik & 1 \J 1 Associates Engineers & Architects Index BUILDING DEMOLmON 7528-42ND AVENUE NORTH CITY PROJECT NO. 595 FILE NO. 34205 NEW HOPE, MINNESOTA 1997 INDEX Advertisement for Bids Information to Bidders Proposal Spec;":! P:o"iC'ion~ jJ .....~. ..'_ ~ r ...0". .~...... 1700. 02070. 2104 2105. 02200. 2211. 2331. 2357. ';:;:'~ 1 .:-t".).,~' ... . 2575. 1 - 19 4 - 01 DRAVv'1NGS Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Sheet 1 Sheet 2 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. Adjust Miscellaneous Structures Building Demolition Rernovillg tvliscella11ei}llS Structures Excavation and Embankment Earthwork Aggregate Base Plant-lvlixed BitumiI10US Pavelllent Bituminous Tack CoaL Concrete Curb and Gutter Turf Establishment - Specific and General RequireIllents Storm Sewer Manhole Type II Catch Basin Curb and Gutter }'lan - Original Building Plan - Original Building Elevations/Details - Original Site - Building Addition Floor - Building Addition Elevations/Details - Building Addition Site Plard Parking Lot - Alternate A Site PlanjP::u.'king Lot - Alternate B I-I Angstrom Analytical, Inc. Report Conditions of the Contract 34205 @ 1997Bonesrroo, Rosene, Anderlik & Associates, Inc. I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of 'Minnesota. /\ II U17;:)A I ~.., { 'I. v :.::1.f IL-!I I p- ~~~ F ' -~-- n nJrl-'7" .... ....... h J n D...t v","l,,-~cL, 1"'..1.;0. {/ ! . Date: MayJ2 ...J997 __ Reg. No. 17383 I hereby certif:v thai: this plan, specifIcation or report \-vas prepared by ine or U11der lIlY direct supervision and that I am a duly Registered F~rofession,tl E.llgineer under tD.e lav/s tb,t State of Min.:.'1esota. / ;1 /If' ./ I "f ' I I 11/ ~ I'/?/t "1'-1/ f'v!/f..-::J t^...... / ~ \ -. ~.:...,----~ ---==-=--- Ivlark. p.-:. Hanson, F.E. Date: Ivlav 1~-:-1997__ Reg. r"Io..__142tO 1-2 ADVERTISEMENT FOR BIDS Sealed bids will be received by the City of New Hope, Minnesota in the City Hall at 4401 Xylon Avenue until 11:30 A.M., C.D.S.T., on Thursday, June 5, 1997, at which time they will be publicly opened and read aloud for the furnishing of all labor and materials and all else necessary for the following: 7528-42nd Avenue North - Building Demolition Demolish and remove existing building and its materials at 7528-42nd Avenue. Site restoration shall include topsoil borrow and seedinp'. Remove and renlace approximatelv o J.: __ _ -' 90 Lineal feet of curb along Quebec Avenue North. Project includes an alternate for construction of a parking lot with approximately 100 parking spaces on the site. A pre..bid. conrerence will be held at the project site on Wednesday, r,ilay 28, 1997 at 10:00 i(M. .All bidd.:::rs are en~:ouraged to attend to become rarniliar "\vith the site conditions. Plans and specifications, proposal forms and contract documents may be seen at the office Clerk, New Hope Minnesota, and at the office of Bonestroo, Rosene., Anderlik & Associates, Consulting Engineers, 2335 VI. Trunk Highway 36, St. Paul, IvfN 55113, (612) 636-4600. ,.-,. . t....n:y Inc.., Each bid shall be accompanied by a bidder's bond naming the City of New Hope as obligee, certified check payab!t~ to the Clerk of the City of New Hope or a cash deposit equal to at least five percent (5%) of the amount bid, which shall be fQjfeited to the City in the event that the bidder fails to enter into a contract. The City Council reserve:; the right to retain the deposits of the three lo\vest bidders for a period not to exceed 45 days dter the date and time set for the openii1g or bids. No bids may be withdrawn for a period of forty-five days after the date and time set for the opening or bids. Payment for the yvork be by cash or check. Contractors desiring a office or Bonestroo, $30.00. See "Information of the plans and specifications ciud IJ1"Oposal fOfrIls rnay obtain thelTI troIn t"Je i\.nderlik & Associates, Inc., uIJon pay.m.ent of a n.mFrefundable fee of :0 Bidders" for more information on plan and specification policy. The City Council reserves the therein and further reserves to reject any and all bids. to waive irregularities and informalities right to award the contract to the best interests of the City_ Daniel. DO::u."Jiue, Manager City or IvIiJl11esota 34205ad INFORMATION TO BIDDERS 1. BID PROPOSAL: Each planholder has been furnished a specification, plan set and one extra proposal. Bids shall be submitted on the separate Proposal Form designated "BID COPY". The Proposal containing the bid shall be submitted in a sealed envelope. ReQuests for Plans and Specifications should clearlv state the name of the proiect being bid. 2. BRA PLAN AND SPECIFICATION POLICY: 1) Plans and specifications shaH only be available on a non-refundable, per plan basis, with ail contractors and vendors being charged the same. Planholders may obtain more than one set of plans and specifications for the stipulated amount, however, all are nOHa'fefundahle. 2) The amount for the bid package will be stated in the Advertisement for B.ids. 3. INDIVIDUAL DRA \VINGS AND SPECIFICATION SHEETS: Individual drawings and specifications sheets may be purchased at the rate of Five Dollars ($5.00) per sheet of drawings and Twenty-five cents ($0.25) per sheet of specifications for which no refund will be made. End of Section 34205 @ 1997Bonestroo, Rosene, Anderlik & Associates, Inc. F.W. Gartner & Com an Total Base Bid $44,484.30 6331 84th Court Tele hone No. 612.363.3215 Fax No. 612.425.5610 BUILDING DEMOLITION AT 7528 42ND A VENUE NORTH CITY PROJECT NO. 595 FILE NO. 34205 NEW HOPE, MINNESOTA 1997 Opening Time: Opening Date: 11:30 a.m., C.D.S.T. Thursday, June 5, 1997 Honorable City Council City of New Hope 4401 Xylon Av N New Hope, MN 55428 Dear Council Members: The undersigned, being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including Addenda Nos. 0 and being familiar with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor, tools, materials, skills, equipment and all else necessary to completely construct the project in accordance with the plans and specifications on file with you and Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Highway 36, St. Paul, MN 55113, as follows: No. Item Unit Qty. Unit Price Total Price Base Bid - Building Demolition 1 Removal and disposal of all friable asbestos containing materials from within the building SF 2,840 3.22 9,144.80 2 Demolition of existing building including bituminous pavement and base, slab on grade and foundations, removal and disposal from the site and utility shut off LS 1 27,120.00 27,120.00 3 Remove and replace curb and gutter LF 112 30.00 3,360.00 4 Furnish and place topsoil CY 250 8.28 2,070.00 5 Seeding AC 1 1,740.00 1,740.00 6 Sod SY 150 4.33 649.50 7 48" x 48" metal signs EA 2 200.00 400.00 Total Base Bid $44,484.30 34205\CONTRACT.WB2 Page I Alternate Bid A Parking Lot (89 Parking Stalls) 8 Traffic Control LS 1 100.00 100.00 9 Common excavation CY 1,400 4.29 6,006.00 10 Subgrade excavation CY 100 6.00 600.00 11 Select granular borrow CY 100 12.10 1,210.00 12 15" RCP, Class 5 LF 25 43.60 1,090.00 13 Construct MH over existing 21" RCP EA 1 1,090.00 1,090.00 14 2' x 3' catch basin EA 1 1,090.00 1,090.00 15 Subgrade preparation SY 3,400 0.50 1,700.00 16 Class 5 aggregate base TN 1 ,465 9.50 13,917.50 17 6" diameter bollards EA 4 100.00 400.00 18 Type 41 bitum. wearing course (2" thick) TN 450 28.00 12,600.00 19 Bituminous curb LF 20 15.00 300.00 20 2" bituminous trail (2" thick) SY 60 18.00 1,080.00 21 4" solid white paint LF 2,100 0.24 504.00 22 Remove and replace curb and gutter LF 30 33.33 999.90 Total Alternate Bid A $42,687.40 Total Alternate Bid B Parking Lot (28 Parking Stalls) 23 Traffic control LS 1 100.00 100.00 24 Common excavation CY 500 5.70 2,850.00 25 Subgrade excavation CY 50 8.00 400.00 26 Select granular borrow CY 50 12.10 605.00 27 Subgrade preparation SY 1,370 0.75 1,027.50 28 Class 5 aggregate base TN 550 10.50 5,775.00 29 Type 41 bituminous wearing course (2" thick) TN 200 36.00 7,200.00 30 Bituminous trail (2" thick) SY 30 18.00 540.00 31 4" solid white paint LF 550 0.55 302.50 32 Remove and replace curb and gutter LF 30 40.00 1,200.00 Total Alternate Bid B $20,000.00 34205\CONTRACT.WB2 Page 2 The final amount of the contract shall be determined by multiplying the final measured quantities of the various items actually constructed and installed by the unit prices therefore, in the manner prescribed in the specifications. However, the low bidder shall be determined by adding the sums resulting from multiplying the quantities stated by the unit prices bid therefore. Accompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of five percent (5%) of amount bid ,which is at least five percent (5%) of the amount of my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and all bids and to waive irregularities and informalities therein and to award the contract to the best interests of the Owner. In submitting this bid, it is understood that payment will be by cash or check. It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner for a period not to exceed 45 days after the date set for the opening of bids. Respectfully submitted, F.W. Gartner & Company Name (A Corporation) (An Individual) (A Partnership) ?0Me4t ~ Signer Owner Title Forrest Gartner Printed Name of Signer 34205\CONTRACT.WB2 Page 3 SPECIAL PROVISIONS 1. PROJECT DESCRIPTION: This project provides for the Contractor to remove the existing building, including slabs and foundations, bituminous pavement and contaminated soil as directed by the Engineer. Project includes removal of asbestos and PCB's from within the building. 2. OWNER: The City of New Hope is designated as the Owner. 3. COMPLETION DATE: The Contractor shall complete all work, including restoration, by July 31, 1997. Once the contractor begins demolition of the building, its removal, and leveling of the site shall be completed within 10 working days from the start. It is anticipated the contract will be awarded June 9, 1997. 4. LIOUIDATED DAMAGES: Liquidated damages as specified in the Conditions of the Contract shall be One Hundred Dollars ($100.00) per calendar day. 5. PERFOPJ\1ANCE STANTIARDS: AJl hazardous materials shall be removed fuid disposed of by qualified contractors. Disposal shall be in accordance with all local, state and federal rules and regulations. 6. PRE-BID CONFERENCE: A pre-bid conference will be held at the project site on 'Nednesday, May 28, 1997 at 10:00 AM. All bidders are encouraged to attend to become familiar with the site conditions. 7. PRE-CONSTRUCTION CONFERENCE: Prior to starting the work a conference will be held with the Contractor, the Owner, and the Engineer. Demolition construction methods and schedule will be revie\ved and any questions or procedures will be reviewed and any questions or procedures will be clarified. 8. SPECIFICATION REFERENCE: "\A!here the Minnesota Department of Transportation 'r" .c' 11' " -F h' lIC"' II . .. . . speclllcatlOns are reierrea to ]. erem ana vvnere a re.i:erence to t e word .:>tate IS mentIOned, It IS understood that the word "O'wner" is substituted. All reference to the word "Engineer" shall be interpreted as the Engineer for the City of New Hope. Minnesota Department of Transportation Specifications for Construction, 1988 Edition and revisions thereto shall apply except as noted herein. In no cases shall any part of Division I (General Requirements and Covenants) of the MN/DOT Specifications apply to this contract unless specifically stated else\vhere in these specifications. AJl references to previous editions in the General Requirements shall be interpreted as the 1988 Edition. 9. EXISTING CONl)ffiONS: All prospective bidders are advised to inspect the entire project area prior to submitting a bid to satisfy, in their own minds, the existing conditions of the project site. 34205 €J ] 997 Bonestroo, Rosene. Anderlik & Associates, IIlc. SP-l Contaminated ground water was previously located on. the adjacent (Lot 2) property. Four monitoring wells were installed on Lot 1 to check for contaminated ground water. No contaminated ground water was found on Lot 1. The monitoring wells on Lot 1 will be abandoned prior to the start of demolition. Monitoring wells, pipes and equipment located on Lot 2 are still active andshillnot be affected by the work of this project. 10. USE OF LAl\TDS: All work is on land owned by the City of New Hope. The Contractor may utilize the site as necessary to the quick and expedient completion of the work. However,. the Contractor shall limit the use of the site to the lands necessary to u~e current construction of the work. 11. UTILITIES: Underground utilities are known to exist within and adjacent to the project site. It shall be the responsibility of the Contractor to contact all utility companies through GOPFIER STATE (454-0002) prior to demolition to determine the exact location of utilities. 12. QUANTITY DEVIATIONS: Certain proposal work items are includedinanticipatiorrofthe possibility that conditions may be encountered which require this work. The estimates of quantities for these Proposal items are based upon general experience in the area.. They are included ill the \-Vork to establish a bid unit price in the event such work is necessary to complete the project. The quantity is not guaranteed and the extent of the Work required will be dependent upon prevailing conditions. As such, no unit price adjustment for any magnitude of increased or decreased quantities is allowed. 13. AWARD OF CONTR..ACT: Only one award will be made that being to the low combined total of all work from the low responsible bidder including alternates. The City, however, may elect to delete specific items from the contract award to comply with budget requirements or delete specific items by change order after the contract award. 14. GROUNDWATER CONTAMINATION REM-EDLA~TION: Four ground water monitoring wells were previously installed on Lot 1 to check for contamination. No significant ground water contamination was found. The MPCA has issued a "Letter of No Action"for the The monitoring wells will be abandoned prior to the starting demolition. The piping, wells. and equipment on the fonner Electronic Industries Site (Lot 2) shall remain in place and not be impacted by this project. 15. SOIL CONTAIv'IINATION: No detenmnation has been made relative to the presence or level of contmml1ated soil on the site. If contaminated soil is found on the site, treatment, removal and disposal will be addressed as additional work. 16. BmLDING DEMOLITION PERMIT: The City of New Hope shall waive the building demolition permit fee. However, the contractor is still required to apply and receive the demolition pennit. 34205 "'1997 Bonestroo, Rosene. Anderlik & Associates. Inc. SP-2 17. PARKING LOT: The City of New Hope may elect to construct a temporary parking lot on the site, (Alternate A - 89 parking stalls or Alternate B - 28 parking stalls). The parking lot shall be constmcted in accordance with the applicable provisions of MN/DOT Standard Specifications for Construction, 1988 Edition and supplemental specifications. 18. STAKING: The Contractor shall review the survey staking needs of the project with the Engineer at the preconstruction conference and peliodically during the course of the work as necessary to properly plan the staking effort. Staking shall not be laid out further a.l-Iead of the work than is necessary to properly organize and plan the work to avoid the loss of stakes. The Contractor shall give the Engineer no less tlJ.an 48 hours advance notice of the need for additional stakes. Stakes will be provided as are reasonable alId custOillfu'ily necessary to the type of work of this project. T.he Contractor will be provided with one set of stakes. A.."'1y restaking of work will be deducted from the amounts due the Contractor. 19. TRAFFIC: Traffic control shall be the responsibility of the Contractor and c.onform to the "Temporary Traffic Control Zone Layouts (Part VI of the MN MUTCD)". The Contractor shall fUJ.11ish, install and maintain all traffic control devices needed to guide, warn, control, protect and/or exclude traffic from and through the project. Flashers shall be maintained from sunset to sunrise if required by the construction. Traffic control, signs, barricades, flag persons, and all else necessary shall be paid for under the lump sum item "Traffic Control" in the proposal. 20. SCALE: The Contractor shall provide the necessary scale and scale person for weighing the items furnished on a ton basis under these specifications. The scale shall be permfulently in place and shall comply with the Minnesota Public Service Department Rules and be approved by the Minnesota Department of VI eights and Measures. Portable scales are not acceptable. The Engineer may periodicaUy instruct the Contractor to 'weigh his material at another scale other than that provided by the Contractor. In the event of a weight discrepancy, the Minnesota Department of vVeights and J\1easures will determine amount of difference in \veight and the Engineer 'Hill adjust the weight of material being paid for accordingly. 21. SITE RESTORATION: AJl areas disturbed by the constl1..1ction of this work shall be restored to a better or eoual situation cOillnared to the condition of the site which existed plior to construction. ~.l. _ This may include, among other things, that the Contractor shall: a. Salvage and replace (or replace from other sources at the Contractor's discretion) all topsoil that is disturbed or lost due to constmction of the work. b. Seed or sod all areas specifically designated in the field by the Resident Project Representative that are disturbed by the constmction of this work, and No direct compensation to the Contractor shall be made for salvaging and replacing existing topsoil or the restoration of the on site erosion controL Payment for seeding or sodding of disturbed areas shall be compensated in accordance \vith the proposal items as specified in Specification Section 2575, Tmf Establishment. 34205 @ 1997 Bonestroo. Rosene, Anderlik & Associates. Inc. SP-3 22. CLEAN UP: All work areas shall be returned tOa,conciition equal to or better thlll1.wasin existence at the beginning of the project. All construction ciebris shall be removed and disposed. of in a manner satisfactory to the Engineer. 23. SIGNS: Signs shall be metaL Wording on signs will be determined by Owner after award of the project. Signs shall conform to Mn\DOT 2564. End of Section 34205 G 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. SP-4 1700. ADmST MISCELLANEOUS STRUCTURES Specific Requirements 1700.0. SPECIFICATION REFERENCE: Unless otherwise noted herein, all sections of the General Requirements shall apply. \ 1700.1. DESCRIPTION: This specification covers the work of setting the casting elevations of manholes, catch basins and valve boxes to final grade. 1700.3. CONSTRUCTION REOUIREMENTS: Scope of Work: The procedure for adjusting structures shall be as appropriate to the standard procedures used to adjust structures within multiple lift bitul111nous pavement sections. Construction Details: Structures shall be adjusted such that they conform to the following requirements. a. The thickness of concrete adjusting rings on existing or new structures shall be within the tolerances indicated in the special details unless otherwise directed by the Engineer. Concrete adjusting rings shall be statldard, 2" thick, type reinforced rings manufactured for this specific purpose. The diameter or rectangular dimension shall conform to the type of casting on the structure. b. Mortar between the rings shall be no less th811 1/4 inch nor greater than 1/2 inch. No less than 1/2 inch thickness of mortar shall be plastered around the outside of the rings to encase the rings or manhole stmctures (this does not apply to catch basins within curbs which shall be encased in concrete). No shims of any type shall be used to set the rings. c. All stmctures to be adjusted shall have new adjustment rings. The Contractor will not be allowed to use cracked, chipped or unsuitable rings. d. Mortas shall consist of Standard Portland Cement Type I, Standard Selial Designation e- 150. Lime shall conform to ASTM Designation C-O or C-141. e. Catch basins within curbs sha11 be encased in concrete in accordatlce with Standard Plate 1 . ~ i - 1;;. f. The final rim elevation of all structures shall be 1/4 to 3/8 inch below the adjacent surface elevation. 34205 @ 1997Bonestroo, Rosene, Anderlik & Associates, Inc. 1700-1 g. Existing storm inlet protection shall remain in place on all catch basins until such time that curb and gutter must be poured and structures need adjustment. All work associated with protecting and removing erosion control at existing catch basins shall be considered incidental. 1700.5. BASIS OF PAYMENT: Adjustment for manholes and catch basins shall be considered incidental to the bid unit price for constructing the manhole and catch basin. End of Section 34205 @ 1997Bonestroo, Rosene, AJ.,derli..J.;: & Associates, Inc. 1700-2 SECTION 02070. BUILDING DEMOLITION PART 1 - GENERAL 1.01 SECTION INCLUDES A. Demolish and remove existing building, including floor slabs, sidewalks, foundation walls and footings as specified herein. B. Disconnect all utilities as specified herein. C. Demolish and remove existing bituminous pavement. D. Removal and disposal of friable asbestos containing material and PCB's from the building. 1.02 INFORMATION INCLlJDED A. Original Building plans dated May 22, 1962, tb..ree sheets, plus building addition plans dated March 17, 1976, three sheets for Foremost, Inc. B. Report from Angstrom Analytical, Inc. which addresses contaJ:I'inants within the building. C. Site plan that shows Lot 1, Lot 2 and the adjacent buildings and monitoring wells. 1.03 SITE CONDITIONS A. The existing building is vacant. 1.04 DISPOSAL OF MATERiALS i\_ND DEBRIS A. Materials containing hazardous chemicals shall be disposed of at sites approved to handle the material in accordance \vith Local, State and Federal Rules and regulations. B. Material not containing hazardous chen1icals shall be removed from the site and disposed of at a site selected by the Contractor. Such disposal areas shall be approved land fills or property under direct control of the Contractor, in accordance with State and Local Rules and Regulations. No burying of debris on the project site will be permitted. 3. At the Contractor's option, concrete from the building can be crushed for use as aggregate base for the parking lot, if the alternate is accepted. 1.05 PERMITS 1. l),>-- building demolition permit, water disconnection permit and s~l}itary sewer permit shall be obtained from the City of New Hope. 34205 @) 1997Bonestroo, Rosene. Anderlik & Associates, Inc. 02070-1 2. The fees for these permits Will be waived. 3. All inspections required by the permits will be required. PART 2 - PRODUCTS Not Used PA..-q,T 3 - EXECUTION 3.01 ASBESTOS REMOVAL A. Remove and dispose of all visible friable asbestos containing material (ACM) in accordance with all applicable State, Local and Federal regulations, including Rules and Regulations from OSHA 29CFR 1926.58, Minnesota Department of Health Asbestos Abatement Rules 4620.3000 to 4620.3500 lliid NESHft...P Regulations. B. Removal shall include, but is not limited to, friable asbestos in the following areas of the building: 1. Brown and rust colored linoleum located in office area. 2. Linoleum located in the inspection and programming department. 3. Floor tile mastic in the first room to the right of the front door. c. Removal and disposal shall be performed in accordance with the above cited mles and regulations and recommended methods listed in the report by Angstrom Analytical, LiC. II '--'. The Owner reserves the right to hire an independent consultant to perform a visual inspection or site after the Contractor has removed AClvl. 3.02 PCB REMOVAL t\ Remove and dispose of all known PCB's in the building in accordance with all applicable Local, State and Federalmles and regulations. B. Removal shall include, but is not lirnited to, PCB's in the following areas: 1. Fluorescent light bulbs. C. Removal and disposal shall be perfonned in accordance wit.~ the above cited rules and regulations and recommendations in the report by Scovill and Associates. 34205 @ 1997Bonestroo, Rosene, Anderlik & Associates, Inc. 02070-2 D. The Owner reserves the right to hire an independent consultant to perform a visual inspection of the site after the Contractor has removed materials containing PCB's. 3.03 UTILITIES A. Coordinate utility shutoff and removal with the applicable agencies and utility companies. B. Electrical service shall be removed from the building. C. Gas service shaH be removed from the property and terminated at the property line. Gas piping after the meter located on the southeast comer of the building shall be removed and disposed of. D. Water service shall be disconnected from the property. Juter closing shut-off box, copper services shall be cut after the shut-off box. Bend copper pipe over and turn off valve. Remove the stand pipe. Provide location of service to the Project Inspector. Inspection by the City will be required. E. Sanitary sevier service shall be discon...nected by cutting and plugging the pipe at the property line. Provide location of service to the Project 11spector. inspection by the City will be required. F. Telephone service shall be removed from Ul.e property. 3.04 BUILDING DEMOLITION A1'ID REMOVAL A. Demolish, remove and dispose of building from the site. B. Demolitions shall include all roofs, floors, walls, footings, sidewalks, door stoops, retaining ',vall at loading dock a....'1d loading dock slab. C. Remove and dispose of bituwinous pavement and base material. Area to be removed shall be all pavement on the south aild west sides of the building. End of Section 34205 @ 1997Bonestroo, Rosene. Anderlik & Associates, Inc. 02070-3 2104. REMOVING MISCELLANEOUS STRUCTURES Specific and General Requirements 2104.0. SPECIFICATION REFERENCE: Unless otherwise modified or altered herein, all sections of MnfDOT 2104 shall apply. 2104.1. DESCRIPTION: This work shall consist of removing items from the project area. Items included shall be the removal of concrete curb and gutter and portions of bituminous where the new curb and gutter is installed and the connection for the bituminous path. 2104.2. SA WIl'JG PAVEMENT: Existing pavements shall be saw cut to produce a neat cleal1 edge line. The use of a jackhammer or similar device shall not be permitted. All cuts shall be obtained through the use of a saw cutting device. A one foot mill overlap will be allowed in lieu of saw cutting. 2104.3. CONSTRUCTION REQUIREMENTS: C. Disposal or Materials and Debris: All items without salvage value to the Owner shall be removed from the project site and be disposed of at a site selected by the Contractor. Such disposal areas shall be approved landfills or property under the direct control of the Contractor, in accordance with State and local rules and regulations. No bUf'jing of debris on the project site will be permitted. 2104.5. BASIS OF PAYMENT: Payment for removal shall be at the unit prices bid and shall be compensation in full for removal, repair and/or replacement of da...lllaged or lost items as required, hauling of material and debris to a disposal area selected by the Contractor, complete compaction of trenches and depressions, and cleanup of the area. Sawing bituminous pavement shall be considered incidental to the contract. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 2105. EXCAVATION AND EMBANKMENT Specific and General Requirements 2105.0. SPECIFICATION REFERENCE: Unless otherwise modified or altered herein all sections of MNIDOT Standard Specifications for Construction, Section 2105 shall apply. 2105.1. DESCRIPTION: This work consists of the grading of the Foremost Parking Lot in accordance with the plans. 2105.2. MATERiALS: A. Excavation Material: Excavations will be classified for payment as either COlTIITlOn or Subgrade. Ai. Common Excavation: Is defined as all materials removed to finish sub grade elevations as indicated on the plans. A2. Sub grade Excavation: Is defined as the removal of any materials wit.hin the sub grade that are determined to be unsuitable as roadway subgrade materials and it is further defined as the removal, replacement, blending, and re-compaction of the upper one foot or 3ubgrade materials to form a unirorm sub grade. B. Select Granular Borrow: Material used to fill sub grade excavations shall meet the requirements of l'ANIDOT Section 3149-Select Granular borrow. Areas of subgrade excavation shall be backfilled with select granular borrow or materials from the project site that are approved by the Engineer. Use of granular materials to bacy.fill small pockets of sub grade excavations within areas of impervious soils "iNill not be permitted unless these areas are properly drained.. 2105.3. CONSTRUCTION REOUIREMENTS: A. Excavating: Operations: 1. Subgrade Excavation: Existing conditions indicate the soil is adequate for roadway subgrade purposes. However, quantities ror subgrade excavation are included in the work as a contingency in the event poor soils are encountered. The amount of vv'ork may deviate rrom the bid quantities, but the Contractor will not be entitled to extra compensation for increased or decreased quantities of this work. The location and extent of sub grade excavation shall be decided upon by the Engineer. The Contractor shall, however, inform the Engineer of soil conditions encountered that may not adequately serve as roadbed subgrade. If so ordered, the Contractor shall test roll the subgrade with a loaded tandem axle truck (minimum 34205 @ 1997 Bonestroo, Rosene. Anderlik & Associates, Inc. 2105-1 15 ton load) to assist in the determination of the need and locations of sub grade correction. Subgrade excavation does not include subgrade corrective work that is necessitated by the Contractor's failure to compact the utility trenches to the requirements of the Specified Density Method described in Sections 24000. This work is intended to remedy uncompactible soils, unstable soils that are found outside of the utility trench construction limits, or other soil stability problems not associated with utility trench backfill and compaction. B. Compacting Embankments: Compaction of all embfuik...'11ents under roadways shall be done to Specified Density standards, 95% and 100% for the upper 3' of the roadway. r v. Fipjshing ODerations: Topsoil borrow shall be used only when specifically authorized by the Engineer. It is included in the work a..l1d bid on the proposal only as a contingency to be used in areas where there may not be sufficient topsoil in place. This work sha11110t be substituted for the incidental work required of u"1e Contractor to salvage and replace the existing topsoil. 2105.4. METHOD OF MEASUREIVIENT: A. Excavation Material: Measurement of the work shall be as follows: Common excavation will be measured by cross section. Measurement of sub grade excavation that is ordered by the Engineer shaH be by cross section with volumes computed by the average end area method. B. Borrow Material: Topsoil borrow shall be measured by loose volume lli.'1d shaH include all costs associated with spreading and grading the borrow material. Select Granular shall be measured by compacted volume by the average end area method. