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Imp. Proj. #671Public Works B'' Guy Johnson June -26 -2000 UA RESOLUTION APPROVING BID AND AW�RDING CONTRACT FOR THE CONSTRUCTION OF PUBLIC WORKS ADDITION AND RENOVATIONS TO HUNERBERG CONSTRUCTION COMPANY (IMPROVEMENT PROJECT NOS. 671 & 679) REQUESTED ACTION Staff recommends that Council review the bids received for the proposed Public Works building addition and renovations. If the base bid and alternates one through four bids are acceptable to the Council, staff recommends awarding a contract to Hunerberg Construction Company in the amount of $894,384.00 for Projects 671 and 679. BACKGROUND The New Hope Public Works Facility was built in 1980 with a 1,800 square foot repair shop. The proposed shop addition will allow staff to move all service work into the expanded repair shop area from the parking garage and outside areas. The improvement has been considered on two other occasions, 1991 and 1997. The Council approved contracts to TSP ONE, Inc., for architectural services and to E &V, Inc., to be the owner's representative for the proposed project on March 13, 2000. Schematic designs were approved March 27, 2000, and the Council approved specifications on May 22, 2000. If a contract is awarded to Hunerberg Construction Company, they are proposing to begin construction the first part of August and substantially complete the project by January 2001. The final layer of asphalt for the repair shop approach, the landscaping, and seal coating the parking and storage lots would be completed late spring or early summer 2001. FUNDING Hunerberg Construction bids: Shop Addition Base Bid $578,000.00 Sprinkler Alternate 1 $ 6,000.00 Garage Ventilation Alternate 2 $ 48,824.00 Garage Roof Alternate 3 $215,560.00 Garage Floor & Drain Alternate 4 $ 46,000.00 Wl I: RFATubworks \671 &679AwardingContract Request For Action Project 671 & 679 Award Contract June 26, 2000 Page 2 Total project cost including estimated administrative costs would be $1,101,913.00. This is approximately three percent under the architect's estimates included in the May 22 Council packet. Shop Addition Base Bid $615.872.00 Sprinkler Alternate 1 $ 9,689.00 Garage Ventilation Alternate 2 $ 82,053.00 Garage Roof Alternate 3 $311,670.00 Garage Floor & Drain Alternate 4 $112,609.00 $1,131,893.00 Figures above include estimated administrative costs. This project was carried over to the 2000 Capital Improvement Program with funding coming from the Central Garage Replacement Fund. ATTACHMENTS Memorandums from the Owner's Representative and the City's Assistant Attorney, a copy of the resolution, and a copy of the bid tab are attached. I: RFA\Pubworks\671 &679AwardingContract RESOLUTION NO 00- 105 ', SOLUTION D CONTRACT FOR E CONSTRUCTIO PUBLIC WORKS DD i RENOVATION IMPROVEMENT i , BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That bids for the construction of the Public Works building addition and renovation, Improvement Nos. 671 and 679 were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11:30 o'clock a.m. on the 15" day of June, 2000, as heretofore authorized by this Council. 2. That advertisement for bids for the construction of said improvement was published in the New Hope - Golden Valley Sun -Post, the official newspaper of the City, on the 31" day of May, 2000, and in The Construction Bulletin on the 26 day of May, 2000. 3. It is hereby found and determined by this Council that the bid of Hunerberg Construction Company for the construction of said projects in the amount of $894,384.00 (Base Bid plus Alternates 1, 2, 3, and 4) is the lowest responsible bid submitted for the construction of said improvement; that TSP One, Inc., Architects and Engineers for the City on said projects, have recommended to this Council the said low bid for the award of the contract for the construction to the designated lowest responsible bid. 4. The Mayor and Manager are authorized and directed to enter into an improvement contract for the construction of said improvement 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 Attest: Valerie Leone, City Clerk 26 day of June 2000. W. Peter Enck, Mayor 5801 Duluth Street Suite 345 Minneapolis, MN 55422 Phone: (612) 545 -1355 Fax: (612) 545 -1346 June 21, 2000 Mr. Guy Johnson City of New Hope 5500 International Parkway New Hope, Minnesota 55428 Re: New Hope Public Works Additions and Renovations Recommendation for Award Dear Mr. Johnson: The bids received on June 15, 2000 for the above referenced project have been tabulated and reviewed. The contract amount is for the base bid plus Alternate Nos. 1, 2, 3, and 4. It is the joint award recommendation of E&V Consultants and Construction Managers and TSP One, Inc. the contract be issued to the following contractor: Hunerberg Construction Company 13705 26`' Ave No., Suite 100 Plymouth, MN 55441 Base Bid Alternate No. I Alternate No. 2 Alternate No. 3 Alternate No. 4 PLM Bond Total Base Contract Amount $578,000.00 $6,000.00 $48,824.00 215,560.00 46,000.00 Included in Base Bid The recommended alternates for the project are as follows: $894,384.00 Alternate No. 1: Fire sprinkler work in existing garage to bring the area to code. Alternate No. 2: Modify parking garage exhaust Alternate No. 3: Roof replacement and associated work. Alternate No. 4: Parking garage floor and drain replacement. Upon approval, TSP One, Inc. will issue the Contract. Very truly yours, E&V CONSULTANTS AND CONSTRUCTION MANAGERS C V ery . Badinger Project Manager MAA cc: Mark Thiede — TSP One, Inc. Gomm I — JENsEN* STEVEN A_SoNDRALL MARTIN P. MALECHA WILLI C. SrRArr fi C. ALDEN PEARsoNt JuuE A. T�ns OF COUNSEL LORENs Q. BRYNESTAD -Real Property Law Spmlaliat Ccrtified By The Minnesota state Bar Association TQuatified ADR Neutral Attorneys At .Law June 21, 2000 Daniel J. Donahue New Hope City Manager 4401 Xylon Avenue North New Hope, MN 55428 8525 ED1NBRooK CROSSING, STE 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 - 5193 e-mail law @jensen- sondrall.com RE: Public Works Addition and Renovation Project Nos. 671 and 679 Our File No. 99.10030 ►m The bids for the Public Works addition and renovation projects have been opened. The low bid is from Hunerberg Construction Company, in the amount of $894,384.00. if the Council wishes to proceed with the projects, the enclosed Resolution awards the contract to Hunerberg Construction and can be passed at the Council meeting on June 26. Please contact me if you have any questions. Sincerely, Martin P. Malecha Assistant City Attorney Enclosure cc: Guy Johnson, Director of Public Works Valerie Leone, City Clerk Kirk McDonald, Director of Community Development Steven A. Sondrall, City Attorney TSP One BID FOR: GENERAL, MECHANICAL AND ELECTRICAL CONSTRUCTION ARCHITECTS & ENGINEE PROJECT: New Hope Public Works Addition & Renovation New Hope, Minnesota 55428 TSP One Project #00701 BID TABULATION DATE: June 15, 2000 11:30 AM ADDENDUM BID SECURITY Fire Garage Sprinkler Exhaust BASE BID Alternate 1 Alternate 2 Roof Alternate 3 Floor & Drains Alternate 4 Unit Price #1 De- watering Unit Price #2 Roof Deck Replace Base Bid & Alt. 1, 2, 3, 4 TOTALS NAME OF BIDDER #1 #2 CM Construction X X Bond 635,000.00 8,000.00 57,000.00 250,000.00 70,000.00 $850 / day $7.50 / SF 1,020,000.00 Gladstone Construction 1= Loeffel Engstrand Corp X X X X Bond ME= Bond 613,455.00 152,000.00 Is= 695,000.00 160,000.00 242,000.00 260,000.00 42,000.00 50,000.00 $900 / Day $1,200 / Day $7.00 / SF $10.00 / SF 1,049,455.00 am 1,165,000.00 Lund - Martin Constructi X X Bond 686,000.00 34,800.00 60,000.00 283,000.00 90,000.00 $850 / day $10.00 / SF 1,153,800.00 Maertens - Brenny X X Bond 550,000.00 25,000.00 63,418.00 255,075.00 43,318.00 $1,000 / Day $6.00 / SF 936,811.00 The Builders X X Bond 656,000.00 7,000.00 70,000.00 240,000.00 102,000.00 $900 / Day $7.00 / SF 1,075,000.00 F AStand and \ExceI\BidTa b.Xls Public Works Facility March 27, 2000 1. Repair Shop Addition $551,132.00 2. Fire Protection Sprinklers (Existing Building) $4,000.00 3. Parking Garage Ventilation $50,000.00 4. Parking Garage Roof $306,735.00 Subtotal: $911,867.00 5. Parking Lot and Storage Lot: a) Storm Pipe Addition b) Asphalt Patching c) Water Quality Pond $80,000.00 6. Seal Coat Parking and Storage Lots $15,000.00 Subtotal: $95,000.00 7. Parking Garage Drains and Concrete Floors $68,000.00 8. Parking Garage (Interior Painting) $54,000.00 Subtotal: $122,000.00 9. Cold Storage Roof Replacement (10 -15 Years) $87,500.00 10. Vehicle Washing System (with water recovery and filtering, 5 -10 years) $10,000.00 11. Salt Storage Building Roof Replacement (15 -20 years) $7,500.00 Subtotal: $105,000.00 12. Irrigation System 13. Security System (Door Key Card System) $5,000.00 $8,000.00 GRAND TOTAL: $1,246,867.00 I: P ubworks\671/679S hopAdtnBreakdown PUBLIC WORKS FACILITY March 27. 2000 1. Shop Addition 2. Sprinkler 3. Garage Ventilation 4. Garage Roof 7. Garage Floor & Drain Base Bid $551,123.00 Alternate 1 $ 4,000.00 Alternate 2 $ 50,000.00 Alternate 3 $306,735.00 Alternate 4 $ 68,000.00 G. • • :. % I:Pubworks \671 /679ShopAdtnBreakdown TO: Steve Sondrall COPY TO: Guy Johnson Valerie Leone FROM: Cheryl Badinger DATE: July 21, 2000 Jensen, Swanson & Sondrall New Hope Public Works (Memo only) City of New Hope (Memo only) E &V Consultants and Construction Managers RE: New Hope Public Works Facility Improvement Projects 671 and 679 Attached are the following contract documents for Hunerberg Construction for the above mentioned project: • 2 — Signed contracts • 2 — Certificate of insurance • 2 — Performance bonds and payment bonds Please review and advise if the documentation is correct. If all is in place, forward to the City for signature. If documents are not correct, please advise. Construction is scheduled to start on August 1 ", therefore we need to have the above in place prior to this date. If you have any questions, feel free to contact me at 763.545.1355. Attachments Fax: 763.545.1346 Telephone: 763.545.13 55 Address: 5801 Duluth Street, Ste 345 Minneapolis, MN 55422 • , 1 01 1 r i Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN P ARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAx (763) 493 -5193 e -mail law@jensen-sondrall.com GORDON L. JENSEN STEVEN A.SONDRALL MARTIN P. MALECHA WILLIAM C. STRAITt C.ALDEN PEARSONt JULIE A. THILL OF COUNSEL LORENSQ.BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral July 25, 2000 Valerie Leone City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: Public Works Addition and Renovation Our File No. 99.11171 Dear Valerie: Enclosed please find two copies of the contract and bonds for the above - referenced project, as well as a fax copy of the certificate of insurance. All are in order from a legal standpoint. You should be receiving the original of the Certificate of Insurance by mail. If you have not received it by day, July 28, please contact me. Be sure to call if you have any questions. Sincerely, t Ear��� Martin P. Malecha Assistant City Attorney cc: Daniel J. Donahue, City Manager Kirk McDonald, Director of Community Development Tom Schuster, Contract Manager Steven A. Sondrall, City Attorney A CQR IFICATE OF LIABILITY I S C E DATE (MWDD/YY) 07/11/2000 PRODUCER Klein Agency, Inc. 3570 N Lexington Ave Ste 206 St Paul, MN 55126 -8058 651-484-6461 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Hunerberg Construction Company 13705 26th Ave. N. Suite 100 Plymouth,MN 55441 INSURERA United Fire & Casualty Company INSURERB: Union Insurance Company INSURERC: Mutual Ins. Corp. of America INSURERD: Northern Ins. Co. of New York INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMlDD POLICY EXPIRATION DATE MM /DD LIMITS GENERAL LIABILITY EACH O CCURRENCE S 1 000, 0 0 0 X CLAIMS MADE FX OCCUR FIRE DAMAGE (Any one fire) $ 100,000 MED EXP (Any one person) $ 5,000 A 60- 054514 8/1/1999 8/1/2000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN AGGREGATE LIMIT APPLIES PER: POUCY PET LOC _ PRODUCTS - COMP /OP AGG $ 2,000,000 AUTOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 500,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS A X HIRED AUTOS X NON -OWNED AUTOS 60-054514 8/l/1999 8/l/2000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO R OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS LIABILITY X OCCUR EI CLAIMS MADE EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 M4876879 8/1/1999 8/1/2000 $ B DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 0 06000 0 29 9 91 8/ 1/ 19 9 9 8/1/2000 X TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 C E L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 D OTHER Builder's ECA 55865183 8/1/1999 8/1/2000 $894,384 Per Site Risk "Special" Limit Form $1,000 Deductible DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Project: New Hope Public Works Addition & Renovation The City of New Hope, E & V Consultants & Construction Managers & TSP One, Inc. are named as additional insureds as per the endorsement attached to the 12 olicy. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of New Hope DATE THEREOF, THE ISSUING INSURER WILL W gR, 4 MMAIL 3 0 DAYS WRITTEN 4401 Xyl on Avenue North NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Z7i New Hope, Minnesota 55428 ACORD 25-S (7/97) 1 _ 0 ACORD CORPORATION 1988 ` Pq Standard • of Agreement • Contractor where the basis of payment is a Stipulated Sum AIA Document A101 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction , is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1962, 1967, 1974, 1977, copyright 1987 the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006 -5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the Twenty Six day of June in the year of Nineteen Kimdfed an Two Thousand BETWEEN the Owner: (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 554428 and the Contractor: (Name and address) Hunerbera Construction Company 13705 26th Avenue North Suite 100 Plymouth, Minnesota 55441 The Project is: (Name and location) New Hope Public Works Building Addition and Renovation 5500 International Parkway New Hope, Minnesota 55428 The Architect is: (Name and address) TSP One, Inc. 21 Water Street Excelsior. Minnesota 55331 The Owner and Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1987 User Document: Al01.DOC -- 6/27/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement, or, if applicable, state that the date will be fixed in a notice to proceed.) Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than January 9, 2001 (Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time) Liquidated damages of $200.00 /Calendar Day. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Eight Hundred Nine Four Thousand, Three Hundred Eighty Four and 00 /100 13ollars ($ 894,384.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) Add Alternate #1 Fire Sprinklers Add Alternate #2 Parking Garage Exhaust Add Alternate #3 Roof Replacement Add Alternate #4 Parking Garage Floor and Drains AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1987 User Document: Al01.DOC -- 6/27/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #2 4.3 Unit prices, if any, are as follows: Unit Price #1: De Watering $1,000.00 per day Unit Price #2. Deck Rep acement $10.00 per square foot ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the Fifteenth day of a month, the Owner shall make payment to the Contractor not later than the last day of the Following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty -Five days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1. Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Five percent (5 %) . Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety -Eve percent ( 95 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1987 User Document: A101.DOC -- 6/27/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #3 amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) N/A ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Should the Owner fail to pay a re uest for payment within 30 days from the date of recommendation of approval by the Architect/Engineer and should he fail to inform the Architect/Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the monthly index of long term United States Bond ice' jl for the month prior to the month in which the obligation is incurred plus an additional 1% per annum. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1987 User Document: A101.DOC -- 6/27/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #4 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated May 22, 2000 and are as follows: Document (Refer to Exhibit A) Title 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Document Title Pages (Refer to Exhibit A) 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Date (Refer to Exhibit B) 9.1.6 The addenda, if any, are as follows: Number Addendum #1 Addendum #2 Date Pages Pages Pages 6/8/00 20 6/13/0 3 Portions of addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. CONTRACTOR p ignatur Hunerberg Construction Company (Printed name and title) AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292, WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101 -1987 User Document: A101.DOC -- 6/27/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #5 EXHIBIT `A' AIA DOCUMENT A101 June 26, 2000 NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION Owner: City of New Hope Contractor: Hunerberg Construction DOCUMENT 00003 TABLE OF CONTENTS 00002 Certifications 00003 Table of Contents 00004 List of Drawings 11, • 00030 Advertisement for Bids 00100 Bidding Requirements 00300 Bid Form CONDITIONS OF THE CONTRACT 00700 General Conditions (AIA Doc A201) TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01026 Unit Prices 01030 Alternates 01039 Coordination and Meetings 01094 Definitions 01150 Cutting and Patching 01300 Submittals 01410 Testing Special Inspection & Testing Schedule 01500 Construction Facilities and Temporary Controls 01630 Product Substitutions 01710 Cleaning 01720 Project Record Documents 01725 Contract Closeout TSP One Project #00701 Exhibit `A -1 DIVISION 2 02110 02120 02210 02225 02230 02315 02318 02720 02740 02770 02800 DIVISION 3 03100 03150 03200 03252 03300 03320 03600 DIVISION 4 04100 04160 04170 04200 DIVISION 5 05100 05200 05300 05410 05500 DIVISION 6 06100 06201 SITE WORK Selective Demolition Sub - Surface Exploration Geotechnical Report (Braun Intertec) Building Earthwork Removals Site Clearing Excavation and Fill Finish Grading Aggregate Base Course Plant Mixed Bituminous Pavements Concrete Curb and Gutter Landscaping CONCRETE Concrete Formwork Concrete Joints Concrete Reinforcement Anchors & Inserts Cast -in -Place Concrete Concrete Floor Patching & Topping Grout MASONRY Mortar Reinforcement Anchors and Inserts Unit Masonry METALS Structural Steel Steel Joists & Joist Girders Metal Decking Cold- formed Metal Framing Metal Fabrications WOOD AND PLASTIC Rough Carpentry Finish Carpentry TSP One Project #00701 Exhibit `A -2 DIVISION 7 THERMAL AND MOISTURE PROTECTION 07210 07255 07270 07510 07615 07800 07900 Building Insulation Spray -on Fireproofing Firestop & Sealants Built -up Bituminous Roofing Sheet Metal Flashing & Trim Roofing Accessories Caulking & Sealants DIVISION 8 DOORS AND WINDOWS 08110 Hollow Metal Doors & Frames 08331 Coiling Fire Door 08360 Overhead Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glass & Glazing DIVISION 9 FINISHES 09111 Metal Framing System for Drywall 09250 Gypsum Drywall 09900 Painting DIVISION 10 SPECIALTIES 10520 Fire Extinguishers & Cabinets 10557 Fire Department Key Box DIVISION 11 EQUIPMENT 11161 11162 DIVISION 15 15010 15100 15250 15300 15400 15500 15800 15900 15990 Platform Lift Bridge Crane MECHANICAL Mechanical Requirements Materials and Methods Insulation Fire Protection Plumbing Heating Ventilation Temperature Control Balancing TSP One Project #00701 Exhibit `A -3 DIVISION 16 ELECTRICAL 16050 Basic Electrical Materials and Methods 16060 Grounding and Bonding 16120 Conductors and Cables 16130 Raceways and Boxes 16140 Wiring Devices 16410 Enclosed Switches and Circuit Breakers 16442 Panelboards 16491 Fuses 16511 Interior Lighting 16721 Fire Alarm TSP One Project #00701 Exhibit `A -4 EXHIBIT `B' AIA DOCUMENT A101 June 26, 2000 NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION Owner: City of New Hope Contractor: Hunerberg Construction GENERAL G -001 Title Sheet CIVIL C1 Existing Site Plan/Survey C2 Grading & Utilities ARCHITECTURAL AS 101 Site Plan, Landscape Plan A001 Demolition Plan A101 Overall Floor Plan & Room Finish Schedule A102 Enlarged Floor Plan A301 Roof Plan A401 Exterior Elevations A501 Building and Wall Sections A601 Details, Door Schedule, Door, Window, Frame & Wall Types A701 Details A702 Details STRUCTURAL S001 Structural General Notes and Schedules S101 Structural Plans & Details 5201 Structural Plans & Details MECHANICAL M001 Symbols, Abbreviations & General Notes P101 Underground Plumbing Demolition Plan P 102 First Floor Plumbing Demolition Plan P201 Underground Plumbing Plan P202 First Floor Plumbing Plan M101 First Floor HVAC Demolition Plan M201 First Floor HVAC Plan M202 Mechanical Roof Plan 17101 Fire Sprinkler Plan ME01 Details & Schedules TSP One Project #00701 Exhibit `B -1' ELECTRICAL E001 Electrical Demolition E002 Electrical Demolition E101 Lighting Plan E201 Power & Communication Plan E202 Power Roof Plan E601 Schedules & Riser Diagram TSP One Project #00701 Exhibit `B -2' Bond #: 08401347 Executed in Duplicate THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Hunerberg Construction Company Fidelity & Deposit Company of MD 13705 26th Avenue North, Suite 100 P.O. Box 1227 Plymouth, MN 55441 Baltimore, MD 21203 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT Date: June 26, 2000 Amount: $894,384.00 Description (Name and Location) BOND Date (Not earlier than Const Amount: $894,384.00, Modifications to this Bond, CONTRACTOR AS PRINCI Company: Hunerberg Cvns New Hope Public Works Building Additions & Renovation, 5500 International Parkway .44�# Hope, MN 55428 O Date): July 11, 2000 Vfl PO or 4 1 Signature: +° Name and Tlt e: 0 John J. Hunerberg, President (Any additional signatures appear on page 3) None SURETY See Page 3 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or KLEIN AalrNC'a'°, N(.. =. other party): 5570 N. t- exington Avo. ' 3t, pjui, MN 55126 (651) 84-6461 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, . the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Suretv in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 'Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the.Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner 'and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. S If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner underthe Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non- perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ,A THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form 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 Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. - AIA CR THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING • MARCH 1987 Bond #: 08401347 Executed in Duplicate THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural Where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Hunerberg Construction Company Fidelity & Deposit Company of MD 13705 26th Avenue North, Suite 100 P.O. Box 1227 Plymouth, MN 55441 Baltimore, MD 21203 OWNER (Name and Address): City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CONSTRUCTION CONTRACT Date: June 26, 2000 Amount: $894,384.00 Description (Name and Location): New Hope Public Works Building Additions & Renovation, 5500 International Parkway BOND New Hope, MN 55428 Date (Not earlier than Construction Contract Date): July 11, 2000 Amount: $894,384.00 Modifications to this Bond: EXNone ❑ See Page 6 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Hunerbe ons uc =nCompany l Signature Name and Itle: John J. Hunerberg, President (Any additional signatures appear on page 6) Signature: Name and T41 John C. Klein, Attorney –In –Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or KLEIN AGENCY, INC, other party): 3570 N, Lexington Ave. 3t, Paul, MN 55126 { 51) 484 -6461 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,'subject to the Owner's prior- ity to use the.funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as ,a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 6 THIRD PRINTING • MARCH 1987 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGEMENT STATE OF COUNTY OF On this personally appeared to me know to be the person bond, and acknowledged that act and deed. described in and who executed the forgoing he executed the same as free CORPORATION ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF Ramsey On this 11 day of , before me day of Jul Notary Public 2000 , before me personally came John J. Hunerberg to me known, who being by me duly sworn, did depose and say; that he is the President of Hunerberg Construction Company , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; axed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. ANNE T, BUSHOR Notary Public ,s NOTARY PUBLIG - MINNESOTA My Gommissian Expires Jan. 31,200 05 , SURETY ACKNOWLEDGMENT STATE OF MTNNESOTA COUNTY OF Ramsey On this I I day of July , 2000 , before me appeared John C. Klein to me personally known, who, being duly sworn, did say that he is the Attorney -In -Fact of Fidelity & Deposit Company of 1AD of Baltimore, MD that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as pany. ANNE T. BUSHOR - "� NOTARY PUBLIC MINNESOTA Notary Public My Commission Expires Jan. 31, 2005 VI a' 5 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND 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 and appoint John D. Klein, John C. Klein and Stephen M. Klein, al of St. Paul, Minneso a, EACH.- . ......... ...................... its true and Famful agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings.... /. A nd e execution of such bonds or undertakings in I amply, to all intents and purposes, as if they had been at its office in Baltimore, Md., in their own proper behalf of Frank H. Klein, etal d The said Assistant Secretary does hereby ce 2, of the By -Laws of said Company, and is IN WITNESS WHEREOF, the said Vice Corporate Seal of the said FIDELITY D G - ---- - - - - -- July--------- - - - - -- A. D. 19 s> Y FID AND ATTEST: �oS£AL�� o at STATE OF MARYLAND COUNTY OF BALTIMORE ( SS: By Vice On thi ... 27th --- day of____July-------------- A.D. 19_13, 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. j ______'__ _____ __ ___ __ -- ---- — ---- — uRUC �. CAROL J. FADER Notary Public qEC� My Commission Expires -------- — -------- August 1 _1996------ _ - - - -- CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY 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 DEPOSIT 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 --- 1.1 t h day of__J p ly-------------------- - - - - -- 20..00 L1428c 184 -8852 on its behalf as surety, and as its act and deed: of these s, shall be as binding upon said Company, as fully and P ecuted an wledged by the regularly elected officers of the Company s . This r of attorney revokes that issued on I Novett 2 1 , 199 1 . extras *orth on the reverse side hereof is a true copy of Article VI, Section force. `� an�ant Secretary have hereunto subscribed their names and affixed the CO OF MARYLAND this--------------- - - - - -- 27th - -------- - - - - -- -day of COMPANY OF MARYLAND ------------------------ - - - - -- - --- - - - - -- - -- -8�-�. -- - - - -- -- Assistant Secretary originating Department Approved for Agenda Public Works November 000 BY: Guy Johnson Ag enda Section Consent Item No. 6.11 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE PUBLIC WORKS ADDITION AND RENOVATIONS (PROJECTS 671 & 679) REQUESTED ACTION Staff is recommending that the Council approve Change Order No. 1 for the Public Works addition and renovation project, in the amount of $46,238.00, to Hunerberg Construction Company. BACKGROUND Change Order No. 1 represents compensation for additional work in eight areas of the project and credits in two areas. These changes are as follows: 1. A Code issue required relocating a gas vent pipe for a hot water heater. 