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik: & A.ssociates, Inc. 2105-2 SECTION 02200. EARTHWORK PART 1 - GENERAL 1.01 SECTION INCLUDES A. Provide excavation, backfill, and grading as specified herein. B. Provide borrow material to bring grade on site to existing elevations. C. Removal and disposal of contaminated soil. 1.02 REFERENCES A. Wlinnesota Department of Transportation Standard Specification for Highway Construction, 1988 Ed. (MnlDOT Spec.). 1. MnlDOT Spec. 2105 - Excavation and Embankment. 1.03 SUBMITTALS A. Submit borrow material sample for testing. 1.04 QUALITY ASSURANCE A. A soils engineer will be designated by the Owner to provide field density tests. B. Initial tests will be paid for by the Owner. C. P""-T1Y retesting required because of failure to meet the specified density shall be paid for by the Contractor. 1.05 SITE CON1)ITIONS A. Protect existing sidewalks, fences, drives, curbs, utilities, buildings and other features from damage from work of Section. B. In the event of da.iilage, immediately rna..~e all repairs and replacements necessary subject to t...~e approval of the Engineer and at no additional cost to the Owner. 34205 @ 1997Bonestroo, Rosene, Anderlik & Associates, be. 02200-1 PART 2 - PRODUCTS 2.01 GENERAL FILL A. Material shall be free of debris, large boulders, organic or other material which may prevent required compaction. B. These materials may be used for general site fill. 2.02 TOPSOIL A. Material shall comply with requirements of MnlDOT Spec. 3877 for Topsoil Borrow. 2.03 SILT FENCE A. Mirafi "Envirofence", or equal. PART 3 .. EXECUTION 3.01 EXCAVATION A. Excavate to allow removal of foundation walls, and footings. B. Excavate to allow for utility disconnections. C. Excavate contaminated soil as directed by the Owner's environmental consultant. 3.02 BACK_FILL Al'\TD COMPACTION A. Bacy,J111 so that finished grade closely approximates the existing grade on the site. Ivlake proper allowances for finish grading and sod. B. Fill in area at loading dock to match adjacent site grades. C. Place backfill in 8" deep lifts and compact. D. Compact fill to 98% Standard Proctor Densit'j. 3.03 GRADING A. Grade site so that finished elevations closely approximate the proposed parking lot. Make allowance for topsoil. 34205 @ 1997Bonestroo, Rosene, AnderlLl( & A..ssociates, Inc. 02200-2 B. Place 2", in place, of topsoil over entire site. This includes building and area or bituminous removal. 3.04 EROSION CONTROL A. Maintain an erosion control program throughout construction that meets City regulations. Verify requirements with the Engineer. B. Remove silt fence after sod and seed have been established. 3.06 DISPOSAL A. Dispose or any contaminated material off-site at an approved site obtained by the contractor. B. Disposal shaH be in accordance with all local, State, and Federal regulations. PART 4 ., P A TIvffiNT 4.01 GENERAL A. Excavation, borrow and backfill of site to bring it up to grade shall be included in price bid for building demolition and removal. B. Excavation, removal, disposal of contawinated soil shall be paid ror on a unit price basis. Unit price shall include borrow material, backfilling and compaction or borrow material. Volume shall be based on compacted volume. End of Section 34205 @ 1997Bonestroo, Rosene, A..derlik & Associates, Inc. 02200-3 2211. AGGREGATE BASE Specific and General Requirements 2211.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of MNIDOT 2211 shall apply. 2211.1. DESCRIPTION: This work shall consist of the construction of aggregate base for the parking lot as indicated on the typical section. 2211.2. MATERIALS: A. Aggregate: Aggregate material used for h~is project shall be MNIDOT Specification 3138 for Class 5, 100% Crushed. If crushed carbonate (limestone or dolomite) quarry/bedrock is used in total or in part on this project, the minus 200 size fraction of the carbonate aggregate insoluble residue shall not exceed ten (10) percent. Insoluble residue shall be tested in accordance with current MNIDOT test procedures. 2211.3. CONSTRUCTION REOUIREM-ENTS: A. General: The sub grade shall be inspected, checked, and approved by the Engineer prior to placement of aggregate base. The Contractor shall install the aggregate base irnmediately after completion and approval of Lhe sub grade. The contractor shall be responsible to maintain the aggregate base until completion of bituminous surfacing as incidental t.o the work, with no direct payment therefor. Additional aggregate base required due to erosion, washouts, trench settlements or other similar causes shall be replaced by the Contractor without additional compensation therefor. C. SDreadinlr and Compacting: The aggregate base shall be shaped, rolled and compacted after completion of curb and gutter but prior to placement of bituminous surfacing. Compaction shall be obtained by the "Specified Density Method" (100% Standard Proctor) . 2211.4. METHOD OF IYffiASlJREN'IEl\i'T: Aggregate base used on this project shall be measured by weight in tons only of material deposited on the parking lot as required by the standard cross- section shown on the plans. 2211.5. BASIS OF P A YW{ENT: If aggregate base material is being wasted or placed excessively thick, the Engineer reserves the right to deduct qmmtities t1;o.t are in excess of plan t.lllcknesses. Said quantities shall be based on aggregate material weighing 110 pounds per square yard of area per inch of thickness. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 2331. PLAi~T-MIXED BITUMlNOUS PAVEJ\1ENT Specific and General Requirements 2331.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of MnJDOT Supplemental Specifications dated May 2, 1994 Section 2331 shall apply. 2331.1. DESCRIPTION: This work shall consist of the construction of hot plant-mixed bituminous- aggregate mixture for base, binder, and wear courses mixtures to the specified thickness. 2331.2. MATERIALS: A. Aggregate: Shall conform to the requirements of 3139 and the gradations for each type of mix as indicated in Table 3139-1, or more specifically the following: IVIix Type 31 - Aggregate Size B Mix Type 31 - Aggregate Size B Iviix Type 41 - Aggregate Size B Mix Type 41 - A.ggregate Size A Base Course Binder Course Leveling and V! ear Course Pathway, Drivevvay, and Parking Lot "Wear Course Mix Designation 31BBB 5000 Y 31 BBB 5000 Y 41 \VEB 5055 X 41 VfEA 5055 X B. Bituminous Material: Bituminous material shall conform to MnJDOT Specification 2331.2B. 2331.3. CONSTRUCTION REOUL.'lliMENTS: A. General: The Contractor shall revievv the proposed paving sequence with the Engineer prior to nlacement of the 'Near courses. The nroposed seouence shall address such things as 1. r..l ....... longitudinal seams, compaction, traffic control, hauling routes, and placement markings. Also the Contractor shall provide adequate signing, marking, and personnel to facilitate the wear course paving and associated lane closures if applicable. B. Restrictions: All street surfaces shall be checked and approved by the Engineer prior to paving. Existing biturrJ.nous pavements or succeeding lifts must be dry prior to placement of any bituminous pavements. The wearing course mixture shall not be placed when the air temperature, in the shade and away from artificial heat, is 50 degrees or less, unless otherwise approved by the Engineer. Paving of bituminous wear course shall be completed by the date indicated in the Special Provisions. 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 2331-1 During the placement of the wear course mixtures the Contractor shall provide a minimum of six personnel as follows: One paver operator, tViO persons to operate the adjustment screws on the paver, one bituminous finisher (racker), one mbber tire roller operator, and one steel dmm roller operator. Compaction operations may require additional roller operators to obtain the specified compaction. r ........ pquipment: Bituminous pavers shall be self-contained, power-propelled units with automatic screed control conforming to MnlDOT 2331.3C2A. The Contractor shall review there proposed grade and slope control procedure with the Engineer prior to paving. The procedure shall be subject to the approval of the Engineer. D. Treatment of Surface: A bituminous track coat shall be applied to existing bituminous surfaces, and to each lift or course constmcted according to Specification 2357. El. Bituminous Material: The percentage of the asphalt cement, by weight of total mixture, shall be as designated in the approved job mix formula. The Contractor is required to perform individual spot checks to monitor and control the quantity of asphalt within the bituminous mixture during production. E2. Job Mix Formula: No paving is allowed on the project without the Engineers revievv and approval of the job mix fOlmula. The Contractor shall submit a job mix fOlmula for revieVl by the Engineer at the pre-constmction meeting, or two weeks prior to the placement of bituminous mixture. An approved job mix fOlmula must be available 5 calendar days prior to placement of bituminous. At the Engineers request the Contractor shall provide a copy of either Mn/DOT or Contractor trial mix design. E2c. Mix Design Requirements: Mix designs shall cOlTespond to the requirements listed in Iv1n/DOT Table 2331-1. E2e. Recvcled Mixture Requirements: Requirements under Mn/DOT Section 233l.3E2e shall apply. The exception is that recycled bituminous Mixture Type 42 and Type 48 shall not be substituted for Type 41 and Type 47 mixtures. H. Compaction Operations: Compaction requirements shall conform to Mn/DOT Specification 2331.H3 as ordinary compaction method. As specified under this section, the Contractor shall furnish and operate the nuclear testing device which has been calibrated. A control strip will be used to establish a rolling pattern for each specified course of bituminous. Sufficient compaction equipment of proper size and good mechanical condition shall be used to compact the mixture to the specified requirements. For this purpose, a vibrating steel drum roller and one pneumatic tired rollers shall be employed in conjunction with each other during compaction of all \vear courses. 34205 @ 1997 Bonestroo. Rosene, Anderlik & Associates, Inc. 2331-2 1. Thickness Requirements: After compaction, the thickness of each course shall be within plus or minus 1/4 inch of the thickness shown in the plans. For any course constructed, the materials used in the excess of the specified thickness plus 1/4 inch will be excluded from the pay quantities. J. Construction Joints: Where the new construction meets existing bituminous surfacing, the existing surface shall be straight and uniform, prior to placement of the bituminous base course. A tack coat shall be applied to these existing joints and also along the front edge of the concrete curb and gutter. Payment for this tack coat is incidental to the bituminous course placement. 2331.4. METHOD OF MEASUREMENT: Bituminous mixtures or each type as indicated in the proposal will be measured separately by weight. The Contractor shall fumish a weight ticket ror each load of material hauled and placed. 2331.5. BASIS OF PAYMENT: Payment ror each bituminous course shall be by the ton or material placed, accepted and shall include both the bituminous course mixture and the bituminous material ror mixture. Payment for the Bituminous curb shall include all cost ror the materials and equipment to construct the bituminous curb. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associales, Inc. 2331-3 2357. BITUMINOUS TACK COAT Specific and General Requirements 2357.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections ofMN/DOT 2357 shall apply. 2357.2.1. Bituminous Materials: Shall meet the requirements for RC 70 or RC 250. 2357.5. BASIS OF PAYMENT: The use of the tack on the connections of asphalt shall be considered incidental to the contract. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, inc. 2531. CONCRETE CURB AND GUTTER Specific and General Requirements 2531.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of:MN/DOT 2531 shall apply. 2531.1. DESCRIPTION: This work shall consist of installing concrete curb and gutter and concrete driveway aprons. 2531.2. Iv1ATERIALS: A. Concrete: The air content of the concrete shall be not less than four (4) nor more than seven (7) percent. 2531.3. CONSTRUCTION REOUIREI\.1ENTS: A. Foundation Preparations: The contractor shall shape and compact the gravel base prior to starting concrete curb and driveway construction. B. Joint Construction: Expansion joints in curb shaH be placed at intervals of not more than sixty (60) feet for manual placement and not more them 200 feet for slip-form placement. C. Metal Reinforcement: Reinforcement of curb and gutter shall be provided at all utility trench crossings as directed by the Engineer. The reinforcing shall consist or two (2) - 20 foot #4 reinforcing rods centered over the trench and placed three (3) inches above the bottom of the curb. D. Concrete Curing and Protection: Blanket curing or extreme service membrane methods of curing shall be used, in accordance with MNlDOT specifications, for curing when placement occurs after October 1. E. Joint Sealing: Shall not be required. Backfill Construction: Backfilling of the curb and gutter shall be completed immediately after the curing period and prior to bituminous surfacing of the roadway. Extreme care must be exercised by the contractor during this operation to prevent horizontal displacement of the curb and gutter. Backfilling shall be considered incidental to the construction. 34205 @ 1997 Bonestroo, Rosene. Anderlik & Associates. Inc. 2531-1 2531.4. METHOD OF MEASUREMENT: A. Bv Linear Foot: Curb and gutter shall be measured by the linear foot placed. 2531.5. BASIS OF PAYMENT: Reinforcing for concrete curb and gutter shall be paid for at the bid unit price per lineal foot of concrete curb reinforced as stated in the proposal. End of Section 34205 @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 2531-2 2575. TURF ESTABLISHMENT Specific and General Requirements 2575.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of MN/DOT 2575 shall apply. 2575.1. DESCRIPTION: All disturbed areas within the project shall be either seeded or sodded as directed by the Engineer. In general, the boulevard area (20 feet wide) along Quebec Avenue and 42nd Avenue will be sodded and the balance will be seeded. 2575.2. MATERIALS: A. Seed: Shall be Mixture 500. B. Sod: Shall be Type A lawn and boulevard sod. E. Fertilizer: Shall be a commercial grade specified as 20-10-10. F. Mulch Material: Shall be Type 1. 2575.3. CONSTRUCTION REQUIREMENTS: A. General: The contractor is cautioned to salvage all available and suitable topsoil from the project site for respreading on areas to be restored. The work associated \7/ith stripping the topsoil and respreading back on the site shall be considered incidental to the contract. C. Applying Fertilizer: Fertilizer shall be applied at the rate of 300 pounds per acre over all seeded areas of turf establishment. D. So\ving Seed: Seed shall be applied at the rate of 100 pounds per acre over all disturbed areas designated for seeding. Seeding shaH be done as soon as possible after finish grading has been completed. Applying Mulch: Mulch shaH be applied on all seeded areas of turf establishment. H. Disk A...nchoring: Of Type 1 mulch shall be required. The anchoring equipment shall be operated in a general direction at right angles to the direction of surface drainage wherever practical. L. Maintenance: The contractor shall be solely responsible for replacement and/or repair of any seeded area that may wash-out, erode, or fail to grow prior to acceptance with no additional compensation therefor. 34205 @ i 997 Bonestroo. Rosene. Anderlik & Associates. Inc. 2575-1 2575.5. BASIS OF PA YIvffiNT: Seeding shall be paid for at the bid unit price per acre as stated on the proposal. This shall include seed, mulch, fertilizer, grading, shaping, and all miscellaneous work. End of Section 34205 ED 1997 Bonestroo, Rosene. Anderlik & Associates, Inc. 2575-2 24,000. SEWERS Specific Requirements 24,000.0. SPECIFICATION REFERENCE: Unless otherwise noted or modified herein, all sections of the General Requirements shall apply. 24,000.1. DESCRIPTION: This work consists of the construction of gravity storm sewer and all necessary appurtenances and related work as shown on the Plans. 24,000.2. MATERIALS: Materials shall be of the type and class as shown on the Plan and as clarified in the following. a. Rep shall be of the class shown on the Plans, with type R-4 joints. b. Manhole and catch basin frames, covers, and grates shall be of the Neenah style and type, or equal, as designated in the Proposal or on the Storm Sewer Schedule shown on the Plans. C. Manholes and catch basins shall be precast concrete. 24,000.3. CONSTRUCTIOI"J REOUIREMEl'ITS: 24,OOO.3.A3. Field Inspection: The pipe systems shall be promptly inspected and tested as required in other sections of this Specification including lamping of all gravity lines prior to any street construction. Testing shall be completed before the work is considered complete a.nd acceptable for completion date and liquidated damage requirements, The Contractor shall have structures open <Lnd ready for inspection and shall have a representative assist in the inspection. The Contractor shall provide all materials and labor necessary to perform the tests. All tests and inspections shall be performed under the observation of the Resident Project Representative. 24,OOO.3.E3. Pipe Bedding: All Rep and DIP bedding shall be class C-l unless B bedding is shown on the Plan. See Standard Detail Plate No. 375. PVC pipe shall be bedded in accordance with 24,OOO.3.E3.5. See Standard Detail Plate No. 390. 24,000.5.J. Catch Basin Location: Catch basins under curb and gutter shall be installed to lli.1 alignment deviation of less than 0.20' with the top slab centered over the base. Deviations greater than 0.20' shaH be cOlTected by the contractor by moving the base to its proper location. All grade st~1ces involved must be saved by the contractor. Lrl the event that a catch basin location must be adjusted ('md the grade st&.1ze shows the contractor to be in error or the grade stake has been destroyed, the contractor must make the correction at his own expense. 24,000.6. BACKFiLLING: Backfill procedure above the pipe zone shall comply with the general requirements specified in 24,OOO.6.D. (Type C) and the following: 34205 @1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-1 a. All sewer trench backfill within the roadbed areas shall be compacted to Specified Density Requirements as per WlN/DOT Specification 2105.3.Fl. b. All sewer trench backfill in easement areas and within the vicinity of residential house pads shall be compacted to 98% standard Proctor density. c. All sewer trench backfill not within the roadway shall be compacted to 95% standard proctor density. Any settlement of street s~rface in excess of one (1) inch as measured by a ten foot straight-edge within the walTanty period shall be considered failure of the mechanical compaction and the contractor shall be required to repair such settlement with no additional payment therefor. 24,000.9. BASIS OF PAYMENT: 24,000.9.M. Special Structures and Appurtenances: The unit price bid for each for Construct Manhole over existing 21" RCP storm sewer shall be full compensation for all additional work that is required to complete this item. Compensation for the structure a..l1d casting assembly shall be in accordance with the bid unit prices for Construct Manhole and catch basin. End of Section 34205 @1997 Bonestroo, Rosene, Anderlik & Associates, inc. 24,000-2 24,000. SEWERS General Requirements 24,000.1. DESCRIPTION: This work shall consist of the construction of sewers in accordance with the requirements of the Contract. Under the numbering system used herein numbers 24,00Q.2 - 24,000.2.N inclusive, deal with Materials; 24,000.3 - 24,000.7.A inclusive, deal with Construction Requirements; 24,000.8 - 24,000.8.K inclusive, deal with Method of Measurement and 24,000.9 - 24,000.9.M, inclusive, deal with Basis of Payment. It is intended that when the Standard Specifications do not cover the subject matter necessary to be covered, additional numbers in the appropriate section may be utilized in the Specific Requirements and the numericai sequence preserved. 24,000.1.A. Work Included: The Contractor shall, unless specified otherwise, furnish all materials, equipment, tools and labor necessary to do the work required under his contract and unload, haul and distribute all pipe, castings, fittings, manholes and accessories. The Contractor shall also excavate the trenches and pits to the required dimensions; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test. the pipe, castings, fittings, manholes and accessories; backfill and consolidate the trenches and pits; maintain the surface over the trench; remove surplus excavated material; and clean the site of the work. The Contractor shall also furnish all equipment, tools, labor and materials required to rearrange sewers, conduits, ducts, pipes or other structures encountered in the installation of the work. AJl the work to completely construct the sewer facilities shall be done in strict accordance with the contract documents to which these General Requirements are a part. 24,000.1.B. Specification Reference: In these General Requirements reference is made to the Minnesota Department of Transportation Specifications which shaH mean the "Standard Specifications for Highway Construction" of the MnIDOT, dated January 1, 1983 and subsequent amendments. 24,000.2. MATERIALS: The materials used in this work shall be new and conform to the requirements for class, kind and size of material specified below or as altered or more specifically described in the "Specific Requirements", "Special Provisions" and "Proposal". 24,000.2.A. Clay Pipe: Clay sewer pipe and fittings shall conform to the requirements of the current A.S.T.M. Specification C-700 for extra strength clay sewer pipe. Extra strength pipe shall be used for all Vitrified Clay Sewer Pipe on the project. 24,000.2.B. PolyVinyl Chloride Sewer Pipe: Polyvinyl chloride sewer pipe and fittings shall be produced by a continuous extrusion process using Type 1, Grade 1 material as defined in A.S.T.M. Spec. D-1784. The design, dimensions and wall thiclmess shall be in accordance with ASTM Spec. D-3034, SDR 35. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-1 24,000.2.C. Reinforced Concrete Sewer Pipe: The sewer pipe shall conform to the requirements of the Standard Specifications for Reinforced Concrete Sewer Pipe, A.S.T.M. Designation C-76 of the class designated on the plans and in the Proposal. 24,000.2.D. Corrugated Metal Pipe: Corrugated metal pipe shall conform to the Standard Specifications for Corrugated Metal Pipe Culvert of the A.A.S.H.O. Specification M-36 with exceptions and additions as noted in MnlDOT Specification 3226. The kind of base metal and gauge is stated in the "Specific Requirements". If any special coating is required, it will be stated in the "Specific Requirements". 24,000.2.E. Ductile Iron Pipe: Ductile iron pipe shall conform with the requirements of A WW A Standard C151 of the class and type stated in the "Specific Requirements". All ductile iron pipe shall have mechanical or push-on type joints and shall have a standard thickness cement mortar lining in accordance with A WW A Standard CI04. Where ductile iron pipe is used as a pressure line receiving discharge from a pumping station, all joints shall be electrically conductive by use of copper straps or approved conductive gaskets with copper inserts. 24,000.2.F. Cast Iron Fittinl:!s: Vlhere ductile iron pipe is furnished, fittings shall be mechanical joint in accordance with A WVI/ A Standard ClIO. All fittings shall be designed for 150 psi working pressure. All fittings shall have a standard thickness of cement mortar lining in accordance with A WW A Standard CI04. Ductile iron fittings in accordance with A WW A Standard C-153 are considered equal. 24,000.2.G. Joints and Joint Materials: 24,000.2.G.1. Clay Pipe: Clay pipe joints shall be rubber or plastic type compression joints in accordance with A.S.T.M. Spec. C-425. Plain-end vitrified clay pipe may be used which employ Type B compression couplings in accordance with ASTM Specification C594. 24,000.2.G.2. Polvvinvl Chloride Pipe: Polyvinyl chloride pipe joints shall be bell and spigot type with solvent cement applied in accordance with the manufacturer's recommendations. Gasketed push-on type joints are considered equal. 24,000.2.G.3. Concrete Pipe: Reinforced concrete pipe joints shall meet the requirements of ASTI.;1 Specification C-361 and shall be the Bureau of Reclamation Type R-4. Deformed concrete pipe shall be jointed with material similar to Ram-Nek, Hamilton Kent, Kent Seal No. 2 or equal gasket material applied in accordance with manufacturer's recommendations. 24,OOO.2.G.4. Ductile Iron Pipe: Gaskets for mechanical joint and push-on joint pipe shall be designated and manufactured to exact dimensions to assure a liquid tight joint. All joints for pipe used as a pressure line shall be instailed with an eiectric contact through every joint. Joints shall conform to A\VW A Standard Clll. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-2 24,000.2.G5. Corrugated Metal Pipe: Corrugated metal pipe shall be joined using coupling bands in accordance with Mn/DOT Specification 3226. 24,000.2.H. Manhole and Catch Basin Frames & Covers: Cast iron for both manholes and catch basin frames and covers shall be of the best grade of cast iron, free from all injurious defects and flaws and shall be Class 35 iron in accordance with A.S.T.M. Spec. A-48. Each casting shall be sand blasted but no further coating or finish is required. Both the surface of the cover and frame in contact shall be machined for non-rocking protection. The words "SA1"'\TITARY SEWER" or "STORM SEWER" shall be cast on top of each manhole cover in two inch letters where each is applicable. All manhole castings shall be furnished with two concealed type pick holes of a design approved by the Engineer. The type, style and weight of all manhole castings, special castings and catch basin castings shall be as stated in the "Specific Requirements". 24,000.2.1. Manhole Steps: 24,000.2.1.1. Cast Iron Manhole Steps: Cast iron manhole steps shall be manufactured from hi-test metal having a minimum tensile strength 35,000 pounds per square inch. All manhole steps shall be Neenah Foundry Step No. R-198lJ, Badger F-15 or equal. All steps shall conform to the requirements of A.S.T.M. Designation C-478. 24,000.2.1.2. Aluminum Manhole Steps: Aluminum manhole steps of a design similar to the cast iron steps specified may be used. Aluminum manhole steps shall be made of Apex Ternalloy No.5 aluminum alloy. 24,000.2.1.3. Polvpropylene Coated Manhole Steps: Polypropylene molded over steel reinforcing rod and similar in design to the cast iron steps specified may be used. All such steps shail be M.A. Industries (SP-1-PF) Manhole Step, or equal. 24,000.2.J. Pre-Cast Concrete Manholes: Precast concrete manholes shall be used for all manholes more than 6.5' deep from rim to top of pipe and shail conform to the requirements of A.S.T.M. Designation C-478. Segmental block may be used for the lower portion of manholes over large diameter pipe up to the top of the largest pipe. Unless otherwise stated, the internal' diameter shall be four feet. The upper section of the manhole shall be reduced to a smaller diameter opening by use of an eccentric pre-cast cone made expressly for this purpose. On manholes 8 ft. deep and greater the pre-cast section immediately below the cone section shall be one (1 foot in height). The vertical wall of the cone shall be on the downstream side of the manhole, except for pipe 36 inches in diameter or greater where steps will be placed to provide the most suitable access. A minimum of 2 rings and a maximum of rour rings of adjustment shall be allowed. AJI manholes shall be watertight. Precast manhole joints shall be rubber o-ring gasket type. All manhole steps shall be securely and neatly mortared in place. All lifting holes shall be neatly mortared up. Manhole bases may be pre-cast or poured in place. Poured in place bases must be acceptably cured before the manhole sections are placed on the hardened slab. The inverts of all manholes shall be shaped to the half section of equivalent size pipe conforming to the inlet and outlet pipe so as to allow for a free 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-3 uninterrupted flow with all surfaces sloping to the flow line. Manholes may be supplied with preformed inverts and watertight pipe connections for all lines 15" in diameter or smaller. Preformed inverts will not be allowed where pipe grades are 2 percent or greater unless design grade is built through the manhole. All manholes, catch basin manholes and catch basins shall be constructed in accordance with the detail plates included in the contract documents. Where manhole or catch basin depths are less than 6.5 feet from rim to top of pipe, they shall be built with precast concrete manhole sections and a p~ecast concrete manhole slab with offset opening suitable for street loading. Where manholes are constructed using a precast concrete manhole top slab, the pre-cast section immediately below the slab shan be one (1) foot in height. "Mini-Tee" type precast manhole bottom sections may be used for the installation of all small diameter concrete pipe sewers in lieu of the construction method described above. 24,000.2.K. Pre-Cast Segmental Block: Eight inch precast segmental radial block may be used for the lower portion of manhole over large diameter pipe and for shallow manholes and catch basins. Concrete used in the manufacture of these blocks shall conform to the requirements of A.S.T.M. "Specifications for Concrete & Masonry Units for Construction of Catch Basins & Manholes", Serial Designation C-139. The exterior of all block manholes shall be plastered with one-half inch of mortar as per Paragraph 24,000.5.D. 24,000.2.L. Concrete Materials: Concrete for monolithic concrete manholes and all manhole bases shall consist of Standard Portland Cement Type I, clean washed sand and crushed rock and gravel free from deleterious materials. Portland cement shall conform to A.S.T.IVL Specifications, Portland Cement Type I, Standard Serial Designation C-150. Gradation shall be subject to the approval of the Engineer with proper water-cement ratio to obtain a concrete testing not less than 3000 pounds per square inch in 28 days. 24,000.2.M. Mortar Materials: Mortar used for laying up concrete block or brick manholes or used for plastering lift holes and exteriors of manholes shall consist of Standard Portland Cement Type I, Standard Serial Designation C-150. Lime shall conform to specifications for normal finishing hydrated lime, A.S.T.M. Serial Designation C-6 or specifications for hydraulic hydrated lime for structural purposes, A.S.T.M. Serial Designation C-141. Gradation shall be subject to the approval of the Engineer. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & A"8ociates, Inc. 24,000-4 24,000.2.N. Granular Materials: Granular materials used for improved pipe foundation, special pipe bedding, or PVC pipe bedding where improved pipe foundation is required shall meet the requirements of MnlDOT Specification 3149H, Coarse Filter Aggregate except that hard, durable crushed carbonate quarry rock may also be used. The material shall have the following crushing requirements. Not less than 50% of the material, by weight, that is retained on the No.4 sieve shall have one or more crushed faces. Granular materials used for pipe bedding in rock and for PVC pipe bedding where improved pipe foundation is not required shall meet the requirements of MnlDOT Specification 3149A, Granular Borrow, except that 100%, by weight, shall pass the I" sieve. 24,000.3. CONSTRUCTION REQUIREMENTS: 24,000.3.A. Inspection: 24,000.3.A.1. Of Materials at Factory: All materials, whether furnished by the Ovmer or by the Contractor are subject, at the discretion of the Owner, to inspection and approval at the plant of the manufacturer. 24,000.3.A.2. Of Materials at Delivery Point: During the process of unloading, all pipe and accessories shall be inspected by the Contractor for loss or damage in transit. No shipment of material shall be accepted by the Contractor until or unless notation of any lost or damaged material shall have been made on the hill of lading by the agent of the carrier. 24,000.3.A.3. Field Inspection: All pipe and accessories shall be laid, jointed, tested for defects and for infiltration in the manner herein specified as directed by the Engineer and subject to his approval. 24,OOO.3.A.4. Disposition of Defective Material: All material found during the progress of the work to have cracks, flaws or other defects will be rejected by the Engineer and the Contractor shall promptly remove from the site of the work such defective material. 24,000.3.B. Contractor's Responsibility for Material: 24,000.3.B.l. Responsibility for Material Furnished bv Contractor: The Contractor shall be responsible for all material fumished by him and he shall replace at his own expense all such material that is found to be defective in manufacture or that has become damaged after delivery by the manufacturer. 24,000.3.B.2. ResDonsibility for Safe Storage: The Contractor shall be responsible for the safe storage of material furnished by or to him, and accepted by him, and intended for the work, until it has been incorporated in the completed project. 24,000.3.C. Handling Pipe & Accessories: Pipe and other accessories shall, unless otherwise directed, be unloaded at the point of delivery, hauled to and distributed at the site of the project by the Contractor; they shall at all times be handled with care to avoid damage. 24,OOO-General (3/94) Cppyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-5 24,000.3.D. Alignment & Grade & Underground. Surface & Overhead Utilities: 24,000.3.D.1. General: All pipe shall be laid and maintaLned to the required lines and grades; with tees, wyes, catch basins, special structures and manholes at the required locations; and with joints centered and spigots home. Deviation from grade in excess of 0.05 percent may be cause for removal and relaying pipe at the Contractor's expense. 24,000.3.D.2. Existing Utilities: Existing water and sewer mains, and other underground utilities, are shown on the plans only by general location. The Owner does not guarantee that the utilities are complete or that the locations are as shown on the plans, and the Contractor shall be solely responsible for verifying the exact location of each of these utilities, without additional compensation. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project Area. TIle Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project Area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 24,000.3.D.3. Deviations Occasioned by Other Utilitv Structures: Wherever existing utility structures or branch connections leading to main sewers or to main drains or other conduits, ducts, pipe or structures present obstructions to the grade and alignment of the pipe, they shall be permanently supported, removed, relocated, or reconstructed by the Contractor through cooperation with the Owner of the utility, structure or obstruction involved. In those instances where their relocation or reconstruction is impracticable, a deviation from the grade will be ordered and the change shall be made in the manner directed with extra compensation allowed therefore at unit prices, if applicable. 24,000.3.D.4. Deviation with Engineer's Consent: No deviation shall be made from the required line or grade except with the written consent of the Engineer. 24,OOO.3.D.5. Subsurface Exploration: It shall be the Contractor's responsibility to determine and verify the location of existing pipes, valves or other underground structures as necessaPj to progress with the \vork with no additional compensation allowed. The Engineer shall make all known records available. All known utilities are designated on the plans in a general way as stated in Section 24,000.3.D2. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-6 24,000.3.D.6. Overhead Utilities & Obstructions: Overhead utilities, poles, etc., shall be protected against damage by the Contractor and if damaged by the Contractor, shall be replaced by him. Should it become necessary during the progress of the work to remove or relocate existing poles, overhead utilities and obstructions, the Owner shall cause the same to be done at no expense to the Contractor unless othelWise provided for in the lISpecial Provisions" or "Specific Requirement". It will be the duty of the Contractor to visit the site and make exact determination of the existence of any such facility prior to the submission of his bid. 24,000.3.E. Excavation & Preparation of Trench: 24,000.3.E.1. Description: The trench shall be dug to the alignment and depth shown on the plans and only so far in advance of pipe laying as Engineer shall specify. The trench shall be so braced (Section 24,000.3.E.1l) and drained that workmen may work safely and efficiently therein. All trenches shall be excavated and/or sheeted and braced in accordance with applicable State Regulations relating to industrial safetj to a safe angle of repose. Such angle of repose shall be no less than that required by the Accident Prevention Division of the State Industrial Commission or the requirements orthe Occupational Safety and Health Act (OSHA) whichever is more restrictive. All surface water and ground water discharges shall be conducted to natural drainage channels, drains or storm sewers. 24,000.3.E.2. Width: The trench width at the top of the excavation may vary with and depend upon the depth of trench and the nature of the excavated material encountered, but in any case shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly. The minimum width of unsheeted trench shall be 18 inches and for pipe 10 inches or larger at least one foot greater than the nominal diameter of the pipe. All trenches shall be excavated to conform to the State Industrial Commission Safety requirements and applicable OSHA Standards. 24,000.3.E.3. Pipe Bedding: All sewer pipe shall be bedded for strength purposes in accordance with the class of beddLng specified in the Specific Requirements, as detailed ill the Standard Detail Plates, or as indicated on the plans and/or proposal. Vi/here no specific class of pipe bedding is listed, it shall be understood to be Class C-l bedding. Side fills and the area over the pipe to the depths indicated on the sewer bedding detail shall be filled with natural trench material carefully compacted in place. 24,OOO.3.E.3.1. Class C-l BeddinQ:: vVhere Class C-l bedding is specified or allowed with existing materials, the trench shall have a bottom conforming to the grade to which the pipe is to be laid. The pipe shall be laid upon sound soil, cut true and even so that the barrel of the pipe will have bearing over at least 50 percent of the pipe width for its entire length. Bell holes shall be excavated to insure that the pipe rests for its entire length upon the bottom of the trench. When a uniform trench bottom cannot be formed as specified, Class C-2 bedding shall be used. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-7 The Contractor may, at his option, elect to use a Class C-2 bedding in lieu of Class C-l bedding, without any additional compensation allowed therefor. 24,000.3.E.3.2. Class C-2 Bedding: Where Class C-2 bedding is specified or allowed, the pipe shall be bedded on granular materials meeting 24,000.2.N specifications. The depth of bedding shall be one fourth of the outside diameter of the pipe barrel, but not less than six inches in accordance with the standard detail plates. 24,000.3.E.3.3. Class B Bedding: Where Class B bedding is specified or allowed, the pipe shall be bedded on granular materials meeting 24,000.2.N. specifications. The depth of bedding shan be one fourth of the outside diameter of the pipe barrel, but not less than six inches, plus one half of the outside diameter of the pipe barrel all in accordance with the standard detail plate. 24,000.3.E.3.4. Class A Bedding: Where Class A bedding is specified or allowed, the pipe shall be bedded in the same manner as for Class C-l bedding except that 2000 psi concrete shall be placed around the pipe from the bottom of the trench to a point one half the outside diameter of the pipe barrel above the bottom of the trench all in accordance with the Standard Detaii Plate. 24,000.3.E.3.5. PVC Pipe Bedding: All polyvinyl chloride sewer pipe shall be installed and bedded in accordance with ASTM specification D-2321, "Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe" with granular materials meeting Specification 24,000.2.N. used for all PVC pipe bedding. The granular materials shall be placed from a point 6" below the bottom of the pipe to a point 12" above the top of the pipe. Bedding requirements shall include mechanical compaction of sand and gravel material surrounding the pipe to at least ninety-five (95%) percent of maximum density as described in ASTh1 Methods D698 to prevent deflection of the pipe cross-section. Payment for such bedding and compaction operations shall be considered incidental to the installation of the sewer pipe. Vlhere existing soils are of non-granular nature, the Contractor shall furnish sand or gravel material for pipe bedding as incidental to the cost of the pipe. The Owner reserves the right to measure deflection of PVC sewer pipe 30 days after placement of backfill material in the trench and at any time during the warranty period. Deflections greater than five (5%) percent of the inside pipe diameter shail be considered failure of the bedding procedure and the Contractor may be required to re-excavate the trench and provide additional compaction along the side of the sewer pipe 'with no additional compensation for such work. Det1ection testing of PVC pipe shall be perfomled by the contractor with no additional compensation allowed therefor. 24,000.3.E.4. Correcting Faulty Grade: AllY part of the trench excavated below grade shall be corrected with approved material thoroughly compacted without additional compensation to the Contractor. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-8 24,000.3.E.5. Improved Pipe Foundation: When the bottom of the trench is soft or where in the opinion of the Engineer unsatisfactory foundation conditions exist, the Contractor shall excavate to a depth to insure proper foundation. The excavation shall then be brought up to pipe grade with thoroughly compacted granular materials meeting Specification 24,000.2.N. No payment will be made for rock installed without the knowledge or consent of the Engineer nor will payment be made for rock installed only for dewatering purposes. Payment will be made for only the authorized granular foundation material placed under the pipe. It shall be the Contractor's responsibility to notify the Engineer of changing soil conditions which may be of poor bearing capacity and when organic soils are encountered. Where utilities are placed on unstable soils without notification of the Engineer, the Contractor shall be responsible for all repairs and correction of the installation without further compensation. 24,000.3.E.6. Pipe Clearance in Rock: Ledge rock, boulders and large stones shall be removed to provide a clearance of at least 6 inches below the outside barrel of the pipe and to a clear width of 6 inches on each side of all pipe and appurtenances for pipe 15 inches or less in diameter; for pipes larger than 15 inches, a clearance of 6 inches below and a clear width of 9 inches on each side of outside diameter of pipe shall be provided. Adequate clearance for properly jointing pipe laid in rock trenches shall be provided at bell holes. 24,000.3.E.7. Pipe Bedding in Rock: Where rock is encountered, the space between the rock and the pipe surfaces shall be backfilled with granular materials meeting specification 24,OOO.2.N. and thoroughly tamped. The material from the trench excavation, other than rock, boulders, peat, silt or other unacceptable material, shall be considered as suitable material. No additional compensation for placing or tamping this material shall be allowed. However, in the event that additional material must be hauled in, the hauling of the suitable granular material for the pipe bed shall be paid for on a weight basis only when ordered placed by the Engineer. 24,000.3.E.8. Solid Rock Excavation Defined: Solid rock excavation shall include such rocks as are not decomposed, weathered or shattered and which will require blasting, barring, wedging or use of air tools for removal. Under this classification shall be included the removal of any concrete or masonry structures (except concrete pavement, curb, gutter and sidewalk) or boulders exceeding one-half (112) cubic yard i..i1 volume that may be encountered in the work. 24,000.3.E.9. Blasting Procedure: Blasting for excavation will not proceed until the Contractor has notified the Engineer of the necessity to do so, such notification shall in no manner relieve the Contractor of the hazards and liability contingent in blasting operations. The hours of blasting will be fi:xed by the Owner. iilly damage caused by blasting shall be repaired by the Contractor at his expense. The Contractor's methods of procedure relative to blasting shall conform to local and state laws and municipal ordinances. 24,000.3.E.10. Bell Holes Required: Bell holes of ample dimensions shall be dug in trenches at each joint to permit the jointing to be made properly. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-9 24,000.3.E.l1. Braced & Sheeted Trenches: The Contractor shall adequately brace and sheet excavations wherever necessary to prevent caving or damage to nearby property. The cost of this temporary sheeting and bracing, unless provided for otherwise, shall be considered as part of the excavation costs without additional compensation to the Contractor. Trench sheeting or bracing shall remain in place until the pipe has been laid, tested for defects and repaired if necessary, and the earth around it compacted to a depth of one foot over the top of the pipe. Sheeting, bracing, etc. placed in the "pipe zone" (that part of the trench below a distance of one foot above the top of the pipe) shall not be removed without the written permission or written order of the Engineer. Sheeting ordered left in place by the Engineer shall be paid for at the unit price bid. The Contractor may also leave in place, at his own expense, any sheeting or bracing in addition to that ordered left in place by the Engineer necessary to prevent injury or damage to persons, corporations, or property, whether public or private, for which the Contractor under the terms of this contract is liable. 24,000.3.E.12. Manner of Piling Excavated Material: All excavated material shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Gutters shall be kept clear or other satisfactory provisions made for street drainage. 24,000.3.E.13. Maintenance of Traffic: When traffic cannot be diverted, it will be permitted to use the highway at all times. the Contractor shall at his own expense erect and maintain warning signs and warning barricades. The Contractor shall at his own expense, place and maintain acceptable warning lights and barricades to protect persons from injury and to avoid property damage. At all dangerous intersections, bypasses, and intercepting roads, the Contractor shall at his own expense furnish, erect and maintain such warning barricades as are necessary and required by the Engineer, and he shall place and maintain acceptable warning lights at each. It shall be the Contractor's responsibility to check and inspect all lights and barricades at all times including Sundays and Holidays. He shall maintain the streets in a passable condition, shall conduct his work so as to create a minimum amount of inconvenience to traffic and shall furnish not less than t"\-vo flagmen at each location where loadhig or depositing of material requires the turning of the trucks on any state highway or "main street" and where the operation of construction equipment endangers traffic. Temporary suspension of work does not relieve the Contractor of the responsibility outlined in the above requirements. 24,OOO.3.E.14. Property Protection: Trees, fences, poles and all other property shall be protected unless their removal is authorized; and any property damaged shall be satisfactorily restored by the Contractor, or adequate compensation therefor shall be the responsibility of the Contractor. \\There tree trimming is required, all cut surfaces one inch or more in diameter shall be covered with a coat of asphalt paint. 24.000-General (3/94) Copyright 1994 Bonestroo. Rosene. Anderlik & Associates, Inc. 24,000-10 24,000.3.E.15. Interruption of Water Selvice: No valve or other control on the existing system shall be operated for any purpose by the Contractor without approval of the Engineer and all consumers affected by such operation shall be notified by the Contractor at least an hour before the operation and advised of the probable time when selVice will be restored. 24,OOO.3.E.16. Tunneling. JackinlZ or Excavation Other Than Open Trench: Where pipe cannot be placed by open trench excavation, the method for placing and payment thereof shaH be stated in the "Specific Requirements". 24,OOO.3.E.17. Manner of Handling Pipe &. Accessories Into Trench: Proper implements, tools and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and convenient prosecution of the work. 24,OOO.3.E.18. Pipe Kept Clean: All foreign matter or dirt shall be removed from the inside of the pipe before it is lowered into its position in the trench, and it shall be kept clean by approved means during and after laying. All matter entering the pipe shall be removed by the Contractor prior to acceptance with no additional compensation allowed. 24,OOQ.3.E.19. Laving the Pipe: Tne spigot shall be lubricated, centered in the bell, the pipe shoved into position and brought into true alignment; it shall be secured there with earth carefully tamped under and on each side of it, excepting at the bell holes. Care shall be taken to prevent dirt from entering the joint space. 24,000.3.E.20. Preventing Trench Water From Entering Pipe: All openings along the line of sewer shall be securely closed, and at the suspension of work at any time, suitable stoppers shall be placed to prevent water, earth or other substances from entering the sewer. 24,000.3.E.21. Bell Ends to Face Direction of Laying: Pipe laying shall proceed upgrade with spigot ends pointing in the direction of flow. 24,OOO.3.E.22. Railroad &. Highway Crossing: 'When any railroad or highway is crossed, all precautionary construction measures required by the railroad or highway shall be followed. Railroad or highway crossings shall be jacking or tunneling and construction and penn it requirements shall be as stated in the "Specific Requirements". 24,OOO.3.E.23. Unsuitable conditions for Laving Pipe: No pipe shall be laid in water or when the trench conditions are unsuitable for such work. 24,OOO.3.E.24. Jointing: Joints for vitrified clay and concrete pipe shall be made by wiping the joints clean, applying the manufacturer's recommended lubricant compound over the entire joint surface and then inserting the spigot end into the ben with sufficient force to properly seat the pipes. Joints for polyvinyl chloride pipe shall be made by the use of a solvent cement or push- on rubber gaskets. All jointing procedure shall be in accordance with the recommendations of the pipe manufacturer. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, .t\nderlik & Associates, Inc. 24,000-11 After joints are made, any superfluous material inside the pipe shall be removed by means of an approved follower or scraper. All joints must be watertight, and any leaks or defects discovered must be immediately repaired. Any pipe which has been disturbed after being laid must be taken up, the joint cleaned and properly relaid as directed by the Engineer. Joints connecting cast iron pipe with concrete or clay pipes shall be made with a concrete collar completely surrounding the joint or approved adapter. \'-'here a sewer line outlets to grade or where the line is terminated with a flared end section, the Contractor shall fasten at least the last three (3) joints together by the use of "U" bolt fasteners approved and as recommended by the pipe manufacturers. 24,000.4. SERv1CE CONl'ffiCTIONS: 24,OOOA.A. Wye Branches: Extra strength wye branches shall be placed at the locations directed by the Engineer. The wye branch shall be placed so that the v..'Ye is located at approximately a 450 angle from horizontal. Vitrified or other suitable plugs shall be provided for the openings. Plugs shall be installed with Atlastic 77, Sonolastic Sealant or equal joint material or shall be specifically designed for the opening to be plugged. 24,OOO.4.B. Risers: Standard weight cast iron soil pipe shall be used as risers to extend service connections to a point within 10 feet of the street grade or as directed. Risers shall be installed in accordance with the standard service riser detail plate. Care shall be taken in backfilling so as not to damage the riser installation. Suitable plugs shall be provided for the openings, properly sealed. 24,000.4.c. Records & Location of Service Connections: It shall be the duty of the Contractor to keep an accurate record of service connections, as to location, depth to top of riser, type of connection provided, etc. Location shaH be made in respect to nearest manhole center, downgrade from the service. This record shall be turned over to the Engineer at the end of each week. 24,000.5. W..AJ."\THOLES: 24,000.5.A. General: All reference to manholes shall apply equally to catch basin structures in this section of the specifications. 24,000.5.B. Excavation: Excavation shall be to a depth and size to provide for construction of the manholes and catch basins as shown in detail on the plans. 24,000.5.C. Concrete Base: Concrete base for manhole construction shall be of size and depth as shmvn on the plans. Concrete used for this purpose shall consist of one part Portland cement, two parts of clean sharp sand and four parts of graded coarse aggregate. Material used for this purpose shall be subject to the approval of the Engineer. Base shall be poured on undisturbed earth prior to setting the precast manhole sections. Precast concrete manhole bases shall be considered equal. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-12 24,000.5.D. Walis: Material to be used in the walls of manholes shall be as specified in Section 24,000.2. All external surfaces of concrete block manholes if permitted shall be plastered with a 1/2 inch coat of Portland cement mortar. Mortar shail contain one patt of cement to three parts of suitable plaster sand. Lime or mortar mix shall be used in amount necessary to make a suitable mixture for plastering purposes, but not to exceed 15% by volume of cement. Mortar used for laying concrete block shall consist of one part Portland cement to r\\'o parts of sand to which lime or mortar mix may be added not to exceed fifteen percent (15%) by volume of cement. 24,OOO.5.E. Manhole Steps: Manhole steps shall be of the type as specified in Section 24,000.2.1. Spacing shall be as shown on the detailed manhole plans, but not greater than 16 inches in vertical alignment. 24,000.5.F. Placing Manhole Rings & Covers: The frame or ring casting shall be set to the designation elevation in a full mortar bed. 24,000.5.G. Placing Catch Basin Frames & Covers: Where catch basins are to be placed to final grade and castings are to be installed in curbing, then the casting and all adjusting rings shall be encased in concrete at least 4 inches in thickness. Where curb and street work is to be done under separate contract the casting frame shall be set in mortar only. 24,000.5.H. Drop Manhole Inlets: Encased drop inlets shall be constructed as required on the plans and in accordance with the standard Drop Inlet Detail Plate. 24,000.6. BACKFILLING. CLEANING UP & MAI1\TTAINING SURFACES: 24,000.6.A. Backfilling Procedure at Pipe Zone: All trenches and excavations shall be backfilled immediately after pipe is laid therein. For backfill up to a level of one foot over the top of the pipe, only selected materials free from rock, boulders, debris or other high void content substances, shall be used. The backfilling shall be placed completely under the pipe haunches in uniform layers not exceeding 4 inches in depth. Each layer shall be placed, then carefully and uniformly tamped to eliminate the possibility of lateral displacement and to provide uniform support completely under the pipe haunches. The backfill material shall be moistened if necessary, tamped in 4 inch layers and thoroughly compacted under and on each side of the pipe to provide solid backing against the external surface of the pipe. The installation and backfilling of polyvinyl chloride pipe shall be in accordance with A.S.T.M. D-2321 with special attention given to compacting the backfill material around the pipe to at least 95 percent of maximum density to a distance of one foot above the top of the pipe. 24,OOO-General (3/94) Copyright 1994 Bonestroo. Rosene. Anderlik & Associates, Inc. 24,000-13 24,000.6.B. Backfill Procedure Above Pipe Zone: (Type "A") Procedure where settlement is allowable. Succeeding layers of backftll may contain coarser materials and shall be free from pieces of rock, concrete or clay lump more than one cubic foot in volume, roots, stumps, tin cans, rubbish, frozen materials and other similar articles whose presence in the backfill would cause excessive settlement. This type of backfilling may be accomplished above the pipe zone by any mechanical means or otherwise, at the option of the Contractor. Surface shall be maintained in passable condition for traffic until date of final inspection. Backfilling under exposed existing utilities shall be compacted to prevent settlement and any future displacement. 24,000.6.C. Backfill Procedure Above Pipe Zone: (Type "C") Succeeding layers of backfill may contain coarser materials and shall be free from pieces of rock. concrete or day lump more than one cubic foot in volume, roots. stumps, tin cans, rubbish, frozen materials and other similar articles whose presence in the backfill would cause excessive settlement. This type of backfilling may be compacted by puddling with hose and long pipe nozzle or by flooding the trench, as the backfilling is accomplished above the pipe zone by any mechanical means or otherwise at the option of the Contractor. It is important that proper precautions he taken to prevent flooding of the pipe when flooding the trench. and the Contractor shall be wholly responsible for neglect of these precautions. 24,OOO.6.D. Procedure Where No Settlement is Allowable: (Type "C") Succeeding layers of backfill may contain coarser materials and shall be free from pieces of rock, concrete or clay lump more than one cubic foot in volume, roots, stumps, tin cans. rubbish, frozen materials and other similar articles whose presence in the backfill would cause excessive settlement. This type of backfilling shall be placed in uniform layers, before compaction. of approximately 6 inches, tamped by mechanical means to the density specified in the Specific Requirements. 24,000.6.E. Procedure Where No Settlement is Allowable: (Type "D") Succeeding layers of backfill shall be made of selected materials meeting requirements as set forth in the "Specific Requirements." This type of backfilling shall be placed in uniform layers, before compaction, of approximately 6 inches, tamped by mechanical means to the density specified in the Specific Requirements. 24,OOO.6.F. Density Tests: Density tests will be performed by an approved soils testing finn at various locations and depths throughout the project as directed by the Engineer. The Contractor shall cooperate fully and provide assistance as necessary to complete these tests with no additional compensation being made to the Contractor. All testing costs pertaining to passing tests shall be paid for by the Owner. All testing costs pertaining to failing tests will be charged to and paid for by the contractor. Where areas have not been compacted sufficiently to meet specific density requirements, these areas shall be excavated and recompacted until the density requirements are met. All cost for the work associated with recompaction shall be the Contractor's sole responsibility. 24.000-General (3/94) C-Opyright 1994 Bonestroo. Rosene. Anderlik & Associates, Inc. 24,000-14 24,000.6.G. Deficiency of Backfill. By Whom Supplied: Any deficiency in the quantity of material for backfilling the trenches, or for filling depressions caused by settlement, shali be supplied by the Contractor with no extra compensation allowed. Any settlement which occurs shall be refilled by the Contractor. Material shail be provided at the Contractor's expense and the material shall be approved by the Engineer. 24,000.6.H. Disposal of Excess Materials and Debris: Unless otherwise specified, excavated material either not suitable or not required for fill material shall be disposed of by the Contractor outside of the right-of-way at his expense in any manner he may elect subject to the provisions of the following paragraph. Before dumping such materials or debris on a private or public land, the Contractor must obtaitl from the Owner of such land written permission for such dumpLrlg and a waiver of all claims against the Owner for any damage to such land which may result therefrom together with all pennits required by law for such dumping. A copy of such perrnission, waiver of ciaims and permit shall be filed with the Engineer before said disposal is made. 24,000.6.1. Restoration of Surface: ftJl surfaces disturbed during the construction period, whether caused by actual excavation, deposition of excavated material, or by the construction equipment, shall be returned to its original conditions or better. Exceptions to the above, if any, or special instructions pertaining to any particular section of the project will be outlined in the "Special Provisions". 