2. Two sand pits were redesigned for structural issues. 3. Code issue required existing outlets in repair shop to be ground fault (GIF) 4. In order to eliminate the cost of temporarily relocating the Public Works communication lines (computer, phone, etc.) a change in the dimension of some steel bar joist was necessary. 5. A trench floor drain needed to be replaced after it was damaged by a Public Works vendor making a delivery. The Vendor's insurance has reimbursed the City. 6. A code issue required that the upper mezzanine double doors be fire rated. 7. Replacement of existing in- ground hoist with new in- ground hoist. $627.00 $960.00 $259.00 $503.00 $2,448.00 $2,657.00 $9,355.00 The parts and labor to repair the existing hoist would greater than half the cost of a new in- ground floor hoist. Also, code requirements for reinstalling the existing hoist would require an additional $6,100.00 for an explosive proof sump pump and some plumbing issues. (New self- contained in- ground hoist does not require a sump pump.) its m� l I:RFA \Pworks \671 ChangeOrder1 Request For Action Improvement Projects 671 & 679 November 13, 2000 Page 2 8. Credit for not reinstalling existing in- ground hoist. <$1,196.00> 9. Credit for not needing to fire proof a steel beam in the ceiling of the office space. <$333.00> Sub -Total $15,280.00 10. Additional labor cost for code issue requiring the replacement of the heat in parking garage. $30,958.00 Total $46,238.00 In addition to the $30,958 labor cost change to the Hunerberg contract, staff is recommending approval of a bid for the materials from Energy Sales, Inc. for $30,572 (Applicable taxes not included) on a separate "Request For Action ". With the City purchasing the materials directly from Energy Sales, the total cost for replacing the parking garage heating system is reduced to $61,530 from earlier estimates of $77,000 to $80,000. FUNDING This project has been carried over to the 2000 Capital Improvement Program with funding coming from the Central Garage Fund. ATTACHMENTS Change Order No. 1 and the resolution are attached. CITY OF NEW HOPE RESOLUTION NO. 00- 156 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE PUBLIC WORKS ADDITION AND RENOVATIONS (IMPROVEMENT PROJECT 671 & 679) AUTHORIZING THE CITY MANAGER TO SIGN WHEREAS, the City has entered into a contract with Hunerbrg Construction Company for the addition to and renovations of the Public Works facility; and, WHEREAS, during the course of construction, modifications have been made to the approved plans and specifications to address existing field situations and conditions; and, WHEREAS, the City has received a cost proposal from Hunerberg Construction Company to modify the terms of the contract to address the field conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves Change Order No. 1 in the amount of $46,238.00. 2. That the City Manager is authorized to sign Change Order No. 1 to the contract with Hunerberg Construction Company. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 13 day of November 2000. Attest: f Q l if ' 4D I-C City Clerk Mayor 1: rfa/Pubworks/671 &679 Resolution C 0 #1 Chan Ord R • ME THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: (name, address) New Hope Public Works Building Addition and Renovation New Hope, MN TO CONTRACTOR: (name, address) Hunerbere Construction Comnan 13705 - 26th Avenue North Plymouth, MN 55441 The Contract is changed as follows: See Attachment "A ". Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) nW was $ 894,384.00 Net change by previously authorized Change Orders $ 0 The (Contract Sum) prior to this Change Order was $ 894,384.00 The (Contract Sum) will be (increased) {tkcrcasrt ft ehwrgee� by this Change Order in the amount of $ 46,238.00 The new (Contract Sum) i@@�l including this Change Oder will be $ 940,622.00 The Contract Time will bed by ( days % The Date of Substantial Completion as of the date of this Change Order therefore i NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. CHANGE ORDER NUMBER: 1 DATE: November 6, 2000 ARCHITECT'S PROJECT NO: 00701 CONTRACT DATE: June 26, 2000 CONTRACT FOR: General Construction OWNER [ X ARCHITECT [X CONTRACTOR [X FIELD [ OTHER [ ) TSP One, Inc. Hunerberg Construction Company City of New Hope DATE: November 6, 200 0 Address 13705 - 26th Avenue North Pivmo MN 41 i BY DATE: Address 4401 Xylon Ave. N. New Home 5 42 BY: , `r" DATE: 11- d-9- a AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format - G701 -1987 User Document: CO #LDOC -- 11/6/2000. ALA License Number 101129, which expires on 12/712001 -- Page #1 New Hope Public Works Building Addition and Renovation TSP Project # 00701 Type No. Type Amount Proposal Request #1 Add 503.00 Proposal Request #2 Add (333.00) Proposal Request #3 Add 2,657.00 Proposal Request #4 Add 259.00 Architect's Supplemental Instruction #1 Add 960.00 Hunerberg Change Request #3 Add 2,448.00 Hunerberg Change Request #4 Add 627.00 Hunerberg Change Request #5 Add 30,958.00 Hunerberg Change Request #9 Add 8,159.00 Total Change Order # 1 S 46,238.00 COUNCIL I:RFATubworks \671 Hunerberg Change Order #2 REQUEST FOR ACTION 2�� H 0 Originating Department Approved for Agenda Agenda Section Ordinances & Public Works February 26, 2001 Resolutions Item No. By: Guy Johnson, Director By: 10.1 RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT (CITY PROJECT NO. 671 & 679) REQUESTED ACTION Staff is recommending that the Council authorize a change order that increases the Hunerberg Construction Company contract by $6,559.00. BACKGROUND On June 26, 2000, the City Council approved a contract with Hunerberg Construction Company for a building addition and the renovation of the New Hope Public Works Facility. The original contract amount was $894,384.00. A previous Change Order approved on November 13, 2000 caused the revision in the contract amount to $940,622.00 This change order includes three separate items. During the shop drawing review process it was determined that extra miscellaneous equipment was required for proper installation of the platform lift. These items include explosion proof fittings and cables for the lift control box and additional steel plates in the floor at the ends of the lift. The price of these modifications is $1,645.00. The mechanical drawings refer to drawings of existing fire protections in the Public Works Facility. These drawings were not available and the contractor was required to perform field verification in order to create shop drawings. The price for this work and the preparation of the shop drawings is $1,154.00. These drawings will be supplied to the city at the end of the project. Finally, soil corrections were required in three separate locations, including water problems in the areas of the exterior footings and a column pier. The unacceptable soil was found and replaced at a cost of $3,760.00, bringing the total amount of Change Order No. 2 to $6,559.00. The new revised contract amount will be $947,181.00 FUNDING The project was approved in the 2000 Capital Improvement Program with funding coming from the Central Garage Fund. ATTACHMENTS Copies of the memorandum from TSP One (The project architect), Change Order No. 2, and the resolution are attached. MOTION BY ` _ " } t_ / SECOND BY d A L I:RFATubworks \671 Hunerberg Change Order #2 CITY OF NEW HOPE RESOLUTION NO. 01 - RESOLUTION APPROVING CHANGE ORDER NO. 2 TO THE CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT. (IMPROVEMENT PROJECT 671 & 679) WHEREAS, The City has entered into a contract with Hunerberg Construction Company for the New Hope Public Works Building Addition and Renovation; and WHEREAS, During the shop drawing review process it was determined that extra miscellaneous equipment was required for proper installation of the platform lift. These items include explosion proof fittings and cables for the lift control box and additional steel plates in the floor at the ends of the lift; and WHEREAS, certain shop drawings were not available and the contractor was required for field verification in order to create shop drawings; and WHEREAS, during construction it was determined that soil corrections would be required in three separate locations; and WHEREAS, the City has received a cost proposal from Hunerberg Construction Company to modify the terms of the contract to address these changes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves Change Order No. 2 to the contract with Hunerberg Construction Company, in the amount of $6,559.00. 2. That the City Manager is authorized to sign Change Order No. 2 to the contract with Hunerberg Construction Company. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 26 day of Februarv. 2001. Attest: /Vj— e City Clerk Mayor I:RFA\Pubworks \671 Hunerberg Change Order #2 February 19, 2001 TSP One, Inc. 21 Water Street Excelsior. MN 55331 phone (952) 474 -3291 fax (952) 474 -3928 www.teamtsp.com Cheryl Badinger E & V Consultants 5801 Duluth Street Suite 345 Minneapolis, MN 55422 RE: New Hope Public Works Building TSP One # 00701 Addition and Renovation Architecture Engineering Dear Cheryl, Interior Design The following are brief explanations for each item listed in Change Order #2. Offices in Minneapolis 1. Proposal Request #9: During the shop drawing review process it was and Rochester, MN determined that extra miscellaneous equipment is required for proper installation of the platform lift. These items include explosion proof fittings and cables for the lift control box; (2) additional underground conduits; additional steel plates in the floor at the ends of the lift. 2. Hunerberg Change Request #10: The mechanical drawings instruct the contractor to refer to drawings provided by the city to assist in preparing fire protection shop drawings. The drawings are not available and the contractor was required to perform field verification in order to create shop drawings. 3. Hunerberg Change Request #14: Soils corrections had to take place in (3) separate locations. One was at the location where the new building connects with the existing. Water was running into the trench from the existing building and therefore saturated soils had to be replaced. Soils also had to be replaced inside the garage area where a manhole plate and cover was located. Lastly, during excavations for a column pier unacceptable soil was found and had to be replaced. If you need additional explanation please do not hesitate to contact me. AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Fort Collins, CO Marshalltown, IA Rapid City, SD Sioux Falls, SO Sheridan, WY TSP One Inc. 4 Mark Thiede Copies: File An Equal Opportunity, Affirmative Action Employer AIA D Electr • CHANGE ORDER NUMBER: Two( 2 ) DATE: February 19, 2001 ARCHITECT'S PROJECT NO: 00701 CONTRACT DATE: June 26, 2000 CONTRACT FOR: General Construction THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: (name, address) New Hope Public Works Building Addition and Renovation New Hope, MN TO CONTRACTOR: (name, address) Hunerberiz Construction Comnan 13705 - 26th Avenue North Plymouth, MN 55441 The Contract is changed as follows: See Attachment "A ". Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) ( ) was $ 894,384.00 Net change by previously authorized Change Orders $- 46,238.00 The (Contract Sum) (Guamiiteed NlagiftffHm Wiee) prior to this Change Order was $ 940,622.00 The (Contract Sum) ( ) will be (increased) (deereas ( "ate ) by this Change Order in the amount of $ 6,559.00 The new (Contract Sum) ( Goat ff*° °a Nl Pr-iee including this Change Order will be $ 947,181.00 The Contract Time will be (iner -e sed) (deer-ease (unchanged) by ( 0 ) days. The Date of Substantial Completion as of the date of this Change Order therefore is February 19, 2001 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. TSP One, Inc. Hunerberg Construction Company City of New Hope Address 21 Water Street Excelsio 55331 BY: `,J Address 13705 - 26th Avenue North P1 DATE: �2421 /o i OWNER [ X 1 ARCHITECT [ X ] CONTRACTOR [X FIELD [ OTHER [ DATE: rq -- ,;� 6— () f AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA - COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format - G701 -1987 User Document: CO #2.DOC -- 2/19/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #1 New Hope Public Works Building Addition and Renovation TSP Project # 00701 Type No. Type Amount Proposal Request #9 Add 1,645.00 Hunerberg Change Request #10 Add 1,154.00 Hunerberg Change Request #14 Add 3,760.00 Total Change Order # 2 $ 6,559.00 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www. ci. n e w -hope. mn. us February 27, 2001 Hunerberg Construction Company 13705 26 Avenue North Plymouth, MN 55441 City Hall: 763 - 531 -5100 Police: 763 -531 -5170 Public Works: 763- 533 -4823 TDD: 763 - 531 -5109 Subject: Change Order No. 2 — Project Nos. 671 and 679 City Hall Fax: 763 - 531 -5136 Police Fax: 763 -531 -5174 Public Works Fax: 763 - 533 -7650 Enclosed is a fully executed change order for the building addition and the renovation of the New Hope Public Works Facility. This change order was approved by the New Hope City Council at its meeting of February 26, 2001. The total amount of the change order is $6,559. Sincerely, n Valerie Leone, CMC City Clerk Enc. cc: Cheryl Badinger, E &V Consultants Mark Thiede, TSP One, Inc. Guy Johnson, Director of Public Works Family Styled City � For Family Living COUNCIL G�� Y 0 REQUEST FOR ACTION 2�� H 0 Originating Department Approved for Agenda Agenda Section Public Works January 8, 2001 Consent _. Item No. By: Guy Johnson, Director By: 6.19 RESOLUTION AUTHORIZING CHANGE ORDER TO TSP ONE ARCHITECTURAL CONTRACT BY INCREASING CONTRACT AMOUNT (CITY PROJECT NO. 671) REQUESTED ACTION Staff is recommending that the Council authorize a change order that increases the TSP One, Inc. contract by $31,800. BACKGROUND The Council authorized a contract with TSP One, Inc. to provide architectural and engineering services to the City during the Public Works building addition and renovation project. The original contract was for the repair garage addition and the re- roofing of the parking garage with an estimated project cost of $598,000. The Council approved additional work (parking garage ventilation, parking garage floor, fire sprinklers, etc.) for the project and awarded the contract on June 26, 2000. Using the actual bid amounts for the original project and additional work, and allowing for some contingency cost, the project cost approved was $939,863. The $31,800 change order to the TSP One, Inc. contract is for the additional services that are necessary for the additional construction value of $341,863. This additional fee amount requested has been reviewed by staff and E & V Consultants, the City's Owners Representative, and is recommended as just compensation for TSP One, Inc. FUNDING The project was approved in the 2000 Capital Improvement Program with funding coming from the Central Garage Fund. ATTACHMENTS Copies of the resolution, a memorandum from TSP One, and the City Attorney's cover letter are attached. MOTION BY f k SECOND BY TO: 1: RFA%Pubworks1671TSPChangeOrder RESOLUTION NO. 2001- 12 PROJECT TO TSP ONE ARCHITECTURAL CONTRACT BY INCREASING CONTRACT AMOUNT CITY BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City entered into a February 14, 2000 Contract with TSP One, Inc. (hereafter TSP) for the renovation and re- roofing of the New Hope Public Works Building at 5500 International Parkway, and WHEREAS, the original project consisted of the construction of an 1800 square foot addition to the building, remodeling of the existing building and the removal and replacement of the existing 26,644 square foot roof, and WHEREAS, the February 14, 2000 Contract established an $90,300.00 base price for the architectural services provided by TSP, based on an estimated $598,000.00 project cost, and WHEREAS, the actual project cost was $939,863.00, or $341,863.00 more than the estimate due to an expansion of the project's scope that included installation and repair of five sprinklers, parking garage ventilation, garage floor renovations and overall increased construction costs, and WHEREAS, due to the expanded scope of the project, TSP was required to provide additional architectural services the cost of which has been estimated by the Public Works Director and the City's Construction Manager, E & V Consultants, to be $31,800.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the change in the scope of work connected with City Project No. 671 has resulted in the need for TSP One, Inc. to provide additional architectural services to complete said project as described above. 2. That an amount of $31,800.00 has been recommended as just compensation to TSP for said additional services and the payment of said amount to TSP is hereby approved and directed to be made in addition to the base compensation stated in the February 14, 2000 contract and any other payments previously paid to TSP One, Inc. -1- Dated the 8` day of January, 2001. W. Peter Enck, Mayor Attest: L e Valerie Leone, City Clerk P :Wtcmey\SAS\Documeots\resoludon approving co to TSP coutiact.wpd -2- • , , c' C GORDON L. JENSEN STEVEN A.SONDRALL WILLIAM C. STRAITf C. ALDEN PEARSONt NICOLE M. RITLAND OF COUNSEL LoRENS Q.BRYNESTAD *Rco Property Law Specialist Certified By The Minnesota State Bar Association tQaatified ADR Neutral Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TFLEFAx (763) 493 -5193 e-mail law @j ensen- sondrall.com December 27, 2000 Guy Johnson New Hope Public Works Director 5500 International Parkway New Hope, MN 55428 Re: TSP One, Inc. Architectural Contract/Public Works Building Renovation and Addition Our File No.: 99.10030 Dear Guy: Please find enclosed a proposed Resolution Authorizing Change Order To Tsp One Architectural Contract By Increasing Contract Amount for consideration at the January 8, 2001 Council Meeting. This Resolution is provided per your recent fax and the attached October 16, 2000 letter from TSP's President, Bertil Haglund to Cheryl Badinger of E & V Consultants (copy also enclosed). Pursuant to the attached October 16 letter, the enclosed Resolution proposes an increase in the contract price of $31,8000 for the work TSP provided to the City for renovation of the Public Works Building. Please contact me if you have any questions or comments concerning this Resolution. Very truly yours, Steven A. Sondrall New Hope City Attorney JENSEN & SONDRALL, P.A. Enclosures cc: Dan Donahue (w /enc.) Valerie Leone (w /enc.) CNH10030- 001- 10hson -- -I>d October 16, 2000 TSP One, Inc. 21 Water Street Excelsior, MN 55331 Cheryl Badinger E & V Consultants and Construction Managers 5801 Duluth Street Suite 345 Minneapolis, Minnesota 55422 phone (612) 474 -3291 Re: New Hope Public Works TSP Pjt #00701 fax (612) 474 -3928 Addition & Renovation D ear Cheryl, Architecture Amount Engineering On July 14, 2000 I submitted a letter regarding fees for additional Interior Design services. Shortly thereafter, we met and agreed that fees would be based 2. on actual construction value instead of our previous estimates. Actual Offices in Minneapolis construction value is equal to the bid amount plus a construction and Rochester. MN contingency. This letter revises the fee amounts accordingly. In summary, the scope of the project has increased as follows. The bid amounts are those submitted by Hunerberg Construction_ The construction contingency is taken from your budget worksheet of June 21,2000. Additional Construction Value .... .......................$341,863 We propose that our contract be amended to increase our fees in the amount o $31,800 or this additional work. Please have the City prepare an amendment to reflect this additional fee. If you have any questions, please give me a call. TSP ONE, INC. AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Bertil E. Haglund, AIA Rapid City, SD Sioux Falls. SD Architect/Principal Sheridan, WY BH:bh cc: Guy Johnson, Director of Public Works An Equal Opportunity, Affirmative Action Employer Original Bid Budget Amount 1. Repair Garage Addition $337,000 $578,000 2. Parking Garage Re- roofing $261,000 $215,560 3. Fire Sprinklers and Repairs $ -0- $6,000 4. Parking Garage Ventilation $ -0- $48,824 5 Parking Garage Floor Renovations $ -0- $46,000 Subtotal $598,000 $894,384 Contingency $ -0- $45,479 Total $598,000 $939,863 Additional Construction Value .... .......................$341,863 We propose that our contract be amended to increase our fees in the amount o $31,800 or this additional work. Please have the City prepare an amendment to reflect this additional fee. If you have any questions, please give me a call. TSP ONE, INC. AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Bertil E. Haglund, AIA Rapid City, SD Sioux Falls. SD Architect/Principal Sheridan, WY BH:bh cc: Guy Johnson, Director of Public Works An Equal Opportunity, Affirmative Action Employer TSP One, Inc. 21 Water Street Excelsior, MN 55331 DATE: January 8, 2001 phone (612) 474 -3291 TO: Guy Johnson fax (612) 474 -3928 City of New Hope 5500 International Parkway New Hope, Minnesota 55428 Architecture Engineering RE: New Hope Public Works Building Addition TSP One # 00701 Interior Design Offices in le1inneapolis WE ARE SENDING YOU: (X) HEREWITH O UNDER SEPARATE COVER and Rochester, MN FOR YOUR: ( ) USE ( ) FILES ( ) INFORMATION (X )APPROVAL QTY DATE DESCRIPTION 1 1/3/01 Professional Services Supplement 1 10/16/00 Copy of a letter to E & V regarding fees REMARKS: AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Rapid City, SD Sioux Falls, SD Sheridan, WY ( X ) MAIL ( ) MESSENGER (3 HR.) ( ) EXPRESS MESSENGER ( ) UPS ( ) HAND DELIVER ( ) MODEM An Equal Opportunity, Affirmatwe Action Employer P rofessi ona l i i AIA Document 6604 - Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. In accordance with the AGREEMENT dated: February 14, 2000 BETWEEN: City of New Hope and: TSP One, Inc. for the Project: (Insert Project name and address as it appears in the Agreement.) Public Works 5500 International Parkway New Hope, MN 55428 Building Addition and Renovation Reroofing [ X] authorization is {.+egee*ed� (given) (strike one) [ ] to proceed with Additional Services [ X] to proceed with revised scope of Basic Services [ ] to incur Reimbursable Expenses ♦' [ ] notification is made [ ] of the need to proceed with Contingent Additional services [ ] of the need for other services AS FOLLOWS: Insert A: See attached letter dated October 16. 2000 The following adjustments shall be made to compensation and time. Compensation: (Insert provisions in accordance with the Agreement, or as otherwise agreed by the parties) Original Basic Services Fee $90,300.00 Fee Adjustment $31,800.00 New Basic Services ee $122,100.00 AIA DOCUMENT G604 - PROFESSIONAL SERVICES SUPPLEMENT - AIA - COPYRIGHT 1993 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G604 - 1993 User Document: G604.DOC -- 1/3/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #1 Time (Insert provisions covering time of commencement and completion of authorized services as applicable) Not Applicable Prompt written notice is required if the services indicated are not needed. SUBMITTED BY: AUTHORIZATION IS GIVEN or NOTIFICATION IS 0 LEDGE BY: X , /Z (Signature) Bin ed na me H an l u i e � AIA Vice President f (Signature ) (Date) January 3, 2001 (Printed name and title) AIA DOCUMENT G604 - PROFESSIONAL SERVICES SUPPLEMENT - AIA - COPYRIGHT 1993 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006 -5292. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G604 - 1993 User Document: G604.DOC -- 1/3/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #2 TSP One, Inc. 21 Water Street Excelsior, MN 55331 phone (612) 474 -3291 fax (612) 474 -3928 October 16, 2000 Cheryl Badinger E & V Consultants and Construction Managers 5801 Duluth Street Suite 345 Minneapolis, Minnesota 55422 Re: New Hope Public Works Addition & Renovation TSP Pit #00701 D Architecture ear Cheryl, Engineering Interior Design On July 14, 2000 I submitted a letter regarding fees for additional services. Shortly thereafter, we met and agreed that fees would be based on actual construction value instead of our previous estimates. Actual Offices in Minneapolis construction value is equal to the bid amount plus a construction and Rochester, MN contingency. This letter revises the fee amounts accordingly. In summary, the scope of the project has increased as follows. The bid amounts are those submitted by Hunerberg Construction. The construction contingency is taken from your budget worksheet of June 21,2000. Additional Construction Value .... .......................$341,863 We propose that our contract be amended to increase our fees in the amount of $31,800 for this additional work. Please have the City prepare an amendment to reflect this additional fee. If you have any questions, please give me a call. TSP ONE, INC. Original Bid Minneapolis, MN ^, Budget Amount 1. Repair Garage Addition $337,000 $57800 2. Parking Garage Re- roofing $261,000 $215 3. Fire Sprinklers and Repairs $ -0- $6,000 4. Parking Garage Ventilation $ -0- $48,824 5. Parkins Garage Floor Renovations $ -0- $46,000 Subtotal $598,000 $894,384 C_ ontingency $ -0- $45,479 Total $598,000 $939,863 Additional Construction Value .... .......................$341,863 We propose that our contract be amended to increase our fees in the amount of $31,800 for this additional work. Please have the City prepare an amendment to reflect this additional fee. If you have any questions, please give me a call. cc: Guy Johnson, Director of Public Works An Equal Opportunity, Affirmative Action Employer TSP ONE, INC. AFFILIATED OFFICES Minneapolis, MN ^, Rochester, MN Denver, CO Marshalltown, IA Bertil E. Haglund, Rapid City, SD Sioux Falls, SD Architect/Principal Sheridan, WY BH:bh cc: Guy Johnson, Director of Public Works An Equal Opportunity, Affirmative Action Employer 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www. ci. ne w -hope. mn, us January 16, 2001 Mr. Mark Thiede TSP One, Inc. 21 Water Street Excelsior, MN 55331 Dear Mark: City Hall: 763 - 531 -5100 Police: 763 - 531 -5170 Public Works: 763 - 533 -4823 TDD: 763 - 531 -5109 City Hall Fax: 763 -531 -5136 Police Fax: 763 -531 -5174 Public Works Fax: 763 - 533 -7650 Enclosed is a fully executed change order for the public works building addition and renovation (Improvement Project No. 671). This was approved by the New Hope City Council at its meeting of January 8, 2001. The $31,800 change order increases the services fee to $122,100. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Cheryl Badinger, E &V Consultants Guy Johnson, Director of Public Works Family Styled City f� /// ��� For Family Living Y COUNCIL Y O� Originating Department I' • • • Approved for Agenda I Agenda Section Public Works I June 24, 2002 , Consent By: Guy Johnson, Director Item No. By. F 6.11 RESOLUTION AUTHORIZING CHANGE ORDER NO. 3 TO THE CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT (CITY PROJECT NO. 671 & 679) REQUESTED ACTION Staff is recommending that the Council authorize a change order that decreases the Hunerberg Construction Company contract by $1,213.00. BACKGROUND On June 26, 2000, the City Council approved a contract with Hunerberg Construction Company for a building addition and the renovation of the New Hope Public Works Facility. The original contract amount was $894,384.00. Two previous Change Orders approved by the Council on November 13, 2000 and February 26, 2001 caused the revision in the contract amount to $947,181.00 Change Order No. 3 represents compensation for additional work in ten areas of the project and credits in two areas. These changes are as follows: 1. A Code issue required disconnects at the city's welder outlets. $432.00 2. The concrete floors that were removed during demolition were up to 12 inches thick instead of the normal 5 to 7 inches. $3,054.00 3. Finished end cap cement blocks for two walls in the repair shop that were not called out on the blue prints. $1,376.00 4. General contractors mark up on work that their utility subcontractor completed for Public Works. (While relocating Public Works water service, buildings main gate valve in the street failed.) $200.00 MOTION BY TO: SECOND BY I:RFATubworks \671 -679\ Hunerberg Change Order #3 RFA, Page 2 Change Order Project 671 June 24, 2002 5. Code issue required that a light switch in the electrical room be relocated. $167.00 6. Installation of additional air lines in the repair shop for staff. $299.00 7. After reviewing the condition of the existing fire protection riser couplings and valves, fire protection contractor and fire inspector recommended replacing. $3,311.00 8. Code issue requiring GFI outlets in garage. $144.00 9. Costs for de- watering ground water on site during construction excavations. $3,625.00 10. Required corrections to the building's roof. After the installation of the new roof, it was determined that there are three low spots in the building's existing metal roof decking. In order to drain the water, it will require corrections to the insulation thickness of the new roof at these locations. These corrections are necessary in order to secure the warranty from the roofing materials manufacturer. $7,147.00 11. Credit to reimburse the city for fees paid to JR Optics for sanitary sewer televising. <$968.00> 12. Liquidated Damages charged to contractor. <$20,000.00> Total Change Order Credit <$1,213.00> The new revised contract amount will be lowered from $947,181.00 to $945,968.00. FUNDING The project was approved in the 2000 Capital Improvement Program with funding coming from the Central Garage Fund. ATTACHMENTS Copies of Change Order No. 3 and Attachment `A' from TSP One (Project Architect), and the resolution are attached. CITY OF NEW HOPE RESOLUTION NO. 02- 103 RESOLUTION APPROVING CHANGE ORDER NO. 3 TO THE CONTRACT WITH HUNERBERG CONSTRUCTION COMPANY FOR THE NEW HOPE PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT. (IMPROVEMENT PROJECT 671 & 679) WHEREAS, The City has entered into a contract with Hunerberg Construction Company for the New Hope Public Works Building Addition and Renovation, and WHEREAS, The City and Hunerberg have negotiated the final changes to the contract represented by those items listed on "Attachment A" attached hereto, and WHEREAS, Attachment A indicates ten areas of additional work for which additional compensation is due Hunerberg and two areas for which the City is receiving a credit to the contract price, and WHEREAS, The net result to the contract price due to Change Order No. 3 is a reduction to the contract price of $1,213.00, and WHEREAS, The original contract price and two previously agreed to change orders established the revised contract price at $947,181.00 and that Change Order No. 3 will reduce the contract price to $945,968.00, and WHEREAS, Hunerberg has agreed to Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope, Hennepin County, Minnesota: 1. That the City Council hereby approves Change Order No. 3 to the contract with Hunerberg Construction Company, reducing the contract amount by $1,213.00 to $945,968.00. 2. That the City Manager is authorized to sign Change Order No. 3 to the contract with Hunerberg Construction Company. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota this 24` day of June, 2002. , Attest: c Valerie Leone, City Clerk � W. Peter Enck, Mayor 1: RFA \Pubworks1671-679 \671 HunerbergChangeOrder #3Resolution New Hope Public Works Building Addition and Renovation TSP Project # 00701 Type Description No. Type Amount Proposal Request disconnect at welder outlets 11 911 Add 432.00 Hunerberg Change Request removal of thicker concrete slab #13 Add 3,054.00 Hunerberg Change Request cmu end caps at east and west wall #16 Add 1,376.00 Hunerberg Change Request O &P for main gate valve #18 Add 20x.00 Hunerberg C hange Request move light switch in elec. Room #19 Add 167.00 Hunerberg Change Request install additional air lines #24 Add 299.00 Hunerberg Change Request fire protection riser couplings, valves #25 Add 3,311.00 Hunerberg Change Request GFI outlets in garage #26 Add 144.00 Hunerberg Change Request water removal from excavations 927 Add 3,625.00 Owner Change Request bill from JR Optics for sewer line #1 Deduct (968.00) Liquidated Damages Deduct (20,000.00) Proposal Request Roofing Corrections Add 7,147.00 Total Change Order # 3 $ (1,213.00) Note: Final Payment/ Close -out on Contract Direct payment to Commercial Roofing in the amount of $7,147.00 2000 Edition - Electronic Format AIA Document G701— 2000 Change Order PROJECT: New Hope Public Works Building Addition and Renovation New Hope. MN (Name and address) TO CONTRACTOR: Hunerberg Construction Company 13705 - 26th Avenue North Plymouth, MN 55441 (Name and address) THE CONTRACT IS CHANGED AS FOLLOWS: CHANGE ORDER NUMBER: OWNER X Three 3 DATE: June 13, 2002 ARCHITECT 0 ARCHITECT'S PROJECT NUMBER: 00701 CONTRACTOR CONTRACT DATE: June 26. 2000 FIELD F CONTRACT FOR: General Construction OTHER (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives.) See Attachment "A" The original (Contract Sum) ( ) was s 894. 4.00 The net change by previously authorized Change Orders $ 52.797.00 The (Contract Sum) ( Maximum Pric4_ prior to this Change Order was $ 947 181.00 The (Contract Sum) ( Guaran4eed Maydmum Ike) will be ( inEreased) (decreased) ( unehanged) by this Change Order in the amount of $ (1213.00) The new (Contract Sum) ( Guaranteed Ma,,;... Price including this Change Order will be $ 945.968.00 The Contract Time will be ( icreased) ( decreased (unchanged) by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is February 19, 2001 NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3.8 of AIA Document A2oi. Not valid until signed by the Architect, Contractor and Owner. © 2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: co #3 revised.doc -- 6/19/2002. AIA License Number 1102965, which expires on 2/28/2003. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D407. © 2000 AIA® AIA DOCUMENT G701 -2000 CHANGE ORDER The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 ARCHITECT (Typed name) TSP One, Inc 21 Water Street Excelsior, MN 55331 BY ff ,`� �t1 a"7- DATE CONTRACTOR(Typedname) OWNER(Typedname) Hunerberg Const, Inc. City of New Hope 13705 - 26th. Ave. South 4401 Xylon Ave. N. &l,z44 �. DATE DATE O 2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: co #3 revised.doc -- 6/19/2002. AIA License Number 1102965, which expires on 2/28/2003. , New Hope Public Works Building Addition and Renovation TSP Project # 00701 Type Description No. Type Amount Proposal Request disconnect at welder outlets #11 Add 432.00 Hunerberg Change Request removal of thicker concrete slab #13 Add 3,054.00 Hunerberg Change Request cmu end caps at east and west wall #16 Add 1,376.00 Hunerberg Change Request O &P for main gate valve #18 Add 200.00 Hunerberg Change Request move light switch in elec. Room #19 Add 167.00 Hunerberg Change Request install additional air lines #24 Add 299.00 Hunerberg Change Request fire protection riser couplings, valves #25 Add 3,311.00 Hunerberg Change Request GFI outlets in garage #26 Add 144.00 Hunerberg Change Request water removal from excavations #27 Add 3,625.00 Owner Change Request bill from JR Optics for sewer line #1 Deduct (968.00) Liquidated Damages Deduct (20,000.00) Proposal Request Roofing Corrections Add 7,147.00 Total Change Order # 3 S (1,213.00) Note: Final Payment/ Close -out on Contract Direct payment to Commercial Roofing in the amount of $7,147.00 1. To: Dan Donahue, City Manager Cc: Steve Sondrall, City Attorney Frog: Guy Johnson, Public Works Director t Date: February 25, 2002 Subject: Central Garage Project Closeout The three remaining issues for the Public Works Central Garage Project are the manufacturer's warranty of the new roof on the existing parking garage and office, the final ( #3) change order, and the final pay request. The roof materials manufacturer has an issue with the depth of the water remaining in front of a few scuppers (roof drains) after a rain event. Because TSP's Project Manual does not cover this situation clearly, E &V is suggesting that we obtain the services of an independent inspection consultant, specializing in roof construction, to advice the city on how to proceed. They would help determine if this is a workmanship problem for the contractor or is additional work the city needs to have completed because the original construction of the metal roof decking was low when the building was built There are two items on the final ( #3) change order being contested. The first issue on the change order is an offer by the city to pay $900 for water removal from excavations. On this issue, Hunerberg is now claiming seventeen (17) days of de- watering (a Sears type sump pump that PW helped monitor) at $1,000 per day. The second issue on the change order is a claim by the city to be reimbursed for $8,934 the city paid to the utility company from the contractor's temporary natural gas meter during the construction of the new addition. The one remaining issue for the final payment is liquidated damages. TSP's January 2, letter to Hunerberg is requesting that they reduce their final pay request by $31,400 (157 calendar days at $200 per day) for liquidated damages. Copies of Hunerberg's and TSP's letters stating their positions on these issues are attached. I am also including a copy of an e -mail from TSP that states their recommended response to Hunerberg's February 8, letter. Having attempted to work with Hunerberg Construction this past year and a half, I concur with Mark Thiede's (TSP) recommended response to Hunerberg's letter, The City Attorney will review the contract documents and project manual with regards to the city's response to the contractor's request for arbitration. January 2, 2002 TSP One, Inc. 21 Water Street Excelsior, MN 55331 ohone (952) 474 -3291 fax (952) 474 -3928 www.teamtsp.com Architecture Engineering Interior Design Offices in Minneapolis and Rochester, MN AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Fort Collins, CO Marshalltown, IA Rapid City, SD Sioux Falls, SO Sheridan, WY John Hunerberg Hunertin Construction Company 1370526 Avenue North, Suite 100 Plymouth, MN 55441 RE: New Hope Public Works Building TSP One # 00701 Addition and Renovation Dear John, Attached you will find three copies of Change Order #3 for you to sign and to return to me for further processing. When you return the copies to me please include all of your closeout documents along with your final application for payment. Please reduce your final payment amount by $31,400 to account for liquidated damages. This is based on a required completion date of February 19, 2001 and an actual date of Substantial Completion of July 26, 2001. The total amount of liquidated damages is determined by 157 additional days beyond the completion date multiplied by $200 per calendar day liquidated damages. Your attention to this matter is appreciated. TSP One Inc. Mark Thiede Copies: File Cheryl Badinger, E & V Guy Johnson, City of New Hope An Equal Opportunity, Affirmative Action Employer 12- 20 - 01; 4 :07PM;TSP EXCELSIOR • a ra . • ;i +952 +474 +3928 # 2/ 3 OWNER [ X ] ARCHITECT [ X ] CONTRACTOR � ] FIELD [ ] OTHER [ ] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: (name, address) New Hope Public works Building Addition and Renovation New Hope, MN TO CONTRACTOR: (name, address) Hunerberg Construction Compan 13705 - 26th Avenue North Piymouth, MN 55441 The Contract is changed as follows: See Attachment "A" CHANGE ORDER NUMBER: Three { 3 DATE: December 20, 2001 ARCHITECT'S PROJECT NO: 00701 CONTRACT DA'Z'E: June 26, 2000 CONTRACT FOR: General Construction DEDUCT $19.00. Not valid until signed by the Owner, hlteat and Contractor. The original (Contract Sum) ( g --Z—um 14io was $ 894,384.00 Net change by previously authorized Change Orders $_ 52,797.00 The (Contract Sum) ( ) prior to this Change Order was $ 947,181.00 .___ __.._ -A A ; , , v.: ^Q will b decreased} The {Contract Sum) ( ) e{4Se� { (unAc ) by this Change Order in the amount of $ 1( 9.00) The new (Contract Sum) ( ) including this Change Order will be $ 947,162.00 The Contract Time will be ' .A f ) (unchanged) by ( 0) days. The Date of Substantial Completion as of the date of this Change Order therefore is February 19, 2001 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. AKUHrIUM, CON I=rUR— OWNER p One, Inc Hunerberg Construction Company City of Mew Hope Address 21 Water Street - Excelsior, MN 55331 BY: DATE: November 6, 2000 Address 13705 - 26th Avenue North Plymouth, MN 55441 BY: l Address 4401 Xylon Ave. N. New Dope, MN 55428 BY: AIA DOCUMENT 0701 - CHANGE ORDER • 1987 EDITION • ALA • COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA. and can be reproduced without violation until the date of expiration as noted below. Elmtronic Format - G701 -1987 User Document: CO#3.DOC -- 12/20/2001. AIA License Number 101129, which expires on 1/8/2002 -- Page #1 12- 20 - 01; 4: OTPM; TSP EXCELS I OR New Hope Public Works Building Addition and Renovation TSP Project 9 00701 11952+474+3928 it 3/ 3 Type Description No. Type Amount Proposal Request disconnect at welder outlets #11 Add 432.00 Hunerberg Change Request removal of thicker concrete slab #13 Add 3,054.00 Hunerberg Change Request emu end caps at cast and west wall #16 Add 1,376.00 Hunerberg Change Request O&P for main gate valve #18 Add 200.00 Hunerberg Change Request move light switch in elec. Room #19 Add 167.00 Hunerberg Change Request install additional air lines #24 Add 299.00 Hunerberg Change Request fire protection riser couplings, valves #25 Add 3,311.00 Hunerberg Change Request GFI outlets in garage 9261 Add 144.00 Hunerberg Change Request water removal from excavations #27 Add 900.00 Owner Change Request bill from JR Optics for sewer line #1 Deduct (968.00) Owner Change Request gas bill from temporary meter #4 Deduct (8,934.00) Total Change Order # 3 $ (19.00) /H\ C C HUNERBERG CONSTRUCTION COMPANY General Contractor Mark Thiede TSP One, Inc. 21 Water Street Excelsior, MN 55331 January 10, 2001 Re: New Hope Public Works Addition & remodeling Change order number 3. Dear Nla . Thiede, ID �� JAN 1 12002 I am responding to your letter dated January 2, 2002, received on January 4, 2002. I am disappointed but not surprised with the final change order. At our meeting in September we discussed many things regarding the final change order that you chose to ignore. The first item is the liquidated damages. I stated at our meeting that I had signed the substantial completion certificate in good faith based on Guy Johnson's statement that the City would not be seeking liquidated damages. You and Cheryl recalled and confirmed that conversation and indicated that the City wanted only to cover its additional costs incurred because of TSP's and E & V's time spent after the completion date. Cheryl indicated it would be approximately $20,000.00. I did question this amount and requested back up for this amount. I never received any information. I was also told by Cheryl she would be meeting with Guy Johnson the following week and would present this to him and get back to me. I never received a call from Cheryl or yourself regarding this meeting with Guy. The second item is the de watering. Per our letter dated February 16, 2001 we are claiming seventeen days of de watering. See the attached copy of the definition of de watering. We are at this time making a claim for de watering on seventeen days at $1,000.00 per day, per our contract, for a total of $17,000.00. Your change order number three shows $900.00 which was never discussed with us. The last item is temporary heat. I made it clear during our meeting that fuel costs for temporary heat was the owner's responsibility per the spec book. See copy of page 01500 -2 of the spec book, item 1.04, item B. The amount of $8,934.00 should be added back into the final change order. Please revise the final change order to reflect these changes. Your attention to this matter is very important so this project can be closed out. mimr�mm �m 13705 26th Avenue North, Suite 100 • Plymouth, MN 55441 • (763) 553 -0062 • Fax (763) 553 -0080 wwti,v.hun-rberg.com Copies: File Cheryl Badinger Bert Haglund Guy Johnson Dan Donahue Sincerely, Joh J. Hunerberg TSP One, Inc. 21 Water Street Excelsior, MN 55331 Dear Mark, February 16, 2001 I'm writing this to inform you that Hunerberg Construction has had cause to pump water at the New Hope Public Works site on 17 separate days as of February 16, 2001 (see dates and explanations following). As you may be aware on page three of the contract we have the right to charge $1,000.00 a day. We are not making a claim at this time. Hunerberg Construction will retain the right, at it's discretion to make a claim for all or part of the amount due for de- watering at the end of the project. Thursday, 8 -3 -00 Pumped trench drain area to dry area so work could proceed. Monday, 9 -18 -00 Pumped exterior footing trench so Scandy could form footing. Thursday, 11 -9 -00 Pumped mezzanine footing and column footing to try to keep it as dry as possible. Friday, 11-10-00 Pumped me zzanin e footing and column footing trying to dry them so work can proceed. Monday, 11 -13 -00 Pumped mezzanine footing and column footing so work on removing the existing footing can start. Tuesday, 11 -14 -00 Pumped mezzanine footing and column footing for footing removal. Wed, 11 -15 -00 Pumped me zzanin e footing and column footing to keep them dry. Thursday, 11-16-00 Pumped mezzanine footing and column footing for STS. Friday, 11 -17 -00 Pumped me zzanin e footing and column footing for soil correction. Monday, 11 -20 -00 Pumped mezzanine footing and column footing for Scandy to corm and pour. Tuesday, 11 -21 -00 Pumped mezzanine footing and column footing to keep them dry. Wed. 11 -22 -00 Pumped me zzanin e footing and column footing in the afternoon because of extended weekend. Thursday, 11-27-00 Pumped mezzanine footing and column footing after long weekend. Water slowing down. Thursday, 12 -7 -00 Pumped interior hole dug for new water main. Friday, 12 -8 -00 Pumped interior hole for Pete's Sewer & Water Thursday, 12 -14 -00 Pumped interior hole so Pete's could install vertical water pipes. Wed. 1 -3 -01 Pumped water main trench because valve in the street would not shut down. Sincerely, Bradley Wolfe Job Superintendent i ir+ r r: t z �1r3i . 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Dexa- (p d m \.dek s' meth -r son. - -zo \ ) synthetic adroa=Im SteroidthYClzH2vFO5(�� ncsp. s a B an antis inflammatory agent . - - ,__t „•„a,n,ark — used for a prepara- Im dg abbr deci ram 2 director g DG abbr 1 fLL Dei gratin) by the grace of God enet DH abbr 1 designated hitter 2 doctor of humanities irmus d frm] m I H nduism rtankndividual's duty fulfilled byytobservancc of custom or law 2 Hindu & Buddhism a : the basic principles of cosmic or individual existence -- NATURE b : co n formity to one's duty and nature — dha r -m is \-mik\ adj DHL abbr doctor OfHebre Hebrew doctor Hebrew literature dog r � dhole \'dol\ n [P k� (Cuon dukhunenss) of India that hunts in pac s dho-tt \'d d or dhoo•tie \'dill e\ n (Hari, dhoti) 1 : a loincloth worn by Hindu men 2 • a fabric used for dbotis dhow \ dau\ n [At dc;a] : an Arab lateen -rigger boat usu. having a l on g o�crhang forward, a high poop. and an open waist Dhu'l- Ht).fa \\,du(- a }1- , J -(Ja\ n [� Dhu- l- bij�ah ht., the one of b the pilgrimage) : the 12th month of the Muhammadan year — see MONTH table one of the Dhu'1 -Qa .doh \-'kid -()a\ n [Ar Dhii- t- ga'dah lit.. the see Moxix sitting] : the 11th mouth of t c Muhammadan Year table di- twofoTd d nblc hrotr..atic,•G2-. oniain g atoms, s radicals, or groups (dicblondc) dia abbr diameter dia- also di- Prefix [ME fr. OF. sitive)I across t (diadom r ous) akin to L des -] : through (diapo di-a -base \'dl- i-,bas\ n [F• fr. Gk diabasis act of crossing over, fr. diabainein to cross over, fr. dia baetco�8 basal[or3 at a fat 1 archak : DtoRITE 2 chiefly . grained rock of the composition of gabbro but with an oplvtic texture— di.a- ba- sic\,dl- r'ba -sikn aril fr Gk diabetes, fr, di"- di.a.be -tea \,di- a-'bct-Ez, - 'betas\ [I . vein] :any of various abnormal conditi ons characterized by the secretion and excretion of excMSsive amounts of urine n insipid diatxtes] diabetes in -atP.t dun \ !n stP'd-'s\ [Nl. b mtmx thitat f the ituitary gland characterized y tion of the sulfate of dutroampnetan + +a° tabl es or capsutcs of the n [dex t -ie + ] ' : a dtsorda o P l and by the excretion of l arge amounts of lit, urm honey -sweet diabetes' dex -ies \'dek - Sa\ P( sulfate of dextroamPhctamme or dex- i•ot- ro•pous di 9b fl lm�a cons titutional n &sordcr f carttiohydrate metabolism \ or or utilization, of anvil, b7 \.d E i `txim dex io-tro-Pie -tropic situated o x - a t adj [Gk dexios situated on the right + \ j [G b inadequate secretion characterized Y i th e blood and urine amounts of sugar turning to the naht : DEXTRAL - [ropous] : ayin to Gk dexias situated on the right, L dexter \riek- star\ adj [L 1 - relating to or situated Po 1 a snit cxcessive an by thirst. hun�cr. and loss o I - of f or relating to diabetaAo )) decere to be fitting more at DEC eNT c de of a heraldic shield bang or relating to t� si ten b' tdi c . �. diabctcs on the right 2 : and the right of the person bearing it 3 : appearing or faring -- dexter adv n : person a c ed wi =diabetic n : a �eison affected with r ( } t � F � rie \d& ab- lr(,)re, = ab-\ n , fr. OF, fr. d able devil. -„ , 2 >s - e the right and considered of good omen dex- tern -ty \rick- 'ste e n p! -ties [MF or L I dex[erite. fr. L fr. dexter] 1 : rcadinrss and grace in Ph si- di-a -ble dfabolus — more at DEVIL) 1 : b[aek magic : SORCERY representation in words or pictures of black magic or of du tttg condud�a ' dexterita[ -, dextentns, cal activity; asp : skill and tax m using the Mends 2 : mental skill with the devil b :demon tore 3 n mischievous manner b : the quality or state Of *nn8 wicked MF diabof -. fr.: bo or 9uiickness : ADROITNESS desert -, dexter dex- dex•tervus or dextrous \'rick- st( aril [T cum teat with the hands 2 : mm- dia or drab los comb form 1 h��\ adj [1)1 d L a• L bo l•a ' cat ( tral, skillful] 1 : skillful and skillful : E- xPF-RT 3 : done with dexterity : ARTFUL \- di- a•bolre \,di- a -'ba1- k \ o fr. LL d a6olicus fr. d abofus] t°�e tally adroit and — dex•ter our lyndv— dexter -ous -ness n DEFT shared meaning element : ready and deabotik fr. MF diabo ue iq po d relating to, or c h arac t er istic of the devil : FI END I SH relating \-t k al -ns\ n syn DEXTEROUS. ADROIT. skilled in physical movements or, sometimes, mental activity aril - a•bol•- -o- a- adv — di ical -ness with or \di-'ab-a-Jiz -nr°\ n 1 " d ea li ngs with or i in wors6?t clumsy dextr or dextro- comb form [LL, fr. L desert -, dexter] 1 right (dextrorotatory) 2 usu xt lrl : dutrht di -=ism or c h arac ter or conduct 3 list the devil 2 : evil char : belief devils — di- ab•o• \zest \n dm ti I as or make : on or toward the right rotatory (dextro-tartane acid) dextral \'dek- stral\ adj : of or rclatin to the right : inclined [o the having the right side vr - lized; liz -trig : to represen di.ab -odize \-Jfz\ of, relating [o, or dealing.!! cal -ik\ aril : right: as a : wGHT•xANDED b of atfsh : c of a gastropod shel having the who s turnng from the ob• di phenomena �p i- r'kran of tangua a as they occur or change over a P P \ -'k 't-k<a -)1e adv — u permost the left toward the right as viewed with the a toward observer to the r _ -g n ron•i.cai -ly scrve or having the aperture open toward the the spire uppermost — dex•tral•r -ty ness \ -ik -n s\ in sync di-ro nY \dl= ak-ra O F n [ISV dia- + -throng (as in sync - time of the axis when held with \dr� 'stralatzee\ n — dex tral -ly \'dck strrte\ adv dexrrux Il : any of numerous - ,., throusth 1 : diachronic analysis 2 : chanj c extc 'is. 1 ' tdiac•id \('�i �as-ad\ or diacid•+c \,di-?'si °f a dex•tran Vilek- siren, -stria\ n ( sox on hydrolysis: glu (C °O % that yield only gl o btained by r y; t with two molecules of a monobastc o act acid one or ester —user+ r 2:. polysacchand as a : any such compound of high molecular Wright fermentation of sugar b : any such co mpound of reduced motecu- hydrolysis o native dextrin and used t acid to form a salt - used of acid salts two repden atoms — snarl a o _ •-; laocablc hyror : an acid with two ac 2O iecid n frid tar Wright obtained by and pvj diacona+is, di- ae -o-na \di 'ak- as -'I, de-\ adj.[ as a plasma substitute lase that breaks down n : a h y dro ase \ str dex.tran _ i- .tas, -, .naz\ . dental plaque office Or period more at DEACON) of onaaaninB : th 'ak- a-nat. -, \ dextran and is effmtive a attacking dextrin \'dolt - strop\ also dex trine strcn, \- - strap\ n [F dextrine. 1 sa.cbaridcs of venous soluble gummy ,p° Y di•aco.nate'\- body of deacons s 2 : a of a deacon or deaconesn of di.a.crit•ie \,di- r'krit -ikji n : a modifying mark near or fr. dextr -] :any tt r (C6H,o0s). obtained from starch by the action o heat. tiled,, Q for and textiles. and P ortho rap 6ic phonetic character di$crcu[ Erom that given the enzymes and used as adbcst vcs, as stza Paper indicating Phonetic marked element in syrups and beer dex -tro \'dck- (.)stro\ adj [dexrr -1 - DExTROROTATORY (.)stro-am-Yct- a-,mcn• -man\ n or otberwise DIACRITICS dex•tro- amphetamine \'dck- ., (�) bcey ' AMPHETAMWE2b dex-glu -core Wck- strr'glii -ikon. -. koZ\ n D E XTROSE n : ngbt- handed or clock- (e) acute accent hart dex- tro-ro-ta•tion \,rick- stra-ro-'ta -shin\ wise rotation — used of the plane of polari_tiiOu of light tro-ro-ta•ry (e) grave accent (�) dex.tro-ro-ta -to-ry \- i - , kwise or to tor - c, - ,tor-\ \ -a-rc\ adj : turning clocward the right; asp : rotas- toward the ri ght <^- crystals) iir _ circumflex ( dia, ( 6)o, CO Mg the plane of Polarization of light — compare LEVOROTATORY toward the adj [NL dextrorsi- fr. L, (r) (n) tilde ' dex•trorse \'dek- ,strb(a)rs\ r i g ht fr. dex[r- + vers'u- PP_ of veriere to turn — more at WORTH] or is parts : tw,ining spirally upwaordExaround an s .micron - (o) 'knit diacritic \- 1 of a pplane from Ieft to right — compare siNisrROxsE 2 • b 4d1-D-�rit- i -kal\ also 's fr' diakrinein to dis tin guh - trorae -ly adv dex•troae \'rick- stros. - ,stroz\ n : dextrorotatory glucose lit., maternal uncle] : a ruling official diokruikos separative, nein to — Mort at c " C- 1 : sen rig d p to distinguish - DtsTiNCitvE (the ^' e er°C° day \'da\ n [F, fr. Turk day,. Africa a : serving & F. Nadel) b: capable of distinguishing <studwu of the Ottoman empire in northern -_ DF abbr 1 damage free 2 direction finder; direction finding -3 powers) - _odel hoes] \.dl-a- 'rid -fns\ adj (di- - P doctorofforostry DFA abbr doctor of fine arts DFC abbr Distinguished Fi yy�irig Cross di- adel-phous filaments iris two fascicles -- °,eel o d�ademe. fr. di -e-dem \'di-''�d�• \ ° (' cma. fr diadrin t.i hind aroun DFM abbr Distinguished Flying Medal diade m a fr (:k diad rna. dtt abbr t defendant 2 draft 4.3 Unit prices, if any, arc as follows: Unit Price # l: De Watering $1 000.00 per day Unit Price #2. - - Roof Deck RepTacement $10.00 per square foot ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later than the Fifteenth day of a month, the Owner shall make payment to the Contractor not later than the last day of the Following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Forty -Five days after the Architect receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 -- - - Applications -for Payment shall indicate the percentage of completion. of -each portion of the Work as of the end. of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: ) 5.6.1. Take that portion o'the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage.of rive percent (5 %) _ Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent (5 %); 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety -five percent (95 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional AIA DOCUMENT A101 - 0WN1-R- CONMACI:OR AGREEMENT . TWELFTH EDITION • AIA • COPYRIGHT 1987 • Ilit' AMERICAN INS IITUII: OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. WARNING; unlicensed photocopying violates U.S. copyright laws and .. is subject to legal prosecution. This doctrrrtcni was electronically produced with permission of the AIA and can be reproduced without violation until [lit date of expiration as noted below. Electiont,: 1'()rrnai :y1tli I9S" User Document: A101.DOC -- 6/2712000. AIA License Number 101 "9, which expires ors Pro', idc and nruntaui incancicsccnt li��hting for construction (Tcr itions to achieve It minimum lighting lc% Cl of ? watt /sq. ft- 13 Provide and maintain 0.25 watt /sq. ft H.I.D lighting to interior "M1 areas after dark for security purposes, unless such lighting level is provided by the existing emergency lighting system- C. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. D. Maintain lighting and provide routine repairs. E. Permanent building lighting may be utilized during construction. 1.04 TEMPORARY HEAT - Provided by the General Contractor. A. Provide and pay for heat devices and heat as required to maintain specified conditions for construction operations. B. Owner will pay cost of energy used. Exercise measures to conserve energy. Enclose the building prior to activating temporary heat in accordance with Article 1.12 - Exterior Enclosures in this Section. C. Prior to operation of permanent equipment for temporary heating purposes, obtain Owner's approval and verify that installation is approved for operation, equipment is lubricated and filters are in place. Record, in writing, the date the equipment was put into service. Provide and pay for operation, maintenance, and regular replacement of filters and worn or consumed parts. D. Maintain minimum ambient temperature of 50 degrees F in areas where construction is in progress arid in other areas where required by specific Sections, and provide higher temperatures when i - ndicated in specific Sections. 1.05 TEMPORARY VENTILATION - Provided by the General Contractor. A. Ventilate enclosed areas to assist curing of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. B. Portable fans will be provided and installed by the mold abatement contractor to maintain a negatiN pressure in respective construction areas. The Gencrai Contractor shall utilize this equipment, and shall extend and supplcn)ent tills equipment as required to uaintain clean air for construction operations, and to maintain a negative press.irc in the construction areas. 1 ')0 fEI- EPHONE SERVICE - Provided by the General Contractor. TSP Onc Pioicct #00701 January 16, 2001 Mark Thiede TSP One, Inc. 21 Water Street Excelsior, MN 55331 Re: New Hope Public Works Addition & remodeling Change order number 3. Dear Mr. Thiede, Attached are additional invoices for natural gas that was paid for by Hunerberg Construction Company. The total of the three attached invoices is $4,860.73. If added to the previous amount of $8,934.00 the total should be $13,794.73. Please adjust the final change order to reflect this change. Your attention to this matter is very important so this project can be closed out. S' erely, Jo J. Huner erg Copies File Cheryl Badinger Bert Haglund Guy Johnson Dan Donahue 13705 26th Avenue North, Suite 100 • Plymouth, MN 55441 • (763) 553 -0062 • Fax (763) 553 -0089 www_hunerberq.com ate er Our Office Total ue $4063.54'5` 0 Other Charges Detail R tGas Charges Detail Meter Number: 123578 0 u Reading on Mar 22 01 404: aq- IJ �� Reading on Feb 22 01 264: 3- J`�3 1405 CCF Times Therm Factor Of may �(1 1.122 = Therms used in 28 Days 157 ( Com /Ind Firm Rate Basic Charge 59.00 Delivery Charge Su.lIu25 per Therm Cost of Gas X $0.65462 Total Cost 50.76487 (1576 Therms 9 $0.76487) $1205.43 :•<i�icsia3£s:. "` Sales Tax 78.94 Total Current Billing $1293.37 Heating Degree Day Data This Period This Year 1116 This Period last Year This Period Normal Year 1103 "Includes a Purchased Gas Adjustment of $_�_QS.Q - -We bas�gas established in 1995. Keep This Part GARAGE Service Address: PKWY Account Number: -636 -400 NEW HOPE PUBLIC NEWOHOPEEMNA55428L BilingDa006 Jun 18, 01 Account Summary Other Charges Gas Charges Previous Balance $ $ 7 91.4 4 Payments Received _ .00 - 791.44 Jun 15 - Thank You Adjustments .00 . 0 0 Balance $.00 $ . 00 Current Billing + .00 + 5.75 New Balance $.00 $5.75 5 V•n• •�n�n�.�n.•�'i•n•.•iii •n ptii.na�•�. .Q e �Zpm tGas Charges Detail - Meter Number: 1235782 eading on Jun 8 01 4963 eading on May 21 01 4963 0 CCF Times Therm Factor Of 0 0.000 = Therms used in 18 Days om /Ind Firm Rate asic Charge $5.40 ai:es lax $5,75 otal Current Billing 1! g t}4 C a V f - . - ro /Therm from the base cost of gas established in 1995. Average Daily Gas Usage: ,� r January 30, 2002 TSP One, Inc. 21 Water Street Excelsior, MN 55331 phone (952) 474 -3291 fax (952) 474 -3928 www.teamtsp.com John Hunerberg Hunerbn Construction Company 1370526 Avenue North, Suite 100 Plymouth, MN 55441 RE: New Hope Public Works Building TSP One # 00701 Addition and Renovation Architecture Engineering Dear John, Interior Design This letter is in response to your letter dated January 10, 2002 regarding a claim for de- watering, Change Order #3 and liquidated damages. Offices in Minneapolis and Rochester, MN Your claim of "de- watering" at $1000.00 per day is rejected in part for the following reasons: the definition of de- watering includes the presence of significant amounts of ground water and/or an aquifer and the constant removal of that water by means of well points and pumping. The claim you are making is actually removal of a minor amount of groundwater and a greater amount of rainwater due to an excessive amount of time the footing and foundation excavations were left open while no work was done. Had the footings and foundations be done in a timely manor no additional costs would have been incurred. In Change Order #3 we have in identified an amount of compensation for removal of ground water from foundation excavations based on a reasonable expenditure. Change Order #3 includes an amount of $8,934.00 the owner paid to the utility company for natural gas used to heat the repair garage area while it was temporarily enclosed. The project manual states that the owner will pay for the cost of energy used when the building is enclosed. The building was not enclosed because walls, roof, windows and doors were not complete and therefore any energy costs are to be paid by the contractor. AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Fort Collins, CO Marshalltown, IA Omaha, NE Rapid City, SD Sioux Falls, SD Sheridan, WY During the meeting that you signed Change Order #1 and liquidated damages was discussed there was an understanding that if Hunerberg Construction demonstrated significant construction progress from that point forward the owner would be unlikely to pursue liquidated damages. At that time the completion date was changed from January 9, 2001 to February 19, 2001. The actual date of substantial completion was July 26, 2001 and therefore significant progress did not occur and the owner will seek liquidated damages. An Equal Opportunity, Affirmative Action Employer This decision is final. Please sign Change Order #3 and reduce your final application for payment by $31,400. Once we receive these documents and any outstanding work is complete the project can be closed out. TSP One Inc. i Mark Thiede Copies: File Cheryl Badinger, E Guy Johnson, City of New Hope Dan Donahue, City of New Hope Bert Haglund, TSP One February 8, 2002 Mark Thiede TSP One, Inc. 21 Water Street Excelsior, MN 55331 Re: New Hope Public Works Addition & remodeling Dear Mr. Thiede, I am in receipt of your January 30, 2002 letter. I am in disagreement of your final decision on all items. I have retained a lawyer to review the claims and instructed him to draft a letter requesting arbitration per the contract documents. However I am willing to meet with The City and TSP to disc iss the situation prior to arbitration. I am requesting that The City be present at this meeting rather than E & V. I feel it is in the best interest of everyone involved to take this first step. ' will need an answer in the next couple of weeks to stay within the thirty day requirement or arbitration notification. I look forward to hearing from you regarding this situation. Sincerely, Lq j n f' John J. Hunerberg Copies File Cheryl Badinger Bert Haglund Guy Johnson Dan Donahue 13705 26th Avenue North, Suite 100 • Plymouth, MN 55441 • (763) 553 -0062 • Fax (763) 553 -0089 I received Hunerberg's letter today talking about arbitration but preferring a meeting with the city to negotiate liquidated damages and utility bills. He has been told the decision is final. According to the contract his only option is arbitration. It would be a fruitless meeting and the entire project would be opened up for endless debate. I'm sure the city will want to consult their attorney on this matter. I will write a letter to Hunerberg declining a meeting with them if the city is in agreement. Please let me know. Mark Thiede TSP One, Inc. 21 Water Street Excelsior, Minnesota 55331 Phone: 952 -474 -3291 Related Offices in: • Denver & Ft. Collins, CO • Marshalltown, IA. • Omaha, NE • Sioux Falls & Rapid City, SD • Sheridan, WY Visit our website! www.teamtsp.com • ' li 1 I •. A a 4 4 i •' r, •••' Approved for Agenda •. t Public Works B' Guy Johnson I B3r / / 1 6.8 RESOLUTION APPROVING CONTRACT WITH TSP ONE, INC. FOR PUBLIC WORKS BUILDING ADDITION AND RENOVATION PROJECT NO. 671 REQUESTED ACTION Staff recommends that the City approve a contract with TSP One, Inc. to provide architectural and engineering services to the City during the Public Works Building addition and Renovation Project, (Project #671). BACKGROUND New Hope is undertaking a construction project to improve the New Hope Public Works Facility. The project will include an addition of approximately 1,800 square feet to the existing shop area of the facility. In addition, the project includes the replacement of the roof in the vehicle storage area of the facility. The project will be designed by the architectural /engineering firm of TSP One, Inc. The project will be constructed using a general contractor having a direct contract with New Hope. This agreement is very similar to the current Agreement between TSP One, Inc. and the City for the construction of the Golf Course Clubhouse. The project has an anticipated completion date of January 31, 2001. FUNDING The contract with TSP One, Inc. states that the City will pay the a lump sum fee of $53,200.00 for architectural /engineering services relating to the building addition and $37,100.00 for services relating to the roof replacement, plus reimbursable expenses not to exceed $8,500.00. Funding is available in the Capital Improvement Program. 3 -13 -00 I Consent ATTACHMENTS Attached are the contract, a letter from the City Attorney stating that he has reviewed the contract, and the resolution. TO: I:RFA \Pubworks \671 Contract with TSP One O Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1999 TELEPHONE (612) 424 -8811 • TELEFAx (612) 493 -5193 E -MAIL ]ssgjsspaxom GORDON L.JENSEN* WILLIAM G. SWANSON STEVEN A.SONDRALL MARTIN P. MALECHA C.ALDEN PEARSONt JULIE A. THILL OF COUNSEL LORENS Q. BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral March 6, 2000 Daniel J Donahue New Hope City Manager 4401 Xylon Avenue North New Hope, MN 55428 RE: Agreement with TSP One, Inc. Public Works Building Renovation and Addition Our File No. 99.10030 Dear Dan: The renovation and addition to the Public Works building is moving forward. City staff would like to enter into an agreement with TSP One, Inc. for providing architectural and other services on the project. I have reviewed the proposed Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope, and approve of the Agreement as to form. This Agreement is very similar to the current Agreement between TSP One, Inc. and the City for the construction of the Golf Course Clubhouse. If the Council wishes to approve the Agreement, the enclosed Resolution can be passed at the next Council meeting. Please call if you have any questions. Sincerely, Martin P. Malecha Assistant City Attorney Enclosure cc: Guy Johnson, Public Works (w /enc) Valerie Leone, City Clerk (w /enc) Tom Schuster, Contract Manager Steven A. Sondrall, City Attorney RESOLUTION NO. 2000- 48 • ), U yy 10 i CITY PROJECT NO. 671 BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS the City of New Hope (the City) will be renovating the existing Public Works building and adding on to the same, all at 5500 International Parkway in the City, City Project No. 671, and WHEREAS it is necessary and desirable for the City to contract with an outside firm for architectural and other services, and WHEREAS TSP One, Inc. is willing to provide architectural and other services to the City for Project No. 671, with the terms and conditions of the contract between TSP One, Inc. and the City set out in the Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope (the Agreement) attached hereto as Exhibit A and incorporated herein by reference, and WHEREAS it would be in the best interests of the City to enter into the Agreement with TSP One, Inc. 1. That the above recitals are incorporated by reference. 2. That the Agreement is approved. 3. That the Mayor and Manager are authorized and directed to sign the Agreement. 4. That City staff is authorized and directed to take such actions as are reasonable and necessary to implement the Agreement. Dated the 13` day of March 2000. Attest: �i'fAlll �_Zou_ Valerie Leone, City Clerk •� 0 r W. Peter Enck, Mayor December 27, 1999 TSP One, Inc. 21 Water Street Excelsior, MN 55331 phone (612) 474 -3291 fax (612) 474 -3928 Architecture Engineering Interior Design Offices in Minneapolis and Rochester, MN Dan Donahue, City Manager City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 Re: Public Works Facility Project Dear Mr. Donahue, We at TSP are delighted to be working with the City of New Hope on the Golf Course Clubhouse Project. We met with Cheryl Badinger on December 20th to begin discussions regarding our contract. While we were there, Cheryl also had us meet with Guy Johnson to review the proposed project for the Public Works facility. After the meeting, Cheryl asked that we prepare a letter outlining our understanding of the project along with an estimate of architectural and engineering fees. The Public Works project consists of the following two major elements with their respective project budgets: Public Works Addition /Remodeling $421,000 Public Works Re- roofing $162,000 AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Rapid City, SD Sioux Falls, SD Sheridan, WY An Equal Opportunity, Affirmative Action Employer Based on our limited knowledge of the project, we estimate that fees might be in the neighborhood of $80,000, plus about $5,000 in reimbursables. This is based on a construction cost equal to 80% of the project budget. Once the general design, scope, and budget for the project is determined, a fixed fee can be established. Until that time, we propose to work on an hourly basis. Our current hourly rate schedule is enclosed, along with our reimbursable expenses. Guy indicated that the project needs to be issued for bids by May of 2000. In order to meet this schedule, it is important that the design effort begin immediately. Cheryl is going to schedule a meeting in early January to start the process. We very much look forward to working with the City again, and with E & V as your Owner's Representative. If you have any questions, please give me a call. TSP ONE, INC. 122At OJL " Bertil E. Haglund, AIA Architect /Principal BH:bh Enclosures cc: Shari French, Director of Parks & Recreation Guy Johnson, Director of Public Works Cheryl Badinger, E & V Consultants TSP One, Inc. Architecture Engineering Interior Design Standard Hourly Rate Schedule Effective January 1, 2000 Professional Category Rate Principal $125 Associate $100 Project Manager $95 Architect /Engineer $80 -95 Designer $65 -75 Specification Writer $70 -80 Drafter $55 -65 Clerical $40 -45 TSP One, Inc. Architecture Engineering Interior Design REIMBURSABLE EXPENSES TSP reimbursable expenses which appear on your invoices are based on the following rates. These rates are established by TSP and will be updated semi - annually. PHOTOCOPYING $.08 /side if duplexed or $.08 /page Spec bindingibook form BLUEPRINTING (Covers and binder) 24x36 30x42 Standard 1 -2 sheets 1.54 2.16 $ .75 /page 3 -5 sheets 1.43 2.10 6 -10 sheets 1.17 1.82 11+ sheets .95 1.40 Mylar Sepia 1 -2 sheets 10.07 12.19 3 -5 sheets 9.54 11.66 6 -10 sheets 9.01 11.13 11+ sheets 8.22 10.34 BINDING Plan binding only $ .35 Spec bindingibook form $ 1.50 (Covers and binder) FACSIMILE 1 -3 pages $1.10 /page 4 -6 pages $1.00 /page 7 -10 pages $ .90 /page 11+ pages $ .75 /page LONG - DISTANCE TELEPHONE Equal to AT &T rates OVERNIGHT DELIVERY Equal to UPS or Federal Express rates POSTAGE Equal to cost ARCHIVE RETRIEVAL FEE $25.00 per item MILEAGE $ . 35 /mile MEALS AND LODGING Per diem 1999 SOP /reimb Abbreviated Form of Agreement Between Owner r Architect for • • Projects rel N • •• IHIS DOCUMENT IIAS IMPORTANT LI;QAL C'UNSFQiJFNCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS C'OMPLETiON OR MODWIC"ATION. AUTHFNT(CATION OF TIII$ ELECTRON iCALLY 0KAF - 111) AIA 1)Gt:'LIMENT MAY BP MADE VY USING AIA DO( UMEN'r D401, Cop %riglhr 1974, 19791, 1937 by The American Institute of Arehitects, 1735 New York AvenX1e, N.W„ Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without urimn permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the Fourteen day of Fe ra the year of Nineteen litmdfed and Iwo Thousand . BETWEEN the Owncr, (Nance and adrlresvx) City. of New Hobe 4401 Xvlon Avenue North Nel Hope, Minnesota 55428 and the Architect: (Nlnne and address) TSl' One, Inc, 21 Water Street Exc elsior. Minnesota 55331 Fat the following Project: (Irnc'ude detailed description of 1'roject, locution, address «red scope.) Pub lic Works 5500 International Parkway Ne Rope, Minnesota 55428 BT ALDING ADDITION AND RENOVATION, -- The z_p ojec ud et is approximately $421,000, which 8a_ is assumed to be con smiction cost. The addition is anticipated to be approximately 1800 S.F. The remodeled area is anticipated to be 1800 S F REROO_ FINCH Removal and replacement of 26,644 S.F. . of existin roofing. Tlie project budi c is approximately $162,000, of whi 80% is assumed to be constructions cost. Thy' Owner and Architect agree as set forth below. AIA 1)()c UMGNT 13151 - ABBRF:VIA`rLD OWN ER- ARC.:HiTFC:'1' AGREEMENT - THIRD VDITION - AIA - COPYRIGHT 1987 - TIME AMERICAN TNSTITUTIi Ul' AR01H EC:TS, 1735 NEW YORK AVENUE, N.W.. WASPHNGTON, D.C.. 20000 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject tip legal Prnsceution.This document wa4 electronically produced n'itb permission ni'the AIA and can be reproduced without violation until the date of expiration as noted below, Flectronic Format B151 -1987 User Document: B151.DOC -- 2/1412000, AIA License Number 101129, which expires on 12/6/2000 -- Page #1 Exhibit A TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.11 The Architect's services consist of those services performed by the Architect, Architects employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12, 11..2 The Architect's services shall be performed as expeditiously as is consistent with professional shill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1. The Architect's Basic Services consist of those de5cribcd under the three phases identified below, any other scr identified in Article 12, and include normal stnictural, mechanical and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the protect. 2.2.2 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner. Design Documents consisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost. 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Documents consisting; of Drawings and Specifications setting forth in detail the requircrucnts for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the OwT)er's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction The parties acknowledge and agree that the ro oiect is subject to the Uni mpl,icipal Contracting_ Law_ , Minn. Star. #471.345 and that all biddinr,, negotiations, or preparation of contracts for the performance of this improvcment will be made in compliance with said statute Sectim —ELLqaWigs . also acknowledge and agree that all contractors who work on this imvrovement shall provide performance and labor and material payment bonds in an amount equal to their contract amount, as also .required by state law 2.4 CONSTRUCTION PHASE -- ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's recponcihility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, 2.4.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of ATA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect w4th - ce'R 5 et#t -4 -*e - which - oewieet -&ha11 -net 43o-- 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Service at the Owner's direction from time to time A[F, DOCUMENT B151 - ABBREvJAtI;D OWNER- AR(111TECT AGREEMENT - TJlJRl) EJ)TION AIA - COPYR)OK 1987 - THE AMERICAN INSTITUTE OF ARCI.1[TbC1'S, 1735 NFW YORK AVENUE, Ni w., WA'_5MN0TON, 0,C., 20000 -5292. unlicensed photocopying viotatcs U.S. copyright taws and is subicct io legal t dt)cumcnt mar cIcctrunically produced with permission of the AIA and can be reproduced without violation until the dolt of expiration as noted below. F,lectronic Format B151-1987 User Document: 8151.130C -- 2114/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #2 during the correction period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by Ilie Owner and Architect in writing to become generally familiar with the Progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in acatrdance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work, On the basis of on -site observations as an architect, the Architect shall keep the Owner informed of the pro ress and quality of the Work, and shall eBdeavor- to guard the Owner against defects and deficiencies in the Work. (Mare extensive site representation many he agreed to as an Ifdditional Service, as described in Paragraph 3.2.) 2,4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction, The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents, The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or cmployees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Col ttractor, 2.4.9 1 Architcct's certification for payment shall constitute a representation to the Owner. hazed on the Architect's observations at the site as provided in Subparagraph 2.4,5 and on the data comprising the Contractor's Application for Payment, that the Work, to the best of the ,Architect`s knowledge, information and belief, has progressed to the point indicated and that quality of the Work is i,i accordance with the Contract Documents, The issuance of a Certificate for Payment shall not be e r-epr-etientation that the "hrt as444 P49de e*haRStiVe­ff - @p Site - i#zsl3ec- tiotss to -ekee# the quality er qUaRt4y -441le Werle,42}- fev , , seclRences of'preeetht7,{ } reYieWSd C- Qpies- af- recl4is� -reeejVei? €rem Subeentme ers -a"4 - mawial -ems -ate e#Ie -dam t es*44l y4e $wmer to substant4ate tl}e f aeterti- % what puFpos@ ttre Cen#- ne-A -Stim_ be a representation that the Architect haste_ Made on -site inspecrions to check the progress and quantiry of the Work �s' provided in Subparagraph 2,4,5 anti reviewed data requested by Owner W substantiate tine Contractor's right to payment 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable Promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professimial certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents, 2.4.12 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect shall may at the request of the Owner interpret and decide matters conceming performance of the Owner - and Contractor under the requirements of the Contract Documents en wFi t -of eitheif -the 9w ftef -or- Crae The Architect'; respnnse to such requests shall be made with reasonable promptness and within, any time limits agreed upon. When snaking such interpretations and initial .AIA DQC UMENT 13151 - ABBREVIATED UWNI :R ARCHIT'EC.'T AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 198'7 - THY". AMERICAN INS FITUT? OF ARC MTECI'S, 1735 NEW YORK AVENUE, N,W„ WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. l "his document was electronically produced Rith permission of the AIA and can he reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1997 User Document: B151,DOC -- 2/14/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #3 decisions, the Architect shall endeavor to secure faithful perii)rmancc by beth Qwmef -ate the Contractor, sb*4 -Met: - but shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or confirmed in writing by the Owner or if included in Article 12 and they shall be paid for by the Owner as provided in this Agreement. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordination of separate contractors or in&pendent consultants, coordination of construction or project managers, detailed Construction Cost estimates, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of rccirrd drawings, and any other services not otherwise included in this Agreement under Basic Services or not customarily furnished in accordance with generally accepted architectural practice. 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles I I and 12. 3.3 As an Additional Service in connection with Change Urders and Construction Change Directives, the Architect shall prepare, Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construction Change Directives, ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a program which shall set forth the Owncrs objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the services of geotechnieal engineers or other consultants whon such scrvices are requested by the Architect. 