24,000.6.J. Cleaning Up: Surplus pipe line material, tools and temporary structures shall be removed by the Contractor, and all dirt, rubbish, caused by his operations and excess earth from excavations shall be hauled to a dump provided by the Contractor and the construction site shall be left to the satisfaction of the Engineer. Clean up and restoration shall include the replacement and restoration of all street signs, mailboxes, posts, fences and similar items disturbed by the construction described herein. Unless otherwise noted in the Special Provisions or Proposal all items of clean-up and restorations shall be considered incidental to the contract with no additional compensation allowed. 24,000.7. TESTING PIPE LINES: 24,OOO.7.A. Infiltration in Sewers: Upon completion of the sewer construction, leakage tests shall be made to determine the amount of ground water infiltration into the sewers. Measurements wili be made by means of 900 V-notch weirs placed in the lines. Measurements shall be taken at all points where, in the opinion of the Engineer, the flow of water in the sewers is greater than the maximum allowable leakage. Tests may be taken between individual manholes and the infiltration in any given line shall not exceed the specified maximum allowable rate. 111e maximum allowable rate of leakage shall not exceed 100 gallons per mile per inch diameter of pipe per day. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-15 The Contractor shall furnish the weirs and other material and the labor for placing the weirs in the sewers and shall assist the Engineer in making the measurements. The Contractor shaH receive no additional compensation for making the leakage tests or corrective work necessary to reduce leakage below the maximum allowed by the specifications. 24,000.8. METHOD OF MEASUREMENT: 24,OOO.8.A. Trench Excavation: Trench excavation will be measured in linear feet of trench according to the zone classifications specified as follows: From 0' to 8', from 8' to 10', and in two foot increments thereafter, which are based on the total depth of the trench to the designated grade of the pipe invert. No deduction in depth will be made for rock encountered in the trench above the designated grade. Measurement will be made along the centerline of the sewer and from center to center of all manholes, catch basins or junction fittings. 24,000.8.B. Solid Rock Excavation: If solid rock is encountered in the trench, such rock excavation shall be measured by volume in cubic yards and shall be measured from the top of the rock to a point six inches below the outside barrel of pipe and twelve inches from each side of inside diameter of pipe. The minimum trench width of the solid rock excavation shall be 36 inches. For measurement purposes volume will be computed based on vertical walls for the width specified above. 24,000.8.C. Sewer Pipe with Bedding: Sewer pipe of each diameter and classification furnished and installed with associated pipe bedding will be measured separately by length in linear feet. Measurement will be made along the centerline of the sewer and from center to center of all manholes, catch basins or junction fittings. Where bends, tee manholes, flared end sections or other special shapes are installed, the length of pipe replaced by these structures shall be deducted from the distance from center of manhole to center of manhole for pay purposes. The special structures will be paid for as separate bid items. 24,000.8.D. Service COimection: \Vyes and tee branches of each diameter and classification furnished and installed will be measured as a unit. 24,000.8.E. Service Riser Pipe: Sewer pipe used for service risers of each diameter and classification furnished and installed will be measured separately by vertical length i.il linear feet from the centerline of the sewer to the top of the last riser section. 24,000.8.F. ConstructinE: Manholes: Manholes will be measured by depth of the structure from the invert of the pipe to the top of the cover in linear feet, based on the dimensions as staked by the Engineer. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-16 24,000.8.G. Constructing Catch Basins: Catch basins will be measured by the number of catch basins completed as to shape, size, and depth according to the plans. 24,000.8.H. Improved Pipe Foundation: Granular materials placed for improving pipe foundation below the specified pipe bedding shall be measured by the lineal foot of pipe placed with improved foundation in six inch depth increments of granular material placed. As an example, if two feet of granular material is required for improved pipe foundation under a 12" pipe installed with C-2 bedding; si:x inches of material is required for Class C-2 bedding and improved pipe foundation shall be measured as three lineal feet, six inches deep. 24,000.8.J. Drop Inlets: Drop inlets will be measured by depth from the lowest invert of the manhole to the invert of the pipe being served by the drop inlet. 24,000.8.K. Special Structures & Appurtenances: Methods of measurement for speCIal structures and appurtenances not included above shall be as stated in the "Special Provisions," "Specific Requirements," and "Proposal". 24,000.9. BASIS OF PAYMENT: 24,000.9.A. Trench Excavation & Backfill: Regardless of the width excavated, sewer pipe furnished and installed with bedding will be paid for at the Contract Unit Price per linear foot of pipe falling within each of the following depth zones as measured from the profile grade: From 0' to 8', from 8' to 10', and two foot increments thereafter. Excavation and backfilling of trench and associated pipe bedding shall be included in the price of sewer pipe furnished and installed. 24,OOO.9.B. Solid Rock Excavation: Solid rock excavation will be paid for at the Contract Unit Price per cubic yard. 24,000.9.C. Sewer Pipe with Bedding in Place: Sewer pipe in each diameter and classification furnished and installed will be paid for at the Contract Price per linear foot which shall include payment for trench excavation and backfilling and associated pipe bedding. 24,OOO.9.D. Ductile Iron Pipe: Ductile iron pipe will be paid for at the Contract Unit Price per linear foot for each type and diameter or pipe rurnished which shall include payment for trench excavation and backfill. 24,OOO.9.E. Wve Branches: Wye branches will be paid for at the Contract Unit Price for each unit fumished and installed of the size specified on the Proposal. 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-17 24,000.9.F. Service Riser Pipe: Service riser pipe will be paid for at the Contract Unit Price per linear foot for the vertical distance from the centerline of the sewer to the top of riser. Concrete reinforcement of the main sewer and riser pipe as described in Section 24,000.4.B. shall be considered as incidental and will not constitute a pay item. 24,000.9.G. Constructing Manholes to Depth of Ei2:ht Feet: Constructing of manholes to a depth of eight (8) feet will be paid for at the Contract Unit Price per manhole which shall include furnishing and placing the manhole frame and cover. This section also applies to all catch basin manholes and catch basins. 24,OOO.9.H. Constructing Manholes to a Depth Greater than Eight Feet: Constructing of manholes to a depth greater than eight (8) feet will be paid for at the Contract Unit Price per manhole plus the unit price per linear foot for each foot of depth that is greater than eight feet. This section also applies to all catch basin manholes and catch basins. 24,000.9.1. Constructing: Catch Basins: Constructing catch basins as shown on the plans will be paid for at the Contract Unit Price per catch basin which shall include furnishing and placing the catch basin frame and grating. 24,000.9.1. Improved Pipe Foundation: Authorized granular materials for improving pipe foundation in place shall be paid for at the Contract Unit Price per lineal foot for each six inch layer placed below pipe bedding. 24,000.9.K. Sand Cushion: Granular material for a sand cushion in place in rock excavation shall be paid for at the Contract Unit Price per ton. 24,000.9.L. Drop Inlet Pioe: Drop inlets in place shall be paid for at the Contract Unit Price per linear foot which shall be payment in full for the extended manhole base, encasement, drop pipe, cast iron tee, cast iron pipe and concrete collar. Payment shall be made for sewer pipe from center to center of all manholes as per Section 24,000.8.C. when cast iron pipe is extended for drop inlets. 24,000.9.M. Special Structures & Appurtenances: Basis of payment for special structures and appurtenances not included above shall be stated in the "Special Provisions," "Specific Requirement," and "Proposal". End of Section 24,OOO-General (3/94) Copyright 1994 Bonestroo, Rosene, Anderlik & Associates, Inc. 24,000-18 o ..f.././ I ~ ;' I I: t----;.,.. r i. . '~ ~.. 1:0,,1.'1 I I --3..,) -I.--- ~, r.'.1 ! ~ I 1.:1/ (f) I I Q) F I.... o > I II JD~ A I I , ! I II II 'I II I I l I @ JtJJ ~ 1\)1 NOTE: Kor-n-seal manhole or equal ~ ) considered acceptable alternate. t-----+~ 8" PI-ecast segmental con rete block to i ' ( 1 be built up to the top of the pipe, for manhole with pipe over 24";2), Plaster exterior. ----- 8" thick x 6'-0" diameter precast concrete slab with #4 @ 8" e.w. STANDARD DETAil S STORM SEWER Iv1.A.I\JHOLE PLAN "AU 4'-0" --J~ SECTION Sanest roo Ro~ene AnderHk. & A8~ociates r I I l C Eng/Merta €a Archlte-cte St. Pau~ Minne~h~ 92_1-08.DWG 1 =32 Grout bottom of manhole to 1/2 diameter at pipe and slope grout 2" toward invert. Manhole steps shall be placed so that offset vertical portion of cone is facing downstream. CASTING I A 8 R16428 I 27" 7" Ess.8ro.309 I 27" 7" Neenah frame and cover or equal lettered, "Storm Sewer", with 2 concealed pick holes. Minimum of 2 maximum of 6 concrete adjustment rings with full bed of mortar between each. Maximum 24" Adjustment Allowed Including Rings And Casting. ~ Manhole steps, Copolymer Polypropylene Plastic, With 1/2" Grade 60 Steel Reinforcement Or Equal, 16" On Center. All joints in manhole to have "0" ring rubber gaskets. - Pipe shall be cut out flush with inside face of wal!. J ")("lOst -Revision: Ii " ~ . H Feb. 1995 JI .~'-- !(8RA Plate Noll II 1 - 08 II -1 \. .J )( City Plate No. Il . I II I I I I -I Ii II II Ii II I I Variable (see plan) Perforated pipe drain may be required by city ~~~e~~_S~O~~3_1- ~I ----- --- - ---- ==J=--- -- 3'-0" ~I _-1________ ----- ?1 Nt J Face of Curb ~ 1 Direction of Flow -- NOTE: Vane Grate Shown I I II II I P L ft\ N Catchbasin casting Neenah R30S7V or Ess.8t-o.33 High Capacity or equal ',''1ith Vane qrate 3" radius c-urb box. /- Grate to be 2" below gutter / grade. 10' transition each side of catch basin. iVariable Top of Curb I I I ~ ' I I II II n II Ii II II II Ii II i I I I ---"1 (L~st Revision: I H reb. 1995 !'" - i(8RA Plate No. I !I ... 1 a ) ~._ I -..; I Jr City Plate No.;1 _ l . JJ Min. of 2 max. of 6 concrete adjustment rings with fu!l bed of grout between each and a 4" collar on the outside. I 1 I I I II II ! I l @n Bone8troo ~ Rosene ~ AnderHk& .\.1. Ae~ocjate~ ;, Ell A I LS'I/2" .~ AI 2: Grou t ~ Doghouses shall be grouted on both the outside and the inside. . I <.01 ! I SECTION Engineer.: & Architects Sf. PI!U~ Minnesota 'L ( STANDARD DETAILS TYPE II CA TCHBASiN 92_1-19.DWG 1=32 1/2"r <1 1/2"r / ~. ~ 4; ~ 1 . . i1 , J to N '-.... .~ <1 l"") ~ ~. I~ 8" 24" I l"") r6":;,.!"'ll Distance to if. variable ~I ~3"r I A 4 1 / I I : T l3 s ope <.0. ~ I 3/4" per ft ~ . I 4~ 4p <1] I I :;;;-1 A : I !'-\ 'if , 1/2"r N '-.... ,/ 1/2"r . 4 r . pi I I 8" I ~ ~:~ I , l. 12" 1/2"( , ~ 5 slope -r-~r~ 3/4" per :i:A D oJ t> l N! NI . DoJ '-.... I. '/ ..-~ I . ~ 1 ! (J)i L1. oJ.D J , - /) - ~ / 1/2"r ft/ ~ : T tOl I '!I] , I I I, I II . I I. I I \. cg n Bonestroo ~ Ro~ene . . AnderHk &. Associates 12" SurmountablJ ~ 18" """i 8624 engineers fa Al"chiteete Sf. PalJ~ Mlnneeot@ I r=--=- Il ( STANDARD DETAILS CURB AND GUTTER 92_4-01.DWG 1=1 MnDOT 8624 MnDOT 8612 I I II ,I II II II II II II I II ! I I DRIVEVvA Y ~ )(Last Revision: I !i I It Nov. 1988 ,J ~ . 'rSRA Plate No. I J 4- 01 ...-J jr City Plate No. I . J" ~ 12203 Pll'lnooiofl'i Avenue ~en Prairie, MN 55347 Offie&: (612) 941g4805 FAX: (612) 829-1213 Limited S(;ope Asbestos Survey. April, 1997 Report FTepared For: 'R IF .."."... ~ 'R, f{""""'. ~ ~ .LVIf. .KJ.rk iVIClJonald. Ma...nagement i\ssistmt I Commwity Development COOrdiJlator Cit'v' of New Hope 4401 Xylon Avenue North New Hope I''lfrJ 55428-4898 Presented By: Analytical [j ~o/()>\\ /F}P lJ Full Service Laboratory and on-site Industrial Hygiene Services for the Hazardous Material Abatement Industry LIMITED ASBESTOS SURVEY REPORT 7528 42nd A venue North City of New Hope 4401 Xylon Avenue Nort.i} New Hope, 1\1innesota 55428 fu1.gstrom No.97-04-14 Prep&."Cd by: Angstrom Amlliytic~ Inc. 12203 Pfll'1ceton Avenue Eden Prairie rvIN' 55347 (612) 941-4805 1:., """,1 1 {}Ui ... il..t'-1_..ll.A. ..ii_" i Table Of Contents 1.0 Introduction 1.1 Purpose 1.2 Scope of W ort,!{ 2.0 Project Results 2.1 Area of Investigation 2.2 Bulk A.nalvsis Results 2.3 Response Action Ratings and Alternatives 3. 0 Reco:m:meifHl~tions 3.1 Long-Term Response Actions 3.2 Deferred Action Consideration 4.0 Ashestos 5.0 Licenses &, Ceruncatim]s {"n v~v 1~ Sheets LIMITED ASBESTOS SURVEY REPORT 7528 42nd Avenue North City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Angstrom No. 97G02G14 1.fi Introductlolrn. 1.1 Pu:rp-ose A.ngstrom Analytical Inc. (Angstrom), was contracted to perform a limited survey for asbestos-containing materials (ACM) at the property located at 7528 42nd Avenue North, New Hope, MN 55428. The purpose of the survey was to identify, assess at'1d quantify accessible materials tl1at contain. asbestos. Angstrom's services were requested by Mr. Kirk McDonald, Ma.11agement p..ssistant / COlTh.'11Umty Development Co-Ordinator, City of New Hope, 4401 Xylon Avenue North, New Hope, t,,1:N' 55428.. 1.2 SC(HJe of Vlork On 4n /97 & 418/97 representatives of Angstrom conducted a lim.ited bui1d1.~g survey for the identification a.'I1d assessment of suspe.ct ACIvI at Lie property 10"...ated at 7528 42nd Avenue North, New Hooo,lvli"~ 55428. To date, u~e followinft wof~ has been completed: ~ ...,- A WI1J.k-t.hrough of the buildit1g's interior spaces, with observations of accessible suspect ACM a.."l1d assessment of p.otential hazards from suspect ACM. Suspect ACM bulk sfui1ple collection from representative areas and maten31 types. Analysis of bulle sa.lnples by pvla...ized light microscopy using U.S. Environmental Protection Agency (EP A) rviel:!.100 600lM4-82-020, Preparation of tl11s building survey report. including sample fuialysis results. 2.01 Proj~d Resul~ 2.) Area of Investigation The project cop.sisted of 1 buildi.i1g!st\'ucture and is de...;:cribed this report as fOTIO"NS: ,,~ "'R il..ll' "')-2842 d A ~~, 1\1- u ~ ""... IiJi .t'oremOSt.uti umg , I::> III . ~ venue I\lOrt..I1, flew -'-lOpe, NJLPI. Building materials were identified and assessed in all areas requested by Mr. McDonald. These materials were then grouped into homogenous systems and sampled, as explained in section 4.0 "Asbestos Building Survey Remarks." The survey did not include exterior components of the building (e.g. roofmg materials) or inaccessible interior components (e.g. pipe insulation in concealed chase.s). However it is not thought that this building contains any concealed chases that in turn may contain possible ACM pipework insulation. 2.2 Bulk Analysis R.esul ts Please refer to the reieva11t section (Appendix 1) of this report for a discussion of specific building materials, and locations. 2.3 Response Action Ratings and Alternatives There are four recognized alternative courses of action to control ACMs in buildings: (1) removal and disposal; (2) enclosure; (3) encapsulation; and (4) no action, with implementation of an operations and mah'1tenance (0 & Iv.1) I continued surveillance prograiTL The selection of any particular alternative should be based on i11tended use of the building, exposure potential, constr'..1CllOn or demolition activity, cost, a.'1d current regulations. Each Assessment Table includes a response action based on factors such as friability, accessibility, potential for disturbat'1ce, etc. Definitiop..s for the response ratings are listed below: o = Material does not contain detectable lilTIOtLn!:s of asbestos and requires no asbestos related abatement action~ ~ 1 = Material contains astr..stos, was nm.friable, and reQuireS no abatement action unless sanded, abraded, drmed, or othervvise disturbed. We recoIill-nend p-eriodic reassessment of condition. 2 = Material contains asbestos and \-vas friable. Damage was not observed; no immediate abatem.ent action is required. We reco:i1"'lm.end periodic iP..spectior..s for confirmation of the condition of the material. 3 = Material contains asbf;stos3 \vas friable,a..nd Sl10WS signs of lc~alized darn age with a potential for dismrb~.nce. Repair or removal is recommended to reduce the potential for fiber release. Periodic i.7lSpectiOns a.re higt'Jy recoifuuended. 4 = Material contains asbestos, was signh'1cantly dlhl1age(J., a.ild immediate removal is recmnl"TIended. 42nd A venue North 0 Discussion This building is essentially a commercial property of approx. fmished area 8,000 square feet. Representative bulk samples of suspect ACM were acquired from the building. Materials considered suspect and subsequently sampled included: (l) Wall & ceiling plaster systems Linoleums Textu.cd ceiling sprays @ Suspended ceiling tiles t\} Vinyl floor tile an.d adhesives @ Sheetrock walls EO t1il Of the materials sampled, the followhig were found to be asbestos-contai.rting (pursuant to EPA defInitions): $ Linoleum (sheet flooring) brown & rust colored hi. office area. Approx. 2000 Sq. Ft. Response Action #3. (j Linoleum (sheet floorit'1g) located in LtlSpection & progra.m.mh'1g depart.J.l1ent. Approx. 700 Sq. Ft. Response Action #3. @ Floor tile mastic 1.71 the frrst room to the right of the front door. Approx. 140 sq. Ft Response Action #1. None of the ou~er s&'11pled materials were found to contain detectable amounts of asbestos. Refer to the Table section for analytical results and specific material locations. ~ht Ballast Identificathm Whilst on-site conducting the a.sbestos Sl.lrvey. A...ngstrom personnel detemll.,,~ed that there were a total of 201 light fiXtures containh1.g fluorescent tube, ballast resistors! starters, Since it is practically i.illpossible to msp.ect each and every light ballast, which would require substa...lltial dis-assembly of the light fixture, a fa..ildom sample of 10 fIxtures were chosen and the ballast's i..nsoected. All of the ballast's inSiY'"..,A;tOO were labeled "No PCBs". It is therefore A...ngstrom's opinion that based on comparison wit'1 all of u1e light boJlast's and f1xv...rres contaiIloo in the rest of the huildLiig (based on age and condition) that we can safely assume that aU. of the ballast's are similarly labeled "No PCBs". If dufmg demolition and or remodeling a ballast is reaiized that is not negatively labeled it should be assumed positive for the in.cidence of PCBs fu"ld should be disposed of accordingly. ,All spent or used. fluorescent tubes &""e deemed a sp"'~al hazardous material, because of -" h ( A;" '- d h' 1 .....:J. '"\ . mercury a.i'Hi phOSp .omus content among OUaer nW...?.J OUS maLenaiS comameu thereInj ana should also be disposed of by a. .cerJ.fied c3.!.!1er and disposal comp&"1Y. 3.0 RECOMMENDATIONS 3,1 LOll1igaTerm Response Actions Plea...~ note that any asbestos-contaii1ing building materials u~at may become friable duri...'1g demolition must be removed prior to that ti...'1le, pursuant to EPA National Emissions Stai'ldards for Hazardous Air Pollutants regulations. 3.2 Deferred Action C<msideration The EP A has indicated l~at L1ere are no longer grounds for completely deferring action once asbestos is identified in a building. Under ideal conditions (minimum access by occupants, no mechanical vibrations, no physical or water damage, no excessive airstream exposure, etc.), t."he mi.nimum corrective action should be implementation of an 0&l'v:I program and periodic Sl.l\"'veillance of the material. An 0&..\1 program would require the identification of all aCcP....ssible asbestos in the building and establishment of guidelines for proper safety precautions, cleaning methods, etc., that should be undertaken when emergency or routine maintenance work may disturb asbestos. Please note that recommendations 1I1 1l'Js report to defer action regardixlg certain materials ate accompal1.ied by a recom.mendation to implement an O&M progra.'I11. A recommendation to defer action meai1S t.'1at. in our oDimon, tl'1e condition of the Particular material at the time of observation was such tIlat relei..~ of airborne fibers appeared relatively low, 3.nd that other response actions did not appear to be warranted at the time. Any changes in tl'1e condition of tl;.e, material. may ,,:arr~nt c~rrective _ actions ~ a later date. The effective management or these parucular SimatIOns 13, thererore, CruCial. Prior to the collection of buLk maten::ll sample...~, suspect ACM was categorized. IDio homogeneous material types &"1d areas. A homogeneous material type is defmed as friable or nonfriable suspect ACM that has the sam.e visual appearance (color, texture, pattern), that was eitl'1er applied or constructed dufwg the same general tirne period. Material composition appeared to t-e consistent with.iIl a defmecl type and area. Friable materials a...re those t'1at can be crushed, pulverized, or reduced to powder by hfu1.d-pressure when dry. The samples were collected at random locations from the predetermined homogeneous sai'TIpling areas to provide an"lytical data to dc-cu..rnent a.nd evaluate current site conditions. .,.... . . 'f y 4 1 1 .' A . . ." , LJata were obtal11.eG rom liBerti.e sampS.e !Ocailons, anI.!. no gUaffu'1tee is given lllat tIle inferred conditions currently exist Materials were wetted prior to sampling to ITJi.'1iro..ize potential fiber release; t"'1e sa.mples 'Nere then. sealed. in pvlyethylene bags. Bulk samples Viere analyzed according to BPA Met.hod 600/I'.,14-82-020, utilizing pola.rized light microscopy and dispersion staining tech:n.iques. The lower detection limit for verification of bulk asbestos fibers is 1 percent asbestos by voll.line. TI'1e method cited above provides the percentage of asbestos present and distinguishes the foHo\ving types of asbestos:: chrysotile, a.mosite, crocidolite, tremolite, actinolite, and fu'1thophyllite. The portions of tile samples t..~at were not consumed in the analysis will be retained by A..ngstrom for a period of 30 days from the date of tbJs report. Tue sa.lnples will be disposed of if A..ngstrom dO"'vS not receive written notification prior to the 3(yJ.1 day. The sets of samples from each homogeneous area were analyzed. until positive. That is, under u1e EPA guidelines, once a sample in a set from a homogeneous material is found to contain greater than one percent asbestos by volume, the homogeneous material area is assumed to contain asbestos and additional sample analysis is terminated, This information is used only to detennine whether a material is ACM and the appropriate response actions that should be taken. ;\.ny discussion or recommendations contained in this report repre....<<ent our professional opiI11ons. These opinions are based on currently available h-uormation and are arrived at in accordance with currently accepted indusuial hygiene practices at t.his time and location. Other t.ha...'1 this, no guara..rltee is implied or ii1tended. Tne recommendations contained hI this report represent our professional opitlions. 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BRA - baseboard ad.i1esive ....y . . ',' n - pIpe mSUlauon PH - pipe fitting msulation FG - fiberglass corr - corrugated paper OF ASBESTOS N~H - A.nthophyllite CER - Clli-ysotile Alvf - A..!11.osite CR_OC- Crocidolite ACT - Actinolite THEM - Tremolite ~ ~ 1 1 d ~ . . f:' . . . these sampes were not a.'1aLYze,. fnese resUlts were UL.errea ascons1Stent Wlth the analyzed sa.rnples in the homogeneous set. ND - No asbestos was detected i..."1 the sa..rnple submitted for analysis. NS - Material not sanlpled. NAC - Material not accessible. < - less t.han the value sp<"vCified. 12203 Prlnc@lcn Avenue Ed~n Prairl~9 MNJ 55341 Office: (812) 941 GlUl05 FAX: (61~) 329G7273 ANAL YSIS OF BULK SAMPLES FOR ASBESTOS USING. POLARIZED LIGHT l\..fICROSCOPY (PLM) a/prepared for: .~ IClient Job or rererence: City of New Hope 4401 Xylon A ver.me Nort.l1 New HODe, MN' 55428 0 4898 Attn: lVIr~ Kirk McDonald, Management A..."\Sista.l1t. 7528 42nd Avenu.e North Number of samples: "'>""! at . . METHOD AND DEFINmONS The submitted samples were analyzed using th.! EP A InterAffi Method #600/M4-82-020 (polarized light microscopy wiih optional dispersion staining). T'h.,2 method defines an, asbestos-contairl.irtg m.aterial as one that contains gm::lter tlwn 1% asbestos by weight, and asbestos is defined as tJ-~ fibrous forms of serpemirse flli4 certairi arr.phibotes. While t}1.e fibrous and r.on-.f'ibrous forms of fl1.inerals are discernible macroscopically in speciff".er.s, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those wrwse mean. aspect ratios (length over width) under the microscope are approximately >10; non-fibrous amphiboles are generally those whose mea.~ aspect ratios are approximately <6. During analysis, m.orphology and an estifnate of mean aspect ratio are v..sed to assign a. given rnin,eral fiber population to fibrous of non-fibrous categories. That non-fibrous afl1{Jhiboles are rtO! reported as asbestos is consistent with mineralogical definitions, but does not imply that ru:m-fibrous a...nphiboles are riOt J1.a:mnious. Airborr.e com:eTt.traJions of them may be regulated by OSHA urrder cert.aL"I. circumst{J,JU;f!;s. The type of dispersion stail,ing used is generally pr...ue contrast, although central stop dispersion staining nUlY also be used. PERCENTAGE REPORTING The percentage of each fiber type present was determined using volurne percents esti..m.ated from stereoscopic examination, projected a.rea percents from mounted slide exa.rnination anti percents from comparison to weight percent staiidards. Such estiffllltions are suitable for f!wst sa.mples, but dt) have large error Tatl.ges. Errorsare estimated to be 100 relative percer'J U1I.certaiJuy for percentage estirriDtes under 10% rar.giJag down to as little as 10 relative percent un.certainty for f-ercenw.ge estL'1W.tes greater than 50%. Fri..able sa.rr.ples which have been estilr:a1ed by the above rrcetluH1s to contain less tJum 10% asbestos can be point-coumed, according to tr.e EPA lnterun MetJwd, as required by NESHAPS. in low perceruage sarnples, poi."U cou.nting may produce false negatives or positives, due to the small numJJer of points counted. For sarrtples consisting ofrrwre than one o.pparem type afmaterial or la.yer, the percentage of each fiber type in each type of material or layer is determined cm.d reported separately; an overall average for the sample of each fiber type is then calculated The reported friability of a sample refers to that friability observed in the coruiition ar.a1yzed (broken., crushed, etc), af'.a is not to be substituted-for tli"l on-site assesmu:f'.t affriability. Each. Angstrom. Analytical Lab report relates on.ly to th-e sf11i'{J7/le tested and Frtay 1'.-Ot, due to the sampling process, be represef1iative of the f1'.atenal sampled. . ,/ll'l l L / - /./-- .,/! 1/ I~/ ./ ,.. f ) , .I!/)1!.7.f7) ( /lrv/-IVLJ{J 'vyv G _. __00.. --- __.. aU --- ___GG__ -- n__u_l,,,:;';.__ ..~_____n ~- --1/ _GG____OGG__GG___. - D~te ,4.plrH 10th, 1997 Charles 'lye eEl .; V Full Service Laboratory /!Jfld onosifo Industrial Hygi~mJ Services for rh!J Hazardous MC'Jt8rial Abotement Industry ~ '" ... o 3 >- ::J " '< .., &;; :0 m ~ o ~ =i o ." 5: ~ m :ti :;: F en > z )> !< (J) w r--~ I . n ~ I '- ~ f:\ F'" -I .~ .>-. ~, m m -. fl' ~~, c.:;s, ;~~ CJ&- I 1,<.........6kI. , I,,~..... 55. I lU..;-vl ' '~. \,;. ., r;;! I) I 1..~ II,Nor ~. ! rif "" Z;") t _:....,.- I ~. I \',} i"",; ! ;~ ~ '1' i ! ' . ! I ""!:' i. I i-';::-- i I -t'-.", ! ~ :: " 110.... "<&:> .C. .:D - I 0,... 1.!1. '.. '.... ' 111- I . "";:- i ": .... . ,. ~ ~i~_J i' r. ! ! 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I (I:> L I ii, ~.~~.' ~ I~ I~ ~ I.~ ~~ I~ I~io-"~ I~ .~ I'" ~~I\"-I i 52:, I&:.I'I~I" 'I'I~I I . I I I I ~ I · I I .! I' ~I . \ ,111.\ I \ II I \ III I II I I I I I I ' ~ I I I I I I I I ::b.. ~ en ~ ~ :J::,. :::; Q) ~ ?r !:).) ~- ~ G ~ C ~ ""0 s. C') C!) C :::; > <S ::::! t:: (!) e ti1 ~ ::::s ~ l:l.) :::;. $S' ~ <: ~ -t>.. " .. :t... sa ...... ~ ...... CONDITIONS OF THE CONTRACT INDEX PAGE NO. SECTION 1 DEFINITIONS 1. SECTION 2 BIDDING REQUIREMENTS 5. SECTION 3 AWARD A1'\lD EXECUTION OF CON1RACT, PROGRESS AND COMPLETION OF WORK 7. SECTION 4 CON1RACT DOCUMENTS: INTENT AND REUSE 9. SECTION 5 A V AILABILITY OF LA1'\lDS; PHYSICAL CONDITIONS: REFERENCE POL"\ITS 11. SECTION 6 INSURANCE AND BONDS, LEGAL RESPONSIBILITY AND SAFETY 13. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS, ARBITRATION A1'\lD INDEMNIFICATION 18. SECTION 8 MATERIALS, EQUIPMENT, INSPECTION AND WORK-MANSHIP 25. SECTION 9 MEASUREMENT, PAYMENT AND PROJECT ACCEPTA1'\lCE 34. SECTION 10 CHANGES IN THE WORK 40. SECTION 11 CHANGES OF CON1RACT PRICE AND CONTRACT TIME 42. SECTION 12 SUSPENSION OF WORK AND TERMINATION 46. SECTION 13 MISCELLANEOUS 48. FORM OF AGREEMENT PERFORIvIANCE BOND LABOR AND PAYMENT BOND GeneraliS pecs/C onclln.s. gcn @ 1996 Boncstroo, Rosenc. Anclcrlik & Associates, rne. TABLE OF CONTENTS CONDITIONS OF THE CONTRACT 1.1 SECTION 1 - DEFINITIONS , '") 1._ 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 ACTS OF GOD ADDENDA AGREEIvIENT BID SECURITY BIDDER CONTRACT CONTRACT DOCUMENTS CONTRACT PRICE CONTRACTOR CHANGE ORDER DAY DEFECTIVE DRAWINGS ENGINEER FIELD ORDER FINAL COMPLETION MODIFICATION NOTICE OF AWARD NOTICE TO PROCEED OWNER PERFORMANCE AND FA YMENT BONDS PROJECT PROPOSAL RESIDENT PR OJECT REPRESENTATIVE SHOP DRAWINGS SPECIFICATIONS SUBCONTRACTOR SUBSTANTIAL COMPLETION SURETY WRITTEN NOTICE WORK GencrallS pecs/C omitns. gcn @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - I - TABLE OF CONTENTS (CONTD) SECTION 2 - BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS 2.2 INTERPRETATION OF QUANTITY ESTIMATES EXAJ.\1INATION OF PLi\J'\!S, SPECIFICATIONS AND WORK SITE ADDENDA PREPARATION OF BID RESERVATIONS AND/OR EXCEPTIONS BID SECURITY DELIVERY OF PROPOSAL OPENING OF PROPOSALS EV ALU A TION OF PROPOSALS CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ') ~ ~.:) 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 SECTION 3 - AWARD AJ.'\!D EXECUTION OF CONTRACT. PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT 3.2 EXECUTION OF AGREEMENT 3.3 FAILURE TO EXECUTE AGREEMENT 3.4 RETURN OF BID SECURITY 3.5 NOTICE TO PROCEED 3.6 CONTRACT TIME 3.7 SCHEDULE OF COMPLETION 3.8 COMPUTATION OFTL\1E 3.9 LIQUIDATED DAMAGES SECTION 4 - CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.2 ORDER OF PRECEDENCE 4.3 DISCREPANCIES 4.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.6 OWNERSHIP OF DRAWINGS AND SPECIFIC!\. TIONS AND REUSE 4.7 DIMENSIONS GeneraliS pccs/Condt!ls. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 2 - TABLE OF CONTENTS (CONTDl SECTION 5 - A V AILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 5.1 A V AILABILITY OF LANDS 5.2 PRIV A TE PROPERTY 5.3 SURVEYS 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFORESEEN PHYSICAL CONDITIONS SECTION 6 - INSURANCE AND BONDS. LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS 6.3 PATENTS. FEES AND ROYALTIES 6.4 PERMITS AND LICENSES 6.5 LAWS. REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES SECTION 7 - ENGINEER-OWNER-CONTRACTOR RELATIONS. ARBITRATION & INDEMNIFICATION 7.1 ENGINEER'S STATUS A.l\1D AUTHORITY 7.2 CONTRACTOR'S RESPONSIBILITIES 7.3 OWNER'S RESPONSIBILITIES 7.4 ASSIGNMENT OF CONTRACT 7.5 RIGHTS OF V ARI01JS INTERESTS 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS 7.9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS 7.1 I ARBITRATION 7.12 INDEMNIFICATION GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 3 - TABLE OF CONTENTS (CONTDl SECTION 8 - MATERIALS. EQUIPMENT. INSPECTION AND WORKMANSHIP 8. I MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8.2 EQUIV ALENT MATERIALS Ai'\JD EQUIPMENT 8.3 MATERIALS FURNISHED BY OWNER 8.4 STORAGE OF IvIATERIALS 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUALITY OF EQUIPMENT AND IvIATERIALS 8.8 SHOP DRAWINGS 8.9 ACCESS TO AND OBSERVATION OF WORK 8.10 TESTS AND INSPECTIONS 8.11 UNCOVERING THE WORK 8.12 CUITING AND PATCHING 8. I 3 WARRANTY AND GUARANTEE 8.14 CORRECTION PERIOD 8.15 CORRECTION OR REMOV AL OF DEFECTIVE WORK 8.16 ACCEPTAc~CE OF DEFECTIVE \VORK 8.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK GeneraliS pecs/C ondU1S. gen @ 1996 Bonestr(X), Rosene. Anderlik & Associates, Inc. - 4 - TABLE OF CONTENTS (CONTO) SECTION 9 - MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AlvIOUNT 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYIvIENT 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COIvIPLETION 9.8 PARTIAL UTILIZATION 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT 9.1] FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTOR'S CONTINUING OBLIGATION 9 .13 WAIVER OF CLAIMS SECTION 10 - CHANGES IN THE WORK 10.1 CHANGE ORDERS 10.2 FIELD ORDERS 10.3 UNAUTHORIZED WORK 10.4 ENGINEER RECOlvII\/IENDATIONS 10.5 NOTICE OF CHl'.NGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS 10.7 WORK DURING AN EMERGENCY SECTION 1] - CHANGE OF CONTRACT PRICE AND CONTRACT TIME 1 ].1 CONTRACT PRICE 11.2 CHANGE IN CONTRACT PRICE 11.3 BASIS OF CHANGE ] ].4 CHANGE OF CONTRACT TIME GeneraliS pecsiC ondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 5 - TABLE OF CONTENTS (CONTm SECTION 12 - SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK 12.2 OWNER MAY TERMINATE 12.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR IvIA Y STOP WORK OR TERMINATE SECTION 13 - MISCELLANEOUS 13.1 LL\1ITATION OF LIABILITY 13.2 REMEDIES 13.3 PUBLIC CONVENIENCE 13.4 CROSSING UTILITIES, ETC. 13.5 SANITARY PROVISIONS 13.6 PRESERV ATION OF HISTORICAL OBJECTS 13.7 USE OF PREMISES FORM OF AGREEMENT PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND Genera liS pccs/O 'lldU1S. gen @ 19\16 Bonestroo. Rosene. Anderlik & Assodates. Inc. - 6 - CONDITIONS OF THE CONTRACT SECTION 1 DEFINITIONS 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been aJlticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. 1.2 ADDENDA Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. 1.3 AGREEMENT The Agreement is the written document executed by the Owner and Contractor covering the performance of the Work described in the Contract Documents. 1.4 BID SECURITY The Bid SecUlity, where required by the Advertisement or Information to Bidders, is a cashier's or certified check, cash or Bid Bond accompanying the Proposal submined by the bidder, pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the Work, should the contract for the Work be awarded to him. 1.5 BIDDER A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1.6 CONTRACT The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. GeneraliS pecs/CondUlS. gen i9 1996 Bonestroo. Rosene. i\nderlik & Associates. Inc. - 1 - 1.7 CONTRACT DOCUMENTS The Contract Documents consist of the following, including all Addenda issued prior to the opening of bids, Field Orders, Change Orders or other Modifications issued after execution of the Agreement: (a) Drawings. (b) Specifications: (1) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2) Special Provisions; (3) General and Specific Requirements; (4) Conditions of the Contract (General and other conditions); (5) Performance Bond and Labor and Material Payment Bond; (6) FOIn1 of Agreement; (7) Detail Plates and other drawings attached to specifications; 1.8 CONTRACT PRICE The moneys payable by Owner to Contractor under the Contract Documents as stated in the Agreement. 1.9 CONTRACTOR The Contractor is the person or entity or authorized representative thereof named in the Contract Documents. 1.10 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 PIice or the Contract Time issued after the effective date of the Agreement. 1.11 DAY A calendar day of twenty-four hours measured from midnight to the next midnight. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 2 - 1.12 DEFECTIVE Refers to Work that is unsatisfactory, damaged, faulty or deficient, 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. 1.13 DRAWINGS The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. 1.14 ENGINEER The Engineer is the person or entity or authorized representative thereof named in the Contract Documents. 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work in accordance with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. 1.16 FINAL COIYfPLETION The Work, including any punch list items, has been completed in all respects in accordance with the Contract Documents. 1.17 MODIFICATION (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, or (c) a Field Order. 1.18 NOTICE OF AWARD The written notice by Owner to the apparent 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. 1.19 NOTICE 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 Documents. GenemJISpecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 3 - 1.20 OWNER The Owner is the person or entity or authorized representative thereof named in the Contract Documents. 1.21 PERFORMANCE AND PA TIAENT BONDS The Performance and Payment Bonds are the approved form of security furnished by the Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful performance under li1e Contract Documents and the payment of all obligations arising thereunder. 1.22 PROJECT The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.23 PROPOSAL The Proposal is the offer of a bidder to perform the Work described in the Bid Documents when made out and submitted on the prescribed Proposal form, properly signed and secured. 1.24 RESIDENT PROJECT REPRESENTATIVE The authorized representative of the Engineer who is assigned to the site or any part thereof. 1.25 SHOP DRAWINGS All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the VV ofk. 1.26 SPECIFICATIONS That portion of the Contract Document generally bound in booklet form and consisting of the documents identified in Paragraph 1.7 (b) of the Conditions of the Contract. ] .27 SUBCONTRACTOR The Subcontractor is the person or other entity having a direct contract with the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any separate Contractor or_his Subcontractor or any material suppliers. GenemJISpecs/Condms.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. -4- 1.28 SUBSTANTIAL COMPLETION The Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial 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 intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The terms "substantially complete" and "substantially completed" as applied to any Vlork refer to Substantial Completion thereof. 1.29 SURETY A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment Bonds. 1.30 VvRITTENNOTICE Viritten Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement as to any change in the business address until completion and acceptance of the V/ork. 1.31 WORK The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. V/ork is the result of performing services, furnishing hbor and furnishing and incorporating materials and equipment into the construction, all as required the Contract Documents. SECTION 2 BIDDING REQUIREMENTS 2.1 PROPOSAL FORMS The Owner will furnish Proposal Forms to any qualified Bidder upon request. 2.2 JNTERPRETATION OF OUANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approximate only and may be increased, decreased or omitted as necessary to complete the \V ork as described in the Contract Documents. GenemJISpecslCondtns.gen @ 1996 Bonesrroo, Rosene, Anderlik & Associates, Inc. - 5 - 2.3 EXAMINATION OF PLANS. SPECIFICATIONS AND WORK SITE Each Bidder is required to examine carefully the site of the Work, the Proposal Forms, Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has made such examination, has familiarized himself with the conditions to be encountered, the character, quality and quantity of work to be performed and material to be fumished and has correlated his observations with the requirements of these Contract Documents. 2.4 ADDENDA Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal and shall be made pa.rt of the Contract Documents. Receipt of each Addendum shall be acknowledged by the Bidder in his Proposal. 2.5 PREP ARA TION OF BID The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blan..k. spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal shall be signed in ink by the individual or authorized representative m~1dng the Proposal. 2.6 RESER V A TIONS AND/OR EXCEPTIONS Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if such reservations or exceptions constitute a substantial deviation from the advertised terms and conditions, their Proposals may be rendered non-responsive. The Bidder shall make no additional stipulations on the Proposal nor qualify it in any other manner. 2.7 BID SECURITY If so stipulated in the Advertisement for Bids, or Information to Bidders, each Proposal shall be accompanied by a Bid Security in the required form and amount pledging that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, if required, furnish bonds as described hereunder in Section 6 coverin!Z the faithful performance of the Contract and the ~ . payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as liquidated damages,not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either (a) the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that unaccepted Proposals may be withdrawn, or (c) all Proposals have been rejected. GenemJISpecslCondlns.gen @ 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. -6- 2.8 DELIVERY OF PROPOSAL Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. 2.9 OPENING OF PROPOSALS Proposals will be opened publicly and read aloud at the time, date and place designated in the AdveI1isement. 2.10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omISSIons, alterations, inegularities, is submitted subsequent to the time established in the Adveltisement for Bids for receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further ackl10\vledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid Documents. In any event, the Owner reserves the right to waive any informalities, irregularities or minor deviations in the ProposaL On unit plice Proposals, comparison of Proposals will be made on the basis of the stated unit prices and unit prices will control in the event of a discrepancy between the unit price and the extension or summation thereof. On fixed or lump sum plice Proposals, compmison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION By submission of a Proposal, each Bidder certifies that: (a) The prices in the Proposal have been arrived at independently, with out consultation, communication or agreement as to any matters relating to such prices vv'ith any other bidder or with any competitor for the purpose of restricting competition; (b) The prices in the Proposal have not been or will not be knowingly disclosed to any other bidder or competitor prior to the Owner's opening of the Proposals; (c) No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. Gcnera liS pecs/C onclU1S. gcn @ 1996 Bonestroo. Rosene. Ander1ik & Associates. Inc. - 7 - SECTION 3 AWARD AND EXECUTION OF CONTRACT. PROGRESS & COMPLETION OF WORK 3.1 AWARD OF CONTRACT When the lowest responsive Proposal of the lowest responsible bidder is accepted and within the time limit established in the Advertisement for Bids, the Owner will send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where required. 3.2 EXECUTION OF AGREEMENT The lovvest responsible bidder shalL within 15 days after receiving the Notice of Award and Contract Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance fODns as the successful Bidder may be required to furnish to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above specified, the Owner may have the option to annul the award and retain the Bid SecUlity accompanying the Bid as liquidated dan1ages and not as a penalty. This shall not be the sole remedy of the Owner but upon default by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt. 3.4 RETURN OF BID SECURITY All Bid Secmities, except that of the lowest responsible bidder, will be returned within 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bid Security of the lowest responsible bidder will be returned upon receipt of the properly executed Agreement and Bond. 3.5 NOTICE TO PROCEED The date of commencement of the Work is the date set f0l1h in the Notice to Proceed. Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipment as is necessary to complete the Work within the time stated in the Contract Documents. GeneraliS pecs/C ondUlS. gen (0 1996 Bonestroo, Rosene, Anclerlik & Associates. Inc. - 8 - 3.6 CONTRACT TIME The Contractor shall complete, in an acceptable manner, all of the Work contracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. Wlitten notice of the Contractor's claim for such extension shall be given within ten (10) days of the OCCUlTence of the event giving rise to the claim; othenvise the claim shaH be waived. 3.7 SCHEDULE OF COMPLETION The Contractor shall submit, at sllch time as may reasonably be requested by the Engineer, schedules which sh811 shO\v the order in which the Contractor proposes to can)' on the Work, with dates at which the Contractor will start the several pmts of the \V ork mld estimated dates of completion of the several pmts. 3.8 COMPUTATION OF TIME When any period of time is referred to in the Contract Docllments by days, it shall be computed to exclude the first and include the last day of such period. If the last day of mlY such peliod 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. 3.9 LIQUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner win be entitled to liquidated damages for failure on the paIt of the Contractor to complete the Work \vithin the time limits provided for in the Contract Documents. 3.9.2 .Should the Contractor faiUo complete the project on or before the specified date, iiquidated dc:ul1ages in the amount specified in the Special Provisions shall be deducted from any monies clue or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each aIld every calendm day that the contract shall remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme difficulty of asceI1aining C:U1d establishing the actual damages which the Owner would sustain. SECTION 4 CONTRACT DOCUMENTS: INTENT AND REUSE 4.1 INTENT OF CONTRACT DOCUMENTS 4.1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor conceming the Work. They may be altered only by a written Change Order. GcnerallS pecs/C ondtns. gCll @ 1996 Boncstroo. Rosenc. Anderlik & Associates, Inc. - 9 - 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called for by all. If, during the performance of the Work, the Contractor finds a conflict, an1biguity or discrepancy in the Contract Documents, he shall report it to engineer in wI1ting at once and before proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. 4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be infened from the Specifications or Drawings as being required to produce the intended result shall be supplied whether 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. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any govemmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be govemed by the law of the place of the Project. 4.2 ORDER OF PRECEDENCE If there be a conflict between or among any of the tenns or provisions of the Contract Documents, which conflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by applying the following Order of Precedence: (a) Agreement; (b) Conditions of the Contract; (c) Special Provisions; (d) Specific Requirements; (e) General Requirements; (f) Drmvings. GencrallS pecs/C ondlns. gcn @ 1996 Bonestroo. Rosene. Andcrlik & Associates, Inc. - 10- 4.3 DISCREPANCIES Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring arlY conflict, ambiguity or discrepancy to the attention of the Engineer of which it was or should have been aware, shall assume the lisk of loss arising out of any such conflict, ambiguity, or discrepancy. 4.4 ADDITIONAL INSTRUCTIONS Fmther or additional instructions may be issued by the Engineer during the progress of the Work by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, Shop Drawings and samples at the site, in good order and annotated to show all changes made during the construction Drocess. These shall be available to En2:ineer for examination and shall be delivered to , ~ Engineer for Owner upon completion of the Work. 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE All original Drawings ar1d Specifications and other data furnished by the Engineer are and shall remain his property. Copies thereof \vill be furnished to Owner and are to be used only with respect to this Project and are not to be used on any other project or extensions of this Project without the prior wIitten consent of Engineer. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project are not to be construed as publication in derogation of the Engineer's common law copyright or other reserved rights. 4.7 DIMENSIONS Figured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts. ambiguity, or discrepancy, shaH be immediately brought to the attention of the Engineer before IxoceediiHl with the affected V'fork. Contractor shall assume the risk of loss for failure to bring to the ~ ~. attention of the Engineer such conflict, ambiguity, or discrepancy. GeneraliS pecs/C ondUlS. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 11 - SECTION 5 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 5.1 A VAILABIUTY OF LANDS 5.1.1 Owner shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be perf 01 Tl1ed, Iights-of-way for access thereto, and such other lands which are designated for the use of Contractor. Easements for penmment structmes or penl1anent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. 5.1.2 Contractor shall, at his expense, provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment, storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his expense. 5.2 PRIVATE PROPERTY The Contractor shall not enter upon private property for any pmpose without obtaining written permission from the owner thereof, and he shall be responsible for the preservation of all property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent dan1age or injmy thereto. He shall protect carefully from distmbaIlce or dan1age all monuments and property markers until an auth0l1zed agent has witnessed or otherwise referenced their location and shall not remove them until directed. 5.3 SURVEYS Unless otherwise specified, the Owner shall establish all base lines for the location of the principal component pm1s of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the infol111ation provided by the Ovvner, the Contractor shall develop and make all detail surveys necess<uy for constructioll, including batter boards, stakes for pile locations and other working points, lines and elevations. The Contractor shall be responsible for cm'efully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and dan1age resulting therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. General!S pecs/Condtns. gen @ 1996 Boncstroo, Rosene, Andcrlik & Associates. Inc. - 12 - 5.4 UTILITIES The Contractor shall be solely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Specifications. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the peIiod of excavation, backfill and compaction. In cmrying out this responsibility, the Contractor shall exercise particulm" care, \vhenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 5.5 INVESTIGATIONS Reference is made to the Contract Documents for identification of those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reports or tests are not guarmlteed as to accuracy or completeness and if incorporated into the Contract Documents, they shall be for general infol111ation only. Contractor shall be responsible for verifying site and subsurface conditions to his satisfaction prior to submitting a bid on the project. 5.6 UNFORESEEN PHYSICAL CONDITIONS Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Engineer will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Promptly thereafter, O-'NIleI' shall obtain the necessary additional investigations mid tests mid furnish copies to Engineer and Contractor. If Engineer finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order shall be issued incorporating the necessary revisions. SECTION 6 INSURANCE. AND BONDS. LEGAL RESPONSIBILITY AND PUBLIC SAFETY 6.1 INSURANCE 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained all insurance required under this Section and shall have filed the cel1ificate of insurance or the certified copy of the insurance policy \vith the Owner and Engineer. The Contractor shall not 0.110\\/ any Subcontractor to commence work on his subcontract until all insurance required for the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance compmiY without thirty (30) days wIitten notice to the Owner and Engineer of intent to cancel. GencrallS pecs/C oncllllS. gCll @ 1996 BOllcstrOO. Rosenc. Andcrlik & Associatcs. Inc. - 13 - Certificates of insurance shall be submitted on Standard FOlm C.I.C.C.-701 or ACORD 25 fOlms and shall specifically note the clause providing for 30 day wlitten notice to the Owner and Engineer of intent to cancel. This clause shall read as follows: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will mail 30 days wlitten notice to the certificate holder named to the left." 6.1 :2 Workman's Compensation & Employer Liability Insurance: The Contractor shall secure and maintain dUling the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the worK on the project under this Contract. In case any work is sublet, the Contractor shall require the Subcontractor to similarly provide Workmen's Compensation and Employer's Liability Insurance for aU the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at the site of construction. 6.1.3 Contractor Comprehensive General & Automobile Liabilitv: The Contractor shall procure and maintain during the life of this Contract, Contractor's Comprehensive General and Automobile Liability Insurance which shall protect him from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. The insurance shall be in amounts listed below and shall provide coverage under the following hazards: 1. Operations of Contractor. 2. Operations of Subcontractor (Contingent). 3. Products, including completed operations. This insurance is to be carried for a peIiod of one year after completion or acceptance of the work. 4. Contractual Liability (See Section 6.1.5). ). Property Damage. 6. Broad Form Property Damage. 7. All Owned, Non-O\vned and Hired Vehicles. Minimum Limits - General Liability 1. Bodily injury $500,000.00 each occurrence $500,000.00 completed operations GeneraliS pecs/C ondtns. gen @ 1996 Bonestroo. Rosene. AnderUk & Associates. Inc. - 14- 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate Minimum Limits - Automobile Liability 1. Bodily injury $250,000.00 each person $500,000.00 each occurrence 2. Property damage $100,000.00 each occurrence $200,000.00 aggregate It is required that basic exclusions for damage caused by explosion, collapse a.nd damage to underground facilities, commonly known as X, C, U exclusions, be removed from the policies and so indicated as covered in the deciaration and on cel1ificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazards of explosion and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects where blasting is not required. In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella Excess Liability Policy in a minimum limit of $1,000,000.00. Any Umbrella Excess Liability policy in excess of $1,000,000 may be utilized to meet the above listed basic coverages. 6.1.4 Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the construction premises. Such insurance may have a deductible clause but the deductible amount shall be borne by the Contractor and shall not exceed $1,000.00. The Builder's Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction work, but any damage or loss to propeIty shall be the sole responsibility of the Contractor until final acceptance of the Work. If the Owner finds it necessary to occupy or use a pOltion or portions of the Work prior to substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such pmtial occupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. GencrallS pecs/C ondtns. gen @ 1996 Bonestr(x). Rosene, A,nderlik & Associatcs, Inc, - 15 - The Owner and Contractor waive all I1ghts against each other and the Subcontractors and their agents ~ - - and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' agents and employees, for damages caused by fire or other perils to the extent covered by insurance provided under this section or any other propelty insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent pel1nitted by law, the Contractor shall indemnify and hold harmless the Owner and the Engineer and their agents arid employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees aIising out of or resulting from the performance of Work provided that any such claim, d3.J'11age, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destmction of tangible property (other than the Work itself) including the loss of use resulting therefrom, aIld (2) is caused in whole or in palt by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in palt by a party indemnified hereunder. Such obligation shall not be constmed to negate, ablidge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any palty or person described in this Section. In any alld all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, allY Subcontractor, anyone directly or indirectly employed by allY of them or allyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by al1Y limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insurance Requirements: Losses other thaIl those covered by insurance shalI be the sole responsibility of the Contractors. The insurance requirements as set fOlth herein shall be considered to be minimum requirements only. Any other insurallCe that niay be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will be responsible for maintaining alI boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors. 6.2 PERFORMANCE AND OTHER BONDS 6.2.1 Contractor shalI furnish PerfOm1allCe and Payment Bonds, each in an an10unt at least equal to the Contract Price as secmity for the faithful pelfol11lallCe and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the fOl1ns prescribed by the Contract Documents alld be executed by such Sureties as (A) al'e licensed to conduct business in the state where the Project is located, and (B) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds alld as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Depaltment. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. GeneraliS pecs/C ondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 16 - 6.2.2 If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its light to do business is terminated in any state where any paIt of the Project is located or it ceases to meet the requirements of clauses (A) aI1d (B) of Paragraph 6.2.1, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to Owner. 6.3 PATENTS. FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume all costs incident to the use in the perf0l111anCe of the VI ork of any invention, design, process, product or device which is the subject or patent lights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for llse in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) aIising out of any infringement or patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any aileged infringement of such lights. 6.4 PERMITS AND LICENSES All pennits and licenses necessaIy for the prosecution of the \V ork shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 6.5 LAWS. REGULA nONS AND SAFETY 6.5.1 Contractor shall give aU notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Specifications or Drawings are at variance therewith, he shall give Engineer prompt vvritten notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Vv'ork kno\ving or being in a position to know it to be contraI'y to such laws, ordinances, rules and regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however, it shall not be his plimary responsibility to malce certain that the Specifications and Drawings are in aCCOrdaI1Ce with such laws, ordinances, rules and regulations. 6.5.2 Contractor shall be responsible for initiating, maintaining aI1d supervising all safety precautions and prograIl1S in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessaI'y protection to prevent damage, injury or loss to: (a) All employees on the Work aIld other persons who may be affected thereby; GcnerallS pccs/C oIllilns. gcn @ 1996 Bonestr(Xl. Rosene. Anderlik & Associates. Inc. - 17 - (b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from da111age, injury or Joss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary saregllards for its safety and protection. He shall notify owners of adjacent utilities when prosecution or the Work may affect them. All damage, injury or loss to any property refened to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in palt, by Contractor, &'1y Subcontractor or any directly or indirectly employed by any of them or aliyone for whose acts any or them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection or the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 6.5.4 Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 6.5.5 Contractor agrees to indemnify the Owner alid Engineer alld their agents alid employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or allY other prudent precaution. 6.6 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, colored lights and/or \vatchmen and take all necessary precautions for the protection of the Work and the safety of the public. All balTicades and obstructions shall be protected at night by colored signal lights which shall be kept in operation from sunset to sunrise. SECTION 7 ENGINEER-OWNER-CONTRACTOR RELATIONS: ARBITRATION: INDEMNIFICATION 7.1 ENGINEER'S STATUS AND AUTHORITY 7. ] .1 Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of Owner and Engineer. GeneraliS pecs/C olldtns. gen @ 1996 Bonestroo, Rosene, Anderlik & Associates, Inc. - 18 - 7.1.2 Engineer will make visits to the site at intervals appropriate to the vlliious stages of constmction to observe the progress and quality of the executed Work and to detennine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations, Engineer \vill keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. 