4,3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents, 4.4 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 - Ibe Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit, In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which arc the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST AIA DOCUMEM' til5l - AB8RFVIATrD OWNER- ARCIRTECT AGRUMENT - THIKO EDITION - AEA - C.QPYRIGH'J' 1987 - 'ME, AMF,RiCAN tNSTITU'rii 01" ARC'Htl'ECTS, 1735 NEW YORK AVENUE, N.W., WASHiN( I'(W, 0.C:., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document u'as electronically produced with permission of the AIA and can be reproduced without violation until the date of exp;ration as noted below. Electronic Format B151 -1987 User Document: B151.DOC -- 2/14/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #4 5.2.1 it is recognized that neither the Architect not the Owner has control over the cost of labor, materials or equipment, over the Contractor's mrtho of determining bid prices, or over competitive bidding, market or negotiating conditions. accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 522 No fixed limit of Construction Cost shall be established as a condition of this AgreernOnt by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; if the Project is abandoned, terminate in accordance with Paragraph 8.3; or 6,1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shatll- ttet inav be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others_ aaless to Afehiwef4 adjudged - to -44* d4auit - HFAff - -4gfeettent a pt by a eer?rient -in attd . kr ePptepriare eat erisa�iet4 - te - the - A tev4 _ - In considerariou thereof, the Owner agrees to Mold harmless, indemnify and defend the Architect from and against a4y and all liabilities, claims, losses, damages, and costs, arising out 4f t e modification. misinterpretation, or misuse of the documents in the completion of the proje ct _by others. or Ad "in out of any reuse of thte documents on a other project, excepting only those liabilities, losses, damages, arid_ costs caused by the sole neeliQence of the Architect 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Clairris, disputes or other matters in question .4 cooperate in revising the Project scope and quality as between the parties to this .Agreement arising out of or required to reduce the Construction Cost. relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the 5.2.5 if the Owner chooses to proceed under Clause Construction Industry Arbitration Rules of the American 5,24A, the .architect, without additional charr;e, shall modify Arbitration Association currently in effect unless the parties the Contract Documents as necessary to comply with the mutually agree otherwise. No arbitration arising out of or fix(A limit, if established as a condition of this Agreement, relating to this agreement shall include, by consolidation, Thy: modification of Contract Documents shall be the limit of joinder or in any other manner. an additional person or Entity the Architect's responsibility arising out of the establishment not a party to this Agreement. except by written consent of a fixed limit. The Architect shall be entitled to containing a specific reference to this Agreement signed by compensation in accordance with this Agreement for all the Owner, Architect, and any other person or entity sought to services performed whether or not the Construction Phase is be joined. Consent to arbitration involving an additional commenced, person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in ARTICLE 6 the written consent. 'Fhe foregoing agreement to arbitrate and USE OF ARCHITECT'S DRAWINGS, other agreements to arbitrate with an additional person or SPECIFICATIONS AND OTHER DOCUMENTS entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law AUK 1 )U('UMhN T 13151 - ADDREvIATFT) OWNER- ARCHITECT AGRUMEN't' I'N1Kt} Fr)rr ON - AlA - COIIYRICY14T 1987 - THE AMERICAN INS 1 *1'FUTF OF ARCE 78, 1735 N$W YORK AVENUE. N.W., WASH(NOTON, ( },(;, 20006 -5292. Unlicensed phutocopying violatcs U,S. copyright laws and is subject to legal proriccution.T document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1987 User Document; 8151.DOC -- 2/14/2000, AIA License Number 101129, which expires on 12/6/2000 -- Page #5 in any court having jurisdiction thereof. 7.2 to no event shall the demand for arbitration be trade after the date when institution of legal or equitable prm.eedings based on such claim:, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated or suspended by either party upon not less than seven days written notice sheaid - the -a4�ef - " -434 subst ily -#e perfe 4a- ...�� it th texire of t r c�'cmc-cr: C tF b ef-t . 82 If the Project is suspended by the Owner for more than 30 consecutivc clays, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resu the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services, 8.3 -I445 gmeme.�� �% .may -he -tefmiwi {ed -bye 4he Ownef u t et ec*5 -t#te revert ,t.,,,,.' WF i#e„ Reti, the #ehi£eet� tl,e @ a1,zt t e y,-... eet i re e d l ai. Ffatft4 -is abat 3ed -by -the -fef m fe 4h,�H s38- by 8.4 ire - ef 41te owner - to - make pe� - to rite AK hitee 4R aQQE0FjaF1ee - with - this AgfeerneR - email• - be- e s sus i tiler tman(te -a" -cause -€or- tet�t�at -ice►. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, Suspend performance of t:erviccs under this Agreement. unless payment in full is rect�ived by the Architect within seven days of the date of the notice, the suspension skull take effect without further notice. in the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Ar(hitect, the Architect sba)) be compr nsgterl for services performed prior to termination, together with Reunbursable Expenses then due 8.7 Tem 4tt9e9 -ere -int addition -te- - ar;d -le ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as those in ALA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of' the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owncr and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other, 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instntment signed by both Owner anr) Architect. AIA. DOCUMENT 13151 - ABBREVIATED OWN FR- AR(Jfl _'CT A(3RFETNF.NT - THIRD f - AIA - {'QPYKJ(3HT 1987 - TI-Ik; AMERICAN rNS rITUTF. (V AR(:N)'rT;CT$, 173$ NZW YORK AVV..N1,JF„ N.W.. WAS) Vt 45TON, D.C., 20006 -529 Unlicensed Photocopying violates U.S. copyright laws and is subject to legal prosccution.Thi4 document was electroltically produced «)lh permission Of the AIA and can, be reproduced without violation until the date of expiration its noted below, Electronic Format B 151-1987 User Document; 8151.DOC -- 2/14/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #6 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 The Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any forth at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 D irect Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributinttc and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for: expense of transportation and living expenses in connection with out -of -town travel authorized by the Owner; .2 long- distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project., .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; 7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants; and .9 expense -e€ computer- aided deqigft -wvd df$ffittg �etrt -tie -w�e� - t+t+ee# - iw.�a��t� - �vit1� �►- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth iD Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.1 Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement or services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.51 No deductions shall be made from the Architect's compensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION AIA DOCUMENT B151 - ABBRFVJATED OWNER - ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THF. AMERICAN INt- TITUTE OF AKC,'H1TEC:T5, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unhcenscd photocopying violates U.S. copyrkght laws an0 is subject to legal prosecution.This document teas elcoronicaliy Produced with permission Of the AIA unit can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1987 User Document: B151.DOC -- 2/14/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #7 The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Zero .Dollars (S, 0.00 ) shall be made upon execution of this Agreement and credited to the Ownci's accoiwt at final paymcnt. 11.2 BASIC COMPENSATION 11.21 FOR BASIC SERVICES. as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Invert Lasis' tl cornpensatrtm, including stiputatzd aunts. multiples or percvnu45c >s, and identify pbuFrs to which particular m thuds of Compensation apply. if ncce'sary.) f'ee for architectural and engineering scrviccs shall be a lump sum of $80,000.00. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable. (lotst rt addirionol pl ases as appeopriafe) Design Phase Construction Documents Phase: Thirty percent (30 %) Fort' percent ( 40 %) Construction Phase: Thirty percent ( V /o) ot;il Basic Compensation: one liundred perccn o 11.3 COMPENSATION FOR ADDITIONAL SERVICES 113.1 FOR PROJECT REPFFSENTATION BEYOND BASIC: SERVICES, as described in paragraph 3.2, compensation shall be computed as follows: Hw irly - See Exhibit 'A' 11.3.2 FOR ADDITIONAL, SERVICES OF THE, ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (Insert basis of mmpvrs•aaan, including rares andiur mulnples of Direr Personnel expense for Principals and cm loye es, and identify principals and classify employees, if required. Identify spec fie servire. s to whM1f parlcular btethods ojeompensation apply, iffircewapy ) Hou rly - See Exhibit 'A' 11.3.3 FOR ADDITIONAL. SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering scrviccs and those provided under Article 3 or identified in Article 12 as pan of Additional Services, a multiple of one I_0 ) times the amounts billed to the Architect for such services. (1deato spitcific types of cunsuttanfs in Arnett 12,ifrequired.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE- EXPENSES, as described in Paragraph 10.2, and any other items included in Articic 12 as Reimbursable Expenses, a multiple of ont__ ( 1 p ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. ') oial reimbursable expenses snail not exceed $5,940.00. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Ej , hteen - ( 18 ) months of the dal: hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 103.3 and 11.3.2. 11.5.2 Payments arc due and payable Third ( ',,Q ) days from the date of the Architect's invoice, Amount-, unpaid Six ( 60 ) days after the invoice date shall be subject to a late payment fee of 1.5 percent per month, bear in(efe -A e —;tee }i3-4 _ AfQ44ee4. AIA DOCUMENT x151 - A913RBVIATED OWN'1?R-ARC)4ITFt °1* ACiKUMl'NT - THIRD FINTION - AIA - COPYRIGHT 1987 - T14r, AMERICAN TN5 ('171 IT£ of ARC) IITF;CTS. 1735 NFW YORK AVEN'UL, N-W., WASHMOTON, D.C., 20006.5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal proSecutlon. - phis document tva?, electronically produced --with permission of the AIA and can he rcprctJuCed without violation until the date of cxp) ration as ntiwd below, Electronic Format B151 -1987 User Document 6151.DOC -- 2114/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #8 y (Inw rate of interext agTerd NpOO ((lint) lawn and regairetnents under thr Foderal Truth in Lending Act, similar state and local consumer credit laws and other rrgulatrons at the nwnar`s and Archttect"s principal Piactsa trf hnsine. +s. the tnration of thr• Prgierr and else++ -here niM affect the Validity cf this provision. Verifc legal advice .+hould he obtainer with respect to dcletions or modfficalions. and also regarding requirements such rs written disclosures or wai+rrs.J 11,5.3 "11c rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary reviexv practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (/ns drscnptforts of otter xervirec, identify Add(tioiral Ren•ices included within Basic Compensation and ntotlijtcavons to the. payment and rornpensation tcrm3 inctuded to this Agr(Irment.) Tltis Agreement entered into as of the day and year first written above. OWNER ARCHITECT (SiKnatttre) (Signature) Bertil Hxelund. AiA - Vice President (Printed name and title) (Printed name and Lille) .n1A DOCUMENT 8151 - ABBREVIATED ()WNER ARC111T1=CI' AGREEMENT - "THIRD xC1ITI()N - AIA - COPYRIGHT 1981 - THE AMERICAN tYST[TL)`1 "� �F A1tC'H]'i'k CTS, 1735 N[, YORK AV ENUE, N,W,, WAS H]N(;TUN, r).C., 20(ft- 5292. kinlicc - rased photocopying violates U.S, copyright haw. a +a 15 tiubject to legal proaea:ution.'1'his document kac electronically produced with permission of the AIA and can be reproduced without violation until the date of rxp;rat,on as noted below. Eleclxortic Farz•rlat BI 51-1987 User Document: 8 151.DOC -- 2/14/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #9 Exhibit 'A' Agreement Between Owner and Architect for the Public Works Facility Project New Hope, Minnesota Standard Hourly Rate Schedule Effective January 1, 2000 Professional Categgry Rate Principal $125 Associate $100 Project Manager $95 Architect/Engineer $80-95 Designer $65-75 Specification Writer $70-80 Drafter $55-65 Clerical $40-45 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www. ci. new -hope. mn. us Mr. Bertil Haglund TSP One, Inc. 21 Water Street Excelsior, MN 55331 City Hall: 612 -531 -5100 Police: 612- 531 -5170 Public Works: 612 - 533 -4823 TDD: 612- 531 -5109 Subject: Contract Documents - Improvement Project No. 671 Dear Mr. Haglund: City Hall Fax: 612- 531 -5136 Police Fax: 612-531-5174 Public Works Fax: 612- 533 -7650 At its meeting of March 13, 2000, the New Hope City Council approved the contract with TSP One, Inc. for architectural and engineering services to the City during the public works building addition and renovation project (improvement project no. 671). Enclosed are two copies of the "Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope" which have been executed by City officials. Please sign both copies; retain one contract for your records; and return one fully executed contract to my attention. The City's contact person for this project is Guy Johnson, Director of Public Works (phone: 763/533-4823 ext. 16). Sincerely, Valerie Leone, CMC City Clerk enc. cc: Guy Johnson Family Styled City few For Family Living April 28, 2000 TSP One, Inc. 21 Water Street Excelsior, MN 55331 phone(612)474 -3291 fax (612) 474 -3928 Valerie Leone, CMC City Clerk City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55422 -4898 Architecture Subject: Contract Documents - Improvement Project No. 671 Engineering New Hope Public Works Interior Design Dear Ms. Leone, Offices in Minneapolis and Rochester, MN Enclosed please find one copy of the "Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited Scope" which has been signed by our office. Sincerely, AFFILIATED OFFICES Minneapolis, MN Rochester, MN Denver, CO Marshalltown, IA Rapid City, SD Sioux Falls, SD Sheridan, WY TSP ONE, INC. � 41k Bertil E. Haglund, AIA Architect /Principal BH:bh Enclosure An Equal Opportunity, Affinnati,e Action Employer Abbreviated r of • Owner and i Architect f or C onstruction Projects A!A Document BI 51 -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. Copyright 1974, 1978, 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C., 20006 -5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AGREEMENT made as of the day of in the year d Two Thousand . BETWEEN the Owner: (Name and address) City* of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 and the Architect: (Name and address) TSP One., Inc. 21 Water Street Excelsior Minnesota 55331 For the following Project: (Include detailed description ofprojed, location, address and scope) Public Works 5500 International Parkway New hope, Minnesota 55428 BUILDING ADOPTION AND RENOVATION. The project budget is approximat"1 $421,000, of which $337,000 is assumed to be construction cost The addition is anticipated to be approximately 1800 S F The remodeled area is anticipated to be 2800 S.F. REROOFING; Removal and replacement of 26.644 S.F. of existing roofing, The project budget is approximately $308,000, of which $261,000 is assi=ed to be _co nstmetion cost. The Owner and Architect agree as set forth below. AIA DOCUMENT B151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - TIM EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSITTUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N_W_, WASHINGTON, D.0 -, 20006-5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B15I -19$7 User Document_ B151.DOC — 3/812000. AIA License Number 101129, which expires on 121612000 — Page #1 TER1US AND CONDITIONS OF OWNER ,ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architecfs consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's, services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES *T 2.1.1. The Architect's Basic Services consist of those described under the three phases identified below, any other services identified in Article 12, and include normal structural, mechanical and electrical engineering services. 2.2 DESIGN PHASE 2.2.1 The Architect shall review with the Owner alternative approaches to design and construction of the Project 2.2.2 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Design Documents consisting of drawings and other documents appropriate for the Project, and shall submit to the Owner a preliminary estimate of Construction Cost 2.3 CONSTRUCTION DOCUMENTS PHASE 2.3.1 Based on the approved Design Documents, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project and shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost. 2.3.2 The Architect shall assist the Owner in connection with the Owner's responsibility for firing documents required for the approval of governmental authorities having jurisdiction over the Project 2 -3.3 Unless provided in Article 12, the Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction The parties acknowledge and agree that the proiect is subject to the Uniform Municipal Contracting Law, M" Stat. #471.345 and that all bidding, negotiations, or preparation of contracts for the performance of this mvement will be made in compliance with said statute section. The parties also acknowledge and agree that all contractors who work on this improvement shall provide performance and labor and material payment bonds in an amount equal to their contract amount, as also require state law 2.4 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of issuance to the Owner of the final. Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.4.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 2.4.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with - senseat -of 4he Custer - whi b sensent sha l - net 43e- 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due and (2) as an Additional Service at the Owner's direction from time to time AIA DOCUMENT B151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORK AVENUE, N-W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. EIectronic Format B151 -1987 User Document: 13151.DOC — 318/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #2 during the correction period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeaver to guard the Owner against defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2) 2.4.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.4.7 The Architect shall at all. times have access to the Work wherever it is in preparation or progress. 2.4.8 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Arclutect shall review and certify the amounts due the Contractor. 2.4.9 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.4.5 and on the data comprising the Contractor's Application for Payment that the Work, to the best of the Architecfs knowledge, information and belief, has progressed to the point indicated and that quality of the Work is in accordance with the Contract Documents_ The issuance of a Certificate for Payment shall not be a Eepr-esentation that the m hm -(1) lee s e-er eeatiaaeus on site wed eeflstlwtien means, er-preeedares; -(3) reviewe d- espies -of requisitions reeeived from Sal sea ethrs -aad - materW sepplieFs -aff d ether data requested by the Owner to mb9tantiate the Genuastef'o right to payment er" -asee ed- hew- er-€er- what puipese Gear be a representation that the Architect has (1) made on -site inspections to check the progress and cuantity of the Work as provided in Subpaaraaraph 2.4.5 and reviewed data requested bv the Owner to substantiate the Contractor's right to payment 2.4.10 The Architect shall have authority to reject Work which does not conform to the Contract Documents and will have authority to require additional inspection or testing of the Work whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents. 2.4.'11 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.4.12 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if authorized or confirmed in writing by the Owner as provided in Paragraphs 3.1 and 33, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.4.13 The Architect shall conduct inspections to determine the dates of Substantial Completion and final completion and shall issue a final Certificate for Payment. 2.4.14 The Architect sha# may at the request of the Owner interpret and decide matters concerning performance of the 9wnfad Contractor under the requirements of the Contract Documents on n request -a€ etthe -the - Owner er Geatfaetea The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. When making such interpretations and initial AIA DOCUMENT 8151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD. EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to Iegal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1987 User Document: 13151.DOC — 3/8/2000. AIA License Number 101129, which expires on 1216/2000 — Page #3 decisions, the Architect .shall endeavor to secure faithful performance by beth -ref -and the shag 3aet but shall not be liable for results of interpretations or decisions so rendered in good faith. ARTICLE 3 ADDITIONAL SERVICES 3.1 Additional Services shall be provided if authorized or confirmed m writing by the Owner or if included in Article 12, and they shall be paid for by the Owner as provided in this Agreement. Such Additional Services shall include, in addition to those described in Paragraphs 3.2 and 3.3, budget analysis, financial feasibility studies, planning surveys, environmental studies, measured drawings of existing conditions, coordination of separate contractors or independent consultants, coordination of construction or project managers, detailed Construction Cost estimates, quantity surveys, interior design, planning of tenant or rental spaces, inventories of materials or equipment, preparation of record drawings, and any other services not otherwise included in this Agreement under Basic Services or not customarily finnished in accordance with generally accepted architectural practice_ 3.2 If more extensive representation at the site than is described in Subparagraph 2.4.5 is required, such additional project representation shall be provided and paid for as set forth in Articles 11 and 12. 3.3 As an Additional Service in connection with Change Orders and Construction Change Directives, the Architect shall prepare Drawings, Specifications and other documentation and data, evaluate Contractor's proposals, and provide any other services made necessary by such Change Orders and Construction Change Directives. ARTICLE 4 OW'NER'S RESPONSIBILITIES 4.1 The Owner shall provide full information, including a program which shall set forth the Owner's objectives, schedule, constraints, budget with reasonable contingencies, and criteria. 4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, a written legal description of the site and the services of geotechnical engineers or other consultants when such services are requested by the Architect. 4.3 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.4 The Owner shall fiunish all legal, accounting acrd insurance counseling services as may be necessary at any time for the Project, including anditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by the Owner. 4.5 The foregoing services, information, surveys and reports shall be famished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.6 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.7 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. ARTICLES CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit in addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect`s consultants, the costs of the land, rights -of -way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST ALA DOCUMENT B151 - ABBREVIATED OWNERARCHlTECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INST]TUTE OF ARCHITECTS, 1735 NEW YORK. AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyrigbt laws and is subject to legal prosceution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format 8151 -1987 User Document_ B151.DOC — 3/8/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #4 5.2.1 It is recognized that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of det bid prices, or over competitive bidding, market or negotiating conditions_ Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices_ wall not vary from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless a fixed limit has been agreed upon in writing and signed by the parties hereto. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 Any Project budget or fixed limit of Construction Cost may be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project, and the Architect shall be deemed the author of these documents and shall retain all common law, statatory and other reserved rights, including the copyright The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others. - unless - theAi—� uid -this Agitiemssnt exsegt-by Feeraent-in wFiting -ate apprepFWe eonVe -to -#be -Afe _ -In consideration thereof. the Owner agues to hold harmless, indemnify and defend the Architect from and against any and all liabilities, claims, losses, damages, and costs, arising out of the modification, misinterpretation, or misuse of the documents in the completion of the pmiect by others, or arising out of any reuse of the documents on any other project, exceyting only those liabilities, losses, damages, and costs caused by the sole negligence of the Architect 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 7.1 Claims, disputes or other matters in question ARTICLE 7 ARBITRATION .4 cooperate in revising the Project scope and quality as between the parties to this Agreement arising out of or required to reduce the Construction Cost relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the 5.2.5 If the Owner chooses to proceed under Clause Construction Industry Arbitration Rules of the American 5.2.4.4, the Architect, without additional charge, shall modify Arbitration Association currently in effect unless the parties the Contract Documents as necessary to comply with the mutually agree otherwise. No arbitration arising out of or fixed limit, if established as a condition of this Agreement. relating to this Agreement shall include, by consolidation, The modification of Contract Documents shall be the limit of joinder or in any other manner, an additional person or entity the Architect's responsibility arising out of the establishment not a party to this Agreement, except by written consent of a fixed limit. The Architect shall be entitled to containing a specific reference to this Agreement signed by compensation in accordance with this Agreement for all the Owner, Architect, and any other person or entity sought to services perfbimed whether or not the Construction Phase is be joined. Consent to arbitration involving an additional commenced person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The foregoing agreement to arbitrate and ARTICLE 6 other agreements to arbitrate with an additional person or USE OF ARCHITECTS DRAWINGS, entity duly consented to by the parties to this Agreement shall SPECIFICATIONS AND OTHER DOCUMENTS be specifically enforceable in accordance with applicable law AIA. DOCUMENT B151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - TEE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1987 User Document: 13151.DOC — 3/8/2000. AIA License Number 101129, which expires on 1216/2000 -- Page #5 in any court having: jurisdiction thereof 7.2 a no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations_ 7.3 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated or suspended by either party upon not less than seven days' written notice sheul -the - eihef -pity -faA -sebs al}y 4o perfer -in- 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 8.3 -This -Agmement may be -tee } - the Q%%er- Prejeet -is abandene -by -the -9wner -fef more -than -90- this AVeement by giving wrWea aefwe 8.4 a -o€ -the -Owaff -to mfike Twfn nts -te 4he- A est -- asaerdanse Obis Affeemmt -shell -be- substantial neapeEfermanee -arid cause -for- teflBiuAge,L 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due . 