7.1. 3 If Owner and Engineer agree, Engineer will furnish a resident project representative to assist Engineer in observing the perfonl1ance of the Work. The Resident Project Representative shall work under the authority and direction of the Engineer. The duties and responsibilities of the Resident Project Representative shall not exceed those duties and responsibilities of the Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to the Resident Project Representative those duties and tasks that are within the authority of the Engineer to perfonn. In general, the duties of the Resident Project Representative may consist of, but shaH not be limited to, the following: 1. General contract administration. 2. Periodic observation of the work. 3. Unit price quantity and record plan measurements. 4. Schedule, perform and verify tests and inspections. 5. :Monitor Contractor's progress performance. 6. Provide information for the Engineer's review and decision concerning disputes and defective work. 7.1.4 Engineer will issue with rea.sonable promptness such \vritten clarifications or interpretations of the Contract Documents (in the fOill1 of Drmvings or othervvise) as Engineer may detel111ine necessary, which shaH be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided in Section 10 or Section i 1. 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also have authOlity to require special inspection or testing of the Work as provided in Paragraph 8.10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have charge of or control over the Work and shall have no authority to stop the Work. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 19 - 7.1.6 Neither Engineer's authoJity to act under this Section 7 or elsewhere in the Contract Documents nor any 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, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his effOlts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in conformance to the requirements of the Contract. The Resident Project Representative's efforts are for tbe benefit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or responsibility to the Contractor, any Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person peIfonning any of the Work. The Resident Project Representatives authority shall not exceed limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident Project Representative undertak:e any of the responsibilities of Contractor, Subcontractors, or Contractor's Superintendent. 7.1.8 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or impOlt are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirements, direction, review or judgment of Engineer as to the Work, it is intended that such requirements, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents. The use of any such term or adjective never indicates that Engineer shall have authority to supervise or direct perfOlmance of the Work or authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7.1.10. 7.1.9 Engineer wi1lnot be responsible for Contractor's means, methods, techniques, seqllcnces or procedures of constlUction, or the safety precautions and programs incident thereto, and Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 7.1.10 Engineer will not be responsible for tbe acts or omISSIOns of Contractor or of any Subcontractors, or of tbe agents or employees of any Contractor or Subcontractor, or of any other persons at the site of otherwise performing any of the Work. 7.2. CONTRACTOR'S RESPONSIBILITIES 7.2.1. The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, quality of workmanship, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - 20- A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and layout the Work and perf 01111 construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All worlcrnen must have sufficient knovvledge, skill and experience to perform properly the work assigned to them. Any foreman and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall not be employed again in any portion of the Work. 7.2.2. The Contractor's duties with respect to materials, equipment, inspection and vvorkmanship are set forth in Section 8. 7.2.3. The Contractor's duties with respect to progress of the \vork are set forth in Section 3, paragraphs 3.6,3.7,3.8 and 3.9. 7.2.4. The Contractor' duties with respect to insurance and bonds, legal responsibility and safety are set forth in Section 6. 7.3. OWNER'S RESPONSIBILITIES 7.3. I. The Owner shall issue all communications to the Contractor through the Engineer. 7.3.2. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments as provided to the Contractor promptly after they are due. 7.3.3. The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraph S.I and 5.3. The Owner shall make available to the Contractor copies of reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the Engineer in preparing the drawings and specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 7.3.4. In connection with the Owner's rights to request changes in the work in accordance with Section 10, the Owner (especially in certain instances as provided in paragraph 10.4) is obligated to execute Change Orders. GencrallS pecs/C ondtns. gCll @ 1996 BOllcstrOO, ROSCllC. Anderlik & Associates. Inc. - 21 - 7.3.5. The Owner's responsibility in respect of cel1ain inspections, tests and approvals is set forth in paragraph 8.10.2. 7.3.6. In connection with Owner's light to stop work or suspend work, see paragraphs 8.17 and 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title or interest therein, or his obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majoI1ty of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be pem1itted to sublet a portion of the contract or corporate stock thereof, but shall pedonn, with his own organization, Work amounting to not less than 50 percent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the Contractor of his liability under the Contract or Bonds. 7.5 RIGHTS OF VARIOUS INTERESTS Wherever Work being done by the Owner's forces or by other Contractors is contiguous to VI ork covered by this Contract, the respective rights of the various interests involved shan be established by agreement to secure the completion of the various portions of the Work in general harmony. 7.6 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not permit him to commence or complete bis work in a satisfactory manner. His failure to notify the Engineer of such irregularities shall indicate the work of other Contractors has been satisfactorily completed to receive his Wark. The Contractor shall not be responsible for defects of which he could not have known through reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shalI be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. GeneraliS pecs/Condlns. gen :g 1996 Bonestroo. Rosene, Anderlik & Associates, Inc. - 22- 7.7 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner or Engineer and any Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement with the Owner. The Contractor's award of subcontracts shall be subject to the following: 7.7.1 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. Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or orgai1ization identified in wiiting to Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Award vvill 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 to reject defective Work. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of A ward, Contractor shall submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and orgcmizatiol1s for whose acts any of them may be liable to the Sfui1e 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 organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner or Engineer to payor to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. Owner or Engineer may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific \\fork done. 7.7.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the \\1 ork among Subcontractors or delineating the Work to be performed by any specific trade. 7.7 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable ten11S and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall pay each Subcontractor ajust share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph 6. I .4. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 23- 7.8 ORAL AGREEMENTS No oral order, objection, claim or notice by any Palty to the others shall affect or modify any of the tenns or obligations contained in allY of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be \vaived or modified by reason of any act whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evidence shall be introduced in allY proceeding of al1Y other waiver or modification. 7.9 NONDISCRIMINATION IN EMPLOYMENT For Work under these Contract Documents, the Contractor agrees: (a) That in the hiring of common or skilled labor for the performance of any work under this Contract or ai1Y subcontract hereunder, no Contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; (b) That no Contractor, mateI1al supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent allY person or persons from the performance of the Work under this Contract on account of race, creed, color or national origin. (c) Violation of this section shall be cause for cancellation or termination of the Agreement between Owner and Contractor. 7.10 DECISIONS ON DISAGREEMENTS 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Engineer for decision which he will render in writing vv'ithin a reasonable time. 7.10.2 Any claim, dispute, disagreement or other matter that has been referTed to the Engineer, except any \vhich has been \vaived by the making or acceptance of final payment, shall be subject to arbitration under Paragraph 7.11 below upon the written demand of either party. HO'vvever, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence to the Engineer or have been given a reasonable oPPOltunity to do so, if the Engineer has not rendered his written decision by that date. GeneraliS pecs/C ollliulS. gen @ i 996 Bonestroo, Rosene. Anderlik & Associates. Inc. - 24- 7.10.3 If a decision of the Engineer is made in wIiting and states that it is final but subject to appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision may be made later than thirty days after the date on which the party maldng the demand received the decision. The failure to demand m-bitration within said thirty days' period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any ar-bitration proceedings unless the decision is acceptable to the parties concerned. 7.11 ARBITRATION 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the ma..1.cing or acceptance of final payment, or barred by failure to demand arbitration within the time limits specified, shall be decided by Ol-bitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the pOlties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall include by consolidation, joinder or otherwise, any person or entity (including the Engineer), not a party to this Agreement without the \vlitten consent of such other person or entity. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the ar-bitrators shall be final, and judgment may be entered upon it in accordance with applicable law any court having jurisdiction. 7.11.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases within a reasonable time after the claim, dispute or other matter in question has m-isen, arld in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question \vould be barred by the applicable statute of limitations. 7.11.3 The Contractor shall carryon the Work and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in writing. 7.12 INDEMNIFICATION To the fullest extent permitted by law, the Contractor shaH indemnify and hold harmless the Owner and the 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 Work provided that any such claim, damage, loss or expense (1) 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 (2) is caused in whole or in pOlt by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in prut by a pmty indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. G cncral/S pccs/C ondl11s. gen @ 1996 Boncstroo, Roscne. Anderlik & Associatcs. Inc. - 25 - In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in a.llY way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. SECTION 8 MATERIALS. EQUIPMENT. INSPECTION AND WORKMANSHIP 8. I IvlATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8. 1.1 Contractor shall fumish all matelials, equipment, labor, transp01tation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sa.llitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Wark. 8.1.2 All materials used in the Work shall be of good quality, new unless otherwise provided for in the Contract Documents, shall meet the requirements of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer. If required by Engineer, Contractor shall furnish satisfactory evidence (including rep01ts of required tests) as to the kind and quality of materials and equipment. 8.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 8.2 EQUIVALENT MATERIALS AND EQUIPMENT 'Whenever mateIials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, fl.lllction ar1d quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors may be accepted by Engineer if sufficient information is submitted 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 8.2.1 and 8.2.2 below as supplemented in the General and Specific Requirements. GencrallS pccs/C ondtns. gcn @ J 996 Boncstroo. Rosenc. Anderlik & Associates. Inc. - 26- 8.2.1 Requests for review of substitute items of mateI1al and equipment will not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of matelial or equipment Contractor shall make vvritten application to Engineer for acceptance thereof, certifying that the proposed substinIte will pertom1 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 specified. The application will state whether or not acceptance of the substinlte for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and \:vhether or not incorporation or use of the substitute in connection with the Work is subject to payment of a.l1Y license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, 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 acceptance of such substitute, inclllding costs of redesign and claims of other Contractors affected by the resulting change, 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 \vill be the sole judge of acceptability, and no substitute will be ordered or installed vvithout Engineer's prior written acceptance. Owner may require Contn:,ctor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. 8.2.2 Engineer \viII record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in malting changes in the Drawings or Specifications occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any proposed substitute. 8.3 MATERIALS FURNISHED BY OWNER 8.3.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating any of the materials into the Work, the Contractor shall inspect the materials so furnished by the Owner. If the Contractor discovers any patent defects in material furnished by the Owner, he shaH notify the Engineer. 8.3.2 Unless otherwise noted or specifically stated, materials fllrnished by the O\vner are considered to be f.o.b. the nearest railroad station or truck line. The Contractor shall transport the materials to the job site, unload and properly protect all such materials from damage or loss. The Contractor shall be responsible for material loss or damage after receipt of matelials at the point of delivery. 8.4 STORAGE OF MATERIALS Matelials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed 011 wooden platforms or other hard, clean smi'aces, and/or they shall be placed under cover and not 011 the ground. Stored materials shall be located so as to facilitate prompt inspection. PIivate propelty shall not be used for storage purposes without the written permission of the Owner or lessee thereof. GeneraliS pecs/Condlns. gen @ 1996 Bonestroo. Rosene, Anderlik & Associates. Inc. - 27- 8.5 SAMPLES All samples called for in the Specifications or required by the Engineer shall be furnished by the Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shaH fumish such samples of material as may be required for examination and testing. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be taken according to methods provided for in the Specifications. 8.6 FURNISHING OF PRODUCT DATA Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagran1s and other information furnished by the Contractor to illustrate a mateI1al, product or system for some portion of the \V ork. 8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required by the Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work, inclllding specific performance data, material description, rating, capacity, working pressure, material gage or thickness, brand name, catalog number and general type. 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the equipment is ordered. 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. 8.6.4 After review, this data shall become a pan of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specif1cations unless he has ill writing called the Engineer's attention to such deviations at the time of furnishing said data. Nor shall slIch review relieve the Contractor ii-om responsibility for enors of any sort in the items furnished. The Contractor shall check the Work described by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shan be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes or equipment that the final installation shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow for proper operation and in harmony with the intent of the Drawings and Specifications, and to make all changes in the work required by the different arrangement of connections. GeneraliS {Y.:cs/C ondtns. gen @ ] 996 Bonestroo, Rosene, Anderlik & Associates. Ine. - 28 - 8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to detennine if they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has veIified all field measurements and construction critelia, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract Documents and all relevant field conditions. 8.7 QUALITY OF EQUIPMENT AND MATERIALS 8.7.1 In order to establish standards of quality, the Engineer, in the Specifications, has referred to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is no longer available, Contractor shall recommend to Owner and Engineer another product of comparable quality. 8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prior to executing the Agreement, together with such engineering and Product Data as the Engineer may reqUIre. 8.7.3 The Contractor shall abide by the Engineer's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The Engineer will review proposed substitutions and mCLke his recommendation in writing within a reasonable time. 8.8 SHOP ORA WINGS 8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Engineer's instructions. Deviations from the Drawings (md Specifications shall be called to the attention of the Engineer at the time of the first submission of Shop Drawings and other drawings for approval. The Engineer's revie\v of any drawings shall not release the Contractor from responsibility for such deviations. 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine that they are in hal1l1ony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. By submitting the Shop Drawings, the Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Contract Documents and all relevant field conditions. Genera liS pecs/C ollllulS. g en @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 29 - 8.8.3 Shop Drawings shall be submitted according to the following schedule: (a) Not less than three copies or such other number of copies as may be required by the Special Provisions shall be submitted with reasonable promptness and in such sequence as to prevent delay of the Work. (b) The Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings, return one copy to the Contractor marked with Engineer's comments. (c) The Contractor shall then promptly make any necessary corrections or changes to the Shop Drawings to conform to the comments made by the Engineer. (d) Follovving completion of such cOlTections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. 8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the a.ssembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner and Engineer that Contractor has either detelmined and verified all qumltities, dimensions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that Contractor has revie\ved or coordinated each Shop Drawing or sample with the requirements of the Work cmd the Contract Documents. 8.8.5 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed by Engineer. 8.8.6 Engineer's review of Shop Drawings or samples shall not relieve Contractor from responsibility for any deviations from the Contract Documents unless Contractor has in writing called Engineer's attention to such deviation at the time or submission and Engineer has given written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings. 8.9 ACCESS TO AND OBSERVATION OF WORK 8.9.1 Engineer and Engineer's representatives, other representatives of O\vner, testing agencies and governmental agencies with jurisdictional interests \vill have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. GeneraliS pecs/C ondUlS. gcn @ 1996 Boncstroo. Rosenc. Andcrlik & Associates. Inc. - 30- 8.9.2 AIl mateiials and equipment and each pmt or detail of the Work shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for suict adherence to the intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. Such observations may include mill, plant, or shop inspection, and any mateIial furnished under these Specifications is subject to such observation. The Engineer and Owner shall be allowed access to all pmts of the Work and shall be furnished with such information and assistm1ce by the Contractor as is required to make such observations. 8.10 TESTS AND INSPECTIONS 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. 8.10.2 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 all costs in connection with any inspection or testing required in connection \vith Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspectiGns, tests and approvals required by the Contract Documents shall be paid by Owner (unless otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be perfoll11ed by organizations selected by or acceptable to Owner or Engineer. 8.10.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such Work and Engineer has not acted with reasonable promptness in response to such notice. 8.10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall relieve Contractor from his obligations to perform the Work in accordance 'with the Contract Documents. GeneraliS pecs/C ondU1S. gen @ 1996 Boncstroo. Rosene, Anderlik & Associates, Inc. - 31 - 8.11 UNCOVERING WORK If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers it necessary or advisable that covered Work be visually examined by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that pOition 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 expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Contractor shall be allowed all increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTING AND PATCHING The Contractor shall do all necessary cutting, fixing or patching of the Work that may be required to make its several parts fit together properly, or to properly receive the Work ofthe various trades, or, as required by the Drawings and Specifications, to complete the Work. He shall restore all such cut or patched work as approved by the Engineer. Cutting of existing structure that shall endanger the Work, adjacent property, workmen or the public shall not be done. 8.13 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner and Engineer that all Work, including materials a.l1d equipment, will be in accordance with the Contract Documents and will not be faulty or defective. Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This walTanty and guarantee shall be in addition to and not in limitation of any other warranty or guarantee required by law or by these Contract Documents, including the provisions of paragraph 8.14. 8.14 TWO YEAR CORRECTION PERIOD If within two years after the date of final acceptance of the project by the Owner or such longer period of time as may be prescribed by Imv or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either conect such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious I1sk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, of Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of the Agreement between Owner and Contractor. GeneraliS pecs/C ondm'i. gen r9 1996 Bonestroo. Rosene. Andcrlik & Associates. Inc. - 32- 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with non-defective Work. 8.16 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiling correction or removal and replacement of defective Work, Owner (and, plioI' to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs plior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropIiate reduction in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 8.17 OWNER MAY STOP THE WORK lfthe 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 any pOltiol1 thereof, until the cause for such order has been eliminated; however, this light of Owner to stop the Work shall not give rise to any duty on the paI1 of Owner to exercise this right for the benefit of Contractor or aI1Y other party. 8.18 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct the defective Work or to remove and replace rejected Work as required by Engineer in accordance with PaI'agraph 8.15, or if Contractor fails to perfom1 the W 01'1:: in accordance with the Contract Documents (including any requirements of the progress schedule), Owner may, after seven clays' written notice to Contractor, and Contractor's Surety, correct and remedy any such deficiency. In exercising its 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 pan of the site, take possession of all or paI1 of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Wark 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 its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be chaI'ged against Contractor in all aI110unt reviewed by Engineer, and such amounts shall be deducted from the Contract Price. Such direct aIld indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's lights hereunder. GcnerallS pecs/C oncllns. gcn @ 1996 BOl1estroo. Roscne. AlllierUk & Associatcs. Inc. - 33 - SECTION 9 MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT Except in cases 'where unit prices form the basis for payment under the Contract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized breakdown of the Contract Amount having the value, including an allowance for profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. 9.2 REQUEST FOR PAYMENT The Contractor may submit peI1odically, but not more than once each month, a Request for Payment for \Vork done and materials delivered and stored on the site. Payment for mateI1als stored on the site will be conditioned on the following: (a) The Contractor shall submit evidence to establish the Owner's title to such materials. (b) Acceptable provisions have been made for storage. (c) The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar pelil for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. Each Request for Payment shall be itemized and computed from the Work completed on an items listed on the Detailed Brea.'<:down of Contract Amount. Where unit prices are specified, the Request for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlined in Section 9.3 and the provisions of Section 9.4 and 9.5. However, when the Work required under the Contract is 95% or more completed, upon recommendation of the Engineer, such p011ions of the retained money shaH be released as the Owner determines are not required to be retained to protect the Owner's interest in satisfactory completion of the Contract. At the option of the Contractor, retainage shall be paid to the Contractor in accordance with the following: The Contractor may deposit bonds or securities with the Owner or in any bank or trust company to be held in lieu of cash retainage for the benefit of the Owner. In that event, the Owner shaH reduce the retainage in an amount equal to the value of the bonds and securities and pay the an10unt of the reduction to the Contractor. The interest on the bonds or secuI1ties shall be payable to the Contractor as it accrues. Bonds and secmities deposited or acquired in lieu of retainage shall be of a character approved by the state treasurer including, but not limited to: a. Bills, certificates, notes or bonds of United States; b. Other obiigations of the United States or its agencies; Gencral/S pecs/C ondU1S. gcn @ 1996 Bunestnx), Roscne. Andcrlik & Associatcs, Inc. - 34- c. Obligations of any corporation wholly owned by the federal government; and d. Indebtedness of the Federal and National Mortgage Association. If the Owner incurs additional costs as the result of the exercise of the option desclibed in this paragraph, the Owner may recover the costs from the Contractor by reducing the final payment due under the contract. As \vork on the contract progresses, the Owner shall, upon demand, inform the Contractor of all accrued costs. 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT Within ten (10) days of submission of any Request for Payment by the Contractor, the Engineer shall recommend to Owner: (a) Approval of the Request for Payment as submitted; or. (b) Approval of such other amount as Engineer shall consider is due the Contractor, infonning the Contractor in wliting of his reasons for recommending approval of the modified amount; or, (c) Withholding of the Request for Payment, informing the Contractor in writing of his reasons for recommending \vithholding of the Request. 9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT Within thirty (30) days from the date of recommending approval of a Request for Payment by the Engineer, the Owner shall: (a) Pay the Request for Payment as recommended by the Engineer. (b) Pay such other a.mount in accordance with Section 9.5 as Owner shall decide is due the Contractor, informing the Contractor and the Engineer in writing of the reasons for paying the modified amount. (c) Withholding payment in accordance with Section 9.5 informing the Contractor and the Engineer in writing of Owner's reasons for \vithholding payment. 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 9.5.1 The Owner may \vithhold payment in whole or in part to the extent necessary to protect itself from loss on account of any of the following causes: (a) Violation of any of the terms of the Contract Documents. (b) Defective work not remedied, or completed work which has been damaged. (c) Reasonable evidence indicating potential filing of claims by other parties against the Contractor or Owner. GeneraliS pecs/C ondtn5. gen @ 1996 Bonestr()(). Rosene. Anderlik & Associates. Inc. - 35 - (d) Failure of the Contractor to make payments to Subcontractors, mateI1almen or suppliers. (e) Damage to the Owner or any other person. (f) Contractor's unsatisfactory prosecution of the work. 9.