8.7 TaEmiaafie s menses -ere -in additieu -te- ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the Architect 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ALA DOCUMENT B151 - ABBREVIATED OWNER-ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTT r= OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document was clectronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below_ Electronic Format B151 -1987 User Document: B151.DOC — 3/8/2000. AIA License Number 101129, which expires on 12/6/2000 — Page #6 9.7 Nothing contained in this Agreement shall create a contrach?al relationship with or a cause of action in favor of a third parry against either the Owner or Architect. 9.8 The .Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses include expenses incurred by the Architect in the interest of the Project for. .1 expense of transportation and living expenses in connection with out -of -town travel authorized by the Owner; .2 long-distance communications; .3 fees paid for securing approval of authorities having jurisdiction over the Project; .4 reproductions; .5 postage and handling of Drawings and Specifications; .6 expense of overtime work requiring higher than regular rates, if authorized by the Owner; .7 renderings and models requested by the Owner; .8 expense of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and Architects consultants; and .9 e*pense -o€ oempu*1 aided design -and &afti equlpr t-tiffle eexueetien- t4he- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service. 10 -3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 10.4.9 Payments on account of the Architects Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement or services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.9 No deductions shall be made from the Architect's compensation on account of sums withheld from payments to contractors. ARTICLE 11 BASIS OF COMPENSATION AIA DOCUMENT B151 - ABBREVIATED OWNER - ARCHITECT AGREEMENT - THIRD EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.This document was electronically produced with pernrission of the AIA and can be reproduced without violation until the date of expiration as noted below. - Electronic Format B151 -1987 User Document; B151.DOC -- 318!2000. AIA license Number 101129, which expires on 12/612000 -- Page #7 The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, f necessary.) Building Addition and Renovation; The fee for architectural and enineerin services shall be a hum sum of $53,200.00, equal to 15.8% of the construction cost. Re- Rooftnar: The fee for architectural and engineering services shall be a lump sum of $37, 100, 1 to 14.2 %fl of the construction cost. 11.2-2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: ( InseH additional phases as appropriate) Design Phase Thir percent ( 30 %) Construction Documents Phase: Forty percent (40 %) Construction Phase: nulu percent ( 30 %) 'Ibtal Basic onapensa on: one un percent o 11 -3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Hourly - See Exhibit 'A' 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, tf required Identify specific services to which particular methods of compensation apply, if necessary) Hourly - See Exhibit 'A' 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Article 3 or identified in Article 12 as part of Additional Services, a multiple of one 1.0 times the amounts billed to the Architect for such services. (Identify spedfic types of consultants in -1 rilcle 12, f required) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one_ ( 1_0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. Total reimbursable expenses shall not exceed $8,500.00. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within Eighteen _ ( 1_8 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.32. AIA DOCUMENT B151 - ABBREVIATED OWNER ARMITECT AGREEMENT - 'I'H" EDITION - AIA - COPYRIGHT 1487 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5242. Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1%7 User Document: B151.DOC — 31812000. AIA License Number 101129, which expires on 12/6/2000 — Page #8 11.5.2 Payments are due and payable Thia ( M ) days from the date of the Architecfs invoice. Amounts unpaid S� ( 60 ) days after the invoice date shall be subiect to a late payment fee of 1.5 Percent per month. bea-� inter-eat the gate in absenee ther-eef a4 the legal fate pfevaihag from time 4a 6me A 4he pf insipal phase ef hasiaess of r tt3ec (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal P70h in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should he obtained with respect to deletlons or modykatlons, and also regarding requirements such as written disclasures or waivers) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modoScadons to the payment and compensation terms included in this Agreement) This Agreement entered into as of the day and year first written above. OWNER Pte) F.1110140 N 1ar , - � W. Peter Enck, Mayor (Printed name and title) Berth Haglund, AIA - Vice President (Printed name and title) AIA DOCUMENT 8151 - ABBREVIATED OWNER ARCHITECTT AGREEMENT - THIRD EDMON - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, I735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 -5292 Unlicensed photocopying violates V.S. copyright laws and is subject to legal prosecution.This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B151 -1987 User Document B151 _DOG — 31812000. AIA License Number 101129, which expires on 1216!2400 — Page #9 Exhibit °A` Agreement Between Owner and Architect for the Public Works Facility Project New Hope, Minnesota Standard Hourly Rate Schedule Effective January 1, 2000 Professional Category Rate Principal $125 Associate $100 Project Manager $95 Architect /Engineer $80 -95 Designer $65 -75 Specification Writer $70 -80 Drafter $55 -65 Clerical $40 -45 SCHEMATIC DESIGN COST ESTIMATE New Hope Public Works - Reroofing March 8, 2000 BUILT -UP ROOF Item Quantity Units Unit Cost Cost Demo BUR Roofing 26,644 SF $ 1.60 $ 42,630 Demo Metal Roof Edge 700 LF $ 125 $ 875 3" Polyisocyanurate (R21.74) 26,644 SF $ 1.54 $ 41,032 Tapered Polyiso 40,000 BF $ 0.54 $ 21,600 4 Ply Fiberglass BUR 2661 SQ $ 196.00 $ 52,136 Relocate Roof Drains 2 EA $ 500.00 $ 1,000 New Roof Drains 3 EA $1,500.00 $ 4,500 Raise Existing Roof Curbs 15 EA $ 500.00 $ 7,500 Raise Existing Roof Vents 20 EA $ 100.00 $ 2,000 Wood Cant 700 LF $ 1.93 $ 1,351 Metal Roof Edge 700 LF $ 5.30 $ 3,710 3,710 Sub -Total $ 178,334 General Conditions 15% General Conditions 15% $ 26,750 Overhead & Profit 10% Overhead & Profit 10% $ 20,508 Estimating Contingency 5% Estimating Contingency 5% $ 11,280 Design Contingency 5 0 /0 Design Contingency 5% $ 11,844 Construction Contingency 5 11 /0 Construction Contingency 5% $ 12,436 $ 10,711 Construction Cost $ 261,152 Owner's Representative Fee 224,926 Owner's Representative Fee $ 5,000 Architect Fee 14.2% Architect Fee 14.2% $ 37,084 Architect Reimbursables 31,939 Architect Reimbursables $ 3,500 $ 3,500 Total $ 306,735 Item Quantity Units Unit Cost Cost Demo BUR Roofing 26,644 SF $ 1.60 $ 42,630 Demo Metal Roof Edge 700 LF $ 1.25 $ 875 3" Polyisocyanurate (R21.74) 26,644 SF $ 1.54 $ 41,032 Tapered Polyiso 40,000 BF $ 0.54 $ 21,600 45 mil EPDM Ballasted Roof 266 SQ $ 103.00 $ 27,398 Relocate Roof Drains 2 EA $ 500.00 $ 1,000 New Roof Drains 3 EA $1,500.00 $ 4,500 Raise Existing Roof Curbs 15 EA $ 500.00 $ 7,500 Raise Existing Roof Vents 20 EA $ 100.00 $ 2,000 Wood Cant 700 LF $ 1.93 $ 1,351 Metal Roof Edge 700 LF $ 5.30 $ 3,710 Sub -Total $ 153,596 General Conditions 15% $ 23,039 Overhead & Profit 10% $ 17,664 Estimating Contingency 5% $ 9,715 Design Contingency 5% $ 10,201 Construction Contingency 5% $ 10,711 Construction Cost $ 224,926 Owner's Representative Fee $ 5,000 Architect Fee 14.2% $ 31,939 Architect Reimbursables $ 3,500 Total $ 265,365 • r ieparMenj Public Works Guy Johnson 10 LO 61 0) 1r f, i . . I. 3 -13 -00 Agenda Section Consent Item No. 6.9 RESOLUTION APPROVING CONTRACT WITH E &V, INCORPORATED FOR PUBLIC WORKS BUILDING ADDITION AND RENOVATION (PROJECT NO. 671) REQUESTED ACTION Staff recommends that the City approve a contract with E &V, Incorporated to act as owner's representative and provide project management services during the Public Works Building addition and Renovation Project, (Project #671). E &V has taken on this role for the City on a number of projects including the Pool Concessions project (#601C), the City Hall project of 1998 ( #608), and the Public Works remodeling project of 1997 ( #542). BACKGROUND New Hope is undertaking a construction project to improve the New Hope Public Works Facility. The project will include an addition of approximately 1,800 square feet to the existing shop area of the facility. The project is being designed by the architectural /engineering firm of TSP One, Inc. The project will be constructed using a general contractor having a direct contract with New Hope. As New Hope's Owner Representative, E &V will provide project management services to New Hope and will coordinate functions with New Hope, the architect, and the general contractor. The project is anticipated to be completed by late winter of 2000 -2001. E &V will assign Cheryl Badinger to be the project manager. She is the person who represented E &V on the Public Works project in 1997 and the City Hall project in 1998. She is also serving as owner's representative on the Pool Concessions project right now. She has a good deal of experience with the City and with the engineering /architectural firm working on this project, TSP One, Inc. FUNDING E &V's lump sum fee is a not -to- exceed price of $19,950.00 for the project through the anticipated completion date of January 31, 2001. Any time spent beyond January 31, 2001, which is approved by the City, would be billed at an hourly rate as stated in the contract. Time spent by E &V on this project would reduce time and money spent by the City on the engineering /architectural firm. ATTACHMENTS Attached are the contract, a letter from the City Attorney stating that he has reviewed the contract, and the resolution. The contract contains a Team Responsibilities Chart which describes E &V's role in this project. This contract has been reviewed by the City Attorney. • TO: RRFA\ Public Works\ 671 Contract with E & V Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1999 TELEPHONE (612) 424 -8811 • TELEFAx (612) 493 -5193 E -MAIL jss@]sspa.COril GORDON L.JENSEN* WILLIAM G. SWANSON STEVEN A.SONDRALL MARTIN P. MALECHA C. ALDEN PEARSONt JULIE A. THILL OF COUNSEL LORENS Q.BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar Association tQualified ADR Neutral March 6, 2000 Daniel J Donahue New Hope City Manager 4401 Xylon Avenue North New Hope, MN 55428 RE: Agreement with E &V, Incorporated Public Works Building Renovation and Addition Our File No. 99.10030 Dear Dan: As part of the renovation to the existing Public Works building and construction of a building addition, City staff would like to enter into an agreement with E &V, Incorporated for project management services. I have reviewed the proposed City of New Hope, New Hope Public Works Shop Expansion, City Project No. 671 Services Contract, and approve of the Contract as to form. If the Council wishes to approve the Contract, the enclosed Resolution can be passed at the next Council meeting. Be sure to call if you have any questions. Sincerely, NA" Udl-0 � Martin P. Malecha Assistant City Attorney Enclosure cc: Guy Johnson, Public Works (w /enc) Valerie Leone, City Clerk (w /enc) Tom Schuster, Contract Manager Steven A. Sondrall, City Attorney RESOLUTION NO. 2000- 49 RESOLUTION APPROVING i INCORPORATED Fi i BUILDING ADDITION i i PROJECT i, BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS the City of New Hope (the City) will be renovating the existing Public Works building and adding on to the same, all at 5500 International Parkway in the City, City Project No. 671, and WHEREAS, it is necessary and desirable for the City to contract with an outside firm for project management services, and WHEREAS E &V, Incorporated is willing to provide project management services to the City for Project 671, with the terms and conditions of the contract between E&V, Incorporated and the City set out in the City of New Hope, New Hope Public Works Shop Expansion, City Project No. 671 Services Contract (the Contract) attached hereto as Exhibit A and incorporated herein by reference, and WHEREAS it would be in the best interests of the City to enter into the Contract with E &V, Incorporated. That the above recitals are incorporated by reference. 2. That the Contract is approved. 3. That the Mayor and Manager are authorized and directed to sign the Contract. 4. That City staff is authorized and directed to take such actions as are reasonable and necessary to implement the Contract. Dated the 13' day of March 2000, Attest: ;7"' Valerie Leone, City Clerk W. Peter Enck, Mayor CITY OF NEW HOPE NEW HOPE PUBLIC WORKS SHOP EXPANSION CITY PROJECT NO. 671 SERVICES CONTRACT 1. Parties • The parties to this contract are E &V, Incorporated, a Michigan corporation, d/b /a E &V Consultants and Construction Managers (hereafter. E &V) located at 5801 Duluth Street, Suite 345, Minneapolis, Minnesota 55422 and The City of New Hope, a Minnesota Municipal corporation (hereafter New Hope) located at 4401 Xylon Avenue North, New Hope, Minnesota 55428, 2. Purpose of Contract - New Hope is undertaking a construction project to improve the New Hope Public Works Shop. The project will include an addition of approximately 1,800 square feet to the existing city shop area of the public works facility, re -roof of the existing public works garage, and review of the garage ventilation all located at New Hope Public Works building, 5500 International Parkway, New Hope. The project has been designed by the architectural /engineering firm of TSP One, Inc. (hereafter TSP). The project will be constructed using a general contractor having a direct contract with New Hope. All subcontractors on the project will contract with the general contractor awarded the contract. As New Hope's owner Representative, E&V will provide project management services to New Hope and will coordinate functions with New Hope, the architect, the general contractor as set out in paragraph 4 Scope of Services. 'Perms of Agreement - The terns of this agreement shall be the length of time reasonably necessary to complete the project as designed by TSP. It is anticipated the project will be bid in June 2000 with construction commencing August 2000 with completion January 31, 2001. Scope of Services - E &V agrees to provide all services as set out in the Team Responsibilities Chart attached hereto as Exhibit A and further defined as follows' a- Conduct and record project team meetings as required to coordinate the design, bidding and construction of the project. b. Prepare a program schedule, which gives duration and dates for the design, bidding and construction phase-, of the project. Evaluate construction phasing and review alternate plans with New Hope. Develop, plan and schedule for relocation, moving and occupying the new facility. Assist New Hope in obtaining and scheduling moving and relocation sen ices. d. Review bidding documents provided by the architect. Contact prospective bidders, develop final bidders list and conduct pre -bid meetings. Review contract schedule. Coordinate New Hope relocations and moving with contract schedule_ Monitor schedule throughout construction phase. Notify New Hope of contractor delays, which may impact the completion schedule of the project. Exhibit A 5. Payment Terms , New Hope shall make monthly payments to E&V based on invoices submitted by E &V showing itemized charges for the work performed based on the fee schedule attached as Exhibit B. Upon determination of construction schedule and scope of project, E &V and New Hope will agree on an amendment to this Agreement specifying a not to cxcecd fcc. Prior to each payment E &V agrees to submit detailed service reports including the following information: the name of the service provider, the date of service, a description of work performed and the time spent. 6. r ecords. Reports and Monitoring Procedures - E &V agrees to maintain and make available to New Hope or any of its duly authorized representatives all records relevant to the provision of services set out in the Scope of Services clause above including, but not limited to, financial records, expense statements and service delivery records. Further, E&V agrees to the following requirements regarding records: a. E&V agrees to maintain all records relevant to the services provided under this agreement for two (2) years after final completion of the project. New Hope or any of its duly authorized representatives may duplicate, use, and disclose all data delivered under this agreement. C. E &V insures the availability of all records during normal business hours, and will permit review for copying or transcription as often as reasonably necessary. 7. Indemnification and Insurance Indemnity. New Hope shall not be liable to E &V or its officers, agents, employees, lessees, licenses, invitees or trespassers in respect of, and E &V shall hold harmless and indemnify Ncw Hopc against liabilities, losses, damages, costs, expenses (including reasonable attorney's fees) claims, actions, judgments and settlements of any nature whatsoever for any personal injury, death or property damage arising out of or resulting from any negligent act or omission of E &V in the performance of E &V's responsibilities under this agreement, but only to the extent the injury, death or damage has not been caused by the intentional acts or omissions or breach of this agreement by New Hope, its officers, employees or agents. 2. l✓ &V shall not be liable to New Hope, its officers, agents, employees, lessees, licenses, invitees or trespassers in respect of, and New Hope shall hold harmless and indemnify E &V against liabilities, losses, damages. costs, expenses (including reasonable attorney's fees) claims, actions, judgments and settlements of any nature whatsoever for any personal injury, death or property damage arising out of or resulting from any negligent act or omission of Ncw Hopc in the performance of New Hope's responsibilities under this agreement, but only to the extent the injury, death or damage has not been caused by the intentional acts or omissions or breach of this agreement by F', &V, its officers, erx►ployces or agents. b. Insurance. E &V does further agree that in order to protect itself as well as the New Hope under the indemnity agreement provisionsJtereinabove set forth, it will at all time during the term of the agreement have and keep in force: A single limit or combined limit excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and/or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. 2. A single limit or combined limit or excess umbrella automobile liability insurance policy covering E&V- owned, non - owned, and E&V vehicles used in the provision of services under this agreement, in an amount of not less than $ 1,000,000 per accident property damage, $1,000,000 for death or bodily injury and /or damages to any one person, and $1,000,000 for total bodily injuries and/or damages arising from any one accident, 3. Any policy obtained and maintained under this clause shall provide that it shall not be canceled, materially changed, or not renewed without thirty (30) days' written prior notice thereof to New Hope. 4. Worker's Compensation insurance, Independent Contractor - E &V is to be and shall remain an independent contractor with respect to all services perfomied under this agreement. F_&V represents that it has or will secure at its own expense all personnel required in performing the services under this agreement. Any and all personnel of E &V or oilier persons while engaged in the performance of any work or services required by E&V under this agreement shall have no contractual relationship with New Hope. Any and all claims that may or might arise udder the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including without limitation, claims of discrimination against E &V, its officers, agents, contractors, or employee shall in no way be the responsibility of New Hope. E &V shall defend, indemnify, and hold harmless New Hope from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from New Hope, including without limitation, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 9. Merger and Modification It is understood and agreed that the entire agreement between the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this agreement are incorporated or attached and are deemed to be part of this agreement. b. Anv material alterations, variations. modifications, or waivers of provisions of this agreement shall be valid when they have been reduced to writing as an amendment to this agreement signet) by the parties hereto. 10. f2efaul t. a. None of the parties shall be held responsible for delay or failure to perform hereunder when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of the public authorities, or delays or defaults caused by public carriers, which cannot reasonably be foreseen or provided against. b. Unless E &V's default is excused under the provisions of this agreement, E &V, after receipt of notice from New Hope of any of the following conditions or other circumstance warranting cancellation of this agreement, shall have ten (10) days (or longer such period as New Hope may authorize in writing) after receipt of notice to cure the specified failure: 1. If E&V fails to provide services called for by this agreement within the time specified herein or any extension thereof; or If E&V is in such financial condition so as to endanger the performance of this agreement; or 3. If E&V fails to perform any of the other provisions of this agreement, or so fails to prosecute the work so as to endanger the performance of this agreement in accordance with its terms; or If it is discovered that material misrepresentations were made by E&V as to the conditions relied upon by New Hope which purported to exist by their terms of this agreement and all exhibits and documents attached hereto and incorporated by reference. If E &V fails to cure the specified condition after notice within the prescribed period of time, this agreement may be canceled immediately by New Hope, not withstanding any provisions of Paragraph 11 to the contrary. C. Waiver of any default shalt not be deemed a waiver of any subsequent default_ 11. Cancellation a. Not withstanding any other terms to the contrary herein, this agreement may be canceled by either party for any reason with thirty (30) days written notice delivered by first class mail or in person to the address of the other party referenced above. b. Aftcr receipt of a notice of cancellation under any provision of this agreement, and except as otherwise directed, E&V shall: 1. Discontinue provision of Services under this agreement on the date, and to the extent specified, in the notice of cancellation. Complete performance of such services as shall not have been canceled by the notice of cancellation, 3. Submit a revenue and expense statement for the performance of services prior to the effective date of cancellation within thirty (30) days of said date. 4. Maintain all records relating to performance of the canceled portion of the agreement as may be required by New Hope, 12, Governing Law - The parties acknowledge and agree this contract shall be governed by Minnesota law. IN WITNESS WHEREOF, the parties have agreed and signed below. Dated: Dated: THE City of New Hope By: Its Mayor By: Its City Manager E &V Consultants and Construction Managers By: Its Regional Manager NEW HOPE PUBLIC WORKS SHOP EXPANSION PAG E 1 OF 3 TEAM RESPONSIBILITIES EXH(B[T A DATE: 01/07/00 CITY OF NEW' ARCHITECT GENERAL ACTIVITY .HOPE, E &V TSP ONE CONTRACTOR Team Meetings Program Schedule Cost Estimating Value Engineering Specifications - CSI Divisions 0 and l Proposal Forms Bid Advertisement Bidder Solicitation Plans and Technical Specifications Plan ReviewslApprovals Print and Distribute Bid Documents Participate Conduct, Record Prepare Review Panicipate x Provide Input, Approve, Use Provide Input, Use X Approve Provide x Approve Recommend, Review Provide x Approve Review Review Review Provide X Approve Provide X Approve, Publish Review, Provide X Review Provide Review, Provide X Approve Review Monitor Provide X Receive, Approve Arrange X Approve Coordinate Provide Original Documents, Arrange X NEW I -TOPE PUBLIC WORKS SHOP EXPANSION PAGE 2 OF 3 TEAM RESPONSIBILITIES EXHISITA DATE: O l /0?tt)0 ACTIVITY CITY OF NEW HOPE ARCHITECT GENERAL E &Y TSP ONE CONTRACTOR Pre -Bid Meetings Attend Participate Conduct X Bid Opening Open Bids Attend Attend x Bid Review, Evaluation and Bid Tab Participate Conduct, Prepare Participate x Owner Phasing Approve Develop, Review, Participate, Comply Recommend Recommend Award Contract for Construction and Removal Awards Recommend Recommend X Issue Contract Approve Review, Coordinate, Prepare X Obtain Signatures Contract Pre- Construction Meeting Participate i Conduct Participate Participate Building Permit Issue X X Purchase Foreman progress Meetings Participate Conduct Participate Participate Invoicing and Pay Requests Review, Approve, Review, Approve, Review Approve pprove Submit Cut Checks Recommend Construction schedule Approve Review, Monitor Review, Monitor Provide NEW HOPE PUBLIC WORKS SHOP EXPANSION PAGE 30F3 TEAM RESPONSIBILIT1ES ACTIVITY Proposal Requests and AS! Construction Observation Change Orders Punch 1 ist Safety Building Department Inspections RF I's Shop Drawings Owner Occupancy, Warranty As Builrs FFK EXHIBIT A CITY OF NEW HOPE Approve Approve Participate Observe Provide Review as Required Accept, File Participate, Fite Approve Purchase ARCHITECT I?8cV TSP ONE Review Coordinate Review, Negotiate Monitor Observe Review Review Monitor Coordinate Coordinate Review, Coordinate Provide Provide Prepare Prepare, Issue Observe x Reply Review, Approve Review, Comment Review X i DATE: 01/07/40 GENERAL CONTRACTOR Reply Accept Receive, Respond Responsible Arrange, Obtain provide Provide Provide Provide x March 16, 2000 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www. ci. new -hope. mn. us Ms. Cheryl Badinger E &V Consultants & Construction Managers 5801 Duluth Street, Suite 345 Minneapolis, MN 55422 City Hall: 612 -531 -5100 Police: 612- 531 -5170 Public Works: 612 - 533 -4823 TDD: 612- 531 -5109 Subject: Contract Documents - Improvement Project No. 671 Dear Cheryl: City Hall Fax: 612 -531 -5136 Police Fax: 612 -531 -5174 Public Works Fax: 612- 533 -7650 As you are aware, at its meeting of March 13, 2000, the New Hope City Council approved the contract with E &V to serve as the City's owner representative for the public works building addition and renovation project. Enclosed are two contract documents which have been executed by City officials. Please have both copies signed by the appropriate official of your company; retain one contract for your records; and return one fully executed contract to my attention. The City's contact person for this project is Guy Johnson, Director of Public Works (phone: 763/533-4823 ext. 16). Sincerely, Valerie Leone, CMC City Clerk enc. cc: Guy Johnson Family Styled City For Family Living CITY OF NEW HOPE NEW HOPE PUBLIC WORKS SHOP EXPANSION CITY PROJECT NO. 671 SERVICES CONTRACT Parties - The parties to this contract are E &V, Incorporated, a Michigan corporation, d /b /a E &V Consultants and Construction Managers (hereafter E &V) located at 5801 Duluth Street, Suite 345, Minneapolis, Minnesota 55422 and The City of New Hope, a Minnesota Municipal corporation (hereafter New Hope) located at 4401 Xylon Avenue North, New Hope, Minnesota 55428. 