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. 9.5.3 Should the Owner fail to pay a Reqllest for Payment within 30 days from the date of recommendation of approval by the Engineer and should he fail to infom1 the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due an10unt at an annual rate equal to the monthly index of long term United States bond yields for the month prior to the month in which the obligation is incuned plus an additional one percent per annum. 9.6 CONTRACTOR'S WARRANTY OF TITLE Contractor waITants and guarantees that title to all \V ork, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner anile time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these Conditions of the Contract referred to as "Liens"). 9.7 SUBSTANTIAL COMPLETION 9.7.1 When Contractor considers the entire Work ready for its intended use Contractor shall, in v/riting to Owner and Engineer, certify that the entire Work is substantially complete and request that Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time thereafter, O\vner, Contractor and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to be completed or cOITected before final payment. 9.7.2 Owner shall have seven days after receipt of the 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, Engineer conciudes that the Work is not substantially complete, Engineer will within fourteen days after submission of the proposed Certificate to Owner notify Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said fomteen days execute and deliver to Owner and Contractor a final Certificate of Substantial Completion (with any revised list of items to be completed or cOlTected) reflecting such changes from the proposed Certificate as he believes justified after consideration of any objections from Owner. At the time of delivery of the proposed Certificate of Substantial Completion Engineer will deliver to Owner and Contractor a wriuen recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, heat, utilities and insurance. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo, Rosene, AnderUk & Associates. Inc. - 36- Unless Owner and Contractor agree otherwise in \vdting and so inform Engineer prior to his issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation \vill be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished pnor to Substantial Completion of all the Work subject to the following: 9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the Wark which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said palt of the Work is substantially complete a11d request Engineer to issue a proposed Celtificate of Substantial Completion for that pan of the Work. 9.8.2 Within a rem;onable time thereafter Owner, Contractor and Engineer shall make an inspection of that pmt of the Work to detelmine its status of completion. If Engineer does not consider that prut of the Work to be substantially complete, Engineer willnotity Owner a11d Contractor in writing giving his reasons therefor. If Engineer considers that part of the Work to be Substalltially complete, Engineer will execute and deliver to Owner and Contractor a proposed Certificate to that effect, fixing the date of Substantial Completion as to that prut of the Work, attaching thereto a list of items to be completed or corrected before final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to prut of the Work, Engineer will deliver to Owner a11d Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to secuI1ty, operation, safety, maintenance, utilities and insurance for that palt of the Work which shall become binding upon Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work which Engineer has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the list of items to be completed or corrected. 9.8.4 In lieu of the iSSUallCe of a Certificate of Substantial completion as to part of the \Vork, Ov./ner may take over operation of a facility constituting part of the Work \vhether or not it is substantialiy complete if such facility is functionally and separately usable: provided, that prior to any such takeover, Owner a11d Contractor have agreed as to the division of responsibilities between Owner and Contractor for security, operation, safety, maintenance, cOiTection period, heat, utilities and insurance with respect of such facility. 9.8.5 No occupancy of pmt of the Work or taking over of operations of a facility will be accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property Insurance. GeneraliS pecs/CondtllS. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 37 - 9.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Engineer win make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 9.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all items to be completed or cOlTected to the satisfaction of Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents -- all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions of Section 9.12), Contractor may make Application fm- Final Payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of aU Liens mising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed; a representation that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or his property might in any \vay be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distlibutor fails to furnish a release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE 9.11.1 If, on the basis of Engineer's observation of the Work dUI1ng constmction 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. Thereupon Engineer win give written notice to Owner and Contractor that the Wark is acceptable subject to all applicable provisions of the Contract Documents. Otherwise, Engineer will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in \vhich case Contractor shall make the necessary corrections and resubmit the Application. GeneraliS pecs/CondulS. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 38 - 9.11.2 If the Application and accompanying documentation are appropliate as to fon11 and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's Final Application for Payment and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. 9.11.3 If any remaining balance to be held by Owner for Work not fully completed or cOlTected is less thatl the retain age stipulated in the Agreement, and if Bonds have been furnished as required herein, the wlitten consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the tem1S and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perfonn and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a Cei1ificate of Substantial Completion, nor any payment by O\vner to Contractor under the Contract Documents, nor any use or occupancy of the Wark or any pan thereof by Owner, nor act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer purSUatlt to Sections 9.10 or 9.11, nor any correction of defective Work by Owner shall constitute an acceptance ofW ork not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 9.13 WAIVER OF CLAIlvlS The making and acceptance of final payment shan constitute: 9.13.1 A \Naiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 9.9 or from failure to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; and 9.13.2 A waiver of all claims bv Contractor alZainst O\vner other than those Dreviouslv made in oJ..... 1..1 writing and still unsettled. GcnerallS pecs/Condtlls. gcn '9 1996 Boncstroo. Roscne. Andcrlik & Associatcs. Inc. - 39 - SECTION 10 CHANGES IN THE WORK 10.1 CHANGE ORDERS Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon 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 decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment wili be made as provided in Section 10 or Section 11 on the basis of a claim made by either party. 10.2 FIELD ORDERS Engineer may auth0l1ze minor changes in the Work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall iIltent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall petiarm the change promptly. If Contractor believes that a Field Order justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor as provided herein. 10.3 UNAUTHORIZED WORK Additional Work peIfol1ned without authOlization of a Change Order \vill not entitle Contractor to an increase in the Contract Price or all extension or the Contract Tinle, except in the case of an emergency. 10.4 ENGINEER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because or any other claim of Contractor for a change in the Contract Time or the Contract Price which is recommended by Engineer. 10.5 NOTICE OF CHANGE TO SURETY If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contractor shan furnish proof of such adjustment to Owner. Gcneral/S pecs/C ondtns. gcn @ 1996 Boncstroo, Rosene. Andcrlik & Associates. Inc. - 40- 10.6 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the Engineer 'vvritten notice thereof within ten (10) days after the occurrence of the event giving I1se to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 10.7. No such claim shall be valid unless so made. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from sllch claim shall be authorized by Change Order. If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2) any order by the Owner to stop the Work where the Contractor 'vvas not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY 10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the OVvner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. 10.7.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 10.6. SECTION 11 CHANGE OF CONTRACT PRICE AND CONTRACT TIME 11.1 CONTRACT PRICE The Contract Price constitlltes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. GcncrallS pccs/CondtIlS. gc n @ 1996 Boncstroo. Roscnc. Alldcrlik & Associatcs. lllc. - 41 - 11.2 CHANGE IN CONTRACT PRICE 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, 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 ten (10) days of the OCCUlTence of the event giving I1se to the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be detennined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order. 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as given in the Proposal is increased or decreased, payment for such item wiIi be made on the basis of actual quantity completed, at the contract unit pI1ce for such item. 11.3 BASIS OF CHANGE The method of determining the cost or credit to the Owner resulting from a change in the work shall be detem1ined and mut1rally agreed upon by Owner and Contractor in advance of performance of the change in vvork in one or more of the following v\lays: 11.3.1 By mutual acceptance of a lump sum properly itemized, 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office expense, overhead, profit and bond), or 11.3.3 By actual cost of the changed work, plus an allowance for overhead, supervision and profit, as defined as follows: I . The" cost of the changed work" shalI mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work (except with prior consent of the Owner) as more specifically defined as follows: a. The cost of the changed work shan include: (1) 'vVages paid for labor in the direct employ of Contractor in the performance of the changed work in the field or in the fabrication shop under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and Owner, plus a payroll markup of 40 percent to cover all overhead items applicable to payroll, such as insurance, taxes, F.LCA., workmen's compensation, unemployment taxes, and union benefits. (2) Cost of all matetials, supplies and equipment incorporated in the changed work. GeneraliS pecs/C ondtns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 42- (3) Cost, including maintenance of all materials, supplies, equipment, temporary facilities and hand tools owned by workmen, which are consumed in the perfor111ance of the changed work, and cost less salvage value 011 such items used but not consumed which remain the property of the Contractor. (4) Rental charges of all necessary machinery and equipment, exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transpOltation and delivery costs thereof at rental charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is required by the Owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work. (6) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. (7) Pennit fees, royalties, damages for infringement of patents and costs of defending suits therefore, and deposits lost for causes other than the Contractor's negligence. (8) Losses and expenses, not compensated by insurance or otherwise sustained by the Contractor in connection with the changed work provided they have resulted from causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made 'with the written consent and approval of the Owner. No such losses and expenses shall be included in the cost of the changed work for the purpose of determining the Contractor's fees thereon. If, however, such loss requires reconstruction and the Contractor is placed in charge thereof, he shall be paid for his services an additional fee computed in propOltion to the sum stated above for the original changed \vork. (9) Cost of "drayage," exclusive of any drayage between shop and jobsite, only when Contractor must hire an independent trucking firm and driver to perform special drayage services in perf0l111ance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "Drayage" does not include transportation perfoi1ned or which could have been peri'ormed by Contractor's drivers or vehicles but for their use on another project. (10) Costs incurred due to an emergency arising out of the changed work affecting the safety of persons and property. . (11) Other costs incurred in the performance of the changed work if and to the extent approved in advance in writing by the Owner. GcnerallS pccs/C ondUls.gcn 'Of! 1996 Boncstroo. Rosenc. Andcrlik & Associatcs. Inc. - 43 - (12) Cost of Subcontractors in perfOIming the Contractor's work as changed shall be computed in accordance with this paragraph 11.3.3, computed in accordance with clauses 11.3.1, .2, or .3. b. The cost of the changed work shall exclude: (1) Sallliies or other compensation for Contractor's officers, executive, general managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics, \varehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch office or field office at the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, including without limitation the expense for pickup trucks, office trailers, storage trailers, rental of office or storage space, telephone, heat, lights, etc. (3) Ownership cost of maintenance expenses for Contractor-owned equipment, including without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's perfom1ance of the Work. (4) Cost for purchase and maintenance of tools, matelials, supplies and facilities not consumed during construction or incorporated in the work. (5) Contractor's capital expense, including interest on Contractor's capital employed for the work. (6) Overhead or general expenses of any kind, including but not limited to office or fabrication shop overhead or drafting and pIinting costs, except as may be expressly included in clause 11.3.3.1a above. (7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to injury or damage to persons or propelty, the correction of defective work, disposal of materials and equipment wrongly supplied. or making good any damage to propeIty. (8) The cost of an)' item not specifically and expressly included in the terms described in clause Il.3.3.la above. GeneraliS pecs/C ondlns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates, Inc. - 44- 2. Allowances for profit, overhead and nonreimbursable costs shall be computed as follows: a. For the Contractor: (1) A minimum of 5% up to a mccdmum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1 a (1) through (12) above, and (2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable discretion of the Owner) for the work of Subcontractors supervised by the Contractor as computed in accordance with clause 11.3.3. No fee will be allowed on Subcontractor work not supervised by the Contractor. (3) For fIrst, second, and other tier Subcontractors claiming compensation for changed \vork under clause l1.3.3.I(a) (12), their allowances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly above. (4) The Owner shall have the light to examine, inspect, copy and audit the books and records of any Contractor or Subcontractor making claim for reimbursement for costs and allowances hereunder in order to veI1fy the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 11.4 CHANGE OF CONTRACT TIlVrE 11.4.1 The Contract Time may only be changed by a Change Order. Any claim for an extenSiGll in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten (10) 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 thirty (30) days of such occunence 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 otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of Contractor if a claim is made therefor as provided in paragraph 11.4.1. Such delays shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this paragraph 11.4 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party. GenerailS pecs/C ondlns. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 45 - SECTION 12 SUSPENSION OF WORK AND TERMINATION 12.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be allo\ved an increase in the Contract Price or an extension of the Contract Time, or both, directly attI1butable to any suspension if he makes a claim therefor as provided in Sections 10 and 11. 12.2 OWNER IVIAY TERMINATE 12.2.1 Upon the occurrence of anyone or more of the following events: (a) If Contractor is adjudged a bankrupt or insolvent, (b) If Contractor makes a general assignment for the benefit of creditors, (c) If a trustee or receiver is appointed for Contractor or for any of Contractor's property, (d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable mateIials or equipment, (f) If Contractor repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment, (g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, (h) If Contractor disregards the authority of Engineer, or (1) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, Gencral/S pecs/C oncltIlS. gCIl @ 1996 Bonestroo, Roscnc, Andcrlik & Associates, Inc. - 46- Owner may after giving Contractor and his Surety seven days' WI1tten notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to O'vvner. Such costs inClined by Owner shall be verified by Engineer and incorporated in a Change Order, but in finishing the Work, OV,lner shall not be required to obtain the lowest figure for the Work performed. 12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by OViner will not release Contractor from liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. GeneraliS pecs/CondU1S. gen @ 1996 Bonestroo. Rosene. Anderlik & Associates. Inc. - 47 - 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a peI10d of more than ninety days by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally detelmined to be due, the Contractor may, upon seven days' wlitten notice to Owner and Engineer, telminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on W1 Application for Payment or OVll1er has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations to carryon the Work in accordance with the progress schedule wld without delay during disputes and disagreements with Owner. SECTION 13 MISCELLANEOUS 13.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be limited to the value of the work performed. 13.2 REMEDIES The duties and obligations imposed by these General Conditions and the lights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the \varranties, guarantees and obligations imposed upon Contractor herein and all of the lights wld remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any 'way as a limitation of, any rights wld remedies available to any or all of them which are otherwise imposed or available by law or contract by special warranty or guarantee or by other provisions of the Contract DOCllments, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particulw' duty, obligation, Iight and remedy to which they apply. All representations, wananties a..'1d guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. G encrallS pecs/Condlns. gcn @ 1996 Bonestroo, Roscne. Anderlik & Associates. Inc. - 48 - 13.3 PUBLIC CONVENIENCE The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the \-Vork shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets, drainage ditches and irrigation ditches, which shaH not be obstructed. 13.4 CROSSING UTILITIES. ETC. \rVhere the prosecution of the Work results in the crossing of high\vays, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written pelmission from the proper authority to cross said highway, railroad, street or utility before further prosecuting the V./ork. A copy of the written document granting permission shall be filed with the Owner and Engineer before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Engineer before final acceptance of the Vi ork is granted. 13.5 SANITARY PROVISIONS The Contractor shall provide o.nd maintain such sanitary facilities for the use of his employees a.T1d those of his Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal, State and local governments, or agencies or departments thereof. 13.6 PRESERVATION OF HISTORICAL OBJECTS 13.6.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 13.6.2 The Contractor shaH immediately notify the Owner of any historical objects he may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. GeneraVSpecslCondtns.gen @ 1996 Bonestroo, Rosene, Anderlik & Associates. Inc. - 49- 13.6.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages he might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of matelials and equipment and the operations of workmen to areas permitted by lmv, ordinances, permits or the requirements of the Contract Documents, a.l1d shall not unreasonably encumber the premises with construction equipment or other materials or equipment. GeneraliS pecs/C ondulS. gen @ 1996 Bonestroo, Rosene. Anderlik & Associates, Inc. - 50- FORM OF AGREE:MENT THIS AGREEMENT, made and signed this 17TH day of JUNE , 19 -2.L, by and between City of New Hope, hereinafter called the "Owner", and F.W. Gartner and Company, hereinafter called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the consideration hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the provisions of the plans and specifications as prepared by Bonestroo, Rosene, Anderlik & Associates, Inc., of St. Paul, Minnesota, and indicated below under ARTICLE IV, as provided by the Owner for: Building Demolition at 7528 42nd A venue North City Project No. 595 File No. 34205 and to do everything required by this Agreement and the Contract Documents. ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before the completion date July 31,1997 as specified. ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file in the Office of the Clerk, City of New Hope, the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $87,171.70** or Eighty seven thousand one hundred seventy one and 701100 Dollars. ARTICLE IV. The Contract Documents shall consist of the following component parts: (a) Drawings (b) Specifications (l)Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid Security); (2)Special Provisions; (3)General and Specific Requirements; (4)Conditions of the Contract (General and other conditions); (5)Performance and Payment Bond; ( 6)Agreement; (7)Detail Plates and other drawings attached to specifications; ** Contract includes Base Bid plus Alternate Bid A (Q 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 51 General Construction Contract Between City & Contractor This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. Attest: >kw (~~ The City of New Hope (Seal) /1 By &:;/ /~ ~ '" /J MAYOR .?/Y'A<,l/U-.:.~L-dl€ ,~ By /~~ CONTRACTOR !). In !ch~ presenc~ of: '~('i/ j' '. ,_/ /... i\,....., !....I.....I. i.'" ~I. _.\..-". 4.-1'7...,....1 / fl. '.1 iil/[ I !\ Sf V \,. /0~ :>"-' \ 'J, TIfLE CER~CATEOFACKNOWLEDGEMENT State of Minnesota ) , ' ) SS. County ofjiwWUYV./iU) Oni;(hi~ l~ day of Ch.(.L,'-Tr , 19 97 , before me personally appeared_ tu, (Ltvc:.. rctLeL () U, to me personally known, being by me duly sworn, did say that he is the Mayor of the City of New Hope, that the seal affixed to the foregoing instrument is the seal of said City of New Hope, and th;;t sl~d in~rume~t was executed on behalf of the by authority of its City Council, and said iU. T~r fLit. 16 acknO\y1edged the instrument to be the free act and deed of said City of New HO~<J L (Notarial Seal) Signature of Notary Public v -. JAYNE C, FERRY I NOTAP.~ PUBLIC M1NNE"OT~ MY COMMISSION EXPIRES JANUAR~ 31 ~ooo @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 52 General Construction Contract Between City & Contractor CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of RAMSEY ) On this 17TH day of JUNE , 19..2L, before me personally appeared FORREST GARTNER , to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) Nt 31, 200'0 of Notary Public FUSLie - :iJ,;;~!';;.LS01A t"t~:I';o:.;;'S CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this day of ,19_, before me personally appeared_ and , to me personally known who, being by me duly sworn, each did say that they are respectively the and of F.W. Gartner and Company, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors and said and acknowledged the instrument to be the free act and deed of the corporation. (Notarial Seal) Signature of Notary Public @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 53 General Construction Contract Between City & Contractor Bond No. 8068807 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that F.W. Gartner and Company as Principal (hereinafter called Contractor) and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) in the amount of $87,171.70** or Eighty seven thousand one hundred seventy one and 70/100 Dollars for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated JUNE 17 , 19~, entered into a contract with the Obligee for construction of Building Demolition at 7528 42nd Avenue North in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Assoc., Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract in conformance with the Contract Documents, and all guaranty, indemnity and warranty obligations specified therein, and shall promptly and faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the Obligee. Whenever the Contractor shall be, and declared by the Obligee to be 111 default under the Contract, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Contract in accordance with its terms and conditions, or if appropriate, ** Contract includes Base Bid plus Alternate Bid A @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 54 General Construction Contract Between City & Contractor 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract, while the Obligee shall pay the Surety the cost of completion, up to but not exceeding the balance of the contract price. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, (3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the successors of the Obligee. Signed and sealed this 17TH day of JUNE , 19..2.2-. By F.W. Gartner and Company Contr~ ~ ~~:# ,. SIgnature FORREST GARTNER (Typed or Printed name of Signer) Title millER , ,/ ....,./#' --...." {//J[;. <:./1 I~ .?I! /~ Witness ~; (..// By Signature (Typed or Printed name of Signer) Title @ 1997 Bonestroo, Rosene, Ander1ik & Associates, Inc. 55 General Construction Contract Between City & Contractor MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK PLAN Policy Administrator EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Certificate of Insurance This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. ISSUED TO NAME AND MAILING ADDRESS OF INSURED AGENT OF RECORD ISSUING DATE CITY OF NEW HOPE 4401 XYLON AVE NEW HOPE MN 55428 FORREST GARTNER D/B/A F W GARTNER & COMPANY 6331 84TH CT BROOKLYN PARK MN 55445 AMERICAN AGENCY INC PO BOX 16527 MINNEAPOLIS MN 55416-0527 06 13 97 Type of Insurance Policy Number Policy Effective Date (MO/DA/YR) Po l i cy Expiration Date (MO/DA/YR) Workers Compensation 0318 00 121894 02 12 97 02 12 98 SPECIAL PROVISIONS/LOCATIONS/SPECIFIED AUTOS: THIS POLICY PROVIDES COVERAGE FOR MINNESOTA EXPOSURE ONLY. THERE HAS BEEN NO ELECTION OF COVERAGE MADE FOR: FORREST GARTNER EACH ACCIDENT $100,000/DISEASE POLICY LIMIT $500,000/DISEASE EACH EMPLOYEE $100,000 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy (policies) described above is subject to all of the terms, exclusions and conditions of such policy (policies) during the term(s) thereof. PRODUCER NO. ISSUING OFFICE REGION 0929 PO BOX 1357 MINNEAPOLIS MN 55440-1357 (612) 830-1700 MPL Signed STEVEN A. SONDRALL MICHAEL R. LAFLEUR MARTIN P. MALECHA WILLIAM C. STRAIT* CORRICK & SONDRALL, P.A. ArrORNEYS AT LAW Edinburgh Executive Office Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park. Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LEGAL ASSISTANT SHARON D. DERBY *APPROVED ADR NEUTRAL July 8, 1997 Valerie Leone City Clerk City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Building Demolition (F.W. Gartner) City Project 595 Our File No. 99.11090 Dear Valerie: Enclosed are fax copies of two insurance certificates which cover all of the required insurance for this project. You should have or be receiving the originals of both of these certificates. Let me know if you have any questions. Very truly yours, Martin P. Malecha Assistant City Attorney m3w Enclosures cc: Mark Hanson Tom Shuster Steven A. Sondrall o i: 0 8 " 9 'r. 1 J : 2 2 FAX 612 8 J 0 1 i 2 6 WAliSAli INS. CO. @002/002 [ ) REGIONAL OFFICE Copy [ 1 PRODUCER COPT MJ:NNESOTA WOlUtERS II COMPENSATION ASSIGNED RISK PLAN Policy Administrator EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Certificate of Insurance Thi$ is to certify that the insurance polieles (detcribed below by e policy number) written on Torms in use by the company have been Issued. This certificate is not e pOlicy or e binder of lnsurance and do~s not in any way alter, amend or exttnd the coverage afforded by any policy referred to herein. ISSUED TO CITY OF NEW HOPE 4401 XYLON AVE NEW HOPE MN 55428 NAME AND MAILING ADDRESS OF INSURED FORREST GARTNER D/B/A F W GARTNER & COMPANY 6331 84TH CT BROOKLYN PARK MN 55445 AGENT OF RECORD ISSUING DATE AMERICAN AGENCY INe PO BOX 16527 MINNEAPOLIS HN 55416-0527 06 13 97 Type of Insurance Policy Nunber Pol icy Effective Date (MQ/DA/YR) 02 12 97 policy Expl r1:lt ion Date (MO/DA/YR) Workert Compensation 0318 00 121894 02 12 98 SPECIAL PROVISIONS/LOCATIONS/SPECIFIED AUTOS: THIS POLICY PROVIDES COVERAGE FOR MINNESOTA EXPOSURE ONLY. THERE HAS BEEN NO ELECTION OF COVERAGE MADE FOR: FORREST GARTNER EACH ACCIDENT $100,OOO/D1SEASE POLICY LIMIT S500,000/DISEASE EACH EMPLOYEE $100,000 Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy (policies) de~cribed above is subject to ell of the terms, e~clu5ions and conditions of such policy (policies) during the term's) thereof. 