2. Purpose of Contract - New Hope is undertaking a construction project to improve the New Hope Public Works Shop. The project will include an addition of approximately 1,800 square feet to the existing city shop area of the public works facility, re -roof of the existing public works garage, and review of the garage ventilation all located at New Hope Public Works building, 5500 International Parkway, New Hope. The project has been designed by the architectural /engineering firm of TSP One, Inc. (hereafter TSP). The project will be constructed using a general contractor having a direct contract with New Hope. All subcontractors on the project will contract with the general contractor awarded the contract. As New Hope's Owner Representative, E &V will provide project management services to New Hope and will coordinate functions with New Hope, the architect, the general contractor as set out in paragraph 4 Scope of Services. Terms of Agreement - The term of this agreement shall be the length of time reasonably necessary to complete the project as designed by TSP. It is anticipated the project will be bid in June 2000 with construction commencing August 2000 with completion January 31, 2001. 4. Scope of Services - E &V agrees to provide all services as set out in the Team Responsibilities Chart attached hereto as Exhibit A and further defined as follows: a. Conduct and record project team meetings as required to coordinate the design, bidding and construction of the project. b. Prepare a program schedule, which gives duration and dates for the design, bidding and construction phases of the project. C. Evaluate construction phasing and review alternate plans with New Hope. Develop, plan and schedule for relocation, moving and occupying the new facility. Assist New Hope in obtaining and scheduling moving and relocation services. d. Review bidding documents provided by the architect. Contact prospective bidders, develop final bidders list and conduct pre -bid meetings. Review contract schedule. Coordinate New Hope relocations and moving with contract schedule. Monitor schedule throughout construction phase. Notify New Hope of contractor delays, which may impact the completion schedule of the project. Payment Terms - New Hope shall make monthly payments to E &V based on invoices submitted by E &V showing itemized charges for the work performed based on the fee schedule attached as Exhibit B. Upon determination of construction schedule and scope of project, E &V and New Hope will agree on an amendment to this Agreement specifying a not to exceed fee. Prior to each payment E &V agrees to submit detailed service reports including the following information: the name of the service provider, the date of service, a description of work performed and the time spent. Records, Reports and Monitoring Procedures - E &V agrees to maintain and make available to New Hope or any of its duly authorized representatives all records relevant to the provision of services set out in the Scope of Services clause above including, but not limited to, financial records, expense statements and service delivery records. Further, E &V agrees to the following requirements regarding records: a. E &V agrees to maintain all records relevant to the services provided under this agreement for two (2) years after final completion of the project. b. New Hope or any of its duly authorized representatives may duplicate, use, and disclose all data delivered under this agreement. C. E &V insures the availability of all records during normal business hours, and will permit review for copying or transcription as often as reasonably necessary. Indemnification and Insurance a. Indemnity. New Hope shall not be liable to E &V or its officers, agents, employees, lessees, licenses, invitees or trespassers in respect of, and E &V shall hold harmless and indemnify New Hope against liabilities, losses, damages, costs, expenses (including reasonable attorney's fees) claims, actions, judgments and settlements of any nature whatsoever for any personal injury, death or property damage arising out of or resulting from any negligent act or omission of E &V in the performance of E &V's responsibilities under this agreement, but only to the extent the injury, death or damage has not been caused by the intentional acts or omissions or breach of this agreement by New Hope, its officers, employees or agents. 2. E &V shall not be liable to New Hope, its officers, agents, employees, lessees, licenses, invitees or trespassers in respect of, and New Hope shall hold harmless and indemnify E &V against liabilities, losses, damages, costs, expenses (including reasonable attorney's fees) claims, actions, judgments and settlements of any nature whatsoever for any personal injury, death or property damage arising out of or resulting from any negligent act or omission of New Hope in the performance of New Hope's responsibilities under this agreement, but only to the extent the injury, death or damage has not been caused by the intentional acts or omissions or breach of this agreement by E &V, its officers, employees or agents. b. Insurance. E &V does further agree that in order to protect itself as well as the New Hope under the indemnity agreement provisions hereinabove set forth, it will at all time during the term of the agreement have and keep in force: A single limit or combined limit excess umbrella commercial and general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for damages arising from death and /or total bodily injuries arising from one occurrence, and $1,000,000 for total personal injuries arising from one occurrence. 2. A single limit or combined limit or excess umbrella automobile liability insurance policy covering E &V- owned, non - owned, and E &V vehicles used in the provision of services under this agreement, in an amount of not less than $1,000,000 per accident property damage, $1,000,000 for death or bodily injury and /or damages to any one person, and $1,000,000 for total bodily injuries and /or damages arising from any one accident. 3. Any policy obtained and maintained under this clause shall provide that it shall not be canceled, materially changed, or not renewed without thirty (30) days' written prior notice thereof to New Hope. 4. Worker's Compensation insurance. Independent Contractor - E &V is to be and shall remain an independent contractor with respect to all services performed under this agreement. E &V represents that it has or will secure at its own expense all personnel required in performing the services under this agreement. Any and all personnel of E &V or other persons while engaged in the performance of any work or services required by E &V under this agreement shall have no contractual relationship with New Hope. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including without limitation, claims of discrimination against E &V, its officers, agents, contractors, or employee shall in no way be the responsibility of New Hope. E &V shall defend, indemnify, and hold harmless New Hope from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from New Hope, including without limitation, medical and hospital care, sick and vacation leave, Workers' Compensation, Unemployment Insurance, disability, severance pay, and PERA. 9. Merger and Modification a. It is understood and agreed that the entire agreement between the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this agreement are incorporated or attached and are deemed to be part of this agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this agreement shall be valid when they have been reduced to writing as an amendment to this agreement signed by the parties hereto. 10. Default a. None of the parties shall be held responsible for delay or failure to perform hereunder when such delay or failure is due to fire, flood, epidemic, strikes, acts of God or the public enemy, unusually severe weather, legal acts of the public authorities, or delays or defaults caused by public carriers, which cannot reasonably be foreseen or provided against. b. Unless E &V's default is excused under the provisions of this agreement, E &V, after receipt of notice from New Hope of any of the following conditions or other circumstance warranting cancellation of this agreement, shall have ten (10) days (or longer such period as New Hope may authorize in writing) after receipt of notice to cure the specified failure: If E &V fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2. If E &V is in such financial condition so as to endanger the performance of this agreement; or If E &V fails to perform any of the other provisions of this agreement, or so fails to prosecute the work so as to endanger the performance of this agreement in accordance with its terms; or 4. If it is discovered that material misrepresentations were made by E &V as to the conditions relied upon by New Hope which purported to exist by their terms of this agreement and all exhibits and documents attached hereto and incorporated by reference. If E &V fails to cure the specified condition after notice within the prescribed period of time, this agreement may be canceled immediately by New Hope, not withstanding any provisions of Paragraph 11 to the contrary. C. Waiver of any default shall not be deemed a waiver of any subsequent default. 11. Cancellation a. Not withstanding any other terms to the contrary herein, this agreement may be canceled by either party for any reason with thirty (30) days written notice delivered by first class mail or in person to the address of the other party referenced above. b. After receipt of a notice of cancellation under any provision of this agreement, and except as otherwise directed, E &V shall: Discontinue provision of services under this agreement on the date, and to the extent specified, in the notice of cancellation. Complete performance of such services as shall not have been canceled by the notice of cancellation. 0 3. Submit a revenue and expense statement for the performance of services prior to the effective date of cancellation within thirty (30) days of said date. 4. Maintain all records relating to performance of the canceled portion of the agreement as may be required by New Hope. 12. Governing Law - The parties acknowledge and agree this contract shall be governed by Minnesota law. IN WITNESS WHEREOF, the parties have agreed and signed below. THE City of New Hope Dated: 3 - /- 3 - cTo By: Dated: 3 —/ Y - CI C) By: FEESCHEDULE AGREEMENT BETWEEN The City of New Hope, A Minnesota Municipal Corporation 4401 Xylon Avenue North New Hope, MN 55428 the OWNER, E &V Consultants and Construction Managers 5801 Duluth Street, Suite 345 Minneapolis, MN 55422 the CONSTRUCTION MANAGER Scope of Work: The project will include an addition of approximately 1,800 square feet to the existing city shop area of the public works facility, re -roof of the existing public works garage, and review of the garage ventilation all located at New Hope Public Works building, 5500 International Parkway, New Hope. Project Budget: Shop Expansion Project $421,000 Re -Roof Project $162,000 Total Project Budget $583,000 Project Schedule: Bid Date: June 2000 Construction: Start August 2000 with completion January 31, 2001 E &V Fee Schedule: Personnel Est Rate Estimated Fees Project Manager 260 $75.00 $ 18,750 Clerical 40 $30.00 $ 1,200 Total 345 $ 19,950 E &V's fee would be billed hourly at the above rates for a total not to exceed $19,950 through January 31, 2001. Any additional hours that exceed the estimated fees after January 31, 2001, and which are approved by New Hope, will be billed at an hourly rate as stated in this amendment. NEW HOPE PUBLIC WORKS SHOP EXPANSION PAGE 1 OF 3 TEAM RESPONSIBILITIES EXHIBIT A DATE: 01/07/00 Team Meetings CITY OF NEW Conduct, Record ARCHITECT GENERAL' ACTIVITY HOPE E &V TSP ONE CONTRACTOR Team Meetings Participate Conduct, Record Participate X Program Schedule Provide Input, Approve, Use Prepare Provide Input, Use X Cost Estimating Approve Review Provide X Value Engineering Approve Recommend, Review Provide X Specifications - CSI Divisions 0 and 1 Approve Review Provide X Proposal Forms Approve Review Provide X Bid Advertisement Approve, Publish Review Review, Provide X Bidder Solicitation Review Provide Review, Provide X Plans and Technical Specifications Approve Review Provide X Plan Reviews /Approvals Receive, Approve Monitor Arrange X Print and Distribute Bid Documents Approve Coordinate Provide Original Documents, Arrange X NEW HOPE PUBLIC WORKS SHOP EXPANSION PAGE 2OF3 TEAM RESPONSIBILITIES EXHIBIT A DATE: 01/07/00 Pre -Bid Meetings CITY OF NEW Participate ARCHITECT GENERAL ACTIVITY HOPE E &V TSP ONE CONTRACTOR Pre -Bid Meetings Attend Participate Conduct X Bid Opening Open Bids Attend Attend X Bid Review, Evaluation and Bid Tab Participate Conduct, Prepare Participate X Owner Phasing Approve Develop, Review, Recommend Participate, Recommend Comply Award Contract for Construction and Removal Awards Recommend Recommend X Issue Contract Approve Review, Coordinate, Obtain Signatures Prepare Contract X Pre - Construction Meeting Participate Conduct Participate Participate Building Permit Issue X X Purchase Foreman Progress Meetings Participate Conduct Participate Participate Invoicing and Pay Requests Review, Approve, Cut Checks Review, Approve, Recommend Review, Approve Submit Construction Schedule Approve Review, Monitor Review, Monitor Provide NEW HOPE PUBLIC WORKS SHOP EXPANSION PAGE 3 OF 3 TEAM RESPONSIBILITIES EXHIBIT A DATE: 01/07/00 Proposal Requests and ASI CITY OF NEW Review ARCHITECT GENERAL ACTIVITY " HOPE E &Y TSP ONE CONTRACTOR Proposal Requests and ASI Approve Review Provide Reply Construction Observation Coordinate Provide Change Orders Approve Review, Negotiate Prepare Accept Punchlist Participate Monitor Prepare, Issue Receive, Respond Safety Observe Observe Observe Responsible Building Department Inspections Provide Review X Arrange, Obtain RFI's Review as Required Review Reply Provide Shop Drawings Accept, File Monitor Review, Approve Provide Owner Occupancy, Warranty Participate, File Coordinate Review, Comment Provide As Builts Approve Coordinate Review Provide FF &E Purchase Review, Coordinate X X Un March 29, 2001 JOHN HUNERBERG HUNERBERG CONSTRUCTION 1370526 TH AVE N PLYMOUTH MN 55441 -3635 RE: Our Claim No.: 105- 2201013786 DOL: 12/15/2000 Claimant: City of New Hope, 5500 Intl Pkwy Addition Dear Mr. Hunerberg: United Fire & Casualty Company United Life Insurance Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers & Managers, Inc. American Indemnity Company American Fire and Indemnity Company Texas General Indemnity Company American Indemnity Lloyds This letter concerns the above- captioned sewer backup claim. I have concluded my investigation, which reveals the following: 1. You have a sub - contract agreement with Lloyd's Construction, holding you harmless for their negligence. 2. The item causing the alleged backup was not recovered 3. There have been previous plumbing problems at this project. I spoke to John Lloyd on March 27, 2001, at which time he advised that "They probably did it" however there was also other contractors in the area that could have caused the blockage, or the restroom use at that location. I cannot find any negligence on Hunerberg employees. I am tendering this damage claim to Lloyd" Construction. Please call if you have any questions. Sincerely, United Fire & Casualty Company Donald Harrop Claims Representative M �Q Cc: Lloyd's Constriction 7207 w 128 ' St Savage MN 55378 City of New Hope 4401 Aylon Ave N' New Hope MN 55428 HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407 -3909 Phone: 800 - 343 -9131 CLAIMS FAX: 800 - 407 -2644 MAR. 5. 2002 5:07PM No. 6i/6 r, 'I �'C 13455 Noel Road - Suite 1750, Dallas, TX 75240 telephone; 972- 702 -8222 facsimile: 972 -490 -9008 internet: http: / /www.adr.org/ DATE: March 5, 2002 TO: William M. Beadie Moore, Costello & Hart 7014th Avenue S., Suite 1350 Minneapolis, MN 55415 (FAX#) (612) 395 -8600 City of New Hope 4401 Xylon Ave. North New Hope, MN 55428 (FAX#>) (763) 531 -5136 Re: 65 E 110 00108 2 Hunerberg Construction Company and City of New Hope - Minneapolis, Minnesota Claim: $31,400.00 FROM: Richard B. Reid NUMBER OF PAGES: 7 (in cover sheet) eC" c a ✓ g 0 CONFIRMATION LARD COPY TO FOLLOW VIA U.S. MAIL: YES MESSAGE: We are transmitting our letter dated March 5, 2002, THIS FAX TRANSMISSION IS INTENDED ONLY FOR THE USE OF THE PERSON TO WHOM IT IS ADDRESSED. IT MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL, PRIVILEGED OR OTHERWISE EXEMPT FROM DISCLOSURE. IF YOU ARE NOT THE INTENDED RECIPIENT OR THE PERSON AUTHORIZED TO DELIVER THIS FAX TO THE INTENDED }RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION OF THIS FAX IS PROHIBITED. IF YOU HAVE RECEIVED THIS FAX IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT) AND RETURN TWE ORIGINAL FAX TO US BY FIRST CLASS MAIL AT THE ABOVE ADDRESS. MAR. 5.2002 5:07PM American Arbitration Association Dispule Resolution Servirc.v Worldwide March 5, 2002 VIA TELECO P'Y ONLY William M. Beadie Moore, Costello & Hart 7014th Avenue S., Suite 1350 Minneapolis, MN 55415 City of New Hope 4401 Xylon Ave. North New Hope, MN 55428 Re: 65 E 110 00108 2 Hunerberg Construction Company and City of New Hope - Minneapolis, Minnesota Claim: $31,400.00 Ladies and Gentlemen: NO, 67_/6 2; Molly $argmquest Vice President 18455 Noel Road - Suite I750, Dallas, TX 75240 cclephone: 972- 702.8222 facsimile; 972- 490 -9008 inrcrncc: hap: / /www.ndr.org/ This will acknowledge receipt on March 01, 2002, of a Demand for Arbitration dated February 28, 2002, of a controversy arising out of a contract between the above - captioned parties, containing a clause providing for administration by this Association. We understand that a copy was sent to Respondents). A copy of our Construction Industry Arbitration and Mediation Rules, as amended and in effect July 1, 2001, may be obtained from our website at www.adr.org. Pursuant to Section F -1 of the Rules, this matter is being held under the Fast Track Procedures. Respondent's attention is directed to Section F -3. If Respondent does not answer on or before March 11, 2002, we will assume that the claim is denied. If Respondent wishes to counterclaim, file the appropriate number of copies, together with the administrative fee, to the attention of the undersigned. A copy should be directly sent to Claimant. Enclosed for Respondent is an Answering Statement Form. Claimant has requested that the hearing be held in Minneapolis, Minnesota. Please review Section R -12 of the Rules regarding the locale of hearings. This will confirm an Administrative Conference is scheduled on March 12, 2002 at 2:00 u.m, CST via conference call. The Association will initiate this call. The purpose of the administrative conference is to assist the Association in administering your case efficiently and expeditiously. Please be prepared to discuss the following: a, estimates on the expected duration of the case; b. number of arbitrators /party- appointed arbitrator provision; e. method of appointment of arbitrators, if applicable; d. your views on the qualifications of the arbitrators to be proposed; e. the possibility of submitting this dispute to mediation; f. exchange of documents directly with Arbitrator. MAR. 5.2002 5:07PM N0, 6776 3 6 Enclosed is a conflicts form to list those witnesses you expect to present, as well as any persons or entities with an interest in these proceedings. The conflicts form is due within fifteen days from the date of this letter. The parties are to exchange copies of all correspondence except this form and arbitrator lists. The Association has a strict policy regarding requests for extensions. If you need to extend any deadline during the course of these proceedings, please try to obtain the other party's agreement prior to contacting the AAA. Without the consent of the parties, case managers only have the authority to grant one extension per deadline, provided the request is reasonable and necessary. Untimely filings will not be considered by the Association. The AAA has found that case administration is conducted more efficiently and expeditiously when parties and arbitrators exchange documents directly, copying the AAA. Therefore, unless the parties or the arbitrator agrees otherwise, this case will be administered by facilitating the direct exchange of the appropriate written documents. Enclosed please find the Fact Sheet that explains this process in greater detail. The Association will submit to each party an identical list of arbitrators after the filing of the answering statement or the expiration of the time within which the answering statement is to be filed. Additionally, the parties may desire to mediate this case prior to an arbitration hearing. Mediation is a private, non - binding process under which the parties submit their dispute to a third -party neutral. The mediator may suggest ways of resolving the dispute, but may not impose a settlement on the parties; the parties attempt to negotiate their own settlement agreement. There is no additional administrative fee required to mediate this matter. Please contact the undersigned for further details regarding mediation. As a service to our users, you may charge the administrative fee and deposit for arbitrator fees and expenses to your credit card. If you desire to do so, please complete the enclosed charge authorization and return it to us. In closing we wish to remind the parties that AAA filing fees are nonrefundable. If the parties enter settlement negotiations at any time after the AAA has opened its file, they should take into consideration the nonrefundable filing fees and deposits that have been paid to the AAA. The AAA does not refund filing fees or neutral costs incurred when parties settle their dispute or withdraw their claims. We encourage parties to resolve their disputes as amicably as possible and this notice is just to alert you to this issue so that it does not become a concern later. Of course, if you are unable to settle the matter yourselves, we are prepared to go forward. We thank you for choosing and supporting the work of the AAA. Sincerely, k� Richard B. Reid Case Manager 972 774 6904 RBR/arm Encl. MAR. 7.2002 5:07PM N0. 6%i6 r, 4i 6 a, I 1 0 IZ In the Matter of the Arbitration between: Re: 65 E 110 00108 2 Huncrberg Construction Company and City of New Hope - Minneapolis, Minnesota Claim: $31,400.00 CASE MANAGER: Richard 13, Reid DATE: March 5, 2002 To avoid the possibility of a last-minute disclosure and/or disqualification of the arbitrator(s) pursuant to the rules, we must advise the arbitrator(s) of the names of all persons, firms, companies or other entities involved in this matter. Please list below all interested parties in this case, including, but not limited to, witnesses, consultants, and attorneys. In order to avoid conflicts of interest, parties are requested to also list subsidiary and other related entities. This form is to be returned to this office within and will be treated as confidential information. NAME AFFILIATION DATED: _ _ SIGNATURE: Please be advised that the AAA does not divulge this information to the opposing party(ies). This form will, however, be submitted to the arbitrator(s), together with the filing papers. MAR. 5, 2002 5:07PM N u.6rrc American Arbitration Association Dispute Resolution Services Worldwide —I Fact Sheet Q. What is the purpose of the Accelerated Exchange Program? A. The purpose of the program is to test whether case administration can be conducted more efficiently and expeditiously by allowing parties and arbitrators to exchange documents directly, copying the AAA, rather than only through the AAA, as its rules indicate. Q. Can the parties or the arbitrator object to participating in the program? A. Yes. All the parties and the arbitrator must voluntarily agree to participate in the program. Parties will be asked to sign a written agreement to participate in the program. Q. Must all parties sign the agreement in order to participate in the program? A. Yes. Participation in the program means that the parties have agreed to waive the section of the applicable rules, which discourages direct communication between the parties and the arbitrator. Such agreement to waive any portion of the rules must be obtained in writing from the parties. Q. If a party refuses to participate in the program, will the arbitrator be made aware of their refusal? A. No. Parties are free to decide whether to participate in the program without pressure from the AAA or the arbitrator. Typically, parties will be asked to participate in the program during an Administrative Conference or a direct telephone call from the AAA staff member handling the case. The agreement to participate will only be forwarded to the parties after all sides have consented. The arbitrator will subsequently be informed by the AAA of the parties' agreement. Q. Will the arbitrator confirm this arrangement with the parties? A. Yes. At the beginning of the preliminary hearing or conference call, or at the first evidentiary hearing if a preliminary hearing is not held, the arbitrator will confirm that the parties have agreed to participate in the Accelerated Exchange Program. The arbitrator will also confirm the nature of the communications subject to the program. Q. If a party signs the agreement to participate in the program, but later changes its mind, can the agreement be rescinded? A, Yes. This program requires voluntary participation. If, at any time, a party expresses dissatisfaction with the program, it will be terminated on that case. Such party must, however, notify the Association in writing of its subsequent desire to opt out of the program. Such requests may not be made verbally. In an effort to streamline the administrative process, the American Arbitration Association has developed the Accelerated Exchange Program. The purpose of this Fact Sheet is to provide answers to commonly asked questions regarding the program. - .MAR. 5. 2002 5.07PM QV American ArbiErationAssociation Dispute Resolution Services Worldwide • , • • • • I —J Fact Sheet pa z Q. Are there limits regarding what may be directly exchanged between the parties and the arbitrator? A. Yes. The Accelerated Exchange Program provides only for the direct transmittal of letters, documents, and briefs between the parties and the arbitrator. Copies of same must be simultaneously submitted to opposing parties and the AAA. Accelerated Exchange does not provide for: • Ex parre communications of any kind, via mail, telephone, or any other form of electronic communication. • Discussions between parties and arbitrators regarding compensation, fees, or expenses. • Discussions concerning arbitrator disclosures and/or challenges, locale disputes, or settlement negotiations. Q, Are there any cases not subject to the program? A. Only cases being conducted before a sole arbitrator are being included in the program at this time. Cases that are being heard ex parte or pro se are also not subject to the program. Q. 