0929 ISSUING OFFICE 1'0 BOX 1357 MINNEAPOLIS MN 55440-1357 (612) 830-1700 REGION PRODUCER NO. MPL Signed 7-07-19974:19AM FROM AMERICAN/SPANJERS 6125452109 P.1 fAcoiio_ ,~, ':..../A,\..............,.......~.O.......,........._-_....~~~:: PRODVaoR DAn;~ 07 07 97 THIS CERTlFICATE IS ISSUEO AS A MAlTER OF INFORMATION ON1. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR M.TER THE COVERAGE AFFORDED BY 1ME POUCIES BEI.OW. COMPANIES AFFORDING COVERAGE AMERICAN AGENCY INC. POBOX 16527 5851 CEDAR LAKE RD ST LOUIS PK MN 55416-0527 COMPANY A ERICKSON LARSEN ST PAUL RE IHSUIlll'.Il F 'W GARTNER COMPANY 8 NORTH RIVER INSURANCE CO. 18660 YAKIMA STREET NW ANOKA MN 55303 COMPANY C ERICKSON LARSEN SCOTTSDALE INS <<lMl'ANY D ~('.~~' ilIls 1$ TO CERTIFY THAT ilolE POUCIES ~ INSUF\ANCE llSlED eELOW HAve BEEN ISSlJED YO THe INSURED NAMEO ABOve FOfl ilolE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONomON OF ANY coNTfIACT OR ornER DOCUMENT WITH RESPECT TO WHlCl1 THIS CERTlFlCATe MAY BE ISSUED OR MAY PERTAIN, ll-tli! INSURANCE AFFORDEO BY THE POUOlES D5SCRIBEro HEREIN IS SUBJECT TO ALl. THe TEAMS, EXCUJSIONS ANDCONomoN5 OF SUCH POUClEB. LIMITS SHOWN MAY HAVE BEEN REouceD BY PAID CLAIMS. TYPti: Of' ~ POUCy ~ POLICY Eff'E~ POLICY DPlRAl'lOM DAn!: (UYJDD{"f"f) DATE (YMIIlOJYY) L.lMIT8 Gl!tll9W- LI.A8&.I1'Y S 2 7 8 4MN .X COMMEACW. GENBW.. LIASl4J1'Y . aAlMS MAD!! [X] OCCUR OWNER'S & CONTMCTOR'S PftOT 08/14/96 08/14/97 GliiNeIW. ~GGAl!GATI!: $2 PRODUCTS . COMPIOt' AGG ;1 PeRSONAl.. a NJV 1NJ\1R"t' .1 EACH OCCURRENCE sl Fll'lC1 DAMAGE (My one Ih) II MEt> 100' (Mtf one pIlfllOO) . COMSINED SlNGLE UMIT 000 000 000 000 000 000 000 000 50 000 5 000 750,000 I AIJTOM08lI.E LIABIU"IY 5185025532 11 /lNY AUTO AU. OWNED AUTOS X SCH6)UJ.ED AUTOS . X HIRED AUTOS X NON-OWNeD AUTOS 09/01/96 09/01/97 $ eoDlLY WJURY l"-"~ I BODILY INJURY (PO<' I>OOIdenI) $ PROf'lil'ITV DAMAGe I EJl:Cl>IlS UABIUT'{ <4 9131 \.IMBREllA FORM X O'lHER 'mAN lIM8Ra.I.A l'O AM WORICIlIilll COJ4l>l!HSATICIN AHD EMl'WWRS' LIABlUTY 'THE PROPRliITOFV R lNCL"eXCl pAR11'/ERSIEJ(eeuTlVE OFFICERS ARE; 011iER ...lITO ONLY - EA ACCIDeNT . OTHER lJolAN AlITO 0Nl. Y: l!ACl'l ACClDafr $ AGGRmATl! I 07/07/97 08/14/97 EACHOCCURFt!NCE .1 000 000 AGGREGATE &1 000 000 $ ~ QARAGIt IJAB&lIY mv AIJTO Y I ER I!L EACH ACCJI)afr . a. l)ISeASlE-l'OUCY lIMIT $ a. tlISEAS!!-!'A l!MPI..OYEE $ oESI;\RIP11OM at: OPERA'I'1OKM.OeAllOHSIV~ew.. MMS CITY OF NEW HOPE IS ADDITIONAL INSURED AS RESPECTS THE NAMED INSURED'S OPERATION: DEMOLITION OF 7528 42ND AVENUE NORTH, NEW HOPE MN y~N;Riili~W..Jl~~ " .O~" . ~t~~&~.~.O:.6.~/)~~1~1H...... ~..;-;;. ,", ~rf <,if iW<i!i",l~;:l;;~"~ ~ - >>'f&N .... ~~~ ~ ~... ~ ~~~!i~~!~~~~~ '"~~~~,'ii~ ;< . ,<I'X~ ~..""".,~ ;<<.*m~'1mi*?#?~~'''-~ ~~~~ ""~,('~~ ;;~..~lW' ~- <:?}~;; SHOUUl jlH'( 01' 1ME ABOVE l:iESCl\I&eD PO\.ICE.S 8IIt CAHC2U.ED IJl1i'CIRE lIE IIXPIRADOM DATE ntEREOf', 1H!! I8SUIHG COMi'AJI'ii' WIJ. _ lUll ~ DAYS WRI1TEM N011C::E TO 1liE CI!Jll1l'lCA11! HDUlalICllJlCD TO 'lJ'IE LEFT, _. ... UIr .. CITY OF NEW HOPE 4401 XYLON AVENUE NEW HOPE MN 55428 ~ ~AnvE MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK PLAN Policy Administrator EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Certificate of Insurance This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. ISSUED TO CITY OF NEW HOPE 4401 XYLON AVE NEW HOPE MN 55428 NAME AND MAILING ADDRESS OF INSURED FORREST GARTNER DBA F W GARTNER & COMPANY 6331 84TH CT BROOKLYN PARK MN 55445 AGENT OF RECORD AMERICAN AGENCY INC PO BOX 16527 MINNEAPOLIS MN 55416-0527 ISSUING DATE 07 10 97 Type of Insurance Workers Compensation Policy Number Policy Effective Date (MO/DA/YR) 02 12 97 PoliCY Expiration Date (MO/DAlYR) 02 12 98 0318 00 121894 SPECIAL PROVISIONS/LOCATIONS/SPECIFIED AUTOS: THIS POLICY PROVIDES COVERAGE FOR MINNESOTA EXPOSURE ONLY. EACH ACCIDENT $100.000/DISEASE POLICY LIMIT $500.000/DISEASE EACH EMPLOYEE $100.000 THERE HAS BEEN NO ELECTION OF COVERAGE MADE FOR: FORREST GARTNER Notwithstanding any requirement. term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. the insurance afforded by the policy (policies) described above is subject to all of the terms. exclusions and conditions of such policy (policies) during the term(s) thereof. PRODUCER NO. 0929 ISSUING OFFICE PO BOX 1357 MINNEAPOLIS MN 55440-1357 (612) 830-1700 REGION MPL Signed (If the contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety 210 NORTH CHARLES STREET, BALTIMORE, MD 21201 Address (612) 585-4676 Phone No. _?c~ p~ )" Witness ,,- By Signature ROBERT E. CLEMANTS (Typed or Printed name of Signer) Title ATTORNEY-IN-FACT 5851 CEDAR LAKE ROAD, MINNEAPOLIS, MN 55416 (Local Address & Telephone Number) (612) 545-1230 (The attorney-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 56 General Construction Contract Between City & Contractor CERTIFICATE OF ACKNOWLEDGMENT BY PRINClP AL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of RAMSEY ) On this 17TH day of JUNE , 19.:1.1-, before me personally appeared FORREST GARTNER , to me known to be the person described in and who executed the foregoing bond, and acknowledged that _he executed the same as the free act and deed of the individual. (Notarial Seal) E.~~<-c,;-'S"~~:?~~~~~ .~ A~~.~~SSA ";' NORDlt-l f 'l) n -'. -I.\, ~ 1.":1 COMI,,\!SS!Ot~ E/(HRf5. l Signature of Notary Public ; JAhJU/:..R't 3t 2000 ~ Ii if'v::~Y->'+-"i2'-4"-'f"_r.:!f",~"ft'l!"*""./?_4".,~~~-;;,,'[;'-#-,_;-..,'?-/?-_:!'4"....~"',:J-.<--_.p,.p_,_~_,_~.., CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this _ day of , 19_, before me personally appeared and , to me personally known who, being by me duly sworn, did say that they are respectively the and , of F.W. Gartner and Company that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said _ and acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Signature of Notary Public FIDELITY AND DEPOSIT COMPANY OF MARYh~ND, 210 NORTH CHARLES STREET, BALTIMORE. MD 21201 Full Name & Address of Surety Company's Home Office AMERICAN AGENCY, INC., 5851 CEDAR LAKE ROAD, MINNEAPOLIS, MN 55416 (612) 545-1210 Full Name, Address, Phone, and Contact Person of Local Bond Agency If this bond is executed outside of the State of Minnesota, it must be countersigned on the Performance Bond by a Minnesota resident agent of the Surety Company. N/A Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 57 General Construction Contract Between City & Contractor ACKNOWLEDGNffiNTOFCORPOR~TESURETY STATE OF COlTNlY OF HINNESOTA R.AJ.'1SEY On this 17TH day of appeared ROBERT E. CLEMAL'TTS to me personally kno'WTI, who being by me duly sworn, did say that he is the aforesaid officer or attorney in fact of JUNE ,19 97 , before me FIDELITY AND DEPOSIT COHPANY OF }L~YLfu'TD a corporation; that the seal aflixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. ~ rrfj_.<N."~~U. ME~~SS; ~~;RD~N4_1 i q:. NOTARY puaLIC,., MINNeSOTA j'f; MY COMMISSION EXPIRES '," JANUARY 31, 2000 ....,-.", '-r~""..t',."~,."".......#....""...P~"""",, (Notarial Seal) Notary Public, L/7)--GUA.jjp) u/l.. [IW7Af2t-l'--.--- Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELrry A.."ID DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute anQ~ap~int Earl~~~.. Clements, Ot to T. Bang, Robert J. Vogelpohl, Terry Starks, Qavid E..Sell(~~atherige~:~i' Rosch, Melissa M. Nordin and Robert E. Clemants, all of M1.nneapol1s, 1~l:1..lUlesota. '-E~eH. . . . . . . . . . . . . . . . . . . . Its true anCllawtuJ agent and AttorneY-1O-Fact, to make, execu~s~jand deliv~r,,\fqr; and on its behalf as surety, and as its act and deed: any and all bonds and undertakings.. .t{~~... ...(~~~):.. .......... ..... ......... ...... /'';', \....^ /'> ", ',-v <<',', v' ,,' >:<~;. :> '~ ,~":~ ,", v,,",,'::J ~ Ana the execution of such bonds or undertakings in p~~~ce of the,~~~~nts, shall be as binding upon said Company, as fully and amply, to all. inten~ and purpose~, as i~ they had ~n~a~y execute<;! aP~;~cknowledged by the regularly elected officers of the Company at Its office 10 Balumore, Md., 10 theIr own prope.r/~rsons. Ttv:I::~, power of attorney revokes that l.ssued on "'>'.' ,~">',.''-;''',) behalf of Earl L. Clemants, e~a~~ dated@une 22, 1995. (', ,':,":~:, '~, ,,/) ""',""'"r The said Assistant Secretary does hereby ce&~~t the e~tj::ic1sit forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and)~. ~ow in force:' (::;'--') IN wrrNESS WHEREOF, the said Vi~~~esident ansKA:isistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY ~t:t:DEPOSIT ~OMPANY OF MARYL.A1'ID, this_____1l t h day of Oc tober , A.D. 19_ 95 -:::.>5 FIDELITY AND,DEl>OSIT COMPANY OF MARYLAND \) 0 ~ By ~~~ Ass~J;.Secretary Vice"fresident \ I ) ss: On this_ 11 t1L_day oL___Oc tgJ:?e L___, A.D. 19_.25, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. L~ TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~..~ ~r/ JL 't g~. CAROLJ~.AJ)~-'~7~--- '-~ Notary Public ~ /, My Commission Expires________August 1. 129...2___ STATE OF MARYLAND COU1'cTY OF BALTIMORE CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY A..~D DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSrr COMPANY OF MARYLAi"ID. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELrry Ai~D DEPOSrr COMPAi'IT OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOL YED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this __l.?.TH_ JUNE 97 day ot__________, 19___. L1428c -184-8011 ~~ ----------cr-r:r&---~ See"",,, EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto. " Bond No. 8068807 LABOR AND MATERIAL PA Y1\1ENT BOND KNOW ALL MEN BY THESE PRESENTS: that F.W. Gartner and Company as Principal, (hereinafter called Contractor) and, FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety (hereinafter called Surety) are held and firmly bound unto City of New Hope as Obligee (hereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined, in the amount of $87,171.70** or Eighty seven thousand one hundred seventy one and 70/100 Dollars, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated JUNE 17, 1997 , entered into a contract with Obligee for construction of Building Demolition at 7528 42nd Avenue North in accordance with Drawings and Specifications prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract and shall keep the Project free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include without limitation that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien may be filed against the Obligee under the applicable law. 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. ** Contract includes Base Bid plus Alternate Bid A @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 58 General Construction Contract Between City & Contractor 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant shall have filed a public contractors bond claim in the form and within the time provided under applicable law, or (b) After expiration of time for enforcement of a public Contractors bond claim by legal action. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remove any and all liens filed against the Project by claimants. 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited by the conditions set forth in paragraphs 1 through 3 above. By F.W. Gartner and Company Contractor ~ FORREST GARTNER (Typed or Printed name of Signer) Title -/ . .//J{7<-7~ ~ ~/f/~ '-. ___ , Witness ) (/ millER By Signature (Typed or Printed name of Signer) Title (If the contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 59 General Construction Contract Between City & Contractor /"--- $-~ Witness ,.J ( @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. By (If the contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond.) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Surety 210 NORTH CHARLES STREET, BALTIMORE, MD 21201 Address (612) 585-4676 Phone No. J -Lr /}? 61/..l/'(;l;/( j { J!lJ2/vf/~/ Signature ROBERT E. CLEMANTS (Typed or Printed name of Signer) Title ATTORNEY-IN-FACT 5851 CEDAR LAKE ROAD, MINNEAPOLIS, MN 55416 (Local Address & Telephone Number) (612) 545-1230 (The attomey-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act on behalf of and to bind the surety.) 60 General Construction Contract Between City & Contractor CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) State of Minnesota ) ) SS. County of RAMSEY ) On this 17TH day of JUNE , 19-11, before me personally appeared FORREST GARTNER , to me known to be the person described in and who executed the foregoing bond, and acknowledged that _he executed the same as the free act and deed of the individual. MELISSA M. NORDIN t NOiAR't PUBUC - MiNNESOTA (Notarial Seal) - - "HI V'i\I'i'\\,';.)IVI 1-('\"""''0:1 JANUARY 31. 2000 . ////]/} r f' . I)' ! ('/1 (.1'/ /u'/2 ,() {/f, / CJ ,jL.J<../JvJ.-.U L I I . _ 0 ~ ~ Signature of Notary Public CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) State of Minnesota ) ) SS. County of ) On this _ day of , 19_, before me personally appeared and , to me personally known who, being by me duly swom, did say that they are respectively the and , of F.W. Gartner and Company that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the instrument to be the free act and deed of said corporation. (Notarial Seal) Notary Public FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 210 NORTH CHARLES STREET. BAT.'l'TMnln: Mn Full Name & Address of Surety Company's Home Address 1.1201 AMERICAN AGENCY, INC. 5851 CEDAR LAKE ROAD, MINNEAPOLIS, MN 55416. (612) S4S-1?iO Full Name, Address, Phone & Contact Person of Local Bond Agency If this bond is executed outside of the State of Minnesota, it must be countersigned by a Minnesota resident agent of the Surety Company. N/A Name & Address of Agent Affixing Countersignature MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Surety. @ 1997 Bonestroo, Rosene, Anderlik & Associates, Inc. 61 General Construction Contract Between City & Contractor Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMP.-'\NY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and!ap~int EarL''':4\ Clements, Otto T. Bang, Robert J. Vogelpohl, Terry Starks, Qavid E.. Sell~~~~atheri~~~~~ Rosch, Melissa M. Nordin and Robert E. Clemants, all of M~nneapol1.s, /t>I:t~esota., ..~ACH. . . . . . . . . . . . . . . . . . . ItS true ana lawtul agent and AttorneY-In-Fact, to make, execut,e;,'::S~l3Yand deliv~h,.t~r: and on itS behalf as surety, and as its act and deed: any and all bonds and undertakings. ..~~): .....~~~y~...... ................ ..... ..... ~~~~~~' ,^.'::(.?:;~. .~a me execution of such bonds or undertakings in B~s~he of the~~'(~nts, shall be as binding upon said Company, as fully and amply, to all. inten~ and purpose~, as i! they had bet:n'a~y~ execu~ an~~cknowledged by the regularly elected officers of the Company at Its office In Balumore, Md., In their own pro~~~~rsons. T~~~) power of attorney revokes that ~ssued on behalf of Earl L. Clemants, eJ:~,J;~.vdated~q':l;>e 22, 1995. 7.\'-'~'<"':'..-'- <: <~ '--;: The said Assistant Secretary does hereby certif;}r;mat the eX.traCt~et forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, andi~now in force.<~):':!v;) IN WITNESS WHERE?F, the said Vi~,::~esident ang:~l.Stant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the SaId FIDELITY ~jDEPOSIT ~OMPANY OF MARYLAN"D, this 11 th day of October , A.D. 19_ 95)~~;::;.. nn~COMPANYOF:YL&~e~~ Assis41ri!<Secretary Vu:etresident \ ( ss: ) On this_lltlL_day oL___9ctQ.Q.eL__, A.D. 19__95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ~~~ ---------- ~79- -~y~ 9f: PUIlUC :,f. CAROL J. FADER-- Notary Public ~~. I My Commission Expires____----A~~99..Q--- STATE OF MARYL.~.ll/D CotJ']\oTY OF BALTIMORE CERTIFICATE I, the undersigned, Assistant Secretary of the FIDEUTY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSrr COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this __!L'!'ll_ day of____---IJm_~________, 19_2.7 L1428c -184-8011 ~~ ~~~S""Mry EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND .. Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto. " II~ 5 95' e{lr~tr~ - m 1-~41 ~ij; HO~ - COUNCIL REQUEST FOR ACTION Originating Department City Manager Approved for Agenda Agenda Section Consent O 3-24-97 Kirk McDonald By: Management Assistant By: 6.11 MOTION APPROVING QUOTE SUBMITTiD BY AGASSIZ ENVIRONMENTAL SYSTEMS IN THE AMOUNT OF $500.00 TO ABANDON WELLS ON CITY-OWNED PROPERTY AT 7528 42nd AVENUE (IMPROVEMENT PROJECT NO. 595) Item No. City staff is coordinating with the City Engineer and the City's environmental consultant, Northern Environmental, to prepare for the demolition of the vacant City-owned industrial building at 7528 42nd Avenue this spring. There are a number of items that must be completed prior to demolition and one of the tasks is the abandonment/sealing of the four (4) monitoring wells on the property. Staff requested that Northern Environmental obtain quotes from reputable firms for the abandonment of the four monitoring wells on the site. The following firms submitted quotes: Company Agassiz Environmental Systems Bergerson - Caswell, Inc. Boart Longyear Traut Hydro-Tech Bid for Well Abandonment $500.00 $900.00 $900.00 $960.00 Northern Environmental recommends that the work be awarded to the firm with the low quote, Agassiz Environmental Systems. Agassiz has satisfactorily completed work for the City In the past. The demolition work will be paid for with EDA and TIF funds. Staff recommends approval of a motion approving the quote submitted by Agassiz Environmental Systems in the amount of $500.00 to abandon the monitoring wells on the City-owned property at 7528 42nd Avenue. MOTION BY /la~ . c-. " 'v _ / '/ . L/""'" 'L/t_C-/' SECOND BY j'/;' /:/' 0' iL/' ~a.-'-/ ,0/ _ .'/ ;/ /( !/l./ \ 1/~-c/i TO: 11/ /.~/)f) /7/"': / '- ~ , //{ 'q. - / / Review: Administration: Finance: RFA-OO 1 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep'l. Fax: 612-531-5175 March 27, 1997 Agassiz Environmental Systems Attn: John Landwehr 10600 University Avenue NW, Suite 3A Coon Rapids, MN 55448 Subject: Well Abandonment/Sealing at 7528 42nd Avenue North in New Hope Dear Mr. Landwehr: At the March 24 New Hope City Council meeting, the Council approved your quote in the amount of $500 for the abandonment/sealing of the four monitoring wells on the City-owned property at 7528 42nd Avenue North. Listed below are the quotes received: Company Agassiz Environmental Systems Bergerson - Caswell, Inc. Boart Longyear Traut Hydro-Tech Bid for Well Abandonment $500.00 $900.00 $900.00 $960.00 The City would like the four monitoring wells to be abandoned/sealed as soon as possible. Please notify me when the work has been completed so that the demolition process can proceed. As you are aware, the City requested that Northern Environmental solicit quotes for this work on behalf of the City. If you have any questions about the technical nature of the work, please contact Doug Bergstrom (635-9100). If you have any other questions, please contact Doug Sandstad, New Hope Building Official (531-5122) or me (531-5119). Sincerely, ~ r I . \ '" '" \ ...' '. .." ,........\ t,\ -~~~~<\\""~'-~'-~ Kirk McDonald Management Assistant/ Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Jerry Pertzsch, Bonestroo & Associates Doug Sandstad, Building Official Valerie Leone, City Clerk (Improvement Project No. 595) Doug Bergstrom, Northern Environmental Family Styled City 1J0..~.i,,, For Family living ,'Jv,j Hi\ 83/13/97 89: 41 ~ ~IRCH1ENTFt.. ST Pf:U... .. 7672542 1','0. 748 ~ .... IIONlTORWG WEl.L~ ~~v:ue. TA HcnonIbIe City Council City of New Hope 4402 X)iIon Avenue Ncnh New ~) Mln.leIOtI Gl50427 BId ~ G:VI7(1l M ! DNt council Mtimbens:; TM unotr1t$;nod. being famk with the subject ih ~ IcQl ~, having ~ tl'\e lilttIIc:hed de.seriptiM Of wol'k., ~ fatnifia( with all facton and other conditions ~ the ~ and OO$t thereof, h~ propos.es to furnlih.U I&lbor, toola. mateMJa. UiIa, oquipment and all etH "**MfY to ~ the ptOjed In ~~ with the ~ ~ of WOI1t :tt./ ttam \.Jnit Nu~ ofi urnt Units Cost Total Cost Monlmr'M1G WeR Absndonment Total Bid 1 4 $ I;1.S $. ~eo - 11" $ 5"~o ,- The final amount of the eootract ahaft be determined by multiplying the flnal m..~ ~~s ef the wriQu$ items by the lJflit prices 8ta*l,ln submitting this bid jt ts ~ that th. owner NlUlUns the right to Iltjeet any and aU bids and to waive iirregu~ and ~ ~in Il!Ind to IiiWWd the CQt')trad in ..,. bNt i~ of the wmer_ It is IJf'IdMatood that bids may not be wtthdnlrwn for a P<<iOd Of 30 day3 .fllfter the date en the btd form, ~ Submttted, U~~ 7 lo...s<;v tJ-u~~ t-; /ll/e A/. W, ~ 0/;-.4 ~.AJS5.;/W CIty, stMo .. Zip CodG ::;;;Ar<.) ~Jw eAr Printed .NIMle of Signer 7t::' '7- ;;) 5 rJ. S TtI..~ No. 3- /~.... <) "7 Cete ~- '\1a~.IIln T-'''-~~'' FAX TRANSMITTAL FAX NUMBER: 3 -;/'-C(7 () m":f (fe I(l.s-fro/o/ if A Af.:.r-Ae r,( ) ~o !/-1' r t'"J ,<-) M'f>.-v-b I 63.5'- 'j/f5n L3S -0(,13 8 BILL TERRY JULIE JIM (612)767-2525 (612)767-2542 DATE: TO: COtv-fP ANY: PHONE: FAX NUNIBER: FROM: PHONE: Nt.J1v.l::BER OF PAGES INCLUDING THIS ON""E: /?. RE.1.V1ARKS: TIo/uK:> F;r I~ n' {..,uk;' "uO (J (' ./' I (?+- U..) ....~ 10600 University Ave. NV/. Suite 3A II Coon Rapids. MN 55448 Office (612) 767-2525 · FAX (6 J 21 767-2542 · 1-800-362-7087 / ~ 5"9'5 ~7-f(;UtC;w::~ - m\"tY O~ ~ ~ ~W ~oq COUNCIL REQUEST FOR ACTION OrIginating Department City Manager Approved for Agenda Agenda Section Consent V) 3-24-97 Item No. Kirk McDonald By: Management Assistant By: 6 . 12 MOTION APPROVING QUOTE SUBMITTJ~~ BY ANGSTROM ANALYTICAL, INC. IN THE AMOUNT OF $650.00 FOR ENVIRONMENTAL TESTING IN THE CITY-OWNED BUILDING AT 7528 42nd AVENUE (IMPROVEMENT PROJECT NO. 595) City staff is coordinating with the City Engineer and the City's environmental consultant, Northern Environmental, to prepare for the demolition of the vacant City-owned industrial building at 7528 42nd Avenue this spring. There are a number of items that must be completed prior to demolition and one of the tasks is the completion of an environmental survey. Prior to demolition, the building must be surveyed for asbestos-containing materials, and any friable asbestos-containing materials must be identified and reported to the demolition contractor. Also, it is possible that some of the fluorescent light fixtures contain ballasts containing PCB oils. Both of these items must be surveyed and tested before demolition. Asbestos Samolinq For the purposes of providing cost estimates, the contractors were requested to assume a total of 25 samples, and to also give unit costs should the amount of sampling be above or below 25 samples. The total cost of asbestos testing will only be known after the on-site work is completed. Liqht Ballast Identification As a part of the cost estimate, the contractors were asked to itemize and locate all light ballasts, and to provide a list of those fixtures that are known not to contain PCBs, and a list of those which may contain PCBs. For the purposes of property disposal, any ballast which potentially contains PCBs will be disposed of as though it was known to contain PCBs. Staff requested that Northern Environmental obtain quotes from reputable firms for the environmental surveying/testing. The following firms submitted quotes: (cont'd.) MOTION BY 1/ ..i~- f Ljl~&;( ~ SECOND BY / /! ''/I' . I ("../,y' ,',,' r, ,"; { t)f/,/? (/ /7 " \./ ,...~A~"""""".-"'" C..- TO: / J'_ j ~) l/;r't,f/ uLlj/;;Y 'cJ/ (/ I I Review: Administration: Finance: RFA-OO 1 Request for Action Page 2 3-24-97 Company Angstrom Analytical, Inc. Legend Technical Services Environmental Property Audits Braun Intertec Applied Environmental Sciences Estimated Total Cost $650.00 $795.00 $795.00 $1,018.00 $1,110.00 Northern Environmental recommends that the work be awarded to the firm with the low quote, Angstrom Analytical. Angstrom Analytical has satisfactorily completed work for the City in the past. The environmental testing will be paid for with EDA and TIF funds. Staff recommends approval of a motion approving the quote submitted by Angstrom Analytical in the amount of $650.00 for environmental testing in the City-owned building at 7528 42nd Avenue. i ! N8J'lII~~~~1 ! I I , March 18, 1997 (BRA210663) :m ~ County Road D Neu 8righton, MN 55112 Fax 1-612.635-0643 1-612.835-MOO 1-8oo-77a.;189 , I ~: Mr. Kirk McDonald City Of New Hope 4401 Xylon Avenue New Hope, Minnesota 55428 RE: Estimated Costs for Asbestos t" mpling and Ught Ballast Identification at Foremost Properly, New Hope, Minnesot I I Dear Mr. McDonald: i i At your request, Northem Environmentiat is pleased to provide cost estimates for the sampling of potential asbestos-containing mate~ltand light ballast identifICation at the Foremost site near Quebec Avenue and 42nd Avenue NOf1Ul in New Hope, Minnesota. , ~ ~ Asbestos Samplin.g ! i I It is our understanding that the building: is scheduled for demolition in the spring of 1997. Prior to demolition, the building must be surveyed for asbestos-eontaining materials, and any friable asbestos-containing materials must beiidentified and reported to the demolition contractor prior to general demolition. For the purpos~ of providing cost estimates, we requested that the contractors assume a total of 25 sampf.es, and to also give unit costs should the amount of sampling be above or below 25 sampl~S. The total cost of asbestos testing will only be known after the on-site work is completed. i I Liaht Ballast Identification I I It is possible that some of the fluore~nt light fixtures contain ballasts containing PCB oils. As a part of the cost estimate, we asked the! contractors to itemize and locate all light ballasts, and to provide a list of those fixtures that are ~~ not to contain PCBs, and a list of those which may contain PCBs. For the purposes of proper disposal, any ballast which potentially contains PCBs will be disposed of as though is was knOwn to contain PCBs. I We have requested five bids for the te$ting, and have received the fotlowing responses from the companies: ! ! , Company Angstrom Analytical, Inc. Legend Technical Services Environmental Property Audits Braun Intertec Applied Environmental Sciences I I ! Based on the bids we received, Northe~n Environmental recommends using Angstrom Analytical, Jne for the testing. This is based on th~ amount of their bid and pastexperienee we understand that the City has had in dealing with thiS firm. ! Estimated Total Cost $650.00 $795.00 $795.00 $1,018.00 $1,110.00 Mi/wat.Ikee · St. Paul I 4'1l- · G1een BaY: t.~ Prllllr.tl on Recvc)c(l ?a!1f:r j 9~1~1~~ ~ In~d 15 l~lN3WNO~InN3 N~3H1~ON 6~:60 66/S1/~0 t:>00d GGS'ON If you have any questions regarding thi~l information, please feel free to call us at 635-9100. Sincerely, Northern Environmental Technolog~Jlncorporatad ~ . Bergs m. cpa Director, Minnesota Operations DYBlnjf c: Jerry Pertzsch, Bonestroo S00d C:C:S"ON 9~"]:S"]:~S f- lnl;;d 15 ll;;lN3"INOCl I ()N3 NCl3H1ClON ~ ~ .!E:60 1.6/s"]:/m 612 829 7273 M~R-17-97 MON ~8:53 At ~NGSTROM ANALYTICAL INC. "2 829 7273 P.1Zl1 1~03 Princeton Avenue Eden Prairie, MN 55347 Office: (612) 941-4805 FAX: (612) 829-7273 ~JJ -061-3 FAX COVER PAGE Date: J/!7ICf7. To: ~ G. tka..6-0' /4rI'-1 < Company: t/()Il7t1t-re.rl' bWVI ~C/'fIJ MDY7 A{ . From: ~-J -('it:; Re: Clt(:( &F 11/lJ.j j;-/-cJf'C ~(OS. ~;4ti;::J + 2{~ ~S-. Lf )0 Number of pages (including cover sheet): 2_ If all pages of this transmission are not received please call (612) 941 4805. Originals to be sent by U.S. Mail? Yes K Full Service l.8boratory and on-slts Industrial Hvglene Services for the Hazardous Material Abatement Industry 612 829 7273 MAR-17-97 MON 08:50 A' ~NGSTROM ANALYTICAL INC. 2 829 7273 P.0l Q~./l:S./G? :tG122 ~~ORTHERH EHV r ROHMt:HTAL SiT PAWL -+ 8297273 NO.775 P002 BULK ASBESTOS AND UGHT e:.ALL~T SURVEY 7528 42NO AVENue f40RTH NEW HOPE, MINNESOTA Honorable City Council City of New Hope 4402 Xylon Avenue North New Hope, Minnesota 55427 ~;Q ~ 03111/9'1 Dear Council Members: The undersigned, having studied the attached descriptien of work. being famHiar with ~II factors and other condftions affecting the worK and cost thereof,. hel'eby proposes to furnish aH labor, tools, materials, skills, eqlJipment and all else necessary to complete the project in accordance with the attached description of work. Item Hourly Rate (Sampling) Analysis Rate (Per SAmple) Bulk Asbestos and Light Ballast Survey $ 3'1- $..15'- All reporting effort should be inch.Jded in unit costs. Estimated Total Cost (estimate 25 ACM samples) $ oS-{J- The final amount of the contract shall be determined by multiplying the final measured quantities of the various iter'nS by the unit priess stated. In submitting this bid It Is understood that the owner retains the right to reject any and aU bids and to waive irregularities and informalities therein and to award the contract in the best interests of the owner, It is understoo<:! that bids may not be withdrawn for a period of 30 days after the date on the bid form. A-t-c CI#de:5 'fYe Printed Name of Signer <<lzj94I 1-~o~ Telephone No. S/17/??' Date c~y City, ~ ~{e- / NN" s.r:rJ7'f? State & Zip Code Angstrom 12203 Princeton Ave. Eden Prairie, MN 5~47 I~ 4401 Xylon Avenue North New Hope, Minnesota 55428-4898 City Hall: 612-531-5100 Police: 612-531-5170 Public Works: 612-533-4823 TOO: 612-531-5109 City Hall Fax: 612-531-5136 Police Fax: 612-531-5174 Public Works Fax: 612-533-7650 Fire Oep't. Fax: 612-531-5175 March 27, 1997 Charles Tye Angstrom Analytical, Inc. 12203 Princeton Avenue Eden Prairie, MN 55347 Subject: Environmental Testing at 7528 42nd Avenue in New Hope Dear Mr. Tye: At the March 24 New Hope City Council meeting, the City Council approved your quote in the amount of $650 for environmental testing to be completed at 7528 42nd Avenue North in New Hope. Listed below are the quotes received: Company Angstrom Analytical, Inc. Legend Technical Services Environmental Property Audits Braun Intertec Applied Environmental Sciences Estimated Total Cost $650.00 $795.00 $795.00 $1,018.00 $1 ,110.00 As you are aware, the City requested that Northern Environmental solicit quotes for this work on behalf of the City. The work includes asbestos sampling and light ballast identification. Asbestos Samplinq This portion of the work will involve surveying the building for asbestos-containing materials, with any friable asbestos-containing materials being identified. The City understands that the total cost of the asbestos testing will only be known after the on-site work is completed. Liqht Ballast Identification This portion of the work involves itemizing and locating all light ballasts and providing a list of those fixtures that are known not to contain PCBs and a list of those which may contain PCBs. If you have any questions about the technical nature of the work, please contact Doug Bergstrom at Northern Environmental (635-9100). The City intends to demolish this building and would like the environmental survey work completed as soon as possible. Please contact Doug Sandstad, New Hope Building Official (531-5119) or me (531-5119) for access to the building. Please send completed reports to my attention at the City of New Hope. Family Styled City ~ For Family living Mr. Charles Tye Page 2 March 27, 1997 If you have any questions, please contact me. Sincerely, ~~\\~~~ Kirk McDonald Management Assistant! Community Development Coordinator cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Mark Hanson, City Engineer Jerry Pertzsch, Bonestroo & Associates Doug Sandstad, Building Official Valerie Leone, City Clerk (Improvement Project No. 595) Doug Bergstrom, Northern Environmental