'What are the benefits for the parties to participate in this program? A. As stated above, the purpose of the program is to expedite the administration of the parties' dispute. By transmitting documents directly to the arbitrator, the parties save the time that would have elapsed had they sent the documents to the Association for subsequent transmittal to the arbitrator. Q. What are the benefits for an arbitrator to participate in this program? A. Participation in the program gives the arbitrator greater control over the management of the process. Also, the services offered by the AAA staff to the arbitrator — such as the preparation of orders and awards — are unchanged and still made available to the arbitrator. Q. Doesn't this program cut the Association out of the process altogether? A. Absolutely not. On the contrary, the Association is able to offer even better service to its clients by overseeing the expedited method of exchange established by the program. The Association will continue to receive copies of all transmissions between the parties and the arbitrator, and will closely monitor each case to ensure that it's being conducted efficiently. Q. Will participation in the program result in any additional expense to the parties? A. The purpose of this program is to move documents — destined for submission to the arbitrator in any event — using a faster and more efficient method. Therefore, we do not expect that the parties' direct transmission of their documents to the arbitrator will increase the arbitrator's efforts or expenses. In an effort to streamline the administrative process, the American Arbitration Association has developed the Accelerated Exchange Program. The purpose of this Fact Sheet is to provide answers to commonly asked questions regarding the program. • M... , epa_CC.Van MA R, 5.2002 5:08PM ok re �0 "R VIA �� - 1 0 wi i . V- 3 WWI VA V 2 115 1:101 A EDrt 17ON If you want the AAA, to contact the other party and attempt to arrange a mediation, please check this box E) TO: Name of Claimant Name of Representative (it known) Address Address City State Zip Code City State Zip Code Phone No. Fax No. Phone No. Fax No RESPONDENT ANSWERS CLAIMANT'S ANT`S DEMAND FOR ARBITRATION AS FOLLOWS: (Please describe the dispute and any counterclaim in sufficient detail so the AAA may select an arbitrator with appropriate qualifications and experience_ AAA Case # (if known) DOLLAR AMOUNT OF COUNTERCLAIM: S OTHER RELIEF SOUGHT: PLEASE DESCRIBE APPROPRIATE QUALIFICATIONS FOR ARBITRATORS) TO BE APPOINTED TO HEAR THIS DISPUTE: ESTIMATED TIME NEEDLED FOR HEARINGS OVERALL: hours days RESPONDENT REQUESTS THAT ,ARBITRATION HEARINGS BE HELD AT THE FOLLOWING LOCALE: bi gnature (—y be signed by a representative) I Title Date Name of Respondent Name of Representative Address Address City State Zip Code City State Zip Code Phone No. Fax No. Phone No. Fax No. PLEASE SEND TWO COPIES OF TILLS ANSWERING STATEMENT, WITH THE FILING FEE FOR ANY COUNTERCLAIM, AS PROVIDED FOR IN THE RULES, TO THE AAA. SEND TI-M ORIGINAL ANSWERING STATEMENT TO THE CLAIMANT MAR 5 2002 . 5.08PM NO 67 i6 8 6 American ArbicrationAssociation Di.rputt Resolution Strulcts SYortdwzde Charge Card uthorizat,. ion Please Print or Type Case No: Party Name: . other. Membership (P /ease Circle:) - - Invoice wU Publications Invoice bate Samina Amount Visa MasterCard AMEX Amount Charged: Account Molder Name: Card No : Exp Date: �- Signature Date Submitted By: Date: For Central Office Use Processed By: Date: Approval Code: CHODBI -12/93 MOORE, COSTELLO & HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS REPLY TO MINNEAPOLIS OFFICE February 28, 2002 CITY OF NEW HOPE 4401. XYLON AVE N NEW HOPE MN 55428 Re: Public Works Addition & Renovation Demand For Arbitration Gentlemen: WRITER'S DIRECT DIAL NUMBER (612) 395 -8612 Enclosed is Hunerberg Construction Company's original Demand for Arbitration. Very truly yours, MOORE, COSTELLO & HART, P.L.L.P. B William M. Beadie :amg Enclosure cc: TSP One, Inc. MPLS:37984.1l33821 -10 55 E FIFTH ST - SUITE 1400 - ST. PAUL, MN 55101 -1792 - TEL. (651) 227 -7683 - FAX (651) 602 -2670 701 FOURTH AVENUE SOUTH - SUITE 1350 - MINNEAPOLIS, MN 55415 -1823 - TEL. (612) 673 -0148 - FAX (612) 395 -8600 MOORE, COSTELLO& HART, P.L.L.P. A Professional Limited Liability Partnership ATTORNEYS REPLY TO MINNEAPOLIS OFFICE February 28, 2002 VIA FEDERAL EXPRESS AMERICAN ARBITRATION ASSN 1750 TWO GALLERIA TOWER 13455 NOEL ROAD DALLAS TX 75240-6636 Re: Hunerberg Construction Company VS. City of New Hope - Minneapolis, Minnesota Gentlemen: WRITER'S DIRECT DIAL NUMBER (612) 395-8612 Enclosed for filing are three copies of Hunerberg Construction Company's Demand for Arbitration. Also enclosed is Hunerberg's check in the amount of $750.00 in payment of the filing fee. Very truly yours, MOORE, COSTELLO & BART, P.L.L.P. William M. Beadie :amg Enclosures cc: City of New Hope TSP One, Inc. Hunerberg Construction Company MPLS:3 798 5.1/33 82 1 -10 55 E FIFTH ST - SUITE 1400 - ST. PAUL, MN 56101-1792 - TEL. (651) 227-7683 • FAX (651) 602-2670 701 FOURTH AVENUE SOUTH • SUITE 1350 - MINNEAPOLIS, MN 55415-1823 - TEL. (612) 673-0148 • FAX (612) 395-8600 American ! 1 n Associa C ONSTRUCTION INDUSTRY A"ITRATION R ULES DEMAND FOR ARBITRATION MEDIATION If you want the AAA to contact the other party and attempt to arrange a mediation, please check this box. TO: Name of Respondent Name of Representative (if known) CITY OF NEW HOPE M10-0—RE, COSTELLO & HART P.L.L.P. Address Address 4401 XYLON AVE. NORTH 701 FOURTH AVENUE SOUTH SUITE 1350 City State Zip Code City State 71 Zip Code NEW HOPE MN 55428 MINNEAPOLIS MN 55415 Phone No. Fax No. Phone No. Fax No. THE NAMED CLAIMANT, A PARTY TO A WRITTEN AGREEMENT DATED 6 -26 -nn PROVIDING FOR ARBITRATION UNDER THE CONSTRUCTION INDUSTRY ARBITRATION RULES, HEREBY DEMANDS ARBITRATION THEREUNDER. (ATTACH THE ARBITRATION CLAUSE.) NATURE OF DISPUTE (Please give enough details to enable the AAA to select arbitrators with appropriate experience.): Claim for payment for work furnished pursuant to a written contract between Claimant and Respondent for the construction. by Claimant of a project known as New Hope Public Works Addition and Renovation. DOLLAR AMOUNT OF CLAIM: OTHER RELIEF SOUGHT: Payment of whatever amount may be withheld by S 31,400.00 Respondent for liquidated damages, plus Claimant's costs and fees of PLEASE DESCRIBE APPROPRIATE QUALIFICATIONS FOR ARBITRATORS) TO BE APPOINTED TO HEAR THIS DISPUTE: 77r i ra is Familiar with construction and construction law. CLAIMANT IS: ❑ Owner ❑ Design Professional (specify ) Contractor ❑ Subcontractor (specify ) ❑ Other (specify ) RESPONDENT IS: Owner ❑ Design Professional (specify ) ❑ Contractor ❑ Subcontractor (specify ) ❑ Other (specify } ESTIMATED TIME NEEDED FOR HEARINGS OVERALL: hours 1 days Copies of this demand are being filed with the American Arbitration Association at its office. Claimant requests that the AAA commence the administration of the arbitration. Under the rules, you may file an answering statement within ten days after notice from the AAA. CLAIMANT REQUESTS THAT ARBITRATION HEARINGS BE HELD AT THE FOLLOWING LOCALE: Minneapolis, MN tg atu fi be signed rep entative) ,4 Titled (� /� a Date Name of Claimant Name of Representative William M. Beadie HUNERBERG CONSTRUCTION COMPANY M10-0—RE, COSTELLO & HART P.L.L.P. Address Address 13705 26th Ave. North, Suite 100 701 FOURTH AVENUE SOUTH SUITE 1350 City State Zip Code City State Zip Code Plymouth MN 55441 MINNEAPOLIS MN 55415 Phone No. Fax No. Phone No. Fax No. 763 - 553 -0062 612- 395 -8612 TO INSTITUTE PROCEEDINGS, PLEASE SEND THREE COPIES OF THIS DEMAND AND THE ARBITRATION AGREEMENT, WITH THE FILING FEE, AS PROVIDED FOR IN THE RULES, TO THE AAA. SEND THE ORIGINAL DEMAND TO THE RESPONDENT. Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 21 days after the Architect has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proceedings pursuant to Paragraph 4.4. 4.3.7 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 10.3. If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued �mation theontract b tC failur of payment by the owner, (5) Y the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with the procedure established herein. 4.3.8 Claims for Additional Time 4.3.8.1 If the Contractor wishes to make Claim for all increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.8.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. 4.4 RESOLUTION OF CLAIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or more of the following preliminary actions within ten days of receipt of a Claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of the Claim by the other party or (5) suggest a compromise. The Architect may also, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain appropriate documentation. 4.4.3 If a Claim has not been resolved, the parry making the Claim shall, within ten days after the Architect's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Architect, (2) modify the initial Claim or (3) notify the Architect that the initial Claim stands. 4.4.4 If a Claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Architect, the Architect will notify the parties in writing that the Architect's decision will be made within seven days, which decision shall be final and binding on the parties but subject to arbitration. Upon expiration of such time period, the Architect will render to the parties the Architect's written decision relative to the Claim, including any change in the Contract Sum or Contract Time or both. If there is a surety and there appears to be a possibility of a Contractor's default, the Architect may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. 4.5 ARBITRATION 4.5.1 Controversies and Claims Subject to Arbitration. Any controversy or Claim arising out of or N; Person or Property. If related to the Contract, or the breach thereof, shall be settled 4.3.9 injury or Damage to b arbitration in accordance with the Construction Industry � either party to the Contract suffers injury or damage to person Y because of an act or omission of the other party, Arbitration Rules of the American Arbitration Association, i or property and judgment upon the award rendered by the arbitrator or of any of the other party's employees or agents, or of others arbitrators may be entered in any court having jurisdiction for whose acts such parry is legally liable, written notice of such injury or damage, whether or not insured, shall be given thereof, except controversies or Claims relating to aesthetic within a reasonable time not exceeding 21 effect and except those waived as provided for in to the other party Subparagra 4.3.5. Such controversies or Claims upon days after first observance. The notice shall provide which the Architect has given notice and rendered a decision sufficient detail to enable the other party to investigate the matter. If a Claim for additional cost or time related to this as provided in Subparagraph 4.4.4 shall be subject to arbitration upon written demand of either party. Arbitration Claim is to be asserted, it shall be filed as provided in may be commenced when 45 days have passed after a Claim Subparagraphs 4.3.7 or 4.3.8. i Unlicensed i 1987 - AIA DOCUMENT A201 - GENERAL C HDTE O SS 0� THE W YORKC AVOENUE NSW.UWASSHINGTONTD.C.T 0006-5292., W ARNING; u nlicensed ca THE AMERICAN INSTITUTE OF A duced with permission of the AIA U.S. copyright laws and is subject to legal prosecution. This document and can be photocopying violates t was electronically p reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1987 t User Document: A201.DOC -- 5124/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #16 has been referred to the Architect as provided in Paragraph 4.3 and no decision has been rendered. 4.5.2 Rules and Notices for Arbitration. Claims between the Owner and Contractor not resolved under Paragraph 4.4 shall, if subject to arbitration under Subparagraph 4.5.1, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement between the Owner and Contractor and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.5.3 Contact Performance During 'Arbitration. During arbitration proceedings, the Owner and Contractor shall comply with Subparagraph 4.3.4. 4.5.4 When Arbitration May Be Demanded. n Demand for arbitration of any Claim may not be made until the earlier of (1) the date on which the Architect has rendered a final written decision on the Claim, (2) the tenth day after the parties have presented evidence to the Architect or have been given reasonable opportunity to do so, if the Architect has not rendered a final written decision by that date, or (3) any of the five events described in Subparagraph 4.3.2. 4.5.4.1 When a written decision of the Architect states that (1) the decision is final but subject to arbitration and (2) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. 4.5.4.2 A demand for arbitration shall be made within the NE time limits specified in Subparagraphs 4.5.1 and 4.5.4 and Clause 4.5.4.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph 13.7, 4.5.5 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a dispute not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. 4.5.6 Claims and Timely Assertion of Claims. A party who files a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. When a party fails to include a Claim through oversight, inadvertence or excusable neglect, or when a Claim has matured or been acquired subsequently, the arbitrator or arbitrators may permit amendment. 4.5.7 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub - subcontractor is a person or entity who has a AIA DOCUMENT A201 - GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION - FOURTEENTH EDITION AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006 - 5292.. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A201 -1987 User Document: A201.DOC -- 5/24/2000. AIA License Number 101129, which expires on 12/6/2000 -- Page #17 I ; I /../ V A =m W 60i MEMO U Consultants and VConstructlon Managers TO; Michelle Black Hunerberg Construction COPY TO: Guy Johnson City of New Hope Mark Thiede TSP One, Inc. FROM: Cheryl Badinger E&V Consultants and Construction Managers DATE: May 21, 2002 RE New Hope Public Works Certificate of Substantial Completion Attached is a copy of the Certificate of Substantial Completion for the New Hope Public Works project OT r r • • L AIA Document G7 04 - Electronic Format OWNER [ ] ARCHITECT [ ] CONTRACTOR [] FIELD [ ] OTHER [] THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. PROJECT: (Name and address) New Hope Public Works Building Addition and Renovation New Hope, Minnesota tr CMel"Aie1.1 (Name and address) City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 DATE OF ISSUANCE: August 14, 2001 PROJECT OR DESIGNATED PORTION SHALL INCLUDE: Interior Work PROJECT NO.: 00701 CONTRACT FOR: General Construction CONTRACT DATE: June 26, 2000 TO CONTRACTOR: (Name and address) Hunerberg Construction Company 13705 - 26th Avenue North Plymouth, Minnesota 55441 The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion thereof designated above is hereby established as July 26, 2001 which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below list of items to be completel complete or correctel is attacFed Fereto. Tge failure to include any items on such ist does not alter Me responsibility of the Contractor to complete all Work in acc, ance with the C tract Documents. TSP One, Inc. - ! ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items attached hereto within thin 30 days from the above Date of Substantial Completion Hunerberg Construction Company CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereo u stantially co , plete and will assume full possession thereof at 12:01 am (time) on 7/27/01 (date). City of New Hope f OWNER by DATE AIA DOCUMENT G704 - CERTIFICATION OF SUBSTANTIAL COMPLETION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 - 5292.. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G704 - 1992 User Document: G704 -- 8/14/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #1 e response i iries of e Owner anl Tie Contractor 177 security, maintenance, MIT uri Rtes, Uamage to U;7777 a insurance shall be as follows: (Note -- Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) „ g,],cc__ responsibility secs maintenance.�,� = 1LA Z ZLmd insurance for ' da substantially ete. responsibilities e?cteriori c5 stn d Owner when is substantially complete AIA DOCUMENT G704 - CERTIFICATION OF SUBSTANTIAL COMPLETION - 1992 EDITION - AIA - COPYRIGHT 1992 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C., 20006 - 5292.. WARNING; Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format G704 - 1992 User Document: G704 -- 8/14/2001. AIA License Number 101129, which expires on 12/7/2001 -- Page #2 SUBSTANTIAL COMPLETION OBSERVATION REPORT GENERAL CONSTRUCTION, MECHANICAL & ELECTRICAL PROJECT NAME LOCATION TSP PROJECT NO. DATE OF PUNCH LIST: PRESENT: New Hope Public Works Building Addition & Renovation New Hope, MN 00701 June 27, 2001 Cheryl Badinger, E &V, Mark Thiede, TSP, Mel Smestad, TSP, Chuck Bodmer, TSP COPIES TO: File All Those Present Guy Johnson, City of New Hope IMPORTANT NOTE The following list of deficiencies shall be signed and returned to our office within 30 days of the above date. All items should be marked corrected unless it is impossible to do so. If this is the case, we wish some explanation for each item which cannot be corrected at this time. Until this final list is corrected, no consideration will be given to approving the release of final retainage. Please check the Yes column for the corrected items and the No column for the items not corrected. Yes No ARCHITECTURAL General Items 1. 2. 3. 4. 5. Perform general cleaning Clean paint overspray from all surfaces Remove paint drips and touch up wall at wall /floor intersection at all walls Remove extra material and equipment Clean floor Room 101 1. Remove loose paint from conduits and recoat _ 2. Recoat one block course at floor level 3. Recoat north wall at bar joists Room 102 1. 2. 3. 4. 5. 6. 7. 8. 9 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Remove peeling paint and touch up on roof deck Recoat bridge crane base plate in northeast corner Touch up bridge crane column in southeast corner Touch up door closer on door 102B Patch masonry at door 102A where existing door jamb was removed Recoat masonry jambs at door 102A Remove tape above door 102A Paint east side of door 102B Install fire sealant at wall penetration near south side of coiling door Repair /replace bent electrical raceway at northeast corner of bridge crane Remove loose paint and rust on bridge crane columns and recoat Remove misc. tape from bridge crane Wipe bridge crane controls of overspray Remove overspray from bridge crane Remove overspray from Co Ray Vac system Provide fire safing system at north wall at roof deck Recoat door closer at door 102D Remove overspray from hardware on door 102C and 102D Clean/remove debris from above storage room 103 Clean louver into storage room 103 Install missing bolts at column top plate in southeast corner Recoat bottom course of existing concrete block Automatic stop for coiling door does not work -2- Room 103 1. 2. 3. 4. 5. Room 104 At door 103A replace two bottom hinges, stripped screw heads, secure strike plate, remove overspray, install floor strikes and overhead stops Touch up wall above door 103A (both sides) Recoat first course of CMU at floor level Recoat west wall at north end Recoat east wall at top course of CMU _ 1. Complete installation of "Rotary" lift 2. Clean lift pits 3. Remove rust and paint steel imbeds for lift pits 4. Clean/remove rust /touch up rotary lift 5. Install threshold, closer and weather stripping for door 104B 6. Remove rust and paint pipe threshold at door 104A 7. Install closer and missing door silencers on door 108A 8. Install missing screws, replace stripped screws and install door closer on door 107A 9. Remove debris from inside masonry stub wall enclosure Room 105 1 2 Room 106 Remove rust and paint coverplate of floor lift and steel tube threshold at door 105A Remove rust and paint pipe threshold at overhead door 1. Remove rust and paint pipe threshold at overhead door 2. Door 106A does not close completely _ 3. Clean windows 4. Install existing four post lift -3- 1. Remove all misc. material and equipment 2. Remove data equipment covering 3. Clean floor and apply concrete floor sealer 4. Wipe down electrical equipment Room 115 1. Paint concrete block infill MECHANICAL Repair Bay 1 1 Repair or replace damaged infrared heater cover at east end of bay. 2 The motorized damper at the roof penetration for EF -2 does not close when the fan is turned off. 3 Clean out trench drains, and remove paint off trench drain covers. _ 4 The compressed air outlet on the north wall of the center island is unusable due to paint covering the slip ring. Either remove paint to make outlet usable or replace outlet. 5 The vehicle tail pipe exhaust for fan EF -4 comes down smoothly, but it does not retract properly. The motor stops frequently on the way up, or it stops completely leaving the hose hanging. Fix or replace unit so hose retracts completely without stopping. Repair Bays 2, 3, and 4 1 Finish installing five fluid storage tanks, pumps, and piping. 2 Clean the exteriors of the five fluid tanks. M _ 3 Clean out trench drains, and remove paint off trench drain covers. — 4 Missing two clean outs for trench drains. This may be acceptable if approved by the Plumbing Inspector. — 5 The vehicle tail pipe exhaust in Bay #4 comes down smoothly, but it does not retract properly. The motor stops frequently on the way up, or it stops completely leaving the hose hanging. Fix or replace unit so hose retracts completely without stopping. _ 6 Lower the heights of the two sets of hose reels for the fluid dispensers so they can be reached from the floor. Electrical Room — 1 Label the three control panels serving the garage ventilation systems to indicate which zones they control. 2 Change the labels on the three control panels so the middle position indicates "Auto" and not off. _ 3 The control panel for the ventilation system in Bays 2, 3, and 4 would not run the units, and the alarm light was lit. Parking Garage 1 The manual override timer switch for ventilation Zone 2 is missing. 2 The existing makeup air unit in Zone 2 was running all the time. Change controls so unit only comes on during the winter mode, or when the air quality sensor indicates contaminated air levels. 3 Make -up air unit MAU -2 supply fan runs while the control panel is in the summer mode. Change unit to only run during the winter mode, or when the air quality sensor indicates contaminated air levels. -5- Outside Building 1 Clean dirt and concrete off Fire Department Connection. _ 2 Seal downspout nozzle wall penetrations on the north and south walls of the parking garage. Roof 1 The flexible connection for fan EF -4 does not separate the two sections of ductwork. Fix ductwork to provide a break between the two ducts. 2 MAU -2 filter access door is not closed. 3 The two tailpipe exhaust fans EF -3 and EF -4 are required to be weatherproof, but the discharge of the fans end without a hood over the vertical backdraft damper. Provide a hood over the fan discharge. General Items I Provide balancing report for exhaust fans and make -up air units. 2 Provide Operations & Maintenance manuals. 3 Provide plumbing inspection certificate. 4 Provide Fire Department inspection certificate. ELECTRICAL General Items 1. Provide operation and maintenance instruction manuals, complete with as -built drawings. 2. Provide identification plates on Panel "L I", starters, and disconnect switches. 3. Clean dust and dirt from panelboards, starters, and disconnects, inside and out. 4. Restore operation of the fire alarm system (flow switch alarms do not activate notification devices connected to the Simplex fire alarm control panel at the main building entrance). 5. Perform testing and certification of the entire expanded fire alarm system (existing and new panels, devices, and wiring) according to NFPA 72. Provide 10 -day notice of final acceptance testing according to Article 3.61) of Section 16721 of the Specifications. 6. Certify that wiring devices shown in the drawings to be new are new (several devices, especially receptacles, are dirty and dull). 7. Aim Type "EB" emergency light heads to illuminate owner - defined paths of egress. Room 101 1. Clean and relamp all existing light fixtures. Room 102 1. Clean and relamp all existing light fixtures. 2. Provide four new ceiling fans. 3. Clean Type "DC" light fixture lenses. Rooms 104,105,106 1. Repair quartz restrike in Type "AQ" light fixtures (does not work during lamp cool - down/warm -up time). 2. Replace the 3 -way switches controlling the Type "A" and "AQ" light fixtures with 30 -amp switches with brown switch handles. 3. Clean Type "DC" light fixture lenses. -7- Room 107 1. Change the circuit breakers in Panel L2 Circuits 33 and 35 to 30 -amp breakers. (These are the breakers for the Type "A" and "AQ" high bay lighting in the repair bays. Breaker 35 had tripped. Breakers 33 and 35 were warm when the lights were on). 2. Replace all conductors in Panel L2 Circuits 33 and 35 with #10 conductors (Type "A" and "AQ" lighting circuits). End of Punch List. TSP One, Inc. Mark Thiede The above deficiencies have been corrected except where checked no . For the items not corrected, an explanation is included. Contractor's Signature Date eORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) 08/01/2000 PRODUCER Klein Agency, Inc. 3570 N Lexington Ave Ste 206 g St Paul, MN 55126 -8058 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OF SUCH 651-484-6461 INSURERS AFFORDING COVERAGE INSURED Hunerberg Construction Company INSURERA: United Fire & Casualty Company 13705 26th Ave. N. Suite 100 Plymouth, MN 55441 INSURERS: Union Insurance Company INSURERC: State Fund Mutual Insurance wsURERD: Northern Ins. Co. of New York INSURER E: CO VERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AND CONDITIONS OF SUCH INSR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION LTR POLICY NUMBER DATE MM /DD DATE MM /DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5, 000 A 60 -054 514 8/1/00 8/1/01 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP {OP AGG $ 2,000, 0 0 0 ' X POLICY JEa LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 500,000 X ALL OWNED AUTOS -- SCHEDULED AUTOS BODILY INJURY (Per person) $ X A HIRED AUTOS 60 -054 514 8/1/00 8/1/01 X NON - OWNEDAUTOS BODILY INJURY (Per (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY X OCCUR EI EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 CLAIMS MADE MS7349 8/1/00 8/1/01 B DEDUCTIBLE $ —"' X RETENTION $ 10,000 $ WORKERS COMPENSATION AND X WC STATU OTH- EMPLOYERS' LIABILITY 15838.201 8/1/00 8/1/01 TORY LIMIT„ E.L. EACH ACCIDENT $ 5 00 ,0 00 C E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 D OTHER Builders Risk ECA 55865183 8/1/00 8/1/01 $1,000 Deductible "Special Form" DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS $894,384 Per Site Limit Project: New Hope Public Works Addition & Renovation The City of New Hope, E & V Consultants & Construction Managers & TSP One, Inc. are named as additional insureds as per the endorsement attached to the P olicy. CERTIFICAT HOLDER I I ADDITIONAL INSURED; INSURER LETTER: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EyyEXVMTA MAIL 30 DAYS WRITTEN NOT t TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ACORD 25S (7197) 10 AGENCY, R40. O ACORD CORPORATION 1988 0r, I STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper orice each week, for one successive weeks; it was first published on Wednesday, the 31 day of May , 2000, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of . 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgratu Publisher Subscribed and swo or affirmed bef re me on this day of 2600. iq rupee:. RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 ep r line (3) Rate actually charged $ 1.40 -per line 4401 Xylon Avenue North New Hope, Minnesota 55428 -4898 www, ci. new -hope. mn. us Hunerberg Construction Company 13705 26` Avenue North Suite 100 Plymouth, MN 55441 City Hall: 612 -531 -5100 Police: 612 - 531 -5170 Public Works. 612- 533 -4823 TDD: 612 -531 -5109 SUBJECT: PUBLIC WORKS ADDITION AND RENOVATION (IMPROVEMENT PROJECT NOS. 671 & 679) City Hall Fax: 612 - 531 -513; Police Fax: 612 - 531 -51 Public Works Fax: 612 - 533 -7650 Enclosed are two fully executed copies of the contract documents for New Hope Projects 671 and 679. One copy is for your records and the second copy should be transmitted to your bonding company. This contract was awarded by the New Hope City Council on June 26, 2000, for $894,384. 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, Valerie Leone City Clerk, CMC enc. cc: Cheryl Badinger, Project Manager (E &V) Steve Sondrall, City Attorney (File No. 99.11171) Guy Johnson, Director of Public Works Tom Schuster, Contract Manager Family Styled City v For Family Living